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Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)
....rotect the tenant from ejectment for default. 2. Respondent landlord created a monthly tenancy in favour of the appellant by letting a shop room in the Balaka Building tinder an Agreement of Lease dated 1 September 1978 for the period ending by 31 December 1983 at a rent of Tk.600/- per month, wh...... 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
Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
.... by Md. Aftab Hossain, Advocate-on-Record— For the Respondent No.1. Respondent No. 2 — Ex-parte. Civil Appeal No. 34 of 1987. (From the Judgement passed by the High Court Division Dhaka dated 8.4.87, in Writ Petition No. 120 of 1985). Judgment: A.T.M. Afzal J. — This appeal by ......s of promotion unless it can be shown that the selection for promotion has been in violation of any law or minted with any debilitating factor, namely, bias, malafide or unfairness. 13. Upon a scrutiny of the relevant A.C.Rs, and the matter before us we do not think that the appellant can j..Category: Employment/Service Law | Date: | Hits: 89
Samiruddin Ahmed alias Samir Mia alias Md. Samiruddin Vs. State, 1987, 16 CLC (AD)
....e offence under section 448 Penal Code and accordingly convicted; him thereunder and sentenced him to a fine of Tk.1000/- in default to rigorous imprisonment for one month-by his judgment and order dated 25.4.83. He further directed the appellant under section 522(1) of the Code of Criminal Proc......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 Jalil Vs. Bangladesh House Building Finance Corporation & another, 1989, 18 CLC (AD)
....e with him, instructed by Md. Altab Hossain, Advocate-on-Record—For the respondent No. 2. Civil Appeal No. 6 of 1988 Judgement: A.T.M. Afzal J. — This appeal by leave is from an order dated 27 October, 1987 passed by a Division Bench of the High Court Division, Dhaka rejecting th......im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109..Category: Property Law | Date: | Hits: 30
Sanatannessa Bewa Vs. Haipatullah Sarker & others, 1989, 18 CLC (AD)
.... & 4. Not represented- Respondent Nos. 2, 3 (a) to 3(e). Civil Appeal No. 57 of 1987. Judgement: A.T.M. Afzal J. — Plaintiff is the appellant. Leave to appeal was obtained from order dated 24.10.1983 passed by a Single Judge of the High Court Division, Rangpur Bench in Second Appeal......ppellant was prevented by sufficient cause from appearing when the appeal was taken up for hearing dismissed the petition for restoration holding that there was no merit in the appeal. 3. Upon a scrutiny of the relevant orders, it appears that the grievance is not entirely justified. It is true..Category: Procedural Law | Date: | Hits: 96
Soleman Miah & others Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors, 1989, 18 CLC (AD)
....e Code of Civil Procedure which was rejected by the Learned Munsif on 9.1.85. This order has been upheld in revision by a single judge of the High Court Division, Sylhet Bench by the impugned order dated 11th February 1985. 2. Leave was granted to consider whether the stay of execution of the d......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..Category: Civil Law | Date: | Hits: 106
Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....9-11. Civil Appeals Nos. 77 and 78 of 1984 Judgement Shahabuddin Ahmed J.- These two appeals by special leave, at the instance of the plaintiffs, have arisen out of a judgment and decree dated 5 April 1984 of the High Court Division (Comilla Bench) modifying the judgment and decree date......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
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 ......hows the claim was for customary right and not customary easement. 12. Mr. M.H. Khandker, learned Counsel for the appellants, has made much of his grievance out of this apparent distinction but on scrutiny the submission appears to be on a distinction without any difference. 13. Although the..Category: Property Law | Date: | Hits: 36
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....ent of Returning Officers, Assistant Returning Officers, Presiding Officers and Polling Officers for the conduct of election, and powers and duties of such officers; (b) the nomination of candidates, objections to nominations and scrutiny of nominations; (c) the deposits to be made by ......Returning Officers, Presiding Officers and Polling Officers for the conduct of election, and powers and duties of such officers; (b) the nomination of candidates, objections to nominations and scrutiny of nominations; (c) the deposits to be made by candidates and the circumstances under ..Category: Election Law | Date: | Hits: 165
Executive Engineer, Public Health, Barisal Division Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)
....of 1980 in the Court of Munsif, Second Court, Barisal for a declaration that defendant No.2 Superintending Engineer, Public Health Engineering, in short P.H.E., Khulna Circle by his Memo N0.1207/KC dated 25.4.1977 (vide Annexure-A) illegally initiated a departmental proceeding against him and by h...... appointing authority defendant No. 1, did not file any written statement. He is also not the appellant before us. The appellate Court considered Ext. 3 by which defendant No. 1 appointed a Board for scrutiny of the plaintiff’s case with an observation that the Chief Engineer alone, as the appoi..Category: Employment/Service Law | Date: | Hits: 103
....ocate-on-Record— For Respondent Nos. 1-3.
