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Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
.... 26.2.70 the defendant filed another petition for time but did not reply to interrogatories. This petition was rejected and the trial Court expunged the written statement and fixed 24.3.70 for ex parte disposal of the suit. On that date the defendant filed a petition under section 151 of the Co......he plaintiff instituted OS No. 230 of 1969 in the 1st Court of Munsif, Chittagong on 8.9.69 alleging that the defendant was a monthly tenant under him in the suit premises. The tenant defaulted in payment of rent for which the plaintiff instituted the suit for ejectment after determining the ten......decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ..Category: Others | Date: | Hits: 119
Jogendra Kumar Dutta Vs. Nur Mohammad and others, 1993, 22 CLC (AD)
....sposal of this appeal may be stated as follows: The appellant, who is the plaintiff, instituted the suit for declaration of his title simpliciter. Before institution of the suit as the first party he had filed an application before the Sub‑divisional Magistrate, Sadar Noakhali, who ...... the learned Counsel, Mr. Syed Ishtiaq Ahmed. 13. The appeal, therefore, is allowed without any order as to costs, Ed. This case is also reported in: 45 DLR (AD) (1993) 173 ...... the learned Counsel, Mr. Syed Ishtiaq Ahmed. 13. The appeal, therefore, is allowed without any order as to costs, Ed. This case is also reported in: 45 DLR (AD) (1993) 173 ..Category: Civil Law | Date: | Hits: 112
Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)
....e suit, i.e. on 11.10.89 the plaintiff also filed the application for temporary injunction and on the same date a Pleader Commissioner was appointed for local inspection upon the plaintiffs prayer ex parte. The Pleader Commissioner held local inspection on the same day at 4.00 PM and submitted his r......he 1st Court of Assistant Judge, Chittagong, is directed to be dispoed of as early as possible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ......he 1st Court of Assistant Judge, Chittagong, is directed to be dispoed of as early as possible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ..Category: Property Law | Date: | Hits: 66
Al-HaJ Mirjahan Vs. Golden Biscuit Co., 1993, 22 CLC (AD)
.... order of the High Court Division allowing the tenant's application for making deposit of rent. 5. Both the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 166 ......her half to other landlord the tenant bifurcated the tenancy itself. The ground was totally baseless, for, when the premises was sold to two different persons under two separate registered deed , the payment of the rent to both the landlords who became co‑sharers in the premises did not violate an...... order of the High Court Division allowing the tenant's application for making deposit of rent. 5. Both the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 166 ..Category: Tenancy Law | Date: | Hits: 71
Suruzzamal Vs. Bangladesh, 1993, 22 CLC (AD)
....been explained by the respondent and that the ground stated in their application under section 5, Limitation Act clearly shows that the delay was caused by willful neglect and serious laches on the part of the Government's officers, particularly the law‑officers involved in this matter. Le......#8209;in TS No. 169 of 1981 also, after a delay of 576 days, and on their application under section 5, Limitation Act, the High Court Division, by the impugned order, condoned the delay subject to payment of Taka 3,500.00 as cost to this Petitioner by the Government. 3. Mr. TH Khan, lear......s allegedly adopted by the respondent's officers in connection with the property in question. This property, as claimed by the petitioner, belonged to a Bangladeshi, named Dr. Shamim who had taken loan from Rupali Bank, previously Muslim Commercial Bank, in June 1970 but could not repay the loan..Category: Property Law | Date: | Hits: 101
Abu Yousuf Vs. Bangladesh and others, 1993, 22 CLC (AD)
....n when in its Company Court the liquidation proceeding itself is pending for disposal. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ......nment's decision dated August 26th, 1991 to liquidate Bangladesh Consumers Supplies Co Ltd (respondent No. 5) and terminate the services of the petitioner and other employees of respondent No. 5 on payment of six months' salaries from 31st December 1988. In view of the recurring loss respondent N......n when in its Company Court the liquidation proceeding itself is pending for disposal. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ..Category: Business or Commercial Law | Date: | Hits: 104
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....e river. The accused persons then went away. P.W.s 3, 4 and 5 who were watching the occurrence from 200/250 yards away taking shelter inside the kashban came up to the bank of the river after the departure of the accused persons and collected the dead body of Ekhlasuddin. P.W. 1 Ekramul Huq @ Tuk......ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ......ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ..Category: Criminal Law | Date: | Hits: 60
