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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. ......foresaid pledge of jute goods. The cash credit limit of 5 lacs was renewed and enhanced to Tk.40 lacs in the year of 1976‑77 against pledge of jute goods and equitable mortgage of the schedule property at Block No.NE(K) Plot No.11, Road No.83, Gulshan Model Town, Dhaka. The above limit of Tk...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. ......hich adversely affected his interest. Section 52 of the Transfer of Property Act provides that during the pendency of any suit or proceeding which is not collusive and in which any right to immovable property is in question, the property cannot be transferred or otherwise dealt With by any party to ..Category: Property Law | Date: 27 Mar, 1990 | Hits: 75
Zahura Khatun and others Vs. Rokeya Khatun and others, 1991, 20 CLC (AD)
....riginal tenant are liable to be ejected without any further notice, they being not recognised as tenant by the landlord-appellants, on the ground that the right of occupation of a monthly tenant is a personal right which creates no interest in the land and that this personal right which is not herit......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. ..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. ......e plaintiff appeared in that suit and 16.5.73 was fixed for filing written statement. Thereafter there was talk for compromise and in that suit defendant No.1 admitted to have agreed to sell the suit property to the present plaintiff and he also admitted delivery of possession of the suit property i..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. ......arned Subordinate Judge, 1st Court, Chittagong in Title Suit No. 18 of 1983 on 5.7.75, decreeing the suit. 2. The Suit was for declaration of title to the suit land with 3 houses thereon, a town property at Chittagong, with confirmation of possession of Schedule A (southern portion) and recover..Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123
Anisuzzaman Vs. State, 1990, 19 CLC (HCD)
....roject authority. In the result, I allow the appeal with the aforesaid observation. The appellant is released from his bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 35. ...... The appeal is allowed. The question is whether theft of electric pumps will be an offence punishable within the meaning of section 16 of the Special Powers Act, 1974. It is held that theft of property belonging to the citizen does not attract the provision of section 2(1) of the Special Powe..Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86
Momin Miah & another Vs. Moinuddin Hossain & another, 1989, 18 CLC (AD)
....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 ......Judgment Shahabuddin Ahmed J. – The question involved in this appeal by special leave is whether the trial Court’s order staying the proceedings of an Execution Case (only in respect of the property in T.S. No. 319 of 1986) pending disposal of plaintiffs-appellants’ suit for specific per..Category: Contract Law | Date: 4 Dec, 1989 | Hits: 222
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. ...... 1985 allowing an application under Order 9 rule 13 of the Code of Civil Procedure. The parties herein are heirs and descendents of late Shamsul Huq who died leaving a substantive amount of immovable property. 2. The petitioners and the opposite party No. 1 are full brothers born of the womb of..Category: Limitation Law | Date: 28 Nov, 1989 | Hits: 219
Manindra Kumar Malakar Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....e is being rotten in jail custody for last three years and that she has been waiting with much patience and bearing such sufferings only with a hope to go to her husband Nawshed. We examined the girl personally, and from our knowledge, experience and human perception we felt that the detenu is quite......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. ..Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104
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. ......case are that the opposite parties as plaintiffs instituted a suit being Title Suit No. 68 of 1986 in the First Court of Subordinate Judge, Dhaka for a declaration of their 16 annas title to the suit property being a pond having an area of 8640 acre of CS plot No. 212 of CS Khatian No.12133 of Mouza..Category: Limitation Law | Date: 9 Aug, 1989 | Hits: 178
AK Banik & Khokan Kumar Saha Vs. M. Karim & another, 1989, 18 CLC (HCD)
.... stating facts they have stated that as a Jailor and Deputy Jailor their duty is to receive and release the prisoner as and when directed by the Courts of law or the authority concerned. They have no personal interest in keeping a person in detention any more than is necessary. The advance order of ......bsequently may be accepted. Let a copy of this judgment be forwarded to the Secretary, Ministry of Home Affairs forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 122. ..Category: Contempt of Court Law, Criminal Law | Date: 11 Jun, 1989 | Hits: 102
