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Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)
....t deduct his claim in bringing his action. Transaction set-off is clearly a substantive right protecting the debtor against a creditor claiming for something which he has not done or has done defectively; see Hanak v. Green [1958] 2 All E.R. 141, C.A.; The Leon [1985] 2 Lloyds L.R. 470 abat......do not concede, they were, by operation of section 139 of the Contract Act, 1872 ("the Act"), discharged of any obligation under the terms of the guarantee by the omission of the opposite party-respondent No.2 to pray for foreclosure of the said mortgage or for the sale of the mor..Category: Civil Law | Date: | Hits: 96
Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)
....raction of litigation, and consequent delay causing much inconvenience and loss of time as well as of money which has acquired the proverbial name of 'law's delay' are due not so much to the inherent defect in the procedural law as to incept handling of a cause by the parties concerned, namely, the ......ad inherent jurisdiction to pass an order of temporary injunction under section 151 of the Code of Civil Procedure and that if in a case where an application for temporary injunction was pending, any party to the case in order to defeat the order of the Court which might be passed on such an applica..Category: Property Law | Date: | Hits: 31
Billal Hossain and others Vs. Mofizur Rahman and others, 2006, 35 CLC (AD)
....District Judge considering the provisions of Order I rule 9 CPC and also citing few decision of superior courts held in the facts and circumstances of the present case the suit should not fail for defect of parties and further the grounds taken in the re visional application are of general natur......rived at a correct decision and there is no cogent reason to interfere with the side decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 54. ..Category: Property Law | Date: | Hits: 19
Shahidul Hoq @ Md. Shahidul Hoq Vs. Bangladesh, 2006, 35 CLC (AD)
....rived at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 51. ...... the name of Nawab Sir GM. Faruki along with other co-sharers of the property; a miscellaneous case filed for correction of record of right by Sahera Khatoon in which the respondent was made a party and notice of the said case was duly served upon the respondent but the respondent not being ..Category: Property Law | Date: | Hits: 27
Atiqullah alias Atik Vs. Mohammad Safiquddin, 2006, 35 CLC (AD)
.... In that state of the matter we do not find any substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 36. ...... appellate Court upon misconception of law held that the suit is not maintainable. 7. As against the aforesaid contention of the petitioners it was contended on behalf of the opposite party No.1 that the suit as framed was not maintainable since complicated question of title wa..Category: Property Law | Date: | Hits: 26
Shushil Chandra Nath Vs. Shanjib Kanti Nath and another, 2007, 36 CLC (AD)
....regard the land in suit and consequent thereupon the suit so filed was not maintainable and as such the relief sought was not available to the plaintiff, that the suit as filed by the plaintiff was defective and that the courts below upon a total superficial consideration of evidence and als......ineness of the deed of gift and the learned Counsel has referred to the case of Sardar Gurbakhsh Singh Vs. Gurdial Singh and another reported in AIR 1927 (PC) 230 wherein it has been observed that party to the suit should be offered as witness. In the background of the facts of the instant case ..Category: Property Law | Date: | Hits: 46
Bangladesh Vs. Mostafizur Rahman, 2007, 36 CLC (AD)
....udgment of this court. The appeal has no substance and should be dismissed. Hence the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: V ADC (2008) 12. ......esh (Appellate Division) Rules, 1988 is quoted below:- ORDER XXVI REVIEW "1. Subject to the law and the practice of the Court, the Court may, either of its own motion or on the application of a party to a proceeding, review its judgment or order in a Civil proceeding on grounds similar to thos..Category: Procedural Law | Date: | Hits: 107
State Vs. Matiur Rahman, 2007, 36 CLC (AD)
....on of the High court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 4; V ADC (2008) 164. ......t in a calculated manner by awakening her from the sleep and taking her out of the bed without causing any other physical harm to her and on the other hand it is rather possible for any third party to cause one single stab injury to remove any obstacle in his way while committing theft whic..Category: Criminal Law | Date: | Hits: 58
Faiz Ahmed Chowdhury Vs. Alhaj Shamsul Huda Chowdhury and others, 2007, 36 CLC (AD)
....bstance in the submissions of the learned Advocate for the respondent. Accordingly, the Civil Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 128. ......of Section 115 of the Code of Civil Procedure under Act 40 of 2003 first revision was to be filed in the Court of District Judge under Section 115 (2) for the revise any decree or order and if any party being aggrieved by a revision was to be filed under Section 115(4) for granting leave for rev..Category: Property Law | Date: | Hits: 38
Md. Rafiq Uddin and another Vs. Md. Khorshed Ali Mollah and others, 2007, 36 CLC (AD)
....ts contested the suit by filing written statement denying the plaint Case stating that the suit was not maintainable in present form and was barred under the law of limitation. There was defect of parties. The Suit was not properly valued. The defendants stated that the suit land ......tance in the submissions of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 115. ..Category: Property Law | Date: | Hits: 27
