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Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....hich was a protected interest, was not subject to annulment under section 37 of the said Act XI of 1859. But some of the defendants, namely, heirs of Ahmadullah Munshi, by fraud and collusion, got fresh settlement of the entire raiyati of Golam Rahman from the Khas Mohal Office some time in 1952......r the Respondent No. 9. Ex parte —For the Respondent Nos. 1(a) to 1(g), 7 to 8, 10 to 18, 20, 21(a) to 21(f), 22 to 32, 34 to 48 and 50 to 53. Exempted from filing substitution application vide Court's order dated 7-8-84—For the Respondent Nos. 19. 33 & 49 is dead. ..Category: Property Law | Date: | Hits: 55
Md. Moshahaq Ali Mia & ors. Vs. Rabeya Khatun and anr., 1985, 14 CLC (AD)
....gistered as has been noticed already. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 190. ......of registration. Section 72 provides for an appeal to the Registrar from orders of Sub-registrar refusing registration on a ground other than denial of execution and section 73 provides for an application to a Registrar where a Sub-registrar refuses to register on the ground o denial of exe..Category: Property Law | Date: | Hits: 25
Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)
....e set aside and that of the District Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184.......to the benefit of section 14 of the Limitation Act. Remedy against the order of dismissal under Order XLVII rule 7(2) of the Waqf Ordinance might be sought before the District Judge by filing an application for restoration of the Review petition within 15 days from the date of order of dismissa..Category: Procedural Law | Date: | Hits: 112
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
....rder of the High Court Division is set aside and those of the appellate court below restored. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 177. ......Ext.1 (a) and the defendant No. 2 played no fraud in getting the kabala Ext. A defendant No. 2 has acquired valid title by Ext. A. This finding has been reversed by the appellate court below on the application of section 28 of the Registration Act inasmuch as inclusion of .02 acres of land of sch..Category: Property Law | Date: | Hits: 36
Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 1985, 14 CLC (AD)
....rt rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ......he defect was pointed out by the respondent. In the circumstances, the learned Single Judge of the High Court Division has rightly refused to interfere with the order of the trial court rejecting the application under Order IX, rule 13 C.P.C …………………..(5) Case Referred to- Benod..Category: Tenancy Law | Date: | Hits: 159
Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)
.... that no contempt had been committed and the petition is therefore dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161....... and the order of the learned Munsif was set aside, and it was directed to dispose of the suit after taking evidence. 5. Being aggrieved by the said appellate order the defendants filed revisional application before the High Court Division. The learned Single Judge after hearing the parties notic..Category: Property Law | Date: | Hits: 55
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
....view its judgment the Indian Supreme Court observed as follows: "A party is not entitled to seek a review of a judgment delivered by the Supreme Court merely for the purpose of a rehearing and a fresh decision of the case. The normal principle is that a judgment pronounced by the Court is final......cise such power. Curiously enough, simultaneously, that is, while opposing the exercise of any power to review its judgment, the learned Counsel submitted before this Court that it should consider an application seeking clarification of the judgment in question. Permission was given him to file the ..Category: Constitutional Law | Date: | Hits: 149
Kalipada Saha Vs. State, 1985, 14 CLC (AD)
....Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 135. ......ms Act and section 16 Special Powers Act and sections 275/420 of the Penal Code against the accused. Some drugs and medicines were seized from the shop of the petitioner. Police filed an application for proclamation and attachment of the property of the son of the petitioner. The ..Category: Criminal Law | Date: | Hits: 59
Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
....quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 117. ......les, 1934. The suit was for permanent injunction restraining defendant Nos.1 and 2 from accepting offer of respondent No.3 for supply of fuel oil and lubricant. Appellant also filed an application for temporary injunction. The case of the appellant as stated in the plaint is that her..Category: Others | Date: | Hits: 84
Joynal Abedin and others Vs. State, 1985, 14 CLC (AD)
....e result the appeal is allowed in part only in respect of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ......ndha Town. This path however ran through the land of the accused Joynal Abedin, who all along protested and even tried to obstruct the complainant's men from passing along it. In this connection an application was filed by the complainant before the Sub-Divisional Magistrate, Gaibandha, who ..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
.... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371.......d citizenship in the month of December 1978. The respondent No.1 has placed a paper on the record wherefrom it is seen that Abdur Rahman the constituted Attorney of Wali Mohammad (allegedly) filed an application in the middle of November 197b seeking permission for transfer of the property in questi..Category: Property Law | Date: | Hits: 40
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
....e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ......ncluding the Members of the Parliament shall be called in question by each and every citizen of Bangladesh. Therefore, it can safely be said that the petitioner has got a locus standi to file this application by calling in question the conduct and actions of the respondent Nos. 3-5 for getting a..Category: Constitutional Law | Date: | Hits: 147
M/s. House Building Finance Corporation Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)
....rofits and gains cannot properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may determine." ...... cash system". 9. Against this order of the Tribunal the appellant preferred Reference Application Nos.12 to 16 of J977 before the High Court Division. The learned Judges rejected the applications on finding that, as the appellant had employed the mercantile method of accountin..Category: Fiscal/Taxation Law | Date: | Hits: 102
State Vs. Abul Kashem, 1985, 14 CLC (AD)
.... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ......Code, from an order of conviction when the accused has pleaded guilty except as to the legality of the sentence. The accused thereafter challenged the order of conviction in a revisional application under section 439 of the Criminal Procedure Code, and the learned Single Judge, by his ..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Abul Kaiser Chowdhury and others, 1984, 13 CLC (AD)
.... reason to take a different view. In this view of the matter the appeal is allowed. The suit is dismissed. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 85. ......n substituted as Mutwalli of wakf Estate. Be that as it may, Abdul Hamid Chowdhury died in June, 1973 and thereafter his son and heir Abul Kaiser Chowdhury was appointed Mutwalli in Junes 1973. An application was filed by Abul Kaiser Chowdhury on 5.6.76 stating that the appeal had abated because..Category: Trust/Waqf Law | Date: | Hits: 193
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
.... Ahmed 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: 37 DLR (AD) 71. ......ogesh Chandra Das. Plaintiff appellant asserted that as Jogesh Chandra Das was a rent-receiver he was required to take prior permission for transfer of the properties which he did not do, his application for permission having been rejected. According to plaintiff-appellant, the in..Category: Others | Date: | Hits: 86
Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)
....echnicality of procedural law. In the result therefore this appeal is dismissed but there will be no order to costs. Ed. This Case is also Reported in: 37 DLR (AD) 63. ...... record found that the plaintiff was entitled to a reduced share and on calculation the said share was reduced for which no objection could be taken. In this view of the matter the revisional application was rejected summarily. 6. Leave was granted to consider the question whether in..Category: Property Law | Date: | Hits: 38
Akbar Ali and others Vs. Mosammat Rabeya Sultana (Koli) and another, 2007, 36 CLC (AD)
.... In view of our discussions as above we find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 355. ......ers moved the High Court Division at a stage when some of the accused were absconding and no cognizance of the case was taken by the Court and the High Court Division rightly found the application under Section 561A of the Code of Criminal Procedure premature. The decision of t..Category: Criminal Law | Date: | Hits: 45
Md. Jasimuddin Sarker Vs. State, 2008, 37 CLC (AD)
.... above, the submission of the learned Advocate-on-Record deserves no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 349. ......f the petitioner is directed against the judgment and order 06..03.2005 passed by the High Court Division in Criminal Miscellaneous Case No. 6097 of 2002 discharging the Rule the arising out of an application under Section 561A of the Code of Criminal Procedure for quashing the proceeding of Spe..Category: Criminal Law | Date: | Hits: 64
....ircumstances, we do not find any cogent reason to interfere with the judgment of the High Court Division.
The petition is dismissed.
Ed.
This Case is also Reported in: VI ADC (2009) 330.
...... placed before the High Court Division are that the opposite party Nos.1 and 2 as plaintiffs filed Suit No.84 of 2008 in the Court of Senior Assistant Judge, Kishoreganj against the defendants and an application for permanent injunction followed under Order XXXIX Rules 1 and 2 read with section 15..
Category: Civil Law | Date: | Hits: 118
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