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Md. Farid Hossain and others Vs. Md. Abul Hossain and another, 2009, 38 CLC (AD)
.... difÂferent and distinguishable which has no manner of application. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 297. ......mbrelÂlas at a shop at Anderkilla. The said defenÂdant No.1 took loan from Bank by mortÂgaging the lands which was gifted to him and his brother, sisters and mother with the help of his brother-in-law (wife's brother) by appointing his brother-in-law as attorney of the plaintiff and the defenÂda..Category: Property Law | Date: | Hits: 65
Salma Parveen Vs. Md. Amir Hossain and others, 2009, 38 CLC (AD)
....on under rule 25 of Order 41 of the Code of Civil Procedure. The learned Counsel furÂther submitted that the impugned judgÂment and order shows that the High Court Division failed to appreciate the provision of a remand as provided for under rule 25 of Order 41 of the Code of Civil Procedure. 6...... subÂmissions of the learned Counsel for the appellant that “in view to the specific pleading by the defendant No.1-appellant in paragraph 11 of her written statement that the trial Court erred in law in failing to frame appropriate issue of fact for determining the question of fact raised by the..Category: Property Law | Date: | Hits: 112
....as the right to sell the shares at any time in the market. The learned Counsel finally subÂmitted that there was genuine dispute between the parties regarding the interpreÂtation/application of the provisions of the share purchase agreement and the buy-back agreement which is an admitted fact betw......ation agreement in Clause 13 of the share purÂchase agreement and accordingly, the respondent No.1 order dated 1st August, 2007 rejecting the appellant's application for stay has been issued without lawful authority and is of no legal effect. The learned Counsel further submitted that the purport o..
Category: Civil Law | Date: | Hits: 78
Kumudini Hospital Vs. Kumudini Hospital Karmachari Union & others., 1977, 6 CLC (HCD)
....4 and 625 of 1974 are made absolute and the Rule in Petition No. 306 of 1976 is hereby discharged. There will be no orders as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 655. ......it petition Nos. 625 of 1974 with 624 of 1974, 102 of 1974 and 306 of 1976. Judgment Badrul Haider Chowdhury J. - These four Writ petitions have been heard analogously as the common question of law and fact is involved challenging certain decisions of the Labour Court and Appellate Tribunal as..Category: Labour and Industrial Law | Date: | Hits: 123
Badsha (Md.) Miah and others Vs. Soleman Nessa Bibi and others, 1988, 17 CLC (HCD)
.... the total quantity of such land transferred by such person after the said date amounts to ten standard bighas, he shall be debarred from transferring any more such land." 15. In view of the above provisions of law the learned Subordinate Judge held that the plaintiffs, did not acquire title in m......a 45.00 came to the khas possession of the Chatterjee landlords. Whether they possessed the land by cultivation physically or not as soon as the holding was surrendered, the possession of the land in law reverted to the khas possession of the landlords. Thus, it cannot be said that the plaintiff fai..Category: Property Law | Date: | Hits: 70
Refazuddin Mondal Vs. Abdul Razzaque @ Rezaul Karim & others, 1989, 18 CLC (HCD)
....judgment pronounced by the Courts below as well as evidence and other materials on record. There is no doubt that the principle of res judicata can have application in a pre‑emption proceeding. The provision laid down in section 141 of the Code of Civil Procedure speaks that in original matter in ......sional jurisdiction of this Court and obtained the present Rule. 5. The learned Advocate appearing for the petitioner has assailed the judgment and order of the learned Subordinate Judge as bad in law, illegal and liable to be set aside. It is further urged that the learned Subordinate Judge fail..Category: Property Law | Date: | Hits: 68
Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)
