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Abdur Rahman (Md) Vs. Md. Iqbal Ahmed and others, 1997, 26 CLC (AD)
....Fourth Court of Munsif, Habiganj a suit, Title Suit No. 96 of 1958, against defendant Nos. 1-7 and their constituted attorney defendant No. 8 for specific performance of a contract for sale of the disputed land. The suit was eventually decreed on 31 January 1967 with a direction to defendant No.......e benefits of the decree obtained after protracted litigation. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 142 ..Category: Property Law | Date: | Hits: 84
Abdul Kaiyum (Md) Vs. Krishnadhan Banik being dead, his heirs Bijan K Banik & ors, 1997, 26 CLC (AD)
....os. 2-5 for specific performance of contract. The suit was decreed on compromise on 121191 and in execution of the said decree Title Execution Case No 2 of 1991 the petitioner got possession of the disputed property on 18 2 94 On 1394 the predecessor of respondent Nos. 1(a) 1(f), Krishnadhan Bani......ayer was rejected both by the trial Court and the appellate Court. 3. The High Court Division upon noticing the provisions of rules 101 and 103 of Order CPC interpreted the said rules holding: “We find that the word “shall” used in rule 101 indicate th..Category: Property Law | Date: | Hits: 64
Dhaka Vegetable Oil Ind. Ltd. Vs. Commissioner of Taxes, Dhk. (North) Zone, Dhaka, 1997, 26 CLC (AD)
....vanced by Mr. Rafiqul Huq. In the result both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 136 ......gh Court Division, only the following two questions in the order those were framed by the appellant need to be noticed in these appeals: ii) Where the Tribunal was justified in law in holding that Circular No. 1(3)-M (T&A)/NBR/80 dated the 2nd August, 1980 of the National Board..Category: Fiscal/Taxation Law | Date: | Hits: 120
Shamsul Arafin Khan Vs. Kazal Miah and others, 1997, 26 CLC (AD)
.... the appellant. Accordingly, the appeal is allowed and the impugned order set aside without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 175 ......li Primary School Centre has been vitiated by practicing fraud in the said election by the said elected Chairman. The appellant prayed for setting aside the election of that polling station and for holding fresh election. Respondent No. 1 contested the case by filing written objection and denied..Category: Others | Date: | Hits: 87
Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)
....ellant is directed against the judgment and order dated 22-6-93 passed by the High Court Division making the Rule absolute in Writ Petition No. 1477 of 1988, thereby declaring the enlistment of the disputed building in the ‘ka’ list of abandoned building vide notification in the Offic...... those of the Court of Settlement are restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 161 ..Category: Property Law | Date: | Hits: 89
Shamsuddin Ahmed Chowdhury Vs. State and another, 1997, 26 CLC (AD)
....ourt Division did not commit any illegality in discharging the Rule. The appeal is dismissed. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 119, 49 DLR (AD) (1997) 159 ......of 1983 in the Court of Upazila Magistrate, Anawara, wherein respondent No. 2 alleged that the said document was fraudulently created, learned Judges of the High Court Division erred in law in not holding that the present case against the appellant and three other accused persons cannot be proce..Category: Criminal Law | Date: | Hits: 72
Sayeed Farook Rahman Vs. Sessions Judge of the Court of Sessions, Dhaka & other, 1997, 26 CLC (AD)
.... substantial point of law which calls for granting of leave for detailed consideration. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 157 ......the Court of Sessions, Dhaka shall hold its sitting for the trial of Sessions Case No. 319 of 1997 arising out of Dhanmondi PS Case No. 10 (10)96 under Dhaka Metropolitan Area at the first floor of holding No. 3/13, Works Ministry Building No. 10/141 situated in the middle of Begum Bazar and Naz..Category: Constitutional Law | Date: | Hits: 179
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ......he evidence of eye-witnesses, the High Court Division though it proper to dispose of the Appeal by referring to the medical evidence only and by observing upon a brief consideration of two PWs and holding thereupon that the medical evidence disproved that the ‘respondent has fired the gun ..Category: Criminal Law | Date: | Hits: 77
Safaruddin and others Vs. Fazlul Huq and others , 1997, 26 CLC (AD)
.... holding originally belonged to Shakir Mahmud and Zakir Mahmud. The plaintiffs who are respondent Nos. 1-5 filed the suit for declaration of title and partition. They claim 2.971/2 acres out of the disputed land by way of inheritance. 3. The contesting defendants, on the other hand, claim...... The suit out of which the petition has arisen relates to 5.35 acres of land comprised within CS Khatian No. 34 of Mouza Khajahaji under PS Kapasia of the district of Gazipur. Admittedly, the said holding originally belonged to Shakir Mahmud and Zakir Mahmud. The plaintiffs who are respondent No..Category: Property Law | Date: | Hits: 71
Government of Bangladesh Vs. Hosne Ara Begum, 1997, 26 CLC (AD)
....f the damage and compensation. 8. It was the plaintiff herself alone supported by no other witness or evidence, who tried to make put her claim. In her testimony she has stated that in the disputed property there are 65 rooms, that her own house and her father’s house are situated ......ment and decree of the High Court Division be set aside and those of the trial Court be restored. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 56, 49 DLR (AD) (1997) 127 ..Category: Property Law | Date: | Hits: 72
State Vs. Jobaida Rashid, 1997, 26 CLC (AD)
