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Abdul Jabbar Dakua Vs. Kanchan Ali Sikder and others, 1989, 18 CLC (AD)
.... the reasons stated above, the appeal is allowed and the impugned judgment and order are set aside. There will be no order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 101. ......Division to direct the Election Commission to dispose of the application of the respondent who missed the bus due to ……………….and it is well known delay not only defeats justice but in some cases it defeats rights also. Lawyers Involved: S.S. Haldar, Senior Advocate, instructed..Category: Election Law | Date: | Hits: 112
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ......in P.S. Motijjheel, for the Railway Board. Plaintiff-respondents' 6.4650 acres of land had also been acquired and included in the total of more than 70 acres of such acquired land. The facts of the case have grown pretty tong as the plaintiffs are campaigning from 1963 with the only grievance that..Category: Property Law | Date: | Hits: 38
Ahsan Sarfun Nur @ Mukul others Vs. Nurul Islam Sarder and another, 1989, 18 CLC (AD)
....ugned judgment and order are set aside. Let Criminal Revision No. 180 of 1986 be heard and disposed of afresh in accordance with rules. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 90. ......ion under section 439 of the Code of Criminal Procedure against an order of acquittal involving an offence punishable with sentence of imprisonment exceeding one year. 2. Material facts of the case, briefly are, that the accused-appellants and respondent No. 1 are neighbours residing at 43/8 ..Category: Criminal Law | Date: | Hits: 40
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ...... the Ordinance, generally speaking is well in accord with the settled principle governing exercise of discretionary jurisdiction under Article 102 of he Constitution. Even so the facts of the present case as revealed are such that it is found plainly difficult to sustain the ultimate order refusing ..Category: Property Law | Date: | Hits: 54
Moulana Abdul Matin Vs. Oli Ullah Khan and ors., 1990, 19 CLC (AD)
....gement and order of the High Court Division, passed in Writ Petition No. 264 of 1988, is set aside and the Writ is re-called. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 76. ......erved: "This only shows that there were enough materials in the hands of the Election Commission on 13.6.88 to declare the petitioner as the elected Chairman of the concerned Union Parishad. The case of the petitioner that the Presiding Officer and The Returning Officer after counting the vot..Category: Election Law | Date: | Hits: 111
Serina Begum and anr. Vs. Mofizul Islam and others, 1989, 18 CLC (AD)
....rayer. The High Court Division was correct in taking the view. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 77. ......gment Badrul Haider Chowdhury J.-This appeal by special leave is directed against the judgment and order of the High Court Division in Civil Revision No. 438 of 1983. 2. It is a pre-emption case. Pre-emption Miscellaneous Case No. 160 of 1974 was instituted under section 96 of the Stat..Category: Property Law | Date: | Hits: 32
Aftabuddin Vs. Mahfuzus Sobhan & ors., 1990, 19 CLC (AD)
....ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ......ents Judgment February 7, 1989. Result: The Appeal is allowed. The Specific Relief Act, 1877 (I of 1877), section 55 Where the use of property is permissive and not as of right no case is made out for injunction far less a question of mandatory injunction. The obligation referred..Category: Property Law | Date: | Hits: 30
Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)
....pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......ul Haider Chowdhury J.- In this petition for special leave the question is whether the Courts below were correct in refusing the prayer for ad interim injunction in the facts and circumstances of the case. 2. Facts in brief are as follows: — Plaintiffs filed a suit being Title Suit No. 88 of 19..Category: Civil Law | Date: | Hits: 130
Mohammad Julfikar Vs. Abul Kalam Chowdhury and ors, 1989, 18 CLC (AD)
....ms. In view of the above, we dismiss both the appeals, Civil Appeal No. 40 of 1989 and Civil Appeal No. 61 of 1989. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ...... No. 40 of 1989 has contended that in view of the decision reported in 38 DLR (AD) 172 and clear provision of section 24 of the Code of Civil Procedure later enactments need not be examined in this case. He has drawn our attention to the following from Maxwell's Interpretation of Statutes (Twelfth..Category: Election Law | Date: | Hits: 125
Reazul Hoque Molla Vs. Afizullah Mollah @ Shafiuddin Molla & others, 1989, 18 CLC (AD)
....the submission made by the learned Advocate for the appellant. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 74.......High Court Division was justified in setting aside in revision the order of the Assistant Judge allowing a Miscellaneous Case under Order 9, rule 13 of the Code of Civil Procedure. 2. Facts of the case, briefly, are that the respondent-plaintiff instituted Title Suit No.34 of 1982 in the Court of..Category: Procedural Law | Date: | Hits: 88
Shah Alam Mollah (Md) Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & others, 1989, 18 CLC (AD)
