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Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)
....o prove that the summons was duly served upon the defendant is on the plaintiff. In this case this onus is found to have been fully discharged as the process server submitted the report, along with a declaration, that he has served the summons by hanging it on the gale of the defendant when the latt......trial Court are set aside and the application under OrÂder IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ......trial Court are set aside and the application under OrÂder IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ..Category: Procedural Law | Date: | Hits: 89
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
....ion, Dhaka (Mr. Justice Ranadhir Sen and Mr. Justice Aminur Rahman Khan) on 12th April 1982. 2. Plaintiff- respondent filed Title Suit No. 95 of 1965 in the Subordinate Judge, 3rd Court, Dhaka for declaration that the assessment of rent under the provisions of the State Acquisition and Tenancy Ac...... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ...... Case is also Reported in: 40 DLR (AD) (1988) 189 ..Category: Property Law | Date: | Hits: 47
Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)
.... the judgment and decree of the lower appellate court deÂcreeing the suit being O.C. Suit No. 6 of 1970 of the Second Court of Munsif, Feni. 2. Plaintiff-respondent brought the aforesaid suit for declaration of title to the suit land alleging that the suit land originally belonged to one Samad A......ithout any order as to cost. The judgment and deÂcree passed by the Subordinate Judge are set aside and those of the Munsif restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 175. ......hatun & others..................Appellants Vs. Nur Ahmed Majumder & others..................Respondents Judgment July 1, 1987. Result: The appeal is allowed. The Constitution of Bangladesh, 1972. Articles 103(3) & 104. The lower appellate court and the learned Judge of the Hi..Category: Property Law | Date: | Hits: 43
....€˜B’ to the writ petition) has been passed without lawful authority and is of no legal efÂfect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
......€˜B’ to the writ petition) has been passed without lawful authority and is of no legal efÂfect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
......the local Awami League, has been involved in political and social works for a long time, was elected member of the Provincial Assembly in 1970 and of the ConstitÂuent Assembly after the emergence of Bangladesh, For his personal safety he needed a firearm and obÂtained a license for a revolver from..
Category: Criminal Law | Date: | Hits: 88
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....(a) and (b) of sub-section (1) unless the prescribed Authority declares with the prior apÂproval of the Government, by an order, that he is liÂable to be so removed. But it is provided that no such declaration shall be made unless the Chairman or Commissioner concerned has been given a reasonÂabl......the prinÂciple audi alteram partem must apply". 28. The legislature enacted the statute setting up the local Government institutions and to quote the Privy Council "with a considerable measure of independence from the central government within deÂfined local areas and fields of Government." Suc......is Case is also Reported in: 40 DLR (AD) (1988) 154. ..Category: Election Law | Date: | Hits: 118
Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)
....peal No. 322 of 1964.) Judgment MH Rahman J.- Appellants along with respondent No. 9 instituted in representative capacity O.C. Suit No. 244 of 1958 in the 1st Court of Munsif, Kishoregonj for declaration of their right of way, right of drainage and right of pasturage on the basis of a lost g......s do not call for any modification by way of allowing the plainÂtiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ......s do not call for any modification by way of allowing the plainÂtiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ..Category: Civil Law | Date: | Hits: 113
Karatala Lakshmi Bihar Vs. Hriday Ranjan Chowdhury & others, 1988, 17 CLC (AD)
....f 1983. 2. Leave was granted to consider whether the Buddhists in Bangladesh are governed by the Hindu Law in mailers of succession. 3. Facts are as follows: - Plaintiff instituted the suit for declaration of title and confirmation of possession in the suit land alternatively for recovery of p......s no controversy and no body had alleged anything to the contrary. The point rests there. The appeal is therefore, dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 137 ..................................Appellant Vs. Hriday Ranjan Chowdhury & ors...................Respondent Judgment November 11, 1987. Leave was granted to consider whether the Buddhists in Bangladesh are governed by the Hindu Law in matters of succession. The plaintiff and the defe..Category: Property Law | Date: | Hits: 32
Government of BanglaÂdesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....Dhaka was neither a notorious fact nor a matter of common knowledge. He did not renounce his Pakistani citizenship to the knowledge of any Bangladeshi authority at home or abroad. He did not sign any declaration of allegiance to BanÂgladesh. He did not apply for any Bangladeshi citizenship or passp......Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ...... Government of BanglaÂdesh.................Appellant Vs. Mirza Shahab Ispahani.... ...................Respondent Judgment July 27, 1987. Result: The appeal is dismissed. The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (President's Order No. ..Category: Immigration and Citizenship Law | Date: | Hits: 214
The State Vs. Madhu Mirdha, 1988, 17 CLC (AD)
....er of the High Court Division is set aside and it is directed that the trial be held according to the amended provision of Criminal P.C. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 99 ......er of the High Court Division is set aside and it is directed that the trial be held according to the amended provision of Criminal P.C. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 99 ......of the petitioner it is contended that extension of time in this case is not applicable and the instant case was not pending on 8.8.83 when the Ordinance No. XXXVII of 1983 was published in the Bangladesh Gazette. It is furÂther contended that sub-section (4) of section 339 C is applicable ..Category: Criminal Law | Date: | Hits: 60