....re illegally kept/stored or preserved by the respondent. A seizure list was prepared at the mid-night of 2-11-96 and the respondent was forced under threat, coercion and intimidation to sign the said disputed seizure list but she protested the preparation of the false seizure list. She cannot read o......t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ..Category: Criminal Law | Date: | Hits: 115
Alimuddin and others Vs. State, 1997, 26 CLC (AD)
....o reason to interfere with the impugned order upon time-barred petition. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 118 ......ys and the delay has not been sufficiently explained. 4. We have, however, heard Mr. Zamiruddin Sarker, learned Counsel for the accused who submits that the High Court Division was wrong in holding that the Public Prosecutor represented the Government and he was competent to file an appli..Category: Criminal Law | Date: | Hits: 74
Jalaluddin alias Faruque and ors. Vs. Ehsanuddin and others, 1996, 25 CLC (AD)
.... of Order XLVII Rule I of the Code of Civil Procedure. We do not find any substance in this petition. It is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 116 ....... Kajal Das Sarma and ors. 44 DLR (AD) 1, on the view that a monthly tenancy is heritable. The learned Judge of the High Court Division rejected the review petition by the impugned judgment and order holding, inter alia, that a subsequent change is case law cannot be a ground for review. 6. Mr. M..Category: Property Law | Date: | Hits: 63
AKM Azizul Islam and another Vs. State, 1997, 26 CLC (AD)
.... Cr. P. C. Thus the impugned judgment does not call for any interference. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 115 ......nter alia , that the investigation of the case could not be completed during the specified time or the extended time. The concerned Magistrate by his order dated 16-10-91 rejected that application holding, inter alia , that in view of the provision of section 195 of the Code of Criminal Procedur..Category: Criminal Law | Date: | Hits: 87
Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)
.... more are set aside. The appellant be set at liberty forth with if not required in connection with any other case. Ed. This case is also reported in: 49 DLR (AD) (1997) 111 ...... the said writ petition was the same as in instant writ petition. The learned Judges of the High Court Division in rejecting Writ Petition No. 721 of 1994 in limine delivered an elaborate judgement holding that there was an alternative remedy of appeal under section 30 of the Special powers Act a..Category: Criminal Law | Date: | Hits: 98
Khandaker G. Najib Vs. Chair., Board of Directors, Agrani Bank, HO, Dhk & ors, 1997, 26 CLC (AD)
....e matter. The appeal is allowed with costs and remanded to the Administrative Tribunal for hearing the case in accordance with law. Ed. This case is also reported in: 49 DLR (AD) (1997) 109. ......LR 404, Saleh Ahmed Joarder vs. People’s Republic of Bangladesh, 36 DLR (AD) 26 and Executive Engineer, Public Health, Barisal Division vs. Mohammad Ali, 41 DLR (AD) 64 and thus erred in law in not holding that the appellant’s application before the Tribunal is founded upon a new cause of action..Category: Administrative Law | Date: | Hits: 131
Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)
....onsideration of the evidence on record dismissed the suit holding that the suit was bad for want of cause of action, as the plaintiffs did not make any allegation in the plaint that the defendants disputed their title to the suit land, The learned Judge of the High Court Division has lawfully up......dur Rouf J: This appeal by leave by the plaintiffs is from the judgment and order dated May, 11, 1993 passed by the High Court Division in Civil Revision No. 384 of 1990 discharging the Rule and upholding thereby the judgment and decree passed on October 11, 1989 by the learned Subordinate Judge..Category: Property Law | Date: | Hits: 79
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
....t denied the claim of the plaintiffs in a written statement. His plea was as follows. The defendant and one Ashrafuz Sultan had agreed to purchase the eastern and the western half respectively of the disputed holding at a consideration of Taka 40,000.00. They paid Taka 5000.00, each paying Taka 2500......peal No. 32 of 1987. 2. The heirs of the defendant Chitta Ranjan Chakrabarty are the appellants. The original plaintiffs Janendra Chandra Roy and his mother Suhashini, were the owners of Municipal holding at Amlapara Ganguly Road within the town of Mymensingh described in the schedule to the plai..Category: Tenancy Law | Date: | Hits: 88
Fazlur Rahman (Md) Vs. Government of Bangladesh, 1997, 26 CLC (AD)
.... to the writ-petition had been issued without any lawful authority and is of no legal effect. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 92. ......he Minister of Education legally extended the service of the former Headmaster of the School for two years with effect from 1-9-95 and, as such, the learned Judges of the High Court Division erred in holding that Annexure-L dated 6-2-96 had also been issued without any lawful authority. 6. Syed B..Category: Constitutional Law | Date: | Hits: 163
Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)
....ce as to tender of the consideration on 28 Magh 1365 BS has litttle ground. The well settled principle of law that in the case of a contract for reconveyance time is the essence of contract is not disputed before us in view of the decisions in Abdul Rahim Sardar vs. Idris Ali Bepari, 11 DLR 169 ......f the said court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ..Category: Property Law | Date: | Hits: 60
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