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Serina Begum and anr. Vs. Mofizul Islam and others, 1989, 18 CLC (AD)
....rayer. The High Court Division was correct in taking the view. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 77. ......pplication. Facts may be noted Kabala under pre-emption is dated 8.4.74. Pre-emption case was filed on 2.5.74. Written objection was filed on 30.11.74. It was contended that the pre-emptor opposite party No. 1 had no opportunity in deposit the balance consideration with statutory compensation with..Category: Property Law | Date: | Hits: 32
Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)
....pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ...... the Government and the School Authority and concluded that it is primarily for the Government "to take an exception to this measure" and then proceeded mainly on the question that "when the opposite party has invested a good amount of money and the School authorities have utilised part of the same,..Category: Civil Law | Date: | Hits: 130
Moslema Khatun and others Vs. Ishaque (Md) and others, 1989, 18 CLC (AD)
....ns taken or to be taken by the parties including defendant No. 5. The appeal is accordingly disposed of without any order as to Cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 72. ......ence on matters which can be decided better on evidence than on such report. If there is a question, particularly of possession of land, the parties are required to give evidence in that behalf and a party can only rely on a report of local inspection to its own peril if the question of possession..Category: Procedural Law | Date: | Hits: 94
S.M. Khaliur Rahman and others Vs. State, 1989, 18 CLC (AD)
....for quashing the proceedings is found to have been rightly refused by the High Court Division. In the result the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 62. ......oceedings stating, among other things, that the School authorities are in possession of the land, that a series of litigations has been going on over the land for many years, that the complainant's party filed a suit for permanent injunction in 1969 but it was dismissed as they were not found in p..Category: Criminal Law | Date: | Hits: 39
Sukumar Sen & Others Vs. Gouranga Bejoy Dey & Others, 1989, 18 CLC (AD)
....scharged the rule in the said revision case. 4. Leave was granted to consider whether in the facts and circumstances of the case, the order of remand passed by the Subordinate Judge for curing the defect of non-appointment of guardian for the minor defendant Nos. 7-9 in the trial court was justif......s including respondents 6-8 (defendants 7-9) who are said to have attained majority already. There will be no order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ..Category: Property Law | Date: | Hits: 85
Sk. A.K.M. Abdul Mannan Vs. M/s. Raj Textile Mills Ltd., 1988, 17 CLC (AD)
....er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ......Article 104 of the Constitution. On perusal of this Article we do not think that the transfer of a case comes within the ambit of Article 104. But we at the same time appreciate the difficulty that a party may face in the circumstances as found in the present case. When two suits between the same pa..Category: Procedural Law | Date: | Hits: 110
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ......sain, P.W.5 Fazlul Haque and others came to dispossess Mir Ali Khandakar from the disputed land. Appellants Hamidul Haque, Dulu Mia and Mustafizur Rahman suffered injuries in the hands of complainant party. The deceased Afzal Hossain might have been injured in a melee, but nobody knew who assaulted ..Category: Criminal Law | Date: | Hits: 105
Sultan Ahmed & Others Vs. Akhtaruzzaman & Others 1989, 18 CLC (AD)
....section 96 A co-sharer in one of the plots of the khatian is certainly a co-sharer in the holding. Failure of the pre-emptors to implead such a co-sharer in a petition for pre-emption is a serious defect of party. It is violation of mandatory provision of section 96 of the State Acquisition and T...... A co-sharer in one of the plots of the khatian is certainly a co-sharer in the holding. Failure of the pre-emptors to implead such a co-sharer in a petition for pre-emption is a serious defect of party. It is violation of mandatory provision of section 96 of the State Acquisition and Tenancy Act..Category: Property Law | Date: | Hits: 36
....avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 133.......to remember that in Md. Zahoor Ali Khan's case 11 MIA 468, the Privy Councils’ observation is that the Mufussil Court’s pleadings are to be construed liberally and for the confused pleadings, the party should not suffer. A glance at the plaint originally framed reveals that though apparently it ..
