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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. ......y the complainant, that the accused-appellants had not paid the amount of Tk. 68,700/- which was due to the complainant and that had the intention of the accused been known to the complainant and his party they would not have sold the goods on credit to them. 3. The Sub-Divisional Magistrate, Far..Category: Criminal Law | Date: | Hits: 59
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....gment and decree as they are. In view of the discussion above, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ......inciple of estoppels and debarred to raise the claim already voluntarily abandoned. The decree being obtained on understanding and consent of the parties, appeal do not lie from such decree by either party. The points lost earlier on consent cannot be raised on appeal. The claim of death of Naser be..Category: Property Law | Date: | Hits: 95
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. ......defendants completely denied any talk or negotiation with the plaintiff and defendant No.1 at their Gulshan residence, Dhaka. The owner of the property namely, the mother of defendant No.2 is not a party to the alleged contract or talk of sale. Defendant No.2 further asserted that he is not an a..Category: Property Law | Date: | Hits: 50
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......vernment Kanongo. 15. From the judgment of the High Court Division it appears that the High Court Division only perused the 'Firisti' of the dakhilas Ext.A series as those were taken back by the party concerned after the disposal of the appeal and did not refile before the High Court Division. ..Category: Property Law | Date: | Hits: 26
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....e the suit was filed within time as has been found by the trial Court and it is not barred by limitation". The High Court Division further held that defendants were not competent to take' the plea of defect of party since they failed to give the particulars of Ali Ahmed Khandker and Wali Mohammad Si...... was filed within time as has been found by the trial Court and it is not barred by limitation". The High Court Division further held that defendants were not competent to take' the plea of defect of party since they failed to give the particulars of Ali Ahmed Khandker and Wali Mohammad Siddiqui in ..Category: Tenancy Law | Date: | Hits: 194
Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
....t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ......ctly recorded in the name of the Government, that is, in the name of Food Department. 4. During pendency of the suit the plaintiff-respondent amended the plaint and petitioner No.1 was made party and order was passed directing to issue summons upon the said petitioner and others and accor..Category: Property Law | Date: | Hits: 40
Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)
....r the Bank has referred to rules 4 and 5 of the aforesaid Rules and submitted that the procedure for selling by public auction or by calling public tender or otherwise are alternative methods and any defect in one procedure does not vitiate the other. The High Court Division has rightly interpreted ......pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ..Category: Banking Law | Date: | Hits: 94
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. ...... 6. Mr. T.H. Khan, learned counsel for the appellant, has submitted that there being no other forum provided by law for appeal and there being no other efficacious remedy open to the aggrieved party against the order of the tribunal, the jurisdiction of the High Court Division under Article 1..Category: Election Law | Date: | Hits: 102
Kazi Forhad Hossain (Munna) Vs. Md. Golam Mustafa Sarwar, 2006, 35 CLC (AD)
.... learned counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......Suit No. 171 of 1999 as well as in the High Court Division in Writ Petition No.5890 of 2000, in terms of section 195(1)(c) of the Code of Criminal Procedure, the complainant petitioner, a private party, can not file any such criminal case under sections 471 and 467 of the Penal Code when admitt..Category: Criminal Law | Date: | Hits: 39
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. ......r of the parties in respect of their respective claims and thereupon making decision discarding the document of one of the parties as not being genuine and decreeing the suit in favour of the other party or in other words when in the pleading of the defendant there is no allegation as to the..Category: Property Law | Date: | Hits: 38
Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
....ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......Food Vs. Jalaluddin Ahmed reported in 37 DLR (AD) 27 wherein this Court held that when the arbitration proceeding continued beyond 4 months with the parties raising no objection- conclusion is the party concerned has waived its right and accordingly even after the reflex of time the award passed..Category: Property Law | Date: | Hits: 41
