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Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ......y my learned brother Afzal, J. and the other, by my learned brother Mustafa Kamal, J. I agree with the judgment of Mustafa Kamal, J. I, however, like to add a few words of my own. 2. Facts of the case have been elaborately discussed in both the proposed judgments and as such, I need not reproduc......ords of my own. 2. Facts of the case have been elaborately discussed in both the proposed judgments and as such, I need not reproduce them here. The main question is, whether the inclusion of the land of the appellant's approved lay‑out plan in the land going to be acquired under the two LA pr..Category: Property Law | Date: | Hits: 79
Engineer Afsaruddin Ahmed Vs. State, 1995, 24 CLC (AD)
....found to have acted rightly observing that the proceeding against him cannot be quashed. In the result, the appeal is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 10 ......ier on the said revisional application observing that at this stage the question of mala fide intention could not be determined which can be done only on evidence during the trial. 2. Facts of the case are, that the appellant was a member of Parliament in 1987‑88, elected from Chandanaish‑Sat......found to have acted rightly observing that the proceeding against him cannot be quashed. In the result, the appeal is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 10 ..Category: Criminal Law | Date: | Hits: 76
Abdul Motaleb and others Vs. Shahed Ali and others, 1995, 24 CLC (AD)
.... for the petitioners, could not show any error of law in passing the impugned order. 4. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 09 ......filed Written Statement but did not contest the suit. After passing of the preliminary decree, the present petitioners, on 1.3.84, filed an application for a separate Saham according to the plaint case and, consequently, Saham was allowed on 29.4.84 as the plaintiff and other defendants did not......nsequently, Saham was allowed on 29.4.84 as the plaintiff and other defendants did not raise any objection for granting of such Saham, The trial Court granted Saham to the extent of 29 decimals of land out of "Kha" schedule property to defendant Nos. 1‑7 and 9. Thereafter, on 28..Category: Property Law | Date: | Hits: 64
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ......2 for declaration of title and recovery of possession after removing the pucca structures so far under construction and to evict all the 5 defendants from the suit property. Since the merit of the case is not involved herein we will not state the plaint case. After filing the suit on 20.10.90 th......ot state the plaint case. After filing the suit on 20.10.90 the plaintiff filed an application for temporary injunction to restrain the defendants from continuing the constructions on the disputed land and on the same date further issued notices to show cause within 7 days and further issued an ..Category: Civil Law | Date: | Hits: 106
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ...... Division for disposal on merit. The matter was, however, heard extensively. After considering the submissions of the parties at length. I am of the view that an order of remand in the facts of the case will be an exercise in futility. 3. The learned Counsel for the appellant has cited a ......uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ..Category: Constitutional Law | Date: | Hits: 203
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
....t and order are set aside and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ......ed Civil Revision No.131 of 1986 in the Sylhet Bench of the High Court Division and obtained a Rule and stay of further proceedings of the suit. 5. During the pendency of the said civil revisional case, taking advantage of the absence of the appellant’s attorney who went to perform Hajj the def......nst Habiba Banu (since deceased) and respondent Nos. 1-6 as defendants on the allegations inter alia that the defendants entered into a contract with the appellant on 21-4-76 for sale of 1.09 acre of land for a consideration of Taka 2,75,143.00 by executing a bainapatra on that date and receiving Ta..Category: Property Law | Date: | Hits: 59
AKM Mayeedul Islam Vs. Bangladesh Election Commission and others, 1996, 25 CLC (AD)
....ot on the grounds stated in the impugned judgment, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ......e High Court Division summarily rejected the writ petition. 2. The petitioner now seeks leave to appeal from the said judgment and order of the High Court Division. 3. It was the petitioner’s case that respondent No. 3 has been convicted by various Special Tribunals for misconduct under sect......ot on the grounds stated in the impugned judgment, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ..Category: Election Law | Date: | Hits: 133
Rahela Khatun Vs. Abul Hassan and others, 1996, 25 CLC (AD)
....sdiction under section 561 A Cr.P.C. For all the above reasons the appeal is allowed. The impugned judgment and order are set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ......23(c) of 1990 pending in the Court of Upazila Magistrate, Sadar, Jessore under sections 354 and 384 of the Penal Code instituted by the appellant against the said respondent. 2. Brief facts of the case are, that in Criminal Case No. 182(c) of 1987 a petition of complaint was filed by the appellan......sdiction under section 561 A Cr.P.C. For all the above reasons the appeal is allowed. The impugned judgment and order are set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ..Category: Criminal Law | Date: | Hits: 85
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
....der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ......imuddin Mandal are the present appellants while the defendant is the respondent. 2. The judgment of the High Court Division appealed against is all too brief and does not disclose the facts of the case nor does it dwell upon the legal propositions involved to any extent of satisfaction. We had to...... 1991 (Dhaka) and heard by a learned Single Judge of the High Court Division at Dhaka. The learned Single Judge, without reversing the findings of the Small Cause Court Judge that the relationship of landlord and tenant between the plaintiff and the defendant had been established and that the defend..Category: Tenancy Law | Date: | Hits: 87
Bangladesh Shipping Corporation and other Vs. Rakibuddin Ahmed and others, 1996, 25 CLC (AD)
.... Civil Petition No. 39 of 1994 at the instance of the Government is dismissed as time-barred. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 283, 48 DLR (AD) (1996) 203 ......e was found undesirable for his misbehaviour and misdemeanour with the employees of the corporation. 5. The learned Subordinate Judge, on consideration of the facts and circumstances of the case and the evidence on record, came to the findings that the impugned order of termination was m...... Civil Petition No. 39 of 1994 at the instance of the Government is dismissed as time-barred. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 283, 48 DLR (AD) (1996) 203 ..Category: Employment/Service Law | Date: | Hits: 77
