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Golam Md. Vs. Sr. S N Kanangoe being dead his heirs Sr. Biman B Kanangoe & ors., 1993, 22 CLC (AD)
....y by order dated 30.6.76. 2. The grounds on which the appellant resisted the present pre‑emption case were, inter alia, that the application was barred by res judicata and that it was bad for defect of parties. The trial Court found that the case was bad for defect of party as one A..Category: Property Law | Date: | Hits: 85
Saidur Rahman Neuton and others Vs. State, 1993, 22 CLC (AD)
....s found in the lock‑up of the police station is very often found on the streets. P.W. 7 Ruhul Amin admitted in cross‑examination that some young boys of the locality had driven out some bad women of the locality and for which this false case was started against them for giving them tr..Category: Criminal Law | Date: | Hits: 66
Bank of Credit & Com. (Overseas) Ltd now Eastern Bank Ltd Vs. Tajul I Chy & anr, 1993, 22 CLC (AD)
....he High Court Division, as the Rule Nisi was made absolute in narrower terms and the prayer for re‑instatement was not acceded to. 26. Hence although the order of dismissal found to be bad and illegal on a ground different from that held by the High Court Division the Labour Court's ..Category: Labour and Industrial Law | Date: | Hits: 100
Abdul Baten Vs. Abdul Latif Sheikh and others, 1993, 22 CLC (AD)
....mptee-petitioner was not a co‑sharer in the case holding and the deed of gift was a pre-emptible one. Among other defences the pre-emptee-petitioner contended that the miscellaneous case was bad for non-joinder of parties and that the deed of gift is not a pre‑emptible document. ..Category: Property Law | Date: | Hits: 56
Abdul Hamid Kazi Vs. Abdul Jabbar Jamadar and others, 1974, 3 CLC (AD)
....ithout giving any notice to him. It was contested by opposite parties Nos. 2 and 4 of the said miscellaneous case which was dismissed by the learned Munsif on 29-8-59 holding that the proceeding is bad for defect of parties as Amena, sister of Somartaban Bibi was not made a party and that it..Category: Property Law | Date: | Hits: 50
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....e in this case although the transfer took place before the coming into force of Part V of the State Acquisition Act. It further held that the application for pre-emption was not bad for defect of parties since the added parties are mere proper parties and not necessary partie..Category: Property Law | Date: | Hits: 60
Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)
....ng 400/- ‘in the whole’ but the amount of maintenance granted to Begum Hamida and her four children having exceeded Rs. 400/ the order of the Magistrate has been held to be bad in law. No decision has, however, been referred to in support of this view. In Mst. Sughra Beg..Category: Family Law | Date: | Hits: 146
State Vs. Ashraf Ali and others, 1994, 23 CLC (AD)
....implicated at the instance of PW 2 Mona, who had a grudge against them, in particular against accused Ashraf Ali. His plea was that he, as Secretary of the Local Club, had taken Mona into task for bad moral character of Mona's sister‑in‑law. The learned Additional Sessions Judge, upo..Category: Criminal Law | Date: | Hits: 119
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....as to be deemed to be a permanent resident under the proviso to Article 2; that the allegations that the respondent's indulged in anti-Bangladesh activities were irrelevant; that the notification was bad for violation of principle of natural justice; and that the respondent' writ petition was not ba..Category: Immigration and Citizenship Law | Date: | Hits: 522
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....consisting of civilised persons would in normal circumstances seek to perpetrate a manifest injustice by validating acts done in excess of jurisdiction or in abuse of jurisdiction or clearly in bad faith and it is for this reason that the Courts, out of respect for the Legislature, start wit..Category: Constitutional Law | Date: | Hits: 174
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
....appeals the punishments were imposed by the President of the Republic under the Government Servants (Discipline and Appeal) Rules, 1985, briefly the Rules. The Tribunal held that both the orders were bad but the cases were dismissed as time‑barred under the Act and refused to exclude the time spen..Category: Administrative Law | Date: | Hits: 129
Syed A Jalil Vs. Mahbub Alam (Babul) and others, 1994, 23 CLC (AD)
....dvocate for the petitioner, has contended that no evidence has yet been recorded in the Election case and no foundation for recounting has been established and, as such, the order for recounting is bad in law. In support of this contention he has referred to the decisions reported in 27 DLR 594 ..Category: Election Law | Date: | Hits: 119
Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)
....eparate application is necessary to be filed for condonation of delay………………………..(9) (ii) The order of the learned District Judge admitting the time barred appeal was apparently bad but the learned Judge of the High Court Division instead of setting aside the same altogether co..Category: Procedural Law | Date: | Hits: 121
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....e in the writ petition are vague without details and the petitioner did not even allege that after the construction of the basement, which will be used for car parking, stink and bad smell are spreading in the area causing health hazard; the question as regards the inconvenienc..Category: Environmental Law | Date: | Hits: 293
Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)
.... in terms of the agreement for reconveyance the transferee had reconveyed the land and, as such, Miscellaneous case has become infructuous, that the Miscellaneous case was barred by limitation and bad for defect of parties. 4. The trial Court dismissed the Miscellaneous case on the findi..Category: Property Law | Date: | Hits: 67
Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)
.... he is entitled to pre-empt the case land. 3. The pre-emptees contested the case by filing a written objection contending, inter alia, that the case is barred by limitation and the same is bad for defect of parties, that the pre-emptor had knowledge of the sale as the sale took place wit..Category: Property Law | Date: | Hits: 64
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....e and not in reality. It is “what it purports to be". Colourability is linked up with incompetency, that is, an authority doing a thing which he got no power to do. "Colourable" is not tainted with bad faith; it is just lack of jurisdiction. In other words, in the case of 'law‑making, the, doctr..Category: Constitutional Law | Date: | Hits: 655
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....ailed to prove that defendants have been in illegal possession of the suit land". The defendants put up new grounds at the time of argument of the case viz, that the suit was bad for defect of parties, and that the suit abated as some of the parties had died long before, a..Category: Criminal Law | Date: | Hits: 141
Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)
....May, 1991 allowed the application of the respondent as already referred to above. 6. Mr. TH Khan, learned advocate for the plaintiff‑appellants, has submitted that the impugned order is ex facie bad in that it does not reflect application of any judicial mind to the relevant facts of the case a..Category: Property Law | Date: | Hits: 67
Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)
....al Code. This order was made in its judgment dated 28 May 1982, On appeal, the learned Judges of the High Court Division found that the identity of the actual assailants, that is, the persons, who bad assaulted, and caused the death of Giasuddin was not established in view of discrepant statemen..Category: Criminal Law | Date: | Hits: 59