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Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)

....id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ...... 9 of 1985 reversing the judgment and decree dated 27-6-80 passed by the Subordinate Judge, 4th Court Dhaka in Title Suit No. 167 of 1975 decreeing the suit. 2. The plaintiff-respondent filed the aforesaid suit for specific performance of contract. The case of the plaintiff is that the Suit lands......id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ...... the lower Appellate Court on surmise and conjectures disbelieved the unregistered agreements which were proved by reliable and cogent evidence and confirmed the judgment of the trial court. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate–o..

Category: Property Law | Date: | Hits: 86

Hasna Banu & others Vs. Keamat Ullah Malitha and others, 1997, 26 CLC (AD)

.... Court on the question of limitation and decreed the suit. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 50, 18 BLD (AD) 10. ......e dated 30-6-79 passed by the Munsif 2nd Court, Kushtia in TS No. 68 of 1977. 2. The plaintiff who is the mother of defendant No. 2 and mother-in-law of defendant No.1 filed the suit against them for a declaration that registered kabala dated 17-10-66 is void, fraudulent, without any considerati...... Court on the question of limitation and decreed the suit. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 50, 18 BLD (AD) 10. ......petuated on the mother, the question of limitation will run from the date of knowledge of the impugned deed of sale and consequently the suit cannot be barred by limitation. ………………(10) Lawyers Involved Md. Nawab Ali, Advocate-on-Record—For the Appellants. Ex-parte — the Re..

Category: Procedural Law | Date: | Hits: 154

Utpal Kanti Das Vs. Monju Rani Das, 1997, 26 CLC (AD)

....ance of any of the essential ceremonies, such as Saptapadi. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 47. ......n Family Appeal No.1 of 1992 reversing those dated 18 January 1992 passed by the Family Court, Saturia dismissing Family Court Case No.8 of 1991 brought by the plaintiff and respondent Monju Rani Das for her maintenance. 2. The parties to the suit both belong to the Shudra caste of Hindu communi......ance of any of the essential ceremonies, such as Saptapadi. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 47. ...... ……………………………….Appellant Vs. Monju Rani Das ………...Respondent Judgment July 22, 1997. Result: The appeal is dismissed. Marriage according to Hindu Law Once celebration of a marriage in fact is established, there shall be a presumption of there ..

Category: Family Law | Date: | Hits: 212

Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)

....d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ......……………Respondents (In Civil Appeal Nos. 14, 15 & 16 of 1995) Shafiuddin Ahmed and 2 others ……………………………………………………..Petitioner (In Civil Petitions for Leave to Appeal Nos. 187, 206 & 207 of 1995) Vs. Bangladesh, represented by the Secre......d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ......hmir, AIR 1984 (SC) 1056; Anzar Ahmed vs. State of Bihar, (1994) 1 SCC 150; Indian Airlines Corporation vs. Captain KC Shukla (1993) 1 SCC 17; Santosh Kumar vs. Union of India, AIR 1987 (SC) 386. Lawyers Involved: K S Nabi, Attorney-General, A W Bhuiyan, Additional Attorney-General with him i..

Category: Constitutional Law | Date: | Hits: 185

State Vs. Raihan Ali Khandker and others, 1997, 26 CLC (AD)

....orroborated opinion of handwriting and fingerprint expert. We do not find any ground for interfere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 23. ...... Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Shaifuddin Chaklader, Advocate-on-Record— For the Petitioner. Not Represented— the Respondents. Criminal Petition for Leave to Appeal No. 201 of 1995 (From the Judgment and Order dated 4-5-95 passed by the High......orroborated opinion of handwriting and fingerprint expert. We do not find any ground for interfere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 23. ......rightly found by the High Court Division that it was unsafe to proceed against the accused persons on uncorroborated opinion of handwriting and finger print expert………………………..(8) Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Shaifuddin Chaklader, Advocat..

Category: Procedural Law | Date: | Hits: 120

Islam Steel Mills Ltd. Vs. Nirman International Ltd. and others, 1998, 27 CLC (AD)

.... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ......ay 25, 1997. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908) Order XXXVIII rules 5-10 The main consideration is that the power of attachment of property before judgment being an extraordinary power of interfering with a party’s right to use and enjoy it...... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ......�……………….(12) Cases Referred to- Md. Iman Ali vs. Mir Abdus Salam, 1988 BCR (AD) 125, Khurshid Anwar vs. Jamil Akhter, 1986 BLD (AD) 83, Unimarine SA Panama 31 DLR (AD) 112. Lawyers Involved: Rafique ul Huq, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-..

Category: Procedural Law | Date: | Hits: 134

Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)

....ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ......laintiff as well as on behalf of his son defendant in the same suit. As in fact no harm was done to plaintiff respondent no. 2 the substitution of reprimand in place of debarring the respondent no. 1 for 5 years as punishment is adequate in the facts and circumstances of the case……………..(15......ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ......tiff respondent no. 2 the substitution of reprimand in place of debarring the respondent no. 1 for 5 years as punishment is adequate in the facts and circumstances of the case……………..(15) Lawyers Involved: AY Moshiuzzaman, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Rec..

