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Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
....rder XLI rule 20 the matter perhaps would not have come to such a pass and the appeal could be spared a technical knockout. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 156. ......an inherited lands at Savar and they executed a bainapatra on 8.12.79 for sale of some lands out of 5 bighas situated at Nayabari mouza at Savar. It was however found that the said Md. Hossain had no interest in the said land but he had some other land at Mohammadpur for which two sale deeds were ex..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
Mahbubul Alam Chowdhury and others Vs. Chaman Ara Begum and others, 1991, 20 CLC (AD)
.... all the above reasons we do not find any merit in the appeal which is dismissed without however any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121 ......ff‑respondents, are in fact partnership properties or personal properties of both The plaintiff made positive statements in the plaint that the schedule properties were purchased "for the interest and benefit" of both the partners and not for the firm itself. He led evidence to that..Category: Civil Law | Date: 14 Aug, 1990 | Hits: 121
State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)
....nder section 201 is set aside. The respondents are directed to surrender forthwith and serve out the sentence imposed upon them. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 44. ......the said considerable direct evidence upon certain grounds which have been alleged to be not legitimate and proper, it was felt that the matter required looking into the evidence by this court in the interest of public justice. 15. The learned Deputy Attorney-General appearing for the State ha..Category: Criminal Law | Date: 9 Aug, 1990 | Hits: 50
....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.
......suspended, its functions in August, 1948 and in 1949 the Government advised the District Magistrate, Mymensingh, to lock and seal the head office and branches of the said Bank for safe‑guarding the interest of the creditors. Accordingly the District Authority locked and sealed the bank along with ..
Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
Attor Mia and another Vs. Mst. Mahmuda Khaton Chowdhury and others, 1990, 19 CLC (AD)
....s own. Hence the appeal is allowed and remanded to the High Court Division for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ...... no finding that appellant No. 1 expressed his readiness to pay the consideration written on the document of transaction. Fourthly, the Courts below did not consider whether respondent No. 3 sold his interest subsequently on getting consideration or along with respondent Nos. 2 and 4‑9. Fifthly, t..Category: Property Law | Date: 22 Jul, 1990 | Hits: 43
Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)
....ct and law, arrived at by the lower Appellate Court. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 55. ...... he will continue as a tenant at will Ordinarily, the word "Dakhalkar' in the record of rights is no doubt indicative of a mere tenant‑at‑will without any transferable or heritable interest, but the word cannot be limited to a mere tenant‑at‑will under all circumstances - the ..Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115
Bijoy Kumar Basak Vs. Narendra Nath Datta & others, 1990, 19 CLC (HCD)
....he date of receipt of this order, in accordance with law. Let a copy of this order be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 43 DLR (1991) 68. ...... Power of the District Court under section 24 CPC is somewhat of an administrative nature and also discretionary and in suitable cases the District Judge can even suo moto exercise this power in the interest of justice......... (10) Cases Referred to- AIR 1963 (Pat) 353; PLD 1955 PC 185...Category: Property Law | Date: 11 Jul, 1990 | Hits: 67
Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)
.... by the learned Additional Sessions Judge in Revision Case No.381 of 1985 is hereby quashed. Send down the records expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 60. ......rs to be that the sentence of fine may affect the properties falling in the hands of the legal representatives of the accused and in such circumstances the legal representatives of the accused may be interested in proceeding with the appeal to protect their interest. Indu Kuri Suryanarayana Raj..Category: Criminal Law | Date: 27 Jun, 1990 | Hits: 110
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. ...... purpose. The Respondent No.3 in good faith signed those blank forms. The petitioner believes that those blank forms signed by the respondent No.3 had been used by the respondent No. 2 for his self‑interest instead of the interest of the company. In pursuance of the aforesaid gift as well as the i..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....ion'. Finding to this effect of the courts below is perfectly correct. All these appeals are therefore dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 34. ......oned in the Company's leave applications, but these were not specifically referred to in the Leave Granting Order. We have allowed him to make his full submission on these grounds not only in the interest of justice, but also of the fact that some of the questions, such as limitation, are of con..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
