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Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)
....e, 1st Class, Tangail on December 31, 1994 alleging, inter alia, that he, his brothers and sisters inherited land measuring 4.59 acres and enjoying the said land on payment of rent, that the opposite parties i.e. appellants herein and 8(eight) others, showing the complainant as opposite party No 2 f......heikh before the Court of Magistrate, 1st Class, Tangail on December 31, 1994 alleging, inter alia, that he, his brothers and sisters inherited land measuring 4.59 acres and enjoying the said land on payment of rent, that the opposite parties i.e. appellants herein and 8(eight) others, showing the c......try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ..Category: Criminal Law | Date: | Hits: 48
Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)
....m Mollah, and the Jail Appeal Nos. 490 of 2002 and 493 of 2002 filed by Rabiul Mollah). 2. By the aforesaid judgment the High Court Division rejected the Death Reference and allowed the appeals in part. The High Court Division commuted the sentence of death passed in respect of the convicts Idris......ame sentence of fine was passed by the trial Court) in default to suffer rigorous imprisonment for 6 months more (the trial Court awarded 2 (two) years rigorous imprisonment in case of default in the payment of fine Taka 10,000). 9. Prosecution case was that in the night of April 13 and 14, 1997 ......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ..Category: Criminal Law | Date: | Hits: 63
Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)
....Upazila Administration Re-Organisation) Ordinance, 1982 (Ordinance No. 59 of 1982) Section 6(2)(f) Considering the evidence that has been adduced in this case it is found that the respondent was a party to a contract with the Upazila Parishad and his pecuniary interest had continued at the time w......d separately by each member thereof, or in the event of the absence of any partner it must be signed on his behalf by a person holding a Power of Attorney authorising him to do so. 2. Receipts for payments made to a firm must be signed by the several partners, except in the case of well known and......lt, therefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120...Category: Election Law | Date: | Hits: 134
Channel Cinema Ltd. Vs. Chowdhury Golam Malek, 1989, 18 CLC (AD)
....the case, we are of opinion that the cause of justice will be not furthered, rather it will be hampered if the matter is sent back to the appellate Court for re-consideration of the evidence of the parties. 10. The plaintiff examined its accountant P.W. 1, Abdul Jalil, its two Supervisors P.W.2......peal by special leave, at the instance of the plaintiff-appellant M/s. Channel Cinema Ltd., a private limited company, has arisen out of a suit for eviction of the tenant on the grounds of default of payment of rent and the Company's bona fide requirement of the premises. 2. The Company's case is......of the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ..Category: Property Law | Date: | Hits: 64
Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)
....1st March, 1987 but respondent No.1 did not pay that installment. The High Court Division discharged the Rule after holding that the repayment of the loan means repayment of the entire loan and not a part or instalments of the loan and respondent No.1 had time to pay the loan upto 31st March, 1990...............Respondents Judgment November 15, 1989. Result: The appeal is allowed. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), section 7(2)(g) Default in the payment of any loan has been made a disqualification to be elected or to be nominated to the electio......dents Judgment November 15, 1989. Result: The appeal is allowed. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), section 7(2)(g) Default in the payment of any loan has been made a disqualification to be elected or to be nominated to the election of a Chairman..Category: Election Law | Date: | Hits: 124
Comilla Electric Supply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)
....mstances namely "while the assessee company was conducting its business of the generation and supply of electricity in the town of Comilla, EPWAPDA started parallel electric line. For want of spare parts, etc. the assessee company was facing difficulty in meeting the demands of its customers. Th......the Government in the town of Comilla. The appellant carried on business upto 31-8-63. Thereafter the then Water and Power Development Authority (WAPDA) took over all the assets of the Company on payment of compensation of Tk. 7,37,031/-The appellant received money and the price was decided as......Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ..Category: Fiscal/Taxation Law | Date: | Hits: 80
Sonali Bank Vs. Mahbubul Amin and another, 1989, 18 CLC (AD)
.... recovery of an amount of Tk.97,750.00. The suit was decreed by judgment dated 26.8.86 in the following terms: "That the suit be decreed on contest against the defendants 1-3 with costs and ex parte against the rest without costs. The plaintiff do get Tk. 97,750/- with interest @ 15% per annu......e against the rest without costs. The plaintiff do get Tk. 97,750/- with interest @ 15% per annum till realisation." 3. The appellant calculated interest from the date of the decree to the date of payment and cost and the total decretal amount, according to it, came to Tk. 1,07,095.00. On 13.11.8......sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ..Category: Civil Law | Date: | Hits: 113
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....f the Act was served in the locality or on the plaintiffs as required by law for acquisition. An Additional Deputy Commissioner (Development) passed an order to serve fresh notice on the opposite parties under the said sections, being satisfied that no such notices were served before, but the fi......the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ......the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ..Category: Property Law | Date: | Hits: 38
Ahsan Sarfun Nur @ Mukul others Vs. Nurul Islam Sarder and another, 1989, 18 CLC (AD)
....ugned judgment and order are set aside. Let Criminal Revision No. 180 of 1986 be heard and disposed of afresh in accordance with rules. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 90. ......ugned judgment and order are set aside. Let Criminal Revision No. 180 of 1986 be heard and disposed of afresh in accordance with rules. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 90. ......ugned judgment and order are set aside. Let Criminal Revision No. 180 of 1986 be heard and disposed of afresh in accordance with rules. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 90. ..Category: Criminal Law | Date: | Hits: 40
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....x-facie without jurisdiction. The High Court Division could itself interfere, notwithstanding correctly observing that there was an alternative remedy under section 7 of the Ordinance, in view of the particular facts of the case. Having entertained the writ petition when court of Settlement was not ......nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ......nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ..Category: Property Law | Date: | Hits: 54
