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Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)
.... this Court after adjudication by the Courts below. With these words I concur with the decision given by my learned brother. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 28. ......0 are allowed and Civil Appeal No.15 of 1990 is dismissed. The Limitation Act, 1908 (IX of 1908), Sections 5 & 29(2) Whether delay can be condoned when an appeal is not filed within the period of limitation under the Special Law In Bangladesh there has been no amendment of the Lim..Category: Limitation Law | Date: 25 Jun, 1990 | Hits: 176
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. ...... forum. As such High Court Division did not commit any illegality in deciding the same in summary proceedings. The Limitation Act, 1908 (IX of 1908), Art. 181 of the First Schedule Whether period of limitation under Article 181 applies to a proceeding under section 38 of the Companies Act..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. ......dgment May 28, 1990. Result: The appeal is allowed. The Transfer Property Act, 1882 (IV of 1882), Section 116 Whether long possession of the tenant alone after expiry of the period of lease will constitute holding over Continuous possession by a tenant with the assent..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. ......se No.29/1982‑83 is void, illegal, fraudulent and inoperative. Her case, briefly, was that she was the owner of the property in suit by purchase from Nakuleswar and Sudhir Chandra Binda. During the period of disturbance in 1971 as her husband used to reside in Dhaka she decided to go to Dhaka and ..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. ...... present case. In the light of the decision in, Brojendra Lal Roy I am of the opinion that the learned Munsif ought to have treated the application as being one made under section 151 CPC to which no period of limitation applies. This is certainly an important question of law. In that view of the ma..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. ......is an ordinary ejectable monthly tenant under the plaintiff in respect of the suit holding at a monthly rental of Tk.625/. A deed of monthly tenancy was executed between plaintiff and defendant for a period of 5 (five) years commencing from the 1st day of January, 1974 embodying certain terms and co..Category: Property Law | Date: 5 Apr, 1990 | Hits: 74
Sonali Bank Vs. M/s Begg & Beg Jute Incorporated Limited & others, 1990, 19 CLC (HCD)
.... of a sum of Rs. 3400/‑ to the defendants and a question of payment of interest arose. In these circumstances a single Bench of Rajasthan High Court held: "Where the rate of interest stipulated in the deed of mortgage was 12 per cent per mensem simple and that was limited to the par......what interest should be awarded to the mortgagee in a mortgage suit from the date of the suit till the date fixed for redemption. The Court is not bound to award contractual rate of interest for such period…………………......... (7) It is not laid down..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)
.... are satisfied that a particular party does not intend to appear and is deliberately keeping away............ (18) There is no legal requirement that the arbitration should be completed within a stipulated period of time. The conclusion of the arbitration proceedings depends upon the facts and ......ied that a particular party does not intend to appear and is deliberately keeping away............ (18) There is no legal requirement that the arbitration should be completed within a stipulated period of time. The conclusion of the arbitration proceedings depends upon the facts and circumstanc..Category: Alternative Dispute Resolution | Date: 28 Mar, 1990 | Hits: 176
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. ......nder section 106 of the Transfer of Property Act, namely termination of tenancy not coinciding with the end of a Bengali Calendar month, is a mere irregularity which can be corrected by extending the period of notice, if it is at all necessary in the circumstances of the case – Learned C..Category: Tenancy Law | Date: 25 Mar, 1990 | Hits: 124
Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)
.... Nos. 2‑11. The plaintiff paid Tk.10,000/‑ as earnest money to defendant No.1 on 7.12.69 in presence of the witnesses and the defendant No.1 executed a bainapatra in the same sitting. It was stipulated that he would execute and register a kabala within three years thereof on receipt of the ......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. ..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. ......s of the case. All he submits is that defendant No. 1 has himself led documentary evidence to show his possession as a tenant of Gul Mohammad not earlier than 1951. The suit was filed well within the period of limitation of 12 years. The plaintiff filed an application for an amendment of the plaint ..Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123
Momin Miah & another Vs. Moinuddin Hossain & another, 1989, 18 CLC (AD)
....rect to the bank and they were also put into possession of the land. But when defendant No.1, in terms of the Compromise decree, failed to deposit the shortfall of Tk.1.00 lakh to the bank within the stipulated time- 31.12.1983- the appellants-purchasers deposited the shortfall- Tk.1.00 lakh- to the......he bank which the bank accepted; but when the shortfall of Tk 1.00 lakh was not paid by defendant No.1, the appellants on his behalf paid the deficit of Tk 1.00 lakh, though beyond the stipulated period. Mr. Hakim has submitted that the bank's interest lay only in receiving the shortfall of Tk 1..Category: Contract Law | Date: 4 Dec, 1989 | Hits: 222
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. ......and the same was allowed on contest by judgment dated 27.1.83 which is reported in 35 DLR (AD) 178. The said SCC Suit No.5/70, the further proceedings of which remained stayed during the said interim period was made ready for trial after vacating the stay order in SCC Court of the 4th Court of Munsi..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 discharged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533.......currence to one of the neighbours and when the news spread, the neighbouring people recovered her from the house of accused Prem Charan and informed the police. She further stated that during the period of confinement Swapan committed rape against her will. 3. The police after completing inve..Category: Women and Children | Date: 24 May, 1989 | Hits: 143
Hazrat Ali & Abdur Rahman 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. ......ed on 24.10.82 and 27.10.82 and the statement under section 342 of the Code of Criminal Procedure was made on 25.5.85. The condemned prisoners did not complain of any torture by the police for a period of 3 years. The P.W.9 and P.W.12 were cross examined on the point on 26.2.85 and in the ..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.
...... Chief Commandant, Railway Nirapatta Bahini, West Zone, Rajshahi by his hired miscreants. He was also involved in some criminal cases. So, he was not allowed to resume his duty. During his suspension period, he remained absent from the Head Quarter without permission of the authority concerned and a..
Category: Employment/Service Law | Date: 18 Apr, 1989 | Hits: 87
....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. ......circumstances, acting under the provision of section 100 of the Code of Criminal Procedure, an order that a person who has been wrongfully confined, be kept in custody of the Court for a reasonable period of time in a neutral home or any other place with a view to ascertain what the free will of t..
Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
.... including custom duty, income tax, breaking cost, incidental costs, bank charges and, interest. It was also agreed that the importer would repay the L/C value along with bank charges entirely within stipulated period of 120 days from the date of handing over the vessel to the Bank, and, in the even......with the plaintiff. The defendant also agreed to pay Taka one lac for storing the materials after the cutting and breaking of the vessel on the land belonging to the plaintiff at Mouza Bhatiari for a period of one year from 1st April, 1982. The plaintiff completed the work of cutting by 30th Septe..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
Jalaluddin Ahmed Chowdhury Vs. State, 1988, 17 CLC (HCD)
....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. ......y on the accusations, inter alia, that the accused, a Tax Collector of Rangamati Pourashava, realised from different Tax payers of Reserve Bazar and other places a sum of Taka 893.10 in between the period from 11.9.76 to 17.7.77 by issuing receipts Nos. 1993 to 2000, 2175 to 2177, 3306, 3313 to 33..Category: Criminal Law | Date: 23 Mar, 1988 | Hits: 32
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. ...... from 27th March, 1986. For about Seven months the Government did not take any action nor there is any averment that a preventive action is under the contemplation of the Government. During this period the detenu, as a Member of the Parliament, attended sessions-of the Parliament and drew his u..Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95
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