.... 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. ......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 guns, daos, halanga, lathies etc. forming an unlawful assembly encircled the informant's bishra. On the order of Matbar Ali, Giasuddin and Almas fi..Category: Criminal Law | Date: | Hits: 68
Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)
....le of the defendants to building houses on the land belonging to plaintiff's predecessors‑in‑title and the licensees have erected a work of permanent nature on the site and as such in view of the provision of section 60 of the Easements Act the defendants were not liable to ejectment. That was a......Bank account, that he constructed the first‑floor at a cost of Tk. 1,24,455.00. He proved the letter of IDBP sanctioning the loan dated 20.11.70 which was marked as Ext. 2. He also proved the bye‑laws of the Shilpa Bank which was marked Ext. 3, that he had vouchers for purchase of materials for ..Category: Property Law | Date: | Hits: 110
Haji Md. Ishaque and others Vs. Rupali Bank, 1990, 19 CLC (HCD)
....ecree passed in the suit was not fraudulent. Any payment during the pendency of the suit to the plaintiffs without any order from the Court cannot be adjusted against the claim in the suit. Under the provision of Order XXIII rule 3 of the Code of Civil Procedure if the defendant can satisfy the Cour......uit. Under the provision of Order XXIII rule 3 of the Code of Civil Procedure if the defendant can satisfy the Court that the claim in the suit had been adjusted or satisfied wholly or in part by any lawful agreement or compromise then the Court shall pass a decree in terms of such compromise. But n..Category: Procedural Law | Date: | Hits: 67
.... categories: (i) charters by demise, (ii) time charters (not by way of demise) and (iii) voyage charters. The last category is most commonly concerned with charters for a single voyage, but sometimes provision is made for a specific number of consecutive voyages or for as many voyages as the vessel ......he ownership and control or for that matter the possession, of the vessel remains with the owner and not with the charterer. For that reason also the plaintiff cannot attach the vessel. It is settled law that a property to be attached before judgment must be the property of defendants. The learned A..
Category: Admiralty Law or Maritime Law | Date: | Hits: 186
Mozammel (Md.) Huq Vs. State, 1990, 19 CLC (HCD)
....26 of the Special Powers Act as also under section 156(1)(8) of the Customs Act. 7. The teamed Assistant Attorney‑General, by reference to section 29 of the Special Powers Act submitted that the provisions of the Code of Criminal Procedure, so far only as they are not inconsistent with the prov...... AKM Shamsul Karim Assistant Attorney General ‑ For the State. Criminal Appeal No. 174 of 1987. Judgment Amin‑ur‑Rahman Khan J. - This appeal has been heard on the preliminary point of law raised on behalf of the appellant. 2. The appellant along with 3 others was tried by the Spec..Category: Criminal Law | Date: | Hits: 52
Anu Bala Vs. Upazila Nirbahi Officer, Perojpur and Others, 1990, 19 CLC (HCD)
.... this Court in condoning the delay in filing the Title Appeal No. 127 of 1988 observed that though the law of limitation makes no distinction between a private person and Government except in certain provision like Article 149 of the Limitation Act, yet in dealing with an application under section 5......ons at different offices and ultimately final order was passed on 2.5.90 permitting to file the appeal. Thereafter, the memorandum 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 t..Category: Limitation Law | Date: | Hits: 192
....for a Rule Nisi calling upon the Respondents to show cause as to why the impugned legislations as of Annexure 'B' and the Ordinance Annexure U should not be declared as void and inconsistent with the provisions of the Constitution as having been passed without lawful authority and is of no legal eff...... to why the impugned legislations as of Annexure 'B' and the Ordinance Annexure U should not be declared as void and inconsistent with the provisions of the Constitution as having been passed without lawful authority and is of no legal effect and also prayed for an ad‑interim order staying the ele..
