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Sheikh Abdus Sabur Vs. Returning Officer, District Education Officer-in-Charge, Gopalganj & others, 1988, 17 CLC (AD)

....the learned Attorney-General for making available all the books cited by the parties in this case. For the reasons, the appeal fails. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 30 ......if, Deputy Attorney General with him) instructed by B. Hossain, Advocate-on-Record— For Respondent Nos. 1-3. Not represented. —Respondent Nos. 4-3 & 10-11. Civil Appeal No. 3 of 1988 Judgement Badrul Haider Chowdhury J. — Appel­lant was a candidate for election to the office o..

Category: Election Law | Date: | Hits: 212

Shambhu Nath Saha Vs. Alfazuddin Ahmed & others, 1989, 18 CLC (AD)

....re existed no relationship of landlord and tenant between the parties. The appeal is, accordingly, dismissed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 27......sain, Advocate-on-Record—For the Appellant Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Respondents. C. A. No. 18 of 1987 Judgement: A.T.M. Afzal J. — The defendant in a suit for ejectment of monthly tenant is the ap..

Category: Others | Date: | Hits: 96

Bangladesh Sericulture Board & another Vs. Md. Fazlur Rahman Akunjee & another, 1989, 18 CLC (AD)

....instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25...... For the Appellants. Mahbubur Rahman, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Respondent No. 1. Ex-parte— Respondent No. 2 Civil Appeal No. 8 of 1987. Judgement A.T.M. Afzal J. — This is a defendant's ap­peal, by leave, from judgment and order d..

Category: Employment/Service Law | Date: | Hits: 89

Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)

....s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8...... and B. Hossain Advocates with him) — For the Ap­pellants. K.A. Bakar, Senior Advocate, (A Saleque and A.W. Mallik, Advocates with him)—For the Respondent. Civil Appeal No. 160 of 1979. Judgement: Shahabuddin Ahmed J. — This appeal by special leave arises from a judgment and decre..

Category: Banking Law | Date: | Hits: 103

Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)

.... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first ap­pellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ...... finding of the lower appellate court being that the plaintiff was not in possession since his alleged kabala in 1956; the clear legal inference is that the suit was barred by limitation. The learned Judge of the High Court Division plainly exceeded his jurisdiction under section 100 C.P.C. and unne..

Category: Property Law | Date: | Hits: 46

Bangladesh Railway Vs. M/s. Chartering and Shipbroking Corpora­tion, 1985, 14 CLC (AD)

....rrier, defendant No. 4, and Trustees of the Port of Chittagong defendant No. 4. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ......peal No. 105 of 1968.) Judgment Fazle Munim CJ.— This appeal arises from First Appeal No. 105 of 1968 allowing the appeal in part and modifying the judgment of the Subordinate Judge, 3rd Court, Chitta­gong in Money Suit No. 248 of 1964. 2. Plaintiff-appellant fil..

Category: Civil Law | Date: | Hits: 89

Maqbul Hossain & others Vs. Bangladesh Milk Producers’ Co-Ope­rative Union Ltd., 1985, 14 CLC (AD)

....t, therefore, this appeal is allowed and it "is remanded to the High Court Division for disposal in accordance with law. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 38. ......remaining terms of the agreement without further delay. 6. The appellants being aggrieved filed Criminal Appeal No. 307 of 1983 before the High Court Division, Dhaka Bench. A learned Single Judge dismissed the appeal hol­ding that the appeal was not maintainable on the ground that the..

Category: Labour and Industrial Law | Date: | Hits: 98

Jonab Ali Sarder & others Vs. Taser Ali Fakir & another, 1985, 14 CLC (AD)

....ation. The argument built on sub-section (1) of section 17 does not stand. In the result this appeal is dismissed. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 35. ......ellate Court below concurred with the findings of the trial Court and dismissed the appeal preferred by defendant’s No. 1 to 5. 4. In Second Appeal being S.A. No. 619 of 1962 the learned Single Judge allowed the appeal and set aside the judgments and decrees of the Courts below and decreed the..

Category: Property Law | Date: | Hits: 49

Bangladesh Vs. Jalaluddin Ahmed, 1985, 14 CLC (AD)

....igh Court Division is set aside and that of the trial court is restored. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 27. ......l arises from F.M.A. No. 142 of 1974 passed by the High Court Division on August 10, 1981.  2. Plaintiff-respondent filed Title Suit No. 6 of 1971 in the Court of 3rd Subor­dinate Judge Dhaka for setting aside the award of an Arbitrator for realisation of the sum of Tk. 1, 57,75..

Category: Civil Law | Date: | Hits: 111

Ram Chandra Das & others Vs. Md. Khalilur Rah­man & another, 1984, 13 CLC (AD)

....f Tk. 15,000/- as solatium in addition to the balance consideration money. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 21, 1985 BLD (AD) 41. ......l arises from First Appeal No. 55 of 1978 passed by the High Court Division on 25 March 1982. 2. Plaintiff who is the respondent instituted Title Suit No.3 of 1976 in the 5th court of Subordinate Judge, Dhaka for specific perfor­mance of contract to sell the suit lands. Plaintiff's case was tha..

