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Momtazuddin Sarker and others Vs. Abdur Rob and others, 2001, 30 CLC (AD)
....y on 22-11-1983. The case was contested by the pre-emptee denying the material allegations and stating that the case is not maintainable and barred by limitation, estoppel, waiver, acquiescence and defect of parties. His case it that he is a co-sharer in the suit holding and, as such, the pre-em......he petitioners. The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 67 ..Category: Property Law | Date: | Hits: 65
Abdul Alim Vs. State and others, 2001, 30 CLC (AD)
....party. The Petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 64. ......n 145 of the Code of Criminal Procedure and directing the receiver, Officer-in-Charge, Motijheel PS to hand over possession of Holding No. 59 and 59/1 Purana Paltan, Dhaka to Humayun Kabir, second party in that proceeding. 2. The short facts of the case are that, the respond..Category: Criminal Law | Date: | Hits: 62
Nuruzzaman (Md) Vs. Moazzem Hossain and others, 2001, 30 CLC (AD)
.... of the Civil Revision No. 1900 of 1991 before the High Court Division. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 56. ......ctuous as the Rule was obtained against a dead person showing him as alive. The fact revealed that in the appeal filed on behalf of the respondents appellant No. 1 (Kha) Ahmed Hossain i.e. opposite party No. 2 in the Civil Revision, actually died during the pendency of the appeal and his heirs w..Category: Property Law | Date: | Hits: 46
Rajib Kamrul Hasan and 3 others Vs. State, 2001, 30 CLC (AD)
....ney-General appearing for the State, c number of decisions and submitted that accused appellants knew what is the prosecution case against them and they having not raised any objection the score of defect of charge, the same is - entertainable for the first time before this Division Further, fro...... and sentence are maintained. Criminal Appeal No.31 of 1999 is allowed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 50. ..Category: Criminal Law | Date: | Hits: 72
Nurul Islam and others Vs. Jamila Khatun and others, 2001, 30 CLC (AD)
.... plaintiffs. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 45. ...... a decree for specific performance of contract in favour of the plaintiff and High Court Division acted illegally in not interfering with the same. He further submits that the petitioners not being party to the contract or privy of the contracting parties and having not purchased suit property f..Category: Property Law | Date: | Hits: 64
Jatiya Party Vs. Election Commission for Bangladesh and others, 2001, 30 CLC (AD)
....sion is set aside and the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 38. ......d the impugned order holding that respondent No. 6 Hossain Mohammad Ershad is the leader of the Jatiya Party in the Parliament headed by him and hence the symbol “Langol” is due to the party headed by him and the order shall be followed in any by-election in the present Parliament. ..Category: Election Law | Date: | Hits: 144
DG, Prisons & others Vs. Md. Nasim Uddin, 2001, 30 CLC (AD)
.... must. It appears that the Tribunal as well as the Appellate Tribunal thoroughly considered this legal position and rightly found that the order of dismissal of the respondent suffers from inherent defect. Both the Tribunals concurrently found that non-issuance of second show cause notice proved......out request helped this Division in the proper disposal of this matter. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 30. ..Category: Administrative Law | Date: | Hits: 137
Shahana Hossain Vs. AKM Asaduzzaman, 1995, 24 CLC (AD)
.... Division is set aside. The appellant is entitled to restitution in view of the disposal of the Miscellaneous Case by us. Ed. This case is also reported in: 47 DLR (AD) (1995) 155 ......the Code of Civil Procedure for possession. According to plain reading of section 144 of the Code, the decree having been varied or reversed the court of first instance shall on application of any party entitled to any benefit by way of restitution or otherwise is entitled to possession. This be..Category: Property Law | Date: | Hits: 68
Special Reference No. 1 of 1995, 24 CLC (AD)
.... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ......d Attorney‑General has, however, offered that he will be available for any assistance that the, Court may ask from him. 8. The Court will not entertain any statements of facts/affidavits of any party. The hearing of the matter will continue without any adjournment. 9. Let a copy of this or..Category: Constitutional Law | Date: | Hits: 248
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ......ed and in Halsbury's Laws of England, 3rd Edition, Vol. 1, at page 2, 'action' is defined thus: "Action', according to the legal meaning of the terms, is a proceeding by which one party seeks in a Court of Justice to enforce some right against, or to restrain the commission o..Category: Business or Commercial Law | Date: | Hits: 114
