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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. ......tter dated 31.1.1987 requested the Arbitrator to file the award in the Court and accordingly the latter filed the same in the court of the Subordinate Judge, 2nd Court, Chittagong on 10.2.1987 with a prayer that the Court may serve notice of the award on the opposite parties i.e. the contractor‑ap..Category: Alternative Dispute Resolution | Date: 28 Mar, 1990 | Hits: 176
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. ......ndant Nos.12 and 13 by two kabalas dated 19.11.84 and 30.9.84 without any knowledge about the pendency of the suit. The learned District Judge, however, by the impugned order date 2.4.88 rejected the prayer for leave to file the appeal on the ground that the appellant‑petitioner purchased the suit..Category: Property Law | Date: 27 Mar, 1990 | Hits: 75
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. ......dvocate that the relief under the Specific Relief Act is discretionary and that in the instant case if the suit is decreed, the plaintiff will have unfair advantage over the defendant and as such the prayer for decree should be refused on condition of payment of solatium to the plaintiff, the l..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. ......ssion from 1948 and produced documentary evidence of payment of rent from 1951 his accrual of vested right and limitation cannot be negatived by such amendment, High Court Division correctly rejected prayer for amendment. Lawyers Involved: M Nurullah, Senior Advocate, instructed by Sharifu..Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123
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. ......€‘30 or 6‑45 PM and that when he went to the rescue of Rafiq appellant Nurul Haque and Rashid assaulted him with a lathi and he fell down unconscious. He was then coming to mosque to say his Magreb prayer. 16. P.W.8 Md. Shajahan Howladar is a constable who escorted the dead body of Rafiq to M..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. ...... effect that towards adjustment of his unadjusted debt, he has deposited a sum of Tk. 2,00,000/‑ for settlement of the claim what had been made in the money suit itself and for final adjustment his prayer is under the active consideration of the Rank authority. As a good gesture he should deposit ..Category: Election Law | Date: 5 Mar, 1990 | Hits: 136
Azima Begum Vs. Yusuf Khan (Md) and others, 1990, 19 CLC (AD)
....and the parties will be at liberty to take such steps as advised for hearing of the Rule. The appeal is, therefore, allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 53. ......No.375 of 1986). Judgment Mustafa Kamal J.- This appeal by special leave is directed against an order dated 25.9.86 passed by a Division Bench of the High Court Division, Dhaka refusing the prayer for ad interim stay while issuing the Rule in Criminal Revision No. 375 of 1986. 2. Resp..Category: Criminal Law | Date: 14 Feb, 1990 | Hits: 58
Moynul Hasan and others Vs. Nazmul Haq @ Nazmul Hasan and others, 1989, 18 CLC (HCD)
.... impugned order of the learned Subordinate Judge. In the result, the Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 82. ......father late Shamsul Haque and prayed for appointment of a Receiver. On 20.6.1984 the petitioner along with other defendants entered appearance. They filed a written objection on 25.4.1985 against the prayer of appointment of a Receiver stating, inter alia, that the earlier Title Suit No. 287 of 1983..Category: Limitation Law | Date: 28 Nov, 1989 | Hits: 219
Manindra Kumar Malakar Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....e copy of this order be communicated to the Deputy Commissioner, Gazipur and the Jailor, Gazipur District Jail at once for compliance. Ed. This Case is also Reported in: 43 DLR (1991) 71. ......dul Amin Chowdhury, JJ) on 21.4.89. Though the detenu was produced before their Lordships, they did not make any comment or observation as regards the age of the girl. Mr. SS Halder has made repeated prayer for bringing the victim girl before this Court again in order to examine her by us. On the pr..Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104
Sree Birendra Nath Singh and others Vs. Md. Mokbul Shah and others, 1989, 18 CLC (HCD)
....erference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court‑records at once. Ed. This Case is also Reported in: 43 DLR (1991) 77. ......ration of title to the land described in the schedule of the plaint. Plaintiff‑Petitioners filed an application for amendment of plaint and learned Munsif on consideration of the matter allowed the prayer for amendment in respect of inclusion of certain plots into the schedule which were unintenti..Category: Property Law | Date: 2 Aug, 1989 | Hits: 78
Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)
....quo;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 by judgment, the plaintiff has no other alternative but to take shelter of the civil Court for appropriate relief. The plaintiff prayed......arayanganj for permission to sue for ejectment of defendant No.1 on the ground of default". In the said case defendant No.1 was directed to pay the rent with effect from 1.3.50 etc. and the prayer for permission to sue for ejectment of defendant No.1 was ultimately rejected. The appeal aga..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
Ananda and others Vs. State, 1989, 18 CLC (HCD)
....not wanted in connection with any other case. The suo motu Rule for enhancement is disÂcharged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533.......Âted. The absconding convicted accused having surrenÂdered filed this appeal before this court against the judgment and order when a Single Bench of this Court vide order dated 25.5.87 rejected his prayer for bail made by appellant Ananda and suo motu Rule for enhancement of sentence was issued ag..Category: Women and Children | Date: 24 May, 1989 | Hits: 143
Hazrat Ali & Abdur RahÂman Vs. State, 1989, 18 CLC (HCD)
....emned prisoner Hazrat Ali with the modification of sentence of both the condemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ......laint about any police torture and, he himself also found no mark of injury on the person of the deceased. The confessional statement was marked as Ext.4. He admitted that the police also made a prayer for sending the accused to police remand at the time while he was forwarded before him f..Category: Evidence Law | Date: 26 Apr, 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.
