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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 ......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..Category: Contract Law | Date: 4 Dec, 1989 | Hits: 222
Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193
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. ......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..Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106
Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)
....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. ...... 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..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)
....ce to pay a fine of Tk. 1000/- in default to suffer simple imprisonment for three months. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 140. ......rted the order of acquittal passed by the learned Additional Sessions Judge, Dhaka upon the same reason as was given by the learned Judge. 9. In this case both the courts found and it was also undisputed that the accused respondent married Must. Ayesha Sultana on 31-5-74 and the said marriage s..Category: Family Law | Date: 17 Mar, 1986 | Hits: 1
Shaikh Obaidul Haq Vs. The State & another, 1986, 15 CLC (HCD)
....litan Magistrate, Dhaka be quashed. Latifur Rahman, J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105. ......e Opposite party Firm on commission basis upon receipt of the paints on credit. The parties carried on the said business transaction for many years since 1960. After that towards the end of 1980 dispute started between them as the due commission was not paid to the petitioner and the Opposite p..Category: Criminal Law | Date: 20 Feb, 1986 | Hits: 1
Abul Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 1986, 15 CLC (HCD)
....below are affirmed. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 145. ......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..Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4
Muktad Hossain Majumder Vs. Abul Bashar Majumder & others, 1986, 15 CLC (HCD)
....he result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 41. ......other, 30 DLR 331, Mohammad Sharifullah Vs. Election Tribunal, 31 DLR 119. 5. Mr. Md. Amir Hossain submits that the powers and functions of the appellate forum that decides appeals from election disputes cannot be higher than the powers and functions of the Tribunal trying the dispute as a..Category: Administrative Law, Election Law | Date: 7 Jan, 1986 | Hits: 2
Md. Musa & others Vs. Tazul Islam & others, 1985, 14 CLC (HCD)
.... The appeal is summarily dismissed without any order as to costs. Fazle Hussain Mohammed Habibur Rahman J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 134. ......;other Vs. Baktear Ahmed Chowdhury & others reported in 36 DLR (A.D.) 97 it was observed that appointment of a receiver in a partition suit has not met the approval of the Court. The existence of dispute offers no ground whatsoever for appointing a receiver. It was further held relying..Category: Civil Law, Procedural Law | Date: 8 Dec, 1985 | Hits: 180
Abul Quasem (Md) Vs. Md. Lutfur Rahman, 1985, 14 CLC (AD)
....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. ......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..Category: Property Law | Date: 11 Nov, 1985 | Hits: 44
Abdur Razzak & others Vs. The State, 1985, 14 CLC (HCD)
.... The order staying further proceedings of Special Tribunal Case No.17 of 1985 is vacated. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 22. ......eport in writing made by a police officer not below the rank of Sub-Inspector." 7. In the instant case Mr. Siddique Ahmed Chowdury, the learned Advocate for the accused petitioners does not dispute that there is a report in writing by a competent police officer not below the rank of Sub-In..Category: Criminal Law | Date: 9 Sep, 1985 | Hits: 2
Md. Azimuddin Pramanik & others Vs. Sree Satya Narayan Pramanik & others, 1985, 14 CLC (AD)
..... 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. ......Case No. 22 of 1983. Leave was granted by us to consider whether the pre-emption has been allowed on correct interpretation of section 96 of the State Acquisition and Tenancy Act. 3. There is no dispute that a transfer to a co-sharer by purchase is pre-emptible, but the question is whether it i..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)
....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. ......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..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)
.... 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. ......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..Category: Contract Law | Date: 15 Jan, 1985 | Hits: 1288
Habibur Rahman Talukder Vs. Shaha Alam Mia and others, 1984, 13 CLC (HCD)
....gations." I do not find any ground for interference in the matter. This Rule is, therefore, discharged with cost. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 71. ......y person aggrieved by a decision of the Election Tribunal may, within thirty days of the announcement of the decision, prefer an appeal to the District Judge within whose jurisdiction the election in dispute was held; and the decision of the District Judge on such appeal shall be final. Provide..Category: Civil Law, Election Law | Date: 2 Dec, 1984 | Hits: 2
The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)
.... with the record duly attested by the learned Deputy Attorney General. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 26. ...... with the record duly attested by the learned Deputy Attorney General. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 26. ..Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1
M/s. Gannysons Ltd. & anr. Vs. Sonali Bank & others, 1984, 13 CLC (AD)
....8 of 1982 being infructuous will be withdrawn after release of the property within the aforesaid date. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 43. ....... 5,61,685.33 to the Sonali Bank on 20 April,1984. It is not understood how or why respondent Nos. 2 and 3 became so prompt in putting the decretal dues to the Bank all on a sudden when the entire dispute has been pending for final settlement before this Court. In its judgment in Civil Appeal No..Category: Property Law | Date: 20 Aug, 1984 | Hits: 24
Nurul Islam Vs. Md. Abdur Rashid & others, 1984, 13 CLC (AD)
.... In the result, the appeal is allowed and judgment and order of the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 32....... evidence for the time being in force) put such questions to him as the court thinks fit." This is an enabling power and very wide power had been conferred for adjudication of the dispute and this power is only available for giving justice inasmuch as the enabling power conferre..Category: Contract Law | Date: 20 Aug, 1984 | Hits: 199
Bazlur Rahman Vs. Jan Mohammad, 1984, 13 CLC (HCD)
....he appeal is remanded to him for fresh decision. Send s down the records at once to the Court concerned. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 79. ......urchased the said lands by two kabalas dated 21.4.66 and 23.4.66. After their said purchase one Belal Hossain claimed right by an earlier settlement from Shyamapada and Kalipada and to avoid the dispute the plaintiffs again purchased the same lands from Belal Hossain by two kabalas dated 1.1.68..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Abdul Hashem Vs. Saleh Ahmed & others, 1984, 13 CLC (HCD)
.... suit thereafter will proceed in its usual course. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 303 ......rty. But in this particular case the petitioner apparently has succeeded in showing that he has got existing title and possession in the suit property. So to effectually and completely adjudicate the dispute once for all and to avoid multiplicity of the suit proceedings the present petitioner should..Category: Contract Law, Property Law | Date: 10 Jul, 1984 | Hits: 5