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Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)
....authority. 2. The principal question, which this petition under Article 102 of the Constitution raises for our decision, relates to the construction of several Articles of the Constitution against defection by the members of Parliament. The question was raised by the two petitioners, Khondker Del......lled the B.N.P. and both of them were members of the Parliamentary Party of the B.N.P. Ignoring the parliamentary rules and practices and knowing very well that the B.N.P. is the principal opposition party in Parliament and it is opposed to the idea of a consensus Government, those members crossed t..Category: Constitutional Law | Date: | Hits: 171
Md. Shafiqul Islam Talukder Vs. People’s Republic of Bangladesh, 2009, 38 CLC (AD)
.... ......owing the provisions of the project proforma, unquestionably the incumbent would be departmentally proceeded for his failure to abide by the provisions of the project proforma. The government being a party to these project roforma has bounden duty to abide by any of its provision in the same way as ..Category: Employment/Service Law | Date: | Hits: 106
Secretary, Parliament Secretariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)
....ce and therefore: (a) the expulsion of members from parliament as a penalty for leaving their parties (floor-crossing) should be viewed as a possible infringement of members independence; anti-defection measures may be necessary in some jurisdictions to deal with corrupted practices; ......national constituency No. 67, Sirajganj-7 and national constituency No. 56, Rajshahi-5 respectively as candidates of Bangladesh National Party (BNP) and both of them were members of the parliamentary party of BNP. On being allured and induced by the ruling party the said members of Parliament change..Category: Constitutional Law | Date: | Hits: 138
State Vs. Akter Hossain @ Khokan and another, 2009, 38 CLC (AD)
....t and order dated 26.02.2009 passed by the High Court Division in Death Reference No.61 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 358. ......minal appeals and acquitting the accused respondents from the charge levelled against them. 3. The prosecution case, in short, are that there had been a continuous enmity between the informant party and the F.I.R named accused persons including the convict appellant number 1 over the landed..Category: Others | Date: | Hits: 66
Mrs. Bakul Akter Vs. Bangladesh and others, 2010, 39 CLC (AD)
.... that case she will be liable. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 282, 7 LG (AD) (2010) 101, 31 BLD (AD) (2011) 33. ......re of the company to make such repayment, he becomes liable, not as a share-holder but as a guarantor or mortgagor or both as the case may be. 7. In the present case, the petitioner is a necessary party in the suit because the company enjoyed the loan when she was its Chairman, as such, the suit ..Category: Banking Law | Date: | Hits: 77
Anwar Munshi and others Vs. Kulsum Begum and others, 2009, 38 CLC (AD)
....urt Division. 10. The petitioners have filed "an application for withdrawal of the present suit with liberty to institute a fresh suit in respect of the subject matter of the suit for formal defect". 11. Since the petitioner (plaintiffs) miserably failed to prove his case in all the ......laiming saham of 13 kranti land. Summons of the suit was duly served upon the predecessor-in-interest of the plaintiffs, the defendant No.18 and after his death, on substitution plaintiffs become party defendant in the suit but they did not contest the suit. The suit was accordingly decreed ex p..Category: Property Law | Date: | Hits: 35
Jalaluddin Ahmed and others Vs. Md. Selim Hossain and others, 2010, 39 CLC (AD)
.... the way if they file a fresh suit, for recovery of the suit property. This leave petition is dismissed with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 291. ......7 of 2009. (From the judgment and order dated 16.4.2009 passed by the High Court Division in Civil Revision No.1895 of 2006) Judgment SK Sinha J. - The petitioners who are third party preferred this petition for leave to appeal from the judgment and order dated 16th April, 2009..Category: Property Law | Date: | Hits: 28
Sher Mohammad Vs. Md. Munsur Ali and others, 2009, 38 CLC (AD)
.... plaintiffs stating, inter alia,that the suit of the plaintiffs is not maintainable inasmuch as there was no cause of action to institute the suit; that the suit is barred by limitation and bad for defect of parties; that the defendants case is that the suit land originally belon......ance in any of the submissions of the learned Advocate for the petitioners. Accordingly this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 288. ..Category: Property Law | Date: | Hits: 51
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
....plaint and a decree for declaration that the settlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ......the Specific Relief Act and section 7 of the Court Fees Act. After withdrawal of he suit or dismissal of a suit for non-prosecution for default no fresh suit can be filed by the same parties or any party claiming through them on the same subject of dispute without the permission of the court and a..Category: Property Law | Date: | Hits: 29
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)
....ances of the case. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ......, would either operate or perpetuate an injustice. To find an 'abuse' it would be necessary to see in the proceeding' a perversion of the purpose of the law such as to cause harassment to an innocent party, to bring about delay, or where the machinery of justice is engaged in an operation from which..Category: Anti-Corruption Laws | Date: | Hits: 195
Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)
....nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ......ts of the deity, as stated above, practically lie dormant and it is the shebait alone who can file suits in the interest of the deity. When, however, the shebait is negligent or is himself the guilty party against whom the deity needs relief, it is open to worshipper or other persons interested in t..Category: Property Law | Date: | Hits: 29
S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)
.... of immovable property as a tenant of another person there neither he nor anybody claiming throng him shall be permitted during the continuance of the tenancy to deny the landlord’s title however defective that title might be. This necessarily implies that in case the tenant sets up a claim of t......ndant No.2 the instant petitioner, who obtained Sale Certificate and took delivery of possession on 10.05.1955; that the auction sale was fraudulent, benami and null and void; that defendant opposite party No. 1 (Probhabati Chatterjee) started Miscellaneous Case No. 69 of 1956 under Order 21 rule 90..Category: Tenancy Law | Date: | Hits: 185
....ation for addition of party.
