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Sukumar Sen & Others Vs. Gouranga Bejoy Dey & Others, 1989, 18 CLC (AD)
....s including respondents 6-8 (defendants 7-9) who are said to have attained majority already. There will be no order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ......g with the natural guardian and perusal of the record that the minor respondents had no subsisting interest in the suit property and as such there was no necessity of contesting the appeal and though appointment of court guardian for the minor defendants under Order XXXII, rule 3 of the Code of Civi..Category: Property Law | Date: | Hits: 85
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
....ondent No. 1 and respondent Nos. 8 and 9 submitted papers for election to the Office of Chairman of the aforesaid Union Parishad held on 10. 2. 88. Respondent No. 1 was the sitting Chairman at that time. On the date of scrutiny on 11.1.88 he filed an application for cancellation of the nomination ...... result, therefore, the appeal is allowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ..Category: Election Law | Date: | Hits: 130
Sk. A.K.M. Abdul Mannan Vs. M/s. Raj Textile Mills Ltd., 1988, 17 CLC (AD)
....rned Counsel for the petitioner has failed to show us any provision of law under which this Court is empowered to make order for transfer as prayed for, but he has referred to a case which was some time ago transferred by us from a court situated within the territorial jurisdiction of one perman......er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ..Category: Procedural Law | Date: | Hits: 110
Ashraf Ali Mondal & Others Vs. State, 1987, 16 CLC (AD)
....rtem report annexed, it appears that the doctor gave the opinion that death of the deceased was not due to the injuries stated above but due to heart failure, old age and anaemia. It is not the time to make any comment as to the post mortem report. This will be considered after the doctor take......sain be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08...Category: Criminal Law | Date: | Hits: 63
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....rder by sowing ‘kaun’ in the land and after two months appellant went to plough the land to destroy the crop. Right of private defence of property will not be available to the appellant as he had time to have recourse to the protection of public authorities for violation of the order of injuncti......s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ..Category: Criminal Law | Date: | Hits: 105
Sultan Ahmed & Others Vs. Akhtaruzzaman & Others 1989, 18 CLC (AD)
....isition and Tenancy Act. The application for pre-emption is, therefore, liable to be dismissed, as has been rightly held by the Appellate Court. This omission was pointed out at the earliest point of time but the omission was not supplied. In the circumstances, the impugned order of the High Court D......t, the appeal is allowed. The order for pre-emption is set aside and the Miscellaneous case is dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ..Category: Property Law | Date: | Hits: 36
....ties propounding the principle underlying the Rule.
2. Facts are that the plaintiff-respondent, who is the contiguous owner of a land to that of Respondent School Committee, instituted a suit sometime in 1965 praying for permanent injunction against the defendants from raising structures and dis......avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 133...
Category: Property Law | Date: | Hits: 36
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....ion of the letter was to the following effect: “Any person, who is unwilling to be considered for promotion should inform the Public Service Commission of such unwillingness without any loss of time.” The respondent without loss of time, appeared before the Public Service Commission and w......ars from Annexure ‘A’ to the petition filed before the High Court Division that the respondent appeared for interview before the East Pakistan Public Service Commission which selected him for appointment to the East Pakistan Civil Service (Executive Class II). Then he was appointed temporari..Category: Employment/Service Law | Date: | Hits: 66
Unimarine S. A. Panama Vs. Bangladesh, 1977, 6 CLC (AD)
....he whole or any part of his property; (b) is about to remove the whole or any part of his property from the local limits of the jurisdiction of the Court, the Court may direct the defendant, within a time to be fixed by it, either to furnish security in such sum as may be specified in order or t......of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
P.W.V. Rowe Vs. Chairman Labour Court, Chittagong, 1977, 6 CLC (AD)
.... his appointment can continue in service thereafter. Where, therefore, a standing order provides that a workman would lose his lien on his appointment, if he does not join his duty within certain time after his leave expires, it can only mean that his service stands automatically terminated when......by the Company and then the Company by a letter dated 9.2.76 informed her that, on account of her failure to report to duty within 10 days from the expiry of the leave, she had lost her lien to her appointment under, section 5(3) of the Employment of Labour (Standing Orders) Act, 1965. Thereafter ..Category: Labour and Industrial Law | Date: | Hits: 77
Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)
....ontract for transfer. It was held that the third point was answered while discussing the first point, and on the fourth point it was held that the Courts below came to a correct decision and that the time was not the essence of contract. On the fifth question it was observed that the failure to prov...... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ..Category: Property Law | Date: | Hits: 32
Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)
....e Sessions for trial. The respondents pleaded not guilty to the charge and their case as appeared from the trend of the cross-examination was that the occurrence did not take place at the place and time and in the manner alleged by the prosecution and they have been falsely implicated out of enmit......i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101...Category: Criminal Law | Date: | Hits: 39
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
.... or within four months, the order of the learned Judges of the High Court Division allowing pre-preempted so pre-empt in full depositing the balance amount of the consideration within the specified time is in accordance with law. 5. For proper appreciation of the question relevant sub-sectio......of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....the retention cargo and on the plea of serious engine trouble returned back to Mongla instead of going direct to Roosevelt Jetty knowing fully well that there was no repair facility at Mongla. This time they made frantic attempt to dispose of the so-called retention cargo and for this purpose they......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ..Category: Criminal Law | Date: | Hits: 95
....1-74. It was stated in the Petition that the First Screening Board summoned the Inspector, District Anti-Corruption Bureau to appear before it on 28-11-74 who appeared before the Board and prayed for time. It was further stated that the First Screening Board also directed Mr. N.H. Majumdar, an Enqui......Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
..
Category: Employment/Service Law | Date: | Hits: 72
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
....ently criticised the fundamental principles of the Government of Bangladesh established by law. 2. After the prescribed period under the law, this matter was placed before the Advisory Board from time to time, and the Board expressed its opinion that his detention was necessary and on the last o...... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ..Category: Constitutional Law | Date: | Hits: 408
Bangladesh Vs. Moslem Mia, 1978, 7 CLC (AD)
....al payment in Arbitration Case No.158 of 1967. The then province of East Pakistan preferred an appeal being F.A.T. No.311 of 1970 against the said award on March 16, 1970 before the High Court out of time by 56 days. A petition for condonation of delay was filed explaining how the petitioner was p......hereafter the requiring body sent papers direct to the Assistant Government pleader, High Court on February 12, 1970 with instruction to file the appeal. It took some time for settling the terms of appointment and ultimately the case record was sent to the Legal Remembrancer's office on March 10..Category: Procedural Law | Date: | Hits: 101
....ncome Tax Officer, Sylhet, of the 1st April, 1952, his capital, which he had brought from Shillong, India to Sylhet was shown as Rs. 5,00,000/- only. He explained that he had been giving money from time to time to his wives and children who were in West Pakistan and East Pakistan and the sums with......the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 48. ..
Category: Fiscal/Taxation Law | Date: | Hits: 78
Enamul Huq and another Vs. State, 2006, 35 CLC (AD)
.... that on 20.12.1984 at about 12.00 noon. P.W.2 Maksudur Rahman and deceased Shahjahan @ Shanu were talking with ach other to the east of the tube well in the field of Keshabpur High School. At that time accused Enamul Haq, Rezaul, Waliullah @ Wali and Mizanur Rahman came from behind and accused ...... 16. In view of the discussion above, we are of view that the High Court Division was well justified in dismissing the appeal. Accordingly, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 43
Md. Mohirruddin Vs. Md. Nazir Hossain Patwary & others, 2006, 35 CLC (AD)
....al allegations made in the Misc. petition and contended that the case is barred by limitation. The pre-emptee farther stated that the requisite deposit along with compensation was not made within time. So the pre-emption case is liable to be dismissed. 5. The trial court upon considerati......e find that the view taken by the High Court Division is a correct one. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 420. ..Category: Property Law | Date: | Hits: 35
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