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AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ...... merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......in AIR 1985 (Madhya Pradesh), 24, wherein it has been held "It is settled law that a decree in a suit for specific performance of contract for sale is not a final decree but it is in the nature of a preliminary decree which is clear from the provisions of section 35 itself as the ..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ......e appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ......rt did not set aside the finding of the trial Court made as to possession of the parties in the land in suit made upon discussion of the evidence nor set aside the finding of the trial Court as to nature and character of the land in suit. The appellate Court did also not set aside the finding of..Category: Property Law | Date: | Hits: 35
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. ......e transfer petition. The appeal is dismissed without any order as to coast. Ed. ......s and circumstances of the case which go to show the bias of respondent No. 1 which rendered him incompetent to proceed with the trial and that the respondent No. 1 performing functions judicial in nature ought to have refrained from proceeding with the trial in consonance with fundamental judic..Category: Election Law | Date: | Hits: 122
Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)
.... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ......l. Accordingly the appeal is dismissed without any order as to costs. Ed. ......dence adduced on behalf of the plaintiff without any consideration of the limitation set by the said provision of law. 8. The plaintiff is not a party to the document (Ext.1) challenging the nature and character of which the suit has been filed. The defendant No.1 on one part and the ..Category: Property Law | Date: | Hits: 38
Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)
....ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals without, however, any order as to costs. Ed. ...... Supreme Court Appellate Division (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J A.M. Mahmudur Rahman J Mahmudul Amin Choudhury J Bangladesh Biman Corporation………………&......he learned Attorney General and contends further the writ petitioners in their petitions did not make out any case for back salaries and benefits nor did they pray for any direction or writ in the nature of mandamus and that the High Court Division has, therefore, acted beyond its jurisdict..Category: Employment/Service Law | Date: | Hits: 103
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. ......n the appeal. Accordingly the appeal is dismissed without costs. Ed. ......e untenable ground that defendants were required to prove the same and thus wrongly shifted the onus on the defendants and thereby caused failure of justice, that because of the contradictory nature of pleading of the plaintiff as to death of Zeon Bibi preceding her son Awlad Hossain the Hi..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. ...... result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......int is not properly signed or verified or presented the Court has always got the discretion to allow the plaintiff to remedy the defect at a later stage, on the view that the defects are of technical nature relating to matters of procedure curable at any time. Even if the power of attorney was bad t..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. ......appeal is allowed and the impugned proceeding pending against the appellants quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ...... the whole allegation in the petition of complaint, even if true, cannot form the basis of any criminal proceeding, much less for cheating, for, the alleged liability incurred is essentially civil in nature. Thus the appeal is allowed and the impugned criminal proceeding pending against the appellan..Category: Criminal Law | Date: | Hits: 59
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
.... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ......he appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ......1990. Result: The appeal is dismissed. The Evidence Act, 1872 (I of 1872), section 102 When the plaintiff produces from his custody an agreement signed by defendant who admitting the signature gives out an alternative story as to how he put his signature in the document, onus lies on t..Category: Property Law | Date: | Hits: 50
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
.... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ...... The petition is dismissed. Ed. ......ant-respondent Nos. 1-3 from dealing and/or making any transaction underhand or overhand in any manner with any person or person in respect of Birla Brand Tyres and the order dated 14.8.2003 in the nature of temporary mandatory injunction directing the said defendants for stopping entry of all c..Category: Business or Commercial Law | Date: | Hits: 100
M A Wahab, Advocate Vs. State, 1989, 18 CLC (AD)
....ts. The paragraphs quoted above will be treated as expunged from the judgment in question. The petition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ......d as expunged from the judgment in question. The petition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ......cially when no ground was taken in the petition for bail and no emergency case was made out. We are of opinion that the Vacation Bench has no jurisdiction to grant ad interim bail in a case of this nature." (ii) "It seems that the learned Advocate, Mr. M.A. Wahab has obtained the ad interim bai..Category: Criminal Law | Date: | Hits: 55
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. ......he Court permits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ......hout any lawful authority and as of no legal effect. (ii) that in exercise of jurisdiction under Article 102 of the Constitution, the High Court Division should not hesitate to issue a writ in the nature of certiorari as the judgment of a court is under challenge. 4. The learned Judges of the ..Category: Election Law | Date: | Hits: 102
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
....he courts below have rightly convicted the appellant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ......ant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ......eased were very friendly, they spent the day together immediately before the occurrence and nothing happened during the day which might have something to do with the alleged murder. In a case of this nature based only -upon the dying declaration there should have been some evidence of motive althoug..Category: Criminal Law | Date: | Hits: 44
Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)
....s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dismissed. Ed. ......eason to interfere with the same. Accordingly, the jail petition is dismissed. Ed. ......uding face. One wooden stick introduced into the Anus. In his opinion the death of the deceased was due to hemorrhage and shock as a result of cut throat which is ante mortem and homicidal in nature. 6. Thus it is clear that the prosecution witnesses who are inhabitants of the locali..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......e appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......n prepared in the name of the son of the man in whose favour exchange case was regularised said case and as such the said land can not be the subject matter of two exchange cases, that the signature of the proper officer on the stamps fixed in the power of attorney appears to be doubtful an..Category: Property Law | Date: | Hits: 38
Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)
....f the above, we do not find any cogent reason to interfere with the impugned judgment and decree of the High Court Division. The petition is, accordingly, dismissed. Ed. ...... the High Court Division. The petition is, accordingly, dismissed. Ed. ......fit is ex facie incredible and unworthily of any credence and even went on to observe that "does indeed, contain microscopic traces of attempted glossing over some discreet agenda of malafide nature for more than one reason." 7. The High Court Division on admission found th..Category: Employment/Service Law | Date: | Hits: 136
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: ......nterfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ......pondent herein) on the subsequent allotted shares made by the new management should be considered by the respondent Company in accordance with law. 3. Facts in both the matters are similar in nature and accordingly both the matters are taken up together for hearing and disposed of by this ju..Category: Business or Commercial Law | Date: | Hits: 109
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. ......scellaneous Case No.152 of 2001 be stayed till disposal of the appeal. Ed. ...... 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 instituted Miscellaneous Case No.15 of 1992 for realiz..Category: Criminal Law | Date: | Hits: 44
Noor Uddin Vs. Alimuddin and others, 2005, 34 CLC (AD)
....mstances, we are of the view that the High Court Division upon correct assessment of the materials arrived at a correct decision. Accordingly, the petition is dismissed. Ed. ......ials arrived at a correct decision. Accordingly, the petition is dismissed. Ed. ......ayment of advalorem court fee accordingly. The High Court Division while allowing the prayer for amendment held that in a suit for partition prayer for declaration is added that can not change the nature and character of the suit. 6. In the circumstances, we are of the view that the High ..Category: Procedural Law | Date: | Hits: 154
Md. Belayet Hossain Vs. Abul Fayez Md. Abdullah and others, 2005, 34 CLC (AD)
....such view of the Matter we do not find any substance in the submissions of the learned advocate. In view of the discussions made above leave petition is accordingly dismissed. Ed. ......te. In view of the discussions made above leave petition is accordingly dismissed. Ed. ......e respondent Nos. 2-4 by order of injunction from selling the suit property whereupon a rule being Civil Revision No.8(R) of 2004 arose and respondent Nos. 2-4 were so restrained not to change the nature and character of the standing structure and not to accord permission to sell the..Category: Property Law | Date: | Hits: 33
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