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Shahe Alam (Md) Vs. Md. Golam Sarwar and others, 2000, 29 CLC (AD)
....o substance in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 164. ......er dated 18-8-1999 passed by a Single Bench of the High Court Division in Civil Revision No. 2561 of 1999. By this order the High Court Division dispensed with the service of notices upon opposite party Nos. 2 to 5. 2. The short fact leading to this petition is that on 11-12-1997 election..Category: Election Law | Date: | Hits: 112
Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
....s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ......f the Representation of the Peoples Order, 1972 (PO No. 155 of 1972), briefly, the Order, before the Election Tribunal (District and Sessions Judge), Pirojpur. 2. The appellant was opposite party No. 5 in the election petition. The election-petitioner alleged, inter alia, in his petition ..Category: Election Law | Date: | Hits: 126
Chera Dangi Mela Committee Vs. Mohammad Yusuf Ali & others, 1978, 7 CLC (AD)
.... the matter remitted back to the District Judge for the disposal in accordance with law. Costs of the appeal will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 310. ......ive attribute. The view was that the District Judge under the two clauses acts not as a Court but as a designated person. His acts under the deed shall bind the parties but will not give right to any party either to appeal from there or to take a revision to the High Court. 4. Mr. Ahmed Sobhan t..Category: Trust/Waqf Law | Date: | Hits: 185
Mozzammel Haq Vs. Bangladesh and others, 1978, 7 CLC (AD)
.... was rightly rejected by respondent No. 3. This Court granted leave to consider that when the Returning Officer had no difficulty as to the identity of the appellant or his proposer and second, the defect as to number of ward, if any, ought to have been allowed to be remedied, as has been provide......e Rules, power to dismiss the appeal summarily. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 306. ..Category: Election Law | Date: | Hits: 114
Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)
....ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ......tiff, the suit was instituted. 5. The Appellant having come to know about the suit filed an application on July 28, 1972 under Order I, rule 10 of the Code of Civil Procedure for being added as a party defendant mainly on the ground that he is the only surviving heir and successor Sreemati Shant..Category: Tenancy Law | Date: | Hits: 142
Leakat Ali Sowdagar Vs. Abdus Salam Sowdagar and another, 1978, 7 CLC (AD)
....a question of fact. 7. We do not find substance in any of the contentions of the learned Counsel. Both the petitions are dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 241. ......vides for making an application for constitution of Conciliation Court; section 6, prescribing the conditions for the exercise of jurisdiction by Conciliation Court, and section 10, lying down that a party to the dispute may seek his remedy in the ordinary court on failure of the conciliation and a ..Category: Tenancy Law | Date: | Hits: 163
Master Abdul Aziz Vs. Abani Mohan Mukherjee and others, 1978, 7 CLC (AD)
....n the result the appeal stands dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 222. ......before the High Court. In this connection Mr. Huq drew our attention to rule 3 and 4, and sub-rule (2) of rule 9 of order 22 of the Code as regards procedure to be followed in case of death of any party in suit. Order 22, rule 3 lays down the procedure to be followed in case of death of one of s..Category: Civil Law | Date: | Hits: 116
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
....uo;s Order or as abandoned property under or in pursuant of the President’s order by, or under the authority or at the instance of, the Government, such property shall notwithstanding any defect in the right or authority to take it over, vest, and be deemed always to have vested, in th......er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ..Category: Constitutional Law | Date: | Hits: 307
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
....ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ......e of such document; (c) then call for the opinion of the Chief Justice so far as it relates to the writ petitioners…………………(37) When a party to a proceeding claims that certain documents are privileged and immune from scrutiny by the ..Category: Constitutional Law | Date: | Hits: 124
Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)
....did it would seem proper to hold that it would be open to a Court to convert or treat the counter-claim as a plaint in a cross suit. To hold otherwise would be to erect what in substance is a mere defect in the form of pleading into an instrument for denying what justice manifestly demands. We n......laim of the plaintiff, the decree shall state what amount is due to the plaintiff and what amount is due to the defendant and shall be for the recovery of any sum which appears to be due to either party" a counter- claim by way of equitable set off is permissible particularly in view of the..Category: Civil Law | Date: | Hits: 111
Chittagong Dock Sramik Parichalana Board and others Vs. Shamsul Haque and others, 2007, 36 CLC (AD)
.... sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ......dated 20-9-90 are illegal. 3. Leave was granted on the submissions that the writ respondent/appellant No. 1, the requiring body in possession of the land in question having not been made a party in the present writ petition, the judgment and order passed therein suffers from error of law..Category: Labour and Industrial Law | Date: | Hits: 83
Sarder M. Hashim Zaman & ors Vs. Thana Nirbahi Officer, Mithapukur, Rangpur & ors, 2008, 37 CLC (AD)
....y;ed teachers of the said school. Accordingly, the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ......n the same date on 11-6-1993 was illegal, inasmuch as the said order of status quo was ineffectual and not binding on the Ad hoc Managing Committee as it (Ad hoc Managing Committee) was not made a party to the said Other Suit No.11 of 1993. 9. We have examined and considered the mate&sh..Category: Civil Law | Date: | Hits: 110
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ......the law enforcing agencies. 7. The appellant submitted as to how and why Hartal is called and observed. He also submitted that Hartal has always been peaceful unless resisted by the ruling party working in the street in a violent manner with the support of the police, it was further sub..Category: Criminal Law | Date: | Hits: 79
State Vs. Md. Kamaluddin @ Pichi Kamal and ors., 2005, 34 CLC (AD)
....or calling for our interference. In the aforesaid premises we do not find any substance in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. ......nd though the reason has been given in the First Information Report but in fact the said reason appears to be false. He further submits that during the time of alleged occurrence no political party was in power and a neutral Care Taker Government was in power and as such there was no reason..Category: Criminal Law | Date: | Hits: 71
Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
....pellate Court. 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. ......a suit for permanent injunction the primary question for determination is the possession of the parties who is seeking the decree for permanent injunction and the matter of title of such party in the land in suit is incidentally gone into. The trial Court on detailed discussions and co..Category: Property Law | Date: | Hits: 42
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
.... 61. In view of the above, we do not find any substance in the submissions of the learned Counsel for the appellants. The appeals are dismissed without any order as to costs. Ed. ......e in such circumstances that assent may reasonably be inferred and is an instance of estoppel by words and conduct consequently, if the whole circumstances are proper for raising this estoppel, the party acquiescing cannot afterwards complain of the violation of his right. 46.The appe..Category: Fiscal/Taxation Law | Date: | Hits: 107
Sree Girish Chandra Barman Vs. Md. Yasin Ali and other, 2006, 35 CLC (AD)
....dated 2.01.88 and accordingly does not need to seek pre-emption of the case land as adjoining land owner. So the trial court is not at all justified in holding the view that the case is bad for defect of parties for not impleading the adjoining land owners. The record transpires that the pet......t filed within four months from the date of the registration of the sale deed; the pre-emptor alleged that he learnt about the transfer in question for the first item on 27.10.96 when the opposite party no. 1 and 2 filed their written objection in Preemption Case No. 46 of 1996 but the pre-..Category: Property Law | Date: | Hits: 34
Mokbul Hossain (Md) Vs. Government of Bangladesh and others, 2006, 35 CLC (AD)
.... Appellate Tribunal did not consider the matter in its proper perspective and accordingly, arrived at a wrong decision. The appeal is allowed without any order as to cost. Ed. ......6. Leave was granted to consider the submission that the Administrative Appellate Tribunal erred in law in setting aside the judgment of the Administrative Tribunal against which the aggrieved party had not preferred any appeal and, as such, there was miscarriage of justice and the submissi..Category: Administrative Law | Date: | Hits: 132
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
.... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ...... term for all that a person has dominion over. It is indeed, most comprehensive of all terms which can be used, inasmuch as it is indicative and descriptive of every possible interest which the party can have. It is more than the mere thing which a person owns. It is elementary that includes..Category: Civil Law | Date: | Hits: 216
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....ts and decrees of the High Court Division are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ......and. It was observed by this Court: "A private document cannot be taken notice of and marked as an exhibit without any formal proof, unless the requirement of such proof is waived by the opposing party. The marking of the said document as an exhibit may however, give rise to a belief that it bea..Category: Property Law | Date: | Hits: 38
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