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
.... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ......lip;……………..Respondent Judgment July 9, 1996. Cases Referred To- A. Hannan vs. Collector of Customs and others 40 DLR 273 and the same case on appeal, 42 DLR (AD) 167; Dhaka Warehouse Ltd. and others vs. Assistant Collector of Customs...... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ..Category: Business or Commercial Law | Date: | Hits: 126
Delwar Hossain Khan (Md) Vs. Dhaka Club Limited and another, 1996, 25 CLC (AD)
....cept observing any direction that may be contained therein. With the above observations the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 198 ......de in an interlocutory matter in the higher Court, except observing any direction that may be contained therein. With the above observations the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 198 ......cept observing any direction that may be contained therein. With the above observations the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 198 ..Category: Property Law | Date: | Hits: 65
BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)
....sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ......(2) of the Constitution and accordingly, struck it down as unconstitutional. The High Court Division, however, granted a certificate under Article 103(2)(a) of the constitution certifying that the cases involved a substantial question of law as to the interpretation of the Constitution particula......le would not include the right to move and reside and settle in a private property someone else. It was further observed that the hand-bill issued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. ..Category: Intellectual Property Law | Date: | Hits: 279
Arabinda Sarker Vs. Bimalendu Bhowmik and others, 1996, 25 CLC (AD)
....sion dismissed the appeal only on the ground of locus standi without entering into the merit of the case. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 182 ......ed Revocation Case No. 144 of 1975 in the Court of District Judge, Mymensingh against granting of Probate in Probate Case No. 2 of 1967 of the Court of District Judge, Mymensingh. The said Revocation case was disallowed on the ground that the petitioner had no locus standi to file the revocation cas......sion dismissed the appeal only on the ground of locus standi without entering into the merit of the case. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 182 ..Category: Others | Date: | Hits: 99
Abdus Satter (Md) Vs. Bangladesh and others, 1996, 25 CLC (AD)
....ave been passed without lawful authority and of no legal effect. The appeal is allowed without costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 64, 48 DLR (AD) (1996) 180 ......he shrinkage nor considered the explanation given by him to be unsatisfactory. Also, there is no power of demolition of a building on the part of the Kartripakkha if it leans on one side and in any case a building cannot be demolished unless it comes within the mischief of sub (5) of section 3B ......from the summary rejection of the Writ Petition No. 2595 of 1994 on 8-1-95 by the High Court Division. 2. In 1987 the appellant constructed a four storied residential building on 7 kathas of land in CS plot No. 133 Part. Mouza Bramancharan, JL No. 342, PS Sabujbagh, District Dhaka as per s..Category: Business or Commercial Law | Date: | Hits: 136
Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)
....a rehearing of the matter. If a case is permitted on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178.......ithin PS Motijheel, for the Railway Board. Plaintiff-respondents’ 6.4650 acres of land had also been acquired and included in the total of more than 70 acres of such acquired land. The facts of the case have grown pretty long as the plaintiffs are campaigning from 1963 with the only grievance that......udgment was passed, the prelude to the said judgment may be usefully quoted here: “The matter arises out of an acquisition proceeding of 1959-60 requisitioning and then acquiring large areas of land in mouza Khilgaon, presently within PS Motijheel, for the Railway Board. Plaintiff-respondentsâ..Category: Property Law | Date: | Hits: 80
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ......nd order dated the 5th and 19th August, 1993 passed by the High Court Division in those Writ Petitions making the Rules Nisi absolute in part and containing certain directions. 2. The common case of all the writ petitioners as found in Writ Petition No. 21 of 1993 was that response to a N......Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ..Category: Constitutional Law | Date: | Hits: 161
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
....ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ......isional application, Criminal Revision No. 1335 of 1995, filed by the appellant under section 10(1A) of the Criminal Law Amendment Act, 1958 (Act No. XL of 1958), briefly, the Act. 2. Facts of the case, briefly, are that the appellant who is a former Member of Parliament and President of the Dist......ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ..Category: Anti-Corruption Laws | Date: | Hits: 92
Akhtar Banu Vs. Habibunnessa and others, 1996, 25 CLC (AD)
....o cost. The impugned judgment and order are set aside. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 298, 48 DLR (AD) (1996) 164 ......ground that the High Court Division failed to apply the correct principle as to substitution of the heirs of deceased-defendant No.3 as was applicable in the facts and circumstances of the present case. 3. To recall, briefly, the facts of the case, predecessor of the appellants, Akhtar Ba......cessor of the appellants, Akhtar Banu, instituted Title Suit No.9 of 1957 in the aforesaid Court declaration of title to and for recovery and confirmation of possession in certain parts of the suit land. The suit, on transfer to the 5th Court of the Subordinate Judge, Dhaka was renumbered as Tit..Category: Property Law | Date: | Hits: 70
Abdul Mazid Howlader & another Vs. Lahajuddin Howlader & others, 1996, 25 CLC (AD)
....pplication for pre-emption is disallowed. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 302, 48 DLR (AD) (1996) 160 ......n Miscellaneous Case No. 226 of 1984, disallowing an application for pre-emption under section 96 of the Estate Acquisition and Tenancy Act on 11-4-85. 2. The pre-emptor-respondent filed the case claiming himself as a contiguous owner of the proceeding land conveyed to the pre-emptee-appe......on for pre-emption under section 96 of the Estate Acquisition and Tenancy Act on 11-4-85. 2. The pre-emptor-respondent filed the case claiming himself as a contiguous owner of the proceeding land conveyed to the pre-emptee-appellant Nos. 1, 2 and respondent Nos. 2-7 by a kabala deed regis..Category: Property Law | Date: | Hits: 60
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