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Gazi Rafiqul Islam @ Manzu Vs. Mosharaf Hossain & others, 2007, 36 CLC (AD)
....equently dispossessed but the trial Court dismissed the suit on the ground of defect of party but the appellate Court did not agree with the trial court on this point and held that the suit is not bad for defect of Party. Accordingly the appellate Court allowed the appeal and decreed the suit. ..Category: Property Law | Date: | Hits: 21
M/S. Meghna Dairy and Food Products Ltd. Vs. Commissioner of Customs and others, 2007, 36 CLC (AD)
....of tariff value as alleged, is an official business of the authority, unless and until there being any proof to show that it has been fixed violating any provision of Rule or law is otherwise bad in the eye of law as per Section 114(e) of the Evidence Act. Hence, this leave petition. ..Category: Fiscal/Taxation Law | Date: | Hits: 70
Nezma Khatun Chowdhury Vs. Abdul Khaleque, 2003, 32 CLC (AD)
.... this was not complied with, rather the respondent was depositing the rent in the account of the appellant's son Md. Ehtesham Ahmed Chowdhury in Pubali Bank, Mohila College Branch, Sylhet with bad motive. It was further alleged by her that the respondent is a defaulter as he did not pay the..Category: Property Law | Date: | Hits: 32
Fazor Ali Vs. Md. Marfat Ali and others, 2007, 36 CLC (AD)
....this civil petition for leave to appeal. 7. Nurul Islam Bhuiya, the learned Advocate-on-Record for the petitioners submits that the impugned judgment and order of the High Court Division are bad in law and fact. He further submits that the learned Judge of the High Court Division based his..Category: Property Law | Date: | Hits: 24
Sree Santash Kumar Sarker and another Vs. Sree Shanker Chandra Mondal and others, 2007, 36 CLC (AD)
.... by filing joint written statement denying all the material averments of the plaint and alleged that the suit is not maintainable in its present form, the suit is barred by limitation and also bad for defect of parties. The specific case of the defendant-opposite-party Nos. 1 and 2, in ..Category: Property Law | Date: | Hits: 26
Palash Kumar Saha and another Vs. Santosh Chandra Roy and others, 2007, 36 CLC (AD)
....e and by principle of adverse possession, whether the suit is valued and stamped properly; as to whether the plaintiff has got any right, title and interest over the suit land; whether the suit is bad for defect of parties; whether the plaintiff is entitled to get relief as prayed for and whethe..Category: Property Law | Date: | Hits: 23
Chairman, BD Freedom Fighters Welfare Trust & ors Vs. Mominul Haque Bhuiyan & ors, 2008, 37 CLC (AD)
....sels for the writ petitioners-respondents submitted that the action complained of was a motivated one and that the action impugned in the writ petitions was parochial as well as suffered from bad faith and, as such, the High Court Division was correct in declaring action of the Writ respon&..Category: Civil Law | Date: | Hits: 126
Mongal Sarder Vs. Md. Azahar Ali , 2006, 35 CLC (AD)
....ted by the defendant Nos. 1 and 2 by filing written statement denying the material averments made in the plaint and stating, inter alia, that the suit is barred by limitation and is also bad for defect of party and that land measuring 6.88 acres belonged to Sabjan Nessa and the S. A. ..Category: Property Law | Date: | Hits: 25
Shaymol Mitra Borua Vs. Bangladesh Government and others, 2008, 37 CLC (AD)
....n statement denying the material allegations as made in the application and specifically pleaded therein that the Appellate Tribunal case as filed by the petitioner is barred by limitation and bad for defect of party and as such the A.T. case is liable to be dismissed in limini; that defenc..Category: Administrative Law | Date: | Hits: 89
Bokkor alias Md. Bokkor Vs. State, 2008, 37 CLC (AD)
....dvocate for the petitioner and perused the evidence and other materials available in record. The critical analysis of the evidence on record, it appears that the prosecution successfully proved the bad relationship of the condemned-prisoner with the deceased inasmuch as she (deceased) was in the..Category: Criminal Law | Date: | Hits: 32
