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Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)

....th great caution……………… (26) Eklas Khan and or vs Prayesh Chandra Das and or BLD 1987 (AD) 142 cited It has been held that an expert’s opinion particulary of a hand writing expert is always received with great caution. So in assessing or evalu......as bargadar under this defendant that the alleged bainanama and the receipt are all false and fabricated documents. This defendant never received the earnest money of Tk. 10,000/‑ or the additional payment of Tk.8,000/‑ as alleged. The plaintiff and his father were bargadars under this defendant......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)

....t he was a tenant under predecessor-in-interest of the plaintiff whose case against the defendant was that of trespass in the suit land Since the relationship of landlord and tenant between the parties was never a fact in issue in the suit the application of the defendant No.1 dated 12.1.1966 ......plaintiff which commences from the date of dispossession of his predecessor-in-interest the judgment-debtor- since defendant No. 1 traces his possession from 1948 and produced documentary evidence of payment of rent from 1951 his accrual of vested right and limitation cannot be negatived by such ame...... 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. ..

Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123

Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)

....fficult due to insufficient light In the present case occurrence took place after the evening and there was insufficient light to identify the appellants and therefore doubt arises regarding the participation of the appellants in the crime. ....... (27) Photographic picturisation not possi......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. ......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)

.... of 1987 in the Court of the Subordinate Judge, Narsingdi for realisation of the Bank dues against the petitioner. 6. The petitioner on 14.2.1990 deposited the amount of Tk. 2,00,000/‑ towards partial adjustment of his said liability. The concerned Bank Manager issued the certificate which is......(2)g Contract Act, [XII of 1872]; Section 62 A candidate in an election of Union Parishad can be declared disqualified by the Returning Officer on the ground that he had defaulted in making payment of certain installments of loan taken from some banks and as such his nomination can be reje......2]; Section 62 A candidate in an election of Union Parishad can be declared disqualified by the Returning Officer on the ground that he had defaulted in making payment of certain installments of loan taken from some banks and as such his nomination can be rejected under section 7(2)g of the Loc..

Category: Election Law | Date: 5 Mar, 1990 | Hits: 136

Momin Miah & another Vs. Moinuddin Hossain & another, 1989, 18 CLC (AD)

....908) 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 outstanding amount was tendered against balance claim of the bank but th......the Compromise decree. The appellants then filed the suit for specific performance of the contract for sale both against defendant No.1 and defendant No.2 the bank, and prayed for a decree subject to payment of Tk.1.00 lakh by them as a Nominee of defendant No.1. In that suit they prayed for and obt......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

Circle Officer, Sutrapur Vs. Mohammad, 1989, 18 CLC (HCD)

....aratively speaking in the case of the Government in such matter various authorities, formalities and complications including allocation of budget and sanction of fund by the relevant Ministry under a particular head are involved and as such Government requires longer time in making the decision and ...... 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. ...... 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. ..

Category: Limitation Law | Date: 9 Aug, 1989 | Hits: 178

Ziaul Hoque Vs. Election Commis­sion, 1990, 19 CLC (HCD)

....ware of the taking away of the said two unions from Nabina­gar Upazila from long before the election and the voters of the said two unions did not boycott the election but they spontaneously took part in the election; that the petitioner has filed Election Tribu­nal Case No. 3 of 1990 in the...... is discharged with compensatory cost of Tk. 5,000/‑ (Taka five thou sand) only to be paid to the respondent No. 5 by the petitioner. Ed. This Case is also Reported in: 43 DLR (1991) 9. ...... is discharged with compensatory cost of Tk. 5,000/‑ (Taka five thou sand) only to be paid to the respondent No. 5 by the petitioner. Ed. This Case is also Reported in: 43 DLR (1991) 9. ..

Category: Election Law | Date: 14 Jun, 1989 | Hits: 98

Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)

....bubuddin Ahmed, Advocate—For Opposite Parties. Civil Revision No.452 of 1986. Judgment Fazle Hossain Mohammad Habibur Rahman J. - This Rule was issued calling upon the opposite party No.1 AKM Murshed lo show cause why the judgment and order dated 18.1.86 passed by Mr. Md. Ibra......was prayed that in paragraph 16 of the present plaint in the 7th line the word 'lands' will be deleted and thereafter the following shall be inserted, "defendant No.1 became defaulter in payment of rent and as such Shorojini Bala instituted a case in the Court of the House Rent Controll......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. ..

Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152

Inspector, Railway Nirapatta Bahini, Bangladesh Railway, Khulna and others Vs. Sohrab Ali, 1989, 18 CLC (HCD)

.... Result: The Rule is discharged Priority of determination of issues of law Where issues both of law and of fact arise in the same suit, the Court is of opinion that a case or any part thereof may be disposed of on the issues of law only, it shall try those issues first, and for ......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. ......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. ..

Category: Employment/Service Law | Date: 18 Apr, 1989 | Hits: 87

Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)

....session as such, the trial Court acted illegally in declaring title on the basis of ad­verse possession alone. The learned Advocate next contends that in the suit no specific issue was framed by the parties regarding the acquisition of title by ad­verse possession and as such the trial Court acted......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.......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...

Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941

Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)

....th the Bank, the latter is free to follow any of the ways legally available to it for realisation of its dues. The Court will refrain from making any officious direction that the Bank should follow a particular security or collateral. High Court Division’s order of vacating attachment is upheld…......te of handing over the vessel to the Bank, and, in the event of failure to retire the bills by paying the Bank's dues on demand, the Bank would dispose of the ship to adjust the liabilities. As per repayment arrangement respondent Nos. 2 and 3 were to break the vessel at their cost and then take del......plication under Order 38 Rule 5 for attachment of the scheduled properties before judgment. Plaintiff was engaged for breaking the ship which was pur­chased by M/S. Janapad Enterprise on obtaining a loan from the Pubali Bank. Ship was imported for the purpose of breaking as scrap. Pubali Bank fi­n..

Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252

Mrs. Sajeda Parvin Banu Vs. Government of Bangla­desh and others, 1988, 17 CLC (AD)

.... that date and so he was taken back to the custody and immediately thereafter the detention order was served. The sequence of events show that it was colourable exercise of power and mala fide on the part of the respondent. 10. The learned Additional Attorney-General contended that the prosecut......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. ......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. ..

Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95

Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)

....y order as to costs. The Code of Civil Procedure, 1908 (V of 1908) Section 11 An adverse finding against a defendant when the suit is dismissed is not res judicata in a subsequent suit interparties. But if the adverse finding is actually the decision of the suit and it forms a fundamental ...... auction purchaser nor his 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 195......t led to this appeal are given in the following paragraphs. 2. The land in suit comprising plots Nos. 1958 and 1965 originally belonged to two brothers, Jaghabandhu and Hara Govinda. To secure a loan they mortgaged it by a simple mortgage deed dated 15 November 1911 to Siristidhar. Thereafter t..

Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106

Subitri Bari Vs. Assistant Custodian of Enemy Property & Additional Deputy Commissioner (Rev) Patuakhali & others, 1986, 15 CLC (HCD)

....itioner Vs. Assistant Custodian of Enemy Property & Additional Deputy Commissioner (Rev) Patuakhali & others……………………Opposite-parties Judgment September 16, 1986. Result: The Rule is made absolute. Cas......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. ......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. ..

Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259

Mansur Ali Vs. State, 1986, 15 CLC (HCD)

.... suffic­ient to specify the gross sum in respect of which the offence is alleged to have been committed, and the dates between which the offence is alleged to have been committed, without specifying particular items or exact dates, and the charge so framed shall be deemed to be a charge of one offe......ction 5(2) of Act II of 1947. 3. The defence of the appellant was that the other officer of the corporation including the Manager used to take various goods from the fair price shop without making payment. The unfair transactions by the Mana­gerial staff continued for a long time which resulted ......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)

....eclaration that the cancellation of the lease of the petitioner and extending the lease of Basirpur Fishermen's Co-operative Society Ltd. was without lawful authority. The Court after hearing the parties vide judgment dated 08.03.1982 made the Rule absolute and set aside the cancellation order. ......fact the District Fishery Development Officer had also issued a certificate to the 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 amou­nti......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. ..

Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247

Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)

....ntested the suits by the filing a written statement and an additional written statement contending Inter alia that the suit was not maintainable. It was barred by limitation and was bad for defect of parties. His case was that Kinu Bhutan was the original and real owner of 12.05 acres of land of C.S......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

Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)

....ject to such conditions, if any, as may be deemed fit, the permission applied for. (4) In deciding the application the Arbitration Council shall record its rea­sons for the decision, and any party may, in the prescribed manner within the prescribed period and on payment of the prescribed fe......plied for. (4) In deciding the application the Arbitration Council shall record its rea­sons for the decision, and any party may, in the prescribed manner within the prescribed period and on payment of the prescribed fee, prefer an application for revision, in the case of West Pakistan to t......ce to pay a fine of Tk. 1000/- in default to suffer simple imprisonment for three months. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 140. ..

Category: Family Law | Date: 17 Mar, 1986 | Hits: 1

Shaikh Obaidul Haq Vs. The State & another, 1986, 15 CLC (HCD)

....ase. 3. The petitioner's case is that he was the Managing director of Dhaka Paints Limi­ted which was the principal agent dealer of Berger Paints Bangladesh Limited of which the Opposite party is the Regional Sales Manager. As the appointed agent/dealer the petitioner used to sell the p......s the peti­tioner by instituting the criminal case No.572A of 1981 under section 420 of the Penal Code alleging that two post dated cheques for total amount of Tk. 1,01560/30 have been dishonored payment by the peti­tioner's banker and further 36 cheques covering Tk. 10,95,079/31 have be......li­tan Magistrate, Dhaka be quashed. Latifur Rahman, J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105.         ..

Category: Criminal Law | Date: 20 Feb, 1986 | Hits: 1

Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)

.... J Md. Abdul Jalil J Alhaj Mamtaj Meah…………….……...........Petitioner Vs. The State.........................................Opposite party Judgment January 30, 1986. Result: The Rule is discharged. Cases Refe......of the case in accordance with law as expeditiously as possible. Md. Abdul Jalil, J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 152.     ......of the case in accordance with law as expeditiously as possible. Md. Abdul Jalil, J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 152.     ..

Category: Criminal Law, Procedural Law | Date: 30 Jan, 1986 | Hits: 1