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Akhtar Banu Vs. Habibunnessa and others, 1996, 25 CLC (AD)
....y, a legal representative of a deceased party in a suit, if brought on record by substitution in any ancillary or related proceeding arising out of the suit, the substitution of the party will hold good for the suit as well and no fresh application to bring the legal representative of the decease......fendant No.4 had died and accordingly filed Miscellaneous Case No.25 of 1969 on 28-8-69 for substitution of his heirs after setting aside abatement. The learned Subordinate Judge, however, suo mow recorded the abatement of the suit as a whole by his order dated 10-9-69 o account of the death of......o cost. The impugned judgment and order are set aside. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 298, 48 DLR (AD) (1996) 164 ..Category: Property Law | Date: | Hits: 70
Abdul Mazid Howlader & another Vs. Lahajuddin Howlader & others, 1996, 25 CLC (AD)
....pplication for pre-emption is disallowed. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 302, 48 DLR (AD) (1996) 160 ...... respondent Nos. 2-7 by a kabala deed registered on 27-6-70 at Bauphal Sub-Registrar’s Office under District Patuakhali. The proceeding land originally belonged to one Mahendra and correctly recorded in his name in the State Acquisition Khatian Nos.600 and 697. The said Mahendra sold the ......pplication for pre-emption is disallowed. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 302, 48 DLR (AD) (1996) 160 ..Category: Property Law | Date: | Hits: 60
Wazed Ali Sardar (Md) Vs. Md. Afsaruddin Sardar and others, 1996, 25 CLC (AD)
....igh Court Division is liable to be set aside. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 159 ......s which were served upon the defendants were mentioned in the firisti there was no mention of the summons upon the appellant in the firisti. The learned Subordinate Judge noticed that though it was recorded in Order No.89 dated 25-3-1976 by the Subordinate Judge, Khulna that the appellant appear......ether the High Court Division was justified in interfering in revision with a finding of fact made by the trial Court in a proceeding under Order IX rule 13 of the Code of Civil Procedure as to non-service of summons upon the appellant. 2. Respondent No. 1 tiled Title Suit No.5 1 of 1970 ..Category: Procedural Law | Date: | Hits: 133
Jahangir Kabir (Md) Vs. BD, represented by The Secretary, Ministry of Home Affair, 1996, 25 CLC (AD)
....ed on his prayer. The present case before us is just the reverse. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 156 ......l and without jurisdiction. 7. In the case of Hasina Mawla 45 DLR 112 the learned Judges of the High Court Division held that the Parjatan Corporation failed to establish on the materials on record that she requested the Corporation to retire her from service owing to her ill health and al......was framed against under Rules 3(b) and 3(d) of the aforesaid Rules, is alleged corruption and misconduct by a Deputy Secretary, Ministry of Home Affairs, alleging the appellant entered into service showing that he passed BA Examination, but, in fact, he did not pass the BA Examination. Th..Category: Administrative Law | Date: | Hits: 138
Abul Bakar Siddique (Md) Vs. Additional Deputy Commissioner, Kurigam and others, 1996, 25 CLC (AD)
....the impugned judgment and order of the learned Single judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 154 ......akpur mouza is false and, as such, the Suit 15 liable to be dismissed as the school of the defendants is a separate school. 4. The learned Assistant Judge on consideration of the evidence on record found, inter alia, that Bhadrapara Adarsha Non-Government Primary School is situated at Bhad......the impugned judgment and order of the learned Single judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 154 ..Category: Property Law | Date: | Hits: 63
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
.... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ...... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ...... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ..Category: Business or Commercial Law | Date: | Hits: 151
ADC (Revenue), Pabna Vs. Md. Abdul Halim Mia, 1996, 25 CLC (AD)
....d and the respondents Execution Case No.5 of 1977 is dismissed as being barred under section 48 CPC. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 126, 48 DLR (AD) (1996) 141 ......d and the respondents Execution Case No.5 of 1977 is dismissed as being barred under section 48 CPC. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 126, 48 DLR (AD) (1996) 141 ......d and the respondents Execution Case No.5 of 1977 is dismissed as being barred under section 48 CPC. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 126, 48 DLR (AD) (1996) 141 ..Category: Civil Law | Date: | Hits: 133
Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)
....able in law. For the reasons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ......iff merely saying that the defendant admitted that the plaintiff had purchased the suit premises for bona fide requirement. Except the oral assertion of the plaintiff there is no other evidence on record with regard to the nature of requirement of the plaintiff for the Suit premises. The defenda......able in law. For the reasons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ..Category: Property Law | Date: | Hits: 52
Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
....o cordial that at the time of realisation of rent he used to give receipts at times and at times he did not give any rent receipt. Exhibits “Kha” and “Gha” are indicative of good relationship between the parties. Hence non-filing of the rent receipts by itself will not be......89 and since then he has been depositing the rents to the Court and the question of default does not arise at all. 4. The learned Subordinate Judge found on consideration of the materials on record, both oral and documentary, that the defendant paid rent upto August, 1975 and filed rent re......case the defendant took no such proceeding. The trial Judge further found that the plaintiff requires the premises for reconstruction of his multi-storied building and for setting up other utility services such as, installation of new gas, water, sewerage lines. On the above findings the suit wa..Category: Property Law | Date: | Hits: 56
Mahmudul Haque (Md) Vs. Md. Hedayetullah and others, 1996, 25 CLC (AD)
....t jurisdiction in interfering with a parliamentary election process. The appeal is allowed without, however, any order as to costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 128. ......enied that he was less than 25 years of age on the date of filing the nomination paper and further asserted that he was aged about 25 years 3 months and 16 days on 1-1-95 even on the basis of his age recorded in the voters list, produced before the High Court Division by the writ petitioner. In supp......t jurisdiction in interfering with a parliamentary election process. The appeal is allowed without, however, any order as to costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 128. ..Category: Election Law | Date: | Hits: 129
