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AFM Safiyyullah Vs. AKM Bashirullah alias Mortuza Bashir and others, 1992, 21 CLC (HCD)
....ged and the order of the stay granted by this court of 14.6.90 is also hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 146. ......o a Hindu family and the terms of the compromise were reduced to writing on a stamp paper. It was held therein that "a compromise of a partition suit is not necessarily ineffectual because every party to the action does not join in it. It is undoubtedly true that in some cases there may not be ..Category: Civil Law | Date: 7 Jul, 1992 | Hits: 1
....ointed out that the Extra‑Muharrars who will be affected by the order sought by the petitioners have also not been made parties in the writ application and therefore the writ application is bad for defect of parties. Mr. Abul Quashem, the learned Advocate for the petitioners, on the other hand, ar......of the case we hold that the Rule cannot be sustained.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 46.
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Category: Constitutional Law, Employment/Service Law | Date: 30 Jun, 1992 | Hits: 8
....in Title Suit No. 10 of 1980 is set aside and the suit is dismissed.
Send down the lower court records at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 294
......provision for the statutory notice before the institution of the suit becomes redundant and there could in no case be any necessity for service of any prior notice. After the decision of the suit one party must win and the other must lose and the statutory provision had not been made dependent upon ..
Category: Administrative Law | Date: 23 Jun, 1992 | Hits: 1
Ataur Rahman Vs. Bangladesh & others, 1992, 21 CLC (HCD)
....y and of law (1892) 2 QB 147. We find no substance in this application which is summarily rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 307 ...... Bangladesh & others.............Respondents Judgment May 25, 1992. Result: The application is rejected. When a waiver arises— A waiver would arise when one party by his conduct leads another to believe that the strict rights arising under the contract will..Category: Administrative Law | Date: 25 May, 1992 | Hits: 2
State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)
....if there is sufficient and good evidence to show that the transaction was one and the same, then the mere absence of certain links in the accusation will not make the trial illegal. If at all it is a defect, the same is curable under section 537 Cr.P.C. 33. For the reasons stated above, it must......tered into it, that Gous Mia dealt a dagger blow in the lower abdomen of ASI Harunur Rashid and he fell down, that in the scuffle between the persons assembled in the house for dacoity and the police party both sides got injuries, that local people came to the help of the Police upon hearing that th..Category: Criminal Law | Date: 14 May, 1992 | Hits: 73
Bengal Metro Engineering Co. and others Vs. Agrani Bank, 1992, 21 CLC (HCD)
....it is almost ready for hearing, if that be so, let the suit be disposed of as expeditiously as possible. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 168 ......989 in respect of an application for permission for sale of the pledged goods during the pendency of the suit. 2. Short facts giving rise to this Rule may be stated as follows: The opposite party Bank as plaintiff instituted the above suit in the aforesaid Court against the defendant petit..Category: Contract Law | Date: 5 May, 1992 | Hits: 2
Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)
....the plaintiffs against him and others. The petitioner as defendant No.1 filed a written statement to contest the suit contending, inter alia, that the suit is not maintainable and the same is bad for defect of parties and also barred by limitation apart from denying all other material allegations ma......nd the evidence on record and the relevant provisions of law came to the finding that the vendor pro‑defendant No.3 has had no right to transfer his above conditional right of repurchase to any 3rd party, here the plaintiffs, who are outsiders and not privies to the ekrarnama. So, the transfer of ..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
....l effect and further declare that the impugned notice Annexure G is also without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 59.
......graph 5 of the Enemy Property (Lands and Buildings) Administration and Disposal Order, 1966," It was correctly observed by Chief Justice Siddiky (Abdul Hakim, J agreeing), who was incidentally a party to the judgment under appeal, on construing the provision of Rule 192 of the Defence of Pakist..
Category: Property Law | Date: 22 Apr, 1992 | Hits: 4
....nnexure‑I to the Writ Petition is declared to have been made without any lawful authority.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 294
......l Huq has referred to an unreported decision made in Writ Petition Nos. 342 and 894 of 1989 heard together in support of his contention wherein a Division Bench of this Court in which one of us was a party held section 86 does not in any way confer any power upon the Registrar to decide any matter r..
