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Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)
.....12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ...... the present suit is Priya Dasi, wife of appellant no. 1 Upendra Chandra Rishi. She is the only lady in both the suits. All other defendants in the two suits are men. Appellant no. 3 was added as a party to the earlier suit on an application under Order 1 rule 10 CPC. It is inconceivable that only..Category: Procedural Law | Date: | Hits: 116
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....neficial and efficacious. The policy underlying the introduction of this form of extraordinary remedy is, as observed by Lord in Rex Vs. Sarker (3) to prevent disorder from a failure of justice and defect of policy in an inexpensive, expeditious and effective manner there the law has established......ld as follows: "On considering this decision vis-a-vis the facts of the case before us, I am of the view that in case of breach of any obligation under a contract between government and a private party, proper remedy lies in a civil suit and not in a writ petition under the extraordinary jurisdi..Category: Others | Date: | Hits: 100
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ...... in all its forms and at all levels contains the following interrelated and essential elements the precise application of which will depend on the conditions prevailing in a particular State party: (a) Availability: Functioning public health and healthcare facilities, goods and ..Category: Environmental Law | Date: | Hits: 255
Meghna PET Industries Ltd and others Vs. Md. Mostafa Kamal & others, 2007, 36 CLC (AD)
....faulter borrowers. Accordingly, the application for dismissing the civil petition for leave to appeal Nos. 477-478 of 2005 is allowed. Both the civil petitions are dismissed. Ed. ......Memorandum of Understanding (MOA) was reached on 16-2-2001 by and between the representatives of (a) Meghna PET Industries Ltd (b) Prime Edible Oil Ltd and (c) Meghna Cold Storage Ltd as the first party and the representatives of (i) Meghna Vegetable Oil Ltd (ii) Baghdad Vegetable Oil Industries..Category: Business or Commercial Law | Date: | Hits: 108
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....ment. PW 20 also deposed that Constable Nos. 1411 Lutfor Rahman and 1064 Fazlur Rahman were sent to Upazila Nirbahi Officer for recording the statement. Mr. Malek has also pointed out another minor defect that the name below the statement exhibit 7 is of Nur Ahmed and not the LTT of Nurul Alam. It......ple assembled there. At 12.30 PM on 30.4.84 PW 1 Ahmed Hossain, the father of the deceased, filed the FIR implicating the appellants Abu Taher Chowdhury, Abul Quashem Chowdhury, Nur Ahmed and their party-men. Abu Taher and Abul Quashem had land dispute with their uncle PW 17, Abdul Bari Chowdhur..Category: Criminal Law | Date: | Hits: 74
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ......ut the land in auction for realisation of the rent and other dues and the land so put in auction is sold and purchased either by the person at whose instance the land was put to auction or by a 3rd party. In the instant case, since auction purchase by the plaintiffs' predecessor on February 21, ..Category: Property Law | Date: | Hits: 52
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. ......y him as such possessor. In the same case the Court may, by order in the suit in which the decree has been made and not complied with, rescind the contract, either so far as regards the party in default, or altogether as the justice of the case may require". 34. The l..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....gally cancelled the mutation earlier made in the name of the plaintiff in respect of the land in suit. 5. The trial Court dismissed the suit on the findings that the suit is not bad for defect of party, that the suit as framed is maintainable and not barred by waiver and estoppel, th......lled the mutation earlier made in the name of the plaintiff in respect of the land in suit. 5. The trial Court dismissed the suit on the findings that the suit is not bad for defect of party, that the suit as framed is maintainable and not barred by waiver and estoppel, that the plai..Category: Property Law | Date: | Hits: 35
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ......e provision of Order 6, rule 17 of the Code of Civil Procedure upon a Court has been expressed in the following words: “The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just and all such..Category: Property Law | Date: | Hits: 36
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. ...... to the other is an independent action to be taken by the Government of its own motion or on an application made on behalf of any of the parties. Such petition for transfer can be initiated by any party at any stage, but that does not mean that the Tribunal is required to stay the proceeding to ..Category: Election Law | Date: | Hits: 122
Solicitor represented by State, Govt of of Bangladesh Vs. Anisuzzaman Chy & or, 2006, 35 CLC (AD)
.... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ......mmissioner; that by submitting the aforesaid documents on 15-06-2002 in the office of Custom House tried to release the said goods and at that time, the informant came to know that the accused party had no Bond Licence and thereupon seized the said goods. Thereafter, Police started Mongla PS..Category: Criminal Law | Date: | Hits: 88
Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)
.... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ......f 1989, moved the High court Division in revisional jurisdiction and obtained Rule. 7. The High Court Division made the Rule absolute on the finding "The respondent opposite party No.1 failed to discharge his onus that inspite of issuing the summons through registered post..Category: Trust/Waqf Law | Date: | Hits: 266
Musammat Sokhina Khatun Vs. Mosammat Rowshanara Begum and others, 2006, 35 CLC (AD)
....ame to a correct decision in making the rule absolute. We do not find any reason to interfere. In view of the discussion made above the leave petition stands dismissed. Ed. ......er considering the materials on record and after hearing the parties found: "It must be remembered that the execution of the deed in question is admitted by the plaintiff opposite party. The heba-bil-ewaz deed was a registered one where the plaintiff put her signature. A duly..Category: Property Law | Date: | Hits: 37
Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)
.... plaintiff and because of that plaintiff has filed the suit making incorrect statements. 4. The trial Court though held that the suit is not barred by limitation and the same is not bad for defect of party and the suit is quite maintainable but dismissed the suit on the finding that the d......f and because of that plaintiff has filed the suit making incorrect statements. 4. The trial Court though held that the suit is not barred by limitation and the same is not bad for defect of party and the suit is quite maintainable but dismissed the suit on the finding that the deed in qu..Category: Property Law | Date: | Hits: 38
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....in its own name and its management is vested in the Board of Directors and the Governor is an appointee of the Government and holds office for a fixed term. Therefore, the writ petition is bad for defect of parties for having not impleaded Bangladesh Bank as a respondent but the High Court Divis......oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ..Category: Banking Law | Date: | Hits: 124
Mohammad Enayet Rabbi Vs. Sree Sree Shoti Rani Kundho and another, 2006, 35 CLC (AD)
....saham for 19 decimals of land. 3. The suit was contested by defendant No.1 denying the material averments made in the plaint as well as taking the general objection that the suit is bad for defect of party and the partition suit is bad for not bringing all the property into hotchpotch. It...... 19 decimals of land. 3. The suit was contested by defendant No.1 denying the material averments made in the plaint as well as taking the general objection that the suit is bad for defect of party and the partition suit is bad for not bringing all the property into hotchpotch. It was the s..Category: Property Law | Date: | Hits: 28
Jobeda Bewa & others Vs. Md. Abdur Razzaque, 2006, 35 CLC (AD)
....nt Nos.1-9 contested the suit by filing written statement denying the material allegations made in the plaint and further contended that the suit land is barred by limitation and bad for defect of execute the deed of heba but he did not get the possession of the suit land. Laibot Prama......ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ..Category: Property Law | Date: | Hits: 33
Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
....d the papers filed by the defendants in support of their claim of possession in the land in suit are not related to the holding number of the land in suit, that plaintiffs suit is not bad for defect of party, that the plaintiff has been able to prove his case and as such entitled to the rel......ers filed by the defendants in support of their claim of possession in the land in suit are not related to the holding number of the land in suit, that plaintiffs suit is not bad for defect of party, that the plaintiff has been able to prove his case and as such entitled to the relief prayed..Category: Property Law | Date: | Hits: 25
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....ot signed by a duly authorized person………(11 & 15) If a plaint 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......vocate appointed by him has no authority to make and do any appearance, applications and acts on behalf of the plaintiff under Order III rule 4 (1) CPC. The plaint has not been signed cither by the party or by his validly-appointed pleader under Order VI rule 14, CPC and hence there is no cause of..Category: Property Law | Date: | Hits: 118
Syed Alam Mia Vs. Election Commission of Bangladesh, 1990, 19 CLC (AD)
....High Court Division's judgment is set aside, the Writ Petition is allowed and the impugned Notification is declared invalid. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 242. ......te. The High Court Division in view of pendency of the election petition dismissed the writ petition upon discharging the rule issued thereupon earlier. The appellant, member-candidate, who was not a party to the Election Petition, then obtained leave from us and filed this appeal. 4. Mr. Zakir A..Category: Election Law | Date: | Hits: 126
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