Category: Others | Date: | Hits: 105

Mansur Ali Sikder Vs. Kanailal Banaajee & others, 1997, 26 CLC (AD)

....committed any error of law leading to a failure of justice. No interference is therefore called for. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 14. ......e & others…………………Respondents Judgment June 26, 1997. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order XVI Rule 1 If prayer for issue of summons to witnesses not bona fide or it is an abuse of process of the Court, it will n......committed any error of law leading to a failure of justice. No interference is therefore called for. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 14. ......le 1 If prayer for issue of summons to witnesses not bona fide or it is an abuse of process of the Court, it will not be unlawful for the Court to refuse such a prayer for issuance of summons. Lawyers Involved: Abdul Quayum, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record —..

Category: Property Law | Date: | Hits: 82

Moslemuddin (Md) and others Vs. Md. Jonab Ali and another, 1997, 26 CLC (AD)

....ng with the judgment of the appellate Court, which we uphold. This appeal is, accordingly, dismissed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 13; 17 BLD (AD) 328. ......sideration and payment towards the same, demand of conveyance and also alleged delivery of possession have not been proved. When the trial court gave cogent reasons of its decision, it was obligatory for the Appellate court to meet the same to hold a contrary view. Therefore, the High Court Division......ng with the judgment of the appellate Court, which we uphold. This appeal is, accordingly, dismissed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 13; 17 BLD (AD) 328. ...... High Court Division was justified in interfering with the judgement of the appellate court…………(8) Case Referred to- Ouseph Varghese Vs. Joseph Aley, (1969) 2 SCWR 347. Lawyers Involved: Miah Abul Gofur, Advocate-on-Record — For the Appellants. Sye..

Category: Property Law | Date: | Hits: 88

Al-Haj Abul Basher Vs. Bangladesh and others, 1997, 49 CLC (AD)

....same cannot be said to be arbitrary, unfair and illegal. For the reasons stated above, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 11, 1997 BLD (AD) 321. ......Bangladesh, 1972, Article 102 The Emergency Requisition of Property Act, 1948 (XIII of 1948), Sections 3 & 5 Inter ministerial communication are merely policy guidelines within the Ministries for their own purpose any instructions thereof do not create any legal right in favour of the petiti......same cannot be said to be arbitrary, unfair and illegal. For the reasons stated above, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 11, 1997 BLD (AD) 321. ......land. Since no legal right has accrued in favour of the petitioners by mere Inter-Ministerial Communications the petitioners cannot have any legal right to ask for return of the land………..(5) Lawyers Involved: Abdur Razzaq, Advocate, instructed by Mvi. Md Wahidullah, Advocate-on-Recor�..

Category: Property Law | Date: | Hits: 81

Abdus Samad Akand and others Vs. Abdul Halim Miji and others, 1997, 26 CLC (AD)

....fere with the impugned judgment of the High Court Division. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 6. ...... learned Single Judge of the said Court, making the Rule absolute, set aside decrees of the courts below and dismissed the suit. 2. The revision case arose out of a suit, Title Suit No. 71 of 1982 for permanent injunction in respect of .19-1/2 acres of land comprised within a plot measuring 2.07......fere with the impugned judgment of the High Court Division. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 6. ......n and hence the High Court Division was correct in setting aside the order of injunction passed by the Court below. Case Referred to- Moharram Ali vs. Mohammad Madhu Mia, 41 DLR (AD) 92. Lawyers Involved: Mahbubey Alam, Advocate instructed by Sajjadul Huq, Advocate-on-Record — For..

Category: Property Law | Date: | Hits: 83

Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)

....as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ......78 under the Bangladesh Shilpakala Academy Act, 1974 (No. XXXI of 1974) which has since been repealed and substituted by the Bangladesh Shilpakala Academy Act, 1989 (Act No. XXII of 1989) which is in force. On 18-5-79 the respondent tendered his resignation in protest against certain misdeed of the ......as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ......n that behalf, himself being not the appointing authority. The High Court Division was correct in holding that the dismissal order was passed by an incompetent authority…………..(9 & 10) Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate, instructed by Sharifuddin Chaklader, ..

Category: Employment/Service Law | Date: | Hits: 145

Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)

....realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for. Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ......l by leave is at the instance of the plaintiff against judgment dated 3-8-1998 passed by the Admiralty Court in Admiralty Suit No. 48 of 1996 dismissing the suit. 2. Plaintiff filed the aforesaid suit for recovery of damages and compensation of US $ 22,631.80 equivalent to Taka 9,50,535......realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for. Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ......the Customs Act to the supply of such goods and services to the ship in distress and anchored at any port in Bangladesh………………..(16) Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Md. Nawab Ali, Ad..