Category: Constitutional Law | Date: 12 Mar, 1992 | Hits: 2
Younus Chokdar Vs. Election Commission and others, 1992, 21 CLC (HCD)
....asan, Upazila Shibchar, District Madaripur by post for information and necessary action as he thinks fit and proper. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 395 ...... it was observed: "Where the statute creates liability not existing at common law, and gives also a particular remedy for enforcing it....................................................the party must adopt the form of remedy given by the statute.” Elections for Union Parishad are go..Category: Administrative Law, Election Law | Date: 27 Feb, 1992 | Hits: 2
Sri Kirtish Chandra Dev Vs. Begum Sufia Akhtar and Others, 1992, 21 CLC (HCD)
.... be transmitted to the court below at once. The order of stay is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 313 ......rst Court, Comilla in Title Suit No.183 of 1991 allowing the plaintiff's prayer for amendment of the plaint. 2. The shorts facts for disposal of the Rule are as follows ‑ The opposite party No. 1 as plaintiff instituted Title Suit No. 183 of 1981 in the Court of the Subordinate Judge..Category: Civil Law, Procedural Law | Date: 5 Feb, 1992 | Hits: 1
....erms of the lease deed.
Let a copy of this order be sent to respondent Nos. 1, 3 and 5 immediately.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 403
......een passed without any lawful authority and to be of no legal effect.
2. Khaliajuri Thana Central Fishermen's Co‑operative Society Ltd. filed an application on 7.7.91, for being added as a party on the ground that the said society also applied to the Government by application dated 18.5.9..
Category: Property Law | Date: 15 Jan, 1992 | Hits: 3
....als and as such the decision does not call for any interference by this court.
In the result, the Rule stands discharged.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 143.
......t be declared to have been passed without any legal authority and is of no legal effect.
2. Facts giving rise to this Rule Nisi briefly be put thus:
Sekendar Ali Howladar, figuring as a 1st party, riled a case under section 34 IRO 1969 with a prayer for direction to the 2nd party petitione..
Category: Employment/Service Law | Date: 12 Jan, 1992 | Hits: 6
Sonwar (Md.) Vs. Kamal Kha, 1992, 21 CLC (HCD)
....te parties without costs. The petitioner does get khas possession of the suit premises by evicting the opposite party therefrom. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 346 ......ion No. 1228 of 1990. Judgment Mohammad Badruzzaman J. — This Rule was issued, on an application under section 25 of Small Causes Courts Act, 1887, calling upon the defendant opposite party to show cause as to why the impugned judgment and decree dated 29.5.90 passed by the Subordina..Category: Property Law, Tenancy Law | Date: 6 Jan, 1992 | Hits: 3
Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)
....e trial Court dismissing the suit is hereby restored. The rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 291. ......17, wherein it is observed, "we are constrained to hold that neither the vendee nor the pre‑emptor acquired any title in the land under the oral contract of sale, and since there is no writing by a party to evidence the contract, the principle of part performance as determined under the statute is..Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958
Tapash Nandi Vs. State and others, 1991, 20 CLC (HCD)
....ial continue and come to an end as would be desired by both the parties. Communicate this order to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 26. ......ed No.4 who is the father of the boy, namely accused No.3 finding that the girl had already been converted to Islam and the Doctor’s Certificate shows that the girl is major. On 2.4.90 the opposite party (State) filed an application being Criminal Miscellaneous Petition No.150/90 before the learne..Category: Women and Children | Date: 28 Mar, 1991 | Hits: 86
....ttlement in case No.1043 of 1987 as evidenced by Annexure I to the petition is declared to have been made without any lawful authority.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 5.
......nt has no jurisdiction to do so. He further submits that the Government is estopped from questioning the propriety of the decree and the document executed in execution thereof as the Government was a party to that suit and that the holding in question was never an abandoned property within the defin..
Category: Property Law | Date: 12 Mar, 1991 | Hits: 77
Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....the rule and we must not be understood to have expressed any opinion about the merit of the Criminal Proceeding sought to be quashed. Ed. This Case is also Reported in: 43 DLR (1991) 150. ......the rule and we must not be understood to have expressed any opinion about the merit of the Criminal Proceeding sought to be quashed. Ed. This Case is also Reported in: 43 DLR (1991) 150. ..Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92
Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)
.... stayed for 15 days from today. The Rule is accordingly discharged. Communicate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ......ocate ‑ For the State. Criminal Revision No.17 of 1990. Judgment ARM Amirul Islam Chowdhury J.- This Rule was issued calling upon the Deputy Commissioner, Moulvibazar and opposite party No.1 to show cause as to why the Judgment and order dated 2.5.89 passed by the Sessions Judge,..Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
.... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ......e parties, it would be binding except in cases of fraud, gross mistake on his part, as would imply an act of bad faith or failure to exercise an honest judgment on grounds of collusion with the other party or an act of misconduct AIR 1975 (Madhya Pradesh) 152. The parties would be bound by the ..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
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