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Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
.... and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ...... in the suit land. 3. The deceased defendant Habiba Banu and respondent Nos. 1 and 2 filing written statements contended that the appellant having not performed his part of the contract within the time stipulated and time being of the essence of the contract was not entitled to specific performan......and his wife and son in 1989. 6. On 7-2-91 the appellant then filed Title Suit No.40 of 1991 against defendant No.5 Khalequzzaman of Title Suit No.415 of 1984 for specific performance of contract, recovery of possession and injunction, impleading the subsequent purchasers of the suit land as defe......t and order are set aside and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ..Category: Property Law | Date: | Hits: 59
AKM Mayeedul Islam Vs. Bangladesh Election Commission and others, 1996, 25 CLC (AD)
.... in the impugned judgment, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ......947 in Special Case No. 7 of 1991, Special Case No. 11 of 1992 and Special Case No. 19 of 1993 and sentenced to suffer 3 years, 7 years and 3 years simple imprisonment respectively thereunder. At the time scrutiny the petitioner filed objection before respondent No. 2 and submitted that respondent N......ot on the grounds stated in the impugned judgment, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ......ot on the grounds stated in the impugned judgment, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ..Category: Election Law | Date: | Hits: 133
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
....vision and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ...... in the second schedules as suits excepted from the cognizance of a Court of Small Causes. (2) Subject to the exceptions specified in that schedule and to the provisions of any enactment for the time being in force, all suits of a civil nature of which the value does not exceed two thousand f......le reads: “a suit for the possession of immovable property other than a suit for ejectment of a tenant unless, any other court or officer has exclusive jurisdiction in the matter or for the recovery of an interest in such property;’ 11. It is manifest that sub-section (2) of se 15......der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ..Category: Tenancy Law | Date: | Hits: 87
Bangladesh Shipping Corporation and other Vs. Rakibuddin Ahmed and others, 1996, 25 CLC (AD)
....f 1994 at the instance of the Government is dismissed as time-barred. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 283, 48 DLR (AD) (1996) 203 ...... High Court Division that the plaintiff had business of contract with the corporation after his termination. In support of his contention the learned Counsel placed before this court for the first time Annexures ‘A’ ‘B’ ‘C’ and ‘D’ by an applicatio...... Civil Petition No. 39 of 1994 at the instance of the Government is dismissed as time-barred. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 283, 48 DLR (AD) (1996) 203 ...... Civil Petition No. 39 of 1994 at the instance of the Government is dismissed as time-barred. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 283, 48 DLR (AD) (1996) 203 ..Category: Employment/Service Law | Date: | Hits: 77
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
....ssary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ......t any lawful authority and be of no legal effect. The authorities were directed to refund the amount, if any, realised from any writ-petitioner or petitioners in excess of the rate in force at the time of opening of the letter of credit. 10. The learned Additional Attorney General, in the...... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ...... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ..Category: Business or Commercial Law | Date: | Hits: 126
BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)
.... the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ......ayun Hossain Khan, learned Advocate, as usual, prayed for an adjournment which was granted. On 8-4-1996 when the appeals again appeared for hearing Mr. Humayun Hossain Khan was not to be found this time, and Mr. Md. Aftab Hossain, learned Advocate-on- Record, appearing for the appellant, Text Boo......sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ......sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ..Category: Intellectual Property Law | Date: | Hits: 279
Abdus Satter (Md) Vs. Bangladesh and others, 1996, 25 CLC (AD)
.... authority and of no legal effect. The appeal is allowed without costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 64, 48 DLR (AD) (1996) 180 ......ents and the neighbouring people owing to its leaning on the north-western side. The appellant showed cause within 24 hours on 22-12-94 (Annexure E) stating that he kept the required spaces at the time of construction in 1986 but owing to fresh measurement for settling boundaries with neighbour......ave been passed without lawful authority and of no legal effect. The appeal is allowed without costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 64, 48 DLR (AD) (1996) 180 ......ave been passed without lawful authority and of no legal effect. The appeal is allowed without costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 64, 48 DLR (AD) (1996) 180 ..Category: Business or Commercial Law | Date: | Hits: 136
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....fter proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ......ant made a policy recommendation I absorbing the retrenched employees of the tern Additional Benches of the Taxes Appellate Tub whose tenure expired on 14-1-92 on the ground inter alia, that at the time of establish temporary Benches it was visualized that their ten may have to be lengthened. Th......Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ......Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ..Category: Constitutional Law | Date: | Hits: 161
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
....will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ......ted that since a prosecution begins with the framing of charge it was enough if the Special Judge received the sanction before actually framing the charge and he having called for a police report the time for writing to the Government for sanction was yet there. In the facts of the case, not writing......ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ......ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ..Category: Anti-Corruption Laws | Date: | Hits: 92
Akhtar Banu Vs. Habibunnessa and others, 1996, 25 CLC (AD)
....and order are set aside. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 298, 48 DLR (AD) (1996) 164 ......ute and holding the Title Suit No. 245 of 1985 of the 3rd Court of Subordinate Judge, Dhaka abated as a whole for non-substitute of the heirs of deceased-defendant No.3, Aga Ali Hasan Raza, within time who had died on 4-4-1972. 2. Leave was granted mainly on the ground that the High Court......sent case. 3. To recall, briefly, the facts of the case, predecessor of the appellants, Akhtar Banu, instituted Title Suit No.9 of 1957 in the aforesaid Court declaration of title to and for recovery and confirmation of possession in certain parts of the suit land. The suit, on transfer t......o cost. The impugned judgment and order are set aside. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 298, 48 DLR (AD) (1996) 164 ..Category: Property Law | Date: | Hits: 70