Serina Begum and anr. Vs. Mofizul Islam and others, 1989, 18 CLC (AD)
....pplication. Facts may be noted Kabala under pre-emption is dated 8.4.74. Pre-emption case was filed on 2.5.74. Written objection was filed on 30.11.74. It was contended that the pre-emptor opposite party No. 1 had no opportunity in deposit the balance consideration with statutory compensation with......rayer. The High Court Division was correct in taking the view. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 77. ......rayer. The High Court Division was correct in taking the view. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 77. ..Category: Property Law | Date: | Hits: 32
Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)
.... the Government by a deed of transfer in April’ 1977. The land was acquired for erection of multi-storied school building including Science Building, humanities, commerce and technical training departments, students hostels, residences of teachers, students library, common room, swimming pool ......pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ..Category: Civil Law | Date: | Hits: 130
Reazul Hoque Molla Vs. Afizullah Mollah @ Shafiuddin Molla & others, 1989, 18 CLC (AD)
....r to the Court of Assistant Judge, Monohordi. Danis Ali Molla died during pendency of the suit and his heirs including the appellant (a son) were substituted in his place. The suit was decreed ex parte on 31.1.83. The appellant filed an application under Order 9, rule 13 C. P. C. for setting asi......that the appellant had full knowledge of the proceeding but even then he did not come to contest the suit. The learned Assistant Judge by order dated 29.5.84 allowed the Miscellaneous Case subject to payment of Tk. 200/- by the appellant to the plaintiff. Plaintiff then went in revision against the ......the submission made by the learned Advocate for the appellant. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 74...Category: Procedural Law | Date: | Hits: 88
Shah Alam Mollah (Md) Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & others, 1989, 18 CLC (AD)
....k the view that the impugned order so far as it relates to the recounting of votes of Munshirhat High School Centre was passed without lawful authority and accordingly the rule was made absolute in part. 4. At the time of hearing of the leave petition the learned advocate for the appellant mad......pellant. In any view of the matter, there is no merit in this appeal which is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 73. ......pellant. In any view of the matter, there is no merit in this appeal which is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 73. ..Category: Election Law | Date: | Hits: 125
Moslema Khatun and others Vs. Ishaque (Md) and others, 1989, 18 CLC (AD)
.....- The appellants are defendant Nos. 1-4 in Other Suit No. 245 of 1984 of the Court of Assistant Judge, Cox's Bazar. The Suit was filed by plaintiff-respondent No. 2 for declaration of title to and partition of the suit land. On the application of the appellants, an Advocate Commissioner was app......ns taken or to be taken by the parties including defendant No. 5. The appeal is accordingly disposed of without any order as to Cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 72. ......ns taken or to be taken by the parties including defendant No. 5. The appeal is accordingly disposed of without any order as to Cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 72. ..Category: Procedural Law | Date: | Hits: 94
Republic of Pakistan (Now Bangladesh) Vs. A.N.M. Serajul Haque, 1989, 18 CLC (AD)
....e decision of the Screening Committee………..(9) Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record.—For the Appellant. Ex parte—Respondents. Civil Appeal No. 160 of 1983. (From the judgment and order dated 28.3.83 ......ith immediate effect from service on charges of having reputation of being corrupt. 2. In the event of his conviction in the legal proceedings, if any, to be instituted hereafter the liability for payment of pension or proportionate pension as the case may be would be reconsidered and the Gov......sion without taking into consideration effect of Exhibit A. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ..Category: Employment/Service Law | Date: | Hits: 80
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
.... June 5, 1989. Result: The appeal is dismissed. The Limitation Act, 1908 (IX of 1908), section 13 and Article 113 No date having been fixed for performance of the contract, the second part of column 3 of Article 113 will apply to the case i.e. time will begin to run when the plaintif......urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ......urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ..Category: Procedural Law | Date: | Hits: 132
Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)
.... original CS plot beforehand but that demarcation of plaintiff’s share out of S.A. plot No. 1162 will be done by the advocate commissioner before final decree having regard to all the principles of partition and the defendants can take objection, if any, before the decree is made final…………......na, Mouza Ramna S. A. Khatian No. 174 S. A. Plot No. 1162 Nature of land Pucca house, Area .4264 Ajutangsha." 3. The learned Subordinate Judge decreed the suit fully in preliminary form subject to payment of advolorem Court Fee on the valuation of the suit by judgment and decree dated 23.6.79. On......bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ..Category: Property Law | Date: | Hits: 32
Sayesta Bibi and others Vs. Juma Sha and others, 1989, 18 CLC (AD)
....ondents Judgment June 21, 1989. The Partition Act, 1893 (IV of 1893), section 4 The suit property never lost its character of an undivided homestead because there had admittedly been no partition by metes and bounds by any previous arrangement. There is no time limit for filing an appl......permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is dismissed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ......permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is dismissed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ..Category: Property Law | Date: | Hits: 45
Khaleda Roushan Ara Vs. Nurul Huq (Md.), 1990, 19 CLC (AD)
....On that date the defendant filed an application for adjournment with a medical certificate on the ground of illness. The prayer for adjournment was, however, not granted and the suit was decreed ex-parte on that date. Thereafter on the appellant's application under Order 9, rule 13 of the Code of ......e in the contentions of the appellant and hence set aside the judgments and orders of the Courts below and allowed the Miscellaneous Case and restored the Title Suit to its file and number subject to payment of Taka 2,500/- towards the respondent's legal expenses…………………(5) Lawyers In......dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ..Category: Property Law | Date: | Hits: 38
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