Category: Property Law | Date: | Hits: 36
Unimarine S. A. Panama Vs. Bangladesh, 1977, 6 CLC (AD)
....of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ...... it may become an instrument of opposition. The Court is to insist upon the proof of the allegation in the petition for attachment before judgment by affidavit or other mode of proof and the opposite party must be served with notice and given an opportunity to show cause. The Court is to be satisfie..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
Abdur Rahman @ Abdul Rahman Vs. Maklis Ali and another, 1978, 7 CLC (AD)
....o be observed that the Kabala under pre-emption was duly exhibited in the Court and the trial Court found that the registration made on 11-8-72 during the pendency of the proceeding had cured the defect of pre-maturity. The Court of appeal below as well as the High Court took the view that the d...... Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ..Category: Property Law | Date: | Hits: 34
Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)
.... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ......opted this device for effecting a complete exchange of their property situated in two independent countries, Mr. T. Ali has rightly pointed out that the agreement (Exhibit D) provides that the second party is to be given possession in a portion of the property under agreement for lease. Similarly th..Category: Property Law | Date: | Hits: 32
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....uestion pressed before the appellate court was that some of the tenants holding land contiguous to the land transferred not having been impleaded within the time the original applications was bad for defect of parties and in spite of subsequent addition of those persons as parties, the application w......ction 96 in one proceeding and avoiding multiplicity of proceedings. So, for the sake of full and complete adjudication of the rights and granting relief, there should not be absence of any necessary party. 24. In the case of Motilal Sikdar Vs. Binodini Das it has been observed that the question..Category: Property Law | Date: | Hits: 32
Md. Golam Rabbani and another Vs. Hon’ble Judges of the High Court Division & anr, 1978, 7 CLC (AD)
.... Since Government has been made a party on its prayer for adding it in the proceeding its name as Respondent shall continue on record. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 87. ......ly be mentioned in the petition. It will be for the Court to decide to whom the notice will be served. In this view the name of the Respondent No.1 is struck off. Since Government has been made a party on its prayer for adding it in the proceeding its name as Respondent shall continue on record...Category: Others | Date: | Hits: 84
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......tinue, it would defeat the ends of justice; and to find an "abuse," it would be necessary to see in the proceeding a perversion of the purpose of the law, such as to cause harassment to an innocent party. “The ends of justice” to secure which the inherent power may be invoked have reference to..Category: Criminal Law | Date: | Hits: 95
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
....o the detenu, is found to be irrelevant or non-existent or vague or uncertain, the detention is to be held to be illegal, despite the fact that the rest of the grounds do not suffer from any such defects. 42. The Pakistan Supreme Court appears to have made a departure from the said Indian ......e made very little discussion on other questions. The learned Judges held that the learned Deputy Attorney General had placed before the Court the programme of gherao movement, and that the political party was chalking out a programme of continuing gherao movement, and held that the detention was ..Category: Constitutional Law | Date: | Hits: 408
Md. Mohirruddin Vs. Md. Nazir Hossain Patwary & others, 2006, 35 CLC (AD)
....e find that the view taken by the High Court Division is a correct one. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 420. ...... Short facts are that the Opposite Party No. 1 instituted Miscellaneous Case No.2 of 1988 in the Court of Senior Assistant Judge, Lalmonirhat Sadar impleading the petitioner as pre-emptee opposite party and opposite party Nos. 2-23 as other opposite parties for preemption of the case land u..Category: Property Law | Date: | Hits: 35
Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)
.... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ......nt and order dated 3rd August, 2003 passed by the High Court Division in Civil Revision No. 1740 of 1995 making the rule absolute setting aside the order dated 30.1.1995 adding the petitioner as a party under Order 1 rule 10 of the Code of Civil Procedure by the Assistant Judge, Galachipa in Tit..Category: Property Law | Date: | Hits: 24
Jashimuddin & other Vs. State, 2006, 35 CLC (AD)
....sion upon correct assessment of the materials on record arrived at a correct decision and we find no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......o his house and enquired about the whereabouts of Zaved and Sohel at their house. The informant apprised the police of Hathazari Police Station of the occurrence. Negotiations between the informant party and the accused party continued over the demand of the ransom money over telephone. At one s..Category: Criminal Law | Date: | Hits: 36
Md. Abdul Ali Bhuiyan Vs. Jahura Khatun and Others, 2006, 35 CLC (AD)
....s any instance of misreading and non-reading. So the concurrent findings of fact arrived at by the courts below can not be disturbed. The leave petition is accordingly dismissed. Ed. ...... The Code of Civil Procedure, 1908 (V of 1908), Order XX, rule 18(2) The petitioner purchased the suit property in excess of the share of his vendor, Defendant No. 1, and his vendor was a party to the partition suit and that suit was decreed allotting saham to the vendor in pursuance of..Category: Property Law | Date: | Hits: 33
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