New Ideal Engineering Works Ltd Vs. Bangladesh Shilpa Bank and others, 1993, 22 CLC (AD)
....t Division which amounts to withholding of material facts and is a further instance of unclean conduct. The petition is dismissed. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 138. ......uilt a factory building only, but never started the project; rather let out the factory building to respondent No. 8, a Garment Factory, in violation of the loan agreement and became a defaulter in repayment of the loan to the extent of Tk. 24,94,333.00 as on 31.12.89. The Bank decided to go for sal.......92 passed by the High Court Division Dhaka in Writ Petition No. 1625 of 1992). Judgment ATM Afzal J.- Short background of this petition is that the petitioner, a Private Limited Company, took loan from the Bangladesh Shilpa Bank, briefly BSB, for a project of light engineering workshop, buil..Category: Banking Law | Date: | Hits: 142
Abdus Sobahan Howlader and ors Vs. State, 1993, 22 CLC (AD)
....mad Howlader and his brother P.W. 12 A Mannan and P.W. 10 Akkabbar Ali Majhee for the murder of Majitunessa. On a further investigation the Inspector MA Halim of the Criminal Investigation Department, submitted a charge‑sheet on November 15, 1982 against the appellants and 7 others n......nted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ......nted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ..Category: Criminal Law | Date: | Hits: 40
Golchera Khatun being dead her heirs: Akhter Hossain and ors Vs. Sayera Khatoon, 1993, 22 CLC (AD)
.... service of the notice of the application under clause (b) of sub‑section (3), whichever be earlier, apply to join in the said application" [.] This is an enabling provision. The latter part of that sub‑section contains a barring provision: "any co-sharer tenant or tenant h...... We allow all the four appeals. The entire interest in the transferred plot will vest in the appellants. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 133 ...... We allow all the four appeals. The entire interest in the transferred plot will vest in the appellants. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 133 ..Category: Property Law | Date: | Hits: 72
Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)
....d 133 of 1991 in order of filing. By a common Judgment and order dated 14.7.92 a Division Bench of the High Court Division made the Rule absolute in Writ Petition No. 1311 of 1990 and made the Rule partly absolute in the other writ petitions. The last-named four Collective Bargaining Agents of t....... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ....... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ..Category: Labour and Industrial Law | Date: | Hits: 103
Babar Ali Pramanik and others Vs. Mosar Ali Pramanik and others, 1993, 22 CLC (AD)
.... for more that 12 years, that they had taken lease of the suit land from the Government after the aforesaid vesting in VP Case No. 33 of 1978 and are in possession and that as such they arc necessary parties. 4. The learned Subordinate Judge by order dated 9.10.90 rejected their application holdi......roze Fram roze). 9. Neither in the petition referred to above nor in any other petition the appellants have asserted that they are continuing as lessees upon renewal of lease by the Government and payment of rent even after institution of the present suit in 1987. The learned Subordinate Judge fo......visional application of the appellants. The appeal is, accordingly, dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 120; 1994 BLD (AD) 235. ..Category: Procedural Law | Date: | Hits: 111
Jahiruddin Mollah (Md) Vs. Hosne Ara Begum and others, 1993, 22 CLC (AD)
....him), instructed by Md. Sharifuddin Chaklader, Advocate-on-Record-For the Appellant. Shamsul Haque Siddique, Advocate-on-Record -For the Respondent Nos. 1‑6 Respondent No. 7-Ex parte Respondent Nos. 8-18-Not represented Civil Appeal No. 30 of 1988. (From......on as a whole, that is of both the plots, we find, has been rightly refused. The appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 118 ......on as a whole, that is of both the plots, we find, has been rightly refused. The appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 118 ..Category: Property Law | Date: | Hits: 72
Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)
