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Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ...... Judgment Shahabuddin Ahmed CJ.- This appeal by special leave is directed against a decision of the High Court Division dated 14 July 1993 in first Appeal No. 87 of 1986 confirming t..Category: Property Law | Date: | Hits: 69
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
....ction 2 of the NWFP Muslim Personal Law (Shariat) Application Act, 1935, that the rule of decision in the matter of gifts shall be the Muslim Personal Law where the parties are Muslim, there are also legislative trends contained in (i) the Abolition of Occupancy Tenancy by section 3 of the NWFP Tena......suit relating to partition was decreed in preliminary form. 6. In revision a learned Single Judge of the High Court Division again considered Ext. 1 elaborately and after considering several decisions concurred with the lower appellate Court that Ext, 1 confers on the plaintiff the right of..Category: Property Law | Date: | Hits: 146
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
.... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ......laint for a further declaration that the appellants are not the son and daughter of the said Syed Mohammad Azam. The suit is still pending and respondent No. 1 is very much a party to the suit. Any decision taken by respondent No. 1 concerning the order dated 8.8.84 or any conclusion drawn by hi..Category: Property Law | Date: | Hits: 62
Samsun Shipping Corporation Vs. Hossain and Sons and others, 1995, 24 CLC (AD)
....e any relevance to the matter in issue. We do, not find any ground to interfere. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 31 ...... plaintiff, has the obligation to take all precautions to inquire and comply with all the conditions of carriage of goods by Sea. He has however failed to substantiate his submission by citing any decision in this regard. 6. The Charter Party Agreement having not been incorporated or ment..Category: Admiralty Law or Maritime Law | Date: | Hits: 228
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
.... of law is that by applying this doctrine the Government or for that purpose any person cannot be compelled to do something which is prohibited by law or that the promissory estoppel cannot prevent a legislative body from making a law. However, if the Government or a public authority is bound to kee......ase No. 2 of 1987‑88 for extension of Uttara Township was nearing completion the appellant made a representation to the President on 2 October, 1989. The Ministry of Works, respondent No. 1, gave a decision on 27 January 1990 to the effect that the area of land for which respondent No. 2 had given..Category: Property Law | Date: | Hits: 79
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ......s of the parties at length. I am of the view that an order of remand in the facts of the case will be an exercise in futility. 3. The learned Counsel for the appellant has cited a number of decisions of foreign jurisdiction- Federation of Pakistan vs. Lt. Col. Z.A. Mazari 1958 PLD ..Category: Constitutional Law | Date: | Hits: 203
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
....t and order are set aside and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ......984 by bringing certain facts, materials and prayers of a later suit, namely, Title Suit No.23 of 1992 of the 2nd Court of Subordinate Judge, Sylhet. The High Court Division observed that there is no decision in which it has been held that the facts and prayers of a pending suit may be incorporated ..Category: Property Law | Date: | Hits: 59
AKM Mayeedul Islam Vs. Bangladesh Election Commission and others, 1996, 25 CLC (AD)
....ot on the grounds stated in the impugned judgment, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ...... convicted after his election, as provided under section 8 (a) of the Act. This is with reference to the Representation of the People Act of India. 5. The High Court Division opined that a foreign decision is not binding on the High Court Division and it may have only a persuasive value. It relie..Category: Election Law | Date: | Hits: 133
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
....der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ...... Division and obtained leave. In course of the appellate proceedings the plaintiff died and the present appellants were substituted in his place. 8. In terms of the leave granted by this Court the decision of this case turns upon the following two points: (1) Whether a mere plea of title offered ..Category: Tenancy Law | Date: | Hits: 87
Bangladesh Shipping Corporation and other Vs. Rakibuddin Ahmed and others, 1996, 25 CLC (AD)
.... Civil Petition No. 39 of 1994 at the instance of the Government is dismissed as time-barred. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 283, 48 DLR (AD) (1996) 203 ...... 6. The defendant took an appeal, Title Appeal No.223 of 1989, therefrom to the learned District 3 Dhaka. The appeal was heard by the learned Additional District Judge, First Court, who upheld the decision of the trial Court, by the judgment and decree dated February 17, 1991. 7. The unsu..Category: Employment/Service Law | Date: | Hits: 77
