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Zahura Khatun and others Vs. Rokeya Khatun and others, 1991, 20 CLC (AD)

....gitate the same in the absence of the respondents. 9. The appeal is, therefore, dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 98. ......ted by extending the period of notice, if it is at all necessary in the circumstances of the case – Learned Counsel for the landlord‑ appellants has not pressed the first point on which leave was granted. When the leave was granted with the tacit admission that the notice was defective..

Category: Tenancy Law | Date: 25 Mar, 1990 | Hits: 124

Abdur Rabban (Md) Vs. Aminul Hoque Sowdagar and another, 1990, 19 CLC (AD)

.... For the reasons stated above we do not find any merit in the appeal. The appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 19. ......(From the Judgment and decree dated 13.2.84 passed by the High Court Division, Chittagong Bench in Second Anneal No 348 of 1976). Judgment Mustafa Kamal J.- The plaintiffs appeal by special leave is from the judgment and decree of a learned Single Judge of the High Court Division, Chittago..

Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123

Zakir Hossain and others Vs. The State and other, 1990, 19 CLC (AD)

....tan Magistrate, Dhaka is stayed till the disposal of Title Suit No.159 of 1987 of the First Court of Subordinate Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ......ed fraudulent kabalas in their originals have not yet been filed in Court, the provision of section 195(1) (c) of the Code is not attracted in this case. 5. Apart from the question on which the leave was granted, Dr. Rafiqur Rahman, the learned Counsel for the appellant, has also submitted tha..

Category: Anti-Corruption Laws | Date: 12 Mar, 1990 | Hits: 114

Abdul Momen Bhuiyan Vs. Haji Payez Ali Mia and others, 1990, 19 CLC (HCD)

....us, for the reasons stated above, we do not find any substance in this petition. Accordingly, the petition is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 97. ......writ under Article 102 of the Constitution, refused to interfere with the order. The Appellate Division ultimately dismissed the appeal and affirmed the order passed by the Returning Officer although leave was granted only to consider as to whether the provision is against the equality clause, as co..

Category: Election Law | Date: 5 Mar, 1990 | Hits: 136

Azima Begum Vs. Yusuf Khan (Md) and others, 1990, 19 CLC (AD)

....and the parties will be at liberty to take such steps as advised for hearing of the Rule. The appeal is, therefore, allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 53. .......43 of 1986. (From the Judgment and order dated 25.9.86 passed by the High Court Division, Dhaka in Criminal Revision No.375 of 1986). Judgment Mustafa Kamal J.- This appeal by special leave is directed against an order dated 25.9.86 passed by a Division Bench of the High Court Divisi..

Category: Criminal Law | Date: 14 Feb, 1990 | Hits: 58

Momin Miah & another Vs. Moinuddin Hossain & another, 1989, 18 CLC (AD)

....ty in dispute, that is, item No.1 of Sched­ule 'B' of the Compromise petition (as in T.S. No.319 of 1986). No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 175 ......om the judgment and order dated 25.4.89 passed by the High Court Division, Dhaka, in FMA No. 224 of 1987). Judgment Shahabuddin Ahmed J. – The question involved in this appeal by special leave is whether the trial Court’s order staying the proceedings of an Execution Case (only in res..

Category: Contract Law | Date: 4 Dec, 1989 | Hits: 222

Sree Birendra Nath Singh and others Vs. Md. Mokbul Shah and others, 1989, 18 CLC (HCD)

....erference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court‑records at once. Ed. This Case is also Reported in: 43 DLR (1991) 77. ......nt in Court. But the inordinate delay remains unexplained. Further the amendment petition involved setting up of a new case necessitating framing of new issue. In the cited case appellant applied for leave from the court of the Subordinate Judge for admission into evidence the certified copy of the ..

Category: Property Law | Date: 2 Aug, 1989 | Hits: 78

Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)

....inate Judge, Narayanganj is directed to dispose of T.S. No.56 of 1984 in accordance with law as expeditiously as pos­sible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 357. ...... SCC Suit No.5/70 has not yet been finally disposed of by judgment, the plaintiff has no other alternative but to take shelter of the civil Court for appropriate relief. The plain­tiff prayed for leave of the Court for consequential relief after getting back the SCC Suit No.5/70 from the review ..

Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152

Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)

.... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14.   ...... have gone through the judgments written by my learned brothers Badrul Haider Chowdhury and M.H. Rahman, JJ; I concur in the judgment of M.H. Rahman J. M.H. Rahman J. — This appeal by special leave is directed against the judgment and or­der dated 5th July, 1987 of the High Court Division, ..

Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252

Mrs. Sajeda Parvin Banu Vs. Government of Bangla­desh and others, 1988, 17 CLC (AD)

....is satisfied that the accused will indulge in preju­dicial activities if he is allowed to remain at large. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ......87. (From the judgment and order dated 27.8.1987 Passed by the High Court Division, Dhaka in Writ Petition No. 294 of 1987). Judgment Badrul Haider Chowdhury J.- This appeal by special leave is directed against the judgment and order passed by the High Court Division in Writ Pe­ti..

Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95

Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)

....nciple of res judicata and dismissed the suit. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 56. ......udge; on setting aside the judgments of the courts below, dismissed the suit on a finding that the suit was hit by res judicata in view of the decision the two Redemption Suits. Against this decision leave was granted by us to consider the question whether the principle of res judicata was applied b..

Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106

Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)

....eration of this judg­ment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ......he earnest money on the basis of which the first respondent made a bid and on his failure to pay the bid money, the action of the forfeiture of earnest money was taken. As regards the other action no leave has been granted and we are not called upon to enter into that question. But the question whet..

Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247

Abdul Awal Vs. Abdul Mannan & another, 1986, 15 CLC (AD)

....ses in the same court according to the proceeding governing trials of cross-cases. The petition is dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 254.  ......and order dated 20.5.85 passed by the High Court Division, Dhaka Bench, in Criminal Revision No. 168 of 1984.) Judgment Shahabuddin Ahmed J.- Accused-petitioner, Abdul Awal, seeks special leave to appeal from an order dated 20 May 1985 of the High Court Division, Dhaka, passed in Crimina..

Category: Criminal Law | Date: 16 Mar, 1986 | Hits: 77

Latfur Rahman and others Vs. Golam Ahmad Shah and others, 1986, 15 CLC (AD)

....aid by way of advance within 3 months. In default, the contract stands and the decree will be enforced. No order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 242. ...... (From the Judg­ment and Decree passed by the High Court Division, Rangpur Bench on 21-6-84 in First Appeal No.122 of 1981.) Judgment Badrul Haider Chowdhury J.- This appeal by special leave is directed against the judg­ment and decree passed by the High Court Division, Rangpur Bench..

Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212

Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)

....urul Mostafa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 86.     ...... to be set at liberty forthwith, if not wanted in connection with any other case." 3. Against the said judgment and order of the Division Bench of the High Court Division an application for leave was filed by informant Dr. Mriganka Ranjan Barua and leave was granted and the appeal was numb..

Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1

Abul Quasem (Md) Vs. Md. Lutfur Rahman, 1985, 14 CLC (AD)

....e rise to any apprehension in the mind of the litigant. In the result, therefore, this petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17; 10 BLD (AD) 3. ......enior Advocate, instructed by Kazi Ebadul Hoque, Advocate-on-Record-For the Respondent. Civil Revision No. 69 of 1985. Judgment Badrul Haider Chowdhury J.- In this petition for special leave the point for consideration is the implication of report under Order 26, rule 10 of the Civil ..

Category: Property Law | Date: 11 Nov, 1985 | Hits: 44

Authorised Offi¬cer, C.D.A Vs. The State & others, 1985, 14 CLC (HCD)

....cted and the appeal is summarily dismissed being not entertainable. Fazle Hussain Mohammed Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 27. ......ndoned under section 5 of the Limitation Act.  Section 5 of the Limitation Act reads as follows:— "5. Any appeal or application for a revision or a review of judgment or for leave to appeal or any other application to which this section is made applicable by or under any en..

Category: Criminal Law, Limitation Law | Date: 20 Jul, 1985 | Hits: 1

Md. Azimuddin Pramanik & others Vs. Sree Satya Narayan Pramanik & others, 1985, 14 CLC (AD)

..... The impugned order of the High Court Divi­sion is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 220. ....... The impugned order of the High Court Divi­sion is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 220. ..

Category: Property Law | Date: 9 Jul, 1985 | Hits: 40

Anath Bandhu Saha & others Vs. M/S. Premier Soap Co. Ltd, 1985, 14 CLC (HCD)

....ected to dispose of the suits expeditiously preferably within two months of the arrival of the record in his court. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 135.   ......rised of a facsi­mile of a rose flower in the background of a white sun disk with words ''Golap Ball Saban" around the upper portion of the border and a specimen of a flower with two leaves set in a tub with borders written "Pubali Soap Fac." and at the bottom of the borde..

Category: Intellectual Property Law | Date: 11 Feb, 1985 | Hits: 7

H.N. Fabrics Ltd. Vs. Mallick Textile Indus­tries and others, 1985, 14 CLC (AD)

.... contract which could be enforced by specific performance. In the result this petition is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 126.   ......he judgment and decree dated 29-7-1984 passed by the High Court Division, Dhaka Bench in F.A. No. 221 of 1981.) Judgment Badrul Haider Chowdhury J.— In this peti­tion for special leave the only question is whether there was an agreement for sale of the suit property which could..

Category: Contract Law | Date: 15 Jan, 1985 | Hits: 1288