....f, Dhaka against the Government and other respondents for permanent injunction in respect of CS Plot Nos. 11, 32 and 37 of SC Khatian No.139 of Mouza Nandanbag, PS Keraniganj. The suit was decreed ex parte onJanuary 9, 1970. On an application by the Government the ex parte decree was set aside and t......works in spite of the plaintiffs' failure to produce the papers relating to schedule of work, the rate for work, the measurement books, the outstanding bills for the balance after the receipt of part payments, the Supreme Court held that the decree could not be sustained in law. It was observed: ......rom interfering with the impugned order in view of the particular facts of the case. The appeal is, therefore, dismissed. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 112 ..Category: Limitation Law | Date: | Hits: 271
Sompong Vs. State, 1993, 22 CLC (AD)
....ed the trawler by a customs launch and being suspicious about the goods carried in the trawler brought the same to a char adjacent to the Customs office and tied it up there. Subsequently, a search party of the Customs conducted a search and recovered 6982 cartons of foreign cigarettes, 3 car ai......ized goods as passed by the Special Tribunal. The appeal is accordingly allowed and t1he impugned order set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 110 ......ized goods as passed by the Special Tribunal. The appeal is accordingly allowed and t1he impugned order set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 110 ..Category: Criminal Law | Date: | Hits: 62
Quazi Nazrul Islam Vs. Bangladesh House Building Finance Corporation, 1993, 22 CLC (AD)
....(2) D‑15967 Genl., in favour of the borrower without evaluating the actual works and thereby he caused loss to the Corporation and that his conduct was violative of office discipline. In a departmental proceeding under Regulation 27(l) (e) of the Corporation's Service Regulations 1985 the ......in Civil Appeal No. 28 of 1992, while the Corporation is the appellant in Civil Appeal No. 29 of 1992. 2. On June 14, 1987 charges were framed against the Law‑Officer that he approved payment of the 4th cheque in two loan cases, (1) D‑ 15966 Genl., (2) D‑15967 Genl., in ......hile the Corporation is the appellant in Civil Appeal No. 29 of 1992. 2. On June 14, 1987 charges were framed against the Law‑Officer that he approved payment of the 4th cheque in two loan cases, (1) D‑ 15966 Genl., (2) D‑15967 Genl., in favour of the borrower without ev..Category: Administrative Law | Date: | Hits: 100
Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)
.... Magistrate during investigation. As the trial has yet to commence it cannot be said that he is acting as a court." 13. Upon a consideration of the various provisions of the Code, particularly that of Chapter XIV and various decisions the learned Judge finally held thus- ......ken in violation of section 195(1)(b) of the Code. 23. In view of the discussion above, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 101 ......ken in violation of section 195(1)(b) of the Code. 23. In view of the discussion above, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 101 ..Category: Criminal Law | Date: | Hits: 40
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....sp; 8. Now the appellant contends that the order of detention is liable to be set aside because the operative portion of the grounds are vague and insufficient, that there are no particulars, no details‑nothing specific about the detenu’s prejudicial activities or m......action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ......action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ..Category: Criminal Law | Date: | Hits: 88
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....ses vested in the Government under PO No. 16 of 1972 and the enterprises owned and managed, by any statutory Corporation. This view is, with all respect, not correct, firstly, because, the relevant part of Article 10(1) (d) was misquoted in that Judgment and secondly, because the grammatical con......the character of the industrial enterprise was made in the Notification or not. Once it is claimed that an industrial enterprise was placed under a Corporation under the general power of placement payment of compensation becomes due. It is not the case of the appellants that they were contemplat......ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ..Category: Property Law | Date: | Hits: 65
Saidur Rahman Neuton and others Vs. State, 1993, 22 CLC (AD)
....ausing bleeding from her mouth. In the morning they let her go away and she immediately went to Mirpur Police Station and narrated the incident to the Police and soon thereafter she led the police party to the room where she was raped and on her showing, police arrested these three appellants an...... subject, we set aside the conviction and sentence of the appellants and they are acquitted of the Charge. The appeal is allowed. Ed This case is also reported in: 45 DLR (AD) (1993) 66 ...... subject, we set aside the conviction and sentence of the appellants and they are acquitted of the Charge. The appeal is allowed. Ed This case is also reported in: 45 DLR (AD) (1993) 66 ..Category: Criminal Law | Date: | Hits: 66
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