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Abdul Motaleb and others Vs. Shahed Ali and others, 1995, 24 CLC (AD)
.... for the petitioners, could not show any error of law in passing the impugned order. 4. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 09 ......bsp; Latifur Rahman J: In Title Execution Case No. 11 of 1993 of the Court of Subordinate Judge, Narayanganj, Defendant Nos. 2‑6 filed an application under section 152 of the Code of Civil Procedure for amendment of the final decree pass..Category: Property Law | Date: | Hits: 64
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ......udge, Cox's Bazar in Miscellaneous Appeal Nos. I and 2 of 1991 affirming those dated 29.11.90 passed by the learned Assistant Judge, Chakaria, Cox's Bazar in Other Suit No. 133 of 1990 allowing an application for both temporary and mandatory injunctions. 2. Plaintiff‑respondent No. ..Category: Civil Law | Date: | Hits: 106
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ......he defence services of Bangladesh or any disciplined force or a tribunal to which Article 117 applies. The appellant did not challenge any order of military court or tribunal, and, hence, his writ application could not be held to be not maintainable under clause (5) of Article 102. After saying ..Category: Constitutional Law | Date: | Hits: 203
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
....pointed out that summons and notices were not served upon defendant No.5 Khalequzzaman who was in Dhaka Central Jail at the relevant time. The appellant filed an application praying for issuance of a fresh summons upon defendant No.5. All the defendants are members of the same family and there is a ...... of argument the defendants’ lawyer pointed out that summons and notices were not served upon defendant No.5 Khalequzzaman who was in Dhaka Central Jail at the relevant time. The appellant filed an application praying for issuance of a fresh summons upon defendant No.5. All the defendants are memb..Category: Property Law | Date: | Hits: 59
Rahela Khatun Vs. Abul Hassan and others, 1996, 25 CLC (AD)
....sdiction under section 561 A Cr.P.C. For all the above reasons the appeal is allowed. The impugned judgment and order are set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ......90. Both criminal revision cases were heard and disposed of together by a common judgment by the High Division. 7. In the High Court Division the case rested on Annexures-A and B to the revisional applications and on nothing else. 8. Annexure-A shows that the appellant filed a petition to the ..Category: Criminal Law | Date: | Hits: 85
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
....der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ...... defendant was a defaulter in payment of rent in respect of the suit premises. The suit was accordingly, decreed in favour of the plaintiff. 6. Being aggrieved the defendant preferred a revisional application under section 25 of the Small Cause Court Act being Civil Revision No. 295 of 1985 in Ra..Category: Tenancy Law | Date: | Hits: 87
Bangladesh Shipping Corporation and other Vs. Rakibuddin Ahmed and others, 1996, 25 CLC (AD)
.... Civil Petition No. 39 of 1994 at the instance of the Government is dismissed as time-barred. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 283, 48 DLR (AD) (1996) 203 ...... District Judge, First Court, who upheld the decision of the trial Court, by the judgment and decree dated February 17, 1991. 7. The unsuccessful defendant thereafter preferred a revisional application, being Civil Revision No.1380 of 1991, before a Division Bench of the High Court Divisi..Category: Employment/Service Law | Date: | Hits: 77
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
.... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ......orney-General argued that the principle of acquiring vested right was not applicable in the facts of the present cases, we do not think that the difference in facts would make any difference in the application of the principle which is based on interpretation of sections 19 and 30 of the Customs ..Category: Business or Commercial Law | Date: | Hits: 126
Delwar Hossain Khan (Md) Vs. Dhaka Club Limited and another, 1996, 25 CLC (AD)
....cept observing any direction that may be contained therein. With the above observations the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 198 ...... with effect from 26-8-95 is illegal, unlawful, without any lawful authority and, as such, is of no legal effect and not binding upon the plaintiff being void and malafide. The petitioner filed an application for injunction restraining the defendants from giving effect to the order of suspension..Category: Property Law | Date: | Hits: 65
BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)
....sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ......nsidered to be their anti-nationalistic and communalistic outlook and for encouraging hooliganism, moral degeneration and wide-spread intrigue, etc. It was argued on behalf of the petitioner in an application under Article 226 of the Indian Constitution that the petitioner’s right to freed..Category: Intellectual Property Law | Date: | Hits: 279
Arabinda Sarker Vs. Bimalendu Bhowmik and others, 1996, 25 CLC (AD)
....sion dismissed the appeal only on the ground of locus standi without entering into the merit of the case. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 182 ......ker died leaving behind his son Subodh Ranjan Sarker and in presence of the testator’s son the petitioner could not claim any interest in the property left by Shashi Kanta Sarker and disallowed the application of the petitioner holding that the objector has no locus standi to file the petition of ..Category: Others | Date: | Hits: 99
