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Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2006, 35 CLC (AD)
....without any order as to cost. The impugned judgment and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. ......ontention, he pointed out that the provision of Section 7(2) (f) of the Ordinance envisages that a candidate for chairman or member of the Union Parishad will be disqualified if the candidate is a party to a contract for work done or goods to be supplied to the union Parishad or has otherwise pe..Category: Election Law | Date: | Hits: 108
Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)
....ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ...... to pay the respondent (in the scale of Tk. 325-610 against the Respondent no. 2) filed the above I.R.O. case under section 34 of the Industrial Relations ordinance, 1969. The appellants as second party contested the said case by filing written statement contending inter alia that the respondent..Category: Employment/Service Law | Date: | Hits: 55
Kanai Lal Roy Vs. Swaraswati Roy, 2006, 35 CLC (AD)
....e with law by giving opportunity to the concerned party to produce the will itself in question and prove it by adducing evidence". There is no order as to cost. Ed. ......he appeal i. e. Civil Appeal No.151 of 2000 observed "although there is a will but unless and until it is proved in accordance with law, on the face of objection raised by any interested party (herein the appellant) a Probate cannot be granted on compromise and it is not permitted by l..Category: Property Law | Date: | Hits: 62
Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
.... evidence apart form being devoid of evidentiary value, so the order of conviction based on such a fabricated dying statement by the investigating officer is illegal, contradictory inherently defective and unreliable. 8. Mr. Mojubor Rahman argued that the trial Court erred in law in ...... weapon, etc. It appears that the informant has got enmity with accused persons, falsely implicated them in this case with a malafide intention to feed fat their personal grudge, the informant party filed the case against the accused appellants as such the impugned order of conviction is ba..Category: Criminal Law | Date: | Hits: 25
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ......in the background of the observation made by the trial Court as to the manner in which the suit listed for ex-parte hearing was of the view that the trial Court ought not have taken the suit for ex-party hearing. The appellate Court also noticed the fact that on the date of hearing defendant No...Category: Property Law | Date: | Hits: 43
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and others, 2006, 35 CLC (AD)
....d possession in the land in suit and that defendants dispossessed her. The trial Court also held that the suit as framed is quite maintainable and that not barred by limitation and also not bad for defect of party. 6. The defendant went on appeal. The appellate Court primarily placing rel......n in the land in suit and that defendants dispossessed her. The trial Court also held that the suit as framed is quite maintainable and that not barred by limitation and also not bad for defect of party. 6. The defendant went on appeal. The appellate Court primarily placing reliance on th..Category: Property Law | Date: | Hits: 35
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
.... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ......of the plaintiff and it can not full back and also can not say that the suit property would be put to auction. 14. "Estoppel" in Black's Law Dictionary is indicated to mean that a party is prevented by his own acts from claiming a right to the detriment of other party who was en..Category: Property Law | Date: | Hits: 41
Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)
....e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ......of certainty of the result obtained in a suit or that for the purpose of termination of a dispute or difference at a certain stage or at certain time, person, who filed the subsequent suit if was a party in the earlier suit and tested the validity of the decree passed in the earlier suit but was ..Category: Civil Law | Date: | Hits: 122
M/s. Standard Match Factory Ltd Vs. Chairman, First Labour Court, Chittagong, 2006, 35 CLC (AD)
.... is allowed without an order as to costs and the judgment and order dated 29.8.92 passed by the Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ......ter hearing discharged the Rule on the ground that no appeal was filed before the Labour Appellate Tribunal against the above judgment and order dated 29.8.92 and the appellant company not being a party to the said Trade Union Case No. 22 of 1988 and not being aggrieved by the said judgment date..Category: Labour and Industrial Law | Date: | Hits: 131
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2006, 35 CLC (AD)
....has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......red in to an agreement of advance purchase of certain merchandise and upon presenting such agreement he utilized the amount sanctioned by the financial institution as loan and that the other party to agreement of advance purchase did the concomitant/necessary things for the materization of..Category: Banking Law | Date: | Hits: 129
