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Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)
.... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ......nt No.17 who has been possessing the same by constructing his house thereon and cultivating the rest. 4. Sherifuddin defendant No.1 and Nabiruddin, predecessor- in-interest the opposite party Nos. 2 to 5 and Tasiran Nessa opposite party No. 5 also filed a partition suit being Oth..Category: Property Law | Date: | Hits: 27
Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)
....ereinabove the contentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed....... rent Tk. 200/- for each of the shop rooms. In the agreement between the landlord and the tenant, there was a clause whereby the tenant was given right to sell the possession of the suit shops to 3rd party. It was the definite case of the tenant that he purchased the possession of the suit shop ro..Category: Tenancy Law | Date: | Hits: 180
Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)
....or Leave to Appeal and the same was dismissed on the observation as mentioned hereinbefore. It may be mentioned in the aforesaid case it was contended that the omission was only technical defect but the said contention was not accepted. Prior to the above case similar question came......na Cadet College being a body corporate capable of "sue and to be sued" in its own name, the High Court Division erred in not dismissing the suit since the College was not impleaded as a party in the suit and because of or as consequence thereof decree passed is inexecutable. ..Category: Employment/Service Law | Date: | Hits: 113
Runu Akhter Vs. Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston, 2004, 33 CLC (AD)
.... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accordance with Rules. Ed. ...... the basis of the report of Investigating Officer the bail should not be cancelled. The learned Metropolitan Sessions Judge being satisfied that there is no specific allegation against the opposite party and as such the cancellation of the bail by the another Chief Metropolitan Magistrate is tot..Category: Criminal Law | Date: | Hits: 31
Jamuna Knitting and Dyeing Ltd and ors Vs. Messers Yunusco K. Textile Ltd. & ors, 2006, 35 CLC (AD)
....sed the facts in the application for restoration of possession. We find no merit in the submissions of the learned counsel. Accordingly, both the petitions are dismissed. Ed. ......ng Limited and another filed a pre-emption case under Mahamadan law against the respondent Messers Yunusco K. Textile Lid. The Pre-emption was allowed and the trial court directed the opposite party pre-emptee) to hand over possession of the case land the pre-emptor and thus being aggrieved..Category: Property Law | Date: | Hits: 41
Golden Re-Rolling Ind. Ltd Vs. Sub Judge, Artha Rin Adalat No. 1 Dhaka & anr, 2008, 37 CLC (AD)
....do not find any cogent reason to take a different view in the instant case. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 38. ......ordinate Judge, Artha Rin Adalat No. 1 Dhaka & another.......Respondents Judgment February 5, 2007. The Code of Civil Procedure, 1908 (V of 1908), Section 151 A party cannot have recourse to the inherent jurisdiction of the Court under section 151 of the Code ..Category: Civil Law | Date: | Hits: 115
National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
....eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ......rpose other than as in Clause 17 of the agreement as because sand does not come within the definition of 'Mineral' and, as such, the said respondents cannot enter into an agreement or allow a third party for collection of 'sand' from the Tea Estate which is the property of the appellant. ..Category: Property Law | Date: | Hits: 43
Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)
....accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ......Bangladesh, 1972, Article 102 The Artha Rin Adalat Ain, 1990, Sections 6(1) and 7 An interlocutory order of the Artha Rin Adalat is final and conclusive and the aggrieved party cannot invoke revisional jurisdiction of the civil court including the High Court Division u..Category: Banking Law | Date: | Hits: 157
Belal Hossain Vs. Kazi Jane Alam & others, 2007, 36 CLC (AD)
....the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in:......ts are that the petitioner filed Election Petition Case No. 3 of 2003 in the Court of Assistant Judge, Muladi, District-Barisal and Election Tribunal for declaration that the election of the opposite party No. 1 for the office of Chairman of No. 4 Gachua Union Parishad, Muladi, District-Barisal was ..Category: Election Law | Date: | Hits: 162
Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)