Abdus Satter (Md) Vs. Bangladesh and others, 1996, 25 CLC (AD)
....its leaning on the north-western side. The appellant showed cause within 24 hours on 22-12-94 (Annexure E) stating that he kept the required spaces at the time of construction in 1986 but owing to fresh measurement for settling boundaries with neighbouring people the required spaces were shorten......ave been passed without lawful authority and of no legal effect. The appeal is allowed without costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 64, 48 DLR (AD) (1996) 180 ..Category: Business or Commercial Law | Date: | Hits: 136
Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)
.... the fact of the earlier suit of the plaintiffs, Title Suit No.36 of 1968, it has been observed in the impugned judgment: “The main issue in this suit, therefore, is whether in the absence of a fresh notice under section 5(1a) following the decree in T.S. 36/68, the impugned acquisition could ......a rehearing of the matter. If a case is permitted on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178...Category: Property Law | Date: | Hits: 80
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
.... female quota, e were duly observed. In view of the reorganization of Additional Benches the work of these Benches has to be started immediately and it will take time to observe the formalities of fresh appointment all over again. No formalities will be needed if the retrenched employees are emp......employees without giving them the benefit of absorption under the Ordinance. The writ petitioners to their consternation found an advertisement (Annexure H) in a daily newspaper on 251292 inviting applications for appointment to the six permanent Benches of Taxes Appellate Tribunals at Dhaka. Ch..Category: Constitutional Law | Date: | Hits: 161
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
....ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ...... ATM Afzal CJ.- This appeal by leave by the complainant petitioner is from an order dated 14 November, 1995 passed by a Division Bench of the High Court Division summarily rejecting the revisional application, Criminal Revision No. 1335 of 1995, filed by the appellant under section 10(1A) of the ..Category: Anti-Corruption Laws | Date: | Hits: 92
Akhtar Banu Vs. Habibunnessa and others, 1996, 25 CLC (AD)
....eased party in a suit, if brought on record by substitution in any ancillary or related proceeding arising out of the suit, the substitution of the party will hold good for the suit as well and no fresh application to bring the legal representative of the deceased party on the record of the suit...... the disposal of the leave petitions the record of the case was received by the learned Subordinate Judge on 6-12-83 and on the same day the heirs of the plaintiff (the present appellants) filed an application for substituting them in place of the plaintiff who had died on 20-9-83. The appellants..Category: Property Law | Date: | Hits: 70
Abdul Mazid Howlader & another Vs. Lahajuddin Howlader & others, 1996, 25 CLC (AD)
....pplication for pre-emption is disallowed. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 302, 48 DLR (AD) (1996) 160 ......udge, Barisal passed in Miscellaneous Appeal No.57 of 1986 on 28-6-93, which in turn set aside the judgment and order of the Munsif, Bakerganj in Miscellaneous Case No. 226 of 1984, disallowing an application for pre-emption under section 96 of the Estate Acquisition and Tenancy Act on 11-4-85. ..Category: Property Law | Date: | Hits: 60
Wazed Ali Sardar (Md) Vs. Md. Afsaruddin Sardar and others, 1996, 25 CLC (AD)
....igh Court Division is liable to be set aside. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 159 ....... 1, could not furnish any satisfactory explanation as to non-mentioning of the summons upon the appellant in the firisti filed in the suit. (as per report of the Bench Assistant). 10. In an application under Order IX, rule 13 of the Code of Civil Procedure praying for setting aside the e..Category: Procedural Law | Date: | Hits: 133
Jahangir Kabir (Md) Vs. BD, represented by The Secretary, Ministry of Home Affair, 1996, 25 CLC (AD)
....ed on his prayer. The present case before us is just the reverse. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 156 ......t, he did not pass the BA Examination. The appellant submitted written statement on February 4, 1986 denying do allegations and stating that he did not himself write his qualification as BA in the application for service nor in his annual confidential report which were done by others. The afores..Category: Administrative Law | Date: | Hits: 138
ADC (Revenue), Pabna Vs. Md. Abdul Halim Mia, 1996, 25 CLC (AD)
....s 5 and 6 of the Limitation Act. 6. The High Court Division in revision refused to interfere in the matter after holding that “since disability of the decree-holder continued with the fresh execution proceeding started by decree-holder’s son Abdul Mannan the finding of the Cou......holder’s son Abdul Mannan the finding of the Courts below regarding condonation of delay cannot be questioned” and that “section 48 of the Code of Civil Procedure has no manner of application in this case” and that “OC Execution Case No.5 of 1977 though filed after e..Category: Civil Law | Date: | Hits: 133
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