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Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
....urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ......permission in 1968 when the suit was already time-barred, the limitation of 3 years, in any case, debarred the plaintiff from instituting the suit. Mr. Islam has candidly submitted that he does not dispute the proposition that notwithstanding the bar of section 6(2) of the Ordinance, the plaintiff..Category: Procedural Law | Date: | Hits: 132
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
.... doubt. In the result, therefore, I would dismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ...... village Raichata, P.S. Banshkhali, which took place on 13 July 1983 at about 8 P.M. when he was returning home from a bazar known as Ishwarbabu's Hat. There is no dispute about the murder, but the dispute is as to whether these appellants were the murderers. Siraj Ahmed was living in the house of..Category: Criminal Law | Date: | Hits: 52
Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)
....learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ......tled to be protected against the lawful owner by an order of injunction and then a trespasser also is not entitled to perpetual injunction against the owner of properly. These principles arc not in dispute but in a case of cancellation of settlement it cannot be said that the lessee is a trespasse..Category: Property Law | Date: | Hits: 29
Sukumar Sen & Others Vs. Gouranga Bejoy Dey & Others, 1989, 18 CLC (AD)
....s including respondents 6-8 (defendants 7-9) who are said to have attained majority already. There will be no order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ......iled other Suit No. 24 of 1984 in the Court of Assistant Judge, Boalkhali Upazila, for declaration of their title to and recovery of khash possession of the suit land. The plaintiffs alleged that the disputed land originally belonged to one Jamini Kanta Sen who bequeathed the same to Sabitri Bala De..Category: Property Law | Date: | Hits: 85
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
.... result, therefore, the appeal is allowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ......s published in the Official Gazette on 12 May 1988 but the appellant could not take me oath as required under the law because of an order of stay obtained in the writ petition. 3. As regards the dispute as to whether the appellant was a defaulter in repaying his loans to the Krishi Bank, the re..Category: Election Law | Date: | Hits: 130
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ......took the ballam from his wife Sahera Khatun and dealt a ballam blow on the chest of Afzal Hossain who died on the spot. 3. The defence case is that Mir Ali Khandakar, a co-sharer in respect of the disputed Plot No. 6, instituted a partition suit on 4.8.1967 against the father of Afzal Hossain..Category: Criminal Law | Date: | Hits: 105
Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)
.... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ......ely settled in the absence of such party. Thus only a necessary or proper party could be added in whose presence the Court could completely and effectually adjudicate upon the subject-matter of the dispute between the parties. 6. In the instant case, admittedly the petitioner is claiming ..Category: Property Law | Date: | Hits: 24
Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)
....egations made in the plaint and contended, inter alia, that the plaintiff was repeatedly asked to sign the contract but he was avoiding to execute the formal contract and ultimately in terms of the resolution of the Company a formal contract was sent to him on 13.12.1989 for his signature but th......ned Counsel for the petitioner and Mr. S.M. Zillul Huq, the learned Counsel for respondent No.1 and perused the judgment of the High Court Division and other connected papers. 6. It is not disputed that the plaintiff was appointed as Managing Director of the Defendant Company for a perio..Category: Employment/Service Law | Date: | Hits: 82
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
.... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ......on erred in holding that the suit of the appellants was barred by principle of res-judicata in view of the ex parte decree in Title Suit No.860 of 1981, that in view of the facts that the disputed land is a reserved forest as per notification dated 15.12.1953 and 13.4.1955 and as such ..Category: Property Law | Date: | Hits: 38
M Sahabuddin Vs. State, 2006, 35 CLC (AD)
....nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ......ading to this petition, are that first information report was lodged by one Mojibur Rahman Munshi on 8-12-2001 with the Bauphal Police Station, alleging, inter alia, that there was a long standing dispute and enmity with accused Nos. 1-9 over a landed property and on the date as mentioned above ..Category: Criminal Law | Date: | Hits: 34
Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)
