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Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)

....rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ...... in voting but not authorised by law, was not passed validly and legally because the composition of the Upazila Parishad meeting was not in accordance with law. ………………………(24 & 33) Cases Referred To- Namdeorao Madhavroa Thakre Vs. Dulaji Sitaram Patil 70 Bombay 843 Sukhdeo vs. ..

Category: Election Law | Date: | Hits: 128

Sona Mia Bepari & others Vs. Jamila Khatun & others, 1989, 18 CLC (AD)

....vidence in respect of the alleged sale of .02-1/2 deci­mals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113......ng upon allowing the parties to adduce further evidence in respect of the alleged sale of .02-1/2 deci­mals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113..

Category: Property Law | Date: | Hits: 33

S.M. Shahjahan Ali Tara Vs. State, 1989, 18 CLC (AD)

.... 1987. The appellant will remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112......m bail was granted by this Court on 24th August, 1987. The appellant will remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112..

Category: Criminal Law | Date: | Hits: 53

Iqbal @ Salim Vs. State, 1989, 18 CLC (AD)

....lant will contin­ue on the bail and realisation of fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 111 ...... bail, al­ready granted, is set aside. The appellant will contin­ue on the bail and realisation of fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 111 ..

Category: Criminal Law | Date: | Hits: 53

Abdul Jalil Vs. Bangladesh House Buil­ding Finance Corporation & another, 1989, 18 CLC (AD)

....im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109......rder, 1973 (P.O. No. 7 of 1973) against the appellant and his son for an order for sale of the scheduled mortgaged properly for realisation of the outstanding debt of Tk. 6, 83,657/70. The said Misc. Case was allowed ex-parte with cost on 3.5.1986. The appellant alleged that he came to know about th..

Category: Property Law | Date: | Hits: 30

Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)

....ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ......vil Appeal No. 93 of 1985. Judgement: Shahabuddin Ahmed J.— In this appeal by special leave the question raised is whether the plaintiff-appellant's suit for declaration that Vested Property Case No. 66 of 1978-79 is collusive and void has been dismissed on correct appreciation of law and f..

Category: Property Law | Date: | Hits: 75

Sanatannessa Bewa Vs. Haipatullah Sarker & others, 1989, 18 CLC (AD)

....The impugned order, therefore, does not call for any interference. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 105......ess litigation if the restora­tion is allowed. The impugned order, therefore, does not call for any interference. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 105..

Category: Procedural Law | Date: | Hits: 96

Soleman Miah & others Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors, 1989, 18 CLC (AD)

....dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104......claration of title and recovery of khas possession. The suit was decreed on 9.2,62. An appeal against the said de­cree was dismissed on 20.8.64. Respondent No. 1 then filed aforesaid Title Execution Case No. 68 of 1964. It is alleged that the respondent No. 1 sold the suit property and the right un..

Category: Civil Law | Date: | Hits: 106

Hazi Waziullah Vs. Additional Deputy Com­missioner, Revenue, Noakhali, 1989, 18 CLC (AD)

....d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ......ring other evidence and circumstance including the previous judgement. An amicable partition between brothers-co-sharers need not be affected by a registered instrument. …………(14 & 15) Cases Referred to- Malik Din v. Mohammad Aslam, 21 DLR SC 94, Tepu Khan v. Rajani Mohan Das, 2 CW..

Category: Procedural Law | Date: | Hits: 146

Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)

.... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ......ew of law reversed their decision and thus the appeal is allowed and the order of the High Court Division be set-aside and of the trial court and the Appellate court be restored…………….(10) Cases Referred to- Robert Watson & Co. v. Ram Chand Dutta and others, 18 ILR, Cal. 10, Abdul Gani..

Category: Others | Date: | Hits: 106

Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)

....Court Division and the Appellate Court below. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ......d to prove uninterrupted enjoyment of the pathway claiming no title over there. The claim for customary right must be established on cogent grounds that is long standing customs. ………(14 & 15) Cases Referred to- Shiv Dyal Vs; Ram Das AIR 1926 Lah. 473, Karinan Ilahi vs. Ghulam Mustafa AIR ..

