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Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)
....as bargadar under this defendant that the alleged bainanama and the receipt are all false and fabricated documents. This defendant never received the earnest money of Tk. 10,000/‑ or the additional payment of Tk.8,000/‑ as alleged. The plaintiff and his father were bargadars under this defendant......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. ..Category: Property Law | Date: 15 Mar, 1990 | Hits: 66
Abdur Rabban (Md) Vs. Aminul Hoque Sowdagar and another, 1990, 19 CLC (AD)
....plaintiff which commences from the date of dispossession of his predecessor-in-interest the judgment-debtor- since defendant No. 1 traces his possession from 1948 and produced documentary evidence of payment of rent from 1951 his accrual of vested right and limitation cannot be negatived by such ame...... 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. ..Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123
Abdul Momen Bhuiyan Vs. Haji Payez Ali Mia and others, 1990, 19 CLC (HCD)
....(2)g Contract Act, [XII of 1872]; Section 62 A candidate in an election of Union Parishad can be declared disqualified by the Returning Officer on the ground that he had defaulted in making payment of certain installments of loan taken from some banks and as such his nomination can be reje......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)
....the Compromise decree. The appellants then filed the suit for specific performance of the contract for sale both against defendant No.1 and defendant No.2 the bank, and prayed for a decree subject to payment of Tk.1.00 lakh by them as a Nominee of defendant No.1. In that suit they prayed for and obt......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
Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)
....was prayed that in paragraph 16 of the present plaint in the 7th line the word 'lands' will be deleted and thereafter the following shall be inserted, "defendant No.1 became defaulter in payment of rent and as such Shorojini Bala instituted a case in the Court of the House Rent Controll......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
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
....te of handing over the vessel to the Bank, and, in the event of failure to retire the bills by paying the Bank's dues on demand, the Bank would dispose of the ship to adjust the liabilities. As per repayment arrangement respondent Nos. 2 and 3 were to break the vessel at their cost and then take del...... 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. ..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)
.... auction purchaser nor his successive transferees, such as Akhil and Haradas and thereafter Chandra Bala, took any legal action for recovery of possession or to be redeemed by the second mortgagee on payment of the mortgage money till Chandra Bala, the third transferee, filed the instant suit in 195......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
Mansur Ali Vs. State, 1986, 15 CLC (HCD)
....ction 5(2) of Act II of 1947. 3. The defence of the appellant was that the other officer of the corporation including the Manager used to take various goods from the fair price shop without making payment. The unfair transactions by the Managerial staff continued for a long time which resulted ......trial in accordance with law. The appeal is, therefore, disposed of accordingly. Bimalendu Bikash Roy Choudhury J. — I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 184. ..Category: Criminal Law | Date: 13 May, 1986 | Hits: 30
Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)
....fact the District Fishery Development Officer had also issued a certificate to the effect on 4.4.84, that the petitioner had satisfactorily completed the development work of the first term. As to the payment of rent it is the case of the petitioner that he has paid the first lease money amounti......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
Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)
....plied for. (4) In deciding the application the Arbitration Council shall record its reasons for the decision, and any party may, in the prescribed manner within the prescribed period and on payment of the prescribed fee, prefer an application for revision, in the case of West Pakistan to t......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. ..Category: Family Law | Date: 17 Mar, 1986 | Hits: 1
Shaikh Obaidul Haq Vs. The State & another, 1986, 15 CLC (HCD)
....s the petitioner by instituting the criminal case No.572A of 1981 under section 420 of the Penal Code alleging that two post dated cheques for total amount of Tk. 1,01560/30 have been dishonored payment by the petitioner's banker and further 36 cheques covering Tk. 10,95,079/31 have be......pposite party in order to escape the liability resorted to harass the petitioner by instituting the criminal case No.572A of 1981 under section 420 of the Penal Code alleging that two post dated cheques for total amount of Tk. 1,01560/30 have been dishonored payment by the petitioner's..Category: Criminal Law | Date: 20 Feb, 1986 | Hits: 1