......he Court shall give its finding and decision upon each separate issue of law as well as of fact and as such the learned Munsif, now Assistant Judge has not committed any error of law in rejecting the prayer for deciding the question of maintainability of the suit only and dismissing the same at the ..
Category: Employment/Service Law | Date: 18 Apr, 1989 | Hits: 87
Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
....he basis of adverse possession, he only referred to paragraphs 1, 2 and 3 of the plaint which in turn show that the plaintiff is in possession on the basis of contract and nothing else. In the plaint alternative title on the baÂsis of adverse possession has not been pleaded and in the prayer portio...... which in turn show that the plaintiff is in possession on the basis of contract and nothing else. In the plaint alternative title on the baÂsis of adverse possession has not been pleaded and in the prayer portion as well there is no prayer that the possession of more than 12 years has matured into..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. ......ued at Taka eight lakhs and odds. He filed an application under Order 38 Rule 5 for attachment before judgment. It is necessary to detail here as to the scope of such petition under Rule 5. This is a prayer for attachment before judgment. Such prayer is allowed very sparingly beÂcause the jurisdict..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
Jalaluddin Ahmed Chowdhury Vs. State, 1988, 17 CLC (HCD)
....isonÂment till rising of the Court is evasion of the law. Again in a later decision in re Thammana Ramalin-gayya, 1942 Mad. 723 Horwill, J. sitting singÂly observed: “Even in cases where the alternative of fine is not permissible by law, it is objectionable to sentence persons to imprisonme......der of conviction and sentence passed by the Additional DiÂvisional Special Judge is right. In the result, I dismiss the appeal. Ed. This Case is also Reported in: 41 DLR (1989) 87. ..Category: Criminal Law | Date: 23 Mar, 1988 | Hits: 32
Mrs. Sajeda Parvin Banu Vs. Government of BanglaÂdesh 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. ......Court Division made a departure from a view consistently held so far by trying to put a very narrow technical construction on the Rule it issued in the matter. The rule was issued mechanically on the prayer of the "petitioner where there was a superfluous prayer for a rule on the responden..Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95
Md. Nurul Haque Vs. Sonali Bank of Bangladesh & another, 1986, 15 CLC (HCD)
....der section 115(1) C.P.C. The application is, therefore, summarily reÂjected. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 223. ......tiff's case against the defendants are with the proseÂcution or with the Court in the aforesaid CriÂminal Case. Mr. Abdul Hannan, Subordinate Judge Rajbari by order No.13 dated 10.2.86 rejected the prayer made on behalf of the plaintiff Sonali Bank to stay further proceeding of the suit for giving..Category: Criminal Law | Date: 19 Nov, 1986 | Hits: 24
....evidence that may be adduced before him.
Bimaleodu Bikash Roy Chowdhury J. - I, however, make no order as to cost.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 172.
...... plaintiff No.2. The same was simply ordered to be kept with the record. It is thus manifest that the Government was not brought on the record of the suit by any order of the Court. The fact that the prayer for addition was not allowed gets farther confirmation from the fact that in the decree frame..
Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259
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