Abdul Mazid Howlader & another Vs. Lahajuddin Howlader & others, 1996, 25 CLC (AD)
....disallowed. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 302, 48 DLR (AD) (1996) 160 ......ession of the case land for 13/14 years after constructing house in the case land. 11. On a careful consideration of the evidence of PW 1 Lehajuddin (pre-emptor) it appears that he the first time came to know about the transfer from PW 2 Sekander All, uncle of PW 1 Lehajuddin who lives in......pplication for pre-emption is disallowed. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 302, 48 DLR (AD) (1996) 160 ......pplication for pre-emption is disallowed. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 302, 48 DLR (AD) (1996) 160 ..Category: Property Law | Date: | Hits: 60
Wazed Ali Sardar (Md) Vs. Md. Afsaruddin Sardar and others, 1996, 25 CLC (AD)
....o be set aside. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 159 ......cree on condition of payment of Taka 300.00 as costs by the appellant on the finding that no summons was served upon the appellant and that he came to learn about the ex parte decree for the first time on the date as alleged by him. 6. Against the aforesaid order of the Subordinate Judge ......igh Court Division is liable to be set aside. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 159 ......igh Court Division is liable to be set aside. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 159 ..Category: Procedural Law | Date: | Hits: 133
Jahangir Kabir (Md) Vs. BD, represented by The Secretary, Ministry of Home Affair, 1996, 25 CLC (AD)
....case before us is just the reverse. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 156 ......ined leave to appeal from this Division and preferred Civil Appeal No. 82 of 1992 before this Court. This Division allowed the appeal by the judgment and order dated July 26, 1993 holding that the time spent on review before the President under the Government Servants (Discipline & Appeal) R......ed on his prayer. The present case before us is just the reverse. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 156 ......ed on his prayer. The present case before us is just the reverse. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 156 ..Category: Administrative Law | Date: | Hits: 138
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
.... 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ......n accordance to (sic) the policy condition is that the measure of indemnity in respect of claims for unrepaired damage shall be the reasonable depreciation in the market value of the vessel at the time the insurance terminates arising from such unrepaired damage. It may be stated that the vessel......vessel is a constructive Total Loss (b) shall be taken as the repaired value and the vessel or wreck shall be taken into account. No claim for Constructive Total Loss based upon the cost of recovery and/or repair of the vessel shall be recoverable hereunder unless cost would exceed the in...... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ..Category: Business or Commercial Law | Date: | Hits: 151
ADC (Revenue), Pabna Vs. Md. Abdul Halim Mia, 1996, 25 CLC (AD)
....on 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 ......o whether the objector-appellant was a representative of the judgment-debtors. The learned Munsif again dismissed the Miscellaneous Case on 8.12.83 holding that the decree-holder was insane at the time of the judgment. On a further appeal by the objector-appellant. Miscellaneous Appeal No.28 of ......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 ......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 ..Category: Civil Law | Date: | Hits: 133
Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)
....asons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ......ccupant, the learned Assistant Judge surprisingly did not take any issue in that behalf for consideration. The learned Assistant Judge found the defendant to be a defaulter for depositing rent at a time in the House Rent Controller’s office. She also found that the suit premises was by the ......able in law. For the reasons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ......able in law. For the reasons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ..Category: Property Law | Date: | Hits: 52
Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
....uit 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 ......nce the document is false. 13. We have seen the entire document and we find that in all other places by the side of each coupon there is the signature of Mirza Murshal Hossain. For the first time, Mr. Khandker Mahbubuddin Ahmed pointed out before us that this document is not genuine, where......ing and that after serving notice upon the defendant under section 106 of the Transfer of Property Act, on 16.6.84 terminated the tenancy and claimed eviction of the defendant along with the recovery of arrear rents of Taka 4,860.00. 3. The defendant by filing a written statement d......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 ..Category: Property Law | Date: | Hits: 56
Mahmudul Haque (Md) Vs. Md. Hedayetullah and others, 1996, 25 CLC (AD)
....ering 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. ......12-94 by the Election Commission, the appellant along with respondent Nos. 1-3 filed nomination papers on January 1, 1995 to respondent No. 4, the Returning Officer. 3. On the following day at the time of scrutiny Respondent No.1 raised an objection(in writing before the Returning Officer allegin......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. ......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. ..Category: Election Law | Date: | Hits: 129
Abdul Wadud Contractor and another Vs. Nazir Ahmed and others, 1996, 25 CLC (AD)
....amendment of the plaint. The appeal is, therefore, dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 120 ...... that prayer for the proposed amendment of the plaint. The appeal is, therefore, dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 120 ......or amendment of the plaint. 2. The appellants instituted the aforesaid suit for declaration of their title to, the suit property described in Scheduled ‘A’ to the plaint and for recovery of khas possession thereof evicting the respondents therefrom on the allegations, inter al...... that prayer for the proposed amendment of the plaint. The appeal is, therefore, dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 120 ..Category: Property Law | Date: | Hits: 52
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
....ame is set aside. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 134 ......irst party shall be exercised by the First Party by having the child sent over to his residence at 405E, Road No. 27 (Old) Dhanmondi Residential Area, Dhaka three days a week for about 3 hours each time as follows by the Second party in her transport: Monday : 10-00 ......f legal acumen and hence the same is set aside. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 134 ......f legal acumen and hence the same is set aside. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 134 ..Category: Family Law | Date: | Hits: 162
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