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Moulvi Md Khurshid Alam Vs. Bangladesh, 1997, 26 CLC (AD)
....vernment’s powers under section 4 of the Act is concerned. This petition, thus, merits little consideration. It is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 82. ......by the Government in exercise of its powers under section 4 of the Act and, as such, the curtailment of said Anjadhat Union area from the nikah registration area of the petitioner has not been done unlawfully by the Government. 4. The learned Judges of the High Court Division by the impugned Judg..Category: Employment/Service Law | Date: | Hits: 137
Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1998, 27 CLC (AD)
....reason to differ from the said view. For all these reasons we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 80. ......er is now seeking leave to appeal from the said order of the High Court Division. 8. The learned Counsel for the petitioner first contends that the High Court Division has fallen into an error of law in holding that there has been no non-compliance with the requirements of the provisions of arti..Category: Election Law | Date: | Hits: 168
Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)
....gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 73. ......tion. If so made judiciary will not intervene. If extraneous considerations have influenced the executive decision the court has certainly the power to declare the selection to have been made without lawful authority, all the more so, because government will also not deny that the susceptibilities o..Category: Civil Law | Date: | Hits: 203
Abdur Rahman and others Vs. Kheru Malitha and others, 1998, 27 CLC (AD)
....etition is out of time by 33 days and the explanation for the delay is satisfactory. For all these reasons the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 71. ......owed by a learned Single Judge of the said Court on 3 April, 1995. 3. The defendants now seek leave to appeal from the said order on the ground that the High Court Division committed an error of law in setting aside the concurrent judgment and decree of the Courts below while according permissi..Category: Property Law | Date: | Hits: 77
Government of Bangladesh Vs. Paresh Chandra Gharami and others, 1998, 27 CLC (AD)
....the High Court Division. No point of law of public importance is involved in this case. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 70. ......ession of the plaintiff-respondents in the suit land, which have been maintained by the High Court Division, finds it difficult to assail the Impugned judgment of the High Court Division. No point of law of public importance is involved in this case. The petition is, therefore, dismissed. ..Category: Property Law | Date: | Hits: 73
Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprises Limited, 1997, 26 CLC (AD)
....e appeal is not well founded and liable to be dismissed. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 63. ......lid. The appeal was accordingly dismissed by the impugned judgment and order. 9. Leave was granted to consider whether the aforesaid findings of the High Court Division were contrary to facts and law applicable in the matter and further whether the award was otherwise vague and unenforceable and..Category: Alternative Dispute Resolution | Date: | Hits: 234
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ...... 4 writ petitions under Article 102(2) (b)(i) of the Constitution of the People’s Republic of Bangladesh alleging that the said children were being held in custody by the father Abdul Jalil without lawful authority and/or in an unlawful manner and further seeking an order for the custody of those ..Category: Family Law | Date: | Hits: 250
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. ......No.4 was added as a defendant by the trial Court. 6. The trial Court on consideration of the materials on record both oral and documentary held as follows: “I hold and decide that plaintiff lawfully entered into a contract of purchase of the suit land from defendant Nos. 1 and 2 by Ext. 1 ..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. ...... 1979 on 27-9-84, reversing the judgment and decree 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-..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. ......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 being a marriage in law and observance of essential ceremonies even though every aspects of the elaborate program of the..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. ....... These notifications have the precision of rules and are general in nature in their application to promotion to the posts of Joint Secretary and above and Deputy Secretary and they have the force of law…………..(42) The Constitution of Bangladesh, 1972, Articles 27, 29 (1) and 55 (4) (..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. ......atun, accused-respondent No. 3, who was divorced by him prior to his death and thereafter she married Md. Raihan Ali Khandker, accused respondent No. 1. Said Rashida Khatun claiming herself to be the lawful wife of Mojahar Ali Mollah claimed the said property left behind by Mojahar Ali and on 11-10-..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. ......il entering caveat for respondent No. 4 submitted the High Court Division correctly decided both the points, that of service of notice and grounds for attachment, upon following correct principles of law. 11. We are inclined to agree with Mr. Ahmed. As far as service of notice is concerned, we ..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. ......an order of reprimand in place of an order made by Tribunal No. 1 constituted under Bangladesh Bar Council debarring respondent No. 1 Mr. Khawja Abdul Gani, Advocate from practicing the profession of law before court for a period of five years for gross professional and other misconduct. 2. Mrs. ..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. ......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 not be unlawful for the Court to refuse such a prayer for issuance of summons. Lawyers Involved: Abdul..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. ......ion of the same. The High Court Division noticed this and set aside the appellate decision in view of the patent infirmity of reasonings of the appellate Court and in view of the settled principle of law that a judgment of reversal should advert to the findings and reasonings of the trial Court and ..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. ......dy received 90% of their compensation and only 10% remains to be paid. The Ministry of Land has never issued any order for release of the land of the petitioners. Consequently, the petitioners cannot lawfully claim for release of the land in question. 4. Mr. Abdur Razzaq, learned Advocate appeari..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. ......re in the plot to Abdul Hossain Sheikh and others. As a result, he had no subsisting interest for sale to the plaintiffs. The defendants have acquired the suit land from the daughters and daughter-in-law of Abbas Miji by purchase and they are in possession thereof. The suit land is unspecified and v..Category: Property Law | Date: | Hits: 83
Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)
....rom service on 18-5-79 he had obtained a passport in 1980 describing himself as a businessman and on the strength of the said passport which was renewed on 2-4-86 undertook a journey to India without amending the relevant column of the passport meant for describing the profession of the passport hol......angladesh Shilpakala Academy under Memo No. বাশি এ/বিভাগীয় মামলা নং-৫/১৬৩৩ dated 25-1-90 dismissing the said respondent from service was passed without lawful authority and of no legal effect. 2. Material facts of the case, briefly, are, that the ..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 ......Judge dismissed the suit by the impugned judgment dated 3-8-1998 on the view ‘that plaintiff has not in fact supplied the spare parts, provisions and provided laundry service in accordance with law and I very much doubt that if the plaintiff himself fabricated and/or manufactured those spare p..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
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