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Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
....ivision is set aside and the suit is dismissed. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 130 ......espondents against the security money deposited by them as no proceeding was taken under section 14 of the Premises Rent Control Ordinance within six months before the House Rent Controller. As no application under section 14 of the Ordinance was made praying for adjustment against the security ..Category: Property Law | Date: | Hits: 56
Abdul Wadud Contractor and another Vs. Nazir Ahmed and others, 1996, 25 CLC (AD)
.... that prayer for the proposed amendment of the plaint. The appeal is, therefore, dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 120 ......pholding the judgment and order dated 26-1-1985 passed by the learned subordinate judge, Second; Court, Chittagong in Title Suit No. 10 of 1976 renumbered as Title Suit No. 84 of 1984 rejecting the application for amendment of the plaint. 2. The appellants instituted the aforesaid suit fo..Category: Property Law | Date: | Hits: 52
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
....f legal acumen and hence the same is set aside. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 134 ......nd as incorporated in the agreement dated 21.8.94, i.e. on every Monday, Tuesday and Thursday from 10-00 AM to 1-00 PM at least.” After filing of the suit the plaintiff filed an application on 31.10.94 under Order 39 rules 1 and 2 of the Code of Civil Procedure for temporary m..Category: Family Law | Date: | Hits: 162
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....emaining unchanged. In the result the appeal is allowed in part. No Costs. The trial Court’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ......cation of the accrued rights. The question for limitation, according to Hedaya, quoted earlier, was not relevant at all upon tiling of cases before the under the Ordinance of 1961 in filing petitions/applications under section 6 (polygamy) section 7 (talaq) or section 9 (maintenance). The parties ob..Category: Family Law | Date: | Hits: 198
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
....lowest. But due to paucity of fund the then Chief Engineer Mohammad Au (respondent) suggested for reducing certain items to be purchased along with the pumps and asked the aforesaid tenderers to give fresh estimate in pursuance of which M/s Iqbal Engineering Works gave an estimate for supplying West...... option of finally accepting the goods and made only a part payment of Taka 9,20,000.00 which is the basis of the charge of cheating. In our opinion, in the facts of the case, illustration (h) has no application. 28. It was specifically alleged in the charge that respondent Iqbal Hossain was req..Category: Anti-Corruption Laws | Date: | Hits: 92
Abdur Rashid Sarker Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
....ed when Martial Law was in force. Hence there is no illegality in the impugned judgment. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 99 ......petition has been rightly rejected after due consideration of all the material facts. 4. Mr. Md. Nawab Ali, learned Advocate- On-Record appearing for the petitioner, submits that the review application having been disposed of after lifting of the Martial Law the same should have been take..Category: Administrative Law | Date: | Hits: 107
AGM, GM Office, Postal Life Insurance Dhaka and another Vs. Sheikh Mizanur Rahman, 1996, 25 CLC (AD)
....udgment and order of the Administrative Tribunal is restored. The appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 97 ......rvant is placed under suspension whichever is earlier. As the appellant was furnished with the charge and suspended long before the Rule of 1984 came into force, Rule 7(11) thereof has no manner of application in a pending proceeding under the Rules of 1976. 5. The Administrative Appellat..Category: Administrative Law | Date: | Hits: 122
Tafazal Ahmed Contractor Vs. Abdur Rahim and others, 1996, 25 CLC (AD)
....nd relinquished her right of redemption as per mortgage deed and the High Court Division itself having not considered the case of the respective parties and the evidence on record in this matter, the fresh finding of fact by the High Court Division is based on no evidence and it is even beyond the p......rred in law in affirming the judgment and decree of the lower appellate Court. In the result, the appeal is dismissed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 94. ..Category: Property Law | Date: | Hits: 63
Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)
....ndent after purchasing the suit-building served notice upon the appellant on 11.11.1985 informing it about the respondent’s purchase of the suit building and further calling upon it to enter into a fresh agreement. The appellant paid rent to the respondent for the months of November and December 1......, therefore, the appeal is allowed without any order as to cost and the impugned judgment and order are set aside. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 141, 48 DLR (AD) (1996) 90 ..Category: Tenancy Law | Date: | Hits: 82
Shamsul Islam & others Vs. Badiar Zaman alias Bablu and another, 1996, 25 CLC (AD)
....s of consanguinity from the donor. Hence the contention of Mr. Fazlul Karim cannot be accepted. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 88 ...... Additional District Judge, Jhenidah, by his Judgment and order dated January 31, 1993 in Miscellaneous Appeal No. 33 of 1986 affirming those passed by the Assistant Judge, Shailakupa rejecting an application for pre-emption under section 96 of the State Acquisition and Tenancy Act, 1950. ..Category: Property Law | Date: | Hits: 56
Syed Mohammad Hashem alias Hashim Vs. State, 1996, 25 CLC (AD)
