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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..Category: Property Law | Date: | Hits: 60
Wazed Ali Sardar (Md) Vs. Md. Afsaruddin Sardar and others, 1996, 25 CLC (AD)
....igh Court Division is liable to be set aside. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 159 ......rishna Bachar. He then went to the Court on 29.7.1986 and came to learn about the exparte decree and thereafter filed the Miscellaneous Case. 4. Respondent No. 1 contested the miscellaneous case by filing a written objection denying the allegations of the petitioner and contending, inter ..Category: Procedural Law | Date: | Hits: 133
Jahangir Kabir (Md) Vs. BD, represented by The Secretary, Ministry of Home Affair, 1996, 25 CLC (AD)
....ed on his prayer. The present case before us is just the reverse. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 156 ...... to which the appellant submitted a written reply on, April 7, 1986 pleading not guilty of the charges. The Ministry of Home Affairs, however, without considering the reply of the appellant forward case for opinion to the Public Service Commission which without examining the relevant papers gave ..Category: Administrative Law | Date: | Hits: 138
Abul Bakar Siddique (Md) Vs. Additional Deputy Commissioner, Kurigam and others, 1996, 25 CLC (AD)
....the impugned judgment and order of the learned Single judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 154 ......nt and decree and dismissed the plaintiff’s suit. The plaintiff being aggrieved by the impugned judgment of the High Court Division is seeking leave to appeal before us. 2. The plaint case is, that Bhadrapara Adarsha Non-Government Primary School was established in 1973 at the init..Category: Property Law | Date: | Hits: 63
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
....lul Hossain produced before us a copy of “Marine insurance Law and Policy” by Donald O’ May (1993), 02 page 446 of which it is stated- “Underwriters appeared to have a rooted objection to paying the full estimated cost of repairs as the measure of indemnity for unre......urt Division dated 9-12-91 in Admiralty Suit No. 9 of 1988. The suit was decreed for US $ 16,20,000.00 against the appellant with cost. 2. The substance of the plaintiff- respondent’s case in the plaint is, that the plaintiff, a limited liability company of Bangladesh, purchased the..Category: Business or Commercial Law | Date: | Hits: 151
ADC (Revenue), Pabna Vs. Md. Abdul Halim Mia, 1996, 25 CLC (AD)
....d and the respondents Execution Case No.5 of 1977 is dismissed as being barred under section 48 CPC. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 126, 48 DLR (AD) (1996) 141 ...... 4. The appellant’s objections were that the decree-holder was not an insane person and that his son Abdul Mannan has no legal right to represent him as his next friend and that the execution case was barred by limitation as it was not filed within 3 years of dismissal of OC Execution Case..Category: Civil Law | Date: | Hits: 133
Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)
....able in law. For the reasons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ......ng a purchaser for valuable consideration of the suit premises and the same being bona fade required by him, he is entitled to the relief prayed for. 4. Defendant after denial of the plaint case stated, inter alia, in his written statement that while he was a tenant under the heirs of Moh..Category: Property Law | Date: | Hits: 52
Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
....ivision is set aside and the suit is dismissed. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 130 ......t. 2. The suit was filed by the respondents and their father Mirza Murshal Hossain against the defendant-appellant for his ejectment and for realisation of arrear rent. The plaintiffs’ case, inter alia, is that Mirza Murshal Hossain and his wife Begum Shamsun Nahar, inducted the defe..Category: Property Law | Date: | Hits: 56
Mahmudul Haque (Md) Vs. Md. Hedayetullah and others, 1996, 25 CLC (AD)
....t jurisdiction in interfering with a parliamentary election process. The appeal is allowed without, however, any order as to costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 128. ......(in a parliamentary election or bye election, by the Election Commission) declaring election schedule and culminates in the declaration of result of election by a gazette notification. In the instant case the election process started with the Notification issued by the Election Commission on 12-12-9..Category: Election Law | Date: | Hits: 129
Abdul Wadud Contractor and another Vs. Nazir Ahmed and others, 1996, 25 CLC (AD)
.... that prayer for the proposed amendment of the plaint. The appeal is, therefore, dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 120 ......n the plaint and contending, inter alia, that he along with other was owners of the suit property in respect of gandas of land by virtue of a gift in their favour including- the suit property. The case of the appellants is that the re were in permissive possession of the disputed holding No 294 ..Category: Property Law | Date: | Hits: 52
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
