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Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
....our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ......ment dated August 27, 1996 of the High Court Division in First Appeal No. 211 of 1996 allowing the same. The appeal was filed, against the order dated November 5, 1995 of the 5th Court of Subordinate Judge (now Joint District Judge), Dhaka in Title Suit No. 135 of 1995 allowing the application filed..Category: Civil Law | Date: | Hits: 130
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
....ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ...... the Rule which was issued upon a revisional application, filed by the plaintiffs against the judgment and decree dated 10-11-1997 passed in Title Appeal No, 187 of 1994 by the learned Subordinate Judge, 2nd Court, Dhaka, who affirmed the judgment and decree dated 10-5-1994 passed by the learned..Category: Property Law | Date: | Hits: 54
Messres MS Jafar Vs. Subordinate Judge, 3rd Court, Dacca & others, 1980, 9 CLC (AD)
....point of view we do not find any substance in this point. This appeal and the petition for special leave are dismissed but we make no order as to costs. Ed. This Case is also Reported in: ......ivil) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Messers MS Jafar...................................................... Appellant Vs. Subordinate Judge, 3rd Court, Dacca & others ……………..Respondents Judgment July 28, 1980. ..Category: Others | Date: | Hits: 106
Amar Chandra Saha Vs. Ajit Kumar Das, 1981, 10 CLC (AD)
.... mere fact of payment of rent by the Tenant. We, therefore, find no reason to interfere with the decision of the High Court. The appeal is dismissed with no order as to costs. Ed. ......dgment: Kemaluddin Hossain J.- This is an appeal on special leave from the decision of a Single Judge of the Dhaka High Court allowing a revision under Small Cause Courts Act and directing a suit..Category: Property Law | Date: | Hits: 44
Udaypur Halima Darul Ulum Madrasha and others Vs. Bangladesh, 1981, 10 CLC (AD)
....ust succeed. Therefore, the appeal is allowed and the order of the High Court Division is set aside. Let the Government proceed in accordance with law. We make no order as to costs. Ed. ......shy;vious year. It was contended by the appellant that the application for lease for the year 1380 B.S. was rejected on an erroneous view of the relevant provisions of the statute. The learned Judge of the High Court Division refused to grant relief in the Writ petition on the view..Category: Property Law | Date: | Hits: 93
People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)
.... of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ......(d). Judgment: K. Hossain CJ.- In this appeal the question is whether the learned Single Judge of the High Court Division was well founded in law in holding that an amendment of a pla..Category: Property Law | Date: | Hits: 44
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....is is a question of fact and hardly arises in this appeal by speÂcial leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ...... law but of considerable public importance; that the special rule of onus to prove validity of a document executed by a pardanashin and illiterate lady being the recipient thereof, the learned Single Judge was correct in not applyÂing the rule to the facts of the case; and whether the rule has been..Category: Property Law | Date: | Hits: 53
Government of Bangladesh Vs. Md. Abdus Subhan &. others, 1979, 8 CLC (AD)
....n of P.O. 16 of 1972 is illegal and as such the provision of M.L.R. VII 1977 has no application. The petition is therefore dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 255....... the Sub-divisional OffiÂcer Sadar (South) Dacca. 3. The respondents having failed to get any relief from the Government filed the writ petition which was contested by the petitioner. The learned Judge of the High Court Division directed to release the premises in question from the list of Aband..Category: Property Law | Date: | Hits: 67
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....oned in the original comÂplaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ......ected. Court will take cognizance agaÂinst accused persons who are sent for trial only by the I-O. An application under Section 436 of the Code of Criminal Procedure was filed before the Sessions Judge, Barisal and the learned Additional Sessions Judge rejected the petition by holding that the p..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ......on erred in holding that the word 'transÂfer" in section 95 of the East Bengal State Acquisition & Tenancy Act must be consÂtrued as meaning a transfer by mortgage. It is contended that the learned Judges of the High Court Division committed subsÂtantial error of law in adding words into the Stat..Category: Property Law | Date: | Hits: 85
Belayet Hossain and another Vs. Md. Abu Taher and others, 1980, 9 CLC (AD)
