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M/s. Rising Sun Traders Ltd. Vs. Chittagong Port Authority and another, 1990, 19 CLC (HCD)
....for delay in informing the work under clause 2.55 of the Contract document. 4. The learned Subordinate Judge dismissed the suit and set aside the Award by Judgment and order dated 26.9.1988 holding, inter alia, that the reference was time barred under clause 2.103 of the Contract Agreement......e Arbitrator found that it was "not legal and justified" as the delay in performance of the contract work was contributed in no small measure by the Port Authority such as, delay in handing over site of work, supply of materials drawings, adding additional work and for all these, time..Category: Alternative Dispute Resolution | Date: 28 Mar, 1990 | Hits: 176
Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)
....respective cases and both the sides filed some documents. The learned Subordinate Judge on consideration of the materials on record decreed the suit by his judgment and decree dated 24.7.80 holding, inter alia that the LTI in Ext. 5 is not the LTI of defendant No. 1 and the statement of th......nsideration 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, to take legal steps in the matter and made over the bainapatra and the receipt to him for the purpose. Then the country was seriously involved ..Category: Property Law | Date: 15 Mar, 1990 | Hits: 66
Abdur Rabban (Md) Vs. Aminul Hoque Sowdagar and another, 1990, 19 CLC (AD)
....if, Satkania against Subhashini Singha with respect to some land unconnected with the suit land and obtained a decree therein on 25.11.58. Having failed to execute the decree by sale of the rent suit holding, Haji Abdus Samad got the rent decree transferred from Satkania Munsif’s Court to the ......chedule Whether Plaintiff can be allowed to amend the plaint to save limitation There is no dispute that article 137 of the First Schedule of the Limitation Act applies in this case for recovery of possession by the auction purchaser plaintiff which commences from the date of dispossessio..Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123
Abdul Momen Bhuiyan Vs. Haji Payez Ali Mia and others, 1990, 19 CLC (HCD)
.... get any fact as to the terms and conditions under which the loan was taken. Thus, only on the circumstances regarding the repayment of loan their Lordships refrained themselves from interfering with holding of the office which was questioned in the form of quo warranto. In our opinion, this decisio......llip;.Petitioner Vs. Haji Payez Ali Mia and others.......................Opposite Parties Judgment March 5, 1990. Result: The petition is summarily rejected. Local Government (Upazila Parishad and Upazila Administration Re-organisation) Ordinance, 1982; Secti..Category: Election Law | Date: 5 Mar, 1990 | Hits: 136
Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)
....recommending to constitute a Full Bench in order to decide the matter finally. But in the present case it is not necessary because we, relying upon the above decision of the Appellate Division, are holding than either the State or any person aggrieved can prefer an appeal under section 30 against ...... 2/3 occasions. He denied the suggestion that his sister Uma Rani embraced Islam and that Uma Rani requested her father to embrace Islam. 11. P.W.3 Majibur Rahman was the Head Master of Kaliakoir Government Primary School. He stated that on 15.2.86 he was acting as Head Master of the aforesaid Pr..Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153
Ziaul Hoque Vs. Election Commission, 1990, 19 CLC (HCD)
....pazila Nirbahi Officer to take action in pursuance of aforesaid notification dated 4.11.89 (Annexure 'C'); that on 1.3.90 Election, Commission published a notification fixing 16.3.90 for holding election of Chairman, Nabinagar Upazila; that the petitioner and his large number of su...... 1990. Result: The Rule is discharged. Delimitation of the area of the upazillas in question can not affect the petitioner who is not resident of any of the villages taken away by the Government by an impugned notification. The residents of the villages in question are the only person..Category: Election Law | Date: 14 Jun, 1989 | Hits: 98
Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
....able to adverse." Again the learned Author says:- "Where a party is in possession of lands in privity with the original owner nothing short of an open and explicit disavowal and disclaimer of a holding under that title, and assertion of title in himself brought home to the owner, will satisf......rom. The defendant No.4 sent the petition to the Sub-Divisional Officer, Sadar (North) for enquiry and after enquiry the relevant Magistrate directed the plaintiff to vacate the suit land and to hand over possession of the same to the defendant. The threat of the Magistrate and the claim of defendan..Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
....nsidered by any court which reads as under: "Attachment before judgment shall not affect the rights existing prior to the attachment, of persons not parties to the suit, nor bar any person holding a decree against the defendant from applying for the sale of the property under attachment......the High Court Division was justified in giving a direction for striking off the Money Execution Case No. 56 of 1984. 6. In this background the matter was debated before this Court. The controversy is rather simple; Janapad Enterprise purchased the ship for the purpose of breaking it into s..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
Jalaluddin Ahmed Chowdhury Vs. State, 1988, 17 CLC (HCD)
....ed Special Judge after considering the evidence on record came lo the finding that the accused realised the money from different tax payers but deposited the money alter the offence was committed. So holding he passed a sentence of imprisonment against the accused till rising of the Court taking a l......der of conviction and sentence passed by the Additional Divisional 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 Bangladesh and others, 1988, 17 CLC (AD)
.... the order of detention dated 15th August, 1987 that order could not be interfered with. 28. Two questions call for determination in this appeal: (a) whether the High Court Division was right in holding that the Rule became infructuous on the revocation of the order dated 27th June, 1987 though...... (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Mrs. Sajeda Parvin Banu...........................Appellant Vs. Government of Bangladesh and others.........Respondents Judgment March 20, 1988. ..Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95
Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)
....hat Chandra Bala was set-up by her brother Khemesh who had unsuccessfully contested the Redemption Suits as defendant No. 3. 5. The trial Court by judgement dated 27 August 1959 decreed the suit holding that the suit was not barred by limitation or by res judicata and that the plaintiff was in ...... 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 delivered possession to him. Thus ..Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106
Mansur Ali Vs. State, 1986, 15 CLC (HCD)
....537 of the Code of Criminal Procedure. 7. Hence it is ordered that the judgment and the order of conviction and sentence is accordingly set aside and the case is sent back to the Special Judge for holding trial in accordance with law. The appeal is, therefore, disposed of accordingly. Bimal......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)
....ssioner (Revenue), Moulvi Bazar suddenly put the fishery in auction on 25.05.1984 for the period 1391 B.S. to 1393 B.S. in spite of the petitioner's existing lease. The petitioner objected to the holding of auction and somehow the fishery was omitted from the auction list. 3. But immediatel......settlement from 01.04.1982 and the Minister of State of the Ministry of Fishery and Livestock passed an order on 15.08.1985 for settlement of the said fishery with the petitioner at 51% enhanced rate over the present rate. Pursuant to the said order the District Fishery Development Officer, Sylhet i..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)
....t it appears that it took into consideration the averments made in the plaint of Title Suit No.201 of 1956, miscellaneous proceeding case No.562 of 1970 and Money Suit No.6 of 1969 for the purpose of holding that the surrender was not acted upon. The finding as to whether a document by which certain...... of the learned Munsif, Barguna made in Title Suite No.7 of 1974. 2.The plaintiff instituted this suit for establishment of title and confirmation of possession or in the alternative for recovery of khas possession in the suit land and for a declaration that the order made in vested P..Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8
Ruhul Amin Vs. The State, 1986, 15 CLC (HCD)
....of 1983 as amended by Ordinance No.XXIX of 1985 the accused petitioner is to be deemed to have been released on 30 September 1985 on stopping the trial. The learned Sessions Judge rejected the prayer holding that section 8 of Ordinance No.XXXVII of 1983 applies to cases in which cognizance was taken...... Criminal Procedure was made omitting to mention section 35(C) of Ordinance No.XXIV of 1982, that the cognizance of the present offence having been taken on 10.3.81 by the Judge, the present case is covered by section 35(C) of Ordinance No.XXIV of 1982 which is directory and not mandatory and that s..Category: Criminal Law, Procedural Law | Date: 19 Mar, 1986 | Hits: 3
Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)
.... Council and Municipal Committees (Dissolution and Administration) Order, 1972 was promulgated on 21st January, 1972. By Article 3 all the Local Councils were dissolved and the persons holding office as Chairman, Vice-Chairman, etc. ceased to hold office and then clause (c) provided t...... not commit any offence and acquitted him of the charge. 6. The complainant then preferred the present appeal. In this appeal the only point raised was that the learned Additional Sessions Judge overlooked the provision of law inasmuch as after the promulgation of P.O. 7 of 1972 dissolving..Category: Family Law | Date: 17 Mar, 1986 | Hits: 1
Abdul Awal Vs. Abdul Mannan & another, 1986, 15 CLC (AD)
....set it aside. But at the same time the learned Sessions Judge observed that the Magistrate might proceed against the petitioner under section 200 Cr.P.C. that is, to take cognizance, if necessary, by holding judicial enquiry. The Sessions Judge's order was challenged again and ultimately it came bef......ind any illegality in the High Court Division's order directing inclusion of the petitioner among the list of the accused and for trial of the two cases in the same court according to the proceeding governing trials of cross-cases. The petition is dismissed. Ed. This Case is also ..Category: Criminal Law | Date: 16 Mar, 1986 | Hits: 77
Abul Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 1986, 15 CLC (HCD)
....arty, submits that the Tribunal has not considered the evidence on record that both at the time of election and after it, the petitioner never submitted any complaint with regard to the peaceful holding of the election and peaceful counting of votes. It is only in the election petition that he ......on and even if votes of that nature were cast it could not be determined for whom those were cast. There was no false voting, the election was peaceful and as a popular man of his locality the people overwhelmingly voted in his favour. The petitioner examined 5 p.ws. including himself and the o..Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4
Noor Mohammad Vs. The State, 1985, 14 CLC (HCD)
....ry into the above noted occurrence I examined Noor Mohammad (accused appellant) (son of Monir Ahmed) husband of the deceased and other neighbouring witnesses who were present at the time of holding inquest and ascertained that on 5.9.83 at evening deceased Lutfunessa Begum was cutting fish......the prosecution is that P.W.5 Dr. Mustafa Syed, Medical Officer Thana Dispensary, P.S. Anwara was called to the residence of accused appellant Noor Mohammad on 5.9.83 in the night. He found one wound over the left knee joint of accused appellant Noor Mohammad. He stitched the wound and prescribed me..Category: Criminal Law, Evidence Law | Date: 29 Nov, 1985 | Hits: 5
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....d any compensation to the complainant and accordingly it was held in the facts of that case that there should not have been double sentence and as such the sentence of fine was set aside while upholding the sentence of imprisonment. 9. In the case reported in 35 C.W.N. the conviction ......dmittedly submitted on 24.11.82 it was a pending case at the commencement of the Criminal Procedure Code (Second Amendment) Ordinance 1983 (Ordinance No.XXXVII of 1983) and as such the case would be governed by section 8 of the said Ordinance which provides thus: "Notwithstanding the ..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 3
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