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Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)
....17 Order 6, rule 17 of the Code of Civil Procedure provides for allowing amendment "for determining the real question in controversy between the parties." In this case the amendment will be within time, inasmuch as the pre-emption petition was within time……………(11) Cases Referred to- ......result, therefore, these appeals are alÂlowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ..Category: Procedural Law | Date: | Hits: 84
Abdul Mannan TalukÂder Vs. BD House BuilÂding Finance CorporaÂtion and another, 1989, 18 CLC (AD)
.... Division, Dhaka passed in Writ Petition No. 1632 of 1988, filed by responÂdent No.1, the Bangladesh House Building Finance Corporation. 2. The appellant, a Supervisor, was posted at the relevant time at the Head Office of the CorporaÂtion in Dhaka and he was the organizing secretary of the Kar......nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ..Category: Labour and Industrial Law | Date: | Hits: 111
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....ourt but having concurred with the finding that the service of the old notice unÂder section 5(1a) along with that under sub-section (3) of the Act on 23.4.73 upon the plaintiffs giving only 7 days' time to file objection was not valid and legal, held that the Notification dated 25.6.73 under secti......the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ..Category: Property Law | Date: | Hits: 38
Ahsan Sarfun Nur @ Mukul others Vs. Nurul Islam Sarder and another, 1989, 18 CLC (AD)
....endment till date of the aforesaid rule. This rule has been in force since the days of the Dhaka High Court. It is strange that the rule escaped the notice of all conÂcerned on two occasions, at the time of issuing the rule and then at the final hearing of the matter. Had the appellants been presen......ugned judgment and order are set aside. Let Criminal Revision No. 180 of 1986 be heard and disposed of afresh in accordance with rules. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 90. ..Category: Criminal Law | Date: | Hits: 40
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....te order refusing to interfere with the impugned notification. It appears that there is not a shred of paper to show that the government ever took possession of the house as abandoned property at any time and as to actual possession, the respondents have not brought any material to controvert the cl......nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ..Category: Property Law | Date: | Hits: 54
Aftabuddin Vs. Mahfuzus Sobhan & ors., 1990, 19 CLC (AD)
....zumder entered into the suit premises allegedly without the consent of the District Judge or the Law DepartÂment and even without any allotment from the DisÂtrict Accommodation Board. At about this time in April, 1979 Mr. Pervez Mazumder was transferred. The District Judge informed the Deputy Comm......ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ..Category: Property Law | Date: | Hits: 30
Ziaul Huq and ors. Vs. Messers Business ReÂsources Ltd. & ors., 1989, 18 CLC (AD)
....proposed manner makes it a commercial purÂpose other than the public purpose for which it was acquired. Hence it is contended that it will consume some lime to adjudicate the matter and in the meanÂtime ad interim prayer for injunction restraining the defendants from construction calls for anxious......pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is disÂmissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ..Category: Civil Law | Date: | Hits: 130
Reazul Hoque Molla Vs. Afizullah Mollah @ Shafiuddin Molla & others, 1989, 18 CLC (AD)
....e decree which was regisÂtered as Miscellaneous Case No.23 of 1983. It was alleged that the summons was not served upon the appellant and that he came to know about the ex parte decree for the first time on 10.2.83. 3. Plaintiff-respondent contested the miscellaÂneous case asserting that the su......the submission made by the learned AdvoÂcate for the appellant. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 74...Category: Procedural Law | Date: | Hits: 88
Shah Alam Mollah (Md) Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & others, 1989, 18 CLC (AD)
....l 31, 1989. Result: The Appeal is dismissed. The Local Government (Union Parishads) Election Rules, Rules 38-43 The appellant is not entitled to raise the question of repoll for the first time before the Appellate Division. Even if the question was raised before the High Court Division o......pellant. In any view of the matter, there is no merit in this appeal which is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 73. ..Category: Election Law | Date: | Hits: 125
Moslema Khatun and others Vs. Ishaque (Md) and others, 1989, 18 CLC (AD)
.... order sheet that defendant Nos. 6 and 8-11 also objectÂed to the local inspection but the learned Assistant Judge by his order dated 17.11.86 directed that the objection, would be considered at the time of trial and in the meantime the work of the Commission be completed. Now that the Advocate Com......ns taken or to be taken by the parties including defendant No. 5. The appeal is accordÂingly disposed of without any order as to Cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 72. ..Category: Procedural Law | Date: | Hits: 94
