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Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....al Co-operative Association within the Upazila and (f) one nominated member. The Chairman and the elected members shall be elected by the direct election on the basis of adult franchise; until such time the Chairman enters upon his office the Upazila Nirbahi Officer or .any other person nominated ......rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ..Category: Election Law | Date: | Hits: 128
Sona Mia Bepari & others Vs. Jamila Khatun & others, 1989, 18 CLC (AD)
....endants. It appears from the impugned judgment that the learned Judge rejected this application on the ground that they were not necessary or proper parties by virtue of their purchase. At the same time it was noticed that Sona Miah (appellant No.1) was already on record on his own petition as......vidence in respect of the alleged sale of .02-1/2 decimals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113..Category: Property Law | Date: | Hits: 33
S.M. Shahjahan Ali Tara Vs. State, 1989, 18 CLC (AD)
....s when the matter came up for hearing on 12th April, 1987 his local surety filed an application for adjournment on the ground of appellant's illness but the trial court after rejecting the prayer for time held the trial in absentia. It is submitted that the Court erred in not allowing withdrawal of ...... 1987. The appellant will remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112..Category: Criminal Law | Date: | Hits: 53
Iqbal @ Salim Vs. State, 1989, 18 CLC (AD)
....Court Division. He prayed for bail pending disposal of the appeal; the learned Judges granted him bail on the condition that he should pay the entire amount of the fine in four instalments within the time specified in the Border of bail and warned that in case any of the instalments of the fine was ......lant will continue on the bail and realisation of fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 111 ..Category: Criminal Law | Date: | Hits: 53
Abdul Jalil Vs. Bangladesh House Building Finance Corporation & another, 1989, 18 CLC (AD)
....bout the same on 20.6.1986. On 26.6.86, he filed an application under Order 9, rule 13 C.P.C for setting aside the ex-parte order whereupon Misc. Case No. 143 of 1986 was registered. 3. In the meantime steps were, however, taken for putting the mortgaged property to sale and 14.9.87 was actually ......im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109..Category: Property Law | Date: | Hits: 30
Soleman Miah & others Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors, 1989, 18 CLC (AD)
.........Respondents Judgment November 8, 1988 The Code of Civil Procedure, 1908 (v of 1908), Order XXI, Rule 29 Stay granted by this court shall continue for four months further. In the mean time the appellants will take steps to get the suit disposed of. In case of the relevant suit being ......dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104..Category: Civil Law | Date: | Hits: 106
Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
.... at Feni. The plaintiffs' sale deeds purportedly executed by Hemendra were also challenged as fraudulent transactions without any consideration in that Hemendra was not in Bangladesh at the purported time of execution and registration of the sale deeds. 5. The learned Subordinate Judge, on consid......d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ..Category: Procedural Law | Date: | Hits: 146
Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)
....y issue but before his death he had given 96-1/2 decimals of his share to plaintiff No. 1, Maharram Ali, who is son of plaintiff No. 2 Eksad Ali, by a Heba-bil-Ewaz dated 28 January 1966; at the same time Ahad Ali gave his remaining share, 65-1/2 decimals, to defendant No.1 Madhu and his stepbroth...... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ..Category: Others | Date: | Hits: 106
Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)
.... the alternative interfering with plaintiff’s access over the suit property. 3. The plaintiffs claimed that they and the other inhabitants of the locality have been using the suit pathway from time immemorial and the pathway leads to the main road of the locality. They made improvement of t......Court Division and the Appellate Court below. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ..Category: Property Law | Date: | Hits: 36
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....nder which such deposits may be refunded to candidates or forfeited to the Union Parishad; (d) the withdrawal of candidature; (e) the appointment of agents of candidates; (g) the date, time and place for poll and other matters relating to the conduct of elections; (h) the manner ......rting with these cases, we would like to put on record our appreciation for the valuable assistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ..Category: Election Law | Date: | Hits: 165
Executive Engineer, Public Health, Barisal Division Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)
....o allow him to join his service. His case is that he was appointed as a lower division assistant by defendant No.1, the Chief Engineer, P.H.E. Government of Bangladesh on 23.1.58. At the relevant time he was working under defendant No.4, the Sub divisional Engineer (Assistant Engineer), P.H.E. B......period of the plaintiffs unauthorised absence from 21.6.75 to 25.4.77. We uphold the appellate Court's order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64..Category: Employment/Service Law | Date: | Hits: 103
Gopal Chandra Shah Vs. The Deputy Commissioner, Sunamganj & another, 1989, 18 CLC (AD)
....X of 1897), section 3(10) The Excise Act, 1909 (V of (1909), section 26(1) Under section 26 (1) of the Excise Act a District Magistrate is authorised to order closing down a liquor shop at such times or for such period as he think necessary for preservation of public peace. However he cannot c...... by the Deputy Controller by his order dated 26.2.85. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 60. ..Category: Others | Date: | Hits: 125
....eneral was invited to address the Court as amicus curiae. Section 7(2) (g) is in the following terms:—
"He has defaulted in repaying the loan taken by him from any specified Bank within the time allowed by the Bank thereon."