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
....hief Justice. Order of the Court. By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 89 ......hief Justice. Order of the Court. By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 89 ......88) 89 ..Category: Tenancy Law | Date: | Hits: 109
Bangladesh and others Vs. Dhaka Lodge Welfare Society, 1988, 17 CLC (AD)
....n of the plaintiff's society. Trouble started when the Government was given the permissive uses of the premises and since the title of the plaintiff was in question the plaintiff brought the suit for declaration in April, 1978 being Title Suit No.193 of 1978 in the Court of 3rd Munsif and further an......hese evidence as additional evidence which will enable the plaintiff to give challenge 10 the claim. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 86 ......This Case is also Reported in: 40 DLR (AD) (1988) 86 ..Category: Property Law | Date: | Hits: 39
Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)
....sion No. 720 of 1984 reversing the concurrent judgment of the Munsif, 4th Court, Narayanganj and of the Subordinate Judge, 3rd Court, Dhaka. 2. Respondent filed Title Suit No. 355 of 1976 for mere declaration of his title to the suit land and by subsequent amendment of the plaint he prayed for pe......f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149.......f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149...Category: Property Law | Date: | Hits: 118
....hipping Corporation itself, and also against respondent No.4, a bidder and dealer in Iron scraps and stocks. The appellant is also a bidder and dealer in iron scraps, and stock. He filed the suit for declaration that he is the "rightful purchaser of a vessel of the Shipping Corporation named M.V. Ba...... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
......vision
(Civil)
Present:
Badrul Haider Chowdhury J
Shahabuddin Ahmed J
MH Rahman J
ATM Afzal J
Mozher Sawdagar ................Appellant
vs.
M.Zahirul Alam, General Manager, Bangladesh Shipping Corporation and others…....Respondents
Judgment
August 24, 1987.
Wor..
Category: Business or Commercial Law | Date: | Hits: 95
Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
....e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ......e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ......man J A.T.M. Afzal J Amirul Islam......................................Appellants Vs. The Secretary, Ministry of Land Administration & Land Reforms, Government of the People's Republic of Bangladesh & ors………………….Respondents. Judgment August 25th 1987. The General ..Category: Property Law | Date: | Hits: 49
Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
....ion and as such his service was governed by the Corporation's Employees Service Rules. The order of his dismissal as a worker under the Labour law was illegal and void. In his plaint he sought for a declaration that the order of dismissal was invalid. 4. The suit was contested by the defendant, ...... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ......rker and that he is not an employee of the Corporation whose Service Rules are not applicable to his case, the suit is not maintainable. Cases Referred to- Jogesh Chandra Datta v. Government of Bangladesh. 30 DLR 219, New Dhaka Industries Ltd.Vs. Quamrul Huda and others, 31 DLR(AD) 234 and Mot..Category: Labour and Industrial Law | Date: | Hits: 122
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ......al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ..............................Appellants Vs. Asim Kumar Bose and others ........................................Respondents Judgment April 10, 1984. Result: The appeal is allowed. The Bangladesh (Vesting of Property and Assets) Order, 1972 (P.O. No.29 of 1972), article 2 (1). The ..Category: Property Law | Date: | Hits: 47
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
..... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ....... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ......n ............................Appellant Vs. Sikder Md. Faruque and another........... Respondents Judgment June 29, 1987. Result: The appeal is dismissed. (i) The Constitution of Bangladesh, 1972, Article 102 There is no room to entertain any doubt as to the maintainability o..Category: Election Law | Date: | Hits: 132
The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
....ning away from the place of occurrence with daggers in their hands; evidence of P.Ws. 1 and 4 who heard from the injured person the names of his assailants, namely, these accused persons; and a dying declaration of the injured person recorded by P.W. 9, medical officer of the Mills, soon after the i......der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ......der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ..Category: Criminal Law | Date: | Hits: 62
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
....aintiff from the suit land. Defendant No.1 has no right, title and interest in the suit land. Having failed to obtain the land amicably on demand the plaintiff was constrained to file this suit for declaration of title and khas possessions. 3. Defendant-1 Appellant contested the suit by f...... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ...... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ..Category: Property Law | Date: | Hits: 44
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....ed in the judgment by my learned brother MH Rahman J. 2. Facts are simple. Plaintiff is the appeÂllant. He filed the suit being Title Suit No. 264 of 1977 in the Court of Munsif, Chandpur, for a declaration that the proceeding of E. P. Case No. 255 of 1972-73 was illegal, void and collusive and......H Rahman J. Order of the Court By a majority decision the appeal is dismisÂsed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ......o prove his assertion that at the time of the execution of the deed of gift Surendra's sons, the executants, were residing in an enemy country. In this regard reliance is placed on Abul Khair Mia vs. Bangladesh and others 32 DLR (AD) 29. 37. In that case the dispute turned on the question whethe..Category: Procedural Law | Date: | Hits: 115
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