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Md. Idrisur Rahman Vs. Syed Shahidur Rahman and others, 2005, 34 CLC (AD)
....stances and the materials on record in their entirety it cannot be said that there is total absence of material in support of the allegations nor can it be said that the allegations are without any basis. Therefore, in our opinion Mr. Justice Syed Shahidur Rahman should not continue as an Additio......4 passed by the High Court Division in Writ Petition No. 2454 of 2004 be stayed for 6(six) months. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Others | Date: | Hits: 97
Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)
....an issue against him. The trial Court on consideration of evidence adduced by both the parties found the plaintiffs to be in exclusive possession of separate and well demarcated shares, and on that basis, decreed the suit by a judgment dated 30 June 1979. This judgment was confirmed in appeal ...... Civil P.C. for punishment of defendant No. 1. Both the Miscellaneous cases were allowed and defendant No. 1 was held guilty and convicted and sentenced to civil imprisonment. Against this order of conviction in each case, defendant No. 1 preferred two appeals which were heard along with the appea..Category: Others | Date: | Hits: 106
Gopal Chandra Shah Vs. The Deputy Commissioner, Sunamganj & another, 1989, 18 CLC (AD)
....noted with appreciation that the Deputy Commissioner has indicated in his communication shown to us that "if the vendor comes up with proposal for khas land that may be made available to him on the basis of lease as per government rules." 14. It should not only be the concern of the Deputy Comm...... by the Deputy Controller by his order dated 26.2.85. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 60. ..Category: Others | Date: | Hits: 125
Shambhu Nath Saha Vs. Alfazuddin Ahmed & others, 1989, 18 CLC (AD)
....eries) of the plaintiffs. The learned Judge upon a consideration of the submissions found that the plaintiffs have acquired valid title to the suit premises from the heirs of Mr. Zakir Hossain on the basis of Ext. 4 series. The learned Judge further observed in his judgment that the findings of fact......re existed no relationship of landlord and tenant between the parties. The appeal is, accordingly, dismissed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 27..Category: Others | Date: | Hits: 96
Abdul Huque Vs. Mrs. Zainab Begum & ors, 1984, 13 CLC (AD)
.... matter has been transferred. In the result therefore this appeal is dismissed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 153. ......so prayed for attachment of their property. This petition was marked as Miscellaneous Case No. 9 of 1978. The learned Subordinate Judge 5th Court found the appellant guilty and recorded an order of conviction for disobedience of the order of the Court. The appellant contended before the High Cou..Category: Others | Date: | Hits: 93
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
.... to the control of Municipal Corporation. The Contractor is pressing hard for payment and for "duly obeying the order of the highest Court". Hence to "settle the matter on an urgent basis" the Additional Chief Engineer was requested to sanction the said amount. A copy of this...... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ..Category: Others | Date: | Hits: 88
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
....The Association, which were amended several times at the instance of the Government before the licence was granted. The chief business of the Association is weighment and measurement on all country basis, which is fully described this service being required essentially by the Steamers and Shippi...... any lawful authority. Ed. ..Category: Others | Date: | Hits: 110
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....nd no leave was granted on the issue. 4. As regards to the 'Kha' schedule lands all the three Courts below have non-suited the plaintiff on the ground that his claim to the land on the basis of the Kabala Ext. 3 e), and the power of attorney Ext. 4 on the basis of which the Kabala was......edule lands of the plaint. The parties will have opportunity to prove the power of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ..Category: Others | Date: | Hits: 128
Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)
.... Ex parte decree The plaint is no evidence for the proof of the plaintiff’s case. The plaintiff is not entitled to obtain ex parte decree without producing the relevant documents on the basis of which relief is sought for…………(16 and 18) Lawyer Involved: M. H. Khandakar, ......s remanded to the trial Court for disposal in accordance with law. In the circumstances of the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ..Category: Others | Date: | Hits: 103
Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)
....ily. He even denied that she had died as a result of any rash or negligent act of his servant, the defendant No. 2 herein. According to him the conviction of the defendant No. 2 was procured on the basis of a "confession procured by threats". He also claimed that the suit was not legally maintaina...... raise the same in the execution proceedings. As the question of law raised is one of first impression we make no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 49. ..Category: Others | Date: | Hits: 124
Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)
....t relating to the bid was asked for by the purchaser from the petitioner for assistance of the purchaser in the examination, evaluation or comparison of the bids, the Chittagong Port Authority on the basis of the unsolicited letter of the petitioner has sent for review of its earlier decision dated ......he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ..Category: Others | Date: | Hits: 130
Borhanuzzaman and others Vs. Ataur Rahman Chowdhury and others, 1994, 23 CLC (AD)
....on of the petitioner-respondents that a delegate cannot further delegate and the enquiry was respondent's readiness to provide copy the held by a person not authorised by law to hold the same. The basis of the allegations upon which the Managing Committee was dissolved is thus knocked out. ...... and circumstances of the case. We, therefore, find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 94 ..Category: Others | Date: | Hits: 89
Shamsuddin Ahmed, Advocate Vs. People's Republic of Bangladesh, 1992, 21 CLC (AD)
....te arose when he claimed that he was entitled to practise before the Appellate Division of the High Court of Bangladesh when it was constituted with effect from 3.8.1972, by PO No. 91 of 1972. The basis for such a dispute appears to be that though PO No. 5 of 1972 conferred right on the appellan...... Advocate of the Appellate Division of the Bangladesh High Court from 3.8.72 and of the Appellate Division of the Supreme Court from 16.12.72. The Appeal is allowed. No cost. Ed. ..Category: Others | Date: | Hits: 92
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
..... It is a registered document valued at Tk. 2000.00. Plaintiff No. 2, the promisor agreed to compensate plaintiff No. 1, the promisee, in case the latter suffers any loss, and held out that on the basis of the document plaintiff No. 2 shall have the right to get his name recorded and enjoy all o......ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ..Category: Others | Date: | Hits: 178
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....date the section came into operation. The heirs of the wakif in the aggregate will represent the wakf estate in their representative capacity but not in their personal capacity. Calculated on this basis, the wakf-al-al-aulad estate will retain as much as it will be possible to retain above 100 b......uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ..Category: Others | Date: | Hits: 142
Abu Taher Vs. Abdur Razzak and others, 1995, 24 CLC (AD)
....gment and order of the High Court Division. 2. Mr. Md. Fazlul Karim, learned Advocate for the petitioner, reiterated the submissions made before the High Court Division, namely, that on the basis of the petitioner's application dated 2.12.91 to the Manager, Kondapati Bazar Branch of the ......any illegality in upholding the judgment and order of the Election Appellate Tribunal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 160 ..Category: Others | Date: | Hits: 101
SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
....ector ordered that the contractor would be allowed payment at the rate of Rs. 3/-per sft. of Tarja matting as consolidated amount in respect of item Nos. 2 and 3. The plaintiff claimed that on the basis of this calculation he was entitled to a sum of Rs. 25,028/67 paisa on this account and claim......f the filing of the suit till the date of realisation. Fazle Munim J —I agree. Ed. ..Category: Others | Date: | Hits: 98
Star Alkaid Jute Mills Ltd. Vs. EPIWTA and others, 1972, 1 CLC (HCD)
....n referred to in the learned Magistrate's order obviously appears to be a concession made by the Company's learned Advocate which means that the parties before the learned Magistrate proceeded on the basis that the land in question fell within the port limits. 4. Be that as it may, no attempt has...... ACL For the foregoing reasons we find no merit in this rule, which is discharged with costs assessed at 5 (five) grams. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 1. ..Category: Others | Date: | Hits: 162
Habibul Islam Bhuiyan President Supreme Court Bar Association, 1999, 28 CLC (AD)
....had experience that unfortunately, L it is difficult to always rely upon newspaper reports in our country. In the instant case, the difficulty is no less but more because the reports were made on the basis of extempore remarks of the Prime Minister. We have been informed by the learned Attorney- Gen......ch have been alleged to be contumacious. For the reasons, however, the application is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 68. ..Category: Others | Date: | Hits: 99
Syed Jahangir Hossain Vs. Md. Moyenuddin and others, 2000, 29 CLC (AD)
....A (Honours, Examination and appearing in the Masters Examination in Economics for the year 1979 held in 1981 joined on 6-9-8 1 as lecturer in Economics in the Kalashkati Degree College on temporary basis on condition that his appointment would be confirmed after his passing the Masters Examinatio......de above we find no merit in this appeal. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 140. ..Category: Others | Date: | Hits: 84
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