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Sonali Bank Vs. Nurul Kader and another, 1990, 19 CLC (HCD)
....aw. Send a copy of the judgment to the learned District Judge for sending his report to this court as directed. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 21. ......onali Bank………………………………………………….Petitioner Vs. Nurul Kader and another……………………………&......aw. Send a copy of the judgment to the learned District Judge for sending his report to this court as directed. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 21. ......82 for showing cause for delay in filing the requisites. The petitioner did not show cause on that date and the court passed the following order: "Cause not shown nor any steps taken by the plaintiff CP paid is correct. Hence, ordered: that the suit is dismissed for default." ..Category: Civil Law | Date: 5 Apr, 1990 | Hits: 1
Kanak Mala Vs. Md. Safiuddin & others, 1990, 19 CLC (HCD)
....ly set aside and the suit is dismissed. In the result, the Rule is made absolute as indicated above without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 38. ......nsfer of Property Act, 1882, for vacating a suit premise shall be for six months. Section 18 of Premises Rent Control Act, 1991 puts emphasis on the bona fide requirement of the premises by the landlord. The premises in question must be required for a particular purpose. ......ly set aside and the suit is dismissed. In the result, the Rule is made absolute as indicated above without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 38. ...... and decree dated 30.6.87 passed by Assistant Judge, 6th Court, Dhaka in Title Suit No.13 of 1985. 2. Facts giving rise to this Rule may briefly be stated thus:‑ 3. Opposite party No.1 as plaintiff filed Title Suit No.13 of 1985 in the 6th Court of Assistant Judge, Dhaka against the pred..Category: Property Law | Date: 5 Apr, 1990 | Hits: 74
Sonali Bank Vs. M/s Begg & Beg Jute Incorporated Limited & others, 1990, 19 CLC (HCD)
.... discretion in refusing the interest to the plaintiff. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 27. ......the date of the decree or from the date of the decree till realisation is purely a matter of discretion of the Court.....................(9) Cases Referred to- Dawoodbhai Kassemji Matiwalla and another Vs. Shaikhalibhoy, AIR 1953 (Born) 445; Kishenlal and others Vs. Radhalal and other...... discretion in refusing the interest to the plaintiff. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 27. ......xed for redemption. The Court is not bound to award contractual rate of interest for such period…………………......... (7) It is not laid down that the plaintiffs are entitled to interest on decretal amount as a matter of right or that the payment of i..Category: Civil Law | Date: 1 Apr, 1990 | Hits: 79
Aftabuddin Fakir Vs. Sowdagar Rabi Das & others, 1990, 19 CLC (HCD)
....ion laid down in Order XLI rule 31 CPC. In the result, the Rule is made absolute as indicated above without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 42. ................Opposite Parties Judgment March 29, 1990. Result: The Rule is made absolute It is incumbent on the part of the 1st Appellate court as final court of fact to discuss and assess evidence on merit and to give his own finding………............(10) ......ion laid down in Order XLI rule 31 CPC. In the result, the Rule is made absolute as indicated above without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 42. ......2 10 of 1986 affirming the judgment and decree dated 28.9.86 passed by Munsif Purbadhala in OC Suit No. 32 of 1986. 2. Facts giving rise to this Rule may briefly be Opposite party Nos.1 and 2 as plaintiffs filed OC Suit No. 32 of 1986 in the 1st Court of Munsif, Prbadhala, Netrokona for declara..Category: Civil Law | Date: 29 Mar, 1990 | Hits: 65
Bangladesh Leaf Tobacco Company Ltd. Vs. Md. Abdul Mannan and others, 1990, 19 CLC (HCD)
....e learned District Judge is directed to dispose of the appeal on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 7. ......vision (Civil Revisional Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Bangladesh Leaf Tobacco Company Ltd........................Petitioner Vs. Md. Abdul Mannan and others.....................................Opposite Parties Judgment March 27, 1990. ......e learned District Judge is directed to dispose of the appeal on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 7. ......r the Opposite Party Nos.1 and 2. Civil Revision No.380 of 1988. Judgment Mohammad Ismail Uddin Sarker J. - This Rule was issued at the instance of the petitioner calling upon the plaintiff‑opposite parties to show cause as to why the order dated 2.4.88 passed by the learned Di..Category: Property Law | Date: 27 Mar, 1990 | Hits: 75
Zahura Khatun and others Vs. Rokeya Khatun and others, 1991, 20 CLC (AD)
....gitate the same in the absence of the respondents. 9. The appeal is, therefore, dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 98. ......991) 98. ......gitate the same in the absence of the respondents. 9. The appeal is, therefore, dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 98. ......that a notice under section 106 of the Transfer of Property Act was not necessary when the tenant denied the title of the landlord. The Appellate Court below dismissed the suit on the ground that the plaintiff was required to put in ad valorem Court fee on the valuation of the demised premises, as h..Category: Tenancy Law | Date: 25 Mar, 1990 | Hits: 124
Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)