Abdul Wadud Contractor and another Vs. Nazir Ahmed and others, 1996, 25 CLC (AD)
.... that prayer for the proposed amendment of the plaint. The appeal is, therefore, dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 120 ...... that prayer for the proposed amendment of the plaint. The appeal is, therefore, dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 120 ...... that prayer for the proposed amendment of the plaint. The appeal is, therefore, dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 120 ..Category: Property Law | Date: | Hits: 52
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
....levant law applicable thereto. The learned Single Judge was so much swayed that in rejecting the plaint he also observed that the plaint should be rejected as it is barred by law and on equity and good “conscious”. The phrase “equity and good conscious” are not in O......f legal acumen and hence the same is set aside. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 134 ......f legal acumen and hence the same is set aside. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 134 ..Category: Family Law | Date: | Hits: 162
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....emaining unchanged. In the result the appeal is allowed in part. No Costs. The trial Court’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ......emaining unchanged. In the result the appeal is allowed in part. No Costs. The trial Court’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ......emaining unchanged. In the result the appeal is allowed in part. No Costs. The trial Court’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ..Category: Family Law | Date: | Hits: 198
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
....e provisions of sections 406/420 of the Penal Code at this stage. 11. The case of the other respondents was that they being the officials of the University only performed their official duties in good faith, that they had no knowledge about the EMTJ pumps not being mechanical engineers themselve......nt of any cheating/misappropriation or commission of the offence of criminal misconduct by them as alleged. 12. The learned Special Judge upon a consideration of the evidence and circumstances on record, by his judgment and order dated 4-10-90, convicted respondent Iqbal Hossain under sections 4......vision were just, correct and proper and caused no miscarriage of justice. In the result, therefore, all the appeals are dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 100. ..Category: Anti-Corruption Laws | Date: | Hits: 92
Abdur Rashid Sarker Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
....ed when Martial Law was in force. Hence there is no illegality in the impugned judgment. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 99 ......ed when Martial Law was in force. Hence there is no illegality in the impugned judgment. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 99 ......ent: Latifur Rahman J: Petitioner Abdur Rashid Sarker who was an Executive Engineer in Public Works Department, Ministry of Works was compulsorily retired from his service with all pension benefits by order dated 2-3-86. He challenged this order of compulsory re..Category: Administrative Law | Date: | Hits: 107
AGM, GM Office, Postal Life Insurance Dhaka and another Vs. Sheikh Mizanur Rahman, 1996, 25 CLC (AD)
....udgment and order of the Administrative Tribunal is restored. The appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 97 ......udgment and order of the Administrative Tribunal is restored. The appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 97 ......t him the said quarter but he was asked to vacate the same; that he was placed under suspension and an Enquiry Officer was appointed and on the basis of his report he was compulsorily retired from service on 20 that he preferred a departmental appeal on 11-8-85 but the same was dismissed and the..Category: Administrative Law | Date: | Hits: 122
Tafazal Ahmed Contractor Vs. Abdur Rahim and others, 1996, 25 CLC (AD)
....rred in law in affirming the judgment and decree of the lower appellate Court. In the result, the appeal is dismissed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 94. ......0 from defendant Nos. 1-3 and relinquished her right of redemption as per mortgage deed and the High Court Division itself having not considered the case of the respective parties and the evidence on record in this matter, the fresh finding of fact by the High Court Division is based on no evidence ......rred in law in affirming the judgment and decree of the lower appellate Court. In the result, the appeal is dismissed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 94. ..Category: Property Law | Date: | Hits: 63
Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)
....ich is not due to the landlord on account of any amenity, benefit or service rendered by him cannot be said to be included in term “rent”. The decisions relied upon by Mr. Moksudur Rahman, though good in principle, but do not help him in the facts of the present case. The landlord could complain......, therefore, the appeal is allowed without any order as to cost and the impugned judgment and order are set aside. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 141, 48 DLR (AD) (1996) 90 ......309. 17. In the first case one of the contentions raised was that the jurisdiction of the Rent Controller to fix the ‘standard rent’ of the ‘premises’ would not include any payment for the services rendered by the landlord appellant. A furnished flat was let out at a lump sum rent of Rs.1..Category: Tenancy Law | Date: | Hits: 82
Shamsul Islam & others Vs. Badiar Zaman alias Bablu and another, 1996, 25 CLC (AD)
....s of consanguinity from the donor. Hence the contention of Mr. Fazlul Karim cannot be accepted. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 88 ......ent and order discharged the Rule. 4. Although the deed dated February 19, 1980 has been described as a kabala the trial Court as well as the Appellate Court on the basis of the evidence on record, in particular, that of the scribe PW 2, concurrently found the deed in question to be a dee......s of consanguinity from the donor. Hence the contention of Mr. Fazlul Karim cannot be accepted. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 88 ..Category: Property Law | Date: | Hits: 56
Syed Mohammad Hashem alias Hashim Vs. State, 1996, 25 CLC (AD)
....discharging the Rule upon an erroneous view of the law. 6. It must be said that the submission that the view taken by the High Court Division is not based on any principle or precedent has a good deal of force. We shall examine the correctness of the said view more fully on an appropriate ......se. Since we are satisfied that no interference is called for on the merit of the case, the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 87 ......se. Since we are satisfied that no interference is called for on the merit of the case, the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 87 ..Category: Criminal Law | Date: | Hits: 71
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