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Cantonment Board Dhaka and another Vs. Sayeda Rahat Ara Quamrun Nahar and another, 1998, 27 CLC (AD)
....which allowed the appeal and decreed the suit. The Cantonment Board, Dhaka preferred a petition for leave to appeal therefrom without any success. The Appellate Division allowed three months’ time for restoration of possession of the house to Syed Sulaiman Ashraf. In pursuance thereof he we......sion. This petition is otherwise barred by limitation. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 124. ..Category: Property Law | Date: | Hits: 74
Altaf Hossain Vs. State, 1997, 26 CLC (AD)
....e defence examined 2 witnesses. 6. The defence case which emerged Out of the cross-examination of PWs and the evidence of DWs is that the deceased Hyder Ali did not die at the place, time and in the manner alleged by the prosecution, deceased Hyder Ali was a dacoit and he might hav......nd order are set aside. Let the appellant be released forthwith if not wanted in any other case. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ..Category: Criminal Law | Date: | Hits: 104
Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)
....y notice under section 106 of the TP Act and that he did not execute any agreement of tenancy on April 14, 1985, for the last 30 years he has been running his business in the suit shop room since the time of the plaintiff’s vendor, Jagadish Chandra Saha Roy. The plaintiff intended to construct a p...... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ..Category: Tenancy Law | Date: | Hits: 93
Vice Chairman, Export-Promotion Bureau and Govt. of BD Vs.
....t lawful authority. 2. CPLA No. 606 of 1997 has been presented by the Vice-Chairman, Export Promotion Bureau. CPLA No. 614 of 1997 is by the Government of Bangladesh, but it is out of time 81 days and no satisfactory explanation has been offered for the delay. 3. Acqua ......ification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 117
Atiqullah (Md) Vs. Sanawara Begum and others, 1998, 27 CLC (AD)
....n 25 of the Small Cause Courts Act for setting aside the decree of the Small Cause Court Judge (Senior Assistant Judge, Third Court), Dhaka for his eviction in SCC Suit No. 8 of 1994. It is out of time by 17 days. As the petitioners have explained the delay satisfactorily we condone the delay.&n......ance in the contention of the learned Counsel for the petitioner. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 112. ..Category: Property Law | Date: | Hits: 69
Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)
.... room and talking to the two foreigner appellants and acquitted accused Md. Abu Taher Miah. The latter went to the immigration counter with the passports of the two foreigner-appellants. After sometime, acquitted accused, Abu Taher came back and told the appellant Airport Manager that the Immigr......ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ..Category: Criminal Law | Date: | Hits: 130
Subash Chandra Das & ors Vs. Bangladesh, 1994, 23 CLC (AD)
....one, section 12 was rightly invoked by the high Court division and its decision ought to have been upheld in the appeal. Mr. Pal finally submits that the beneficial purpose of section 12 limiting the time for completion of the acquisition proceeding by making payment of compensation which was not th......in that behalf to determine as to whether the proceeding stood abated under section 12. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106...Category: Property Law | Date: | Hits: 89
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
.... immediately intimating respondent Nos. 1-2 about the incident though immediate intimation to the insurer was a condition of the policy and respondents No. 1-2 received the intimation for the first time on 23-5-91: that the destruction of the alleged damaged cartons under instruction of the Publ......e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ..Category: Business or Commercial Law | Date: | Hits: 147
Shahabuddin (Md) & others Vs. Habibur Rahman and others, 1996, 25 CLC (AD)
....II rule 11 The question of limitation being a question to be decided on examination of evidence and documents and also considering the relevant law in view of the reliefs prayed for, at the time of trial, the plaint of the suit cannot be rejected as prayed for. ………&he......he reliefs prayed in the suit, the plaint cannot be rejected as prayed for. This petition is, accordingly, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 99. ..Category: Property Law | Date: | Hits: 52
Fatema Bibi Vs. Sree Manik. Lal Somaddar & others, 1995, 24 CLC (AD)
....e Manik Lal Somaddar and Parimal Chandra Somadder by kabala dated 6-2-89. No notice of the said sale was served upon the Pre-emptor and she having come to know of the sale on 21-8-89 for the first time from one Md Harun Khan filed the case for pre-emption on 30-9-89. 3. The case of pre-......ity of the application for pre-emption the same calls for no interference. These petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 97. ..Category: Property Law | Date: | Hits: 51
Golam Moula and others Vs. Gourpada Das and others, 1997, 26 CLC (AD)
