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Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2006, 35 CLC (AD)
.... Artha Rin Adalat, Jessore for realization of Tk. 39,32,725.92/- (as on 24.6.1996) impleading as many as 7 defendants including the present Respondent Nos.l and 2 stating, inter alia, that on the prayer of the defendant Nos. 1 and 2 the Bank by its sanction letter dated 16.7.1995 allowed loan o......Procedure and thereupon striking out the 2. Facts, in short, are that appellant Bank has filed suit, Money Suit No. 7 of 1996, in the Court of Subordinate Judge and Artha Rin Adalat, Jessore for realization of Tk. 39,32,725.92/- (as on 24.6.1996) impleading as many as 7 defendants includin......has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..Category: Banking Law | Date: | Hits: 129
A. Motaleb Howlader Vs. State, 2006, 35 CLC (AD)
....ssions Judge, Patuakhali within 3 weeks in Criminal Miscellaneous Case No. 1173 of 2002 and therefore, the petitioner surrendered before the Sessions Judge on 12.02.2002 and prayed for bail but the prayer was rejected and thereafter he filed Criminal Miscellaneous Case No. 252 of 2002 before the......ocate-On-Record- For the Petitioner Abdur Razaque Khan, Additional Attorney General, instructed by Ataur Rahman Khan, Advocate -On–Record- For the Respondent. Criminal Petition for Leave to Appeal No. 35 of 2004. Judgment: &nb...... while passing the impugned judgment and order. We do not therefore find any reason to sustain the attack. 7. The petition, under the aforesaid circumstance, stands dismissed. Ed. ...... while passing the impugned judgment and order. We do not therefore find any reason to sustain the attack. 7. The petition, under the aforesaid circumstance, stands dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 47
University of Rajshahi Vs. Md. Abdul Mannan Bhuiyan and others, 2006, 35 CLC (AD)
....strative Law. In that state of the matter he filed an application before the Vice Chancellor of the University on 24.10.2000, (the examination of LL.B (Hon's) in question was held in 2000) with the prayer for re-examination of his answer script of the 13th paper, namely, the Administrative Law, ......ner. Ajmalul Hossain, Senior Advocate, instructed by M. Khaled Ahmed, Advocate-on-Record- For the Respondent No. 1. Not represented- For the Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 146 of 2005. Judgment: ......have no respect for the ethics and values of the profession. In the background of the aforesaid discussions the petition for leave to appeal is dismissed with cost of Tk. 15,000/-. Ed. ......have no respect for the ethics and values of the profession. In the background of the aforesaid discussions the petition for leave to appeal is dismissed with cost of Tk. 15,000/-. Ed. ..Category: Civil Law | Date: | Hits: 97
....nly declaring that the power of attorney executed by Binode Behari Dutta on 9.7.98 in favour of Ramesh Chandra Barman, the defendant, is illegal and not binding upon the plaintiffs and rejected the prayer of permanent injunction. As against that the plaintiffs preferred Title Appeal No. 104 of 200...................Respondent (In Civil Petition No. 97 of 2007)
Judgment
October 3, 2007.
Hindu Law
Shebait
Binod Behari Dutta ceased to be a shebait of the deity after leaving Bangladesh for India. Therefore, he cannot, by executing a power of attorney, entrust the petitioner to perform......o the decision of the High Court Division does not call for any interference.
The petitions are dismissed.
Ed.
This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07.
......o the decision of the High Court Division does not call for any interference.
The petitions are dismissed.
Ed.
This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07.
..
