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Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)
....3.7.1998 (annexure-I) to have been made without lawful authority and to be of no legal effect and directing that the writ respondents to re-instate the respondent No. 1 herein giving him two months time to report to the office; outstanding claim with regard to US $ 12,489.11 or his claim for......f the powers conferred by section 20 of the Ordinance was published in the Bangladesh Gazette on 24.9.1991 as such the proceedings under Government Rules and Ordinance was authorized. ..Category: Employment/Service Law | Date: | Hits: 105
Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
.... to be substituted for the government of Pakistan or, as the case may be, the Government of East Pakistan as a party to such proceedings. (2) The Government of Bangladesh may, at any time before the final hearing of any legal proceedings mentioned in clause (1) submit a written ap......y order as to costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ..Category: Property Law | Date: | Hits: 43
ACKO Industries and Cold Storage Ltd. and another Vs. Pubali Bank Ltd. & others, 1997, 26 CLC (AD)
....ng the Memo of Appeal, F. A. T. No. 177 of 1996, on the ground that the half of decretal amount which were required to be deposited under the provision of Artha Rin Adalat Act, 1992 was not paid in time before filing the Memo of appeal. 2. The relevant facts are: - The plaintiff responden...... order of the High Court Division and direct the High Court Division to register the appellants appeal preferred before him. Ed. This Case is also Reported in: II ADC (2005) 380. ..Category: Civil Law | Date: | Hits: 87
Mossammat Khursheda Jahan Vs. Jahan Syada Shafinaz and others, 2002, 31 CLC (AD)
..... The pre-emptor respondents alleged that no notice of the aforesaid case was served upon them. They came to know about the agreement, suit and sale of the disputed land on 29.3.1983 for the first time and the pre-emptee appellant in the meantime got possession of the land and structure fro......xecuted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is Also Reported in: II ADC (2005) 365. ..Category: Property Law | Date: | Hits: 35
Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
....l jurisdiction and obtained Rule. The High Court Division made the Rule absolute on the findings that plaintiff No.1’s vendor Parichan Bibi (defendant No. 3) was out of possession at the time of purchase by the plaintiff No. 1, that from the evidence of P.W. 3 (son of defendant No. 3 )......ade hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ..Category: Property Law | Date: | Hits: 37
Dr. Md. Rashidul Islam Vs. Morsheda Parveen, 2005, 34 CLC (AD)
....satisfaction of her sons' father. Further if the sons after attaining the age of 16 years desire to live with the father they may be allowed to go with the father forthwith. 11. At the time of hearing, the learned Advocate-on-record for the appellant and the learned Counsel for the r......d to go to their father forthwith is maintained. The appeal is accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 357. ..Category: Family Law | Date: | Hits: 161
Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)
....nce that the jama was actually separated and the lands were recorded under separate khatians. The copy of a proposed khatian No. 997/1 has been produced before us by the appellant-pre-emptee at the time of hearing of the appeals. It shows that a proposal was under consideration of the Revenue-of......limitation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ..Category: Property Law | Date: | Hits: 35
Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 1984, 13 CLC (AD)
....cquisition of plot No.1210 defendant No. 2 (present respondent No. 2) in his objection petition dated 26.6. 68 specifically admitted sale of the suit land by them to the plaintiff. 6. In the meantime liberation war started and the defendants left for India and after liberation when they came ......dingly it is set aside and the decree of the First Appellate Court is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 205, 1985 BLD (AD) 172...Category: Property Law | Date: | Hits: 40
Reazuddin & ors. Vs. Jatindra Kishore Malaker and others, 1984, 13 CLC (AD)
....s.1-2, the appellants have been possessing the case land for more than 30 years in the capacity of Korfa tenants on the strength of Ext. 2 and they being in possession of the case land at the time of preparation of the record of right their names and not that of the respondents should have ...... High Court Division is set aside and that of the lower Appellate Court is restored. There will no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 202. ..Category: Property Law | Date: | Hits: 28
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....d Act XI of 1859. But some of the defendants, namely, heirs of Ahmadullah Munshi, by fraud and collusion, got fresh settlement of the entire raiyati of Golam Rahman from the Khas Mohal Office some time in 1952 AD. These interests were, also again put to sale in auction under the Public Demands R......d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ..Category: Property Law | Date: | Hits: 55
Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)
