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Bangladesh AgriculÂtural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)
....st appellate court restored. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ..............................Appellant Vs. Md. Mannaf Hossain Khan and ors................................................. Respondents Judgment May 22, 1983. In case of impleading the corporation the requirement of law is that two months’ notice in writi..Category: Employment/Service Law | Date: | Hits: 63
Abdus Salam MasÂter alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....find anything to interfere with the order of the High Court Division refusing to quash the proceedÂings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ......another…………...........Appellants Vs. The State..............................Respondent Judgment May 23, 1983. Result: The appeal is dismissed. The police registered a case and after investigation submitted Final Report. The Sub-Divisional Magistrate accepted the Fina..Category: Criminal Law | Date: | Hits: 79
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
....is view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. ...... Vs. Bangladesh & another…………...........…....Respondents Judgment July 24, 1983. The Trial Judge cautiously approached the case and on proper appreciation of evidence on record found that the Plaintiff proved the case and ..Category: Property Law | Date: | Hits: 30
Md. Tabibur Rahman Mollah Vs. Md. Sayedur Rahman & ors., 1984, 13 CLC (AD)
....High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ......essore, for ejectment of the appellant and recovery of khas possession of the suit land. The suit land lies within the Jessore Municipal Area and it admittedly belongs to the plaintiffs. Their case is that the defendant-appellant was their monthly bharatia-tenant in respect of the structure..Category: Property Law | Date: | Hits: 39
Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
....early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ......1.83 passed by the learned Metropolitan Magistrate. The learned Sessions Judge after hearing the revisional application rejected it with a direction to the learned Magistrate to dispose of the case in accordance with law. 7. The 2nd party respondent then moved the High Court ..Category: Criminal Law | Date: | Hits: 75
Tofazzal Hossain Shaikh Vs. Mir Md. Akand & others, 1984, 13 CLC (AD)
.... it is set aside. The case is remanded back to the High Court DiviÂsion for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ......cords and there is no legal bar in filing revisional applicaÂtion before the High Court Division by the complainant when the State does not prefer any appeal against the order of acquittal, even in "cases initiated on police report………………(10) Lawyers Involved: Abdul Malek, Senior..Category: Anti-Corruption Laws | Date: | Hits: 112
Abdul Karim Meah Vs. Arch Bishop, ChrisÂtian Missionaries and another, 1984, 13 CLC (AD)
....The impugned order of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 38. ...... the suit by amending the plaint. Amendment of the plaint may be allowed at any stage of the proceeding if it is found necessary to determine the real issues between the parties and if it is not a case of relinquished claim by suing afterwards..………….(6) La..Category: Civil Law | Date: | Hits: 87
Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)
....ith the order reverting the petitioner to his substantive post is, therefore, not open to exception. The petition for leave to appeal is accordingly dismissed." ......rmanent employee as defined under Article 177 of the Constitution of Pakistan 1962. 9. Mr. Moinul Hossain, Counsel for the appellant, solely relied upon the principles laid down in the case of Government of Bangladesh Vs Md. Ismail Hossain, 31 DLR (AD) 127 as the facts in that case ..Category: Employment/Service Law | Date: | Hits: 105
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ...... Judgment June 20, 1983. Result: The appeal is allowed. Courts-Adjudication of disputes by courts must conform to the law of country. When a litigant brings a case before the court he is entitled to a decision and adjudication of the dispute and such adjudica..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......cree has been executed simply because, for determining such a question no other forum has been provided in law particularly when no suit shall lie for this purpose. He has argued that in this case the objection under section 47 is not limited to the question of 'substitution' during the exe..Category: Others | Date: | Hits: 97
Bangladesh Jatiya Samabaya Bank Ltd. Vs. Sangbad Daily Paper and others, 1984, 13 CLC (AD)
