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Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)
.... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ......t for sale by the contracting party as well as by the subsequent transferee of his interest.” 7. A Division Bench of the Allahabad High Court, on the other hand, took a different view in Kali Charan Singh and another vs. Janak Deo Singh and others, AIR 1932 All 694, Sulaiman, C..Category: Property Law | Date: | Hits: 73
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 ......cases of the House Building Finance Corporation for realisation of loan cannot be tried by the Artha Rin Adalat and if it is done, it will be wholly without jurisdiction. 17. The view expressed by the High Court Division overlooks the provision of section 3 of the Act and does ..Category: Business or Commercial Law | Date: | Hits: 117
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 ......ut a prayer for khas possession the suit was barred under section 42 of the Specific Relief Act. In arriving at his decision the learned Munsif considered the material evidence on record keeping in view the principles governing the determination of the question whether a transfer is a benami tra..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 ......ith section 95A of the State Acquisition and Tenancy Act which was dismissed. The appeals filed by the unsuccessful respondents were allowed by the Additional Deputy Commissioner, Bakerganj. Upon review at the instance of the petitioners the said orders were set aside. Respondent Nos. 1 and 2 too..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 ....... If the plaintiffs have no claim of title to the southern portion of the suit plot they cannot maintain their suit for partition without praying for declaration of title to the whole plot. In any view of the matter the order of remand has made confusion worse confounded because the lower appell..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. ...... learned Judge of the High Court Division in the facts and circumstances of the case erred in not condoning the delay on the cogent reasons shown by the appellant and to consider the case on merit in view of the fact that the ingredients of offence under section 405 of the Penal Code i.e. criminal b..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 ...... 6. Being aggrieved the contesting defendant preferred an appeal being First Appeal No. 59 of 1981 to the High Court Division. After a hearing the learned Judges of the said Court took a view that the plaintiff did not set up any case of acquisition of title to the suit land by advers..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 ......d an application under section 16(3) (a) praying for monthly instalment of the attachable portion of 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 ..Category: Family Law | Date: | Hits: 144
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
.... in taking the view that the appellant had no existing right to invoke Article 102 against the order of redemption on the date the Martial Law was withdrawn and, as such, allowed itself to pass an erroneous decision in the matter. 13. Mr. Md. Roushan Ali, learned Advocate for respondent N......of the previously abated writ petition and, as such, the impugned order cannot be questioned on the ground of voidability of the original order against which no fresh writ petition lies. Upon such view of the matter the writ petition was rejected summarily. 10. Apart from the ques..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 ...... in the voter list and, as such, they are necessary parties in the instant proceeding. They have also filed an application for vacating order of stay granted by this Division on 18-12-94. In view of our order passed in the leave petition both the petitions for addition of parties as well a..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 ...... was given to him on account of traveling expenses. Thereafter, by the above mentioned Memo he was further directed to deposit the rest of the money in Bangladesh Bank. He was unsuccessful in the review preferred to the President. Thereafter he filed the above mentioned case in the Administrativ..Category: Administrative Law | Date: | Hits: 149
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
....; High School. 21. In view of the discussion above, we arc clearly of the opinion that the question raised in the appeal has been wrongly decided by the High Court Division relying quite erroneously upon the decision, 14 BLD (HCD) 488, which is again based upon a misinterpretation and ...... Intermediate and Secondary, Education does not change the said High School into a Government High School. The appellant stated that the allegation as to his disqualification was made upon a wrong view of the law. He was elected Chairman of the said Union Parishad in 1973, 1977, 1983 and 1992 an..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 ......al Code. 2. One Mokhlesur Rahman lodged a First Information Report on 7-11-86 against the accused- respondents alleging, inter alia, that on 6-11-86 at about 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. Acc..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 ......elivery of judgment by the Special Martial Law Court but it appears that judgment was not delivered and on 9-2-85 the case record was sent to the court of the Sessions Judge, Chandpur for trial in view of a notification dated 15-1-85 of the CMLA’s Secretariat whereupon ST Case No. 8 of 198..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 ......initially raised in this appeal was, whether the Comptroller and Auditor General of Bangladesh was the competent authority to pass the order of removal of the respondent from service on 25-9-78. In view of this main issue, the learned Additional Attorney-General urged before us two grounds, name..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. ......e. Reasons why? Brother Mustafa Kamal J. in particular has elaborately set them out in his judgment in the historical and constitutional perspective with which I agree entirely. 4. The liberalised view as expounded by my brother is an update, if I may say so, of the liberalisation agenda which wa..Category: Constitutional Law | Date: | Hits: 450
Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)
....rcumstances of the case. 4. Mr. PC Guha, learned Advocate appearing for the appellants, submitted that the trial Court upon misconception of the provisions of sections 151 and 152 CPC erroneously rejected the appellants application dated 31-1-88 without even assigning any reason th......e appellants did not take any step for noting down their names in place of the deceased plaintiff either in the record of Miscelleneous Case or in the original suit, and as such the trial Court in view of the provisions of Order XX rule 3 C.P.C. rightly rejected their application and that the le..Category: Property Law | Date: | Hits: 88
Shahinur Alam (Md) Vs. People’s Republic of Bangladesh and others, 1998, 27 CLC (AD)
....he submission of the learned Advocate. No case for leave has been made out. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 211. ......petitioner from service with effect from 11-4-88 under Rules 4(3)(d) of the aforesaid Rules, 1985. On 18-3-89, the petitioner filed an application to the Hon’ble President of Bangladesh for reviewing the order of the dismissal from service and the same was rejected. Thereafter on 31-10-89 ..Category: Administrative Law | Date: | Hits: 133
Nur Begum Vs. Dr. Yusuf Ahmed & another, 1998, 27 CLC (AD)
....e plaintiff. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 210. ......e plaintiff. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 210. ..Category: Property Law | Date: | Hits: 71
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....consideration of the materials on record, found that some form of fraud had been practised upon the court in getting the said ex parte decree, illegally refused to set aside the same upon taking an erroneous view that the Misc. Cases were barred by limitation. Mr. Hussain finally submitted that t......ion of the materials on record, found that some form of fraud had been practised upon the court in getting the said ex parte decree, illegally refused to set aside the same upon taking an erroneous view that the Misc. Cases were barred by limitation. Mr. Hussain finally submitted that the High C..Category: Property Law | Date: | Hits: 76
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