....pellant. In any view of the matter, there is no merit in this appeal which is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 73. ......i and direct a fresh poll on the prayer of the appellant. In any view of the matter, there is no merit in this appeal which is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 73. ..Category: Election Law | Date: | Hits: 125
Moslema Khatun and others Vs. Ishaque (Md) and others, 1989, 18 CLC (AD)
....ns taken or to be taken by the parties including defendant No. 5. The appeal is accordingly disposed of without any order as to Cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 72. ......ose the same. 2. Leave was granted to consider whether the High Court Division was right in passing the final order without issuing any rule giving opportunity to the appellants to represent their case. 3. It appears that the respondent No.1 complained in his revisional application that the..Category: Procedural Law | Date: | Hits: 94
Nurul Islam (Md) Vs. Election Commission & others, 1989, 18 CLC (AD)
....gment and order of the High Court Division, passed in Writ Petition No. 1120 of 1988, is set aside and the writ is re-called. No costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 71. ...... contends that the High Court Division was misled by the alleged reports of the Presiding Officer and the Returning Officer. He reiterates what he had asserted before the High Court Division. His case is that the election could not be held in Rajanagar Primary School centre; that as there was se..Category: Election Law | Date: | Hits: 114
Republic of Pakistan (Now Bangladesh) Vs. A.N.M. Serajul Haque, 1989, 18 CLC (AD)
....sion without taking into consideration effect of Exhibit A. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ......g reputation of being corrupt. 2. In the event of his conviction in the legal proceedings, if any, to be instituted hereafter the liability for payment of pension or proportionate pension as the case may be would be reconsidered and the Government may forfeit the entire pension or part thereo..Category: Employment/Service Law | Date: | Hits: 80
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
....urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ......missed. The Limitation Act, 1908 (IX of 1908), section 13 and Article 113 No date having been fixed for performance of the contract, the second part of column 3 of Article 113 will apply to the case i.e. time will begin to run when the plaintiff has notice that performance is refused. The suit..Category: Procedural Law | Date: | Hits: 132
S.M. Khaliur Rahman and others Vs. State, 1989, 18 CLC (AD)
....for quashing the proceedings is found to have been rightly refused by the High Court Division. In the result the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 62. ......private defence of property. The learned Judges of the High Court Division rejected these grounds and refused to quash the proceedings, by their order dated 17 November 1985, in Criminal Revision case No. 225 of 1984. 2. The criminal proceeding has been taken in G. R. Case No. 287 of 1984 in ..Category: Criminal Law | Date: | Hits: 39
The Dhaka Dyeing and Manufacturing Co. Ltd. Vs. Agrani Bank, 1990, 19 CLC (AD)
....d and disposed of by 30th November, 1989. 8. With the above observations, this appeal is disposed of without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 60 ......nding in the 1st Commercial Court, Dhaka be tried and disposed of by 30th November, 1989. 8. With the above observations, this appeal is disposed of without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 60 ..Category: Banking Law | Date: | Hits: 99
Hara Kumar Kapali alias Bepari Vs. Sreemati Sundari Kapali and others, 1989, 19 CLC (AD)
.... of a modern progressive Society, an educational institution is regarded as a temple of learning. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 59. ...... of a modern progressive Society, an educational institution is regarded as a temple of learning. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 59. ..Category: Family Law | Date: | Hits: 157
Hafizuddin Sarker and Lakjan Bewa Vs. Bangladesh and others, 1989, 18 CLC (AD)
.... Judge of the High Court Division was correct in taking the view. This appeal is, therefore, dismissed without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 57. ......laration of title failed not primarily because it was not by the proviso to section 42 of the Specific Relief Act (for want of future relief) but because the plaintiff failed to prove totality of his case including his title and hence his later suit for declaration of title and recovery of possessio..Category: Property Law | Date: | Hits: 35
Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)
....bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ......he Plaintiff has claimed his share on the basis of his purchase from defendant No. 2 Abedulla by two registered kabalas dated 5.2.74 and 15.2.74. Let us see, briefly, how the plaintiff has stated his case in the plaint with reference to the records of right—C.S. and S.A—and whether defendants ha..Category: Property Law | Date: | Hits: 32
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