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Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
....s case was accepted and followed as the correct proposition of law in the case of Sarat Kumar Roy vs. Dharmadas Bhattacharjee, reported in 42 C.W.N. 375 wherein it was held "...... even if there were defects in service they might have been grounds for setting aside the ex parte decree under Or.9. r.......acing its case before the Court but from the falsity of claim and perjured evidence one cannot infer or presume fraud and fraudulent suppression of summons or fraud of like nature which prevented the party aggrieved by the ex parte decree from appearing or placing his case before the Court. It must ..Category: Property Law | Date: | Hits: 38
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ......n sought against the other document i.e. Heba-bil-ewaz deed made in favour of Rahela, daughter of Rativan Bibi. The trial Court also held that the suit was not maintainable since plaintiff being a party to the document did not pray for cancellation of the same but filed the suit seeking merely d..Category: Property Law | Date: | Hits: 30
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
.... the exercise of this discretion is not whenever before the appeal is heard a party applies to adduce fresh evidence, but "when on examining the evidence as it stands, some inherent lacuna or defect becomes apparent". It may well be that the defect may be pointed out by a party, or tha......e the Court that requires it". This is the plain grammatical reading of the sub-clause. The legitimate occasion for the exercise of this discretion is not whenever before the appeal is heard a party applies to adduce fresh evidence, but "when on examining the evidence as it stands, some..Category: Property Law | Date: | Hits: 36
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....neral Assembly to elect the Governor from the two front runners. The voters of each legislative district elected the state representatives who in turn elected the Governor. One major procedural defect struck down in Gray vs Sanders not adding a minority candidate's votes in one part of the s......tution, the petitioners are not being treated in accordance with law inasmuch as, it has not given them the opportunity of participating in the reserved seats as they are not members of any political party and has curtailed the power of the people and has authorised the political parties, especially..Category: Constitutional Law | Date: | Hits: 221
Abdul Kashem Vs. Amirun Nahar and others, 2006, 35 CLC (AD)
....11-1971 and that there was no legal bar in allowing preemption in her favour. The pre-emptee petitioner contested the case stating, inter alia, that the case was not maintainable and it was bad for defect of parties and also was barred by limitation. His further case was that he was co-sharer in ...... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ..Category: Property Law | Date: | Hits: 38
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
....nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ...... It was the case of the contesting defendants that Abdur Rashid 5 years before his death became paralysed, that defendant No.1 used to look after him, that through the men of his party the plaintiff has brought into existence the document in question, that de..Category: Property Law | Date: | Hits: 26
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
.... 128. The learned Attorney-General failed to show us the object and purpose of the impugned legislation nor could he make any submission as to the necessity of such amendment which will remedy the defects as laid down in Heydon Rule. In that well-known decision (1584) 76 E R 637 it was held: ......uites-men with a social vision and a creative faculty and who have, above all, a deep sense of commitment to the Constitution with a, activist approach and obligaÂtion for accountability, not to any party in power nor to the opposition .......................We need JudgÂes who are alive to the so..Category: Constitutional Law | Date: | Hits: 1934
Md. Badruddin Moral and others Vs. Santosh Kumar Sen and others, 1989, 18 CLC (AD)
..... The Code of Civil Procedure, 1908 (V of 1908), Order XXIII, rule 1(2) The learned Munsif rightly rejected the prayer for withdrawal of the suit with permission to sue a fresh on the ground of defect in the schedule, at the stage, the case was ready for trial. Such defect could be corrected b......ase was ready for trial. Such defect could be corrected by amendment of the plaint which the plaintiff did not during long pendency of the suit. The High Court Division rightly confirmed the order. A party cannot be forced to withdraw its suit or abandon its claim in the suit. If the plaintiffs are ..Category: Procedural Law | Date: | Hits: 110
Abul Kashem and othÂers Vs. State, 1989, 18 CLC (AD)
....nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152......m one Monorama Kuri and her mother Benodini, that Monorama Kuri filed Misc. Case No. 69 of 1976 for appointment of a guardian for her miÂnor son in which case both he and Monoranjan got impleaded as party. He has denied the defence suggestion that no occurrence took place in the manner as he narrat..Category: Criminal Law | Date: | Hits: 57
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147......Lokman Ali and Pir Ali since dead being proved is sustained. In the facts and circumstance of the case, the right of private defence of life was not available to the appellants since from complainant party they had no reasonable apprehension either of imminent death or of grievous hurts…………â..Category: Criminal Law | Date: | Hits: 49
Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
....the officer concerned gets a period for correction and in the next year the higher officer gets an occasion to make remarks whether the officer reÂported upon has or has not taken step to remedy the defects pointed out to him. The appellant can legitimately make a grievance that if the adverse rema......shok Kumar Yadav vs. State of Haryana) it has been pointed out that the likely hood of bias may arise on account of proprietary inÂterest or on account of personal reasons such as hosÂtility to one party or personal friendship or family relationship with the other. In the present case there is no ..Category: Employment/Service Law | Date: | Hits: 89
Samiruddin Ahmed alias Samir Mia alias Md. SamirudÂdin Vs. State, 1987, 16 CLC (AD)
....Âlowed. The impugned orders of conviction and senÂtence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ...... in 1978 as found by the Civil Court, then for the purpose of the criminal case it was enough to hold that the prosecution evidence as to possession could not be accepted beyond reasonable doubt. The party claiming possession in the criminal court is obliged to get the order of injunction vacated in..Category: Criminal Law | Date: | Hits: 59
ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)
....aying the appeal has become of mere acaÂdemic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124......er Mahbubuddin Ahmed, learned Counsel appearing for the plaintiff-respondents, drew our attention to the lower Appellate Court's judgment for coming to the conclusion, (i) that the plaintiff-opposite-party has been possessing the suit land since her purchase by kabala dated 7.2.1975, (ii) that Gopal..Category: Property Law | Date: | Hits: 56
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....irman Rules), 1983. This business of removal is not the usual business of the Parishad as provided by section 28 for disposal of business. So the argument of Mr. M. Nurullah on section 28(5) that the defect of conÂstitution of Parishad will be immaterial is not subÂstantiated. 26. Next, what is......rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ..Category: Election Law | Date: | Hits: 128
Sona Mia Bepari & others Vs. Jamila Khatun & others, 1989, 18 CLC (AD)
....vidence in respect of the alleged sale of .02-1/2 deciÂmals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113......dy on record on his own petiÂtion as one of the heirs and successors of plaintiff No. 1 and thus he was fully represented in the reviÂsion case. Be it mentioned that plaintiff No.1 who was opposite party No.1 in the said revision case died during the pendency of the said case and was substituted b..Category: Property Law | Date: | Hits: 33
Abdul Jalil Vs. Bangladesh House BuilÂding Finance Corporation & another, 1989, 18 CLC (AD)
....chaser) praying for payment of compensation and interest. He has stated that he has no residential house in Comilla town, that with the hope that the property put up for court sale would be free from defect, he participated in the auction and procured the big amount of Tk. ten lac ten thousand and o......im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109..Category: Property Law | Date: | Hits: 30
Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)
....ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ...... of benami purchase which was also established by the decree in his favour in T.S. No. 314 of 1967 by which Jadhulal's heirs are bound. He has pointed out that Jadhulal's son, Shaktipada was not only party to that deÂcree but he is still in Bangladesh and is supporting the appellant's case of benam..Category: Property Law | Date: | Hits: 75
Hazi Waziullah Vs. Additional Deputy ComÂmissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ......f the Evidence Act and if the original is not available, reason for non availability must be given…………………..(14) Though objection was not raised when the Photostat copy was filed, the party producing it was not exempted from explaining in the course of recording evidence, why the ori..Category: Procedural Law | Date: | Hits: 146
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....available. In Akbar Ali vs. Raziur Rahman Khawaja and others 18 DLR (SC) 426 when the Presiding Officer had acted wantonly in canceling six ballot papers of the respondent which were free from any defect, the Court observed. "If an election authority or tribunal acts in this fashion whether ......said to be a final pronouncement on the rights of the parties as it was in the nature of an order covering an unforeÂseen eventuality which had arisen at one stage of the election. The aggrieved party had all along a statutory right to call the entire election in quesÂtion, including the C..Category: Election Law | Date: | Hits: 165
....the learned Attorney-General for making available all the books cited by the parties in this case.
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
......n two years, unless a period of five years has elapsed since his release; he holds any office of profit in the service of the Republic or of the Union PariÂshad or any other local authority; he is a party to a contract for work to be done for, or goods to be supÂplied to, the Union Parishad concer..
Category: Election Law | Date: | Hits: 212
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