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Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
.... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ......94) 133 ......u Bala were made parties in place of deceased Nanibala Ghose. The trial Court considered the version of the plaintiffs that they were never known by these names and they produced their documentary evidence to show that they are known as Rekha, Sikha and Usha. Certified copies of the school regis..Category: Property Law | Date: | Hits: 130
Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)
....r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ...... both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ......oid prejudice as the primary consideration in the amendment of written statement is the determination of real controversy between the parties. 10. From the materials on record, it appears that the evidence on the side of the plaintiff's having been closed and all the plaintiffs witnesses having b..Category: Tenancy Law | Date: | Hits: 81
Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
....he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ......y Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ......ence of a fresh agreement of lease, the relationship of landlord and tenant between the parties had come to an end and the appellant had no legal right to stay in the demised premises. Discussing the evidence on record the trial Court held that the second notice dated 18.10.81 was validly served upo..Category: Tenancy Law | Date: | Hits: 87
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ......rt under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ......emand any interest on their claim even in their Notice for the reference and appointment of the Arbitrator. As to the claim for compensation, their contention is that the award was made without any evidence and, as such, it is liable to be set aside. We shall first examine the principal question ..Category: Business or Commercial Law | Date: | Hits: 98
Syed A Jalil Vs. Mahbub Alam (Babul) and others, 1994, 23 CLC (AD)
.... of competent witnesses including the Presiding Officers concerned should be recorded. With these observations this petition is dismissed. This case is also reported in: 46 DLR (AD) (1994) 96 ...... petition is dismissed. This case is also reported in: 46 DLR (AD) (1994) 96 ......ated 12 May 1993. Petitioner is now seeking leave to appeal from this order of the High Court Division. 2. Mr. AK Badrul Huq, learned Advocate for the petitioner, has contended that no evidence has yet been recorded in the Election case and no foundation for recounting has been esta..Category: Election Law | Date: | Hits: 119
Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
....f the respondent from service from the date of the order of dismissal. CA No. 51 of 1992 is dismissed. No cost in either case. Ed. This case is also reported in: 46 DLR (AD) (1994) 85. ....... 51 of 1992 is dismissed. No cost in either case. Ed. This case is also reported in: 46 DLR (AD) (1994) 85. ......dered reinstatement of the respondent to the post from which he was dismissed. Dr. Hossain in pressing the appeal of the respondent, besides pointing out the finding of the Tribunal that there was no evidence of any dishonest intention or any collusion on the part of the respondent, referred to cert..Category: Administrative Law | Date: | Hits: 143
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ......esent case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ......and 379 of the Penal Code. The Informant filed a naraji-petition before the Haluaghat Thana Magistrate alleging that some other accused persons were excluded from the charge‑sheet in spite of evidence against them and praying that charge‑sheet should be submitted under appropriate law..Category: Criminal Law | Date: | Hits: 98
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ......certainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ......te of the suit, in addition to interest during the pendency of the suit and also interest from the date of the decree till payment of the decretal amount. 4. The trial Court upon consideration of evidence, oral and documentary, held that the price of each car was Taka 2.30 lac as agreed upon bet..Category: Business or Commercial Law | Date: | Hits: 128
Kalu Mondal Vs. Begum Fazilatun Nessa, 1994, 23 CLC (AD)
....d with costs. The judgments of the High Court are set aside and those of the trial Court are restored. Ed. This case is also reported in: 46 DLR (AD) (1994) 53 ......re restored. Ed. This case is also reported in: 46 DLR (AD) (1994) 53 ......ance, legal consequence flowing therefrom cannot be averted." On the basis of the above noted observation the learned Advocate submitted that the trial Court on consideration of the evidence of the case and the supervening circumstances as disclosed from the evidence arrived at a ..Category: Property Law | Date: | Hits: 79
Ramani Marak and another Vs. Jamini Marak and others, 1994, 23 CLC (AD)
....no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ...... This case is also reported in: 46 DLR (AD) (1994) 51 ......turn to the findings of the learned Judges of the High Court Division on the basis of which the injunction has been granted we find that it has been clearly found by them by referring to the evidence of defendant that "She was not in possession of the suit land but ..Category: Property Law | Date: | Hits: 61
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
.... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ......der are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ......n or undue influence, it was given to him on due consideration of his application for retirement, and the application was submitted out of his own free volition. These facts are proved by the further evidence that on his release" at his own request", respondent instead of challenging the impugned or..Category: Employment/Service Law | Date: | Hits: 126
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
.... 103 of the Constitution. The cases cited on behalf of the petitioner has no relevance in the instant case. The petition is dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 43.......ourt Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Rear Admiral AA Mustafa..........Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Defence, Old High Court Building, Dhaka .................... Respondent Judgment ......to naval vessels, the Government, in all fairness ought to have initiated a proceeding against the petitioner and given him an opportunity to explain his case. 4. In his application for additional evidence, the petitioner states that he came to know that the actual order passed by the acting Pres..Category: Employment/Service Law | Date: | Hits: 107
Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)
....dge found, vide his judgment and decree dated 21.9.79, that there was no cogent evidence as to the amount that was due from the respondents. He rejected the documents produced by the petitioner as inadmissible. Relying on Ext. 7(d), a letter written by respondent No. 2, the learned Additional Di......ed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ...... and it was found necessary to reduce the claim as some payments were made earlier. The learned Additional District Judge found, vide his judgment and decree dated 21.9.79, that there was no cogent evidence as to the amount that was due from the respondents. He rejected the documents produced by ..Category: Banking Law | Date: | Hits: 125
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ......to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ......n the lowest post of that Service". The writ petitioners claimed that their service was not earlier organised on junior and senior scale arrangements as referred to in Rule 3(a); but there is no evidence to show that their service was not earlier organised on this basis. It is their case, which..Category: Employment/Service Law | Date: | Hits: 97
Amjad Molla Vs. Syeduzzaman Molla and others, 1994, 23 CLC (AD)
....re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17 ...... to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17 ......endor Amatunnessa had sold only 0.3 decimals of land but the appellant fraudulently got inserted in his sale-deed an area of 28 3/4 decimals. 3. The Sessions Judge on consideration of evidence of 11 witnesses examined by the prosecution, no witness having been examined by the defenc..Category: Criminal Law | Date: | Hits: 61
Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
....nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ......f her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ......jority while deciding question of custody of an alleged minor girl pending criminal proceeding under sections 363/366A of the Penal Code, (3) and that the learned Judges in disregard of the competent evidence of the father as to the age of the girl and the school certificate in that behalf erroneous..Category: Criminal Law | Date: | Hits: 68
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
....unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ...... Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ......fficers mentioned in sub-regulation (iii). These officers are in senior officers of the Bank whose salaries and allowances are determined by, or require the approval of the Government. There is no evidence that the appellant fell within this class of officers. In view of the provisions of law we..Category: Administrative Law | Date: | Hits: 149
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ......sh the structure, if any, already constructed. Ed. ...... as regards the inconvenience of the petitioner and the inhabitants of locality for the alleged pollution of environment cannot be measured and determined without necessary evidence and if respondent No. 2 approves the plan submitted by the respondent No. 1 and if the con..Category: Environmental Law | Date: | Hits: 293
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ......dge. Accordingly, the appeal is dismissed with costs. Ed. ......hers. ............. Appellants Vs. Abdul Wadud Sikder and others...................Respondents Judgment March 16, 2006. Adverse Possession No positive evidence has been led by the plaintiff to establish from what point of time he started to possess ..Category: Property Law | Date: | Hits: 59
Serajul Islam & others Vs. Md. Abdur Razzaque Chowdhury and another, 2006, 35 CLC (AD)
....tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ......er, this petition merits no consideration Accordingly, it is dismissed. Ed. ......The State Acquisition and tenancy Act, 1951 (XXVIII of 1951), Section 143 The Limitation Act, 1908 (IX of 1908), Section 120 Since possession of the plaintiff has been proved by oral evidence and otherwise, the suit is not barred by limitation for bringing the suit beyond six years..Category: Property Law | Date: | Hits: 43
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