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Nasima Begum Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....ld in custody without lawful authority. Let the detenu be set at liberty forthwith if not wanted in any other connection. Ed. This case is also reported in: 49 DLR (AD) (1997) 102 ......Wahab, younger brother of the husband of the writ petitioner. 2. It was alleged in the writ petition that the detenu is a small businessman aged about 28 years, unattached with any political party. He was arrested by the police on 31-1-95 in connection with Motijheel PS Case No. 85 (1)95 u..Category: Criminal Law | Date: | Hits: 99
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
.... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ......dduce further evidence. 6. In Civil Revision No. 51 of 1991 preferred by the respondent who purchased the disputed property from the plaintiffs after the ex parte decree and got himself added as a party to the appeal the High Court Division concurred with the appellate court that the plaintiffs n..Category: Tenancy Law | Date: | Hits: 88
Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)
....ct necessary for the disposal of the appeal, which has not been determined by the lower appellate Court, or which has been wrongly determined, by such court by reason of illegality omission error defect such as is referred to in sub-section 1 of section 100. The function in the high court in......f the said court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ..Category: Property Law | Date: | Hits: 60
Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)
.... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ...... and the subsequent purchaser join in the conveyance it is possible that subsequently difficulties may arise with regard to the plaintiff’s title. Suppose in a case in which the contracting party did not appear and the decree passed directed the subsequent purchaser only to convey the pr..Category: Property Law | Date: | Hits: 73
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
.... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ......racter which would either directly prove the fact of benami or establish circumstances unerringly and reasonably raising an inference of that fact. The essence of a benami is the intention of the party or parties concerned; and not unoften such intention is shrouded in a thick veil which can..Category: Procedural Law | Date: | Hits: 140
Mohsin Mia Vs. Bangladesh, 1997, 26 CLC (AD)
....foresaid principles and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ......Bash Mahal by inviting tender it could not act arbitrarily by rejecting all the tenders or by not offering to the highest bidder to purchase at the enhanced price which might have been offered by a party who did not take part in the tender. He has submitted that the petitioner invoked the writ ju..Category: Constitutional Law | Date: | Hits: 149
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....sion, although on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ......ue on title by adverse possession cropped up. Order XIV rule 1 of the code of Civil Procedure casts a definite responsibility upon the trial Court to frame issue upon the material assertions by one party and denied by the other and this can be done at any stage of a suit if found necessary provi..Category: Property Law | Date: | Hits: 72
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
.... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ......hat the power should be exercised “as it deems fit” i.e. in exercise of a proper judicial discretion. The power is wider under sub-section (5) and may be used either on application by a party or suo motu so long as the decree remains unsatisfied. 14. As to the second contentio..Category: Family Law | Date: | Hits: 144
Abul Ahsan Vs. Administrator of Pabna Cham. of Com. & Ind. & anr, 1997, 26 CLC (AD)
.... decision. Accordingly, those petitions are disposed of as not being necessary for deciding the questions raised therein. Ed. This case is also reported in: 49 DLR (AD) (1997) 46 ......puty Attorney-General instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Respondents. Mahbubey Alam, instructed by Md. Sajjadul Huq, Advocate-on-Record-For the third party Petitioners. Civil Petition for Leave to Appeal No. 670 of 1995. Judg..Category: Procedural Law | Date: | Hits: 122
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ......icle 102: Per Mustafa Kamal J delivering The Full Court Judgment. ……(47-48) Per A TM Afzal J (agreeing): The Court in considering the question of standing in a particular case, if the affected party is not before it, will enquire as to why the affected party is not coming before it and if it ..Category: Constitutional Law | Date: | Hits: 450
Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)
....aintiff, had died on 18-4-85 and the trial Court decreed the suit on contest holding, inter alia, that the suit was maintainable (issue No.1) in its the then form and the same was also not bad for defect of parties (issue No.2). The learned Advocate submitted that the trial Court upon acceptance......iff or sole surviving plaintiff dies and the right to sue survives, the Court, on an application made in that behalf, shall cause the legal representative of the deceased plaintiff to be made a party and shall proceed with the suit. (2) Where within the time limited by law no applicat..Category: Property Law | Date: | Hits: 88
Shahinur Alam (Md) Vs. People’s Republic of Bangladesh and others, 1998, 27 CLC (AD)
....he submission of the learned Advocate. No case for leave has been made out. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 211. ......ot lawful and that he was not given proper opportunity to defend himself in the proceeding and thereby he was illegally dismissed from service. 3. Respondent Nos.1 and 2, as opposite party Nos. 1 and 2 respectively, contested the case by filing a joint written statement denying the..Category: Administrative Law | Date: | Hits: 133
....eived because he himself could set aside the order of the CMM which was actually prayed for.