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
.... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ......demanding the customs duty on the basis of subsequent SRO in force at the relevant time. The learned Additional Attorney-General mainly submitted that the High Court Division wrongly relied on the decisions of the High Court Division and the Appellate Division in the case of A Hannan 40 DLR 273;..Category: Business or Commercial Law | Date: | Hits: 126
BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)
....sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ...... the same way as text-books are approved or prepared and published by it for schools. 21. Drawing support for his submission, the learned Additional Attorney- General, has referred to some decisions from the Indian jurisdiction and out of them we find particularly one decision quite appr..Category: Intellectual Property Law | Date: | Hits: 279
Arabinda Sarker Vs. Bimalendu Bhowmik and others, 1996, 25 CLC (AD)
....sion dismissed the appeal only on the ground of locus standi without entering into the merit of the case. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 182 ......llowed the application of the petitioner holding that the objector has no locus standi to file the petition of revocation of the will. 5. The learned Judges of the High Court Division affirmed the decision of the District Judge Judgment both on the locus standi of the petitioner and also on merit..Category: Others | Date: | Hits: 99
Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)
....a rehearing of the matter. If a case is permitted on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178.......ess a prayer for review is based on the grounds mentioned in Order XLVII , rule 1 of the Code the Court will not sit on the matter again for rehearing or further hearing which is already concluded by decision even if that be erroneous. It appears that there is no valid ground for interference becaus..Category: Property Law | Date: | Hits: 80
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ......ablishment is binding upon the Taxes Appellate Tribunal and that its newspaper advertisement is unilateral and void. In internal affairs between different Ministries/Divisions, particularly when a decision on a controversy can be given by the higher authority, it is highly improper that writ jur..Category: Constitutional Law | Date: | Hits: 161
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
....ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ......t addressing the Government by letter immediately on receipt of the complaint which was not accompanied by the sanction as required under the proviso to section 6(5) of the Act, referred to number of decisions in support of his case. The learned Advocate submitted that before cognizance the learned ..Category: Anti-Corruption Laws | Date: | Hits: 92
Akhtar Banu Vs. Habibunnessa and others, 1996, 25 CLC (AD)
....o cost. The impugned judgment and order are set aside. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 298, 48 DLR (AD) (1996) 164 ......nt No.4) was finally disposed of by this Division and the records came back to the original Court. The learned Judge has gone wrong in taking the aforesaid view and thus allowed himself to a wrong decision. 9. The general provisions relating to substitution of the legal representatives of..Category: Property Law | Date: | Hits: 70
Abdul Mazid Howlader & another Vs. Lahajuddin Howlader & others, 1996, 25 CLC (AD)
....pplication for pre-emption is disallowed. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 302, 48 DLR (AD) (1996) 160 ......gment of the lower appellate Court is based on total non-consideration of all the six witnesses of the pre-emptee-appellants and when non-consideration of this evidence has materially affected the decision of the case occasioning a miscarriage of justice. 6. The vital and material questio..Category: Property Law | Date: | Hits: 60
Abul Bakar Siddique (Md) Vs. Additional Deputy Commissioner, Kurigam and others, 1996, 25 CLC (AD)
....the impugned judgment and order of the learned Single judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 154 ......nsider the evidence upon which the finding of the trial Court has been based and consequently he entered into a detailed consideration of the evidence on record. 9. The material question for decision was whether there was shifting of Bhadrapara Adarsha Non-Government Primary School from ..Category: Property Law | Date: | Hits: 63
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
.... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ...... case of Compania Maritima Astra, SA vs. Archdalf, known as The “Armar” case, 1954(2) Lloyd’s Rep. 95(101), “... in cases of marine insurance it is highly desirable that our decisions be kept in harmony with those of England, “the great field of this business.”..Category: Business or Commercial Law | Date: | Hits: 151