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AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ...... 1980 in the Court of Subordinate Judge. Third Court, Dhaka, for a declaration that he is the irrevocable licensee of his wife, the respondent, in the 'A' schedule land and that he is the real and absolute owner of the three‑storied dwelling house and appurtenances thereto described in the..Category: Property Law | Date: | Hits: 80
Alhaj Mokter Hussain Talukder Vs. Ainuddin Ahmed and others, 1992, 21 CLC (AD)
....udge, Patuakhali and then in revision by a learned Single Judge of the High Court Division (Barisal Bench). This petition is from the judgment and order of the learned Single Judge discharging the Rule in Civil Revision No. 125 of 1984. 2. Mr. AK Badrul Huq, learned Advocate for the petit......h circumstances we shall be slow to unsettle a settled view followed for a long time. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 37 ..Category: Property Law | Date: | Hits: 63
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
....osecute the proceeding under section 145 Cr.P.C. The appeal is, therefore, allowed without any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ...... in the Title Suit on 8.2.80. 8. In the Title Suit itself the defendant -respondents filed their written statement on 9.4.81 and on 4.9.81 the order of ad‑interim injunction was made absolute by the trial Court against which the respondents did not move any higher forum. Three year..Category: Property Law | Date: | Hits: 81
Abdul Baten Vs. Abdul Latif Sheikh and others, 1993, 22 CLC (AD)
....or leave to appeal by the pre-emptee-petitioner is from the judgment and order of a learned Single Judge of the High Court Division dated 27.4.92 in Civil Revision No. 986 of 1990 disposing of the Rule by setting aside the order of remand passed by the appellate Court below and allowing the pre-......Division cannot be taken exception to. 9. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 26 ..Category: Property Law | Date: | Hits: 56
Shahabuddin Vs. Abu Sayed and others, 1993, 22 CLC (AD)
....e 4th Court of Subordinate Judge, Dhaka), for declaration of title and recovery of possession of the suit land. Application for amendment of the plaint having been rejected the plaintiff obtained a Rule from the High Court Division in civil revision. The Rule was made absolute on 14.8.84 allowing......recovery of possession of the suit land. Application for amendment of the plaint having been rejected the plaintiff obtained a Rule from the High Court Division in civil revision. The Rule was made absolute on 14.8.84 allowing the plaintiff's prayer. The records of the case reached the trial Cour..Category: Property Law | Date: | Hits: 49
Abdul Hamid Kazi Vs. Abdul Jabbar Jamadar and others, 1974, 3 CLC (AD)
....is allowed; the judgment and order of the High Court are set aside and that of the learned Munsif are restored. In the circumstances of the case there will be no order as to costs. Ed. ......is allowed; the judgment and order of the High Court are set aside and that of the learned Munsif are restored. In the circumstances of the case there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 50
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....and set aside the order of the trial Court granting pre-emption. The respondent then filed an application under section 115 of the Code of Civil Procedure before the High Court and obtained a Rule where the main question for consideration was whether in the facts and circumstances of the ca......ir own reasonings held that the grant of pre-emption shall be one under section 26Fofthe Bengal Tenancy Act and not under section 96 of the State Acquisition Act and accordingly made the Rule absolute and set aside the order of the appellate Court and restored that of the trial Court with t..Category: Property Law | Date: | Hits: 60
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
....he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ......he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ..Category: Constitutional Law | Date: | Hits: 716
Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)
....on the aforesaid application refused to make the reference to the High Court. The respondent then moved the High Court under section 439 of the Code of Criminal Procedure and obtained a Rule, being Criminal Revision No. 813 of 1968. 5 The High Court took the view that the orde......gum to refuse to live with her husband; and (4) that she had a monthly income of Rs. 300/-from a house constructed in her name by the respondent. The Rule was accordingly made absolute and the impugned order was set aside. 6. Against the judgment of the High Court, th..Category: Family Law | Date: | Hits: 146
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....ha moved the Sessions Judge of Khulna who also rejected the prayer for bail on 14-12-72. Thereafter on 22-12-72 he filed Criminal Revision Case No. 264 of 1972 in High Court Division which issued a Rule that day and on 12-1-73 directed. A.T Mridha to be enlarged on bail pending the disposal of t......on Case No 13 of 1973 filed S.M Ali Akbar and five others. The residents of Criminal Appeal No. 12 of 1973, they were not ordered to be released on bail. The learned Judges made the two rules absolute on 31-5-73, quashed the proceedings in Daulatpur P.S. Case No.27 and also in ..Category: Criminal Law | Date: | Hits: 125
Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)
.... to its own directions or owing to continuance of custody under the second part of clause (2) of Article 16 of the Collaborators Order. The appeals are accordingly dismissed. Ed. ...... to its own directions or owing to continuance of custody under the second part of clause (2) of Article 16 of the Collaborators Order. The appeals are accordingly dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
