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General Manager, Bangladesh Railway Vs. Badruddin Ahmed, 2009, 38 CLC (AD)
....suit. 3. Being aggrieved by dissatisfied with the impugned judgment and decree the plaintiff-appellant has preferred the appeal alleging, inter alia, that the impugned judgment and decree is bad in law as well as in facts. The learned Subordinate Judge (now Joint District Judge) failed to..Category: Property Law | Date: | Hits: 27
Bhaja Krishna Barman and others Vs. Sree Raghunath Chandra Barman, 2007, 36 CLC (AD)
....jmali with the plaintiffs. 6.The trial Court on consideration of fact of preparation of the M.R.R. khatian arrived at the finding that the suit is not barred by limitation and that also not bad for defective of party. The trial Court in the background of the mortgage observed that the pl..Category: Property Law | Date: | Hits: 28
Md. Nasir Uddin Vs. State, 2007, 36 CLC (AD)
....h the present petition for leave to appeal. 4. Mr. Md. Nawab Ali, the learned Advocate-on-Record appearing for the petitioner, submitted that the proceeding as against the petitioner is bad in law and as such liable to be quashed for ends of justice. He further submitted that the alle..Category: Criminal Law | Date: | Hits: 40
Md. Abdul Awal Vs. Kazi Md. Abul Basar and others, 2008, 37 CLC (AD)
.... licensed as the Nikah Registrar. 4. Mr. Md. Nawab Ali, learned Advocate-on-Record, appearing for the petitioner submitted that the impugned judgment and order is ex facie illegal and bad in law as well as in facts; that the respondent No.1 is not a permanent resident of No.7 Edbar..Category: Civil Law | Date: | Hits: 99
Ferastullah Sarder Vs. Md. Mobarak Ali Gazi and others, 2008, 37 CLC (AD)
....967 and 13.05.1967 by registered kabalas. These defendants got their names mutated. The plaintiff unsuccessfully moved up land appeal board for getting the auction sale set aside. The suit is bad for defects of parties and hit by law of limitation and also hit by section 42 of the Specific ..Category: Property Law | Date: | Hits: 22
Munshi Md. Rashed Kamal Vs. Abdus Salam and another, 2005, 34 CLC (AD)
....be regarded as illegal. 14. It is clear that the High Court Division took a contrary view on an erroneous interpretation of the law and quashed the proceeding. The impugned judgment is bad in law and as such is not sustainable. 15. On the reasons stated above we find substance..Category: Criminal Law | Date: | Hits: 42
Jamira Khatun and others Vs. Md. Fazlul Karim and others, 2008, 37 CLC (AD)
....if, Sylhet has been paying rent but on the other hand the plaintiffs are not paying any rent concerning Dag No. 1859 which clearly proves the possession of the defendant No.1; that the suit is bad for defect of party in view of the fact of non impleading the heirs of Abdul Monaf in whose nam..Category: Property Law | Date: | Hits: 31
Md. Kamal Uddin Akand Vs. Artha Rin Adalat and others, 2008, 37 CLC (AD)
....tions of the loan the defendant petitioner was required to repay the entire loan within 7.9.03 but he failed. 3. The defendant filed written statement on 19.08.04 contending that the suit is bad for want for cause of action and also for want of statements of accounts and claim of the plain..Category: Civil Law | Date: | Hits: 95
Md. Abdul Awal Vs. Md. Abdul Barek, 2007, 36 CLC (AD)
....ugned judgment/order is liable to be set aside; that the complaint is true and all the PW's deposed correctly before the trial Court and, as such, the judgment and order of the High Court Division is bad in law and liable to be set aside; that the learned Sessions Judge, Munshigonj rightly passed ju..Category: Criminal Law | Date: | Hits: 65
Indrajit Kundu and others Vs. Bejoy Krishna Kunda, 1999, 28 CLC (AD)
....e has land which added with the land under pre-emption would not exceed 100 big has. 3. Respondent No.1 filed a written objection contending that the case is not maintainable in law and also bad for defect of parties inasmuch as many of the recorded co-sharers have not been made parti..Category: Property Law | Date: | Hits: 34
Md. Shamsul Huda Vs. Bangladesh and others, 1999, 28 CLC (AD)
....India and became citizen of India and that the property vested in the custodian and that without impleading Gour Sankar Roy or the custodian of the enemy property in the suit the suit was bad for defect of parties and that the ex-parte decree and the kabala are null and void. The l..Category: Property Law | Date: | Hits: 23
Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
.....W. 4 it is seen that his sons Iman and Ibrahim are in possession of a portion of the suit land by purchase from defendant No. 2 and they have not been impleaded in the suit and as such the suit is bad for defect of parties, that the finding of the courts below as regard the solehnama is not acc..Category: Property Law | Date: | Hits: 37
Reazuddin & ors. Vs. Jatindra Kishore Malaker and others, 1984, 13 CLC (AD)
.... the learned Judge was wrong in holding that the appellants did not satisfy the legal requirement as demanded by section 143A of the State Acquisition and Tenancy Act or that the case was bad for defect of parties. 9. Mr. Santi Ranjan Karmakar, the learned Advocate-on-record..Category: Property Law | Date: | Hits: 28
Md. Moshahaq Ali Mia & ors. Vs. Rabeya Khatun and anr., 1985, 14 CLC (AD)
....section provides for a suit if the Registrar refuses to order a document to be registered…………..(5 and 6) The questions whether the document is valid or forged or bad for non-receipt of consideration, etc. and the like are not within the scope of a suit under s..Category: Property Law | Date: | Hits: 25
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
.... was held that the onus to prove validity of registration shifts on the person relying on the document. 11. In view of the aforesaid decisions the law was amended in 1962 and sub section (2) bad been added to section 28. Sub-section (2) provides notwithstanding anything contained in ..Category: Property Law | Date: | Hits: 36
Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)
.... property subject to sub-section (2) and sections 7 to 9 provide for procedure and determining the compensation. The learned Additional Attorney General had placed before us that the compensation bad been assessed as far back as on 20.3.R3 fixing the date 24.3.83 for receiving the compensation. ..Category: Property Law | Date: | Hits: 55
Bangladesh Vs. Abul Kaiser Chowdhury and others, 1984, 13 CLC (AD)
....e plaintiff on a mere technical ground for that would be riding technicalities to death." 8. Keeping this principle in view there is no hesitation in saying that the order was bad and as the appellate court below by a cogent reasoning allowed the appeal and dismissed t..Category: Trust/Waqf Law | Date: | Hits: 193
Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)
....endant Nos. 1 and 2 contested the suit by filling written statement denying the material averments made in the plaint and contending, inter alia, that the suit is not maintainable and the same is bad for defect of parties as well as is barred by limitation and there is no cause of action, that K..Category: Property Law | Date: | Hits: 45
Musammat Mohsena Khatun Vs. M/s. Habib Knitting Mills, 1996, 25 CLC (AD)
....es was required for personal use and occupation of the plaintiff. He also denied the receipt of notice under section 106 of the transfer of Property Act. His further case is that the plaintiff with a bad motive had refused to accept the rent for the month of Baishak, 1389 B.S. and since thereafter h..Category: Tenancy Law | Date: | Hits: 154
Adamjee Jute Mills Ltd. and anr. Vs. Chairman, Labour Court and anr., 1998, 27 CLC (AD)
....istence at me relevant time which could enable respondent No. 2 to maintain an action under the IRO the learned Judges were justified in folding that the termination in question was illegal or bad in law. Thirdly, upon acceptance of termination from service respondent No. 2 having rece..Category: Labour and Industrial Law | Date: | Hits: 105