....side and the case is remitted back to the High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 231. ......ted 21-11-78 passed by the High Court Division in Civil ReviÂsion Case No. 1163 of 1975.) Judgment: Kemaluddin Hossain CJ.—In this appeal the question involved is whether the learned Single Judge was justified in taking a view contrary to the current of decision standing stare decisis on t..Category: Property Law | Date: | Hits: 55
Wahid Ali and ors Vs. State, 1980, 9 CLC (AD)
....e the orders of the High Court and that of the Sessions Judge and direct that the proceeÂdings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ......he Code of Criminal Procedure, 1898 (Act V of 1898), Section 435 While exercising Revisional jurisdiction in a case under sections 449, 307,380 and 324 of the Penal Code, the District and Sessions Judge upon a Petition under section 27 of the Special Powers Act in that case cannot convert himself..Category: Criminal Law | Date: | Hits: 33
M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
.... allÂowed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ......unsif by his order dated 1.8.79 directed the parties to maintain status quo. As against the order an appeal being Misc. Appeal No 366 of 1979 was filed before the district judge. The learned District Judge by his order dated 21.9.79 stayed the operation of the ad interim order of the learned Munsif ..Category: Others | Date: | Hits: 94
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ......J Ruhul Islam, J Badrul Haider Chowdhury, J Shahabuddin Ahmed, J Nasiruddin …....Appellant Vs. Government of the People's Republic of Bangladesh & ors………….Respondent. Judgement April 14, 1980. The Bangladesh Abandoned Property (ConÂtrol, Management and Disposa..Category: Constitutional Law | Date: | Hits: 157
Sayed Ali Vs. Sree Gopal Chandra Das and others, 1980, 9 CLC (AD)
....ithout any order as to costs and remit the case to the Court of first instance to dispose of the matter in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 212. ......the suit premises,, but it was disallowed on the ground that the Court of Small Causes was not authorised in law to exercise jurisdiction under section 144 of the Code. On revision the learned Single Judge held that the application under section 144 was misconceived and incompetent and so dismissed ..Category: Procedural Law | Date: | Hits: 96
Afzal Khan Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other , 1980, 9 CLC (AD)
.... the ballot papers of the 14 polling stations and this and this cannot be termed as adopting double" standard. 10. As has been noticed, Abdul Jalil, ResÂpondent No. 2 was declared, elected by the Presiding Officer by a margin of 61 votes. Rule, 37(4) of the Pourashava Election Rules, 1977 provid...... purpose of doing complete justice in the matter. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 186 ..Category: Election Law | Date: | Hits: 136
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....of the Constitution. In the result the appeal is allowed, the impugned proceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ......t complaint and issued process against the accusÂed under Section 167(81) of the Sea Customs Act. The appellant challenged this subsequent prosecution by a revisional application before the Sessions Judge taking the plea that he was already tried for and was acquitted of the same offence and the Se..Category: Criminal Law | Date: | Hits: 42
Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
.... we set aside the decision of the High Court Division and restore that of the trial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. ...... a defaulter. The second ResÂpondent was in possession as the brother of Suresh but not as a tenant. He, therefore, decreed the suit for ejectment. On revision by the Respondents, the learned Single Judge of the High Court Division reversed the findÂings of the trial Court, and held that the tenaÂ..Category: Tenancy Law | Date: | Hits: 67
Abul Khair Mia Vs. Abdul Latif Sardar, 1980, 9 CLC (AD)
....965 (S.C.), 671 and Saifur Rahman vs. Haider Shah, 19 DLR (SC), 433. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 167 ......st the judgÂment and order passed by the High Court DiviÂsion in Civil Revision Case No. 767 of 1974. 2. Plaintiff appellant instituted Title Suit No. 3 of 1966 in the 3rd Court of SubordiÂnate Judge, Dacca against the respondents for ejectment after termination of tenancy under section 109 of..Category: Property Law | Date: | Hits: 69
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
....y order as to costs. ORDER OF THE COURT According to the majority view the appÂeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ......t it was disÂmissed on the ground of limitation. So, leave was granted to consider the three questions set out above. 5. Learned and lengthy arguments have been advanced from the Bar. The learned Judges of the High Court were not nanimous in their opinion and three learned Judges have given sepa..Category: Trust/Waqf Law | Date: | Hits: 239
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