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Sonali Bank Vs. M/s Begg & Beg Jute Incorporated Limited & others, 1990, 19 CLC (HCD)
....th payment of interest in a mortgage suit under a circumstance. Order 34, rule 11 leaves it to the discretion of the Court 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 rat...... side did not pay as promised in satisfaction of the plaintiff's dues. There was dues and owning a sum of T'k. 11,05,485/39 paisa in the said account as on 20.1.83. The plaintiff served legal notice on 10.8.82 demanding payment but the defendants failed to pay the said amount. Hence the suit......suit under a circumstance. Order 34, rule 11 leaves it to the discretion of the Court 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…..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)
....espondent No. 1. Appeal from Original Order No.24 of 1989. Judgment Md. Sohrab Ali J. - This Appeal under section 39 of the Arbitration Act directed against the Judgment and order dated 30.4.1989 passed by the Subordinate Judge, 2nd Court, Chittagong in Other Suit No.5 of 1987 se...... Vs. Chittagong Port Authority and another..............................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….......………………(22) The law has not prescribed a minimum time limit within which an arbitration proceeding must or must not be concluded although it has provided for maximum time limit of 4 months or within such extended time as the court may allow...........(24..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)
.... 1988. Judgment Mohammad Ismail Uddin Sarker J. - This Rule was issued at the instance of the petitioner calling upon the plaintiff‑opposite parties to show cause as to why the order dated 2.4.88 passed by the learned District Judge, Dhaka in Title Appeal No. 23 of 1988 should not b......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. ......arned District Judge, Dhaka in Title Appeal No. 23 of 1988 should not be set aside. 2. The plaintiff‑opposite parties instituted Title Suit No.465 of 1978 in the court of the 1st Munsif, Dhaka for declaration of title to the suit land and for recovery of khas possession by evicting the defen&..Category: Property Law | Date: 27 Mar, 1990 | Hits: 75
Zahura Khatun and others Vs. Rokeya Khatun and others, 1991, 20 CLC (AD)
....tructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellants. Aftab Hossain, Advocate-on-Record-For the Respondents. Civil Appeal No.27 of 1986. (From the Judgment and older dated 11-9-85 passed by the High Court Division, Dhaka Bench in Civil Revision No.576 of 1984). ......tion 106 Whether the present defendant- respondents who were substituted during the pendency of the suit upon the death of the original tenant are liable to be ejected without any further notice and whether the defect in this notice under section 106 of the Transfer of Proper...... 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 Counsel for the landlord‑ appellants has not pressed the first point on which leave was granted. When the ..Category: Tenancy Law | Date: 25 Mar, 1990 | Hits: 124
Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)
....;………………….……..(29) Article 113 provides for limitation in a suit for specific performance of contract and it is three years from the date fixed for performance of the same and if no such date is fixed when the plaintiff has noticed t......le 113 provides for limitation in a suit for specific performance of contract and it is three years from the date fixed for performance of the same and if no such date is fixed when the plaintiff has noticed that performance is refused.………………(30) Cases ......he defence ipso facto does not make the plaintiff’s case believable. 10 DLR (PC) page 1 cited In the case of an expert disposal of a suit, some requirements of law must be fulfilled before passing an expert decree in favour of the plantiff by the court. The court is required to come ..Category: Property Law | Date: 15 Mar, 1990 | Hits: 66
Abdur Rabban (Md) Vs. Aminul Hoque Sowdagar and another, 1990, 19 CLC (AD)
....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 and the deposition of defendant No.1 in miscellaneous case Nos. 66 of 1963 could not......s of Gul Mohammad were satisfied. A deposition by defendant No. 1 in an mother case (Miscellaneous Case No. 66 of 1963 arising out of OS No. 33 of 1966 filed by plaintiff against Subhashini) was also noticed by the Courts below. Defendant No. 1 Stated therein that he never denied the plaintiff's......ot be admitted into evidence as an admission suggesting an inference that he was a tenant in the suit land. But such application and deposition could be admitted into evidence suggesting an inference for the purpose of falsifying the claim of the defendant as to evidence adverse possession because a..Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123
Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....in motion. Therefore, non‑mention of bench in front of Ansar Ali's shop cannot be said to be embellishment on prosecution case. 10. P.W.2 Md. Nurul Islam stated in his evidence that on the date of occurrence at about 6‑30 PM he was sitting on a bench in front of the shop of Ansar Ali Ka......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. ......he State.......................................................Respondent Judgment March 12 and 14, 1990. Result: Both the appeals are dismissed. Evidence can not be rejected for discrepancy in detail Discrepancy in the matter of detail of incident always occurs even in..Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65