....e are set aside and the suit is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 18. ......ivision (Appellate Jurisdiction) Present: Md. Ismailuddin Sarker J Muhammad Ansar Ali J Sheikh Salimuddin................................Appellant Vs. Ataur Rahman and others........................Respondents Judgment March 15, 1990. Result: T......e are set aside and the suit is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 18. ......e matter of comparision of handwriting and signature are merely tentative in character, (4) Opinion is a weak evidence………………..(26) Law requires that the plaintiff must prove his own case to the hilt by cogent and sufficient evidence. He can not succeed ..Category: Property Law | Date: 15 Mar, 1990 | Hits: 66
Abdur Rabban (Md) Vs. Aminul Hoque Sowdagar and another, 1990, 19 CLC (AD)
.... For the reasons stated above we do not find any merit in the appeal. The appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 19. ...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdur Rabban (Md) .......................................................Appellant Vs. Aminul Hoque Sowdagar and another..........................Respondent Judgment March 15, 1990. Result: ...... For the reasons stated above we do not find any merit in the appeal. The appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 19. ......dence Act, 1872 (I of 1872), Section 17 Whether admission of the defendant in a separate proceeding can be accepted as evidence to hold that he was a tenant under predecessor-in-interest of the plaintiff whose case against the defendant was that of trespass in the suit land Since the rel..Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123
Momin Miah & another Vs. Moinuddin Hossain & another, 1989, 18 CLC (AD)
....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 ......ember 4, 1989. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908) Order XXXIX, rule I The judgement debtor entered into a contract to sell the mortgaged land for satisfaction of the decretal amount but full requirement has not been met. The bank was not ......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 ......e agreement. The outstanding amount was tendered against balance claim of the bank but that was refused due to lapse of date fixed. Then a suit for specific performance of contract being filed by the plaintiff against the judgement debtor defendants, in view of such facts the trial courts order stay..Category: Contract Law | Date: 4 Dec, 1989 | Hits: 222
Moynul Hasan and others Vs. Nazmul Haq @ Nazmul Hasan and others, 1989, 18 CLC (HCD)
.... impugned order of the learned Subordinate Judge. In the result, the Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 82. ...... Case is also Reported in: 43 DLR (1991) 82. ...... impugned order of the learned Subordinate Judge. In the result, the Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 82. ......oner Nos. 1‑4. Miah Abdul Gafur with Shafiqul Islam, Advocates ‑For the Opposite‑Party No. 1. Civil Revision No.505 of 1987 Judgment AKM Sadeq J. - This Rule obtained by the plaintiff‑petitioners, is directed against order No. 30 dated 31.12.86 passed by Mr. AKM Fazul Kar..Category: Limitation Law | Date: 28 Nov, 1989 | Hits: 219
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. ......Petitioner Vs. Mohammad ...................................Opposite Party Judgment August 9, 1989. Result: The Rule is made absolute. Same privilege of government and citizens for filing appeal for delay condonation The law is the same for the Government as ...... 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. ......ite Party. Civil Revision No.977 of 1988. Judgment Fazle Hussain Mohammad Habibur Rahman J. - This Rule was issued at the instance of defendant‑petitioner on 4.12.88 calling upon the plaintiff‑opposite parties to show cause why the order passed on 21.8.88 by the District Judge, Dh..Category: Limitation Law | Date: 9 Aug, 1989 | Hits: 178
Sree Birendra Nath Singh and others Vs. Md. Mokbul Shah and others, 1989, 18 CLC (HCD)
....erference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court‑records at once. Ed. This Case is also Reported in: 43 DLR (1991) 77. ...... This Case is also Reported in: 43 DLR (1991) 77. ......erference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court‑records at once. Ed. This Case is also Reported in: 43 DLR (1991) 77. ...... barga Kabuliyat was refused. 4. Being aggrieved by that order petitioners moved the revisional jurisdiction of this court and obtained the present Rule. 5. It is submitted on behalf of the plaintiff‑petitioners that the amendment sought for ought to have been allowed by the Trial Court ..Category: Property Law | Date: 2 Aug, 1989 | Hits: 78
Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)
....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. ......l Revisional Jurisdiction) Present: FHMH Rahman J Mohammad Ismailuddin Sarker J Meher Ali....................................................Appellant Vs. A.K. Murshid and others...................................Respondents Judgment May 25, 1989. Res......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. ...... Suit No.56/84 of the Court of Subordinate Judge, Narayanganj should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. The case of the plaintiff-petitioner Meher Ali is that he instituted Title Suit No.56/84 in the Court of Subordinate..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
....order as to costs. The order of stay is vacated.