A. Motaleb Howlader Vs. State, 2006, 35 CLC (AD)
.... while passing the impugned judgment and order. We do not therefore find any reason to sustain the attack. 7. The petition, under the aforesaid circumstance, stands dismissed. Ed. ......ner and others regarding landed property. On 08.12.2001 the petitioner and others formed themselves into unlawful assembly being armed with ramdao, bagi dao, pipegun etc. and attacked the informant party and on getting the information A. Jalil Munshi, cousin of the informant, while was coming tow..Category: Criminal Law | Date: | Hits: 47
Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
....1-6. 6. The trial Court decreed the suit on the finding that the suit of the plaintiff as framed is maintainable and not bad for defect of parties and also not barred by limitation and that plaintiff has right, title and i......cord. But where the judgment is inter parties; even recitals in such a judgment are admissible. a previous judgment is admissible also to prove statement or admission or an acknowledgment made by a party or the predecessor in interest of a party, in his pleadings in a previous litigation. Similar..Category: Property Law | Date: | Hits: 48
State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)
.... section 302 of the Penal Code and, at best may come within the mischief of section 201 of the Code. Referring to the Ejahar of Nasiruddin Jamal, learned Counsel submits that charge itself is also defective inasmuch as in the said Ejahar there was nothing false and, as such, the charge th......sel appearing for the respondent Khandker Zillul Bari, submits, inter alia, that there is nothing wrong in the conduct of the accused to implicate him with the murder of Chapa and that the accused party did not import any incorrect plea as alleged by the prosecution. 12. He emphatically ..Category: Criminal Law | Date: | Hits: 129
Md. Faruque Reza and another Vs. Most.Hossena Ara Begum and others, 2008, 37 CLC (AD)
....is hereby approved. 9. In view of the above, there is no substance in the submission of the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ......vision in Civil Revision Nos. 2429 of 1998) Judgment: Mohammad Fazlul Karim J: The Third party-petitioners seek leave to appeal against the judgment and order dated 18.08.2002 passed by th..Category: Property Law | Date: | Hits: 34
State Vs. Omar Ahmed, 2008, 37 CLC (AD)
.... are of the view that the High Court Division was not justified in transferring the case from Druta Bichar Tribunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ......unal Case from Druta Bichar Tribunal, Barisal to Druta Bichar Tribunal, Khulna on the allegation that the life of the accused respondent is at a stake at Barisal due to threatening made by opposite party. The High Court Division further observed that one of the co-accused Shajahan of this ca..Category: Criminal Law | Date: | Hits: 41
Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)
....try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ......nd sisters inherited land measuring 4.59 acres and enjoying the said land on payment of rent, that the opposite parties i.e. appellants herein and 8(eight) others, showing the complainant as opposite party No 2 filed Miscellaneous Case No. 337 of 1973 under section 143A of the State Acquisition and ..Category: Criminal Law | Date: | Hits: 48
Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)
....lt, therefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120.......Upazila Administration Re-Organisation) Ordinance, 1982 (Ordinance No. 59 of 1982) Section 6(2)(f) Considering the evidence that has been adduced in this case it is found that the respondent was a party to a contract with the Upazila Parishad and his pecuniary interest had continued at the time w..Category: Election Law | Date: | Hits: 134
Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)
....result, therefore, these appeals are allowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ......pplication was filed on 25-11-81, which was within time. He impleaded all the co-sharers of the jote and also impleaded tenants holding contiguous lands. Even the transferee was impleaded as opposite party No. 1 when the written objection was filed on the plea that the pr-emptor had ceased to be co-..Category: Procedural Law | Date: | Hits: 84
Abdul Mannan Talukder Vs. BD House Building Finance Corporation and another, 1989, 18 CLC (AD)
....nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ......ation (1948) 1 K.B. 721 (224): "It is undoubtedly good law that where a statute creates a right and in plain language gives a specific remedy or appoints a specific tribunal for its enforcement, a party seeking to enforce that right must resort to this remedy or this tribunal and not to others." ..Category: Labour and Industrial Law | Date: | Hits: 111
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ......nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ..Category: Property Law | Date: | Hits: 54
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