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Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)
....s based on the grounds mentioned in Order XLVII , rule 1 of the Code the Court will not sit on the matter again for rehearing or further hearing which is already concluded by decision even if that be erroneous. It appears that there is no valid ground for interference because all the submissions are......………..Other Parties Judgment January 30, 1995. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order XLVII rule 1 Unless a prayer for review is based on the grounds mentioned in Order XLVII , rule 1 of the Code the Court will not sit on..Category: Property Law | Date: | Hits: 80
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....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 ......of Finance dated 3 1-12-89 they applied for various posts in the temporary Additional Benches of the Taxes Appeal Tribunal created by the appellant. On the basis of competitive examination and interview and after observing all formalities of quota system for freedom fighters, districts and women..Category: Constitutional Law | Date: | Hits: 161
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
....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. ...... Act and (2) that the order for holding inquiry by the ASP was illegal and improper as his superior/higher officers were made accused in the complaint petition. 5. The High Court Division took the view that the question of taking sanction at this stage does not arise as cognizance has not yet bee..Category: Anti-Corruption Laws | Date: | Hits: 92
Akhtar Banu Vs. Habibunnessa and others, 1996, 25 CLC (AD)
....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 ......substituting them in place of the plaintiff who had died on 20-9-83. The appellants did not file, any petition for substitution of the heirs of deceased-defendant No. 3 Aga Ali Reza in the suit, in view of the fact that his wife, Feezza Khanum, defendant No. 2, was already on record and his son a..Category: Property Law | Date: | Hits: 70
Abdul Mazid Howlader & another Vs. Lahajuddin Howlader & others, 1996, 25 CLC (AD)
.... the pre-emptees, the learned Single Judge acted wrongly in refusing to exercise his revisional jurisdiction in a 163 case where due to non-consideration of the material evidence on record an erroneous decision has been arrived occasioning a grave failure of justice. 12. In this case......evision affirmed the judgment of the lower appellate court without considering that there has been a total non-consideration of all the witnesses adduced by the appellants in the case. 9. In view of the leave granted by us and the findings of the Courts below on the vital question of limit..Category: Property Law | Date: | Hits: 60
Wazed Ali Sardar (Md) Vs. Md. Afsaruddin Sardar and others, 1996, 25 CLC (AD)
....okalatnama alleged to have been filed by the appellant were missing from the record gave much stress to the order dated 25-3-1976 and without considering the report submitted by the Bench Assistant erroneously found that the trial Court was wrong in holding that summons was not served upon the a...... no suppression of the summons and the suit was decreed in due course. 5. The appellant examined three PWs. including himself and the respondent No.1 examined two DWs. including himself. In view of Order No.89 dated 25-3-1976 passed by the Subordinate Judge, Khulna in the suit stating tha..Category: Procedural Law | Date: | Hits: 133
Jahangir Kabir (Md) Vs. BD, represented by The Secretary, Ministry of Home Affair, 1996, 25 CLC (AD)
....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 ......tirement from service on June 1, 1986 and on the following day i.e. June 2, 1986, issued a memo amending his order dated June 1, 1986. 2. The appellant thereafter filed an application for review on July 24, 1986 before the Hon’ble President of Bangladesh but he was informed on Dece..Category: Administrative Law | Date: | Hits: 138
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
.... 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 ......d that the Admiralty Court was thoroughly mistaken in proceeding with this assumption. This is the second ground on which leave was granted and the appellant succeeds on this ground. 14. In view of the attachment of a Dual Valuation Clause. the question arises, what is the value of this v..Category: Business or Commercial Law | Date: | Hits: 151
ADC (Revenue), Pabna Vs. Md. Abdul Halim Mia, 1996, 25 CLC (AD)
....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 ......ixes the longest period whereas the Limitation Act fixes the earliest period to take the first step in execution and the subsequent steps known as steps-in-aid. This Court also affirmed the further view of the then Dhaka High Court that an application for execution has therefore to satisfy first..Category: Civil Law | Date: | Hits: 133
Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)
....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 ......ed on behalf of the defendant that the learned SCC Judge erred in law in making the findings against the defendant in respect of the said two issues. The learned Judge of the High Court Division in view of the plaintiffs own pleading that there was no relationship of landlord and tenant with the..Category: Property Law | Date: | Hits: 52
Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
....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 ......nds unadjusted amount of money paid by the defendant which could be easily adjusted towards the payment of rent and whether on these facts the defendant could be termed as a defaulter. 7. In view of the leave granted by us we are called upon to re-appraise the oral and documentary evidence..Category: Property Law | Date: | Hits: 56
Mahmudul Haque (Md) Vs. Md. Hedayetullah and others, 1996, 25 CLC (AD)
....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
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
....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 ......p;1-00 MP approximately Thursday : 10-00 AM to 1-00 PM approximately The days, hours and/or duration mentioned herein above are agreed keeping in view the meal time of the child and the same may be extended, varied and altered by mutual agreemen..Category: Family Law | Date: | Hits: 162
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....emaining unchanged. In the result the appeal is allowed in part. No Costs. The trial Court’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ......s reasoning does not apply to the case of dower, as that is considered to be a return for the use of the wife’s person.” 10. Mrs. Rabeya Bhuiyan does not dispute that these are the traditional views on the Hanafi Law on past maintenance to wife but she contends that these views have been cons..Category: Family Law | Date: | Hits: 198
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
....vision were just, correct and proper and caused no miscarriage of justice. In the result, therefore, all the appeals are dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 100. ......of contract entailing civil liabilities but that does not mean that he was immune from criminal charges, such as that of cheating as in the present case. He submitted that this aspect was not kept in view by the High Court Division which resulted in the wrong order of acquittal. 17. It cannot be..Category: Anti-Corruption Laws | Date: | Hits: 92
Abdur Rashid Sarker Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
....ed when Martial Law was in force. Hence there is no illegality in the impugned judgment. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 99 ......sore in Case No. 14 of 1982 under 11/9 Martial Law Regulations on 12-1-84 and was sentenced to suffer RI for two years and to pay a fine of taka two lakh, in default to suffer RI for 3 years. In Review the CMLA by his order dated 13-4-84 confirmed the sentence of fine and remitted the sentence o..Category: Administrative Law | Date: | Hits: 107
Tafazal Ahmed Contractor Vs. Abdur Rahim and others, 1996, 25 CLC (AD)
....rred in law in affirming the judgment and decree of the lower appellate Court. In the result, the appeal is dismissed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 94. ......on finding that the deed of mortgage was an out and out sale deed with a condition of re-purchase. The suit was also held by the two Courts below to be barred by limitation. The Courts below took the view that the plaintiff-appellant could not sue for partial redemption of the suit land. 5. The ..Category: Property Law | Date: | Hits: 63
Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)
...., therefore, the appeal is allowed without any order as to cost and the impugned judgment and order are set aside. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 141, 48 DLR (AD) (1996) 90 ......r the said utilities. A landlord is not entitled to the said charges or rates for the simple reason that he does not supply the same to the tenant. 15. Mr. Moksudur Rahman, however, supported the view taken by the High Court Division contending that WASA charge in the present case which the appe..Category: Tenancy Law | Date: | Hits: 82
Syed Mohammad Hashem alias Hashim Vs. State, 1996, 25 CLC (AD)
....ame is not based upon any principle or precedent. He also submitted that the High Court Division acted illegally in not considering the facts of the case at all and in discharging the Rule upon an erroneous view of the law. 6. It must be said that the submission that the view taken by the......out in Chapters XXIII and XX of the Cr. P. C. the former relating to the trial of Sessions case and the latter to the trial of case by Magistrate, by the Law Reforms Ordinance, 1978 took the view that an application under section 561A will be premature unless the accused-petitioner had go..Category: Criminal Law | Date: | Hits: 71
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
.... of the learned Single Company Judge, if so advised. The appeal is therefore allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 82 ......que-ul-Huq, learned Counsel, who appeared as Amicus Curiae. Mr. M. Nurullah, learned Counsel for the respondents, feebly tried to argue that an appeal lies but ultimately veered round the points of view of Dr. M. Zahir and Mr. Rafique-ul-Huq. 10. Section 2(3) of the Companies Act, 1913 de..Category: Business or Commercial Law | Date: | Hits: 118
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