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Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)
....ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ......act no harm was done to plaintiff respondent no. 2 the substitution of reprimand in place of debarring the respondent no. 1 for 5 years as punishment is adequate in the facts and circumstances of the case……………..(15) Lawyers Involved: AY Moshiuzzaman, Advocate, instructed by Sharifudd......cate before the Bangladesh Bar Council alleging, inter alia, that her husband late Mr. Neamatullah gifted her Taka 9 lacs deposited in FDR with Agrani Bank New Market Branch, Dhaka and 43 decimals of land at Mouza Senpara Parbata, Dhaka; that after death of her husband on 13-8-84 her husband’s you..Category: Others | Date: | Hits: 105
Mansur Ali Sikder Vs. Kanailal Banaajee & others, 1997, 26 CLC (AD)
....committed any error of law leading to a failure of justice. No interference is therefore called for. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 14. ......bject to the control of the Court. If the prayer for summons is not bona fide or is an abuse of the process of the court, it will not be unlawful for the court to refuse such a prayer. In the instant case the learned Subordinate Judge was satisfied on the materials on record that the prayer of the p......endant No. 3 in Title Suit No. 150 of 1988 pending in the Third Court of Subordinate Judge, Barisal. The suit was brought by the respondent for specific performance of a contract for sale of certain land with a tin-structure measuring 6x18 cubits thereon, described in schedule ‘Ka’ to the plain..Category: Property Law | Date: | Hits: 82
Moslemuddin (Md) and others Vs. Md. Jonab Ali and another, 1997, 26 CLC (AD)
....ng with the judgment of the appellate Court, which we uphold. This appeal is, accordingly, dismissed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 13; 17 BLD (AD) 328. ...... and the alleged delivery of possession. The trial Court closely scrutinized and noticed the contradictions in the evidence of the plaintiffs’ witnesses and the broad circumstances bearing upon the case. The appellate Court, on the other hand, without specifically adverting to the findings and rea......t the instance of the plaintiffs. It arises out of a suit, being Title Suit No. 125 of 1981, for specific performance of a contract for sale. 2. The subject matter of the suit is a parcel of land measuring .49 acre owned by defendant No. 1. Jonab Ali who has his homestead thereon. The plain..Category: Property Law | Date: | Hits: 88
Al-Haj Abul Basher Vs. Bangladesh and others, 1997, 49 CLC (AD)
....same cannot be said to be arbitrary, unfair and illegal. For the reasons stated above, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 11, 1997 BLD (AD) 321. ...... hearing the parties recommended for release of the land in favour of the original owners. But respondent No. 1 by the impugned letter refused to release the land of the petitioners. 3. The common case of respondent Nos. 2-4 is that in pursuance of LA Case No. 138/62-63 possession had already bee...... policy guidelines within the Ministries for their own purpose any instructions thereof do not create any legal right in favour of the petitioner who is seeking for return of the unutilized acquired land from the Government. The CDA with the approval of the Government prepared plots and distributed..Category: Property Law | Date: | Hits: 81
Azizur Rahman alias Md. Azizur Rahman Vs. Bangladesh, 1997, 26 CLC (AD)
....beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ......n which will not be without jurisdiction and void ab initio. 11. Khandker Mahbubuddin Ahmed submits that this practice will lead to a floodgate. Unscrupulous parties will be tempted to make out a case of urgency and they will invite interference from the Single Vacation Judge clogging the Vacati......beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ..Category: Procedural Law | Date: | Hits: 138
Abdus Samad Akand and others Vs. Abdul Halim Miji and others, 1997, 26 CLC (AD)
....fere with the impugned judgment of the High Court Division. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 6. ......Division in Civil Revision No. 145 of 1988 whereby a learned Single Judge of the said Court, making the Rule absolute, set aside decrees of the courts below and dismissed the suit. 2. The revision case arose out of a suit, Title Suit No. 71 of 1982 for permanent injunction in respect of .19-1/2 ......absolute, set aside decrees of the courts below and dismissed the suit. 2. The revision case arose out of a suit, Title Suit No. 71 of 1982 for permanent injunction in respect of .19-1/2 acres of land comprised within a plot measuring 2.07 acres. The learned Munsif , First Court, Chandpur decree..Category: Property Law | Date: | Hits: 83
Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)
....as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ......¦¾à¦—ীয় মামলা নং-৫/১৬৩৩ dated 25-1-90 dismissing the said respondent from service was passed without lawful authority and of no legal effect. 2. Material facts of the case, briefly, are, that the said respondent was appointed as a Director of the Department of Music ......as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ..Category: Employment/Service Law | Date: | Hits: 145
Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)
....realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for. Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ...... The Customs Act, 1969 (IV of 1969), sections 64, 66 & 67 Provisions of sections 64, 66 & 67 of the Customs Act have no manner of application in case of supply of spare parts, machineries, provision and necessaries to a vessel in distress. Ther......realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for. Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Nazem Uddin Vs. Election Tribunal & Others, 2001, 30 CLC (AD)
.... the same. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 17 ......The Union Parishad (Election) Rules, 1983, Rule 45 The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), Sections 26 and 29 (i) In the instant case new facts having not been introduced and by amendment facts already stated having been clarifi...... the same. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 17 ..Category: Election Law | Date: | Hits: 109
Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)
....rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ...... as the High Court Division found to be forged and fabricated and ultimately the suit filed by plaintiffs was dismissed by the trial Court which was upheld up to the Appellate Division. It is now the case of the plaintiffs in the present suit that after dismissal of the earlier suit up to the Appell......000. Result: The petiton is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Sections 11, 151 & Order VII rule 11 When the plaintiffs failed to get their title in the suit land declared upto the Appellate Division in their earlier suit they cannot be allowed to proceed wi..Category: Property Law | Date: | Hits: 101
Shahid Miah Vs. State, 2000, 30 CLC (AD)
.... section 561A Cr.P.C. by the High Court Division. 6. The submissions do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 11. ...... section 561A Cr.P.C. by the High Court Division. 6. The submissions do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 11. ...... investigation submitted a final report and prayed for proceeding under section 211 of the Penal Code against the informant. The accused petitioner thereafter left for Bangladesh and was living in England since his departure. The informant filed an application on 23-8-1998 in the Court of Nari-o-Shi..Category: Criminal Law | Date: | Hits: 109
Hosne Ara Begum and another Vs. Islami Bank Bangladesh Limited, 2000, 29 CLC (AD)
....ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ......ent July 17, 2000. Result: The petition is dismissed. The Constitution of Bangladesh, 1972, Article 109 The Code of Civil Procedure, 1908 (V of 1908), Section 115 In a case where a statute bars entertainment of a revision the exercise of supervisory power under Articl......ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ..Category: Business or Commercial Law | Date: | Hits: 148
Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)
....missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ......test. The plaintiff took an appeal from the decree of the trial Court. The lower appellate Court by its judgment and decree dated 22-4-92 dismissed the appeal leading to filing the present revisional case under section 115(1) CPC in the High Court Division. 6. The learned Single Judge on considra...... deeds and for declaration that those were obtained by fraudulent means and that were not acted upon and not binding upon the plaintiffs on the averments, inter-alia, that the plaintiff purchased the land in suit by registered deeds dated 24-6-58 and 21- 12-59 and since that date she was in possessi..Category: Civil Law | Date: | Hits: 162
Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)
....ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ......the Penal Code and sentencing the accused-respondents to suffer imprisonment for life and to pay a fine of Taka 5,000.00 each, in default to suffer rigorous imprisonment for one year more. 2. This case relates to murder of Munir Hossain and Khaleque @ Khaled and an attempt to murder Swapan on the......ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ..Category: Criminal Law | Date: | Hits: 108
Tara Mia & others Vs. Taru Mia & others, 2006, 35 CLC (AD)
