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Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)
....dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ......de of Civil Procedure, 1908 (V of 1908), Order XLI rule 23 Remand as contemplated under Order XLI rule 2S of the Code of Civil Procedure was not a matter of course or to fill in the lacuna in any party’s pleading ……………..(18) Case Referred to- Dr. Razia Khatun Vs. Bhanu Guha ..Category: Procedural Law | Date: | Hits: 114
Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)
....dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ......n provides that the Court would order for furnishing security or to appear and show cause why he should not furnish security. Thus it is imperative for the Court to issue notice upon the concerned party whom it has ordered for furnishing security, etc in the process of attachment before judgment..Category: Civil Law | Date: | Hits: 115
Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)
..... There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64. ......titioner was earlier elected a Member of the Parliament on the ticket of Bangladesh Awami League from the constituency No.140 Tangail 8, Shakhipur Bashail and due to difference of opinion with the party high command he resigned from Bangladesh Awami League and in the by-election held on 15-11-19..Category: Election Law | Date: | Hits: 158
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ......nce. There is also no prohibition clause in the Ordinance itself. He also submits that the writ petitioner has been used as a ploy by certain interested quarters and he himself is not an aggrieved party. Furthermore, no public interest is involved in the matter as it would be evident from the av..Category: Constitutional Law | Date: | Hits: 199
Government of Bangladesh Vs. Ramananda Sarker, 2002, 31 CLC (AD)
.... wronged. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 35. ......ule to the Limitation Act which governs a suit to set aside a decree obtained by fraud or for other relief on the ground of fraud. It provides 3 years from the time when fraud becomes known to the party wronged. The petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 97
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....son in support .of the said observation nor has held that the punishment imposed was illegal or vitiated by procedural impropriety, rather the AAT had held that "there has been no procedural defect in the departmental proceeding." The AAT has also not recorded any finding as to irrat......the suit. 25. In this connection our attention has been drawn to the decision in the case of Agrani Bank Vs. Khandaker Badrudduza reported in 56 DLR (AD) 136 in which one of us was a party. Khandaker Badrudduza the appellant in the aforesaid case was an employee of Agrani Bank who ..Category: Employment/Service Law | Date: | Hits: 78
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
..... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ......he provision of section 37 of the PDR Act the suit filed was not maintainable. As against the aforesaid contention of the defendant-petitioners, it was contended on behalf of the plaintiff opposite party that the suit filed by him is very much maintainable as setting aside of auction sale was sou..Category: Civil Law | Date: | Hits: 77
Government of the People’s Republic of Bangladesh Vs. Abdur Rahman and others, 2006, 35 CLC (AD)
....itration Appellate Tribunal. In view of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed.......s the appeal has not been disposed of on merit, the High Court Division should sent back the appeal to the Arbitration Appellate Tribunal for disposal on merit. 5. So it is seen that the opposite party before the High Court Division, i.e. the appellants herein, did not dispute the contention of ..Category: Property Law | Date: | Hits: 58
Md. Anarul Islam and others Vs. State and another, 2006, 35 CLC (AD)
....he company may proceed against the accused-appellants for the allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ...... the submissions of the learned Counsel for the appellant 11. Accordingly, the appeal is allowed and the impugned order is set aside and the impugned proceeding is hereby quashed. The complainant party including the company may proceed against the accused-appellants for the allegations in the pe..Category: Criminal Law | Date: | Hits: 50
Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
....our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ...... Division. The High Court Division upon observing that the defendants in Title Suit No. 135 of 1995 only defendant No.1, Uttara Bank has its Head office at Dhaka but the said defendant No.1 was not a party in the Artha Rin Adalat Case No. 55 of 1990/82 of 1982 filed at Rangpur and in that background..Category: Civil Law | Date: | Hits: 130
Messres MS Jafar Vs. Subordinate Judge, 3rd Court, Dacca & others, 1980, 9 CLC (AD)
