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Salma Parveen Vs. Md. Amir Hossain and others, 2009, 38 CLC (AD)
.... of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 293. ......tiff and as such, a legal notice was issued to the defendant which was replied to; agreement was not denied; that the defendant gave possession of the property in schedule to the plaintiff at the time of execution of the agreement and the plaintiff spent TK. 2,00,000.00 for making improvement; t......tance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 293. ......tance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 293. ..Category: Property Law | Date: | Hits: 112
....any merit in the appeals of the appellant and accordingly the appeal is dismissed without any order as to cost.
Ed.
This Case is also Reported in: VIII ADC (2011) 240.
......agreement and that further the proceedings in the Artha Rin Suit are liable to be stayed under Section 10 of the Arbitration Act, 2001; that IPDC has the right to sell the shares in the market at any time and as such, purported to resolve the dispute between the parties arising out of the said agree......cordance with Clause 13 of the share purchase agreement.
5. Mr. Ajmalul Hussain. Q.C, learned Counsel, for the respondents submitted that the case of IPDC in the Artha Rin Suit is a simple case of recovery of money owed by the appellants and the other Directors to IPDC under Clause 4 of the Buy-B......ivision, we do not find any merit in the appeals of the appellant and accordingly the appeal is dismissed without any order as to cost.
Ed.
This Case is also Reported in: VIII ADC (2011) 240.
..
Category: Civil Law | Date: | Hits: 78
Shambhu Nath Saha & others Vs. State, 1989, 18 CLC (HCD)
....ble. Ed. This Case is also Reported in: 43 DLR (1991) 660. ...... before Metropolitan Magistrate on 16.6.85 which was marked as Ext. B in the SCC Suit. 8. Thus while the criminal proceeding was going to be disposed of, the accused‑petitioners for the second time filed another application under section 561A of the Code of Criminal Procedure for quashing the......s therefore, discharged. The learned Additional Metropolitan Magistrate is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 660. ......s therefore, discharged. The learned Additional Metropolitan Magistrate is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 660. ..Category: Criminal Law | Date: | Hits: 83
Badsha (Md.) Miah and others Vs. Soleman Nessa Bibi and others, 1988, 17 CLC (HCD)
....The prayer is allowed. Let the operation of this judgment be stayed for 2 (two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646.......tered kabala dated 1355 BS vide kabala Ext. 4. The plaintiffs are men of Comilla. They left their home district after the above purchase and remained here for two years. Their case is that in the meantime, Naldanga Raj Estate, the landlord of the suit land, brought a rent suit against them with resp......ppeal No. 6 of 1963 affirming those passed by Mr. Q Sharafat Ali, Munsif 2nd Court, Jessore, in Title Suit No. 23 of 1961. 2. The appellants filed the above suit for declaration of their title and recovery of khas possession in 6.21 acres of land as detailed in the schedules to the plaint. 3. ...... and he seeks 2(two) months' time for the purpose. The prayer is allowed. Let the operation of this judgment be stayed for 2 (two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646...Category: Property Law | Date: | Hits: 70
Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)
.... to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ......ing his alarm, his brother Mannan, Ahad, Alauddin, Somraj, Azimuddin, Chand Mia, Suruj, Wahab, Khorshed, Kashem and Malek came to the 'Bichra' of PW 1 Mannan. Somed also reached the 'Bichra'. At that time they found that about 40/50 persons including all these accused‑appellants being armed with g...... Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ...... Abdul Hamid, Alfaz and Siraj. They chased Somed upto the bichra where on his raising alarm all the inmates about 12 in number came out and were encircled by the accused party. The accused party with arms deadly in nature arrived at the scene of occurrence and the occurrence took place. It is stated..Category: Criminal Law | Date: | Hits: 68
Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)
....ances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ......reported in 56 Indian Appeal 259. 21. We have now to consider the legal position. The land belonged to the appellant but the building was constructed at the cost of the respondent who knew at that time that the land was not his but his wife's. The maxim "Quicquid plantatur solo, solo cedit" is a......ion thereof and by letting out the first and second floors to the tenants and by realising rent from them. As such it is not necessary for the plaintiff‑ respondent to seek further relief by way of recovery of possession as has been contended by Mr. MH Khandker. We, therefore, hold that the suit i......nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ..Category: Property Law | Date: | Hits: 110
Haji Md. Ishaque and others Vs. Rupali Bank, 1990, 19 CLC (HCD)
.... In the result the appeal is dismissed with costs to the defendant respondent No. 1. Ed. This Case is also Reported in: 43 DLR (1991) 621. ...... where the relief claimed is properly valued but the plaint is written upon paper insufficiently stamped, and the plaintiff on being required by the Court to supply the requisite stamp paper within a time fixed by the Court, fails to do so the plaint shall be rejected. In this case even if it is fou...... the impugned judgment and order dated 21.7.87 rejected the plaint holding that the plaintiffs have no locus standi to bring the suit and that the plaint is not also entertainable for not praying for recovery of possession on payment of ad valorem court fee. 6. Mr. Mozammel Hossain, the learned A......uit and the Court below rightly rejected the plaint. In the result the appeal is dismissed with costs to the defendant respondent No. 1. Ed. This Case is also Reported in: 43 DLR (1991) 621. ..Category: Procedural Law | Date: | Hits: 67
....l Grain Company (Canada) Ltd. and others............... Opposite Parties.