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. ......). Defendant No.1 A.K. Murshed in the Summary Militery Court claimed adverse possession in the suit land without observing the legal requirements of first surrendering the possession of the property to the owner and then regaining the same through Court on establishing adverse possess..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
Hazrat Ali & Abdur Rahman Vs. State, 1989, 18 CLC (HCD)
....re certain incriminating articles were recovered. It was held: "It has been well established that shortly after the murder of Nuruddin which was accompanied by robbery of the personal goods which he himself brought out from the place of which he alone had the exclusive knowl......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. ..Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152
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.......ment for sale. The defendant No.2 who is the daughter of defendant No.1 filed petition before the Additional Deputy Commissioner (Welfare Mymensingh), defendant No.4 asserting her title to the suit property and seeking aid for getting possession by evicting the plaintiff there from. The defendant ..Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
....t be sent at once to the Sessions Judge and the Deputy Commissioner, Narayanganj and also to the Upazila Magistrate Araihazar Upazila.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 79. ....... Under the Guardians and Wards Act, 1890 read with the Majority Act 1875 any person (male or female) below the age of eighteen years is a minor for the purposes of guardianship of minor's person and property.
In the matter of guardianship and custody of the person of a minor the Court may put th..
Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193
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. ......ith utmost care. In this case the trial Court granted the prayer despite the objection of the Bank. Be it noted that the Bank filed an application under Order 38, Rule 8 for investigation of claim to property attached before judgment and it was numbered as Misc. Judicial Case No. 1 of 1984. The Hi..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
Firoza Begum Vs. Hormuz Ali & another, 1987, 16 CLC (HCD)
....appeal is, therefore, not maintainable on this ground also. The appeal accordingly is summarily dismissed on the grounds suited above. Ed. This Case is also Reported in: 40 DLR (1988) 161.......th or with transportation for life or with rigorous imprisonment for a term which may extend to fourteen years, and shall also be liable to fine. Explanation.- In this section, "dowry" means any property or valuable security demanded from the wife or her parent, guardian or any other relation..Category: Women and Children | Date: 29 Jul, 1987 | Hits: 112
Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)
....e Jaw as to right of such a purchaser in a Letters Patent appeal, "Dhapubhai Mini v. Chandra Nath", 42 CWN 721, in the following words: "A simple mortgage is a contract creating a personal obligation to repay the loan. It also operates as a conveyance of an interest in the proper......ct and ha made a lengthy submission as to rights and interests of a mortgagee-auction-purchaser on a suit for enforcement of mortgage. He has contended that when a prior mortgagee brings the mortgage property to sale and himself purchases if he acquires the equity of redemption. He has explained tha..Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106
Sreemati Parul Kusum Roy Vs. Bangladesh & others, 1987, 16 CLC (HCD)
....declared to have been passed without any lawful authority and to be no legal effect. Bimalendu Bikash Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 389. ......ment Amin-ur-Rahman Khan J. - This Rule is directed against the order of the respondent No.3, namely the Upazila Nirbahi Officer, Anowara dated 14.09.85 declaring the disputed properties as vested property on the recommendation of the respondent No.4, namely Upazila, Revenue Officer, Anowara and ..Category: Property Law | Date: 22 Mar, 1987 | Hits: 13
Md. Nurul Haque Vs. Sonali Bank of Bangladesh & another, 1986, 15 CLC (HCD)
....ected that 2000 pieces of 50 taka notes amounting to Taka 1 00 000/- (Taka one lac only) in two bundles were not found in the almirah. The matter was brought to the notice of the Branch Manager who personally verified the same and also found that the said 7000 pieces of 50-Taka notes were not anyw......der section 115(1) C.P.C. The application is, therefore, summarily rejected. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 223. ..Category: Criminal Law | Date: 19 Nov, 1986 | Hits: 24
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