Divisional Forest Officer, Dhaka Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....he defendant No.1 as plaintiff instituted T.S. No. 29 of 1984 in the Court of Assistant Judge, Kaliakair, Gazipur for permanent injunction against the government and the suit was dismissed for some defects but the said dismissal did not affect the right, title and interest of the defendants in th...... correct in law in dismissing the preset suit for the reason that there was no prayer in the plaint for declaration of title and recovery of khas possession in the suit land and also for defect Of party in that the Deputy Commissioner, Gazipur representing the Government was required to be imple..Category: Property Law | Date: | Hits: 35
Md. Asgar Ali alias Asgar and others Vs. State, 2007, 36 CLC (AD)
....d reduced the sentence of the petitioners. There is nothing to interfere. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 897. ......upon Jahurul Huq in his left hand and other accused assaulted him with lathi and then victim fell down and that the number of the accused persons being larger than that of informant, the informant party fled away out of fear and came to know that victim Jamal had been confined there and other vi..Category: Criminal Law | Date: | Hits: 43
Mosammat Parveen Sultana Vs. Mosammat Sahera Khatun & another, 2007, 36 CLC (AD)
....on record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 889. ......r. So, the petitioner instituted a suit for his eviction and got a decree and evicted Zahiruddin through Court on 21.04.1988 and Ansars were deputed to protect her possession. Sahera Khatun and her party men forcibly demolished the boundary wall constructed by the petitioner who filed Criminal Cas..Category: Tenancy Law | Date: | Hits: 155
Hazi Salahuddin and others Vs. Zinnatan Nesa and others, 2006, 35 CLC (AD)
....is impugned order. 8. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 882. ......se relatives and it further appears that at one point of time the defendant No.7 was also residing at New York in United Stated of America and an attempt was also made by the plaintiff-opposite party No.1 to effect service upon her New York address but that service return has not yet reached..Category: Property Law | Date: | Hits: 24
Hemayet Ali Shaikh and others Vs. Ramesh Chandra Mondal and others, 2006, 35 CLC (AD)
....has not been specified and that the consideration money of the deed dated 29.4.1963 having not been passed, dismissed the suit but the High Court Division made the Rule absolute without curing the defect as to declaration of title of unspecified land and also without adverting to the issue of no......ere is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 866. ..Category: Property Law | Date: | Hits: 25
Most. Hamida Bewa Vs. Jasiron Nesa and others, 2005, 34 CLC (AD)
....n other words a party is not competent in law to seek review in the manner as sought. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 862. ......review. The contentions raised in the grounds have already been considered by this Division while disposing of the appeal. The settled principle of law is that in the garb of the review a party is not competent to resort to the rehearing of the appeal. The grounds raised in the review ..Category: Procedural Law | Date: | Hits: 79
Sarwar Zaman Vs. Yongtai Industries Bangladesh Ltd. and another, 2006, 35 CLC (AD)
....any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 855. ......ations against the company as well as the Chairman and the duly appointed Managing Director of the company, those allegations, being false, need to be controverted and so the company should be made a party in the matter as the respondent No.2. The petitioner filed an affidavit-in-reply denying the..Category: Business or Commercial Law | Date: | Hits: 151
Jagabandhu Sarker and others Vs. Jotish Chandra Sikder and others, 2005, 34 CLC (AD)
....ns made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 849. ......it afresh upon giving opportunity to the parties to adduce further evidence, "if it is at all necessary" and also to consider the evidence on record afresh "without prejudice to any party" was not legally well founded one since the suit was filed against dead persons and cons..Category: Property Law | Date: | Hits: 19
Md. Sahidul @ Sahidul Hossain Hannan Vs. State, 2006, 35 CLC (AD)
....nce. In view of the discussion made above we find no merit in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 794. ......sion the petitioner made the following prayer: "Wherefore, it is humbly prayed that, your Lordship would graciously be pleased to call for records issue a rule calling upon the opposite party to show cause as to why the proceeding in Druto Bichar Tribunal Case No. 12 of 2005 (arising ..Category: Criminal Law | Date: | Hits: 64
Abdur Rahim Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....espondent No. 11 for addition of party and added her as party in the writ petition. 9. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 772. ......r from existing 4 hectors to 20 hectors of land of the same Mouza. 3. The High Court Division by order dated 04.05.2006 allowed the application of the Respondent No. 11 for addition as party in the writ petition. On another application filed by the writ petitioner, the High Court Div..Category: Property Law | Date: | Hits: 52
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