Judgment
July 24, 1990.
Case Referred to-
PLD 1964 (SC) 222.
Lawyers Involved:
Mustafa Niaz Mohammad, Advocate ‑For the Petitioner.
Nurul Islam Chowdhury with Mahbub Sobhan, Advocates‑For the Opposite......t the judgment and order dated 27.11.81 passed by Mr. MA Rashid Subordinate Judge, 3rd Court, Chittagong in Miscellaneous Case Nos. 59 and 60 of 1981 arising out of Money Suit No. 152 of 1981. At the time of issuance of the Rule it was directed to hear both the Rules analogously. The trial Court als......eleasing the said vessel from the order of conditional attachment passed by the Court on 6.7.81 in Money Suit NG. 152 of 1981.
3. The plaintiff petitioner filed Money Suit No. 152 of 1981 claiming recovery of a sum of Tk. 9,82,136.80 against the defendant No. 1 M/s Continental Grain Co. Ltd. (USA......nished there is no merit in these two revisional applications.
In the result, these Rules are discharged without any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 617.
..
Category: Admiralty Law or Maritime Law | Date: | Hits: 186
Mozammel (Md.) Huq Vs. State, 1990, 19 CLC (HCD)
....cel the bail‑ of the accused if and when he finds it necessary in course of trial. Ed. This Case is also Reported in: 43 DLR (1991) 614....... scheduled and non‑scheduled offences together was also illegal. 5. Section 156(1)(8) of the Customs Act provides a penalty of confiscation of the smuggled goods and penalty upto the limit of 10 times of the value of the property to be imposed by the Customs authority for the offence of smuggli......ferred to the decision in 21 DLR SC page 311. In this decision it was observed that the learned Judge of the High Court Division, on examination of the record, arrived at the finding that the alleged recovery of the pistol from the possession of the appellant was not proved and the pistol that was r......Court. The Special Tribunal shall have the liberty to cancel the bail‑ of the accused if and when he finds it necessary in course of trial. Ed. This Case is also Reported in: 43 DLR (1991) 614...Category: Criminal Law | Date: | Hits: 52
Anu Bala Vs. Upazila Nirbahi Officer, Perojpur and Others, 1990, 19 CLC (HCD)
....ent November 4, 1990. Cases Referred to- Circle Officer, Sutrapur Vs. Mohammad Hosain, 1990 BLD 12; Bangladesh Vs. Jahiruddin, 1986 BLD (AD) 190. Lawyers Involved: AK Badrul Huq, Advocate ‑ For the Petitioner. Not represented-the Opposite Party. Civil Order No.2614 of 1990. ......randum of appeal was drafted and naturally it was drafted by the Government lawyer and the appeal was filed on 5.5.90 which means within 3 days of the order directing to file the appeal. 8. At the time of the hearing of the application for condonation, where the above explanation had been given f......ch we find no illegality to interfere in the Revisional jurisdiction of this Court. In the result, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 611.......ch we find no illegality to interfere in the Revisional jurisdiction of this Court. In the result, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 611...Category: Limitation Law | Date: | Hits: 192
....ary, Ministry of Law and Justice and others..........Respondents.
Judgment
October 7, 1991.
Lawyers Involved:
Amir‑ul-Islam with Zakir Ahmed, Md. Nurul Huda and Shirin A Chowdhury, Advocates ‑ For the Petitioners.