Siddik Ali Vs. Nurun Nessa Khatun and others, 1990, 19 CLC (AD)
....defendants. In the result, the appeal is allowed. Prayer for substitution is allowed after setting aside abatement. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 3. ......s sons Surendra and Bhupendra continued to possess the land by living in the eastern portion and culling bamboos and trees and enjoying fruits from the western portion. One Sajjad Ali, predecessor-in-interest of defendant Nos. 1-10, purchased the maliki right of the landlord Benode in Chak No. 95. T..Category: Property Law | Date: 28 May, 1990 | Hits: 57
AH Shamsuddin Ahmed Vs. Begum Arafat & others, 1990, 19 CLC (HCD)
..... In the result, the Rule is discharged. However, there will be no costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 52. ......esence of local Matbar on May 2,1971. He also contended that on the basis of the gift he was in possession and mutated his name in the record of right and paid rent. The plaintiff had no right title, interest and possession in the land in suit. 4. The learned Munsif dismissed the suit on the gr..Category: Property Law | Date: 22 May, 1990 | Hits: 111
Sonali Bank Vs. Nurul Kader and another, 1990, 19 CLC (HCD)
....aw. Send a copy of the judgment to the learned District Judge for sending his report to this court as directed. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 21. ......e 4 CPC for restoration of Money Suit No. 23 of 1979 on Setting aside the decrees dismissing the suit to its file and number. The petitioner instituted the suit for recovery of Tk. 9,023.00 with interest at the rate of 20% per annum together with cost. The opposite parties appeared in the suit ..Category: Civil Law | Date: 5 Apr, 1990 | Hits: 1
Kanak Mala Vs. Md. Safiuddin & others, 1990, 19 CLC (HCD)
....ly set aside and the suit is dismissed. In the result, the Rule is made absolute as indicated above without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 38. ......s giving rise to this Rule may briefly be stated thus:‑ 3. Opposite party No.1 as plaintiff filed Title Suit No.13 of 1985 in the 6th Court of Assistant Judge, Dhaka against the predecessor-in-interest of the present‑petitioner named Afazuddin for eviction from the suit premises contending,..Category: Property Law | Date: 5 Apr, 1990 | Hits: 74
MA Razzaque Vs. Bangladesh Election Commission, 1990, 19 CLC (HCD)
....the office of the Chairman of Dewanganj Upazila Parishad. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 16. ......fied for election as for being a chairman of Upazila Parishad, if he is a party to a contract for work to be done for, or goods to be supplied to the Parishad concerned or has otherwise any pecuniary interest in its affair, or is a dealer in essential commodities appointed by the Government. Ca..Category: Election Law | Date: 5 Apr, 1990 | Hits: 110
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. ......Jute Incorporated Limited & others..............Respondents Judgment April 1, 1990. Result: The appeal is dismissed. Order 34, rule 2 (CPC) does not deal with the rate of interest that the Court should award at the time of passing the preliminary decree. Order 34, rule (..Category: Civil Law | Date: 1 Apr, 1990 | Hits: 79
Bangladesh Leaf Tobacco Company Ltd. Vs. Md. Abdul Mannan and others, 1990, 19 CLC (HCD)
....e learned District Judge is directed to dispose of the appeal on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 7. ......sion by evicting the defendants therefrom on the allegations, inter alia, that the suit plot No.118 along with plot Nos.116 and 117 of mouja Kakrail originally belonged to the predecessor‑in‑interest of defendant Nos.1‑11; that plaintiff No.1 was inducted as a tenant in the hut standing o..Category: Property Law | Date: 27 Mar, 1990 | Hits: 75
Zahura Khatun and others Vs. Rokeya Khatun and others, 1991, 20 CLC (AD)
....gitate the same in the absence of the respondents. 9. The appeal is, therefore, dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 98. ......and decree of dismissal of the suit passed by the lower Appellate Court upon setting aside those of the Trial Court. 2. Facts necessary for the disposal of the appeal are that the predecessor-in-interest of the present appellants instituted Title Suit No.67 of 1981 in the 3rd Court of Munsif, D..Category: Tenancy Law | Date: 25 Mar, 1990 | Hits: 124
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. ......quested the defendant No.1 himself and through some other defendants to execute and register the kabala on receipt of' the balance consideration money but the defendant No.1 did not show any interest to do so. Thereafter the plaintiff approached his relation Al-haj Mohammad Ali, Advocate, t..Category: Property Law | Date: 15 Mar, 1990 | Hits: 66
Abdur Rabban (Md) Vs. Aminul Hoque Sowdagar and another, 1990, 19 CLC (AD)
.... 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. ......ed. The Evidence Act, 1872 (I of 1872), Section 17 Whether admission of the defendant in a separate proceeding can be accepted as evidence to hold that he was a tenant under predecessor-in-interest of the plaintiff whose case against the defendant was that of trespass in the suit land ..Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123
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