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M/s. Rising Sun Traders Ltd. Vs. Chittagong Port Authority and another, 1990, 19 CLC (HCD)
.... to by the Port Authority." 22. Another ground on which the learned Subordinate Judge based his finding of misconduct on the part of the Arbitrator is that the Arbitrator concluded the whole proceedings within the period of 25 days. There is no legal requirement that the arbitration p...... matter of fact it was completed on 30.4.1982. After the completion of the work the respondent No. 1 Chittagong Port Authority failed to pay security deposit and bill for work of the contractor total amounting to Taka 14,54,594.88 paisa as a result of which dispute arose between the parties and it w...... 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. ..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. ......ppeal from an order passed therein. It is true that there is no express provision permitting such party to prefer an appeal against such an order. This omission, however, cannot be understood to amount to prohibition. The Court ought not to act on the principle that every procedure is to be tak......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. ..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. ......lleged finger impression of Defendant No.1 Shaikh Salimuddin marked as C, C1 and C2 and also one receipt Ext.5 dated 24.2.71 showing additional alleged advance payment of the consideration money amounting to Tk. 8,000/‑ by the plaintiff containing finger print therein as C3. He obtained speci......t‑lands to the plaintiff and the price was Settled at Tk.25,000/ by mutual agreement in presence of witnesses and some of the defendant 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..Category: Property Law | Date: 15 Mar, 1990 | Hits: 66
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. ...... Provision of section 509A. Cr. P.C The post-mortem report is sought to be admitted into evidence on the ground that the doctor left the country and his attendance can not be procured without an amount of delay or inconvenience which under the circumstances of the case would be unreasonable. St......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. ..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. ......hority has also maintained the order of rejection vide Annexure "D" to the petition. 3. It is argued that before submission of the nomination paper the petitioner had repaid a lump sum amount of taka two lacs against the amount due from the Bank and he was allowed on 17.2.1990 by the ......te which is Annexure‑D to the petition to the 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 ..Category: Election Law | Date: 5 Mar, 1990 | Hits: 136
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 ......appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908) Order XXXIX, rule I The judgement debtor entered into a contract to sell the mortgaged land for satisfaction of the decretal amount but full requirement has not been met. The bank was not a party to the agreement. The outstan......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 ..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. ......eous Case No. 756 of 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...... 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. ..Category: Limitation Law | Date: 28 Nov, 1989 | Hits: 219
Circle Officer, Sutrapur Vs. Mohammad, 1989, 18 CLC (HCD)
....tion of that decree in Money Execution Case No.157 of 1935 and obtained possession of the same through Court. The Bhagyakul Zamiadars possessed and managed the suit pond as their khas land. After the wholesale acquisition of the Zamindaries the suit property became the khas land of the Government an...... 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. ......mindar Manmatha Bennerjee purchased the estate including the suit tank from the legal heirs of Syama Sundari Dasya and thereafter Zaminder of Bhagyakul, Gunendur Krishna Roy Bahadur after obtaining a money decree against Monmatha in Money Suit No.34 of 1934 in the First Court of the Subordinate Judg..Category: Limitation Law | Date: 9 Aug, 1989 | Hits: 178
Ananda and others Vs. State, 1989, 18 CLC (HCD)
....use she was made to eat rice and thereafter she slept in a room where Swapan also slept. In the early morning she wore a saree and started walking for some other destination and after walking for a whole day Swapan took her to village Bahirchar at his uncle's house and it was alleged that all-th...... instant case is the alleged offence of kidnapping of abduction of the victim girl. Abduction or inducing a girl, less then 16 years of age, to go from one place to another, by itself would not amount to an offence punishable under section 366 of the Penal Code unless it was done with the in......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...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. ......at when any fact is deposed to as discovered in consequence of information received from person accused of an offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved....... the driver Sapan Kumar Mitra and his helper Mashiur Rahman but they were not traceable any where. The informant suspected that some miscreants abducted them or murdered them for taking away the money and the valuable's from them and also for hijacking the truck. The informant suspected Haz..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.......ol. 25 412. In that decision it has been held that a person who bases his title on adverse possession must show by clear and unequivocal evidence that his possession was hostile to the real owner and amounts to denial of his title, and that possession that is at its inception permissive must be show...... Areng while owned and possessed the Suit land entered into a contract to sell the suit land to the plaintiff at a consideration of Taka 45,000/- on 15.1.63. The plaintiff paid Taka 4,000/-as earnest money and a bainapatra was executed in favour of the plaintiff and the defendant No.1 put the plai..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. ......
"100. If any Metropolitan Magistrate, Magistrate of the first class or sub-Divisional Magistrate has reason to believe that any person is confined under such circumstance that the confinement amounts to an offence, he may issue a search warrant, and the person to whom such warrant is directe...... Shahidul Islam of my own free will. I want to live with accused Shahidul Islam who is my husband. I will not go to live with my .parents in their house. Accused Shahidul Islam will be able to earn money and maintain me by doing some business".