Abdul Hakim (Md) Vs. Genandra Nath Bashu Roy, 1995, 24 CLC (AD)
....ve no locus standi in the matter (Other Class Execution Case No.4 of 1993). The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 95 ...... 3418 of 1993). Judgment: ATM Afzal J: This petition at the instance of 3rd party‑objectors in Other Class Execution Case No.4 of 1993 of the Court of the Senior Assista..Category: Civil Law | Date: | Hits: 109
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....ve been guilty of some or other ambiguity. It would certainly save the judges trouble if Acts of Parliament were drafted with divine prescience and perfect clarity. In the absence of it, when a defect appears a judge cannot simply fold his hands and blame the draftsman. He must set to work o......ale deed the appellant instituted Title Suit No.588 of 1982 in the First Court of Munsif, Dhaka for specific performance of contract and obtained an ex-parte decree on 10.4.1982. The Government was party thereto and received notice of the suit. She obtained a deed through Court on 19.6.1982 and ..Category: Property Law | Date: | Hits: 86
Sirajul Islam (Md). Alias Siraj Madbar and others Vs. Keramat Ali Bhuiyan & ors, 1995, 24 CLC (AD)
....ned transfer. In the result, the appeal is allowed and the impugned order of the High Court Division is set aside. Ed. This case is also reported in: 47 DLR (AD) (1995) 64 ......ecutor in charge of the case had been influenced by one of the accused, Anwar Hossain. The learned Judges of the High Court Division did not issue any Rule or notice upon the accused‑opposite party or the State, but allowed the application and transferred the case to the Court of Sessions ..Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
.... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ......Sramik Shangha as the President of the Bandar Sheba Asram, we considered the allegations of facts as brought to our notice very minutely by Mr. Islam although the Islami Sramik Shangha was not made a party in the writ petition. As already stated, putting everything in the balance among which the lib..Category: Constitutional Law | Date: | Hits: 185
Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)
....er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ......se decree having been signed by one Kanai Lal Dhar, having no authority to sign on behalf of the other defendants, and that the predecessor‑ in ‑interest of defendant No. 6, not being a party to the compromise, there was no basis for holding that the compromise decree in Title Suit No..Category: Property Law | Date: | Hits: 51
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
.... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ......spute belonging to her. Respondent No. 4 filed OC Suit No. 125 of 1978 for specific performance of contract against their grandmother. The Government of the People's Republic of Bangladesh being a party thereto contended that the disputed premises was an abandoned property but the trial Court he..Category: Property Law | Date: | Hits: 62
Samsun Shipping Corporation Vs. Hossain and Sons and others, 1995, 24 CLC (AD)
....e any relevance to the matter in issue. We do, not find any ground to interfere. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 31 ...... Judgment: Mustafa Kamal J : The petitioner describing itself as defendant No.3 as a party interested in Admiralty Suit No.20 of 1994 filed an application on 31.8.94 for recording the ..Category: Admiralty Law or Maritime Law | Date: | Hits: 228
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ......e where a promise is made by one person to another, relying on which the promise has materially altered his position, but subsequently the promissor tries to back out. It may be defined as: where one party by words or conduct has made a clear and definite promise which he knows will be acted upon by..Category: Property Law | Date: | Hits: 79
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ......into a matter concerning public policy relating to administration of justice. This Court decided in the case of Abdul Jalil Munshi vs. Abu Bakar Siddique, 35 DLR (AD) 42 at para 12 that "if a party to a suit does an act to bring about a change in the state of things existing at the date of ..Category: Civil Law | Date: | Hits: 106
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
.... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ...... pronouncement from this Division. 11. The impugned judgment in these petitions is based mainly on the judgment in the case of A Hannan, 40 DLR 273, one of the learned Judges being himself a party to the said judgment. In order to appreciate the submissions of the learned Additional Attorn..Category: Business or Commercial Law | Date: | Hits: 126