We find no substance in this petition which is accordingly dismissed with the above observation.
Ed.
This Case is also Reported in: VII (ADC) (2010) 189.
......er, then it will be difficult to recover the amount of Tk.66,39,572.30 of Food Department from the carrier.
6. Under such circumstances the government filed an application to be added as a party in the Execution Case No.05 of 2004 filed by M/S. Al Falah Shipping Lines Ltd. but the High Co..
Category: Others | Date: | Hits: 356
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2009, 38 CLC (AD)
....ngs of the Courts below. In the premises we do not find any merit in the application. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 137. ......and. 3. The suit was filed challenging the wrong recording of the Khatian published in the name of Mosammat Daulat Bibi, Sukuri Bibi, Sonai Bibi and Rahela but the present plaintiffs were not made party therein and the suit was decreed ex-parte, inspite of the fact that Sukuri Bibi @ Kuti Bibi di..Category: Property Law | Date: | Hits: 37
Chairman, RAJUK Vs. Mostafa Kamal and others, 2009, 38 CLC (AD)
....nd within 3(three) weeks." 23. In the result the appeal is disposed of. The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ......) lacs by pay order No. H 1453870 dated 06.07.2006 as earnest money offering Tk.7,07,03,900/- as the highest bidder of the second auction. 17. It further appears that Mahmudul Huq was not made a party in writ petition. 18. It further appears that the respondent writ petitioner is his concise..Category: Limitation Law | Date: | Hits: 154
Md. Basarat Ali Vs. Md. Abdul Mannan and others, 2008, 37 CLC (AD)
....ment to contest the suit. They denied the allegations of the plaintiffs and specifically pleaded that the plaintiffs are not the successors-in-interest of Reza Mohammad and pleaded bar of limitation, defect of party and maintainability against the plaintiffs suit. Case of the contesting defendant, i...... Chak No.33 and after him, his successor-in-interest i.e. the plaintiffs and proforma defendant Nos.41 to 135 got the same. During the last settlement operation the said land was correctly recorded party in the names of the plaintiffs, partly in the names of defendants and partly in the names of..Category: Property Law | Date: | Hits: 33
Mohammad Shahid Ullah Vs. Chairman, First Court of Settlement, Dhaka and others, 2008, 37 CLC (AD)
....f law causing failure of justice. We find no merit in this appeal and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 76. ......l Faraj Molla filed a Case No.132 of 1996 and the property was enlisted in the "kha" list without sending any notice upon the appellant. The appellant then filed an application for being added as a party in Case No.132 of 1996 which is pending before the Court of Settlement but appellant's applica..Category: Property Law | Date: | Hits: 37
Golam Rab Chowdhury Vs. Mrs. Sajeda Begum and others, 2009, 38 CLC (AD)
....e in law and is liable to be set aside. We find substance in this appeal. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 69. ......e respondents application. Being aggrieved by the impugned decision the respondent obtained a rule in Writ Petition No. 7112 of 1997 in which the appellant, Gholam Rob Chowdhury, was impleaded as a party on his application. 5. The appellant claims that he is a government servant. In 1975 ..Category: Property Law | Date: | Hits: 31
Government of Bangladesh Vs. Md. Zillur Rahman, 2009, 38 CLC (AD)
.... not find any legal infirmity in the impugned judgment of the Administrative Appellate Tribunal. The Petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 67. ......bunal allowed the petition partly and ordered for granting pension and payment of arrear gratuity after deduction of Tk. 73,791/42. Hence, was the case. 3. The case of the appellant-opposite party was that the petitioner retired from service on 5.1.2002 after the period of his LPR from 05.0..Category: Employment/Service Law | Date: | Hits: 67
Md. Nazrul Islam Vs. National Fans Limited and another, 2009, 38 CLC (AD)
....ality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 61, 16 MLR (AD) (2011) 420. ......ed 01.08.2006 passed by the High Court Division in Trade Mark Appeal No. 63 of 2001). Judgment Md. Tafazzul Islam J.- This petition for leave to appeal, at the instance of the opposite party/petitioner, is directed against the judgment and order dated 1.8.2006 of the High Court Divisi..Category: Intellectual Property Law | Date: | Hits: 211
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