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ADC (Revenue), Pabna Vs. Md. Abdul Halim Mia, 1996, 25 CLC (AD)
....d and the respondents Execution Case No.5 of 1977 is dismissed as being barred under section 48 CPC. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 126, 48 DLR (AD) (1996) 141 ......of 1980 and the 1st Court of Additional District Judge, Pabna by judgment and order dated 8.8.81 allowed the appeal and again sent back the Miscellaneous Case on remand to the Executing Court for a decision as to whether the objector-appellant was a representative of the judgment-debtors. The le..Category: Civil Law | Date: | Hits: 133
Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
....ivision is set aside and the suit is dismissed. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 130 ...... other utility services such as, installation of new gas, water, sewerage lines. On the above findings the suit was decreed. 5. A learned Single Judge of the High Court Division affirmed the decision of the trial Court both on the question of default and bonafide requirements. 6. Le..Category: Property Law | Date: | Hits: 56
Mahmudul Haque (Md) Vs. Md. Hedayetullah and others, 1996, 25 CLC (AD)
....t jurisdiction in interfering with a parliamentary election process. The appeal is allowed without, however, any order as to costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 128. ......fact the same could not be decided in the writ jurisdiction, particularly, when the Returning Officer had decided the matter in favour of the petitioner, thereby leaving the question of age for decision, on evidence, by the appropriate authority, if and when raised after the poll. It is f..Category: Election Law | Date: | Hits: 129
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....emaining unchanged. In the result the appeal is allowed in part. No Costs. The trial Court’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ...... to grant such maintenance subject of course to considerations of limitation and the relevant circumstances of each case, and we hold accordingly.” 11. Mrs. Rabeya Bhuiyan submits that the above decision of the Lahore High Court, given on the 5th May, 1964, is holding the field for the last 32 ..Category: Family Law | Date: | Hits: 198
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
....vision were just, correct and proper and caused no miscarriage of justice. In the result, therefore, all the appeals are dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 100. ...... inter alia, that as his tender was the lowest he may be given the work order for the supply of 4(four) West German made EMU pumps. On that representation the tender committee cancelled their earlier decision and asked for a fresh local tender by resolution dated 11-6-87. The aforesaid tenderers and..Category: Anti-Corruption Laws | Date: | Hits: 92
AGM, GM Office, Postal Life Insurance Dhaka and another Vs. Sheikh Mizanur Rahman, 1996, 25 CLC (AD)
....udgment and order of the Administrative Tribunal is restored. The appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 97 ......ribunal held that the proceeding against the respondent, though drawn under the Rules of 1976, shall be disposed of under the new Rules of 1984 providing for the time-limit and that since no final decision was taken within the period mentioned therein, or at least from the date of coming into fo..Category: Administrative Law | Date: | Hits: 122
Tafazal Ahmed Contractor Vs. Abdur Rahim and others, 1996, 25 CLC (AD)
....rred in law in affirming the judgment and decree of the lower appellate Court. In the result, the appeal is dismissed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 94. ...... 13. In the present case it does not appear that Begumjan and the plaintiff entering into the subsequent transaction were varying or contradicting the terms of the deed of mortgage Ext. 2. Hence the decisions cited by Mr. Khandker Mahbubuddin Ahmed, namely, Mohammad Ahmed Saeed Khan Vs. Kishori Lal..Category: Property Law | Date: | Hits: 63
Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)
...., therefore, the appeal is allowed without any order as to cost and the impugned judgment and order are set aside. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 141, 48 DLR (AD) (1996) 90 ......Taka 1098.00 with the Controller had made the appellant a defaulter, the deposit made being not complete and valid. In this connection he has drawn our attention to section 9 of the Ordinance and the decision of this Division referred to above which was considered by the learned Judge of the High Co..Category: Tenancy Law | Date: | Hits: 82
Shamsul Islam & others Vs. Badiar Zaman alias Bablu and another, 1996, 25 CLC (AD)
....s of consanguinity from the donor. Hence the contention of Mr. Fazlul Karim cannot be accepted. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 88 ...... that the degree of consanguinity is to be computed under section 28 of the Succession Act, 1925 read with schedule 1 thereof. In support of his contention Mr. Karim has referred to a Single Bench decision of the Dhaka High Court in the case of Tamizunnessa vs. Usnar All reported in 18 DLR 572 w..Category: Property Law | Date: | Hits: 56
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
.... of the learned Single Company Judge, if so advised. The appeal is therefore allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 82 ......vision in Company Appeal No. 1 of 1993). Judgment: Mustafa Kamal J: This appeal by leave raises a point of law of public importance, namely, whether a decision of a Single Company Judge under section 38 of the Companies Act, 1913 (rectification of sh..Category: Business or Commercial Law | Date: | Hits: 118