Nurul Islam (Md) Vs. Election CommisÂsion & others, 1989, 18 CLC (AD)
....t he had asserted before the High Court DiÂvision. His case is that the election could not be held in Rajanagar Primary School centre; that as there was serious obstructions and interruptions at the time of the election the Presiding Officer adjourned the poll under Rule 29 of the Election Rules an......gment and order of the High Court Division, passed in Writ Petition No. 1120 of 1988, is set aside and the writ is re-called. No costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 71. ..Category: Election Law | Date: | Hits: 114
Republic of Pakistan (Now Bangladesh) Vs. A.N.M. Serajul Haque, 1989, 18 CLC (AD)
....sion without taking into consideration effect of Exhibit A. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ......laintiff on the ground of his being "reputed to be dishonest". The plaintiffs appealed before the Central Government and it was dismissed. The learned Additional Attorney General placed before us the appointment letter of the plainÂtiff. Then he placed Exhibit A which reads as follows:- "To ..Category: Employment/Service Law | Date: | Hits: 80
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
.... The Limitation Act, 1908 (IX of 1908), section 13 and Article 113 No date having been fixed for performance of the contract, the second part of column 3 of Article 113 will apply to the case i.e. time will begin to run when the plaintiff has notice that performance is refused. The suit having be......urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed withÂout any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ..Category: Procedural Law | Date: | Hits: 132
Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)
.... 4.1.54 and 5.1.54 by which .2125 ajut land out of C.S. Plot No. 17 was obtained by defendant 1 and defendant 2, the latter being the younger brother of the former and allegedly minor at the relevant time. This contention has been negaÂtived concurrently by the trial Court and the High Court Divisi......bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ..Category: Property Law | Date: | Hits: 32
Sayesta Bibi and others Vs. Juma Sha and others, 1989, 18 CLC (AD)
....of 1893), section 4 The suit property never lost its character of an undivided homestead because there had admittedly been no partition by metes and bounds by any previous arrangement. There is no time limit for filing an application under section 4 of the Partition Act. The defendant's claim of ......permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is disÂmissed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ..Category: Property Law | Date: | Hits: 45
State Vs. Arman Ali and Others, 1987, 16 CLC (AD)
....een called away from his house were not uniform in their testimony and the fact that the G.D. Entry was made in the afternoon on the following day, although Motahar had been missing since Esha Prayer time in the night before, raises a doubt as to whether P.W. 1 and others had at all seen the responÂ......ner perverse or totally unsustainable. The impugned order does not, therefore, call for any inferÂence. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ..Category: Criminal Law | Date: | Hits: 43
Khaleda Roushan Ara Vs. Nurul Huq (Md.), 1990, 19 CLC (AD)
....on to Dr. Saiful Islam, the doctor who gave the medical certificate, to appear before the Court and prove the medical certifiÂcate. On the same day i.e. 13.9.1983 another appliÂcation was filed for time on the ground that Dr. SaiÂful Islam, a Government employee, had net been granted leave by his......dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ..Category: Property Law | Date: | Hits: 38
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
....n is shaken by the dubiÂous nature of the escort. 11. Further evidence of P.Ws. 1, 4 and 5 is that they stood on the eastern end of the Bhanga while Siraj was crossing the Bhanga and at that very time they first heard the cry of Siraj "Oh. Brother Shah Alam, Oh. Brother Shamsu, why are you killÂ...... doubt. In the result, therefore, I would dismiss this apÂpeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ..Category: Criminal Law | Date: | Hits: 52
Liakat Ali alias Liakat Ali (Md.) Vs. State, 1990, 19 CLC (AD)
....of any sanction by the Government under section 6 of the Criminal Law Amendment Act, 1958. 2. The appellant was Jute Extension Assistant in the Jute Extension Office at Joypurhat at the releÂvant time. He was prosecuted and then tried on the charge of misappropriation of Tk. 3,344.65. On conÂcl......ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ..Category: Criminal Law | Date: | Hits: 41
Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)
....tted that upon the facts found and proved in the case the conviction for an ofÂfence of theft is not legally sustainable. He has furÂther submitted that as there was no dishonest intenÂtion at the time of receiving the money at the counter of the Bank the subsequent conduct of the appellant in de......t to the alteration of the conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ..Category: Criminal Law | Date: | Hits: 44
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