Abdur Razzak & others Vs. The State, 1985, 14 CLC (HCD)
.... identical with the provisions of sub-section 8 of section 156 of the Customs Act, 1969 inasmuch as both the sections make bringing goods into Bangladesh or taking them out of Bangladesh without payment of taxes, customs duties, etc. punishable. Therefore, the Magistrate has no jurisdictio...... 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. ..Category: Criminal Law | Date: 9 Sep, 1985 | Hits: 2
M/s. Gannysons Ltd. & anr. Vs. Sonali Bank & others, 1984, 13 CLC (AD)
....ative part, staying the decree for 6 months was in order since time was given to the petitioners to get a release order from the Government. Since the debt is admitted there is no escape from repayment of the same. As the properties were treated as abandoned, Government had no objection in r......he prayer of the Counsel of the appellants and respondents, the Court was surprised to know that the respondent Nos. 2 and 3 have, in order to satisfy the decretal dues of Tk. 11,32,752.52, given a cheque for the sum of Tk. 5,71,067 in favour of respondent No.1, the Sonali Bank, on 29 March 1984 ..Category: Property Law | Date: 20 Aug, 1984 | Hits: 24
Faiz Ahmad Vs. Kazi Abdul Wahab, 1984, 13 CLC (HCD)
.... execution of the bainanama through the hand of his brother Nazir Ahmed, who is D.W. 5 and the possession of the land was delivered on the same day to Nazir Ahmed. The defendant possessed the land on payment of balance of consideration money. The kabala was executed but the plaintiffs did not go to ...... 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
Bipin Chandra Ray Vs. Bunchuki Barmani, 1984, 13 CLC (HCD)
....ff's father which were admittedly in the possession of defendant No.1 and in such position the plaintiff was required to seek consequential relief and she avoided that only to evade the payment of ad-veloram Court fees. His further contention was that under section 42 plaintiff was bou......from any error of law and there is no scope for revision. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 49. ..Category: Property Law | Date: 31 Jul, 1984 | Hits: 2
Bazlur Rahman Vs. Jan Mohammad, 1984, 13 CLC (HCD)
....ement from the said landlords by amalnamas and from them the plaintiffs purchased the said lands by 9 kabalas. Since their purchases the plaintiffs have been in possession of the said land on regular payment of rents by setting up a milk producing Cooperative Society and by growing Khasari, Kal......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. ..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Abdul Hashem Vs. Saleh Ahmed & others, 1984, 13 CLC (HCD)
....suit land. He has been paying rent to the authorities concerned and he is also in possession of the suit property. The plaintiff in their plaint has not given any date of the agreement or the date of payment of the earnest money but simply have stated the date of bainanama alleged to be dated 24.4.1...... 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 ..Category: Contract Law, Property Law | Date: 10 Jul, 1984 | Hits: 5
Motiur Rahman Vs. May Industries Ltd, 1984, 13 CLC (HCD)
....oice in the company is of itself not reason for winding up. Besides when the petitioner purchased the shares of his brother Mujibur Rahman he knew about Article 36 of the Articles of Association (Non-payment of dividend regularly is also no ground for winding up of a company,) as has been held ...... against the respondent-company. Certified for one counsel with one junior. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 41. ..Category: Company Law | Date: 26 Apr, 1984 | Hits: 6
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
.... Lords under the Workmen's Compensation Act, Lord Thankerton reiterates the four indicia of a contract of service. These are: (a) the master's power of selection of his servant ; (b) the payment of wages or other remuneration; (c) the master's right to control the method of doing th...... facts and circumstances of the case, there will however be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 7. ..Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
....d to have been affected by filing a suit for rectification within the prescribed period to limitation as provided under section 31 of the Specific Relief Act before the appropriate forum on payment of the proper Court fees. The said suit under the said Specific Relief Act filed for rectifi...... there will be no order as to costs only before this Court. Send down the records as expeditiously as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 337 ..Category: Contract Law, Property Law | Date: 7 Apr, 1984 | Hits: 4