Search Options
Judgment Advanced Search
Displaying 3381-3400 of 3988 results.
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. ......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 only for the multi-storied building. The issue is clinched here. There is no scope for advancing any argu...... other things, to execute a mortgage deed. 16. Now what is a mortgage deed? Section 2 (17) Stamp Act defines "mortgage-deed" which includes every instrument whereby, for the purpose of securing money advanced or to be advanced, by way of loan or an existing or future debt, or the purpose of an..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......1988. The Premises Rent Control Ordinance, 1963 (XX of 1963), sections 2 (18), 18(5) and 19 The Transfer of Property Act, 1882 (IV of 1882), Section 111 (g) & 116 There is no provision of law for determining the tenancy on the ground of the tenant becoming undesirable unless the tenant comes...... 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..Category: Property Law | Date: | Hits: 45
Samiruddin Ahmed alias Samir Mia alias Md. Samiruddin Vs. State, 1987, 16 CLC (AD)
....78 as found by the Civil Court, then for the purpose of the criminal case it was enough to hold that the prosecution evidence as to possession could not be accepted beyond reasonable doubt. The party claiming possession in the criminal court is obliged to get the order of injunction vacated in the C......the question of possession without reference to the order of the Civil Court would be clearly untenable and unacceptable. If the appellant, was in possession in 1978 as found by the Civil Court, then for the purpose of the criminal case it was enough to hold that the prosecution evidence as to posse......lowed. The impugned orders of conviction and sentence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ..Category: Criminal Law | Date: | Hits: 59
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....w LEXICON OF BRITISH INDIA page 23 in giving the meaning of the word acting it is to be said-" Acting, a term employed to designate one performing the duties of an office to which he does not himself claim title; (as) acting appointment." The word is also sometimes used in the sense of "operating"......310 of 1988). Not represented— Respondent Nos. 2-13 (In C. A. No. 1 of 1989). Not represented— Respondent No. 1 (In C.P. No. 310 of 1988). Civil Appeal No. 1 of 1989 with Civil Petition for Special Leave to Appeal No. 310 of 1988. (From the Judgement and order dated 22.11.88 passed ......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 ..Category: Election Law | Date: | Hits: 128
Sona Mia Bepari & others Vs. Jamila Khatun & others, 1989, 18 CLC (AD)
....vidence in respect of the alleged sale of .02-1/2 decimals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113...... and the appellant disowning such document and such contention of purchase and denial thereof not being confronted during trial, the appeal is allowed in part and the case remanded to the trial court for re-hearing upon allowing the parties to adduce further evidence in respect of the alleged deed o......of his (Plaintiff No. 1’s) daughters (defendants 1 and 2) was fraudulent, void, illegal and not binding upon the plaintiffs. 3. Plaintiffs' case was that plaintiff No. 1 being in need of money decided to mortgage. 20 decimals of land to defendant Nos. 3 and 4 (his son-in-laws) for a con..Category: Property Law | Date: | Hits: 33
Iqbal @ Salim Vs. State, 1989, 18 CLC (AD)
....lant will continue on the bail and realisation of fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 111 ......in Criminal Appeal No. 723 of 1987 (Dhaka). 2. The appellant was convicted by the Divisional Special Judge, Rajshahi, by an order dated 16 September 1987 and sentenced to rigorous imprisonment for 5 years and also to fine of Tk. 90,000/-(ninety thousand), in default to rigorous imprisonment......al of his case. We find that such a condition for the bail is quite reasonable and can be complied with by the person seeking bail without any difficulty; but payment of fine involving huge amount of money, as in this case, may not be possible and the purpose of granting bail may be defeated if pa..Category: Criminal Law | Date: | Hits: 53
Abdul Jalil Vs. Bangladesh House Building Finance Corporation & another, 1989, 18 CLC (AD)
....ouse Building Finance Corp. & anr........Respondents Judgment August 21, 1988. Compensation The entire balance amount of loan having been paid in full by the appellant and no outstanding claim remain with HBFC and such payment being made with concurrence of this court, on the contrary t......yment being made with concurrence of this court, on the contrary the auction purchaser having deposited full amount of consideration relying on validity of such auction, has been an innocent sufferer for laches of the appellants. In such position respondent no. 2, the auction purchaser is entitled t......chaser) in the court of the District Judge, Comilla within two months from date, failing which the aforesaid amount will be realised from the appellant with interest @ 9% (nine) till realisation as money decree. Respondent No. 2 shall be permitted to withdraw the amount already deposited by him in..Category: Property Law | Date: | Hits: 30
Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)
....ance of the said decree the plaintiff mutated his name by filing Mutation Case No. 6 of 1970-71. But at the instance of some interested persons who made unsuccessful attempts to establish their claim to the land the Additional Deputy Commissioner and other officers in-charge of Enemy Propert......on 42 The plaintiff-appellant do not have exclusive title over the entire suit land. On the contrary greater part of the suit land is in fact enemy and vested property. The plaintiff-appellant therefore is not entitled to a decree of declaration of title under section 42 of the specific relief act......hich was the share of Jugal Chand, one of three original owners. This 1/3rd share was purchased back by Jugal Chandra's son Jadhulal himself by the registered kabala dated 12 August 1947 with his own money and for his own benefit; he was not a benamdar of the plaintiff who was never the real purchas..Category: Property Law | Date: | Hits: 75
Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....ranger thereto. But the judgment in a prior suit together with the plaint and other steps taken in connection therewith is evidence of an assertion by the holder of the judgment of the right which he claims to acquire and is then admissible in evidence of his right. “Secondary evidence e.g. Photos......ot be admissible in evidence”….(12) Secondary evidence of a document is admissible in the cases specifically mentioned in s. 65 of the Evidence Act and if the original is not available, reason for non availability must be given…………………..(14) Though objection was not raised whe......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. ..Category: Procedural Law | Date: | Hits: 146
Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)
....irs transferred her share by the kabalas Exts. A, A (1) and A (4) in 1978. He denied the amicable partition or exclusive possession of the plaintiffs in any specific share of the property which, he claimed, remained 'ejmali' and as such no injunction can issue against him. The trial Court on consi...... December 4, 1988. The Specific Relief Act, 1877 (I of 1877), section 56 A co-sharer in exclusive possession of a separate and well defined share, against another co-sharer who threatens the former with dispossession the former is entitled to retain possession. This question was rightly ans...... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ..Category: Others | Date: | Hits: 106
Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)
.... before and thereafter brought the suit for easement right of pathway through the disputed property, but none of the previous owners have been examined to prove uninterrupted enjoyment of the pathway claiming no title over there. The claim for customary right must be established on cogent grounds th......y virtue of local custom. But it is completely different from customary right because customary right is not an easement…………………..(10) The plaintiff purchased the land only two years before and thereafter brought the suit for easement right of pathway through the disputed property, bu......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 ..Category: Property Law | Date: | Hits: 36
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....c. that can be thrashed out before the Tribunal which has been empowered to take evidence and shall have the power of Civil Court trying a suit under the Code of Civil Procedure and the relief can be claimed that the election of the returned candidate is void and the petitioner or some other person ......Government (Union Parishads) Ordinance, 1983 (LI of 1983), sections 24 and 29 The Union Parishads (Elections) Rules, 1983, Rule 70 (i) In a dispute the issue is to be raised and evidence adduced for adjudication by a competent Tribunal. This function has been given to the Election Tribunal and ......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. ..Category: Election Law | Date: | Hits: 165
....appeal before the Nirbahi-Officer, but his appeal was dismissed. Thereupon he filed a writ petition—W.P. No. 26 of 1988—challenging the order of the Returning Officer. In his Writ-petition he claimed that he was a solvent business-man having a number of business concerns including a brick ma......esult:
The appeal fails.
The Constitution of the People’s Republic of Bangladesh, 1972
The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), section 7(2) (g)
The provision for disqualification of a member of the Union Parishad under section 7(2)(g) of the Union Parishad O......culiar circumstances.
36. In R.K. Carg v. Union of India, AIR 1981, SC 2138, Special Bearer Bonds (Immunities and Exemptions) Act, 1981, which made a classification between persons having 'black money' and others, was held lo be quite reasonable, and permissible under the 'equality of law' pr..