6. Undisputedly Ranjana Rani Das is not an acc..
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. ...... is lost. Lord Ellenborough in Hartley vs. Hitchcock (1816) 171 ER 512 pointed out "the defendant after the repairs was completed relinquished his possession and could not afterwards detain for the amount of the repairs." This was relied on by the Nagpur High Court in Eduljee vs. Cafe John Bros. A......om one crore and odds it was reduced to only sixteen lakh as on 23rd November, 1983. 9. Now Mohammad Meah, the breaker, became alert to the situation when his dues remained un-paid. He filed the money suit on 24th November, 1983 for Taka twenty four lacs and odds and the scraps in the ship yard..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. ...... between the period from 11.9.76 to 17.7.77 by issuing receipts Nos. 1993 to 2000, 2175 to 2177, 3306, 3313 to 3320, 4105, 4118 to 4120, 4214 & 4215. But the appellant instead of depositing the amount to the Pourashava misappropriated. Upon such allegations Kotwali P.S. Case No. 6(10)80 was ......t the appellant was a tax collector of the Pourashava from 19.9.77 to October, 1982 and Shanti Mohan Chakma submitted an application Ext. I with the allegations that the appellant misappropriated money of the Pourshava. P.W.1 proved the application Ext. I and the signature of Shanti Mohan Chakma..Category: Criminal Law | Date: 23 Mar, 1988 | Hits: 32
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.......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.......r for which she brought Tk. 20, 000/- from her father on different dates and handed over the same to her husband, the accused respondent; that still the accused made pressure on her for bringing more money from her father as dowry which (having) not been done the accused seriously beat her and dro..Category: Women and Children | Date: 29 Jul, 1987 | Hits: 112
Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)
....nciple of res judicata and dismissed the suit. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 56. ......nciple of res judicata and dismissed the suit. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 56. ......is successive transferees, such as Akhil and Haradas and thereafter Chandra Bala, took any legal action for recovery of possession or to be redeemed by the second mortgagee on payment of the mortgage money till Chandra Bala, the third transferee, filed the instant suit in 1957-35 years alter the dec..Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106
Md. Nurul Haque Vs. Sonali Bank of Bangladesh & another, 1986, 15 CLC (HCD)
....proceed on rejection of a prayer for an adjournment and Fry, J. held that he could only treat the case as if the plaintiff had not appeared at the trial. Further if the impugned Judgment is read as a whole it will be found that it is not correct that the learned subordinate judge did not find in his...... on 4.8.78 from the counter but defendant No.1 Nurul Hoque, the Deputy Chief Cashier strangely did not detect the said fact. Defendant No.1 Nurul Haque on the contrary deposited the entire defalcated amount with the plaintiff bank on the same day when detected and Asstt. Cashier Gopal Chandra Sarker...... on record and found that it was genuinely not possible for the plaintiff to appear in the suit without the relevant connected papers and registers relating to the alleged misappropriated amount of money which were seized by the D.A.B. and were with the prosecution in the connected criminal case. ..Category: Criminal Law | Date: 19 Nov, 1986 | Hits: 24
Mansur Ali Vs. State, 1986, 15 CLC (HCD)
....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. ...... 2. The prosecution case, in brief is that the accused appellant Md. Mansur Ali while employed as Store-In-Charge of Lalpur Fair Price Shop during the period from 13-9-72 of 4-6-75 misappropriated an amount of Tk. 52,587.28 paisa and thereby committed an offence punishable under section 409 of the P......minal Procedure. Sub-section (2) of section 222 of the Code of Criminal Procedure reads as follows:- "When the accused is charged with criminal breach of trust or dishonest misappropriation of money, it shall be sufficient to specify the gross sum in respect of which the offence is alleged ..Category: Criminal Law | Date: 13 May, 1986 | Hits: 30
Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)
....eration of this judgment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ......deposit @ Tk.1,08,000/- per year as rent. The District Fishery Development Officer vide his memo dated 10.05.1983 allowed the petitioner to pay rent at that rate and ordered to adjust the excess amount paid for 1389 B.S against the rent of 1390 B.S. Pursuant to the said direction the petitioner...... effect on 4.4.84, that the petitioner had satisfactorily completed the development work of the first term. As to the payment of rent it is the case of the petitioner that he has paid the first lease money amounting to Tk. 1,20000/- for 1389 B.S when it came to the knowledge of the petitioner t..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)
....ent of the learned Lower Appellate Court it affirmed. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD)(1987) 228. ......ent of the learned Lower Appellate Court it affirmed. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD)(1987) 228. ......ent of the learned Lower Appellate Court it affirmed. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD)(1987) 228. ..Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8
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