.... of 1973 by Molla Harunur Rashid, mentioned at serial No. 13 of the notification. Subsequently by a notification dated 13 May 1974 the writ-petitioner's name was omitted from the notification and the Rule issued in the writ petition was discharged as infructuous. After a change in the Government and......t to show that the respondent abandoned his permanent residence. 135. The respondent, it is admitted, has his permanent residence in the territories now comprised in Bangladesh. 136. There is absolutely no evidence to show that the motive for which the respondent had stayed in Pakistan for t..Category: Immigration and Citizenship Law | Date: | Hits: 522
Nurul Islam and another Vs. The Secretary, Ministry of Law and Justice & others, 1994, 23 CLC (AD)
....p; ATM Afzal J.- This petition is from Judgment and order dated 30th June, 1992, passed by a Division Bench of the High Court Division, Dhaka, in Writ Petition No. 696 of 090, discharging the Rule. 2. Petitioners, claiming themselves as the President and Secretary respectively of the......nation has been successfully made out to call for our interference in the matter. 12. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 188 ..Category: Employment/Service Law | Date: | Hits: 66
Jafar Ali Vs. Hushiar Ali and others, 1994, 23 CLC (AD)
.... Latifur Rahman J: This appeal by special leave by the pre‑emptee is directed against the judgment of the High Court Division, Sylhet, in Civil Revision No. 1391 of 1978 discharging the Rule and upholding the orders of the Courts below arising out of an application under section 96 of......ation is barred by limitation is untenable in law. Consequently, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 187 ..Category: Property Law | Date: | Hits: 85
Hemayatuddin alias Auranga Vs. State, 1994, 23 CLC (AD)
....referred Criminal Revisional No. 933 of 1993 against the said order of the trial Court dated 19.6.93. By a judgment and order dated 27.7.93, a Division Bench of the High Court Division discharged the Rule and upheld the impugned order of the trial Court directing the trial Court to afford fair oppor......the plea of not seeking adjournment of the trial is not sustainable. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 186 ..Category: Criminal Law | Date: | Hits: 53
Chittagong Chemical Complex Vs. The Chairman, Labour Court and another, 1994, 23 CLC (AD)
....n Complaint Case No. 193 of 1986, is declared to have been passed without any lawful authority and it is of no legal effect. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 182. ......n Complaint Case No. 193 of 1986, is declared to have been passed without any lawful authority and it is of no legal effect. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 182. ..Category: Labour and Industrial Law | Date: | Hits: 103
Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)
....) whether a defendant can claim in written statement a set-off or counter-claim against the plaintiff in a suit filed under the Artha Rin Adalat Ain, 1990; (ii) whether an application under Order VII Rule 11 CPC lies for rejection of that counter-claim; and (iii) whether a writ petition or a civil r......it Petition No. 1070 of 1992 in the High Court Division. The defendants filed an affidavit-in opposition and a Division Bench of the High Court Division after hearing the parties made the Rule Nisi absolute by judgment and order dated 1.12.93 holding, inter alia, that (a) that the defendants are n..Category: Banking Law | Date: | Hits: 168
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....s delay they (respondents) had filed a writ petition, WP No. 1004 of 1983‑seeking a direction Upon the appellant to issue notice for acquisition. The result of this writ petition was that the Rule issued thereon was made absolute by an order on 11 March 1984 and the appellant was directed ...... filed a writ petition, WP No. 1004 of 1983‑seeking a direction Upon the appellant to issue notice for acquisition. The result of this writ petition was that the Rule issued thereon was made absolute by an order on 11 March 1984 and the appellant was directed to issue notice for acquisitio..Category: Procedural Law | Date: | Hits: 104
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
.....63 passed by the Special Land Acquisition Officer, Dhaka and a notice dated 4.7.87 issued by respondent No. 1 Rajdhani Unnayan Kartripakha asking the appellants to vacate the requisitioned land. A Rule Nisi was issued thereupon on 15.7.87. Neither respondent No. 1 nor the Government-respondent ......8209;opposition and no one appeared at the time of hearing of the Rule. The learned Judges of the High Court Division after hearing the learned Advocate for the appellants for 3 days made the Rule absolute and wrote out a lengthy judgment on the merit of the case on 3.8.92. 3. On 26.9.92 r..Category: Procedural Law | Date: | Hits: 102
Secretary, Min of Ind., Nationalised Industries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
.... petitioner. It was stated that the Mill was taken over under President's Order No. 27 of 1972 and this order of taking over was challenged by an earlier Writ Petition being No. 112 of 1974 and the Rule was issued on 5.3.74. It was stated that during the pendency of the said writ petition in pur......ffecting the transfer and necessary adjustments have been made between Mohammadi Calendering & Printing Mills Ltd. and the Chand Textile Mills. Accordingly the High Court Division made the Rule absolute and directed the respondents to complete the formalities for transfer of the Mill to the ..Category: Constitutional Law | Date: | Hits: 157
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