Category: Civil Law | Date: | Hits: 111
Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)
....actor shall go through items and measurement prepared for final payment and file claims, if any, before he receives final bills. No claim or arbitration as per clause 22 shall be entertained, if no prayer is made before acceptance of final payment." 12. Then he referred to clause 20— Changes ......n No.402 of 1988. 2. The moot question in this appeal is whether the respondent being engaged in one on-going project of the Upazila Parishad as a contractor was disqualified to be a candidate for the post of the Chairman under section 6(2)(f) of the Local Government (Upazila Parishad and U......lt, therefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120.......lt, therefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120...Category: Election Law | Date: | Hits: 134
Channel Cinema Ltd. Vs. Chowdhury Golam Malek, 1989, 18 CLC (AD)
....(e) of the sub-section (1) of section 18 of the Premises Rent Control Ordinance, 1963 will satisfy the Court as to the bona fide requirement of the landlord or as to the just cause for allowing a prayer for an eviction of the tenant will depend on the facts and circumstances of each particular...... as concurrent, even then the plaintiff failed to prove that the defendant tarnished the image of the cinema hall by supplying bad food to its customers and the plaintiff needed the tenanted premises for the benefit of the company…………..(8 & 11) Lawyers Involved: Khandakar Mahbubudd......of the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ......of the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ..Category: Property Law | Date: | Hits: 64
Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)
....ee was impleaded as opposite party No. 1 when the written objection was filed on the plea that the pr-emptor had ceased to be co-sharer in the jote in view of his Mutation Case No. 63 of 1977-78. The prayer for dismissal of the pre-emption application was made. 10. It is only after this objecti......he State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 96 The Code of Civil Procedure, 1908 (V of 1908) Order VI, rule 17 Order 6, rule 17 of the Code of Civil Procedure provides for allowing amendment "for determining the real question in controversy between the parties." In th......result, therefore, these appeals are allowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ......result, therefore, these appeals are allowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ..Category: Procedural Law | Date: | Hits: 84
Sonali Bank Vs. Mahbubul Amin and another, 1989, 18 CLC (AD)
.... Result: The appeal is dismissed. The Code of Civil Procedure, 1908 (V of 1908), section 34 (1), (2) Upon reference to the judgement of the trial court it is found that the plaintiff’s prayer for interest from the date of the suit was allowed. There is nothing to show that the decree ......lt: The appeal is dismissed. The Code of Civil Procedure, 1908 (V of 1908), section 34 (1), (2) Upon reference to the judgement of the trial court it is found that the plaintiff’s prayer for interest from the date of the suit was allowed. There is nothing to show that the decree holder ......sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ......sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ..Category: Civil Law | Date: | Hits: 113
Abdul Jabbar Dakua Vs. Kanchan Ali Sikder and others, 1989, 18 CLC (AD)
.... made no move after the district election officer had refused to accept his nomination paper to approach the Election Commission immediately which he did after two months of the election. His belated prayer was rejected by the Election Commission. It was not right and proper for the High Court Divis......peal is allowed. The Local Government (Union Parishads) Ordinance, 1983 The Union Parishad Election Rules, 1983, Rule 70 It does not appear that the respondent was very much keen or vigilant for participating in the election otherwise he would have made efforts as other persons from other U...... the reasons stated above, the appeal is allowed and the impugned judgment and order are set aside. There will be no order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 101. ...... the reasons stated above, the appeal is allowed and the impugned judgment and order are set aside. There will be no order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 101. ..Category: Election Law | Date: | Hits: 112
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....r fresh assessment of compensation causing toss and injury to the defendants. 9. The learned Subordinate Judge by judgment and decree dated 31.8.85 dismissed the suit upon finding that the first prayer was superfluous and redundant as the plaintiffs had already obtained the declaration in T......wer appellate Court. 2. The matter arises out of an acquisition proceeding of 1959-60 requisitioning and then acquiring large areas of land in mouza Khilgaon, presently within P.S. Motijjheel, for the Railway Board. Plaintiff-respondents' 6.4650 acres of land had also been acquired and incl......the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ......the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ..Category: Property Law | Date: | Hits: 38
Serina Begum and anr. Vs. Mofizul Islam and others, 1989, 18 CLC (AD)
....lants opposed and such conduct of the appellants signifies their intention to achieve something indirectly, that is frustrating the very pre-emption proceeding. The learned Munsif rightly granted the prayer and the High Court Division holding the same view. ……….……..(5) Lawyers Involved:..........Respondents Judgment March 12, 1989. Result: The appeal is dismissed. The State Acquisition and Tenancy Act (XXVIII of 1951), section 96(3)(b) The pre-emptor respondent prayed for leave to deposit the balance consideration money with statutory compensation which the appellant......rayer. The High Court Division was correct in taking the view. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 77. ......rayer. The High Court Division was correct in taking the view. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 77. ..Category: Property Law | Date: | Hits: 32
Aftabuddin Vs. Mahfuzus Sobhan & ors., 1990, 19 CLC (AD)
....rt Division under section 24 of the Code of Civil Procedure being Civil Revision Case No. 1020 of 1979 praying that the suit be withdrawn by the High Court Division and upon hearing the parties the prayer was allowed and it was registered as Transferred Suit No. 1 of 1980. 3. The matter was h...... February 7, 1989. Result: The Appeal is allowed. The Specific Relief Act, 1877 (I of 1877), section 55 Where the use of property is permissive and not as of right no case is made out for injunction far less a question of mandatory injunction. The obligation referred to in this secti......ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ......ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ..Category: Property Law | Date: | Hits: 30
Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)
