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Solaiman (Md) Vs. Sufia A. Alam being dead, her heirs Narjesa Rahamatullah & ors., 1995, 24 CLC (AD)
....he learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ......notice under section 106 of the Transfer of Property Act may be dispensed with. ……………….(6) Case Referred to- Muhammad Islam Khan vs. Cantonment Board, 1982 Supreme Court Monthly Review 1956. Lawyers Involved: SR Pal, Senior Advocate, (B Hossain, Advocate with him), instr..Category: Tenancy Law | Date: | Hits: 78
Nurul Huq alias Md. Nurul Hoque Vs. State, 1997, 26 CLC (AD)
....nd justly upheld the judgment of the trial Court. We find no reason to interfere therewith. This petition is therefore dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 88. ......nd justly upheld the judgment of the trial Court. We find no reason to interfere therewith. This petition is therefore dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 88. ..Category: Criminal Law | Date: | Hits: 95
Shahajadpur Central Co-operative Bank Ltd. Vs. Majibur Rahman and others, 1997, 26 CLC (AD)
....laintiff’s application for amendment of the plaint is allowed. The trial Court shall proceed with the suit in accordance with law. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 86. ......pecific date of dispossession and that the order of return of the plaint being an appealable order, the revision itself was incompetent. 7. Leave was granted to consider, first, as to whether in view of the provision of Order VI rule 17, CPC the learned Judge was justified in holding that in th..Category: Property Law | Date: | Hits: 83
Enjaheruddin Mia alias Md. Enjaheruddin Mia Vs. Mohammad Hossain and others, 1998, 27 CLC (AD)
.... appellate Court. The impugned judgment of the High Court Division thus, does not call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 84. ......y, he could not do so as he was killed by the miscreants during the war of liberation of Bangladesh in 1971. Defendant No. 1 upon taking advantage of such wrong recording in the SA Khatian and with a view to grabbing the property of the disputed jote including the suit land had fraudulently created ..Category: Property Law | Date: | Hits: 93
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. ......el for the petitioner on this point. 12. With regard to the question whether there has been any non-compliance with the provisions of article 51(2) of the Order, the High Court Division is of the view that the requirements of the said article have been fully met. Regard being had to the reliefs ..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. ......s period that the office or the Bohmong Chief is a political office. If it is so, then the office will fall vacant at the change of each Government which will appoint a new Chief according to its own view of suitability. The office of Bohmong Chief is a customary office and both the Government and t..Category: Civil Law | Date: | Hits: 203
Moon Garments Industries and others Vs. Janata Bank, 1997, 26 CLC (AD)
....inding of the High Court Division that the writ petition was misconceived. And so is this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 72. ...... deliver interrogatories under Order XI rule 1 read with section 151 of the Code of Civil Procedure. The learned Subordinate Judge by order dated 22-4-97 rejected the prayer of the defendant upon the view that the plaintiff was prepared with his papers. The suit having been set down for peremptory h..Category: Civil Law | Date: | Hits: 137
Bangladesh Vs. AM Mansur Ahmed & others, 1997, 26 CLC (AD)
.... without any order as to costs and the orders of the Administrative Tribunal and the Administrative Appellate Tribunal be set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 65. ......sal from service under rule 4(5) and none else. The disciplinary authority with proper approval awarded him penalty of compulsory retirement. The tribunals below had no reason to take further lenient view of imposing the penalty and reducing the punishment………(8) Lawyers Involved: AW B..Category: Administrative Law | Date: | Hits: 145
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. ......to return the children to the lawful custody petitioner (mother). According to established law, it is in the interest and welfare of the children to be in the custody of their mother, particularly in view of the fact that respondent No.1 was prone to recurring violence and abuse and further that the..Category: Family Law | Date: | Hits: 250
Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)
....is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Section 115 The material evidence not being properly considered by the lower Appellate court as final court of fact, resulting in an erroneous decision, in that context the learned single Judge in his revisional jurisdiction rightly ......n considered by the lower appellate Court as a final Court of fact has not been considered. Such non-consideration of the material evidence has resulted in an erroneous decision in this case. In that view of the matter, the learned Single Judge as a revisional court was within his jurisdiction to ho..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. ......consider the question of limitation as to whether the learned Single Judge of the High Court Division correctly decided the question of limitation on proper consideration of the evidence on record in view of the statement made in the plaint showing the date of knowledge to be on 19-2-77 and in view ..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. ......ourts, however, laid stress upon exchange of garlands between the plaintiff and the defendant in proof of marriage omitting to mention the other ceremonies attending the marriage. 10. Although in view of the stand of the defendant it seems hardly necessary to find whether the marriage in questio..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. ...... law…………..(42) The Constitution of Bangladesh, 1972, Articles 27, 29 (1) and 55 (4) (ii) Cabinet decision dated 3.11.91 (regarding allocation of 60 marks for ACR and 40 marks for interview) without publication in the official Gazette cannot be treated as guideline and it was not an e..Category: Constitutional Law | Date: | Hits: 185
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. ......n various organisations as contractors and they were trying to draw their bills mentioned in schedule I and that the defendants were trying to sell out their properties mentioned in schedule 2 with a view to defraud the creditors and to avoid the claim of the plaintiff. It was alleged that if the de..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. ......at after death of her husband on 13-8-84 her husband’s younger brother Obaidullah Humayun Kabir tried evict her with her two minor daughters from her husband’s house at 6, Hare Street, Dhaka with view to grab the house; that at this stage respondent No. 1 Mr. Khawja Abdul Gani who is also cousin..Category: Others | Date: | Hits: 105
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. ......e 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 was justified in interfering with the judgement of the appe..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. ......t the Ministry of Land Administration gave a general direction to all the Secretaries of the Government that the unutilized land, if not required, may be released in favour of the original owners. In view of this instruction of the Government, the petitioners made a representation on 30-3-89 to the ..Category: Property Law | Date: | Hits: 81
Azizur Rahman alias Md. Azizur Rahman Vs. Bangladesh, 1997, 26 CLC (AD)
....beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ......ich gives jurisdiction to the Single Vacation Judge, who, if satisfied that an order of a regular Division Bench passed before the vacation has to be kept in abeyance during the period of vacation in view of the urgency of such interference, can exercise such jurisdiction which will not be without j..Category: Procedural Law | Date: | Hits: 138
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. ......ly found possession of the plaintiffs in the suit land. On the other hand the said court held that the defendants were in possession of their land as co-sharers of the joint property as well. In this view of the matter the appellate Court affirmed the judgment and the decree of the trial Court. ..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. ......ral is the appointing authority of the respondent and, as such, in spite of the adoption of the said resolutions the Parishad still continues to be the appointing authority of the respondent. In such view of the matter the resolutions have not in any way circumvented sub-rule (6) of rule 4 of the Ru..Category: Employment/Service Law | Date: | Hits: 145
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