All the petitions are dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 189.
......t Division correctly held:
Since there is no requirement of law to record reasons for taking cognizance we find no illegality in those orders on that court. Learned Advocates for the accused 1st party could not show any decision that reasons are to be recorded for taking cognizance but persiste..
Category: Business or Commercial Law | Date: | Hits: 163
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
.... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ...... long order that the decision of the Inter-Ministerial meeting held on 17-11-79 had never been executed at all through any circular or Government order nor the National Board of Revenue which was a party to the said meeting issued any circular or Notification against standing circular No.9 II of..Category: Fiscal/Taxation Law | Date: | Hits: 97
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
....cisions of this Court. The position in law is that paragraph 19(2) does not totally debar the Court and it will be competent for the Court to review acts, actions or proceedings which suffered from defect of jurisdiction or were coram non judice or were malafide vide Khandaker Ehteshamuddin Ahmed......against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ..Category: Administrative Law | Date: | Hits: 125
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ......endation, the Chairman of the Railway Board agreed to the proposal of the plaintiffs to settle the suit land on lease but subsequently it was detected that transfer of Government land to a private party was not legal and regular and in direct violation of the rules of the Government Land Acquisi..Category: Administrative Law | Date: | Hits: 130
Sunil Chandra Mondal and others Vs. Narayan Chandra Shil & others, 1996, 25 CLC (AD)
.... High Court Division was far from justified in upholding the order of amendment. The appeal is, accordingly, allowed with cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 148. ......indicated in the beginning, whether the amendment of the plaint was rightly allowed in the facts and circumstances of the case. 6. It is true that court may at any stage of the proceeding allow a party to alter or amend his pleading in such manner and on such terms as may be just, and all such a..Category: Procedural Law | Date: | Hits: 149
Shahida Khatun Vs. Abdul Malek Howlader and others, 1998, 27 CLC (AD)
....High Court Division rightly did not encourage a transfer on a mere apprehension. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 147. ......l Procedure, 1908 (V of 1908), Section 24(1)(b)(i) The petitioner has not given any hard evidence of the trial Court’s fear or favour of and for the District Judge concerned, who is a party to the case. The High Court Division rightly did not encourage a transfer on a mere apprehens..Category: Property Law | Date: | Hits: 71
Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
....ment-roll has been finally published for a village or group of villages or local area stating the date of such final publication complying with the provisions of section 43(2). Even if there be any defect in the preparation and publication of the compensation assessment-roll by itself shall not s......ioner was not entitled to retain its possession. The petition is therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 143; 1 MLR (AD) 1996, 379. ..Category: Property Law | Date: | Hits: 90
Ranu Begum and another Vs. Kazi Liakat Ali and others, 1997, 26 CLC (AD)
....cate that the said discretion was properly exercised by him. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 142. ...... 3. The exercise of the revisional power under section 115 of the Civil Procedure Code is a discretionary one. Ordinarily it is not to be exercised where there is an alternative remedy open to a party. 4. In the instant case the order of rejection of the application for temporary inju..Category: Procedural Law | Date: | Hits: 109
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