....me available under section 32 (3) of the Waqf Ordinance, 1962, which is a special law, having long existed, the respondent might invoke provision of section 14 of the Limitation Act for excluding the time that was spent in other proceedings in wrong forum. But the appellant being found negligent in ......e set aside and that of the District Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184...Category: Procedural Law | Date: | Hits: 112
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
....iff was in possession of the suit land. On documentary evidence it was observed that Exts. 2 series show payment of rent of the suit land by the plaintiff and his predecessor in interest since the time of purchase from defendant No.1. It was observed by the appellate court below: ......rder of the High Court Division is set aside and those of the appellate court below restored. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 177. ..Category: Property Law | Date: | Hits: 36
Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 1985, 14 CLC (AD)
....not, complied with. After the expiry of 8 months of this objection the defendant deposited the decretal amount. But the Court rejected the deposit holding that the deposit could have been made at the time of presentation of the application for setting aside the ex-parte decree under section 17(1) th......rt rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ..Category: Tenancy Law | Date: | Hits: 159
State Vs. Md. Haroon, 1984, 13 CLC (AD)
....on was sent to bring P.W.1. Khurshed Alam son of the deceased from his school. It is alleged that the Vice-Chairman in order to save the accused took him to the Union Parishad Office but in the meantime Dafadar Hamdu Meah was sent to Fatickchari Police Station whereupon the O/C of the Thana came t......ak mind. It is the judicial mind that tilts in favour of the accused because circumstance and evidence in the case raises a doubt in the prosecution case when these circumstances are weighed in the scale of justice. The trial courts had the advantage of observing the demeanour of witnesses who sto..Category: Criminal Law | Date: | Hits: 64
Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)
....on 87(1) does not depend upon Collector's discretion. But if the landlord enters upon the holding by serving a notice, the raiyat may file a suit for recovery of possession of the land at any time not later than expiration of two years from the date of publication of the notice. The origina......l-founded both in law and fact leaving no scope for interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 164. ..Category: Property Law | Date: | Hits: 32
Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)
....rectly restored the order of the trial court. The petition is therefore dismissed……….(8) Order obtained on 31-10-1984 from the Appellate Division by suppression of the real fact that by that time possession had already been taken after completion of the joint inventory, no contempt had been...... that no contempt had been committed and the petition is therefore dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161...Category: Property Law | Date: | Hits: 55
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
....r committal of Mujibur Rahman Sikder for contempt of Court for the violation of the terms imposed by this Court in the aforesaid judgment. Though this Criminal Miscellaneous petition was filed some time after July 13, 1982, the date of judgment of the aforesaid appeals, it could not be heard immed...... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ..Category: Constitutional Law | Date: | Hits: 149
Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)
....nd the trial Court held another circumstance to be sufficient corroboration of the confessional statement. It is that black ink-mark was found in the left thumb of the deceased Rahim Farazi at the time of his inquest. This is certainly corroborating evidence, strengthening the confessional s......hat the confession is to amount to proof. Clearly there must be other evidence. The confession is only one element in the consideration of all the facts proved in the case; it can be put into the scale and weighed with the other evidence." In the same light the Su..Category: Criminal Law | Date: | Hits: 63
Kalipada Saha Vs. State, 1985, 14 CLC (AD)
....ance No. VIII of 1982) and section (2) says, that the provisions of this Ordinance shall be in addition to, and not in derogation of, the Drug Act, 1940 (XXIII of 1940), and any, other law for the time being in force shall have effect notwithstanding anything to the contrary in that Act or in an......Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 135. ..Category: Criminal Law | Date: | Hits: 59
Planters (Bangladesh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)
.... 1984. Words and Phrases Nobody can be allowed to take advantage of his own fault. The Defendant no. 2 himself being Managing Director of the Defendant Company and at the same time Director of the Plaintiff Bank and the statement by him before Court of Law about liability of......n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ..Category: Business or Commercial Law | Date: | Hits: 139
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