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
....law-making is performed by the President in certain circumstances under the Constitution. The judiciary which performs its function in a different sphere has got no say in the matter of exercise of legislative powers before the enactment of any law or rule. Legislative policy of the State is not ......lise 22 non-government colleges with effect from 7 May, 1979 among which Bhola College was one and it got the approval of the President for such nationalisation. In pursuance of the said Government decision the governing body of the Bhola College caused transfer of the college to the Government a..Category: Constitutional Law | Date: | Hits: 174
Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)
....nt and hearing respondent No. 1 and the appellant afresh. The other parts of the Tribunal’s order will remain and not be reopened. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 71. ......absolutely wrong to say that his case was rejected on 30-6-90; that the claim of respondent No. 1 was time-barred and the Administrative Tribunal could neither have admitted his application nor could decision be given in violation of the specific provisions of the statute. 5. Administrative Trib..Category: Administrative Law | Date: | Hits: 167
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ......284 and whether he erred in law in deciding the case on a wrong interpretation of section 23 of the Contract Act, matters which are of great public importance. 6. The moot question for decision in this appeal is, whether the two kabalas executed by the appellant and registered in fa..Category: Property Law | Date: | Hits: 72
Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 1996, 25 CLC (AD)
....ide the order of termination on merit has been upheld upto the High Court Division. As a result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 62. ......assed by the High Court Division in Civil Revision No. 3663 of 1991). Judgment Md. Abdur Rouf J.- This appeal by the Managing Director of Rupali Bank defendant No. 1 by leave, is against the decision of the High Court Division, in Civil Revision No. 3663 of 1991, discharging the Rule on 27 ..Category: Labour and Industrial Law | Date: | Hits: 152
Mostafa Kamal (Md) Vs. First Court of Settlement and others, 1996, 25 CLC (AD)
....no illegality in the impugned judgment and order of the High Court Division. The petition is, therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 61 ......ement acted illegally in refusing to release the property from the list of abandoned property and, as such, the learned Judges of the High Court Division fell into an error in upholding such wrong decision of the Court of Settlement by the Impugned judgment and order. 4. The Court of Set..Category: Property Law | Date: | Hits: 48
Muzaffar Hossain Vs. Md. Humayun Kabir and others , 1996, 25 CLC (AD)
....d Judge rightly set aside the judgment and order of the Election Appellate Tribunal. The petition is, therefore dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 59 ......Advocate on Record appearing on behalf of the petitioner, has submitted that the learned Judge of the High Court Division has committed an error of law in making the Rule absolute relying upon the decision of this Division in the case of Md. Shajahan vs. Md. Sadeq and another reported in 38 DLR ..Category: Others | Date: | Hits: 98
Moinuddin (Md) Vs. Bangladesh, 1996, 25 CLC (AD)
....he petitioner. Thus the impugned judgment and order warrant no interference. The petition is ,therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 56 ......ction to decide as to whether any property is abandoned property or not and that the said Court in exercise of its exclusive jurisdiction and in consideration of the materials on record gave their decision that the property in question had wrongly been enlisted as an abandoned property. Mr. Khan..Category: Property Law | Date: | Hits: 58
Yusuf A Hassan Vs. KM Rezaul Firdous, 1996, 25 CLC (AD)
....of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ......n direct the taking of cognizance.” 9. The aforesaid cited case in 35 DLR 140 was appealed against in the Appellate Division (Abdus. Salam Master vs. State, 36 DLR (AD) 58) and the decision of the High Court Division reported in 35 DLR 140 was affirmed, but the aforesaid observa..Category: Criminal Law | Date: | Hits: 60
W B Industrial Corporation Ltd. and others Vs. Deen Mohammad Rana and another, 1996, 25 CLC (AD)
.... place it before us. They have failed to assail the above findings of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ......in the trial Court or in the High Court Division to support respondent No. l’s application for rejection of the plaint. 7. It is submitted that the impugned judgment is contrary to the decision of the Appellate Division in Nur Mohammad and others vs. Moulvi Mainuddin Ahmed & othe..Category: Business or Commercial Law | Date: | Hits: 107
A K Mohammad Idris Vs. Bangladesh Krishi Bank and Others, 1996, 25 CLC (AD)
....e Appellate Tribunal are set aside and those of the Administrative Tribunal are restored. The appeal is allowed with cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 48 ......benefits, but because of his pecuniary difficulties he prayed for an advance of Taka (one) lac from his future pension entitlement and that the advance could be adjusted later at the time of final decision as to pension. The Bank by its before letter dated 8th September 1987 rejected the appella..Category: Employment/Service Law | Date: | Hits: 150
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