Aminul Huq, Attorney‑General with AF Hasan Arif, Deputy Attorney ......titution of 18th September, 1991 and the nomination papers were filed by the candidates in pursuance of the Act but relief was not sought for by the petitioners against the Act till considerably long time was allowed to pass after its enactment but only when the Ordinance was promulgated they rose u......atter be placed before the regular Bench on the re‑opening of the Court on 20th October, 1991 for hearing of the substantive application.
Ed.
This Case is also Reported in: 43 DLR (1991) 607.
......atter be placed before the regular Bench on the re‑opening of the Court on 20th October, 1991 for hearing of the substantive application.
Ed.
This Case is also Reported in: 43 DLR (1991) 607.
..
Category: Constitutional Law | Date: | Hits: 229
.............Petitioner
Vs.
Singa Bangla Garment Manufacturing Company (Pvt) Ltd..............Respondent.
Judgment
October 29, 1990.
Case Referred to-
Bangladesh Road Transport Corporation Vs. M/s Ashraf Jute Mills Ltd., BLD 1990 144.
Lawyers Involved:
MA Samad, Advocate ‑ F...... alleged that inspite of repeated requests, reminders, claims, demands and even serving of legal notices twice, the respondent has been unable to pay his liability/debts to the petitioner and by this time the respondent has defaulted and failed to pay its admitted debts for long 16 months and 9 days......ain a stay order from the Appellate Court. The prayer is allowed and this judgment will come into operation just after two weeks from date.
Ed.
This Case is also Reported in: 43 DLR (1991) 603.
......ain a stay order from the Appellate Court. The prayer is allowed and this judgment will come into operation just after two weeks from date.
Ed.
This Case is also Reported in: 43 DLR (1991) 603.
..
Category: Company Law | Date: | Hits: 190
Abdur Rahman Vs. Shahanara Begum, 1990, 19 CLC (HCD)
.... J Abdur Rahman......................................Petitioner Vs. Shahanara Begum.................................Opposite Party. Judgment August 8, 1990. Case Referred to- Suratannessa Vs. Md. Naimuddin, 18 DLR 37. Lawyers Involved: Nurul Islam Chowdhury, Advocate ‑ ......18 DLR 37 referred to by the learned Advocate of the petitioner it has been held that the Court while rejecting a petition for permission to sue as a pauper may in its discretion allow the petitioner time to pay the requisite court fee and upon such payment the suit will be deemed to have been insti......ittagong. 2. It appears that the plaintiff‑opposite party filed Miscellaneous Case No. 9 of 1985 in the 2nd Court of Subordinate Judge, Chittagong on 2.2.1995 for permission to sue as pauper for recovery of the sum of Tk. 3,09,667.00 on account of prompt value of gold ornaments, marriage clothi......rnments as the Ordinance provides for speedy and summary disposal of the cases dispensing with the provisions of the Code of Civil Procedure. Ed. This Case is also Reported in: 43 DLR (1991) 599...Category: Civil Law | Date: | Hits: 106
Abul (Md.) Kashem & others Vs. Ashrafuzzaman, 1990, 19 CLC (HCD)
.... Kashem & others.........................Petitioner Vs. Ashrafuzzaman...........................................Opposite Party. Judgment July 30, 1990. Cases Referred to- Keramat Ali Bepari Vs. Province of East Pakistan, 22 DLR 646; Syed Ahmed Vs. Keshab Chandro and another, ......land and showing the gross income to be Tk. 4,650.00 and cultivation cost and rent to be Tk. 1,250.00 and the net income to be Tk. 3,400.00 and the value of the suit land to be Tk. 51,000.00 being 15 times of the net annual income. 3. The contesting defendant petitioners have been contesting the......Suit Valuation Act. 8. In the next case reported in 1988 BLD 60 the plaintiffs instituted the suit for declaration that kabalas of the defendants were without consideration and ineffective and for recovery of possession. The defendants objection to the valuation given by the plaintiffs in the pla......of the case within three months of the receipt of the copy of this judgment. Let a copy of this order be transmitted to the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 596. ..Category: Civil Law | Date: | Hits: 94
Afsar (Md.) Vs. Moulvibazar Pourashava and others, 1990, 19 CLC (HCD)
.....................................................Petitioner Vs. Moulvibazar Pourashava and others...............Opposite Party. Judgment December 3, 1990. Case Referred to- Dacca Match Factory Ltd. Vs. Bangladesh Match Co. Ltd, 30 DLR (HC) page 244 para 8; Mansur Ahmed Vs. Kalipa......of Small Causes, and who, from the discovery of new and important matter or evidence which, after the exercise of due diligence, was not within his knowledge or could not be produced by him at the time when the decree was passed or order made, or on account of some mistake or error apparent on th......this order with proper notice to both the sides. Let the records of the case along with a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 589. ......this order with proper notice to both the sides. Let the records of the case along with a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 589. ..Category: Trust/Waqf Law | Date: | Hits: 181
