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Sonali Bank Vs. Nurul Kader and another, 1990, 19 CLC (HCD)
....er and another……………………………….Opposite Parties Judgment April 5, 1990. Result: This Rule is made absolute. Order 9 CPC indicates that none of the rules empowers a court to dismiss a suit on a da......that the record of Money Suit No. 23/79 which was dismissed for default on 30.6.82 has been destroyed under rule 478 of CRO Vol I……….” Although the records of the suit called for by [his court have arrived in spite of the order dated 20.3.86 as quoted above, the learn......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. ......onali Bank………………………………………………….Petitioner Vs. Nurul Kader and another……………………………&..Category: Civil Law | Date: 5 Apr, 1990 | Hits: 1
Kanak Mala Vs. Md. Safiuddin & others, 1990, 19 CLC (HCD)
................................Petitioner Vs. Md. Safiuddin & others.................................Opposite Parties Judgment April 5, 1990. Result: The Rule is made absolute. A notice under section 106 of the Transfer of Property Act, 1882, for vacating a suit p......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. ......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. ......nsfer of Property Act, 1882, for vacating a suit premise shall be for six months. Section 18 of Premises Rent Control Act, 1991 puts emphasis on the bona fide requirement of the premises by the landlord. The premises in question must be required for a particular purpose. ..Category: Property Law | Date: 5 Apr, 1990 | Hits: 74
Sonali Bank Vs. M/s Begg & Beg Jute Incorporated Limited & others, 1990, 19 CLC (HCD)
....……......... (7) It is not laid down that the plaintiffs are entitled to interest on decretal amount as a matter of right or that the payment of interest on decretal amount is compulsory…...... (8) The awarding of interest on the decretal amount either from the date of ...... 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. ...... 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. ......the date of the decree or from the date of the decree till realisation is purely a matter of discretion of the Court.....................(9) Cases Referred to- Dawoodbhai Kassemji Matiwalla and another Vs. Shaikhalibhoy, AIR 1953 (Born) 445; Kishenlal and others Vs. Radhalal and other..Category: Civil Law | Date: 1 Apr, 1990 | Hits: 79
Aftabuddin Fakir Vs. Sowdagar Rabi Das & others, 1990, 19 CLC (HCD)
................................Petitioner Vs. Sowdagar Rabi Das & others............................Opposite Parties Judgment March 29, 1990. Result: The Rule is made absolute It is incumbent on the part of the 1st Appellate court as final court of fact to discuss......ion laid down in Order XLI rule 31 CPC. 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) 42. ...... case the plaintiff opposite party claimed title to the suit land on the basis of lease purported to have been taken by their predecessors but no document in support of that lease was produced during trial. 15. Plaintiff examined 6 witnesses and defence Petitioner side examined 5 Witnesses. Bu................Opposite Parties Judgment March 29, 1990. Result: The Rule is made absolute It is incumbent on the part of the 1st Appellate court as final court of fact to discuss and assess evidence on merit and to give his own finding………............(10) ..Category: Civil Law | Date: 29 Mar, 1990 | Hits: 65
M/s. Rising Sun Traders Ltd. Vs. Chittagong Port Authority and another, 1990, 19 CLC (HCD)
...............................Respondents Judgment March 28, 1990. Result: The appeal is allowed. The Arbitrator should give notice to other parties about ex-parte hearing and also about the passing of ex-parte award…............ (10) It is well settled that Arbitra...... 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. ......sh decision and disposal on all points in the light of the observations made therein. 8. It is the further submission of the learned advocate for the appellant contractor that the finding of the trial Court to the effect that the reference to arbitration was barred by limitation as the dis......iction) Present: Muhammad Sohrab Ali J Md. Badruzzaman J M/s. Rising Sun Traders Ltd.............................................Appellants Vs. Chittagong Port Authority and another..............................Respondents Judgment March 28, 1990. Result:..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)
..........................Petitioner Vs. Md. Abdul Mannan and others.....................................Opposite Parties Judgment March 27, 1990. Result: The Rule is made absolute. H.M. Saya & Co. V. Wazir Ali Industries Ltd. 21 DLR (SC) 50 Case referred, Where a ......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. ......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. ......vision (Civil Revisional Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Bangladesh Leaf Tobacco Company Ltd........................Petitioner Vs. Md. Abdul Mannan and others.....................................Opposite Parties Judgment March 27, 1990. ..Category: Property Law | Date: 27 Mar, 1990 | Hits: 75
Zahura Khatun and others Vs. Rokeya Khatun and others, 1991, 20 CLC (AD)
....dgment and decree of dismissal of the suit passed by the lower Appellate Court upon setting aside those of the Trial Court. 2. Facts necessary for the disposal of the appeal are that the predecessor-in-interest of the present appellants instituted Title Suit No.67 of 1981 in the 3rd Court of Mu......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. ......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. ......991) 98. ..Category: Tenancy Law | Date: 25 Mar, 1990 | Hits: 124
Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)