....t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ......y, the respondent is a full-fledged Government servant and he was obliged to go to the Tribunal for all his grievances. So, the argument of Mr Mohammad Ali cannot be ignored. 19. There is no dispute as to the ratio decidendi in the cited decisions as considered by the High Court Division ..Category: Employment/Service Law | Date: | Hits: 69
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ......n granted to the pardanashin ladies has been extended to ignorant and illiterate women though not strictly speaking pardanashin. 11. "If, in a case of transfer by a pardanashin lady, a dispute arises as to its validity, the onus is always on the party who seeks to hold the transferor..Category: Property Law | Date: | Hits: 30
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
....he title of the plaintiff has arisen and that the land in suit having been recorded in the CS khatian in the name of Rahim Boksha Bepari, which has a presumptive value, as such, for the purpose of resolution of the conflict so has arisen there is necessity of the documents filed by the defendant...... and the CS khatian prepared in the name of Rahim Boksha Bepari, RS Khatian and other papers, were not discussed extensively and properly by the trial Court, as such, for proper adjudication of the dispute of the parties it would be legal and proper to remand the suit to the trial Court and there..Category: Property Law | Date: | Hits: 36
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ......riticised on the ground that similar law has not been made for application to members of other classes. Exclusion of members of the other class, namely, the Parliament from this law, which is undisputedly a beneficial one, is certainly unethically and morally un-defendable; but it is not u..Category: Constitutional Law | Date: | Hits: 221
Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)
....ise. 4. The respondent Nos. 1 and 2 by filing supplementary affidavit brought on record certain materials relevant for appreciation of the issues involved in the writ petition. Annexure 17, resolution of Board meeting of the corporation held on 22-4-89 shows that in its 80th Board meeting...... he continued there till he was wrongly retired by the respondent No. 2, though the service 139 regulation of respondent No.1 is clearly applicable in the case of the petitioner. 7. It is undisputed that the petitioner joined the then Pakistan Army in 1969 and was commissioned as 2nd Lie..Category: Employment/Service Law | Date: | Hits: 109
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ...... levels postulates necessity of having Electoral Rolls prepared in accordance with law. For the forthcoming National Election, the Election Commission is required to prepare Electoral Roll. Now the dispute has arisen as to whether Electoral Roll afresh should be prepared or the existing Electoral..Category: Election Law | Date: | Hits: 159
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....ted that even the learned Chief Justice did not apply his mind whether the scheme of setting up Permanent Benches violates the constitutional position of the Supreme Court. He referred to the various resolutions of the Bar Association when numerous appeals and petitions and representations were ma......he effective Stale administration under the Constitution." But such power cannot override the Constitutional scheme. 104. That the Indian High Courts have their territorial jurisdictions cannot be disputed. Therefore, the writ issued by the Court cannot run beyond the territories. The authority m..Category: Constitutional Law | Date: | Hits: 1934
Mohammad Musa Vs. Kabir Ahmed & anothers, 1989, 18 CLC (AD)
....lly proved. It was accepted by all the three Courts below. We find no reason to interfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ......roceeds to the complainant in spite of repeated demands. The complainant had to pay Taka 8000/- to the said Hajee Mojaffar Ahmed Chowdhury. It is further alleged that there was a Salish for the dispute but the appellant refused to attend the Salish and he subsequently denied the entire transac..Category: Criminal Law | Date: | Hits: 44
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147......' kabala. The appellants were in their purchased land from 1977 without any interruption, but the incident took place just three months after Bazlur Rahman's purchase of the other plot. Further, no dispute arose in respect of the northern part of Plot-3 834/4168 which was purchased by P.W.3 Abu Ta..Category: Criminal Law | Date: | Hits: 49
ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)
....aying the appeal has become of mere academic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124......chand Omraolal case. 8. The submission of Mr. Khondker Mahbubuddin Ahmed has considerable force. The legal aspect of the matter has been settled already and Mr. Moksudur Rahman also does not dispute this proposition. Therefore Mr. Moksudur Rahman argued forcefully for remand. But a remand..Category: Property Law | Date: | Hits: 56
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