....earned Additional District Judge, Jessore, however, found that the parts was not executed by Pagal Rishi and it was never acted upon and that the plaintiffs had never possessed the suit land at any time within a period of 12 years of filing of the suit while the defendants had been in possession ......ts. We find no reason to interfere judgment of the High Court Division. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 95. ..Category: Property Law | Date: | Hits: 49
Bangladesh Vs. Chairman, Court of Settlement and others, 1997, 26 CLC (AD)
.... to the said respondents by a registered deed of sale in 1979 for Tk. 20,000.00 and put the respondents in possession of the house. The said respondents are residing in the house since the time of their purchase. The case property is not an abandoned property and wrongly listed in &ldquo...... already determined by a Court of law. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 93. ..Category: Property Law | Date: | Hits: 58
Universal Pharmaceutical Ltd. and another Vs. Social Marketing Company, 1997, 26 CLC (AD)
....ction 73 The Code of Civil Procedure, 1908 (V of 1908) Order XXXIX, Rule 1 Interlocutory orders are based on prima facie findings upon the materials produced before the Courts at the time of hearing of such matters and upon satisfaction of the Court that the plaintiff has been able......ts copyright. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 92. ..Category: Intellectual Property Law | Date: | Hits: 242
Solaiman (Md) Vs. Sufia A. Alam being dead, her heirs Narjesa Rahamatullah & ors., 1995, 24 CLC (AD)
.... him and as such he started depositing rent from House Rent Controller by filing House Rent Control Case No.48 of 1973. Rijia withdrew the house rent deposited before the Rent Controller for the last time in December, 1986.Defendant No.1 further claims that as the plaintiff could not produce any leg......he learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ..Category: Tenancy Law | Date: | Hits: 78
Syed Hedayet Ali Vs. Chief Election Commissioner and others, 1994, 23 CLC (AD)
....to respondent Nos. 5-14. On 20-7-92 the petitioner filed Title Suit No.153 of 1992 for a declaration that the Memo. fixing the date of administration of oath to respondent Nos.5-14 was illegal, being time-barred. No oath of office could be administered on 20-7-92. The petitioner’s prayer for injun......, without good cause shown, fail to take oath on that date. 5. There is no substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 89. ..Category: Election Law | Date: | Hits: 110
Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)
....ma Customs. Respondent No.1 has four brothers and not three. His two elder brothers did not submit any claim for the Bohmong Chiefship. The appellant is a matriculate, was a State Minister during the time of President Ziaur Rahman, served as a Sub-Inspector of Police in the Chittagong Hill Tracts Po......gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 73. ..Category: Civil Law | Date: | Hits: 203
Abdur Rahman and others Vs. Kheru Malitha and others, 1998, 27 CLC (AD)
.... The Code of Civil Procedure, 1908 (V of 1908) Order XXIII r. 1(1) Order 23, rule 1(1) of the Code of Civil Procedure clearly gives an unqualified right to a plaintiff to withdraw from suit at any time. When the plaintiff withdraws from his suit without seeking permission to sue afresh as contemp......etition is out of time by 33 days and the explanation for the delay is satisfactory. For all these reasons the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 71. ..Category: Property Law | Date: | Hits: 77
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....(in the writ petitions) on 12-7-1984 in England and the marriage was duly registered at the Registrar’s office in Rawtenstall, Hyndburn and Ressendale, county of Lancashire, England. She was a full-time house -wife engaged in bringing up her four young children as named above. 4. All the child......Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ..Category: Family Law | Date: | Hits: 250
Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)
.... agreement deposed about passing of consideration money before him. He also testified that defendant No. 4 forcibly entered into some portion of the suit land. PW 4 Bahajuddin Khan was present at the time of execution of both the agreements. He deposed that defendant Nos. 1 and 2 gave possession to ......id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ..Category: Property Law | Date: | Hits: 86
Hasna Banu & others Vs. Keamat Ullah Malitha and others, 1997, 26 CLC (AD)
....the question of limitation was correctly decided by the learned Single Judge of the High Court Division. 9. PW 1 Majerunnessa, plaintiff, herself deposed before the trial Court that for the first time she came to know about the impugned kabala on 19-2-77 and she filed the suit within time from t...... Court on the question of limitation and decreed the suit. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 50, 18 BLD (AD) 10. ..Category: Procedural Law | Date: | Hits: 154
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