....eople sign in the same manner on all occasions, (2) expert opinion on the genuineness of the signature should be received with great caution especially in a case when there is positive evidence of persons who saw a person sign, (3) All the test evidence by the expert in the matter of comparision of ......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 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. ......ivision (Appellate Jurisdiction) Present: Md. Ismailuddin Sarker J Muhammad Ansar Ali J Sheikh Salimuddin................................Appellant Vs. Ataur Rahman and others........................Respondents Judgment March 15, 1990. Result: T..Category: Property Law | Date: 15 Mar, 1990 | Hits: 66
Abdur Rabban (Md) Vs. Aminul Hoque Sowdagar and another, 1990, 19 CLC (AD)
....dismissed. The Evidence Act, 1872 (I of 1872), Section 17 Whether admission of the defendant in a separate proceeding can be accepted as evidence to hold that he was a tenant under predecessor-in-interest of the plaintiff whose case against the defendant was that of trespass in the suit l...... 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. ......ho has already obtained a decree for his eviction from the tenanted house. Defendant No. 2 cannot now resist execution on the false story of attornment to his own, son the plaintiff. 5. Both the trial Court and the first appellate Court on an examination of the plaintiff’s papers and docu...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdur Rabban (Md) .......................................................Appellant Vs. Aminul Hoque Sowdagar and another..........................Respondent Judgment March 15, 1990. Result: ..Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123
Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)
.... Scrutiny of evidence with utmost caution Enmity is a double-edged weapon providing motive for offence as well as for false implication. Evidence in such case needs to be scrutinised with care so that guilty person is not wrongly acquitted on the plea of enmity nor innocent person wrongly con......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. ......0 of 1985. Judgment Syed Fazle Ahmed J.- Appellants namely, Ataur Rahman, Amir Hossain, Mofazzal Hossain, Abdur Rab Bhuiyan, Siddique Sarker and Nurul Haque along with others were placed on trial before the Sessions Judge, Munshiganj in Sessions Case No. 45 of 1985 to answer charge under s......sar Ali J Ataur Rahman & others ...............................Appellants Vs. The State.......................................................Respondent Judgment March 12 and 14, 1990. Result: Both the appeals are dismissed. Evidence can not be rejected fo..Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65
Anisuzzaman Vs. State, 1990, 19 CLC (HCD)
....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 Powers Act and a person can not be convicted under section 16 for committing theft of such property……&hell......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. ......he accused persons. 4. The Special Tribunal, Jamalpur framed the charge against the accused persons produced in court under section 16 of said Act to which they pleaded not guilty and prayed for trial. The other two accused were absconding. 5. P.W.1 Abdur Rahman, the informant, supported t......e 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 Powers Act and a person can not be convicted under section 16 for committing theft of such property…&hel..Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86
Momin Miah & another Vs. Moinuddin Hossain & another, 1989, 18 CLC (AD)
....e property was under equitable mortgage, to sell the property for Tk.7.00 lakh to clear the debts, and in case the sale proceeds fell short of this amount he was to make up the shortfall from his own sources Accordingly, defendant No.1 entered into an agreement dated 6 December 1983 with the appella......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 ...... bank but that was refused due to lapse of date fixed. Then a suit for specific performance of contract being filed by the plaintiff against the judgement debtor defendants, in view of such facts the trial courts order staying proceeding of the execution case is perfectly justified and the High Cour......ember 4, 1989. Result: The 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 ..Category: Contract Law | Date: 4 Dec, 1989 | Hits: 222
Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)
....o.57 of 1987 it appeared to us that in a case reported in 34 DLR (AD) 309 their Lordships of the Appellate Division expressed a view that against a judgment of acquittal the State or the aggrieved person may prefer an appeal under section 30 of the Special Powers Act. Relying upon the aforesaid deci......ce by us. In the result, this appeal is dismissed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ......cused Nawshed and the victim girl Uma Rani Malakar. After investigation police submitted charge sheet under the aforesaid provisions of law. Ultimately the case was sent to the Special Tribunal for trial as an offence under section 4(b) of Ordinance No.LX of 1983 as triable under the Special Power......ondents Judgment August 16, 1989. Result: This appeal is dismissed. Cases Referred to- Firoza Begum Vs. Hormuz Ali & another, 40 DLR 161; Abdul Halim Mollah alias Monohar Mollah and another Vs. The Member, Appellate Tribunal, Dhaka and others, 34 DLR (AD) 309; Abbas Bahara and ..Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153
Sree Birendra Nath Singh and others Vs. Md. Mokbul Shah and others, 1989, 18 CLC (HCD)
....hers...........................Opposite Parties Judgment August 2, 1989. Result: The Rule is discharged. Non-exercise of discretion – an error of law The amendment sought for ought to have been allowed by the Trial Court inasmuch as amendment is necessary for dete......erference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court‑records at once. Ed. This Case is also Reported in: 43 DLR (1991) 77. ......erference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court‑records at once. Ed. This Case is also Reported in: 43 DLR (1991) 77. ...... This Case is also Reported in: 43 DLR (1991) 77. ..Category: Property Law | Date: 2 Aug, 1989 | Hits: 78
Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)
......................................Appellant Vs. A.K. Murshid and others...................................Respondents Judgment May 25, 1989. Result: The Rule is made absolute. Cases Referred to- Nasiruddin Vs. Govt. of Bangladesh & ors. 32 DLR (AD) 216;......rtial Law Administrator on 15.4.84 and that as Regulation No.3(6) of Martial Law Regulation No.1 of 1982 provides that no order, judgment, sentence or proceedings of a Martial Law Court shall be called in question in any manner whatsoever, by or before any Court including the Supreme Court, the......n 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 Munsif, Narayanganj. Major Monw......l Revisional Jurisdiction) Present: FHMH Rahman J Mohammad Ismailuddin Sarker J Meher Ali....................................................Appellant Vs. A.K. Murshid and others...................................Respondents Judgment May 25, 1989. Res..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
Ananda and others Vs. State, 1989, 18 CLC (HCD)
....chamat and at that time accused Swapan and Montu accompanied her and thereafter Afroza did not come back. In the complaint he expressed his belief that in collusion with Montu he had abducted her for some illegal purpose. He with the help of neighbours made rigorous search but getting no trace he ......hough she could see everything. Swapan without taking her to her sister's working place took her to a village named Sreerampur against her will. From that village accused Swapan took her to a village called Bahirchar and kept her there in Ratan's house and from there Swapan took her to village Massa...... persons namely, Swapan, Ananda and Prem Charan under sections 366(a)/377 of the Penal Code read with Cruelty to Women (Deterrent Punishment) Ordinance, 1983. The accused were eventually placed for trial before the learned Special Judge when during the trial accused Swapan confessed to his guilt b......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)
....ngpur Bench) (Criminal Appellate Jurisdiction) Present: Bimalendu Bikash Roy Choudhury J Habibur Rahman Khan J Hazrat Ali & Abdur Rahman...............Condemned Prisoner & Appellant Vs. The State.........................................Respondent ......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. ......ice after investigation submitted charge sheet against five accused including the two condemned prisoners under sections 302/34 of the Penal Code. 4. The accused persons were placed on trial before the Sessions Judge, Bogra having been charged under sections 302/34 and 201/34 of ...... Commutation of the sentence of death to imprisonment for life. The Evidence Act, 1872 (Act No. I of 1872); Section 27 The Code of Criminal Procedure (V of 1898); Section 164, 342 and 364 Discovery of the dead bodies are relevant fact for finding out the clue The c..Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152
....ent of the issues of fact until after the issues of law have been determined. 30 DLR(SC) 30 cited. ......... (7)
Determination of issues of law, foremost concern of the court
If any court resolves that a case or any part thereof may be disposed of on the issue of law only, then it shall tr......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.
...... if the finding thereon is sufficient for the decision, may pronounce judgment accordingly. In DLR 30(SC) page 30 this views have been expressed by their Lordships................. (9)
Piecemeal trial discouraged
The general rule of procedure is that the trial of a suit should not be held...... (1991) 79.
..
Category: Employment/Service Law | Date: 18 Apr, 1989 | Hits: 87
Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
....nsif, Sadar, Mymensingh and obtained a decree on 2.5.67. After the death of defendant No.2's mother, the defendant No.1 had no connection with this defendant and used to live with his second wife somewhere else. The contesting defendant constructed a shop hut and a gadi-ghar in the suit proper......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.......also denied the contract of sale as set up by the plaintiff with defendant No.1. According to this defendant, the bainapatra is a forged document and the suit is liable to be dismissed. 4. The trial Judge decreed the suit. Being aggrieved by that, present appellant has preferred this appeal......eries Vol. 7 page; 34 AIR 1958 Punjab 335; ILR Pat, Vol. 25 412; Azad Jammu & Kashamir, PLD 1960 page 26; 265 DLR 490. Lawyers Involved: Habibul Islam Bhuiya, Advocate - For Appellant. Khandker Mahbubuddin Ahmed - For Respondent. Appeal from Original Decree No. 59 of 1981. Judgmen..Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
...............Petitioner
Vs.
The Secretary, Ministry of Home Affairs, Govt. of Bangladesh and Others……....Opposite Parties
Judgment
December 13, 1988.
Result:
The Rule is made absolute.
Cases Referred to-
Bhola Nath Goshami Vs. The Commissioner of Police, Calcutta and oth...... strangely did not direct them to surrender before the Court of Upazila Magistrate, Araihazar in whose Court the said case is pending. The Sessions Judge by his order dated 6.11.88 made following uncalled for observations beyond his jurisdiction prejudicing the trial;
“উপরোক্ত......Upazila Magistrate, Araihazar in whose Court the said case is pending. The Sessions Judge by his order dated 6.11.88 made following uncalled for observations beyond his jurisdiction prejudicing the trial;
“উপরোক্ত অবস্থা বিবেচনা করিয়া দে......990) 79. ..
Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193
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