....point of view we do not find any substance in this point. This appeal and the petition for special leave are dismissed but we make no order as to costs. Ed. This Case is also Reported in: ......read as whole and that sub-article (2) gave an option to the GoÂvernment of Bangladesh to file at any time before the final hearing of suit or proceeding a written application that it shall not be a party to the proceedings and with effect from the submission of such application the GovernÂment of..Category: Others | Date: | Hits: 106
S.M. Quddus & ors Vs. Chairman, Labour Court, Ctg. & anr, 1981, 10 CLC (AD)
.... provides, in our opinion, sufficient justification for granting termination benefits instead of reinstatement. In that view of the matter, the petitions are dismissed. Ed. ...... appears that while considering the prayer for reinstatement the Court observed as follows- "Regarding reinstatement, I am of opinion that there is lack of confidence on the first party and as such he should not be thrust on the shoulder of the second party. Under the circums..Category: Labour and Industrial Law | Date: | Hits: 110
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....is is a question of fact and hardly arises in this appeal by speÂcial leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ....... If the lady really understood and means to make the transfer, it is not required that someone should persuade her to the contrary. On the quesÂtion of onus, it was observed that the onus is on the party who sets tip and relies on a deed executed by a pardanashin lady to satisfy the Court that it ..Category: Property Law | Date: | Hits: 53
M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
.... allÂowed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ......n a breach of procedure the modern view of the judiciary is to interfere and put the parties right on the rail so that the proceÂdural irregularities do not confer any unwarÂranted benefit to any party. In other words, it is contended that wherever a procedure is laid down the parties must obser..Category: Others | Date: | Hits: 94
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....een taken over under the Acting President's Order (A.P.O. No. 1 of 1972) or as abandoÂned property under or in pursuance of PresiÂdent Order No. 16 of 1972), such property shall notwithstanding any defect in the right or authority to take it over, shall vest and be deemed to have always vested in ......t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ..Category: Constitutional Law | Date: | Hits: 157
Sayed Ali Vs. Sree Gopal Chandra Das and others, 1980, 9 CLC (AD)
....ithout any order as to costs and remit the case to the Court of first instance to dispose of the matter in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 212. ......ection is attracted to the facts of the case before it. 5. On turning to section 144 of the Code, we find that it says that the Court of the first instance shall, on an application made to it by a party entitled to the benefit by way of restitution or otherwise consequent upon the variation or re..Category: Procedural Law | Date: | Hits: 96
Badsha Mia Bepari Vs. Abul Bashar & ors., 1980, 9 CLC (AD)
....lating back becomes academic having no bearing with merits of the appeal. For the foregoing reason this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 183 ......ptible. Though the sale is in pursuance of a decree of a Court but the decree is for specific performance of contract entered into by the parties. What is done under the decree is that a recalcitrant party to a contract is compelled to execute the sale deed for which he has earlier bargained to sell..Category: Property Law | Date: | Hits: 57
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....of the Constitution. In the result the appeal is allowed, the impugned proceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ...... discussed first. It is "Sambasivam Vs. Public Prosecutor, Federation of Malaya'. Facts in brief of that case are that Sambasivam, appellant, was travelling on foot along with two Chinese. They met a party of three Malaya’ with whom a sudden fight broke out in the course of which one Chinese was k..Category: Criminal Law | Date: | Hits: 42
Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
.... we set aside the decision of the High Court Division and restore that of the trial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. ......25. The Transfer of Property Act, 1882 (Act IV of 1882), sections 105, 106. The right of occupation remains personal with the tenant. The right being personal it ceases with the death of either party. So on the death of the tenant, the tenancy ceases and hence it is not heritable…………â€..Category: Tenancy Law | Date: | Hits: 67
State, People's ReÂpublic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ...... case from a Special Tribunal to a Martial Law Court being a matter of procedure operates retrospectively……………….(52) Right of appeal is a vested right Right of appeal by a party to an action is not affected as being a matter of existing right. By a subsequent legislation ..Category: Criminal Law | Date: | Hits: 294
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