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Jamshed Ali Vs. AKM Abdullah and others, 2000, 29 CLC (AD)
....d in Writ Petition No. 44 of 1998 is hereby set aside and the Writ Petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ...... there was no disturbance as submitted by Mr. Hannan, he could have approached the Election Commission instead of moving the High Court Division in writ jurisdiction. In such a situation aggrieved party can always agitate the matter before the Election Commission. In support of his submission Mr..Category: Election Law | Date: | Hits: 110
Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)
....ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ......of investigation. 8. Respondent No. 1 then moved the High Court Division under section 491 of the Code of Criminal Procedure as aforesaid. 9. The informant-appellant was not made a party in the High Court Division and the learned Judges in the course of hearing of the Misc. Case ..Category: Criminal Law | Date: | Hits: 48
Abdul Khaleque Master and others Vs. State, 2000, 29 CLC (AD)
....oper judgment as the same suffers from no error of law and fact. For the reasons stated above the petition dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 54. ......essions Court. 3. The defence of the accused persons is that they are innocent. The defence further pleaded that accused-petitioner No. 1 had got some political rivalry with the informant party and due to this political rivalry the false case has been started against the accused persons..Category: Criminal Law | Date: | Hits: 61
Qaiyum Khan and Others Vs. Sudarshan Singh and others, 2000, 29 CLC (AD)
....da Saha, not the defendants. 6. Second submission also fails. 7. We do not find any ground for interference. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 53. ......r I, rule 10 Non-joinder of parties The parties to the suit are bound by the result but other are not. The decree can be challenged by the persons left out who ought to have been made party but not by others on the ground of non-joinder……………&hellip..Category: Civil Law | Date: | Hits: 127
Mahbubul Haque (Md.) Vs. Md. A Kader Munshi, 2000, 29 CLC (AD)
....ce to agitate the questions at the time of trial of the suit the petition merits no consideration. The leave petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 49.......rder dated 21-9-98 passed by the Senior Assistant Judge, Barguna in Title Suit No. 17 of 1998 rejecting an application under Order VII rule 11 of the Code of Civil Procedure. 2. Plaintiff-opposite party No. 1 filed Title Suit No. 17 of 1998 in the Court of Senior Assistant Judge, Barguna for decl..Category: Civil Law | Date: | Hits: 142
Abul Qayum Khan and others Vs. Md. Abu Yousuf Mridha and others, 2000, 29 CLC (AD)
....sed, for what it is worth, at the earliest opportunity. But it was not done. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 48. ......bsp; June 15, 1999. The Bangladesh Transfer of Immovable Property (Temporary Provision) Order, 1972 (President’s Order No. 142 of 1972), Article 6 Non-joinder of party in a suit should be raised at the earliest opportunity. Lawyers Involved: ..Category: Property Law | Date: | Hits: 47
Momtaz Begum & others Vs. Md. Masud Khan, 2000, 29 CLC (AD)
.... the handwriting experts. 7. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 46. ......sp; June 7, 1999. The Specific Relief Act, 1877 (I of 1877), Sections 39 and 42 The Limitation Act, 1908 (IX of 1908), Article 91 The plaintiff not being a party to the kabala, prayer for cancellation of the same is not necessary. The plaintiff getting a ..Category: Property Law | Date: | Hits: 59
Sanaullah Khan (Md) Vs. Safura Khatun and others, 2000, 29 CLC (AD)
....as not obtained on this ground. For all these reasons the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 39. ......lip;……………………….Respondents Judgment November 21, 1999. The Constitution of Bangladesh, 1972, Article 103 A party should not be heard on a ground on which leave was not granted although there may be exceptio..Category: Property Law | Date: | Hits: 59
....5)(a) of the Ordinance which is also an infirmity of the said list. The appeal is accordingly dismissed without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (AD) (2000) 36.
......que Siddique, Advocate- on-Record — For Respondent No. 1.
Not represented — Respondent No. 2.
AW Khandker, Senior Advocate, instructed by M Nawab Ali, Advocate-on-Record — For the added party.
Civil Appeal No. 80 of 1997.
(From the judgment and order dated 7 July, 1996 passed b..
