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Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)
....different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ...... Whereby he bequeathed all his moveable and immoveable properties to the appellant who was made executrix of the said Will. She filed the Probate case for granting of probate. The Respondent filed an application in the said case for adding her as a party in that case on the allegation that the tes..Category: Property Law | Date: | Hits: 80
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
.... will be of no help to him because he had, unfortunately, withdrawn Title Suit No. 360 of 1984 from the Court of Subordinate Judge, 3rd Court, Dhaka without permission for the Court to file any suit afresh. 14. The learned Counsel for respondent No.4 has pointed out that in his Writ petition the ......t failure. As the only heir of his father the appellant sold his father's house at 5 Bakshibazar, Dhaka to one Mrs. Sahera Khatun. That property was also treated as an abandoned property, but on an application filed by Mrs. Sahera Khatun under Article 102 of the Constitution of the People's Repu..Category: Property Law | Date: | Hits: 32
Mohammad Ali Vs. Lt. Col. (Retired) Habibullah Bahar & ors. 2006, 35 CLC (AD)
.... (2) Nothing in this rule applies to documents produced for cross-examination of the defendant's witnesses, or in answer to any case set up by the defendant or handed to a witness merely to refresh his memory." 22. From the above provisions it appears that in case of ...... The Specific Relief Act, 1877 (I of 1877), Section 56(K) The bar of section 56 (K) of the Specific Relief Act for non-production of document under Rule 14 of Order VII CPC has no manner of application in considering the petition under Order VII Rule 11 of the Code. Nor on point of mainta..Category: Property Law | Date: | Hits: 33
Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
....uld be caused in a great many cases. Suppose, for instance, the property of the judgment-debtor is attached, and the property is put up for sale. If in the meanwhile the appeal is decided and a fresh application is necessary, all the previous proceedings would be wiped out, and a fresh attac......er, however, filed Title Execution Case No.3 of 2002 on 08.06.2002 through bonafide mistake forgetting about the pendency of the earlier Title Execution Case No.18 of 1980 and subsequently filed an application for withdrawal of the subsequent execution case which was rejected on 03.09.2002. The ..Category: Procedural Law | Date: | Hits: 93
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ......hereinbefore the trial Court decreed the suit. As against the decree of the trial Court one of the defendants i.e. Secretary, Ministry of Works (herein Respondent No.1) filed appeal accompanied by an application for condonation of delay of 207 days. The appellate Court heard both the parties and upo..Category: Limitation Law | Date: | Hits: 205
Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
..... In view of the discussion made above we find no way but to dismiss these appeals. 17. In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ......e decreed by the trial Court with costs. 10. It was argued on behalf of the plaintiff- appellants in the High Court Division that the aforesaid decision 38 DLR (AD) 97 has no manner of application in the facts and circumstances of the present case as that was a decision in an S.C.C. ..Category: Property Law | Date: | Hits: 106
S. M. Emdadul Hossain (Bulbul) Vs. Jinnur Hosain and another, 2005, 34 CLC (AD)
.... order dated 26.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 8491 of 2001 is stayed for a period of 6 (six) months from dated. Ed. This Case is also Reported in: ......ate issued summons against the petitioner under Section 138 of the Act and the accused petitioner has been released on bail. At the time of hearing as to framing of charge the petitioner filed an application to discharge him under section 241A of the Code of Criminal Procedure which being reject..Category: Criminal Law | Date: | Hits: 36
Md. Nurul Amin Vs. State, 2006, 35 CLC (AD)
....der of taking cognizance in this case before obtaining necessary sanction of the Government has been illegal. The Special Judge, Pabna will, therefore, have to take cognizance of the case afresh after compliance of the previsions of law for getting necessary sanction of the Governm...... Islam seeks leave to appeal against judgment and order dated 15.02.04 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 1634 of 2004 summarily rejecting the application filed by him under section 561A of the Code the Criminal Procedure. 2. The fact..Category: Criminal Law | Date: | Hits: 39
Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)
....ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ......pondent Nos. 1 and 2 needed to file a suit against the appellants with a prayer for ad interim injunction and having found the doors of the Civil Court closed moved the High Court Division with an application under section 151 of the Code of Civil Procedure. It was, inter alia, stated in the sai..Category: Civil Law | Date: | Hits: 119
Abul Hashem Vs. State, 2006, 35 CLC (AD)
....of case under the Provisions of Nari-O-Shishu Nirjatan (Bishes Bidhan) Ain, 1995 in the light of the observation/direction made above. The leave petition is thus disposed of. Ed. ......e. Under the provision of aforesaid ordinance, the Special Tribunal constituted under the Special Powers Act, 1974 took cognizance of the offence, to try the case. 3. The petitioner filed an application under section 561A of the Code of Criminal Procedure praying to quash the proceeding. ..Category: Criminal Law | Date: | Hits: 30
Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)
....becoming 30% share holder then the said percentage of share was reduced to the extent of 26% share; that it was also decided in the said "Salish' on 17 08-2003 that the parties will execute a fresh partnership deed and the petitioner will run the business by cancelling the power of attorney......e trawler was given Jimma to the petitioner who got possession thereof on 13-11-2003. 5. Against the said order of Jimma dated 11-11-2003 the respondent No.1 preferred revisional application under section 439A of the Code of Criminal Procedure before the leaned Metropolitan Ses..Category: Property Law | Date: | Hits: 31
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2006, 35 CLC (AD)
....without any order as to cost. The impugned judgment and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. ......contract as an individual to do any work for the Union Parishad rather he signed the contract on behalf of the Union Parishad, so the provision of Section 7(2) (f) of the Ordinance has no manner of application in this case. 6. Mr. Abdur Rob Chowdhury, the learned Counsel appearing for the ..Category: Election Law | Date: | Hits: 108
Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)
....ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ....... 26 of 1994 discharging the rule and affirming the order dated 29-9-1994 passed in Industrial Relations Case No. 59 (ka) of 1989 by the Labour Court, Dhaka (respondent No.1) allowing the application of Md. Fazlul Hoque (respondent No. 2) under section 34 of the industrial Relations Ord..Category: Employment/Service Law | Date: | Hits: 55
Kanai Lal Roy Vs. Swaraswati Roy, 2006, 35 CLC (AD)
....on set aside the judgment and order of the High Court Division passed in First Appeal (Probate) No. 146 of 1996 and thereupon sent back the case to the 'original court' "For hearing the same afresh in accordance with law by giving opportunity to the concerned party to produce the will ...... Court Division allowed the First Appeal on compromise. The appellant filed an application before the said Division for vacating the order allowing the appeal alleging fraud in submitting the application for compromise through the learned Advocate other than the learned Advocate engage..Category: Property Law | Date: | Hits: 62
Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
....fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......er @ Naimuddin Sarder Vs. Md. Abdul Kalam Biswas and another reported in 39 DLR (AD) 237. In the background of the facts of the case the principle laid down in the aforesaid cases has no manner of application since plaintiffs by oral as well as documentary evidence established their ca..Category: Property Law | Date: | Hits: 23
Shamsul Huq Sarker Vs. Enamul Huq Sarker and ors., 2006, 35 CLC (AD)
....on decided the case correctly and no interference is called for. In the premises we do not find any substance in this appeal. The appeal is, therefore, dismissed. Ed. ......lt and on the aforesaid adjourned date i.e. 18.11.1991 also the appellant did not appear and hence the learned District Judge dismissed the appeal for default. The appellant without filing any application under order 41 Rule 19 of the Code of Civil Procedure seeking readmission of the appeal..Category: Procedural Law | Date: | Hits: 70
Mainul Islam Vs. State and others, 2006, 35 CLC (AD)
....e find that the submissions made on behalf of the petitioner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ......the learned Magistrate and the learned Sessions Judge after hearing the parties directed further investigation and being aggrieved the accused respondent Ali Asgar Bepari preferred revisional application before the High court Division which was rejected and he unsuccessfully moved the ..Category: Criminal Law | Date: | Hits: 41
Shahabuddin Vs. State, 2006, 35 CLC (AD)
.... commit any illegality in rejecting the application filed under Section 561A of the code of Criminal procedure. There is no substance in this petition and hence it is dismissed. Ed. ......er Shahabuddin seeks leave to appeal by this petition against the judgment and order dated 28.10.2003 passed by the High Court Division in Criminal Miscellaneous Case No.12022 of 2003 rejecting the application of the petitioner filed under Section 561A of the Code of Criminal Procedure. 2...Category: Criminal Law | Date: | Hits: 45
Habibur Rahman alias Habu and others Vs. State, 2006, 35 CLC (AD)
....June 1998 allowed the revisional application making the rule absolute and set aside the judgment and order dated 30th April 1985 of the Sessions Judge and the case was sent back for deciding afresh. 3. The case thereafter being received back by the Sessions Judge, Kishoreganj he hear......sion No.77 of 1987 against the aforesaid judgment and order of conviction passed by the Sessions Judge. The High Court Division by judgment and order dated 17 June 1998 allowed the revisional application making the rule absolute and set aside the judgment and order dated 30th April 1985 of ..Category: Criminal Law | Date: | Hits: 31
BUET Vs. Dr. Nizamuddin & others, 2006, 35 CLC (AD)
.... a disputed question of fact it cannot be considered in a writ petition. For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ......ee of Master in Urban and Regional Planning (MURP) and she also did not submit equivalence certificate in respect of her foreign degree as par requirement of advertisement and as such her application ought to have been rejected outright. The Equivalence Committee of Academic Council of ..Category: Employment/Service Law | Date: | Hits: 87
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