Category: Property Law | Date: | Hits: 36

Nazir Ahmed Vs. Bangladesh Election Commission & others, 1988, 17 CLC (AD)

....his appeal is allowed without any order as to cost. The judgment and order of the High Court Division is set aside and writ is recalled. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 87 ......ourt Division was erroneous. In the result, this appeal is allowed without any order as to cost. The judgment and order of the High Court Division is set aside and writ is recalled. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 87 ..

Category: Election Law | Date: | Hits: 110

A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)

....rting with these cases, we would like to put on record our appreciation for the valuable as­sistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ......sdiction (coram non-judice) or malice in law to challenge any step in the process of election including an order passed by the Election Commission under Rule 70…………………..(48 & 49) Cases Referred to- AIR 1952 (SC) 64; 15 DLR (SC) 283; 19 DLR (SC) 316; 1986 BLD (AD) 267; 19 DL..

Category: Election Law | Date: | Hits: 165

Executive Engineer, Pub­lic Health, Barisal Divi­sion Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)

....period of the plaintiffs unauthorised absence from 21.6.75 to 25.4.77. We uphold the appellate Court's order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64......during the period of such discharge may be sit off because he cannot serve any other master or engage in any other business without the permission of the Government……………………(7)   Cases Referred To- Saleh Ahmed vs. Bangladesh 36 DLR (AD) 1984 P. 26; North-West Frontier Provinc..

Category: Employment/Service Law | Date: | Hits: 103

Gopal Chandra Shah Vs. The Deputy Commission­er, Sunamganj & another, 1989, 18 CLC (AD)

.... by the Deputy Controller by his order dated 26.2.85. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 60. ...... manner as at present by the backdoor as arranged by the Deputy Controller by his order dated 26.2.85. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 60. ..

Category: Others | Date: | Hits: 125

Sheikh Abdus Sabur Vs. Returning Officer, District Education Officer-in-Charge, Gopalganj & others, 1988, 17 CLC (AD)

....the learned Attorney-General for making available all the books cited by the parties in this case. For the reasons, the appeal fails. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 30 ......e, 1983 for being a defaulter of financial institutions including a bank in the absence of such disqualification for a member of the Parliament is not discriminatory but is constitutionally valid. Cases Referred to- AIR 1971 SC 530 (564); Southern Rly Co. V. Greane, 216 U.S. 400; Smt. Indira G..

Category: Election Law | Date: | Hits: 212

Shambhu Nath Saha Vs. Alfazuddin Ahmed & others, 1989, 18 CLC (AD)

....re existed no relationship of landlord and tenant between the parties. The appeal is, accordingly, dismissed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 27...... made by the trial court that the defendant was a tenant under the plaintiff the defendant cannot evade ejectment as a tenant from the suit premises. Thus the appeal is dismissed…………(10&11) Cases Referred to- Amar Chandra Saha vs. Ajit Kumar Das, 33 DLR (AD) 37. Lawyers Involved: ..

Category: Others | Date: | Hits: 96

Bangladesh Sericulture Board & another Vs. Md. Fazlur Rahman Akunjee & another, 1989, 18 CLC (AD)

....instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25......st hold that the exercise of discretion in the instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25..

Category: Employment/Service Law | Date: | Hits: 89

Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)

....s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8......n take benefit of this provision for filing a suit it is quite understandable that this benefit will be available to make an application for addition of parties to the suit………………….(9) Cases Referred to- Official Receiver and Official Liquidator, Pass Bank Ltd. Vs. Nabadwip Chandra..

Category: Banking Law | Date: | Hits: 103

Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)

.... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first ap­pellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ......d his jurisdiction under section 100 C.P.C. and unnecessarily interfered with the decision of the lower appellate court. The impugned Judgment is thus not sustainable in law…………(6 & 9) Case Referred to- Erfan Ali V. Joynal Abdein Mia, 1983 BLD (AD) 342. Lawyers Involved: Rafi..

Category: Property Law | Date: | Hits: 46