Category: Labour and Industrial Law | Date: | Hits: 163
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....d in 1987. 40. Having considered the facts and the law involved in the case, I am satisfied that the condition as mentioned in section 14(1) of the Ordinance is fulfilled and, as such, there is no defect in the statutory show cause notice as the Government retains the power of satisfaction under ......this appeal should be dismissed. Order of the Court By majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 177. ..Category: Constitutional Law | Date: | Hits: 192
Abdur Rahman (Md) Vs. Md. Iqbal Ahmed and others, 1997, 26 CLC (AD)
....e benefits of the decree obtained after protracted litigation. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 142 ......Division fallen into an error of law in refusing to dismiss t execution case. 3. We find no substance in the contention. The obvious proposition of law is that on the demise of either party to the power of attorney the relationship between the principal and the attorney ceases in ac..Category: Property Law | Date: | Hits: 84
Abdul Kaiyum (Md) Vs. Krishnadhan Banik being dead, his heirs Bijan K Banik & ors, 1997, 26 CLC (AD)
....ugned judgment or in the revision petition before the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 140 ......id decree Title Execution Case No 2 of 1991 the petitioner got possession of the disputed property on 18 2 94 On 1394 the predecessor of respondent Nos. 1(a) 1(f), Krishnadhan Banik, who was not a party to Title Suit No. 17 of 1991, filed an application under rule 100 of Order XX of the Code of ..Category: Property Law | Date: | Hits: 64
Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others, 1997, 26 CLC (AD)
....fficers in the gradation list which the appellants want to declare illegal in its entirety having not been made parties to this case the Administrative Tribunal ought to have dismissed the case for defect of parties. The Appellate Tribunal rejected the submission of the appellants that they ough......own by both the Tribunals below. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 172 ..Category: Administrative Law | Date: | Hits: 160
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ......ench concerned, we say with respect, has been disposing of appeals (also other matters) in a manner to which objection is being raised not only by the losing side but sometimes also by the winning party. Facts of the case sometimes are not even carefully stated, arguments are but little noticed ..Category: Criminal Law | Date: | Hits: 77
Chairman, Chittagong Port Authority & another Vs. Ministry of Defence and others, 1997, 26 CLC (AD)
....s No. 5, 6 & 7 and all other concerned authorities are directed to give effect to this order immediately.” Ed. This case is also reported in: 49 DLR (AD) (1997) 152 ......ority. Proforma defendant Nos. 5, 6 & 7 and all other concerned authorities are directed to give effect to this order immediately”. It transpires that though the appellant was a proforma party to the suit he did not enter appearance. And no decree was passed against him ex parte. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 184
Safaruddin and others Vs. Fazlul Huq and others , 1997, 26 CLC (AD)
....o happened to be the shebayet of the deity subsequently transferred the same to the defendants by means of several registered Kabalas of the year 1978. They further plead that the suit was bad for defect of party and also non inclusion of all joint properties. 4. The learned Senior Assista...... to be the shebayet of the deity subsequently transferred the same to the defendants by means of several registered Kabalas of the year 1978. They further plead that the suit was bad for defect of party and also non inclusion of all joint properties. 4. The learned Senior Assistant Judge, ..Category: Property Law | Date: | Hits: 71
Karnafuli Cotton Mills Ltd. Vs. United Commercial Bank Ltd. and others, 1997, 26 CLC (AD)
....nbsp; Subject to this modification of the order of the High Court Division the petition is disposed of. Ed. This case is also reported in: 49 DLR (AD) (1997) 130 ....... Judgment: Mustafa Kamal J This petition for leave to appeal by defendant-opposite party No. 1 is from the judgment and order dated 9-7-95 in which a Rule sought to be obtained by th..Category: Procedural Law | Date: | Hits: 98
AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 1997, 26 CLC (AD)
....all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ......Tribunal with a prayer for a direction to reckon the period from 29-9-70 for the purpose of counting his seniority, as also for some other reliefs. 3. The Ministry of Establishment, opposite party No 4 in the appellant’s petition, did not file any written statement and did not contes..Category: Administrative Law | Date: | Hits: 140
State Vs. Jobaida Rashid, 1997, 26 CLC (AD)
....t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ......stance she was taken to the Magistrate on enlarged on bail. 10. We shall refrain from making any comment on the value of the materials referred to before us because we do not like to prejudice any party in any manner at the trial which, we have been told, has begun. For the purpose of disposal of..Category: Criminal Law | Date: | Hits: 115
Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)
.... more are set aside. The appellant be set at liberty forth with if not required in connection with any other case. Ed. This case is also reported in: 49 DLR (AD) (1997) 111 ......s of the Union, found 6/7 persons moving suspiciously on the road of Bogalia Amishapara at village Paschim Doupatpur towards the west Kalikapur (Khelafat Bazar) on 18-9-91 at about 8 PM. The patrol party rounded them up, but some of the suspiciously moving persons escaped with ants after a scuff..Category: Criminal Law | Date: | Hits: 98
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