....e, we are of the view that the High Court Division did not commit any error in allowing the appeal. Accordingly, the appeal is dismissed with costs. Ed. ......land. 5. On appeal by the defendant respondents the learned appellate court dismissed the appeal holding, inter alia, that there is no reliable evidence in support of the defendants case about taking settlement of the suit land by Yasin Ali from Sajjad Ali and others and that Abdul......ion in 2nd appeal No. 143 of 1969 allowing the appeal. 2. Short facts are that Sajjad Ali and others had 8 annas share and Sharafat Ali and others had remaining 8 annas share in the suit land. Sajjad Ali and others sold their shares to Abdur Razzak, plaintiff No. 1 and Abdul Jalil plain..Category: Property Law | Date: | Hits: 76
Mostafa alias Mosto Vs. State, 2006, 35 CLC (AD)
.... the explanations offered for condonation of delay are far from satisfactory. For the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......d that accused Mostofa inflicted Falah blow upon the victim and on this allegation F.I.R was lodged which was recorded by the officer-in-charge of the Police Station. 3. The defence case is that the work of road construction was going on under the local Union Parishad hear the plac......n-charge, Pabna Police Station at about 110.30 A. M alleging inter alia, that at about 10 O'clock on the same day a goat belonging to his uncle Akbar Ali Khan was eating Khesari crops in the land of Jashim Mallik, Akbar Ali's son Azam went to the Khesari field and was bringing back the ..Category: Criminal Law | Date: | Hits: 94
State Vs. Nurul Islam, 2006, 35 CLC (AD)
....esh Ali kabiraj of village Putia, Police Station Bhedorganj, District, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned. Ed ......6 dated 11-1-93 was started. 4. Police after investigation submitted charge sheet against the accused respondent under Section 19(A) of the Arms Act read with Special Power Act 1974. The case record was sent to the Special Tribunal No. 1 Shariatpur and cognizance of the offence was take......esh Ali kabiraj of village Putia, Police Station Bhedorganj, District, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned. Ed ..Category: Criminal Law | Date: | Hits: 106
Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)
....le of equity and good conscious. In the result, this appeal is dismissed without an order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ......bsp; III. Because the respondent Government practiced double standard by promoting 7 persons left out from the 1999 selection along with the persons selected in 2000 without considering the case of the petitioner and 12 others who were left out from 1997 list though they were similarly sit......anelled for consideration of promotion to the post of General Manager. Furthermore, it is after preparation of third list the appellant has mover this Court. 22. In Halsbury's Laws of England, Third Edition, Volume 14, page 637 the word 'waiver' has been explained as under :- ..Category: Administrative Law | Date: | Hits: 130
Mahmuda Khatun and others Vs. Abul Younus Talukder, 2006, 35 CLC (AD)
.... the trial Court and rather they accepted it. 8. Thus, in the facts and circumstances of the case we find little substance in this appeal. Accordingly, it is dismissed with costs. Ed. ......er under Collaborator Order, 1972 and till 11-7-73 he had been in jail custody and as such he was prevented from appearing on 17-8-72, when the suit was decreed ex parte. The appellants contested the case. It was once allowed ex parte on 2-11-77. But upon an application filed there against on 31-1-7......to whether in view of the decision of this Division that interest in a monthly tenancy is heritable and the fact that the ex parte decree obtained in O.C. Suit No. 29 of 1972 has no direct bearing on landlord-tenancy relationship, the High Court Division erred in law in not holding that the Misc. Ca..Category: Procedural Law | Date: | Hits: 83
Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)
....e discussions made above, we are of the view that the High Court Division was not justified in discharging the Rule. The appeal is, accordingly, allowed. No order of cost. Ed. ......dent, it is to be mentioned that no lease deed has yet been executed between the parties, after allotment for the second time. 15. Therefore having regard to the facts and circumstances of the case and the discussions made above, we are of the view that the High Court Division was not ju...... Limited Company and the appellant No. 2, Managing Director of the said Company filed the above mentioned writ petition stating, inter alia, that the Government of Bangladesh allotted 5 acres of land of Plot No. 14/4 of Mouza-Jhilwanja District-Cox's Bazar to the appellant company by l..Category: Property Law | Date: | Hits: 127
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