....d not improve further. In the result therefore this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......d calling in question the executability of the Money decree passed in Money Suit No. 7 of 1955. Miscellaneous Case was allowed on contest and the learned Subordinate Judge struck off the execution case as time barred. Plaintiff appellant thereafter preferred the F.M.A. which was rejected summari..Category: Civil Law | Date: | Hits: 107
Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)
.... this appeal also. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ......The question is whether the question of benami transaction can be gone into and determined in a proceeding for pre-emption under section 96 of the State Acquisition and Tenancy Act, 1950. In both the cases, learnÂed respective Judges of the Single Bench of the High Court Division answered the quesÂ..Category: Property Law | Date: | Hits: 122
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
.... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ...... passed by the Sessions Judge, Pabna convicting the appellant under section 302 of the Penal Code and sentencing him to death by hanging in Sessions Case No. 20 of 1987. 2. The prosecution case, in short, is that accused Abdul Quddus had land on the eastern side of the house of informant..Category: Criminal Law | Date: | Hits: 58
AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
....courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed.......ersed and the suit dismissed by the impugned judgment. 6. Leave was granted to consider mainly whether the learned Judge of the High Court Division upon a correct appreciation of the facts of the case and the law, particularly sections 18(5) and 19(l)(a)(b) of the Premises Rent Control Ordinance..Category: Tenancy Law | Date: | Hits: 101
Chand (Md) Miah Sawdagar Vs. SMA Rahman, 1991, 20 CLC (AD)
....hall hand over the possession of the suit premises to the plaintiff-appellants within two (2) months from the date of this judgment failing which the decree will be enforced through Court. Ed. ......even any intention to shift from his sister's house and reside in the suit house. The High Court Division held that the learned SCC Judge did not commit any illegality in discarding the plaintiff s case of bonafide requirement. 8. Mr. TH Khan, learned Counsel for the plaintiff-appellants..Category: Property Law | Date: | Hits: 26
Jatin Chandra Sit and others Vs. The State, 1991, 20 CLC (AD)
....e is reduced to RI for 7 (seven) years. The sentence under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ...... the same but reduced the sentence under section 201 Penal Code to 3 (three) years. 2. Leave to appeal was granted to consider the only contention that in the facts and circumstances of the case, it is the second part of section 304 under which the appellant ought to have been found guilt..Category: Criminal Law | Date: | Hits: 51
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
.... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ......munication addressed by the Superintending Engineer to his higher authority, namely, the Additional Chief Engineer, with a view to obtaining advance sanction for the Contractor's claimed amount in case the department has to pay the claimed amount after a regular arbitration proceeding. In fact ..Category: Others | Date: | Hits: 88
Rafizuddin Ahmed Vs. Mongla Barman and others, 1991, 20 CLC (AD)
....f the High Court Division are set aside and those of the Court of appeal below are restored. In the result, the appeal is allowed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) 215. ...... suit for permanent injunction for restraining the defendants from entering into CS Plots Nos. 784 and 802 appertaining to CS Khatian No. 125 of Mouza Galtoir, PS Chirirbandar, District Dinajpur. His case is that the suit land originally belonged to Dinomoni Barmani who sold the land to her son‑in..Category: Property Law | Date: | Hits: 31
Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
....of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ......easuring 10 cubits x 7 cubits at Shaheb Bazar, PS Boalia, District Rajshahi. Ansar Ali is the tenant thereof as per an agreement dated 30.10.73 at a monthly rent of Tk. 45.00. The plaintiff’s case is that there was no agreement, oral or written, permitting sub‑letting of the suit prem..Category: Property Law | Date: | Hits: 30
Chairman, BCSIR, Dhanmondi, Dhaka & other Vs. Abdul Khaleque, 1991, 20 CLC (AD)
....its order because the impugned order of dismissal was not passed within the time‑frame of the 1984 Rules, the appellants had adopted as their own. The appeal is dismissed with costs. Ed. ......dustrial Research, in brief, the Council, Dhaka, dismissing the respondent, Md. Abdul Khaleque, from his service was without any lawful authority and of no legal effect. 2. The respondent's case is that since his joining the service of the Council on 5th December 1980 he has been discharg..Category: Employment/Service Law | Date: | Hits: 125
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