....se. Since we are satisfied that no interference is called for on the merit of the case, the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 87 ...... the accused-petitioner is from judgment and order dated 5 April, 1995 passed by a Division Bench of the High Court Division in Criminal Revision No. 717 of 1991 discharging the Rule obtained on an application under section 561A of the Code of Criminal Procedure for quashing of the proceeding in ..Category: Criminal Law | Date: | Hits: 71
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
....ss of Ext. A was not considered to determine whether it was subsequently created. Ext. A was not considered in juxtaposition with Ext. A(1), also signed by deceased Tofayel Ahmed on 16-11-86 on a fresh letterhead which was in use by the company in the eighties. The learned Company Judge did not......ecision of a Single Company Judge under section 38 of the Companies Act, 1913 (rectification of share register) is appealable to a Division Bench of the High Court Division. The appellants filed an application under section 38 of the Companies Act for rectification of share register which was all..Category: Business or Commercial Law | Date: | Hits: 118
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
....ve to Appeal No. 431 of 1992 filed by the respondent which is also barred by 353 days is disposed of. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 152, 48 DLR (AD) (1996) 75 ...... upon them. 17. The writ-petitioner opposed the prayer for review raising several objections. The High Court Division, by the impugned Judgment and order dated 12 November 1990, rejected the application for review on the ground, first, that the delay in filing the application for review ha..Category: Constitutional Law | Date: | Hits: 174
Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)
....to reconsider only the last part of its order as to the Gradation List of 1989 after giving an opportunity to the appellant to file a written statement and hearing respondent No. 1 and the appellant afresh. The other parts of the Tribunal’s order will remain and not be reopened. Ed. This C......sentation for restoration of his position and seniority which was rejected on 30-6-90. Thereafter he instituted this case on 29-12-90. 4. The Secretary, Ministry of Foreign Affairs, contested the application before the Administrative Tribunal by filing a written statement denying therein all the..Category: Administrative Law | Date: | Hits: 167
Muzaffar Hossain Vs. Md. Humayun Kabir and others , 1996, 25 CLC (AD)
....d Judge rightly set aside the judgment and order of the Election Appellate Tribunal. The petition is, therefore dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 59 ......on that admittedly no written prayer was made before the Presiding Officer for recounting of the ballot papers on the allegation of any malpractice. The High Court Division also noticed that in the application dated February 4, 1992 filed by the petitioner before the Returning Officer no objecti..Category: Others | Date: | Hits: 98
Yusuf A Hassan Vs. KM Rezaul Firdous, 1996, 25 CLC (AD)
....of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ......riminal case subject to Government sanction for prosecution against the appellant. In its present form the complainant-respondent is not entitled to get the relief prayed for. Hence the revisional application was dismissed. 6. The respondent then preferred Criminal Miscellaneous Case No. ..Category: Criminal Law | Date: | Hits: 60
Khalequzzaman (Md) Vs. Md. Illias and others , 1996, 25 CLC (AD)
....le of adjudication ‘hear the order side’. The appeal is allowed and the impugned order, transfer is set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 52 ......s started and the Police submitted charge sheet against the respondent on a December 1993 under Section 341/325/427/109 of the Penal Code, Respondents No.1 to 3 filed in the High Court Division an application under section 526 of the Code of Criminal Procedure for transferring the case from the ..Category: Criminal Law | Date: | Hits: 63
W B Industrial Corporation Ltd. and others Vs. Deen Mohammad Rana and another, 1996, 25 CLC (AD)
.... place it before us. They have failed to assail the above findings of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ......ellaneous Case No. 91 of 1991 or, in the alternative, for analogous hearing of the suit with the Miscellaneous Case. 3. On 8 March 1993 Respondent No. 1 defendant No. 2 in the suit, filed an application for the rejection of the plaint on the ground that the suit is barred under Article 34(..Category: Business or Commercial Law | Date: | Hits: 107
A K Mohammad Idris Vs. Bangladesh Krishi Bank and Others, 1996, 25 CLC (AD)
....e Appellate Tribunal are set aside and those of the Administrative Tribunal are restored. The appeal is allowed with cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 48 ......e pension entitlement and that the advance could be adjusted later at the time of final decision as to pension. The Bank by its before letter dated 8th September 1987 rejected the appellant’s application stating that there was no provision for paying advance payment against the gratuity ben..Category: Employment/Service Law | Date: | Hits: 150
Moudud Ahmed Vs. State, 1996, 25 CLC (AD)
....ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ...... the existing materials on record, taking into account the defences that the petitioner might offer at the trial. Whatever be the merit of this exercise, is certainly not the method of disposal of an application under section 561A Cr.P.C. While disposing of an application under section 561A Cr.P.C. ..Category: Anti-Corruption Laws | Date: | Hits: 105
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