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Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)

....ndant Nos.1 and 2 contested the suit by filing written statement denying the material averments made in the plaint and contending, inter alia, that the suit is not main­tainable and the same is bad for defect of par­ties as well as is barred by limitation and there is no cause of action,..

Category: Property Law | Date: | Hits: 40

Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)

....he relevant time was Taka 35 and that after adjustment of the advanced amount by May, 1960, the monthly rent would be Taka 40, that the condition of the structures in the premises in suit being in bad shape the defendants requested the plaintiffs to make the necessary repair but the plaintiffs d..

Category: Property Law | Date: | Hits: 46

Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)

....and encouraged the appellants to purchase the same. 3. The learned Munsif by Judgment and order dated 16.5.81 held that the pre-emptor was co-sharer in the case holding, that the Misc case was not bad for defect of parties, that it was not barred by limitation but it was barred by estoppel, waive..

Category: Property Law | Date: | Hits: 47

Commissioner of Tax­es, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)

....egally be added to the total income. Further, the Judges then found that the first part of the notification is redundant and the second part of the Notification No. S.R.O. 440/ L/76 dated 18.12.76 is bad in law having been issued without lawful authority. 9. Mr. Moksudur Rahman, appearing for the..

Category: Fiscal/Taxation Law | Date: | Hits: 111

BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)

.... not have fol­lowed the Government order reinstating the plaintiff, but can that be a ground for setting aside the judgment and decree of the appellate Court without finding that it was either bad in law or on fact? Even Khan Saifur Rahman who obtained the impugned judgment in favour of his ..

Category: Employment/Service Law | Date: | Hits: 73

Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)

....water and each sheet has lost 60% of its properties. Each sheet has developed spots on contact with saline water and each sheet has been enveloped with a white coating. This report was given as far bad as on 29-5-91 and with the passage of time the quality of the imported consignments must have ..

Category: Fiscal/Taxation Law | Date: | Hits: 112

State Vs. Md. Liton Miah @ Babu, 2008, 37 CLC (AD)

....the High Court Division, contended that the impugned order dated 29-3-2001 passed by the High Court Division granting bail of the accused-respondent during the pendency of the trial of the case is bad in law and is liable to be set aside. Because of the fact, the accused-respondent suppressed th..

Category: Criminal Law | Date: | Hits: 44

Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)

....utes, but also the extraordinary jurisdiction of the High Court Division under Article 102 of the Constitution is also ousted except on very limited grounds of total absence of jurisdiction or proved bad faith or malice in law. In conclusion, the learned counsel contends, the respondent's suit not b..

Category: Election Law | Date: | Hits: 173

Md. Golam Mostafa alias Gholam Mostafa and others Vs. State, 2005, 34 CLC (AD)

....r section 161 of the Code of Criminal Procedure also bears testimony to the fact that this is not a case of kidnapping or of any other offence charged and as such the impugned judgment and order is bad in law and is liable to be set aside. 7. Leave is granted to consider the above submiss..

Category: Criminal Law | Date: | Hits: 29

Chair, Board of Int. and Secondary Education, Jessore and others Vs. Nazir Ahmed, 2006, 35 CLC (AD)

....that Respondent No. 4 while in service in viola­tion of the Rules and Regulations of the Board appeared in the S. S. C examination held under the Board as a regular student and that in spite of bad service record he has been promoted as Section Officer upon superseding the writ-petitioners an..

Category: Employment/Service Law | Date: | Hits: 54

Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)

....an interim order therein. If there was no suit no order could be passed under section 151 C.P.C, for, inherent power could not be exercised in a vacuum. 13. The impugned order was otherwise bad because before issuing the injunction order against the appellants in an unusual manner the Hig..

Category: Civil Law | Date: | Hits: 119

Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)

.... ulterior motive to get the pay scale of Tk. 470-1135 and ultimately they got the benefit with arrears through ones right of the appellants and when such false entries were detected upon an enquiry bad report the higher scale of pay of the respondents was cancelled by the compe­tent authorit..

Category: Employment/Service Law | Date: | Hits: 55

Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)

....dul Hoque who attended the deceased Abdul Wahed while he was admit­ted in Khulna Sadar Hospital for treatment without considering its admissibility or genuineness, as such the impugned order is bad in law and liable to be set aside. 9. Mr. Rahman further argued, that the learned trial..

Category: Criminal Law | Date: | Hits: 25

Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and oth­ers, 2006, 35 CLC (AD)

....title and 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 pla..

Category: Property Law | Date: | Hits: 35

Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)

....fendant Nos. 1-6. 6. The trial Court decreed the suit on the finding  that  the   suit  of the  plaintiff  as framed  is maintainable and not  bad  for defect of parties  and also not barred by limitation and that plaintiff has righ..

Category: Property Law | Date: | Hits: 48

Channel Cinema Ltd. Vs. Chowdhury Golam Malek, 1989, 18 CLC (AD)

....of bona fide requirement. So the findings in this regard cannot be termed as concurrent, even then the plaintiff failed to prove that the defendant tarnished the image of the cinema hall by supplying bad food to its customers and the plaintiff needed the tenanted premises for the benefit of the comp..

Category: Property Law | Date: | Hits: 64

Moslemuddin Talukder Vs. State, 1990, 19 CLC (AD)

.... Court, however, convicted the appel­lant. 3. The learned Counsel appearing for the appel­lant submits that the evidence has not substantiated the prosecution case and as such the conviction is bad in law. 4. The learned Counsel also informed us that the appellant is dead. His heir has, ho..

Category: Anti-Corruption Laws | Date: | Hits: 125

Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)

....rt of settlement was constituted tong after the filing of the writ petition. The learned counsel also submitted that the inclusion of the appellant's house in the im­pugned notification was ex-facie bad and without ju­risdiction inasmuch as it was neither an abandoned property nor was it ever take..

Category: Property Law | Date: | Hits: 54

Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)

....ster and others, 16 DLR (SC) 605; Mohiuddin A. Quader v. Emperor (1903) ILR, Mad. 238; Devi Dyal v. The Crown (1923) ILR, Lah. 50. Lawyers Involved: Mujibur Rahman, Advocate instructed by Kazi Ebadul Huq, Advocate-on-Record—For the Appellants. Hasan Arif, Deputy Attorney General, (Fakhrul..

Category: Criminal Law | Date: | Hits: 52

Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)

....07 at p. 109. Samiruddin Ahmed @ Samir Mia Vs. The State 1988 BLD (AD) 157; Gorchand Gope, BLR (Supplementary Volume) 443 (FB); Mahbub Shah Vs. Emperor AIR 1945 PC 118; Pandurang Vs. State of Hydera­bad AIR 1955 (SC) 216; Mahbub Shah Vs. The King Emperor AIR 1945 (PC) 118; Mamand and others Vs. The..

Category: Criminal Law | Date: | Hits: 105