....t Division, Dhaka in Civil Order No. 223 of 1989). Judgment: Badrul Haider Chowdhury J.- In this petition for special leave the question is whether the Courts below were correct in refusing the prayer for ad interim injunction in the facts and circumstances of the case. 2. Facts in brief ar......……………….......................Petitioners Vs Messers Business Resources Ltd. & others...................Respondents Judgment March 29, 1989. Result: The petition for special leave is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order XXXIX, rul......pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ..Category: Civil Law | Date: | Hits: 130
Shah Alam Mollah (Md) Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & others, 1989, 18 CLC (AD)
....Election Commission directed consolidation and acceptance of the result as submitted by the Presiding Officer, the High Court Division could not sit on judgment over ii and direct a fresh poll on the prayer of the appellant. In any view of the matter, there is no merit in this appeal which is, ac......dgment April 31, 1989. Result: The Appeal is dismissed. The Local Government (Union Parishads) Election Rules, Rules 38-43 The appellant is not entitled to raise the question of repoll for the first time before the Appellate Division. Even if the question was raised before the High Co......pellant. In any view of the matter, there is no merit in this appeal which is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 73. ......pellant. In any view of the matter, there is no merit in this appeal which is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 73. ..Category: Election Law | Date: | Hits: 125
S.M. Khaliur Rahman and others Vs. State, 1989, 18 CLC (AD)
....assed by the High Court Division, Dhaka Bench, in Criminal Revision Case No. 225 of 1984). Judgment Shahabuddin Ahmed J.- Accused-petitioners have brought this appeal by special leave with a prayer that the criminal proceedings against them, under various sections of the Penal Code includ......ismissed. The Code of Criminal Procedure, 1898 (V of 1898), section 561A The Penal Code, 1860 (XLV of 1860), sections 436 & 148 Mere plea of right of private defence cannot be a ground for quashing a criminal proceeding. Such plea is to be established by evidence by the accused who ta......for quashing the proceedings is found to have been rightly refused by the High Court Division. In the result the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 62. ......for quashing the proceedings is found to have been rightly refused by the High Court Division. In the result the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 62. ..Category: Criminal Law | Date: | Hits: 39
Hafizuddin Sarker and Lakjan Bewa Vs. Bangladesh and others, 1989, 18 CLC (AD)
....hat the earlier suit was for mere declaration of title whereas the instant suit is for declaration of title and recovery of possession and further the earlier suit was dismissed in the absence of any prayer for recovery of possession and as such the decree in that suit does not operate as res judi...... Judgment April 16, 1989. Result: The Appeal is dismissed. The Code of Civil Procedure, 1908 (V of 1908), section 11, Explanation IV The High Court Division found that the earlier suit for declaration of title failed not primarily because it was not by the proviso to section 42 of the...... Judge of the High Court Division was correct in taking the view. This appeal is, therefore, dismissed without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 57. ...... Judge of the High Court Division was correct in taking the view. This appeal is, therefore, dismissed without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 57. ..Category: Property Law | Date: | Hits: 35
Sayesta Bibi and others Vs. Juma Sha and others, 1989, 18 CLC (AD)
....ld be of no consequence. Unless there is a partition by, ”mets and bounds” the right of application under section 4 of the Partition Act subsists.………………….(11) When an applicant's prayer is allowed under section 4 of the Partition Act it involves a kind of forced sale for the str......ection 4 The suit property never lost its character of an undivided homestead because there had admittedly been no partition by metes and bounds by any previous arrangement. There is no time limit for filing an application under section 4 of the Partition Act. The defendant's claim of continuous ......permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is dismissed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ......permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is dismissed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ..Category: Property Law | Date: | Hits: 45
State Vs. Arman Ali and Others, 1987, 16 CLC (AD)
....ner perverse or totally unsustainable. The impugned order does not, therefore, call for any inference. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ....... Result: The petition is dismissed. Circumstantial evidence If the witnesses examined to prove the circumstances are found to be unreliable or their evidence is found to be unacceptable for any other reason the circumstances cannot be said to have been proved. The High Court Division g......ner perverse or totally unsustainable. The impugned order does not, therefore, call for any inference. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ......ner perverse or totally unsustainable. The impugned order does not, therefore, call for any inference. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ..Category: Criminal Law | Date: | Hits: 43
Khaleda Roushan Ara Vs. Nurul Huq (Md.), 1990, 19 CLC (AD)
....e respondent. 2. The suit was fixed for hearing on 16th February, 1983. On that date the defendant filed an application for adjournment with a medical certificate on the ground of illness. The prayer for adjournment was, however, not granted and the suit was decreed ex-parte on that date. The......91 of 1984). Judgment: M.H. Rahman J.-Appellant was the defendant in Title Suit No. 9 of 1981 of the Second Court of Subordinate Judge, Mymensingh. That suit was instituted by the respondent for specific performance of contract for sale of the suit property. By filing a written statement ......dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ......dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ..Category: Property Law | Date: | Hits: 38
Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)
.... etc. and also for permanent injunction against defendant-respondents. He also prayed for an order of temporary injunction by filing an application on the same date. 3. The respondents opposed the prayer for temporary injunction by filing separate written objections. They contended that since...... Temporary injunction In a case of cancellation of settlement it cannot be said that the lessee is a trespasser merely because his settlement has been cancelled. The question will always remain for consideration whether the settlement has been validly cancelled. On appellants own showing he ha......learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ......learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ..Category: Property Law | Date: | Hits: 29
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