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Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ......lants filed a voluminous petition for amendment of the plaint, consisting of about 15 pages (the original plaint being of about 4 pages only) wherein it was stated, infer alia, that the disputed land has been acquired under the provisions of the Emergency Requisition of Property Act, ..Category: Property Law | Date: | Hits: 36
Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
....nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ......hibits and asked the court to adjourn the case to move the Government for transfer. It should be borne in mind that the Tribunal has been made the final authority for adjudication of election dispute. There is no provision for appeal in the Ordinance. In civil matters there is provisio..Category: Election Law | Date: | Hits: 122
Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)
.... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ......een held "As a general rule the Court will assume, unless the contrary is proved, that letters which are proved to have been mailed do arrive in ordinary course of post, and it is on those who dispute that inference to show the contrary". So from the ration of the aforementioned ca..Category: Trust/Waqf Law | Date: | Hits: 266
Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)
....r refers to Section 38 of the Act and submits that if it appears to RAJUK that it is expedient and for the public advantage to acquire the land to provide housing accommodation, RAJUK may pass resolution to that effect and may then proceed to frame an improvement scheme but in the instant ca......ith as prayed for. Stay granted earlier be extended for further 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ..Category: Property Law | Date: | Hits: 31
Mohammad Enayet Rabbi Vs. Sree Sree Shoti Rani Kundho and another, 2006, 35 CLC (AD)
....eed the suit. 10. In the background of the aforesaid discussions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ......ound of the materials on record there is no hurdle in decreeing the suit upon allotting the separate saham of .19 acre of land in favour of plaintiff, that from the defendant's side it has not been disputed that plaintiff is in possession of the land claimed in her share, that the suit is not bad..Category: Property Law | Date: | Hits: 28
Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
....ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ......amaruddin said to have purchased the land in suit from Taleb Hossain has not been proved and as such by the said kabala Taleb Hossain's right in the land in suit was not affected, that there is no dispute that plaintiff is the daughter of Taleb Hossain and that defendant's contention that Tableb..Category: Property Law | Date: | Hits: 25
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ...... the submissions and give his decision on them. 23. We shall, however, express ourselves on some limited matters so that the parties are not plagued by these controversies any more. Central to the dispute is the provision of section 18 of the Stamp Act which is as follows: "18. Instruments ..Category: Property Law | Date: | Hits: 118
Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990, 19 CLC (AD)
....il court. For the reasons stated above, the appeal is allowed and the impugned proceeding pending against the appellants quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ......e basis of a proceeding for cheating in a Criminal Court and the liability, if at all, is civil in nature. The High Court Division, the learned advocate submits, was not justified in holding that the dispute though arose from a business transaction could not be said to be of a Civil nature. 6. Th..Category: Criminal Law | Date: | Hits: 59
Kamruzzaman Vs. State, 1990, 19 CLC (AD)
....nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ......nal. 6. On consideration of the relevant provisions of both the Code and the Act it clearly appears to us that the contentions of the learned Deputy Attorney-General are misconceived. There is no dispute that the Code is a general law of procedure and the Act is a special law for trial of certai..Category: Criminal Law | Date: | Hits: 58
Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)
..... The writ petition will be heard as a motion as soon as the business of the Court permits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ......l 4, 1990. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Article 102 The Dhaka Municipal Corporation (Election of Commissioners) Rules, 1983, Rule 54(2) Election dispute There is no provision for appeal against a decision of the election tribunal constitute..Category: Election Law | Date: | Hits: 102
Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
....ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......plaintiff and nearer to the house of petitioner Nos.1-3 also with ill motive claimed right, title and interest in the suit land and also threatened with dispossession. As a result, there was a dispute between the parties, and at the instance of local leaders both parties agreed to settle the..Category: Property Law | Date: | Hits: 41
Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)
....the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ......having noted that Mr. Zillur Rahman Chowdhury ceased to be the Managing Director earlier to 07.01.1998 and the Company affairs were duly handed over to the petitioners, erred in not entering into the dispute relating to the sale and purchase of entire shares between the subscriber share holder and t..Category: Business or Commercial Law | Date: | Hits: 109
Government of Bangladesh Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....t itself is not maintainable for a decree for permanent injunction and, therefore, in the back ground of the facts of the instant case and as because question of law involved in the case needs resolution on trial, intervention of this court in the matter for doing complete justice to the pa......xed by the trial court. The trial court thereafter would dispose of the suit in accordance with law. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 31
M.A. Sukkur Vs. Md. Zahirul Haque and another, 2005, 34 CLC (AD)
....ation of the impugned judgment and order dated 17.05.2003 passed by the High Court Division in Criminal Miscellaneous Case No.152 of 2001 be stayed till disposal of the appeal. Ed. ......his petition. 6. In support of the petition Mr. Abdus Sobhan, learned Senior Advocate submits, inter alia, that the High Court Division committed error in disregarding the fact that the dispute, if any, between the parties is of civil nature and that the complainant bank already insti..Category: Criminal Law | Date: | Hits: 44
Moulana Noor Mohammad Vs. Bangladesh Madrasha Education Board, 2006, 35 CLC (AD)
....e fact that the writ petition was filed by the writ petitioner as Secretary of the Managing Committee and the principal of the Madrasha and also he has duly authorised by the Managing Committee by resolution the file a writ petition challenging the order dated 22.04.2004 annexure-J to the writ p...... with as prayed for. Stay granted earlier be further extended till disposal of the appeal. The Petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Constitutional Law | Date: | Hits: 139
Md. Nabiul Islam Chy Vs. Joint Regis, Div. Co-operative Office, Rajshahi & ors., 2005, 34 CLC (AD)
....Khetlel UCCA Ltd. on 29-07-2003 for membership and the application was considered by the Chairman of the Ad-hoc Committee and thus the petitioner became a member only on 29-07-2003. On the basis of resolution No. 133 dated 29-07-2003, the petitioner became a member of Khetlal UCCA Ltd. A p...... election. The Joint Registrar illegally declared him Chairman though on such prayer was made in the Dispute Case. 4. The petitioner challenged the said order of Joint Registrar allowing the dispute case and declaring the petitioner unfit and also declaring respondent No.4 as the Chai..Category: Constitutional Law | Date: | Hits: 162
M/S Ashraf Vs. Md. Zahangir Alam & ors, 2005, 34 CLC (AD)
....umbers 1, 2, 3, 6, 9, 10, 13 and 14 in the resolution dated 28.12.2003 taken by the 5th auction committee and further to accept the bid offered by the petitioner for item No.7 If the said resolution; that the High Court Division has no jurisdiction to fix the value of the items for auct......nted earlier in Civil Petition No.223 of 2005 be extended for further 6 (six) months from date. The petitioners are directed to make the appeals ready for expeditious hearing. Ed. ..Category: Civil Law | Date: | Hits: 97
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......rity against the respondent No.1 and the High Court Division, having gone through the evidence and the materials on record also found that in respect of many of the documentary evidence there were no dispute and then on discussing the evidence of both the sides, though in brief, found that the judgm..Category: Civil Law | Date: | Hits: 109
Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)
....ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ......g that respondent No. 2 had "transferable right" in the properly in spite of his Lease-Deed with the Government which showed his position as that of a mere "Licensee". 4. Facts of the case are not disputed. The Lease Deed between the Government and respondent No. 2 is a "Standard Agreement for Al..Category: Property Law | Date: | Hits: 40
Laizu Begum and others Vs. Election Commission and others, 1989, 18 CLC (AD)
....ated, as has been rightly pointed out by the High Court Division. In the result, the appeals are dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 180.......f this Rule, will be necessarily vitiated. The High Court Division, without specifically expressing its view on this question, disposed of the matters observing that the question being connected with disputed questions of fact as to whether the result of the election has been materially affected by ..Category: Election Law | Date: | Hits: 163
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