Category: Admiralty Law or Maritime Law | Date: | Hits: 202

Nazem Uddin Vs. Election Tribunal & Others, 2001, 30 CLC (AD)

.... the same. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 17 ......y the Election Tribunal Moheshkhali, Cox’s Bazar in Election Tribunal Case No. 1 of 1998 allowing an order of amendment. 2. Appellant and respondent Nos. 2-7 contested the election for the office of Chairman Shaplapur Union Parishad held on 22-12-1997. In that election appellant w...... the same. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 17 ......98; Hosne Zaman vs. Election Tribunal, 38 DLR 435; Zulfiquar Ali Bhutto vs. Bangladesh and others 41 DLR 379; Md. Mokbul Hossain vs. Shamsul Alam and others 14 BLD (AD) 232. Lawyers Involved: Salma Masud Chowdhury, Advocate, instructed by Md. Nawab Ali, Advocat..

Category: Election Law | Date: | Hits: 109

Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)

....rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ......uq, Senior Advocate (Nazrul Islam, Senior Advocate with him) instructed by AKM Shahidul Huq Advoqate-on-Record - For Respondent No. 1. Not Represented — Respondent Nos. 2-12. Civil Petition for Leave to Appeal No. 125 of 2000. (From the Judgment and order dated 18th November, 1999 pass......rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ......cannot be rejected under Order VII, rule 11 of the Code the same can be rejected taking recourse to Court’s inherent jurisdiction under section 151 of the Code…………………………(12) Lawyers Involved: Syed Ishtiaq Ahmed (Dr. Kamal Hossain, Mahmudul islam, and Rokanuddin Mahmud, ..

Category: Property Law | Date: | Hits: 101

Hosne Ara Begum and another Vs. Islami Bank Bangladesh Limited, 2000, 29 CLC (AD)

....ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ......te, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioners. Md. Nazrul Islam, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondent. Civil Petition for Leave to Appeal No. 914 of 1998. (From the Judgment and order dated 15-6-1998 passed by the H......ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ......Article 109 of the Constitution is not available……..(7) Case Referred to- Sultana Jute Mills Limited and others Vs. Agrani Bank and others, 14 BLD (AD) 196 = 46 DLR (AD) 174. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-..

Category: Business or Commercial Law | Date: | Hits: 148

Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)

....missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ......structed by Chowdhury Md. Zahangir, Advocate-on-Record— For the Petitioner Md. Nawab Ali, Advocate-on-Record— For Respondent No. 1. Not represented— Respondent No. 2. Civil Petition for Leave to Appeal No. 70 of 1998. (From the Judgment and order dated 2-3-1997 passed by the H......missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ......rty make them dependent upon or subject them to the influence of others even in the absence of deception or coercion whereby they transfer their property to their own disadvantage………….(8). Lawyers Involved: Mahbubey Alam, Senior Advocate instructed by Chowdhury Md. Zahangir, Advocate-o..

Category: Civil Law | Date: | Hits: 162

Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)

....ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ...... is dismissed. The Evidence Act, 1872 (I of 1872), Section 5 Positive testimony of a witness and evidence of other witnesses who testified about the presence of that witness cannot be discarded for non-seizure of blood-stained wearing apparel of that witness specially when presence of the accu......ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ......cross-examination, can be believed if not otherwise unbelievable. ………………(16) Case Referred to- Government of Bangladesh Vs. Giasuddin and others, 4 MLR (AD) 29 = 51 DLR (AD) 103. Lawyers Involved: Khondkar Mahbub Hossain, Senior Advocate, instructed by Shamsul Haque Siddique,..

Category: Criminal Law | Date: | Hits: 108

Tara Mia & others Vs. Taru Mia & others, 2006, 35 CLC (AD)

....e, we are of the view that the High Court Division did not commit any error in allowing the appeal. Accordingly, the appeal is dismissed with costs. Ed. ......efendants suddenly started constructed a hut in a better portion of the suit land without making any amicable arrangement with the plaintiff, when they demanded upon the defendants in March 1964 for an amicable partition, which the defendants refused and hence the suit. 3. The defe......e, we are of the view that the High Court Division did not commit any error in allowing the appeal. Accordingly, the appeal is dismissed with costs. Ed. ...... Md. Tafazzul Islam J Tara Mia & others...........Appellants. Vs. Taru Mia & others.........Respondents. Judgment October 20, 2005. Lawyers Involved: Mahbub Ali, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Reco..

Category: Property Law | Date: | Hits: 76

Mostafa alias Mosto Vs. State, 2006, 35 CLC (AD)

.... the explanations offered for condonation of delay are far from satisfactory. For the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......p; Lawyers Involved: Muhammad Nazrul Islam, Senior Advocate, instructed by Azra Ali, Advocate-on-Record- For the Petitioner. Not represented- Respondent. Criminal Petition for Leave to Appeal No. 128 of 2001. (From the Judgment and Order dated 16.01.2001 passed by a divi...... the explanations offered for condonation of delay are far from satisfactory. For the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ...... Mostafa alias Mosto. ...........Petitioner. Vs. The State, represented by the Deputy Commissioner, Pabna………….. Respondent. Judgment 21st July 2002 Lawyers Involved: Muhammad Nazrul Islam, Senior Advocate, instructed by Azra Ali, Advocate-on..

Category: Criminal Law | Date: | Hits: 94

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