Category: Election Law | Date: | Hits: 212
Shambhu Nath Saha Vs. Alfazuddin Ahmed & others, 1989, 18 CLC (AD)
.... Sarder demanded rent from the defendant upon occupying the entire holding and the defendant in order to avoid trouble paid him money in lump sum. After death of Abdul Kader Sarder in 1956 nobody claimed ownership of the suit holding. Thereafter somebody demanded rent as representative of the he......hbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Respondents. C. A. No. 18 of 1987 Judgement: A.T.M. Afzal J. — The defendant in a suit for ejectment of monthly tenant is the appellant in this appeal by leave. 2. The suit being S.S......fore 1947. After independence of the country in 1947 one Abdul Kader Sarder demanded rent from the defendant upon occupying the entire holding and the defendant in order to avoid trouble paid him money in lump sum. After death of Abdul Kader Sarder in 1956 nobody claimed ownership of the suit ..Category: Others | Date: | Hits: 96
Bangladesh Sericulture Board & another Vs. Md. Fazlur Rahman Akunjee & another, 1989, 18 CLC (AD)
....ch dispute with this broad proposition but the question in every case will be whether in the facts of that particular case a relief of temporary injunction ought to be given. It is elementary that to claim a relief of that nature the plaintiff must, first of all satisfy as to a prima facie nature of......njee & another……………………………Respondents Judgment June 6, 1988 The Code of Civil Procedure, 1908 (V of 1908), Order XXXIX, rule 1. The plaintiff was reverted to the former post of Assistant Secretary from the ad-hoc promoted post of deputy secretary. Reversion to t......er of injunction on the ground, inter alia, that the balance of convenience and inconvenience is in favour of the appellant, namely, the Sericulture Board and that the plaintiff can be compensated by money in the event of his success in the suit. In the impugned judgment the learned Judge of the Hig..Category: Employment/Service Law | Date: | Hits: 89
Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)
.... 1. Whether the suit as framed by the plaintiff-respondent was in terms of Order 6, Rule 4 of the Code of Civil Procedure and also bad for mis-joinder of causes of action. 2. Whether the claim of the plaintiff was barred both as regards the money decree and consequential auction-s......is special enactment appears to enable 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 windin...... the instance of the judgement-debtor Madhabi Lata in Misc. Case No. 2 of 1953 the lessee, Deft. No.1, instituted Money Suit No. 5 of 1957 for refund of the proportionate share of the consideration money of the lease alleging that the Bank lost its title in 8-annas' share of the demised property..Category: Banking Law | Date: | Hits: 103
Bangladesh Railway Vs. M/s. Chartering and Shipbroking Corporation, 1985, 14 CLC (AD)
....15) The Code of Civil Procedure, 1908 (Act No. V of 1908), Order I, Rules 3 and 4 When a common question of fact and law is involved in a suit, all persons may be joined as defendant claiming relief against all……………………….......of cement in shed No. 5, nor is there any evidence to prove that this fact was brought to the notice of the plaintiff. Under these circumstances it cannot be held that the plaintiff was responsible for not taking delivery of 3337 bags of cement. The position, of course, would have been d......of 1968 allowing the appeal in part and modifying the judgment of the Subordinate Judge, 3rd Court, Chittagong in Money Suit No. 248 of 1964. 2. Plaintiff-appellant filed the aforesaid money suit for recovery of Tk. 35,560.69 as compensation for loss of cargo short-landed. Plaintiff-..Category: Civil Law | Date: | Hits: 89
Bangladesh Vs. Jalaluddin Ahmed, 1985, 14 CLC (AD)
....loss of 6309 maunds 34 seers of wheat. 3. Appellant demanded the sum of Tk. 1, 57,746.25 from the respondent being the value of the goods lost at the rate of Tk. 25/- per maund. Respondent claimed exemption from any liability on the ground that the loss was due to act of God and no................................................Respondent. Judgment February 1, 1984. The Arbitration Act, 1940 (Act No. X of 1940), Article 3 of the First Schedule Time for award is four months When the arbitration proceedings continued beyond four month......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 respondent he referred the ..Category: Civil Law | Date: | Hits: 111
Ram Chandra Das & others Vs. Md. Khalilur Rahman & another, 1984, 13 CLC (AD)
.... change in the status quo of the matters at the time, the suit was filed on 16-11-73 and the plaintiff is guilty of delay and latches. For that in the facts and circumstances of the case the claim of specific performance of the contract for sale ought to have been dismissed as the same .......Appellants Vs. Md. Khalilur Rahman & another........................ Respondents Judgment February 5, 1984. Result: The appeal is dismissed. Contract – specific performance of contract Grant of decree for specific performance is discretionary with the Court. Th......s to perform the 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 ..Category: Civil Law | Date: | Hits: 109
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
....omplete discretion of the Court…….(64) The Court has been empowered to grant interest from 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 peri......he plea that the security on the basis of which the loan was taken has ceased to exist or destroyed…………………(56) Loan-Contract-Guarantor’s Liability Guarantor’s personal liability for repayment of a loan, even though the principal debtor remains liable for the same. The creditor ......To determine this, it will be necessary to consider the provisions of section 34 of the Code of Civil Procedure which is as follows: ''34. (1) Where and in so far as a decree is for the payment of money, the Court may, in the decree, order interest at such rate as the Court deems reasonable to be..Category: Civil Law | Date: | Hits: 110
18891887188518811880187818771876187318721871186918661865186418621859185418531852