Category: Constitutional Law | Date: | Hits: 229
Kutub Uddin Bhuiyan and others Vs. Sakhina Bibi and others, 1990, 19 CLC (HCD)
.... as proposed by the application under Order 6 rule 17 C.P.C. In the result, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 601.......ve any reason for rejecting the application for amendment. He further submits that the amendment was just and necessary for proper adjudication of the title, and the Court below committed an error of law in the decision occasioning failure of justice in not noticing that the petitioners were not imp..Category: Property Law | Date: | Hits: 92
Abdur Rahman Vs. Shahanara Begum, 1990, 19 CLC (HCD)
....inued by the plaintiff petitioner in the Court of the Subordinate Judge and that she is not entitled in law to file and maintain the suit in the Family Court for the self‑same relief in view of the provision of section 27 of the Ordinance. 5. Mr. Mozammel Hossain, learned Advocate for the oppos......that the petition in a pauper case is the plaint of the suit and as such the case was to be continued by the plaintiff petitioner in the Court of the Subordinate Judge and that she is not entitled in law to file and maintain the suit in the Family Court for the self‑same relief in view of the prov..Category: Civil Law | Date: | Hits: 106
Abul (Md.) Kashem & others Vs. Ashrafuzzaman, 1990, 19 CLC (HCD)
....€‘matter of any suit has been wrongly valued it may revise the valuation and determine the correct valuation and may hold such inquiry as it thinks fit for such purpose" it appears from the aforesaid provision that it is in the discretion of the Court to hold the inquiry to determine the correct val......ntiffs were entitled to value the relief on the basis which was beneficial to them and they had described the value accordingly. In that decision it was further held that the Court Fees Act, a fiscal law, should be interpreted in favour of the litigant. Obviously the Court in that decision meant tha..Category: Civil Law | Date: | Hits: 94
Afsar Ali Chowdhury and others Vs. The People's Republic of Bangladesh, 1990, 19 CLC (HCD)
.... with approval. We find no substance in this application which is thus, rejected summarily. The stay granted earlier is here by vacated. Ed. This Case is also Reported in: 43 DLR (1991) 593. ......ved before this court. 5. Mr. Jamiruddin Sircar, the learned Counsel who moved this application submitted that the application under Order 7 rule 11 was rejected by the Court on a misconception of law and therefore, the said need be set aside. In elaborating this point the learned Advocate submit..Category: Civil Law | Date: | Hits: 87
Afsar (Md.) Vs. Moulvibazar Pourashava and others, 1990, 19 CLC (HCD)
....Subordinate Judge has committed serious error of law in disallowing the Misc. Case by the impugned order without applying his judicial mind to the facts and circumstances of the case and the relevant provisions of law namely Order XLVII rule 1 of the Civil Procedure Code and in deciding the case wit...... Advocate for the plaintiff petitioner seriously assails the impugned judgment and order of the learned Subordinate Judge and submits that the learned Subordinate Judge has committed serious error of law in disallowing the Misc. Case by the impugned order without applying his judicial mind to the fa..Category: Trust/Waqf Law | Date: | Hits: 181
Yakub (Md.) Ali Howlader Vs. Abdur Rab Munshi, 1990, 19 CLC (HCD)
....reject a nomination paper if he is satisfied that the candidate is not qualified to be elected as Chairman or the proposer or the seconder is not qualified to subscribe to the nomination paper or any provision of rule 10 or rule 11 has not been complied with; or the signature of the proposer or the ...... further seen that the Returning Officer after scrutiny shall, if rejecting a nomination paper, give reasons for doing so but in case of acceptance no such reasoning need to be given but the relevant law also does not make that acceptance to be final as in case of rejection, when finality attaining ..Category: Election Law | Date: | Hits: 156
Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)
....another Vs. the Crown, reported in PLD 1956 (Lahore) 157, it has been observed that "the offence of murder having been committed after the offence of house‑breaking terminated, will not attract the provision of section 460 PC and held that section 460 was in applicable." Thus it appears that invok......me and the manner of occurrence as alleged by the prosecution by cogent, reliable and sufficient evidence and as such the impugned judgment and order of conviction and sentence cannot be sustained in law and also on facts. Thereafter, it is contended on behalf of the appellants that their conviction..Category: Criminal Law | Date: | Hits: 82
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