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Afruz Miah (Md) and another Vs. Alhaj Md. Siraj Miah, 1990, 19 CLC (AD)
.... present case, the same suffers from no illegality. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 89. ......nts Judgment August 5, 1990. Result: The appeal is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order 6 rule 17 This is not substitution of one cause of action for another, but a consolidation, of all‑wrongs allegedly done to the deceased plaintiff - ..Category: Procedural Law | Date: 5 Aug, 1990 | Hits: 91
....suit is dismissed on contest against the defendant No. 2 and 3 and ex parte against the rest. But there shall not be any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 558.
......ent of taxes and rents. Since purchase the defendant No. 3 has been in continuous possession and paying all rents and taxes to the relevant authorities till to‑day. So the plaintiff has no cause of action for filing the present suit.
5. The defendant No. 2 also filed a separate written statemen..
Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
....reby set aside and those of the learned Munsif are restored although not on the same grounds.
There will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 44.
...... the Executive Vice-President of the Bangladesh Agricultural Research Council was not competent to impose any penalty on the petitioner and his case was to be referred to the Government for necessary action in view of Rule 14 of the Government Servants (Discipline and Appeal) Rules, 1976. In order t..
Category: Employment/Service Law | Date: 20 Jun, 1990 | Hits: 74
Dr. Naimur Rahman and another Vs. Shahbazpur Tea Co. Ltd and another, 1991, 20 CLC (AD)
....erve any useful purpose. 12. In the result, these appeals are dismissed with the observation made above. In the facts and circumstances of the case there will be no order as to costs. Ed. ......isting applications for winding up and on that score as well the revival of these applications is not called for. The appellants can file fresh applications for winding up new or continuing causes of action. Cases Referred to- Amin Scales Ltd. & another vs. Md. Yakub, 1987 BLD (AD) 259..Category: Business or Commercial Law | Date: 19 Jun, 1990 | Hits: 124
Sher Ali Amir Ali Virjee Vs. Eastern Industries (Bangladesh) Ltd. and others, 1990, 19 CLC (HCD)
....o order as to costs. Mr. Tofailur Rahman has prayed for stay of the operation of the judgment for 6 weeks. The prayer is refused. Ed. This Case is also Reported in: 43 DLR (1991) 54. ......ons made in the affidavit-in‑opposition. It is stated that the respondent No.3 had never transferred the aforesaid 400 shares to Mrs. Amir Banoo. It is asserted that in course of business transaction the respondent No.3 had signed some blank papers including some instruments of transfer which..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
Shahabullah (Md) Vs. The State, 1990, 19 CLC (AD)
....o interfere in the matter. The appeal is dismissed. Let the appellant surrender to his bail bond and serve out his sentence. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 1. ...... pressed for payment PW 1 made a complaint to PW 2 Mr. Abdullah Chowdhury, an officer of the Bureau of Anti‑Corruption. On demand he gave to PW 2 one hundred taka note and ten taka notes for taking action in the matter. A trap was set up for the appellant. PW 3 Sekandar Ali, a peon of the Coscor s..Category: Anti-Corruption Laws | Date: 13 Jun, 1990 | Hits: 119
Ayesha Khatun (Musammat) Vs. Musammat Jahanara Begum & others, 1990, 19 CLC (AD)
.... per provision of section 96 of the State Acquisition and Tenancy Act. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 9. ......e appeal is dismissed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), Section 96 The Registration Act, 1908 (XVI of 1908), Section 47 Whether right to sue i.e. cause of action to file a case for pre-emption arises from the date of execution or registration of the trans..Category: Property Law | Date: 11 Apr, 1990 | Hits: 47
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. ......t was reduced to Tk.20,00,000/‑ with a blocked loan amounting to Tk.7.36,000/‑. The defence side duly executed documents to secure the loan. The defence side did not pay as promised in satisfaction of the plaintiff's dues. There was dues and owning a sum of T'k. 11,05,485/39 paisa i..Category: Civil Law | Date: 1 Apr, 1990 | Hits: 79
M/s. Rising Sun Traders Ltd. Vs. Chittagong Port Authority and another, 1990, 19 CLC (HCD)
.... the impugned Judgment of the learned Subordinate Judge is set aside and the award dated 14.12.1986 is made the Rule of the Court. Ed. This Case is also Reported in: 43 DLR (1991) 1. ......of the date of hearing of the arbitration proceedings whereupon Mr. Zahirul Huq informed the Arbitrator that they have received the notice and referred the matter to their legal adviser for necessary action. 15. Although the Chittagong Port Authority did not appear till then, the Arbitrator gav..Category: Alternative Dispute Resolution | Date: 28 Mar, 1990 | Hits: 176