....of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ......he defendant dispossessed the plaintiff in violation of the order of status quo. The lower appellate Court did not at all consider such vital question of the suit. It is now well settled that if a party is dispossessed from the suit land during the course of the proceeding the Court is not only ..Category: Property Law | Date: | Hits: 28
Md. Imdad Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
....t no error was committed by the AAT in allowing the appeals and thereby in setting aside the judgment and order of the AT. Accordingly the petitions are dismissed. Ed. ......strative Tribunal (Dhaka) Case No. 227 of 1992. The Administrative Tribunal (AT) by the said judgment allowed the case in part and thereupon declared that the petitioners are senior to the opposite party Nos. 4-11 in the post of Senior Accountant under the T & T Board and they are entitled to..Category: Administrative Law | Date: | Hits: 125
Khalid Alom Chowdhury Vs. State, 2008, 37 CLC (AD)
....n filing the revisional application. 13. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, petition is dismissed. Ed. ......fusing the prayer for condonation of delay. The extension of time is thus a matter of concession of indulgence to the applicant and cannot be claimed by him as a matter of right. 9. A party wishing to take advantage of section 5 of the Limitation Act must satisfy the Court that it ..Category: Criminal Law | Date: | Hits: 44
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
.... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ......ation was upheld by the Supreme Court. 28. In the case of Abul-A'la Maudoodi an order was passed under section 16 of the Criminal Law Amendment Act, 1908 declaring the Jamaat-i-Islami, a political party, unlawful. The respondents' case was that the order was necessary in the interest of public pe..Category: Constitutional Law | Date: | Hits: 170
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
....ide the uncontested election of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137.......press Newspaper (1919 A.C. 368), where it was observed: "Where the statute creates a liability not existing at common law, and gives also a particular remedy for enforcing it...............the party must adopt the form of remedy given by the statute". 9. Elections for Union Parishads are g..Category: Election Law | Date: | Hits: 173
Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)
....different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ......XXIX of 1925), sections 283 & 211 Respondent claiming to have entered into an agreement of sale with the deceased filed a suit for specific performance of contract and wants to be added as a party in the probate proceeding brought by the appellant of the will left by the deceased. The quest..Category: Property Law | Date: | Hits: 80
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ......dealt with the question of the title, of the petitioner. The Supreme Court held the question of title should not be gone into writ jurisdiction of the High Court and the proper remedy of an aggrieved party in a case involving a question of title to property lies in a regular suit in a civil suit. ..Category: Property Law | Date: | Hits: 32
Mohammad Ali Vs. Lt. Col. (Retired) Habibullah Bahar & ors. 2006, 35 CLC (AD)
.... 9. He then submits that the schedule of the suit property being vague the plaint ought to have been rejected and the High Court Division committed error in discharging the rule ignoring such defect in the plaint. 10. He thereafter submits that the learned Judge of the Court Divisio......of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
....r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ...... with him) instructed by Md. Nawab Ali, Advocate-on-Record- For Respondent Nos.1-3 Jillul Huq, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record- For Respondent Nos. 4-7 Added party) Civil Appeal No.188 of 2004. (From the judgment and order dated 28.05.2003 pas..Category: Procedural Law | Date: | Hits: 93
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ......w "that some explanation was given for the delay in the application filed under section 5 of the Limitation Act". It may be mentioned at the time of hearing of the revisional application the opposite party No.1 i.e. Respondent No.1 in its counter affidavit stated the full particulars of the circumst..Category: Limitation Law | Date: | Hits: 205
Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)
....ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ......nt Nos. 1 and 2 (plaintiffs) "to present the plaint of the suit on or before 10.01.95 with an application for temporary injunction and till that date, that is, 10.01.95 the defendant opposite party Nos.1 and 2 are here by restrained from issuing the work order in favour of the defendant-opp..Category: Civil Law | Date: | Hits: 119
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