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Ashequr Rahman (Md) Vs. Bangladesh Agricultural Research Institute, 2006, 35 CLC (AD)
.... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......unicate as to whether he would like to be heard the matter would be disposed of ex parte. 3. The appellant replied to the show cause notice asserting that whatever he did the same was in the interest of Bangladesh Agricultural Research Institute and national interest. The reply so submitt..Category: Employment/Service Law | Date: | Hits: 92
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
.... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ......ho transferred the same to Abdus Sattar. Mr Abdus Sattar died in late 1964 leaving one wife, six sons and four daughters i.e. the eleven share-holders of the Company, as his heirs and successors-in-interest and these share-holders of the Company inherited the land described in the schedule as abs..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ......ud upon the Republic and the legislature by permitting the passage of Acts and nature of which their title do not disclose. Another is to prevent the passage of unrelated measures by combination of interests each particularly concerned with one, or more and careless of others (Page 52 of his wri..Category: Constitutional Law | Date: | Hits: 1934
Mohammad Musa Vs. Kabir Ahmed & anothers, 1989, 18 CLC (AD)
....lly proved. It was accepted by all the three Courts below. We find no reason to interfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ......on of section 6 of the Partnership Act, 1932 there are two explanations: "Explanation 1. The sharing of profits or of gross returns arising from property by person holding a joint or common interest in that property does not of itself make such persons partners. Explanation 2. The r..Category: Criminal Law | Date: | Hits: 44
Bangladesh House Building Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
....here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......t, 1882 (IV of 1882), section 58 The Stamp Act, 1899 (2 of 1899), Section 2(17) It is now well settled that a mortgagee, in the absence of any contract to the contrary, is entitled to treat the interest due under a mortgage as a charge upon the mortgage property, and the mortgagor, at the time..Category: Property Law | Date: | Hits: 41
Syed Nizamuddin Mohsin Vs. People's Republic of Bangladesh, 1989, 18 CLC (AD)
....answer to the question raised in this case is in the affirmative. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ............................................................................................ (2) Notwithstanding anything contained in any other law for the time being in force, the right, title and interest of the tenant or his successors-in-interest shall be extinguished in such lands or portio..Category: Property Law | Date: | Hits: 42
Abdul Gufur and others Vs. The State and another, 1989, 18 CLC (AD)
....ned judgement does not suffer from any infirmity. At this stage we need not enquire into the merit of the case. The appeal is dismissed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 127...... 3. The appellants contend that the learned Single Judge of the High Court Division passed the impugned order without applying his mind and without stating clearly that it was expedient in the interest of justice to make a complaint. It is further contended that no case was made out under sec..Category: Criminal Law | Date: | Hits: 45
ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)
....aying the appeal has become of mere academic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124...... the prayer for remand does not merit consideration. Since the point has been settled already on which the leave was granted, Mr. Ahmed is correct in saying the appeal has become of mere academic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed...Category: Property Law | Date: | Hits: 56
Abdul Jalil Vs. Bangladesh House Building Finance Corporation & another, 1989, 18 CLC (AD)
....im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109......h position respondent no. 2, the auction purchaser is entitled to compensation of Tk. 75,000/- to be deposited with the District Judge within 2 months, in default the auction purchaser is entitled to interest on the amount at the rate 9% till realisation……………(9 & 10) Lawyers Involve M..Category: Property Law | Date: | Hits: 30
Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ...... is inter parties; even recitals in such a judgment are admissible. A previous judgment is admissible also to prove statement or admission or an acknowledgment made by a party or the predecessor-in-interest of a party, in his pleadings in a previous litigation. Similarly, a judgment narrating the ..Category: Procedural Law | Date: | Hits: 146
Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)
....Court Division and the Appellate Court below. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ......sing evidence adduced by the respective parties. The High Court Division considered that the plaintiffs were only recent purchasers and in the absence of clear evidence that their predecessors in interest used the alleged pathway in terms of section 15 of the Easement Act, the plaintiffs could n..Category: Property Law | Date: | Hits: 36
Gopal Chandra Shah Vs. The Deputy Commissioner, Sunamganj & another, 1989, 18 CLC (AD)
.... 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. ...... Narcotics and Liquor. The controller of Narcotics and Liquor requested the Deputy Commissioner (Annexure D) to allow the appellant to continue his shop at Paschim Bazar in the revenue and public interest until a new site for him was found and also directed the Deputy Controller of Narcotics and..Category: Others | Date: | Hits: 125
....the learned Attorney-General for making available all the books cited by the parties in this case.
