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Abdul Momen Bhuiyan Vs. Haji Payez Ali Mia and others, 1990, 19 CLC (HCD)

....posit the rest of the amount within two months there from. The impugned provision of law contemplates a loan and the default in repaying the loan and the allowable time for such petitioner. 7. Undisputed position comes to that the petitioner took loan from the specified Bank, namely Sonali Bank......us, for the reasons stated above, we do not find any substance in this petition. Accordingly, the petition is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 97. ..

Category: Election Law | Date: 5 Mar, 1990 | Hits: 136

Momin Miah & another Vs. Moinuddin Hossain & another, 1989, 18 CLC (AD)

....he Bank the latter is not under any obligation to stay the execution proceeding. 3. We have heard Mr. Maksum-ul-Hakim, learned Counsel for the Bank, respondent No.2. Facts as given above are not disputed. In the Agreement for sale of the suit land, the bank was not directly a party, but it is t......ty in dispute, that is, item No.1 of Sched­ule 'B' of the Compromise petition (as in T.S. No.319 of 1986). No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 175 ..

Category: Contract Law | Date: 4 Dec, 1989 | Hits: 222

Circle Officer, Sutrapur Vs. Mohammad, 1989, 18 CLC (HCD)

.... the Rule is made absolute without any order as to cost. Let a copy of this judgment be sent to the District Judge, Dhaka immediately. Ed. This Case is also Reported in: 43 DLR (1991) 84. ......ten statement denied the allegations made in the plaint. The case for the Government (Defendants) is that the suit property (being a tank measuring more than 4 bighas of land) is recorded in the khas khatian not of the Collector, Dhaka. Zamindar Manmatha Bennerjee purchased the estate including the ..

Category: Limitation Law | Date: 9 Aug, 1989 | Hits: 178

Ziaul Hoque Vs. Election Commis­sion, 1990, 19 CLC (HCD)

....and this case is not only vexatious but to harass his client and cause loss to him. He further submitted that since name of his client has been published in the official Gazette and the case involves disputed question of fact the writ petition is not maintainable. 7. In this case admittedly del...... is discharged with compensatory cost of Tk. 5,000/‑ (Taka five thou sand) only to be paid to the respondent No. 5 by the petitioner. Ed. This Case is also Reported in: 43 DLR (1991) 9. ..

Category: Election Law | Date: 14 Jun, 1989 | Hits: 98

Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)

....er of injunction passed in Title Suit No.233/80. 2. Considering all these facts, the Court unanimously decides that Meher Ali, Ful Chand, Rustam, Dil Mohammad and Ali Hossain be evicted from the disputed land (i.e. plot No.131 and 132) and the Court also decides and orders that the distribution......inate Judge, Narayanganj is directed to dispose of T.S. No.56 of 1984 in accordance with law as expeditiously as pos­sible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 357. ..

Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152

Ananda and others Vs. State, 1989, 18 CLC (HCD)

....h Ramjilal. In the circumstances, the conviction of Mohanlal under section 366, Pen­al Code cannot be sustained." 16. The principle as spelt out above is based on sound reasoning and, thus, never disputed. 17. As to the offence of illicit intercourse in the instant case it has been found here......not wanted in connection with any other case. The suo motu Rule for enhancement is dis­charged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533...

Category: Women and Children | Date: 24 May, 1989 | Hits: 143

Mrs. Sajeda Parvin Banu Vs. Government of Bangla­desh and others, 1988, 17 CLC (AD)

....ion which was substituted by the so-called fresh order resulting in the effect in continuing the detention without any break which was the subject matter of the rule. 5. Back to the facts: The undisputed facts that have emerged in course of the proceeding are as fol­lows: On the 14th of Mar......is satisfied that the accused will indulge in preju­dicial activities if he is allowed to remain at large. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ..

Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95

Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)

....s applied by the High Court Division on proper appreciation of facts and correct interpretation of law involved in this case. 6. Facts of the case, though a little complicated, are not seriously disputed except in the case of possession, and as such it is a case mainly involving questions of la......nciple of res judicata and dismissed the suit. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 56. ..

Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106

Sreemati Parul Kusum Roy Vs. Bangladesh & others, 1987, 16 CLC (HCD)

....tition No.73 of 1986. Judgment Amin-ur-Rahman Khan J. - This Rule is directed against the order of the respondent No.3, namely the Upazila Nirbahi Officer, Anowara dated 14.09.85 declaring the disputed properties as vested property on the recommendation of the respondent No.4, namely Upazila,......declared to have been passed without any lawful authority and to be no legal effect. Bimalendu Bikash Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 389. ..

Category: Property Law | Date: 22 Mar, 1987 | Hits: 13

Subitri Bari Vs. Assistant Custodian of Enemy Property & Additional Deputy Commissioner (Rev) Patuakhali & others, 1986, 15 CLC (HCD)

....uently transferred to the Second Court of Subordinate Judge of that place and was renumbered as Title Suit No.4 of 1982. According to the plaintiff's case opposite party No.2 was the owner of the disputed property. He left the territory now comprised in Bangladesh in 1950 leaving the property in......evidence that may be adduced be­fore him. Bimaleodu Bikash Roy Chowdhury J. - I, however, make no order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 172. ..

Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259

Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)

.... 6. The petitioner filed affidavit-in-reply to the affidavit in opposition filed by the respon­dent No.1 and respondent No. 3 and reiterated what was stated earlier asserting further that the disputed fishery falls within the Baralekha Upazilla and a small part of it falls within Ku­laur......eration of this judg­ment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ..

Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247

Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)

....ent of the learned Lower Appellate Court it affirmed. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD)(1987) 228. ...... in the suit land and for a declaration that the order made in vested Property case in respect of the suit land was illegal. His case was that the suite land measuring 3.15 acres appertaining to C.S. khatian No.749of Karaitala Mitha mouza along with other lands originally belonged to one Rahimuddin ..

Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8

Abul Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 1986, 15 CLC (HCD)

....g into the polling booth. The agents were not able to perform their respe­ctive duties as a result of interference by the followers of the opposite party No.1. The Tribunal also found that in the disputed South Dharmapur Centre, the petitioner and the other candidates secured in total only 15 vo......below are affirmed. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 145.                   ..

Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4

Abul Quasem (Md) Vs. Md. Lutfur Rahman, 1985, 14 CLC (AD)

....ted that the work of survey shall, where practicable, be connected with such permanent marks as may exist in the vicinity and that the map prepared shall show the permanent marks, the boundary of the disputed land, the boundaries of adjacent lands so far as may be necessary and the Position Of the S......e rise to any apprehension in the mind of the litigant. In the result, therefore, this petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17; 10 BLD (AD) 3. ..

Category: Property Law | Date: 11 Nov, 1985 | Hits: 44

Mahmljdul Huq Vs. Golam Mowla, 1985, 14 CLC (HCD)

....rcle Officer (Rev) for enquiry and report. In his report dated 17-6-80 the Circle Officer (Rev) stated that he held enquiry g and found that the opposite parties were in if peaceful possession of the disputed huts and that the alleged occurrence was absolutely false. The petitioner filed Naraji and ......h they were quashed by the learned Sessions Judge, Noakhali. Let the L.C. records be sent back immediately. Ed. This Case is also Reported in: 6 BLD (HCD) (1986) 1     ..

Category: Criminal Law, Procedural Law | Date: 30 Jul, 1985 | Hits: 1

Sydul Haque Sowdagar Vs. Abul Kashem Chowdhury and others, 1985, 14 CLC (HCD)

....ell as examined the papers filed by the defence. It is in the order dated 1.1.83 that complainant has not been able to produce any paper or document in support of his title and posses­sion in the disputed land and is unnecessarily harassing the accused persons. In the said order dated 1.1.83 it ......shy;dings before the Special Tribunals. In the result, the Rule is discharged. Md. Abdul Jalil J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 14.   ..

Category: Criminal Law | Date: 23 Jul, 1985 | Hits: 1

Md. Azimuddin Pramanik & others Vs. Sree Satya Narayan Pramanik & others, 1985, 14 CLC (AD)

....rned Single Judge has relied upon the case of Yakub Ali Mondal V Akhter Ali Mandal 6 DLR 130 in which it was held that transfer to a co-sharer by purchase is pre­emptible. This proposition is not disputed; secondly, that case was-decided under section 26F of the Bengal Tenancy Act which limited ....... The impugned order of the High Court Divi­sion is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 220. ..

Category: Property Law | Date: 9 Jul, 1985 | Hits: 40

Kings Shipping Tra¬ding Co Vs. M/s. L.S. Line & others, 1985, 14 CLC (HCD)

....cising Admiralty Ju­risdiction has derived its jurisdiction from the Admiralty Court Act, 1861, Colonial Court of Admiralty Act, 1890 and Colonial Courts of Admiralty Act (India), 1891. It is not disputed that this Court would exercise the same jurisdiction after the enactments of the said Colon......t the order may be stay­ed for one month. This order is therefore, stayed for one month. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 30.       ..

Category: Admiralty Law or Maritime Law | Date: 8 Jul, 1985 | Hits: 7

H.N. Fabrics Ltd. Vs. Mallick Textile Indus­tries and others, 1985, 14 CLC (AD)

....l court found that there was a contract between the parties and observed as under:   'I have no manner of doubt to come to the finding that the terms and condi­tions of the disputed agreement for sale of the suit property as have been depos­ed to by the plaintiff's witn...... contract which could be enforced by specific performance. In the result this petition is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 126.   ..

Category: Contract Law | Date: 15 Jan, 1985 | Hits: 1288

Faiz Ahmad Vs. Kazi Abdul Wahab, 1984, 13 CLC (HCD)

.... on 22.3.65. After making necessary inquiries the suit was filed on 9.6.65 against as many as seven defendants. The further case of the plaintiffs is that the defendant No. 1 proposed to purchase the disputed land from the plaintiff but the plaintiff having refused, the defendant No. 1 in collusion ...... below are affirmed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 357   ..

Category: Civil Law, Others | Date: 13 Aug, 1984 | Hits: 1