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. ......f time scale benefit is a matter of discretion of the employer and the discretion was not properly applied in withholding the time scale benefit in the case of the plaintiff-appellant opposite party and thereby arrived at a wrong decision to allow time scale benefit by the impugned judgment..Category: Employment/Service Law | Date: | Hits: 136
A.K.M. Farooq Vs. Bangladesh Biman Corporation & another, 2006, 35 CLC (AD)
.... book is dispensed with as prayed for. The petitioner is permitted to add additional ground. The petitioner is directed to make the appeal for expeditious hearing. Ed. ......e-on-Record for the respondent and perused the judgment of the High Court Division and other connected papers. 5. Mr. Mahmudul submits that Bangladesh Biman Corporation was made a party in place of Bangladesh Biman Airlines but the High Court Division made the Rule absolute on ..Category: Employment/Service Law | Date: | Hits: 91
Government of Bangladesh Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....xed by the trial court. The trial court thereafter would dispose of the suit in accordance with law. The appeal is accordingly allowed without any order as to costs. Ed. ......i.e., there would be no requirement of further order for ensuring result of default. Accordingly the trial court is directed to take into consideration the commissioner's report as per law and any party to the suit may file objection against the commissioner's report within the time to be fixed ..Category: Property Law | Date: | Hits: 31
Shamsuddin Sarder Vs. Md. Habisuddin Gazi and others, 2006, 35 CLC (AD)
.... 6. In that view of the matter we do not find any reason to interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. ......2 decimals. It was the case of the pre-emptor that although land sought to be pre-empted was sold but the said transfer has been camouflaged as exchange between the pre-emptee opposite party No.1 (in the Miscellaneous Case) and the opposite party Nos. 2 and 3 (in th..Category: Property Law | Date: | Hits: 24
Ershad Ali Howlader Vs. Santi Rani Dhupi and others, 2006, 35 CLC (AD)
....ed, that the solehnama so filed was quite genuine, that the plaintiffs have filed the suit making untrue statements. 5. The trial Court decreed the suit on the finding that the suit is not bad for defect of party and that summonses to Title Suit No.206 of 1976 were suppressed and thereupon decree......he solehnama so filed was quite genuine, that the plaintiffs have filed the suit making untrue statements. 5. The trial Court decreed the suit on the finding that the suit is not bad for defect of party and that summonses to Title Suit No.206 of 1976 were suppressed and thereupon decree was obtai..Category: Property Law | Date: | Hits: 53
Md. Badshah Alam Vs. Md. Shahidul Islam & others, 2006, 35 CLC (AD)
.... stay granted earlier shall continue till disposal of the appeal. The petitioner is directed to make the appeal ready within 6 (Six) months date for expeditious disposal. Ed. ...... against the judgment and order dated 28.06.2005 passed by a Single Bench of the High Court Division in Civil Revision No. 3757 of 2004 discharging the Rule. 2. Short facts are that opposite party No. 1 as petitioner filed election petition being Election Tribunal Case No. 1 of 2003 in the..Category: Election Law | Date: | Hits: 111
Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)
....ted in India was not regularized in accordance with law in this country. 13. The cardinal principle of law is that the plaintiff is to prove his own case. He must not rely on the weakness or defects of the defendant's case. 14. Therefore, in the facts and circumstances of the ......tiffs got the suit property by exchange with their properties in Murshidabad in India and the deed of exchange was registered. On 27.08.1975 the plaintiffs came to know that the defendant-opposite party No.1 filed a suit being Title Suit No. 150 of 1970 in the 1st Court of Munsif (now Assistant ..Category: Property Law | Date: | Hits: 59
Aktaruzzaman alias Sahin Vs. Abdur Rashid Khan and others, 2006, 35 CLC (AD)
....ard along with appeal arising of the civil petition for leave to appeal No. 317 of 2002 wherein leave has been granted on 27.8.2003. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 250. ......As against the judgment and order of the lower appellate Court the pre-emptor and the pre-emptee filed civil revisions and obtained Rules. 6. The High Court Division on the finding that opposite party No. 2 sold the land sought to be pre-empted to opposite party No.1 by the kabala dated January..Category: Property Law | Date: | Hits: 35
State Vs. Sentu and others, 2004, 33 CLC (AD)
....o. 15 of 1996 of 2nd Court of Additional Sessions Judge, Barisal corresponding to G.R. Case No. 342 of 1993 P. S. Kotwali immediately and to enlarge them on bail to his satisfaction. Ed. ......not there and the they left and getting the information the aforesaid Md. Habibur Rahman (P.W.1) called the villagers through mike of the mosque to resist the miscreants belonging to Sarbahara party who looked for him in the mosque and on hearing the said call in the maike the accused respon..Category: Criminal Law | Date: | Hits: 41
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