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Bangladesh House Build­ing Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)

....to pay the interest also, and not the principal debt alone. Clause 3 in the mortgage-deed settles the issue. It is linked up with the bank rate- and the borrower in his executed mortgage deed clearly stipulated that he will pay the rate of interest at bank rate less 3% which is concessional rate onl......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. ..

Category: Property Law | Date: | Hits: 41

Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)

.... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135......ncy may be determined if the tenant violates any expressed condition of the tenancy stated in the agreement of tenancy. Continuation of the appellant's possession of the premises on expiration of the period of the tenancy on 31.12.83 is not unauthorised, for the landlord consented to this possession..

Category: Property Law | Date: | Hits: 45

Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)

....egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131......shows that the appellant was entitled to make a rep­resentation against any adverse remark. It also ap­pears from other instructions that following any ad­verse remark the officer concerned gets a period for correction and in the next year the higher officer gets an occasion to make remarks wheth..

Category: Employment/Service Law | Date: | Hits: 89

Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)

....rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ......entative members shall be presented to the Government with a copy to the Authorised Officer for con­vening a special meeting as required by section 13(2). (2) The Government shall, within a period not exceeding sixty days, forward the requisi­tions to the Authorised Officer." And ..

Category: Election Law | Date: | Hits: 128

Soleman Miah & others Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors, 1989, 18 CLC (AD)

....dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104......s time allowed to the appellants. However, in case the suit cannot be disposed of for any reason whatsoever the execution case shall pro­ceed in accordance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.Th..

Category: Civil Law | Date: | Hits: 106

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 ......aintiffs enjoyed right of way by ease­ment over the suit land. The Appellate Court below then concluded "plaintiffs failed to prove that they enjoyed any right of easement over the suit land for the period prescribed by law." In this view of the matter, the appeal was allowed and the decree passed ..

Category: Property Law | Date: | Hits: 36

A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)

....rting with these cases, we would like to put on record our appreciation for the valuable as­sistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ...... Election Commission under Rule 70. The Ordinance says: A Union Parishad shall consist of a Chair­man, 9 elected members and 3 women members (Section 5). Term of the Union Parishad shall be for a period of three years commencing on the day of its first meeting after its constitution. The delimit..

Category: Election Law | Date: | Hits: 165

Executive Engineer, Pub­lic Health, Barisal Divi­sion Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)

....period of the plaintiffs unauthorised absence from 21.6.75 to 25.4.77. We uphold the appellate Court's order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64...... from payment of arrear pay after his discharge was found to be illegal but the amount earned by him by way of salary from the employment or as profit from business in which he was engaged during the period of such discharge may be sit off because he cannot serve any other master or engage in any ot..

Category: Employment/Service Law | Date: | Hits: 103

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. ......n 3(10) The Excise Act, 1909 (V of (1909), section 26(1) Under section 26 (1) of the Excise Act a District Magistrate is authorised to order closing down a liquor shop at such times or for such period as he think necessary for preservation of public peace. However he cannot close down such a s..

Category: Others | Date: | Hits: 125

Sheikh Abdus Sabur Vs. Returning Officer, District Education Officer-in-Charge, Gopalganj & others, 1988, 17 CLC (AD)

....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 ......y secured it is recoverable according to the exist­ing law and in terms of his Agreements. He contended that he was not a defaulter in that the loan is to be repaid by instalments spread over a long period of time and that even if he had failed to pay a particular instalment in lime he could not be..

Category: Election Law | Date: | Hits: 212

Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)

....s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8......a Banking Company in liquidation to file a suit or making an application to protect its interests by overcoming any bar of limitation under the ordinary law and for that purpose this law excluded the period from the presentation of an application for the winding up to the institution of the suit in ..

Category: Banking Law | Date: | Hits: 103

Bangladesh Vs. Jalaluddin Ahmed, 1985, 14 CLC (AD)

....uence is not that the award becomes invalid. If from the con­duct of   the parties concerned it can be inferred that they agreed to the proceedings being continued beyond the period stipulated, then the ob­jection losses all the significance."   13......the arbitration agreement, particularly the respon­dent, it appears that no objection was raised by either of the parties to the arbitration proceeding that the award could not be passed as the period mentioned in Article (3) had already expired, nor did the respondent inform the Arbitrator ..

Category: Civil Law | Date: | Hits: 111

Ram Chandra Das & others Vs. Md. Khalilur Rah­man & another, 1984, 13 CLC (AD)

....obligations under­taken by him are proved…….(13) As the plaintiff-respondents have successfully proved their readiness and willingness to pay the balance of the consideration money within the stipulated period of time, there being no controversy regarding the failure of the defendant-appel­...... under­taken by him are proved…….(13) As the plaintiff-respondents have successfully proved their readiness and willingness to pay the balance of the consideration money within the stipulated period of time, there being no controversy regarding the failure of the defendant-appel­lants to pe..

Category: Civil Law | Date: | Hits: 109

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. ......om the date of the suit to the date of the decree and then on the full amount which includes the amount claimed on the date of the suit and the interest thereon granted by the Court for the aforesaid period. Section 34 of the Code of Civil Procedure provides for award of interest on the aggregate su..

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. ......me a cheque for Rs. 2,000/- encashable at the end of June also be handed over to her making a clearance of a total sum of Rs. 6,000/-. 3. The balance of Rs. 14,000/- must be paid in full within a period of four months. 4. After compliance of the aforesaid procedure, a separate paper will be ..

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. ......it for specific performance within time could, there­fore, be filed due to the dilatory tactics of the owner to perform his part of the contract Plaintiff-appellants' possession extended over a period of more than 12 years. In 1973 defendant No. 6, the Government of Bangladesh issued a notice..

Category: Property Law | Date: | Hits: 36

Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)

....as well as of the trial Court and the lower Ap­pellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ......s subject; (b) When he surrenders his holding at the end of any agricultural year by giving notice in the prescribed form and in the prescribed manner and within the prescribed period to the Revenue-officer; (c) When he voluntarily abandons his residence makin..

Category: Property Law | Date: | Hits: 112

Moulvi Abdulla Wel­fare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)

....rder as to costs. The impugned order is set aside and the orders of the courts below are also set aside. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203; 1984 BLD (AD) 329. ......to no avail and the decree holder filed number of petitions before the Executing Court to stop payment to the recei­ver. On 29.9.80 the receiver submitted bills and for passing accounts for the period 1976 to 1980 whereupon on 26.11.80 the decree-holder filed written objection to the passing ..

Category: Property Law | Date: | Hits: 39

Golam Ather Chow­dhury Vs. The Administrator of Waqfs and others, 1984, 13 CLC (AD)

....rference is called for. In the result, the appeal is dismissed. We do not however make any order as to costs. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 203. ......ted Official mutawalli, a Committee of five persons has been so appointed. We do not find any irregularity in this order. The Committee has been appointed to administer and manage the estate for a period of two years. Inclusion therein of the rival pasties is intended for management of the estat..

Category: Trust/Waqf Law | Date: | Hits: 196

Sadullah Pramanik & ors. Vs. Md. Khalilur Rah­man & ors., 1984, 13 CLC (AD)

....ed with costs.                  Ed. This Case is also Reported in: 36 DLR (AD) (1984) 188. ......e introduction of the proviso. It was observed that the interpretation given in 12 DLR would create anomalous position namely once a tenant, he could not be considered as tenant for the subsequent period. Reliance was placed on high authority, A.I.R. 1940 P.C. 124 that such a construction so un..

Category: Property Law | Date: | Hits: 27