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Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)
.... sanction in the instant case is coram-non-judice as it was accorded by the NBR in its meeting presided over by its Chairman who was not a member of the Board and further, that the sanction is also bad in law as it was given without giving prior notice to the respondent has also no substance. The..Category: Fiscal/Taxation Law | Date: | Hits: 97
Taher Ali Vs. Ali Mohammad, 2006, 35 CLC (AD)
....and as such the suit is liable to be dismissed. 4. The trial Court decreed the suit on the finding that the suit as framed is maintainable and not barred by limitation and that also not bad for defect of party, that the plaintiff has right, title, interest and possession in the l..Category: Property Law | Date: | Hits: 22
KM Zahirul Haque Vs. Shahida Khanam and others, 2006, 35 CLC (AD)
....s made in the plaint and stating, inter alia, that the suit as framed is not maintainable, the suit is barred by limitation and barred by the provision of section 42 of the Specific Relief Act and bad for defect of party. It was the definite case of the defendant that on November 9, 1979 upon re..Category: Property Law | Date: | Hits: 31
Md. Abul Fazal and another Vs. The State and another, 2007, 36 CLC (AD)
....re the Nari-O-Shishu Nirjatan Daman Tribunal on 18.08.2004 when the learned Judge made remark "You are already on bail, why you have appeared before expiry of three months, definitely you have bad intention and for that reason you have applied for certified copy which will not be supplied, ..Category: Criminal Law | Date: | Hits: 31
Digandra Chandra Pandith Vs. Abdur Razzaque and another, 2006, 35 CLC (AD)
....been made is not in fact a deed of exchange but a sale deed, that the Miscellaneous Case is not barred by limitation, that the pre-emptor is a co-sharer and that the Miscellaneous Case is not bad for defect of party. 6. As against the judgment and order of the lower appellate Court t..Category: Property Law | Date: | Hits: 20
Mosharraf Hossain and others Vs. Md. Shahid Ali, 2006, 35 CLC (AD)
....er for pre-emption on the finding that the pre-emptor is the contiguous land holder to the land sought to be pre-empted and that the Miscellaneous case is not barred by limitation and also not bad for defect of party. On appeal by the pre-emptee the appellate Court set aside the judgment of ..Category: Property Law | Date: | Hits: 23
Md. Shahidur Islam and others Vs. Md. Habibur Rahman and others, 2007, 36 CLC (AD)
....ate written statement denying all the material allegations made in the plaint contending, inter alia, that the plaintiffs have no cause of action for filing the suit which is barred by limitation, bad for defect of parties, the suit is filed with an ulterior motive for illegal gain and the plain..Category: Property Law | Date: | Hits: 24
Md. Abdul Karim Vs. Md. Nurul Islam and others, 2007, 36 CLC (AD)
....r-pre emptee, Md. Abdul Majid, contested the pre-emption case by filing a joint written objection contending, inter alia, that the case was barred by limitation and principle of waiver and was bad for defect of parties. 7. The trial Court after hearing the parties allowed the pre-empt..Category: Property Law | Date: | Hits: 20
Abdul Mannan Vs. Md. Sohrab Hossain & others, 2008, 37 CLC (AD)
....and stated that the case under Section 96 of the State Acquisition and Tenancy Act is not maintainable since the case land is within Municipal Area and the case is barred by limitation and is also bad for defect of parties. The further case of the pre-emptee is that he purchased the case land fr..Category: Property Law | Date: | Hits: 25
Md. Fazlur Rahman and others Vs. Haji Md. Manir Khan and others, 2007, 36 CLC (AD)
....; 4. Defendant No.1 contested the suit by filing written statement and contended, inter alia, that the suit was barred by limitation and bad for defect of parties and also stated that the pro-forma defendant Nos.13 and 14 have not execu..Category: Property Law | Date: | Hits: 29
Bangladesh Vs. Kopil Das, 2007, 36 CLC (AD)
.... No.3 in not implementing the order. Whether the petitioner is the real owner or not the matter to be decided by the respondent No.3 and he cannot decide that the impugned order is bad passed by his superior officer" and thereupon made the Rule absolute. 7. It ma..Category: Property Law | Date: | Hits: 28
Syed Ali Mondal and others Vs. Dulal Chandra Biswas & others, 2006, 35 CLC (AD)
....le to the suit land on the basis of their settlement by Nagendra Bala to Sonaullah, the predecessor of the petitioners but could not prove that they possessed the entire suit land; the suit is also bad for non-joinder of Abdus Sobhan and Bazlur Rahman in the suit. The lower appellate court..Category: Property Law | Date: | Hits: 30
Shaikh Md. Asad Hossain Vs. Maulana Md. Abdur Razzaque Chisty , 2005, 34 CLC (AD)
.... 3. Respondent contested the suit by filing a written statement denying the material allegations made by the petitioner. His case was that the suit was barred by limitation and was bad for defect of parties. His further case was that the suit property orginally belonged to Kalid..Category: Property Law | Date: | Hits: 24
Md. Tajul Islam Vs. Bangladesh, 2006, 35 CLC (AD)
....of the power and there having no provisions for defending the affected persons, the so called amendment is against the principle of natural justice and as such the impugned judgment and order being bad in law are liable to be set aside. 9. Learned Counsel further contended that the impugned ame..Category: Environmental Law | Date: | Hits: 517
Bangladesh Vs. Mostafizur Rahman, 2007, 36 CLC (AD)
....s that keeping in on the record will be legally wrong. The contention that the court has gone wrong in the application of law to the facts or the exposition of law is erroneous (unless it lays down a bad law) or that inference is drawn on appraisal and appreciation of evidence is erroneous does not ..Category: Procedural Law | Date: | Hits: 107
State Vs. Abdus Sattar and others, 2007, 36 CLC (AD)
....by the State as appellant has filed the present petition for leave to appeal. 14. The learned Deputy Attorney General submitted that the findings and decisions of the High Court Division is bad in law since it failed to sift the evidence on record. He further submits that High Court Divis..Category: Criminal Law | Date: | Hits: 44
Divisional Forest Officer, Dhaka Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
.... dismissing the suit on the ground that the suit was not maintainable as farmed as there was no prayer for declaration of title and recovery of khas possession and that the suit, was also bad for defect of parties. The learned Additional District Judge while dismissing the suit as above..Category: Property Law | Date: | Hits: 35
Rafique Ahmed Vs. MD, Bangladesh Overseas Employment & Service Ltd. and others, 2006, 35 CLC (AD)
....ide manner took the decision to terminate the services of the petitioner as a measure of punishment particularly when the petitioner failed to produce any paper showing any pervious enmity or other bad feeling between him and the defendant No.2 and further Ext.5, on the face of it does not show ..Category: Employment/Service Law | Date: | Hits: 71
Jagabandhu Sarker and others Vs. Jotish Chandra Sikder and others, 2005, 34 CLC (AD)
.... on record further held that the plaintiffs failed to establish their claim in the land in suit and also held that plaintiffs failed to prove their case. The trial Court also held that the suit was bad for filing the same impleading the dead person. 7. The plaintiffs went on appeal. The ap..Category: Property Law | Date: | Hits: 19
Md. Siraj Mondal @ Md. Sirajuddin Mondal & anr Vs. Mosammat Miraton Nessa & ors, 2006, 35 CLC (AD)
....possession in the land in suit and that defendants dispossessed her. The trial Court also held that the suit as framed is quite maintainable and that not barred by limitation and also not bad for defect of party. 6. The defendant went on appeal. The appellate Court primarily plac..Category: Property Law | Date: | Hits: 28