Explanation to the enactment gives the list of the specified......e Union Parishad. Again, if the purpose of the impugned legislation were to help recovery of loans taken from State-owned banks and thereby to salvage the national economy from ruin caused by large scale nonrecovery of the loans, then this purpose would be better served by bringing members of Parl..
Category: Election Law | Date: | Hits: 212
Shambhu Nath Saha Vs. Alfazuddin Ahmed & others, 1989, 18 CLC (AD)
.... 4, 1988. The Transfer of Property Act, 1882 (IV of 1882), section 109 Attornment It is found that the question of attornment was not raised cither in the pleading or in the proceeding at any time. As a matter of fact, the question of attornment does not arise at all because the defendant's ......re existed no relationship of landlord and tenant between the parties. The appeal is, accordingly, dismissed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 27..Category: Others | Date: | Hits: 96
Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)
....uld not implement the Scheme. Its banking business was totally stopped under an order of the State Bank. The Scheme of Arrangement expired on 6th June, 1954 and the Bank's prayer for extension of time was rejected by the High Court. Ultimately, on an application filed by the creditors the bank......s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8..Category: Banking Law | Date: | Hits: 103
Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)
.... the C.S. recorded tenant Nabin Chandra Mondal. Plaintiff then, it seems, became wiser and amended his plaint about one year after the filing of the written statement introducing a case for the first time that his vendors also took settlement of the Suitland from Nabin Chandra in 1329 B. S. He filed...... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ..Category: Property Law | Date: | Hits: 46
Lal Miah alias Lalu Vs. The State, 1989, 18 CLC (AD)
.... The prosecution examined seven witnesses and tendered three others. 4. The defence case is that the accused were falsely implicated in this case and that the occurrence did not take place at the time and place and in the manner alleged by the prosecution. 5. On behalf of the appellant it is ......igorous imprisonment for 10 (ten) years only. This sentence and the sentence under Section 148 of the Penal Code are to run concurrently. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 1 ..Category: Criminal Law | Date: | Hits: 53
Bangladesh Vs. Jalaluddin Ahmed, 1985, 14 CLC (AD)
....ceeding that the award could not be passed as the period mentioned in Article (3) had already expired, nor did the respondent inform the Arbitrator that he would not be bound by any award since the time for passing it had expired. This should be considered as waiver of the condition regarding li......igh Court Division is set aside and that of the trial court is restored. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 27. ..Category: Civil Law | Date: | Hits: 111
Ram Chandra Das & others Vs. Md. Khalilur Rahman & another, 1984, 13 CLC (AD)
.... with the Court. The Court is not bound to grant such relief merely because it is lawful to do so. Specific performance of contract is not to be granted as a matter of course………….(11) When time is made the essence of the contract under which parties thereto agree mutually to undertake cer......f Tk. 15,000/- as solatium in addition to the balance consideration money. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 21, 1985 BLD (AD) 41. ..Category: Civil Law | Date: | Hits: 109
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
....Bank of and cannot claim the debt. (e) The Administrator recklessly dealt with the asset's and stock of the Appellant. The hypothecated stocks were always sufficient to the advances actually from time to time and after Administrator was appointed proper evaluation of the hypothecated stocks was ...... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ..Category: Civil Law | Date: | Hits: 110
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