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Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)

.... title had not passed for want of consideration or otherwise to the subsequent purchaser and therefore the conveyance executed by the subsequent purchaser in favour of the plaintiff did not pass good title. In order to avoid all controversies of this sort that may be available it is proper th...... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ...... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ..

Category: Property Law | Date: | Hits: 73

Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)

....n Adalat—a proposition so obnoxious even Mr. Huq would not agree to own. Dr. Hossain, in our opinion, has rightly contended that merely because the word “is a generic term, there is no good reason, rather the reasons are against, to attribute a wide meaning to that word except that o......d calls for no interference. The appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 293, 49 DLR (AD) (1997) 80 ......d calls for no interference. The appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 293, 49 DLR (AD) (1997) 80 ..

Category: Business or Commercial Law | Date: | Hits: 117

Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)

.... “The judge, even when he is free, is still not wholly free he is not to innovate at pleasure. He is not a knight-errant roaming at will in pursuit of his own ideal of beauty or of goodness. He is to draw his inspiration from consecrated principles. He is not to yield to spasmod......did not examine any witness nor did she produce any evidence besides cross-examining PW 1. 5. The trial Court, on consideration of the facts and circumstance of the case and the evidence on record came to the conclusion that the right, tide and interest in the suit property had legally de......t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in:  1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ..

Category: Property Law | Date: | Hits: 82

Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)

.... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ...... found that without a prayer for khas possession the suit was barred under section 42 of the Specific Relief Act. In arriving at his decision the learned Munsif considered the material evidence on record keeping in view the principles governing the determination of the question whether a transfe...... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ..

Category: Procedural Law | Date: | Hits: 140

Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)

....f section 95 (4)(5) would apply to such transfers. A contrary view would clearly make the provision of section 95A nugatory and frustrate its purpose. In that view of the matter we find no good reason to differ from the view taken by the High Court Division in its judgment impugned befor......h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ......h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ..

Category: Property Law | Date: | Hits: 72

Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)

....not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ......nsferred malikana right to Ibrahim through Dhirendra on the basis of the power of attorney executed by him. Asia Khatun was a benamdar of Ibrahim. During the settlement operation the suit land was recorded in the name of Ibrahim. Thereafter Asia Khatun died and Ibrahim married defendant No. 3 Lu......not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ..

Category: Property Law | Date: | Hits: 77

Mohsin Mia Vs. Bangladesh, 1997, 26 CLC (AD)

....foresaid principles and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ......foresaid principles and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ......foresaid principles and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ..

Category: Constitutional Law | Date: | Hits: 149

Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)

....on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ......e case, and rejected the revisional application summarily on the ground of limitation only. Under Section 439 of the Code of Criminal procedure, the High Court Division may also suo motu call for the record of the courts subordinate to it and set aside any order passed by such courts in any legal pr......on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ..

Category: Criminal Law | Date: | Hits: 78

Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)

....laintiff had been in possession of the suit land since 1963 asserting his ownership openly within the knowledge of the true owner, namely, defendant No. 2 and that the plaintiff had acquired a good title to the suit land on the basis of his continuous adverse possession of over 12 years As a......sion, although on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ......sion, although on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ..

Category: Property Law | Date: | Hits: 72

Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)

.... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ...... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ......n-prosecution. Thereafter on 17-3-92 the respondent filed an application in the execution case, this time under section 16(5) of the Ordinance, praying for monthly instalment alleging that he was a service-holder and except his salary he had no other assets and as such, it would not be possible f..

Category: Family Law | Date: | Hits: 144

Abu Talukder Vs. Bangladesh, 1997, 26 CLC (AD)

.... The petition is dismissed but the order of payment of cost of Taka 2,500.00 to respondent No.  9 is deleted. Ed. This case is also reported in: 49 DLR (AD) (1997) 56 ...... The petition is dismissed but the order of payment of cost of Taka 2,500.00 to respondent No.  9 is deleted. Ed. This case is also reported in: 49 DLR (AD) (1997) 56 ...... The petition is dismissed but the order of payment of cost of Taka 2,500.00 to respondent No.  9 is deleted. Ed. This case is also reported in: 49 DLR (AD) (1997) 56 ..

Category: Criminal Law | Date: | Hits: 78

Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)

....d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ......rit petitions were filed. The cause of action for the writ petitions survived their abatement. In the case of the appellant’s Writ Petition No. 1070 of 1974 the formal order of abatement was recorded on 29 August 1990. It appears that upon receipt of the said order respondent No. 1 passed ......d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ..