Not represented. —Respondent Nos. 4-3 & 10-11.
Civil Appeal No. 3 of 1988
Judgement
Badrul Haider Chowdhury J. — Appellant was a candidate for election to the office of Chairman of Borashi Union Parishad in the district of Gopalganj w......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
..
Category: Election Law | Date: | Hits: 212
Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)
....t moratorium from the High Court and for that purpose submitted a Scheme of Arrangement duly approved in a general meeting of the creditors. The Court sanctioned the Scheme of Arrangement by an order dated 4th August, 1950 and allowed the moratorium in terms of the Scheme of Arrangement, but the ban......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..Category: Banking Law | Date: | Hits: 103
Maqbul Hossain & others Vs. Bangladesh Milk Producers’ Co-Operative Union Ltd., 1985, 14 CLC (AD)
....instructed by Syed Sakhawat Ali, Advocate-on-Record—For the Appellant. Ex-parte—For the Respondent. Criminal Appeal No. 8 of 1984. (From the judgment and order dated 27.10.83 passed by the High Court Division in Criminal Appeal No. 307 of 1983.) ......t, therefore, this appeal is allowed and it "is remanded to the High Court Division for disposal in accordance with law. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 38. ..Category: Labour and Industrial Law | Date: | Hits: 98
Bangladesh Vs. Jalaluddin Ahmed, 1985, 14 CLC (AD)
..... W. Mian, Advocate-on-Record- For the appellant. Shahabuddin Ahmed, Advocate-on-Record— For the respondent. Civil Appeal No. 49 of 1983. (From the Judgment and Order dated 10 August 1981 passed by the High Court Division in F.M.A. No, 142 of 1974). Judgment......igh Court Division is set aside and that of the trial court is restored. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 27. ..Category: Civil Law | Date: | Hits: 111
Ram Chandra Das & others Vs. Md. Khalilur Rahman & another, 1984, 13 CLC (AD)
.... Chaklader, Advocate-on-Record—For the appellants. B.N. Chowdhury, Advocate instructed by Kazi Ebadul Hague, Advocate-on-Record. Civil Appeal No. 2 of 1983. (From the Judgment and Order dated March 25, 1982 passed by the High Court Division, Dhaka in F.A. No. 55 of 1978.) Judgment ......f Tk. 15,000/- as solatium in addition to the balance consideration money. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 21, 1985 BLD (AD) 41. ..Category: Civil Law | Date: | Hits: 109
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
....nd by what is provided in the contract itself but the matter of awarding interest is within the complete 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 cla...... 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. ..Category: Civil Law | Date: | Hits: 110
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
....r Advocate and M.A. Wahab Miah, Advocates with them) instructed by Sharifuddin Chaklader, Advocate-on-Record- For the Respondent. Civil Appeal No. 112 of 1983. (From the judgment and decree dated 23rd January, 1983 passed by the High Court Division Dhaka 10 First Appeal No. 94 of 1979.) ......me to an end and belated attempt of the defendant for making the payment by cheque of Tk. 14,000/- shows that the partnership firm has not been dissolved. The argument is attractive but does not bear scrutiny either on fact or in law. To put it concisely there had been four period of this business: ..Category: Business or Commercial Law | Date: | Hits: 114
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
.... A.W. Bhuiyan, Additional Attorney General, instructed by B Hossain, Advocate-on-Record —For Respondent Nos. 6-8. Civil Appeal No. 3 of 1983. (Form the Judgment and Decree dated 11 8.82 passed by the High Court Division, in First Appeal No. 32 of 1978.) Judgment ......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. ..Category: Property Law | Date: | Hits: 36
Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....For the Appellant. S. R. Pal, Senior Advocate with him instructed by Syed Sakawat Ali, Advocate-on-Record—For respondent Nos. 1 & 2. Civil Appeal No. 101 of 1903. (From judgment and dated 15-03-83 passed by the High Court Division Jessore Bench in First Appeal No. 6 of 1980.) J......upon taking such fresh evidence as may be necessary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ..Category: Property Law | Date: | Hits: 99
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
....nbsp; by Courts and the Court is not concerned with the nature of value of the consideration. ………….(21) The plaintiff cannot make a grievance to invalidate the documents executed by him in pursuance of a compromise…………&hel...... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ..Category: Property Law | Date: | Hits: 42
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