....f legal acumen and hence the same is set aside. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 134 ......tion of the 1 fundamental law it cannot be enforced. 9. Leave was granted to consider whether the learned Single Judge of the High Court Division upon a total misconception of the plaintiffs case and the law governing the subject, namely, Order 7 rule 11 of the Code of Civil Procedure wron..Category: Family Law | Date: | Hits: 162
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....emaining unchanged. In the result the appeal is allowed in part. No Costs. The trial Court’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ......t maintenance is concerned, keeping undisturbed all the other reliefs granted to the appellant. The High Court Division allowed maintenance to the appellant with effect from the date of filing of the case i.e. 6.1.86 till the expiry of 3 months from the date of decree of the trial Court (31.5.86) an..Category: Family Law | Date: | Hits: 198
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
....vision were just, correct and proper and caused no miscarriage of justice. In the result, therefore, all the appeals are dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 100. ......espondent Iqbal Hossain in the commission of offences under sections 406 and 420 of the Penal Code and further committed offences under section 5(2) of Act II of 1947. 5. Briefly, the prosecution case is, that in 1987 the Dhaka University wanted to purchase 4 (four) 75 HP Submersible pumps for w..Category: Anti-Corruption Laws | Date: | Hits: 92
Abdur Rashid Sarker Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
....ed when Martial Law was in force. Hence there is no illegality in the impugned judgment. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 99 ......d this order of compulsory retirement as illegal and not tenable in law before the Administrative Tribunal, Dhaka in Administrative Tribunal Case No. 148 of 1989. The said Administrative Tribunal case was dismissed on 14-2-92. Against that order he preferred an appeal, being Administrative Appe..Category: Administrative Law | Date: | Hits: 107
AGM, GM Office, Postal Life Insurance Dhaka and another Vs. Sheikh Mizanur Rahman, 1996, 25 CLC (AD)
....udgment and order of the Administrative Tribunal is restored. The appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 97 ......as appointed and on the basis of his report he was compulsorily retired from service on 20 that he preferred a departmental appeal on 11-8-85 but the same was dismissed and thereafter he filed the case before the Administrative Tribunal. 3. The case was contested by the appellant by filin..Category: Administrative Law | Date: | Hits: 122
Tafazal Ahmed Contractor Vs. Abdur Rahim and others, 1996, 25 CLC (AD)
....rred in law in affirming the judgment and decree of the lower appellate Court. In the result, the appeal is dismissed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 94. ......gage by conditional sale. It also held that the suit, having been instituted on 3-7-78, was not barred by limitation under Article 148 of the First Schedule to the Limitation Act. This was also not a case of partial redemption. The suit was also not bad for defect of parties. The High Court Division..Category: Property Law | Date: | Hits: 63
Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)
...., therefore, the appeal is allowed without any order as to cost and the impugned judgment and order are set aside. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 141, 48 DLR (AD) (1996) 90 ......ed as to what factors had prevented the appellant to enter into a fresh agreement with the new landlord, namely, the It was argued on behalf of the plaintiff-respondent that the appellant was, in any case liable for eviction inasmuch as neither it paid the rent nor deposited the same even at the old..Category: Tenancy Law | Date: | Hits: 82
Shamsul Islam & others Vs. Badiar Zaman alias Bablu and another, 1996, 25 CLC (AD)
....s of consanguinity from the donor. Hence the contention of Mr. Fazlul Karim cannot be accepted. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 88 ......iswas filed an application for pre-emption of the land of the Kabala dated February 1, 1980 executed by Md. Ibrahim in favour of Munshi Abdus Satter predecessor-in-interest of the respondents. The case of the pre-emptor, in short, is that he is a co-sharer in the holding in question with the ven..Category: Property Law | Date: | Hits: 56
Syed Mohammad Hashem alias Hashim Vs. State, 1996, 25 CLC (AD)
....se. Since we are satisfied that no interference is called for on the merit of the case, the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 87 ......on. 3. No one appeared for the petitioner before the High Court Division. 4. It appears from the impugned judgment that the learned Judges have not at all considered the facts of the case but upon making reference to the amendments brought about in Chapters XXIII and XX of the Cr. ..Category: Criminal Law | Date: | Hits: 71
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
.... of the learned Single Company Judge, if so advised. The appeal is therefore allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 82 ......lants and by Mr. M.Nurullah, learned Counsel for the respondents. Mr. Rafique-ul-Huq, learned Counsel, appeared as Amicus Curiae and made elaborate submissions on this point. 4. Facts of the case have receded into the background because of the preponderance of the question of law involved ..Category: Business or Commercial Law | Date: | Hits: 118
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