Category: Property Law | Date: | Hits: 88

Abul Ahsan Vs. Administrator of Pabna Cham. of Com. & Ind. & anr, 1997, 26 CLC (AD)

.... decision. Accordingly, those petitions are disposed of as not being necessary for deciding the questions raised therein. Ed. This case is also reported in: 49 DLR (AD) (1997) 46 ...... decision. Accordingly, those petitions are disposed of as not being necessary for deciding the questions raised therein. Ed. This case is also reported in: 49 DLR (AD) (1997) 46 ...... decision. Accordingly, those petitions are disposed of as not being necessary for deciding the questions raised therein. Ed. This case is also reported in: 49 DLR (AD) (1997) 46 ..

Category: Procedural Law | Date: | Hits: 122

Kamrul Hasan Vs. Bangladesh and others, 1997, 26 CLC (AD)

....Act 1980 has an inherent authority to grant such stay of the order complained against, pending final adjudication in the matter.  4. The submission of the learned Advocate does not hold good in view of the fact that Article 117(1) authorises the Parliament to make law for the establis......having already been decided by this Division, the petition does not merit consideration and accordingly, it is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 44 ......ce pending disposal of the case. The learned Advocate further submitted that the Administrative Tribunal by virtue of its authority, contemplated under Article 117 of the Constitution for deciding service matters and in view of the provision of section 4 and 6 of the Administrative Tribunal Act ..

Category: Administrative Law | Date: | Hits: 149

Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)

....cost and the impugned judgment and order; are set aside.        Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ......resaid provision of section 7(2) (e) of the Ordinance of 1983. The Rule was accordingly made absolute by the impugned judgment and order dated 26 April 1995. 5. Among other operative orders recorded in the impugned judgment it has been ordered, which is found to be quite unusual, that &ld......  XXXIII of 1961. The appellant filed nomination paper on 7-12-91 suppressing the fact of his disqualification as aforesaid and contested the election held on 6-2-1992 and that he is still in service of the said school as a teacher without any cessation or break and, as such, he has got no ..

Category: Others | Date: | Hits: 85

Mobarak Ali and others Vs. Mobaswir Ali and others, 1997, 26 CLC (AD)

....s under section 245(1) of the Code of Criminal Procedure.  For the foregoing reasons, the appeal is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 36 ......t under sections 147/148/149/ 323/324/326/307/114/ of the Penal Code. The said case is pending in the court of Sessions Judge, Sylhet as Sessions Case No. 54 of 1994 for trial.  3. The records of GR Case No. 77 of 1986 was transmitted from the Court of the Sessions Judge after dispo......s under section 245(1) of the Code of Criminal Procedure.  For the foregoing reasons, the appeal is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 36 ..

Category: Criminal Law | Date: | Hits: 68

State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)

....a wet pair of sandals and confessed that the relationship respondents with the deceased had become strained for a long time and that was why they were looking for an opportunity to teach Nuruddin a good lesson. They made a conspiracy in pursuance of which on a 17-7-82 respondent No. 2 Md. Sawkat......on the same day narrating the aforesaid facts and police upon investigation submitted charge-sheet on 22-9-1982 against the respondents under section 302 of the Penal Code.  5. It is on record that a confessional statement was made by respondent No.  1 on 20-7-82 before a Magistr......ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ..

Category: Criminal Law | Date: | Hits: 120

Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)

.... was granted. Accordingly, the appeal is allowed without any order as to costs.  Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ...... was granted. Accordingly, the appeal is allowed without any order as to costs.  Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ......ative Tribunal, Dhaka on 21-3-92 in Administrative Tribunal Case No. 126 of 1987.  The respondent filed the case before the Administrative Tribunal against an order of his removal from service passed by the Comptroller and Auditor General of Bangladesh alleging that he was appointed ..

Category: Administrative Law | Date: | Hits: 106

Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)

....ivate individual and private law this principle can be applied with some strictness, but in public law this doctrine cannot be applied with the same strictness as that will tantamount to ignoring the good and well-being of citizens, more particularly from the view-point of public good for whom the S......ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ......Lanka has of late been extending the scope of standing. Thus it has granted standing to a member of parliament seeking issuance of letters of appointment to 53 persons who were selected to the public service on the basis of competitive examinations but whose letter of appointment were not being issu..

Category: Constitutional Law | Date: | Hits: 450

Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)

.... 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 deceas......s. From the date of acceptance of the appellants’ application for prosecuting the case in absence of the deceased plaintiff, there was no legal existence of the deceased plaintiff in the case record. An error on the face of the record had been committed by the trial court by non-recording t......porating the appellants’ name thereof plaintiffs in place of the deceased sole Munshi Abdul Khair Faraji.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 213. ..

Category: Property Law | Date: | Hits: 88