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Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)
....ment and decree of the High Court are set aside and these of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ...... be entitled to claim payment of the mortgage money, in whole or in part, out of any surplus of the sale proceeds remaining after payment of the arrears and of all charges and deduction directed by law. The object of section 73 is only to protect a mortgagee whose security has been diminished. The..Category: Banking Law | Date: | Hits: 230
Major Syed Walayat Shah Vs. Muzaffar Khan, 1973, 2 CLC (AD)
....ourt. The appeal is accordingly, dismissed but having regard to the facts and circumstances of the case we make no order as to costs; Ed. This Case is also Reported in: 25 DLR (SC) (1973) 5. ......ond revision but their application was dismissed, on the ground that no second revision lay under section 7 of Ordinance No. XIII of 1962 unless the record had been already summoned under the old law before its amendment on 13-1-1962 by Ordinance No. II of 1962. 8. The respondents then file..Category: Property Law | Date: | Hits: 61
Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)
.... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ......contest, time was asked for by means of this application for contest and not indicative of want of appreciation as to the possible nature of the case and consequent instructions to be given to the lawyer concerned and so by means of this application the defendants submitted to the jurisdiction o..Category: Business or Commercial Law | Date: | Hits: 94
Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)
....out any order as to costs and the suit is decreed without any costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 173. ......r dated 6-3-1969 illegally declared the suit property as enemy property; that the plaintiff by virtue of his purchase and also because of his long possession over the statutory period has acquired lawful right, title and interest in the suit land and hence the suit. 4...Category: Property Law | Date: | Hits: 53
Superintendent Eng. (Dist), PDB, Jangalia,Comilla Vs. Madhumita Cinema Ltd. & ors, 2002, 31 CLC (AD)
.... Accordingly, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 170. ......on making the Rule absolute and sending the case back on remand to the appellate Court for deciding the matter in the light of observation made therein and to dispose of the same in accordance with law. The observation being a direction that the parties should be given opportunity to produce fres..Category: Fiscal/Taxation Law | Date: | Hits: 122
Category: Family Law | Date: | Hits: 192
Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)
....d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ...... Servants (Retirement) Act, 1974 is as follows: “The provisions of this Act and the Rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any rule, regulation, bye-law, instrument or contract or in an..Category: Employment/Service Law | Date: | Hits: 186
Moulana Abdul Mannan Vs. Halima Khatun and ors, 2002, 31 CLC (AD)
.... The appeal is therefore allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 158. ......is death there being no son. The waqif did not make any provision for his grand daughter to be Mutwalli of his Waqf Estate and as such, the learned Single Judge of the High Court Division erred in law in making the Rule absolute and declaring the respondent No.1 as Mutwalli of the aforesaid Waqf..Category: Trust/Waqf Law | Date: | Hits: 209
Bangladesh Vs. Md. Naziur Rahman and others, 2002, 31 CLC (AD)
...., and the same is accordingly dismissed. Stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 157. ...... Court Division issued Rule upon the opposite parties asking them to show cause why the detenu Hussain Muhammad Ershad should not be brought before that Division to be dealt with in accordance with law and at the same time on hearing the learned Advocate of both the sides granted ad interim bail ..Category: Criminal Law | Date: | Hits: 66
Abu Siddique and anr Vs. Government of the People’s Republic of Bangladesh, 2002, 31 CLC (AD)
.... Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 154. ......tions 94 and 160 CrPC by the Bureau of Anti-Corruption were illegal, since in the absence of initiation of a case the Anti-Corruption Bureau, hereinafter in brief, the Bureau, is not authorised by law to issue the notice under the aforesaid sections of the Cr.P.C. It was also contended that powe..Category: Criminal Law | Date: | Hits: 58
Bangladesh and others Vs. Dr. Shamima Sultana Rita, 2002, 31 CLC (AD)
.... Appeal has become infructuous and accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 151. ...... AFM Bahauddin and to submit that report before this Court within seven days.” 4. The learned Attorney General appearing on behalf of the petitioners submits that for maintaining law and order situation of the country the secrecy about the investigation of a case is required to..Category: Criminal Law | Date: | Hits: 65
Hiran Chandra Dey and anothers Vs. Md. Abdul Quyum and others, 2002, 31 CLC (AD)
....ame are allowed. There is no order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 126. ...... 2, 2002. The Non-Agricultural Tenancy Act, 1949 (XXIII of 1949) Section 24 Establishing or making out of a prima facie case in law cannot be considered to have established the case finally or conclusively or said to have prove..Category: Property Law | Date: | Hits: 55
Kazi Shahjahan (Md) and another Vs. Md. Khalilur Rahman Madbar and others, 2002, 31 CLC (AD)
.... is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 125. ......r for rejection of the application for pre-emption under Order 7 Rule 11 of the Code of Civil Procedure contending inter alia that it did not disclose any cause of action and that it was barred by law. The learned Subordinate Judge on hearing the parties and on perusal of the materials on record..Category: Property Law | Date: | Hits: 49
Bangladesh Road Transport Corporation and another Vs. Md. Shahidullah, 2002, 31 CLC (AD)
.... reported decision. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 124. ...... thereafter failing to send him on compulsory retirement under regulation 55(2) finally terminated him from service and such termination is dismissal in the garb of termination and as such without lawful authority. Cases Referred to- Bangladesh Bank and others..Category: Employment/Service Law | Date: | Hits: 75
Government of Bangladesh and others Vs. Md. Sharfuddin Mollah, 2002, 31 CLC (AD)
.... The order of dismissal in respect of the respondent is maintained. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 120. ......ons in the remaining clauses are not necessary for the disposal of the appeal). Section 3 of the Ordinance runs as follows; “3. Ordinance to override all other laws, etc.- This Ordinance shall have effect notwithstanding anything contained in any law, rule..Category: Administrative Law | Date: | Hits: 116
Category: Property Law | Date: | Hits: 54
Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
....smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ......ta dated 24th March, 1944 (Exhibit B) executed by Beloka Sundari. It has also been averred by the plaintiff that Beloka Sundari in the absence of any necessity of money for the purpose for which in law she could make transfer of the property left by Narayan Chandra, son of Balaram Chandra had tr..Category: Property Law | Date: | Hits: 47
Delower Hossain Khan Vs. State, 2002, 31 CLC (AD)
....tance in the petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 101. ......of two persons being violative of the mandatory provision of section 233 CrPC and consequent thereupon petitioner having been seriously prejudiced his conviction and sentence is not sustainable in law. The case of the prosecution is that the petitioner along with others entered into the hut wher..Category: Criminal Law | Date: | Hits: 76
Government of Bangladesh and others Vs. Bibi Marium and other, 2002, 31 CLC (AD)
....ause delay to the prejudice to the parties. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100. ......ted under section 5(1)(b) of the Ordinance was issued to the respondent or any other person inclusion of disputed property in the ‘Kha’ list of the abandoned buildings is without lawful authority…..(5) Cases Referred to- ..Category: Property Law | Date: | Hits: 46
Mahbubur Rahman and others Vs. Taslimuddin Ahmad and others, 2002, 31 CLC (AD)
.... For the reasons stated above, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 97. ...... The Bangladesh Civil Service Seniority Rules, 1983, Rule 3 The case filed before the Administrative Tribunal was not maintainable in law as necessary parties who were adversely affected by the order were not brought before the court..Category: Administrative Law | Date: | Hits: 91