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. ......t but did not appear before the Court to contest the suit. The defendant No.1 the appellant filed it separate written statement to contest the suit. His case, inter alia, is that there is no cause of action; that the suit is not maintainable in its present form and the same is barred by limitation. ..Category: Property Law | Date: 15 Mar, 1990 | Hits: 66
Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....ected to surrender to his bail bond and to serve out the sentence. Appeal No.10 of 1985 is dismissed and order of acquittal is upheld. Ed. This Case is also Reported in: 43 DLR (1991) 87. ......etween section 34 and section 149 as there is a difference between object and intention, for the object of several members of an unlawful assembly may differ, while the clement of participation in an action which is the leading feature of section 34 is replaced by section 149 by membership of assemb..Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65
Abdul Momen Bhuiyan Vs. Haji Payez Ali Mia and others, 1990, 19 CLC (HCD)
....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. ......quot;loan" and, in our opinion, these three terms loan, "time allowed" "and "default" must be read together to get the complete sense. The material fact has affirmed the action taken by the Returning Officer in rejecting the nomination paper of the petitioner on the gro..Category: Election Law | Date: 5 Mar, 1990 | Hits: 136
Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)
....ce by us. In the result, this appeal is dismissed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ...... to visit those Muslim families. She understood what the Hindu religion is and what the religion of Islam is. She understood the virtues and vices. While she was reading in Class III she had some attraction towards Islam. Accused Nawshed had never induced her. She had sworn an affidavit before the..Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153
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. ......corded in the name of the Government in the SA Khatian which requires to be corrected as it has cast cloud over the right, title and ownership of the plaintiffs. According to the plaintiffs, cause of action arose on 4.2.86 when the defendants refused to receive the rent of the suit property. Allegin..Category: Limitation Law | Date: 9 Aug, 1989 | Hits: 178
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. ......p the plea of adverse possession in the suit land. The defendants since 19.4.84 have recently started making open denial of the plaintiff’s title in the suit lands. In view of this the cause of action of the present suit has arisen. As the SCC Suit No.5/70 has not yet been finally disposed of ..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.
......nsfer and as such he was placed under suspension and departmental proceeding was started against him and some others. Later on, all of them were allowed to resume their duties after some departmental action, but the plaintiff began to threaten the Chief Commandant, Railway Nirapatta Bahini, West Zon..
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....... the second point of the learned Advocate for the appellant we find that issues were framed by Order No.26 dated 5.5.79 and the following issues were framed:- 1. Has the plaintiff any cause of action of the suit? 2. Is the suit maintainable in its present form? 3. Is the story of contra..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. ...... 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 materials was pledged to the Bank. The content..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
....is satisfied that the accused will indulge in prejudicial activities if he is allowed to remain at large. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ......n 16 and 155(8) (89) of the Customs Act and section 25(b) of the Special Powers Act. In this F.I.R. there was no 'mention of the detenu or showing of his any involvement in the criminality of the action. On the 26th March, 1986 the detenu was nominated for contesting the Parliament election as a..Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95
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. ......ossession through court on 28 June 1923. But as he did not implead in his Mortgage Suit the second mortgagee in possession, namely, Pran Krishna, it is alleged, Sristidhar was going to initiate legal action against Pran Krishna to recover possession, but Pran Krishna amicably settled the matter and ..Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106
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