Yakub (Md.) Ali Howlader Vs. Abdur Rab Munshi, 1990, 19 CLC (HCD)
....nt November 18, 1990. Case Referred to- Rafiqul Alam Vs. Mostafa Kamal & others, 42 DLR (AD) 137. Lawyers Involved: Syed Azizul Huq with AY Masihuzzaman and Syed Moyeenul Huq Advocates ‑ For the petitioner. Aminul Huq with Abdul Gani Talukder, Advocates ‑ For Opposite part......enging the same on the ground that the Returning Officer acted illegally in accepting the nomination paper of the petitioner since he had an outstanding loan with the Krishi Bank at Shariatpur at the time of the filing of the nomination paper and the filing of the said nomination paper was, therefor......accordance with law and be decided at an earlier date. Communicate this order at once. The stay al granted earlier is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 587. ......accordance with law and be decided at an earlier date. Communicate this order at once. The stay al granted earlier is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 587. ..Category: Election Law | Date: | Hits: 156
Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)
....t the appellants be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 573. ......rejudiced thereby, Nextly, it is contended by the learned Advocates for the appellants that the prosecution has miserably failed to establish the charges against the appellants vis-a‑vis the place, time and the manner of occurrence as alleged by the prosecution by cogent, reliable and sufficient e......are acquitted of the charges levelled against them. Let the appellants be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 573. ......are acquitted of the charges levelled against them. Let the appellants be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 573. ..Category: Criminal Law | Date: | Hits: 82
Abdul Quader Chowdhury Vs. Sayedul Hoque & others, 1990, 19 CLC (HCD)
....Salyendra Kishore Roy Vs. Ramendra Kishore Roy, 7 BCR 227 (AD); Hazi Nurul Islam Vs. Serajul Islam and others, 4 BCR 1984 (AD) 401. Lawyers Involved: Ruhul Amin‑II with Golam Mohiuddin, Advocates ‑For the Petitioner. Ruhul Amin, Advocate ‑ For the Opposite Parties. Civil Revision ......found that ldris Miah did not furnish any particular about his pattan land in the objection case and in the written objection Ext. 7(A) in Title Suit No. 63 of 1976, the defendant No. 3 for the first time disclosed particulars of land of their settlement. It appears on the basis of an application fi......s hereby affirmed. In the result, both these Rules are discharged. No order as to Cost. The connected stay orders are hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 568. ......s hereby affirmed. In the result, both these Rules are discharged. No order as to Cost. The connected stay orders are hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 568. ..Category: Property Law | Date: | Hits: 72
Amir Ali & others Vs. State, 1990, 19 CLC (HCD)
....hall be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 564. ......dge about seizure of the sarees. He also said that the chalan was not written in his presence. 11. PW 8 Mr. Faruquzzaman was the officer‑in‑charge of Siddhirganj Police Station at the relevant time. He stated that the CID Sub‑Inspector brought the truck to the Police Station loaded with Ind......sult, the appeal is allowed and the order of appellants shall be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 564. ......sult, the appeal is allowed and the order of appellants shall be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 564. ..Category: Fiscal/Taxation Law | Date: | Hits: 101
Bangladesh Vs. Dewan Obaidur Reza Chowdhury and Others, 1990, 19 CLC (HCD)
...., there will be no order as to costs. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 43 DLR (1991) 551. ...... the gopat; that the plaintiff admitted the gopat and remained in possession of the land lying to the west of the same; that thereafter he reclaimed the entire disputed land and possessed it from the time of reclamation and that subsequently the Court of Wards Estate realised rent from the plaintiff......nt suit was a suit for declaration of title only and in fact for correction of the alleged wrong record of right in the Khatian and there was neither any prayer for confirmation of his possession nor recovery of possession of the suit land. From that point of view also it appears that the point of a......are upheld. In the facts and circumstances of the case, there will be no order as to costs. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 43 DLR (1991) 551. ..Category: Property Law | Date: | Hits: 101
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