ACC and Others Vs. Sheikh Hasina Wazed and Others, 2008, 37 CLC (AD)
....uch as the High Court Division stepped outside its province by making the said observation. He further submits that the High Court Division committed an error of law by holding that "section 26(2) is bad in the eye of law" on the erroneous basis that the provision of punishment under section 26(2) "..Category: Anti-Corruption Laws | Date: | Hits: 144
Most. Bulbul Begum Vs. Mohammad Sanwar Belal and another, 2003, 32 CLC (AD)
....dants are the tenants of the suit premises and that defendant No.1's father did not take lease of the vacant land and the tenant did not construct any house in the suit premises; that the suit is not bad for defect of party; that the plaintiff is entitled to compensation at a rate TK.25/-per day fro..Category: Tenancy Law | Date: | Hits: 169
Wazed Ali Sheikh Vs. Must. Hazera Khatoon & Others, 2007, 36 CLC (AD)
.... filing a written statement contending, inter alia, that the plaintiff has got no cause of action to file the suit. The same is hit by section 42 of the S.R. Act. They also alleged that the suit is bad for defect of parties. Their case is total denial and inter alia case was that the defendant N..Category: Property Law | Date: | Hits: 26
Ministry of Information, BD Govt. & Others Vs. Jamuna Television Ltd & Others, 2008, 37 CLC (AD)
....system as a private Television channel and is only entitled to use satellite system and the petitioner had already deposited necessary fees for satellite system and as such the impugned orders are bad in law being issued without application of mind. 13. It is to be noted that the H..Category: Information Technology Law | Date: | Hits: 321
Bangladesh & Ors. Vs. Champak Kishore Roy, 2005, 34 CLC (AD)
....ading to the impugned order of retirement being taken when the writ petitioner was acting as a Magistrate in the Executive Branch, the High Court Division erred in holding that the proceeding was bad for want of consultation with Supreme Court as required under Article 116 of the Constitution ..Category: Employment/Service Law | Date: | Hits: 62
Md. Nasir Uddin Vs. Government of Bangladesh & Ors., 2005, 34 CLC (AD)
.....4 curtailing the part of the petitioner's area has been done without complying with the Rule 10 of the Muslim Marriage and Divorces (Registration) Rules, 1975 and as such the impugned judgment is bad in law and the same is liable to be set aside. 3. It appears that the petitioner was ap..Category: Constitutional Law | Date: | Hits: 108
Md. Asaduzzaman Vs. Kazi Abdus Sabur and others, 2007, 36 CLC (AD)
....ed 8.8.2000 of the Land Appeal Board was declared without lawful authority. 7. Mr. Md. Nawab Ali, the learned Advocate-on-Record for the petitioner submits that the impugned judgment and order is bad both in fact and in law and as such the same is liable to be set aside inasmuch as the petitio..Category: Property Law | Date: | Hits: 31
Md. Aftab Uddin Vs. Kosimuddin and others, 2006, 35 CLC (AD)
....sreading or non-consideration of the evidence. Since the finding of fact arrived at by the Court of facts were based on correct appreciation of the evidence or in other words was not bad for non-consideration or mis-reading of the evidence we are of the view the High Court Div..Category: Property Law | Date: | Hits: 24
Md. Hashmat Ullah Tapadar Vs. Md. Basel Khan, 2008, 37 CLC (AD)
.... heirs of his father. 3. The defendant-respondents contested the suit by filing a joint written statement denying the case of the plaintiff and contending, inter alia, that the suit is bad for defect of parties and not maintainable in its present form. Their case is that Iman Uddin T..Category: Property Law | Date: | Hits: 22
Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
....ng punishment and only the procedure being provided, the enactment giving its effect retrospectively for speedy trial and disposal of specified cases in the Court of justice cannot be regarded as a bad law. Referring to section 6 of the Ain, the learned Additional Attorney-General submitted that..Category: Criminal Law | Date: | Hits: 59