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Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
.... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ......ws: “The Kabala executed by the plaintiffs in favour of the defendant on 31 May 1977 and subsequently registered as kabala No. 1382 of 1978 be declared as fraudulent, void and not sustainable in law.” 4. The defendant denied the claim of the plaintiffs in a written statement. His plea was ..Category: Tenancy Law | Date: | Hits: 88
Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)
....f the said court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ......r reconveyance in respect thereof. We therefore dwell upon the appeals respecting schedule I land. 10. The main grievance of the appellants that the High Court Division committed an error of law in reassessing the evidence as to tender of the consideration on 28 Magh 1365 BS has litttle g..Category: Property Law | Date: | Hits: 60
.... statement and, as such, no arguments were allowed to be made on his behalf.
The appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 87.
......tion dated September 24, 1986 and January 12, 1986, contained in Annexures-M and J respectively to the writ petition, so far as those relate to the writ petitioners (now the respondents), without any lawful authority and are of no legal effect.
2. The relevant facts, in brief, are, Rani Dino Moni..
Category: Employment/Service Law | Date: | Hits: 95
Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)
....d calls for no interference. The appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 293, 49 DLR (AD) (1997) 80 ......me according to the provisions of President’s Order No. 7 of 1973 which gave rise to Misc. Case No. 64 of 1992. After hearing both the parties and considering the relevant provision of law, the learned District Judge dismissed the Misc. Case by his order dated 6-1-93 holding that the..Category: Business or Commercial Law | Date: | Hits: 117
Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
....t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ......993 to the High Court Division. A Division Bench of the said Court, by the impugned judgment, allowed the appeal and sent back the case on remand to the trial Court for disposal in accordance with law on condition of payment of cost of Taka 12,000.00 by defendant within 3 weeks from the date of ..Category: Property Law | Date: | Hits: 82
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
.... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ......he High Court Division in Civil Revision Nos. 89 of 1987 (Chittagong) and 1894 of 1991 (Dhaka) making the Rule absolute and sending the suit back to the trial Court for disposal in accordance with law and in the light of observations made in the judgment. 2. The decision of this appeal tu..Category: Procedural Law | Date: | Hits: 140
Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
....h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ......espondent Nos. 1 and 2 then approached the High Court Division with the aforementioned Writ Petition No. 64 of 1994 praying for a declaration that the order of the Land Appeal Board was without any lawful authority and obtained a Rule Nisi thereupon. The petitioners resisted the writ petition by..Category: Property Law | Date: | Hits: 72
Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)
....not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ......judgment of the lower appellate Court is based on “misappreciation of evidence” and as such the suit was sent back on remand to the court of appeal below for disposal in accordance with law and in the light of the observations made in the judgment. 7. Leave was granted to cons..Category: Property Law | Date: | Hits: 77
Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)
....on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ......ing the revisional application merely on ground of delay without considering the merit of the case. (ii) the conviction and sentence as passed against the petitioner being totally unsustainable in law and on facts, the learned Single Judge of the High Court Division ought to have condoned the del..Category: Criminal Law | Date: | Hits: 78
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....sion, although on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ......in the affirmative and decreed the suit. It came to the findings that defendant No. 1 had no saleable interest in the suit land and so the possession of the plaintiff could not be construed as lawful, that the plaintiff had been in possession of the suit land since 1963 asserting his owners..Category: Property Law | Date: | Hits: 72
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
.... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ......f his salary for satisfaction of the decree. The family Court rejected his application taking the view, inter alia, that it was the option of the decree-holder to follow any procedure permitted by law to obtain satisfaction of the decree. The respondent took an appeal to the District Judge, Com..Category: Family Law | Date: | Hits: 144
Abu Talukder Vs. Bangladesh, 1997, 26 CLC (AD)
.... The petition is dismissed but the order of payment of cost of Taka 2,500.00 to respondent No. 9 is deleted. Ed. This case is also reported in: 49 DLR (AD) (1997) 56 ......l of this petition are that, added respondent No. 9 Mosharraf Hossain Darji lodged an FIR on 7-3-95 alleging that at about 7-00 AM on the same date the petitioner along with others by forming an unlawful assembly armed with deadly weapons attacked his brother Ishaque Darji causing bleeding injur..Category: Criminal Law | Date: | Hits: 78
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ......rds, the assumption was that with the abatement of the writ petition the cause of action of the appellant for the writ petition had also abated. This assumption, we must say, is not well-founded in law or principle. With the promulgation of Martial Law all proceedings arising out of and in connec..Category: Property Law | Date: | Hits: 88
Abul Ahsan Vs. Administrator of Pabna Cham. of Com. & Ind. & anr, 1997, 26 CLC (AD)
.... decision. Accordingly, those petitions are disposed of as not being necessary for deciding the questions raised therein. Ed. This case is also reported in: 49 DLR (AD) (1997) 46 ...... and cancellation of the letter issued on 5-2-95 which ultimately led the petitioner to institute the suit. The learned Counsel submitted that the learned Judge of the High Court Division erred in law in granting the impugned order of stay and has virtually decided the merit of the case. i.e., t..Category: Procedural Law | Date: | Hits: 122
Kamrul Hasan Vs. Bangladesh and others, 1997, 26 CLC (AD)
....having already been decided by this Division, the petition does not merit consideration and accordingly, it is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 44 ......y interim relief as has been sought for. 3. Mr. Awlad Ali, the learned Advocate appearing for the petitioner submitted that Administrative Appellate Tribunal has committed an error of law in not holding that the Administrative Tribunal acted illegally in refusing to stay operation o..Category: Administrative Law | Date: | Hits: 149
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
....ch is a non Government secondary school within the meaning of section 2(1) (h) (j) of the Intermediate and Secondary. The Education Ordinance, 1961 (Ordinance No. XXXIII of 1961) as amended by the amending Ordinance of l977 (Ordinance No. XVII of 1977); The appellant was thus disqualified...... disqualification as aforesaid and contested the election held on 6-2-1992 and that he is still in service of the said school as a teacher without any cessation or break and, as such, he has got no lawful authority in holding the office of Chairman of the said Union Parishad and he is liable to b..Category: Others | Date: | Hits: 85
Mobarak Ali and others Vs. Mobaswir Ali and others, 1997, 26 CLC (AD)
....s under section 245(1) of the Code of Criminal Procedure. For the foregoing reasons, the appeal is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 36 ......bout 7-00 AM the informant with a view to purchasing ration articles for his shop came out of his house with money in his pocket. Accused respondents being armed with deadly weapons by forming an unlawful assembly attacked him and snatched away the money. At that time the accused-respondents als..Category: Criminal Law | Date: | Hits: 68
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
....ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ...... against 5 accused including the respondents and under section 201 of the Penal Code against the OC Abul Kalam Azad who was still absconding. It appears that at one stage the State and the defence lawyers agreed that since PWs were already examined in the Special Martial Law Court and argument w..Category: Criminal Law | Date: | Hits: 120
Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)
.... was granted. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ......ller and Auditor General was/is the appointing/promo authority who in fact promoted the respondent and the authority of the Comptroller and Auditor General not having been withdrawn by or under any law o rule Comptroller and Auditor General retained till authority to remove the respondent from se..Category: Administrative Law | Date: | Hits: 106
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ......s qualified to be a person aggrieved, and can maintain an action for judicial redress of public injury arising from breach of public duty or for violation of some provision of the Constitution or the law and seek enforcement of such public duty and observance of such constitutional or legal provisio..Category: Constitutional Law | Date: | Hits: 450
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