Let the suit be disposed of in accordance with law as expeditiously as possible.
Ed.
This Case is also Reported in: 43 DLR (1991) 79.
...... (1991) 79.
......order as to costs. The order of stay is vacated.
Let the suit be disposed of in accordance with law as expeditiously as possible.
Ed.
This Case is also Reported in: 43 DLR (1991) 79.
......tion of the defendant‑petitioners praying for dismissing the suit on the ground of maintainability.
2. The Rule arises in the following facts and circumstances:
3. The opposite‑party as plaintiff instituted a suit being OC Suit No. 98 of 1984 in the Court of Munsif, now Assistant Judge..
Category: Employment/Service Law | Date: 18 Apr, 1989 | Hits: 87
Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
....and the appeal is allowed without any order as to cost and the suit is dismissed. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 467.......eries Vol. 7 page; 34 AIR 1958 Punjab 335; ILR Pat, Vol. 25 412; Azad Jammu & Kashamir, PLD 1960 page 26; 265 DLR 490. Lawyers Involved: Habibul Islam Bhuiya, Advocate - For Appellant. Khandker Mahbubuddin Ahmed - For Respondent. Appeal from Original Decree No. 59 of 1981. Judgmen......and the appeal is allowed without any order as to cost and the suit is dismissed. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 467.......981. Judgment Latifur Rahman J.- This appeal is directed against the Judgment and decree passed by the Additional Court of Subordinate Judge, Mymensingh in O.C. Suit No. 270/79 decreeing the plaintiffs suit for simple declaration of title. 2. The plaintiff filed a Suit for declaration of..Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
.... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14. ......ult: The appeal is dismissed. The Contract Act, 1872 (IX of 1872), section 170 The Code of Civil Procedure, 1908 (V of 1908), Order 38, rule 5 From the facts and circumstances of the case I have got no hesitation to hold that the plaintiff knew about the def...... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14. ......ct Act, 1872 (IX of 1872), section 170 The Code of Civil Procedure, 1908 (V of 1908), Order 38, rule 5 From the facts and circumstances of the case I have got no hesitation to hold that the plaintiff knew about the defendant's transaction with the Bank and that the vessel with all its mate..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)
....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. ......R (AD) (1988) 56. ......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. ......al No. 77 of 1985. (From the judgment and order dated 7-6-84 passed by the High court Division, Chittagong, in Second Appeal No.456 of 1968.) Judgment Shahabuddin Ahmed J. - This is a plaintiff’s appeal. She won on merits in both the trial court and the lower appellate Court, b..Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106
Md. Nurul Haque Vs. Sonali Bank of Bangladesh & another, 1986, 15 CLC (HCD)
....der section 115(1) C.P.C. The application is, therefore, summarily rejected. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 223. ......ents Judgment November 19, 1986. Result: The application is summarily rejected. Case Referred to- Satish Vs. Apara, 34 Cal 403 (F.B), Bejoy Vs. Satish, 9 I.C. 842, Sikandar Vs. Kushal, 59 Cal 756, Sardar Vs. Jahar, 59 Cal 906, Baijnath Vs. Kedar, A.I.R 1938 Cal 74, G......der section 115(1) C.P.C. The application is, therefore, summarily rejected. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 223. ......the counter but defendant No.1 Nurul Hoque, the Deputy Chief Cashier strangely did not detect the said fact. Defendant No.1 Nurul Haque on the contrary deposited the entire defalcated amount with the plaintiff bank on the same day when detected and Asstt. Cashier Gopal Chandra Sarker remained untrac..Category: Criminal Law | Date: 19 Nov, 1986 | Hits: 24
....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.
......ip;………Opposite-parties
Judgment
September 16, 1986.
Result:
The Rule is made absolute.
Cases Referred to-
Bangladesh Enemy Property Management Board and others Vs. Md. Abdul Majid, 27 DLR (AD) 52; M/S. Dullchand Omraolal Vs. Bangladesh, through the ......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.
......ought a suit being Title Suit No.12 of 1974 in the 1st Court of Munsif, Patuakhli praying for declaration that the aforesaid decree in Title Suit No.397 of 1961 was void and not binding upon the plaintiff by reason of fraud. The suit was originally instituted in the First Court of Munsif, Patua..
Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259
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. ......lso Reported in: 39 DLR (HCD)(1987) 228. ......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. ......or the Petitioner. Moslem Ali Howlader—For Opposite Party No.1. Civil Revision Case No.83 of 1983. Judgment AM Mahmudur Rahman J.- This Rule at the instance of the plaintiff-petitioner is directed against the judgment and decree dated 23.1.1983 passed by the learn..Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8
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