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
......hmed what is sauce for the goose should be sauce for the gander. This is the echo of the sentiment expressed in the judgment of S. Ahmed, J. "when the legislation thought it expedient in the national interest to provide for the impugned disqualification for members of local bodies, they should hav..
Category: Election Law | Date: | Hits: 212
Shambhu Nath Saha Vs. Alfazuddin Ahmed & others, 1989, 18 CLC (AD)
....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......aid rent to his daughter Zohora Hossain till 1957. Besides oral evidence these are the two documents on the basis of which the trial Court found that the defendant was tenant under the predecessor-in-interest of the plaintiffs. 10. Mr.T.H. Khan could hardly advance any submission in respect of th..Category: Others | Date: | Hits: 96
Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)
.... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ......liver plaintiffs share of the borga crop is 1376 B.S. and also refused to vacate the land on demand and thereby dispossessed the plaintiff from the suit land. Defendant No.1 has no right, title and interest in the suit land. Having failed to obtain the land amicably on demand the plaintiff was con..Category: Property Law | Date: | Hits: 46
Jonab Ali Sarder & others Vs. Taser Ali Fakir & another, 1985, 14 CLC (AD)
....ation. The argument built on sub-section (1) of section 17 does not stand. In the result this appeal is dismissed. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 35. ......lots appertaining to jama of Rs. 7/- belonged to Ichhamoyee Dashi who sold the same to Abdul Mannan and pro-forma defendant No. 6 by kabala dated 28.2.36 in equal shares. Abdul Mannan sold his entire interest i.e. -/8/- annas share of the jama to the plaintiff by kabala dated 7.9.57. Pro forma defen..Category: Property Law | Date: | Hits: 49
Bangladesh Vs. Jalaluddin Ahmed, 1985, 14 CLC (AD)
....igh Court Division is set aside and that of the trial court is restored. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 27. ......ground that the loss was due to act of God and not due to his negligence. Respondent claimed Tk. 94,521.39 from the appellant on account of (a) Demurrage, (b) carrying (c) security deposit and (d) interest on security money. On the refusal of the appellant to pay the amount claimed by the respon..Category: Civil Law | Date: | Hits: 111
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
.... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ......before even compelling the principal debtor to repay. The choice lies with the creditor….(58) The Court is not always bound by what is provided in the contract itself but the matter of awarding interest is within the complete discretion of the Court…….(64) The Court has been empowered ..Category: Civil Law | Date: | Hits: 110
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
.... from this Court for a reasonable amount. In the circumstances a money decree for Tk. one lack fifty thousand is quite reasonable. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ......d to you as long back as on 15.2.67 you have not completed documentation and other formalities to utilize the loan until now. We understand that one of your partners Mrs. Le Sang is no longer interested in the project. You are, however, once again advised to complete documentation and al..Category: Business or Commercial Law | Date: | Hits: 114
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
....s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ......endant Nos. 3-5. The case of defendant Nos. 3-5 is that Noor Mohammad Bepari transferred the suit premises in favor of Nazrul Islam and Aminul Islam, defendant Nos. 10 and 11, who transferred their interest in the suit property to them on 27 October 1974 by executing a kabala. Defendant No. 6, t..Category: Property Law | Date: | Hits: 36
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