Category: Civil Law | Date: | Hits: 109

M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)

.... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ......ppeal No. 27 of 1983. Judgment Fazle Munim CJ.— This appeal arises from First Appeal No. 27 of 1981 affirming the judgment and decree in Money Suit No. 172 of 1974 passed by the Subordinate Judge of 3rd Court, Dhaka on September 30, 1980. 2. Facts as stated in the plaint show that on N..

Category: Civil Law | Date: | Hits: 110

Md. Motahar Hossain Khan Vs. Bangladesh Jute Mills Corporation, 1984, 13 CLC (AD)

....ad recorded such a finding. 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: 36 DLR (AD) (1984) 282. ...... judgment and decree of the lower appellate court and restoring those of the trial court. 2. Plaintiff is the appellant. He filed Title Suit No. 137 of 1976 in the 2nd Court of Subordinate Judge, Dhaka for declaration that the order of his dismissal was malafide, void, illegal, arbitrary..

Category: Employment/Service Law | Date: | Hits: 92

Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)

.... from this Court for a reasonable amount. In the circumstances a money decree for Tk. one lack fifty thousand is quite reasona­ble. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ......are involved both of them are disposed of by this judgment. 3. Defendant is the appellant in CA. No. 112 of 1983. Respondent plaintiff filed Title Suit No. 231 of 1976 in the Court of Subordinate Judge, Dhaka 3rd Court for dissolution of partnership firm styled "Cafe China" for accounts and for ..

Category: Business or Commercial Law | Date: | Hits: 114

Abdul Kader & ors. Vs. A. K. Noor Moham­mad & ors., 1984, 13 CLC (AD)

....s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. .......- This appeal arises from First Appeal No. 32 of 1974 passed by the High Court Division on 11 August, 1982. Appellants instituted Title Suit No. 36 of 1975 in the 4th Court of Subordinate Judge, Dhaka and was renumbered as Title Suit No. 1 of 1978 after being transferred to 5th Court o..

Category: Property Law | Date: | Hits: 36

Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)

....upon taking such fresh evidence as may be neces­sary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ......ly directed to remove the objection regarding the maintaina­bility of the suit and that defendant-respon­dents would not in any way be prejudiced. 6. By their judgment dated 15-3-83 the learned Judges of the High Court Division rejected the application for amendment of the plaint, allowed the ..

Category: Property Law | Date: | Hits: 99

Santosh Kumar Chakraborty & others Vs. M.A. Motaleb Hossain and others, 1984, 13 CLC (AD)

....herewith. The appeal from this judgment must fail. In the result, the appeal is dismissed without how ever any cost. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 248, 1985 BLD (AD) 59.......l Procedure Code, are mandatory in all cases, such as, where there is a declaration by the serving officer that summons was duly served by him under rule 17 of the said Order, and whether the learned Judges of the High Court Division have correctly held that the trial Court made a declaration, under..

Category: Procedural Law | Date: | Hits: 93

Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)

.... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ......s view was that the plaintiffs failed to prove that the consideration of the suit kabala was unlawful. Accordingly the suit was dismissed. 6. On appeal the learned Additional Dis­trict Judge took the view that the impugned kabalas were executed by the plaintiff at a time when non-com..

Category: Property Law | Date: | Hits: 42

Bangladesh Vs. Abed Ali and others, 1984, 13 CLC (AD)

....their sentence, falling which the trial Court shall secure their arrest for the said purpose. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 234. ......bsp;               Shahabuddin Ahmed J.- This appeal by the State is against an order of acquittal, passed by a learned Single Judge of the High Court Division in revision—Criminal Revision No. 175 of 1980. 2. Th..

Category: Criminal Law | Date: | Hits: 66

Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)

....as well as of the trial Court and the lower Ap­pellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ......il Revision No. 1324 of 1979. 2. Plaintiff appellant brought a suit being O.C. Suit No. 50 of 1977 for declaration of right, title and interest in the suit land in the Court of Subordinate Judge, Rangpur. Her case was that the land in question was owned and possessed by one Gouri Dasi, h..

Category: Property Law | Date: | Hits: 112

Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)

....is sent back to High Court Division for disposal in accordance with law. There will be no order as to costs. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 220. ...... Division, Dhaka Bench on 6.1.83. 2. Respondent No.1 instituted Miscella­neous Case No. 150 of 1978 under section 24 of the Non-Agricultural Tenancy Act, in the 1st court of Subordinate Judge, Mymensingh for pre-emption of .385½ acres of land recor­ded in C.S. Khatian No. ..

Category: Property Law | Date: | Hits: 34