Anisuzzaman Vs. State, 1990, 19 CLC (HCD)
....that 4 motors were stolen. He further stated that on his information P.W.1 went to the place of occurrence and made a search for the motors in vain. He corroborated P.W.1 saying that on the following date he heard that 4 electric motors were kept in Jamalpur PS where he went and identified the same ......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. ......owers 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…………………&hellip..Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86
Momin Miah & another Vs. Moinuddin Hossain & another, 1989, 18 CLC (AD)
....tal 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 that was refused due to lapse of date fixed. Then a suit for specific performance of contract being filed by the plaintiff against th......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 ......r 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 a pa..Category: Contract Law | Date: 4 Dec, 1989 | Hits: 222
Moynul Hasan and others Vs. Nazmul Haq @ Nazmul Hasan and others, 1989, 18 CLC (HCD)
...., Advocates ‑For the Opposite‑Party No. 1. Civil Revision No.505 of 1987 Judgment AKM Sadeq J. - This Rule obtained by the plaintiff‑petitioners, is directed against order No. 30 dated 31.12.86 passed by Mr. AKM Fazul Karim, Subordinate Judge, 3rd Court, Dhaka in Miscellaneous C......he ex parte decree dated 27.2.84 as against him in Title Suit No. 278 of 1983 on the ground that he did not receive any summons and he came to learn about the ex parte decree on 27.9.84 on receipt of notice in FMA Case No. 174 of 1984 preferred by the petitioners against the order dated 16.3.85 of a......gst the compromising parties, to the exclusion of the opposite party No.1 (defendant No.8). This speaks of suppression, even fraud. Studied in the light of the decisions cited by the learned Advocate for the opposite parties, limitation was not a material point for decision of the Miscellaneous Case..Category: Limitation Law | Date: 28 Nov, 1989 | Hits: 219
Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)
....al No.215 of 1989 Judgment Md. Mozammel Hoque J.- This Criminal Appeal No.215 of 1989 (previously Criminal Revision No.94 of 1989) is directed against the judgment and order of acquittal dated 29.1.89 passed by the Additional Sessions Judge and Special Tribunal, Gazipur, in Special Tr......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. ......Ordinance No. LX of 1983). 2. By an order dated 2.4.89 this case was directed to be heard along with Criminal Miscellaneous Case No.57 of 1987. So, both the cases are heard together by us, but for the sake of convenience we are giving two separate judgments in two cases. 3. Before discussi..Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153
Manindra Kumar Malakar Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....prepared............. (10) The Headmaster of Chapair (West) Primary School gave a certificate regarding the age of the detenu, which has been given on a plain paper but not on any school pad. No date of birth of the girl was given there, it is very difficult to rely on the alleged certificate........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. ......hat she was born on 29th of Agrahayan, 1379BS. But the said horoscope was made on a plain paper without any signature of its maker. Moreover, it is a private document which may be created at any time for any special purpose. It is very difficult to rely on such a private document which can be create..Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104
Circle Officer, Sutrapur Vs. Mohammad, 1989, 18 CLC (HCD)
....েহেতু আপীলটি তামাদিতে বারিত সেই হেতু ইহা খারিজ করা হইল।” 6. Being aggrieved by the said order dated 21.8.88 passed by the District Judge, Dhaka the defendant petitioners obtained this Rule. ......য়েরে বিলম্বের যে কারণ দর্শানো হইয়াছে তাহা গ্রহণযোগ্য নয়। " The learned District Judge has not noticed and taken into consideration the following reasonable grounds stated on affidavit in the pet...... Vs. Mohammad ...................................Opposite Party Judgment August 9, 1989. Result: The Rule is made absolute. Same privilege of government and citizens for filing appeal for delay condonation The law is the same for the Government as well as for t..Category: Limitation Law | Date: 9 Aug, 1989 | Hits: 178
Sree Birendra Nath Singh and others Vs. Md. Mokbul Shah and others, 1989, 18 CLC (HCD)
....of an registered document falls within the scope of Order 7 rule 18 of the Code of Civil Procedure The policy underlying this legal provision is to exclude evidence the existence of which at the date of the suit is doubtful and as to the genuineness of which suspicion may arise because it was p......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. ..............................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 determining..Category: Property Law | Date: 2 Aug, 1989 | Hits: 78
Ziaul Hoque Vs. Election Commission, 1990, 19 CLC (HCD)
....r the Respondent No.5. Civil Petition No.897 of 1990. Judgment Kazi Ebadul Hoque J. - In this case Rule was issued on 15.5.90 at the instance of petitioner Ziaul Huq (a contesting candidate who got third highest votes) on the five respondents (including respondent No. 5 who was d...... 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. .............................(7) After the publication of the result in the official gazette the elected chairman acquires a vested right and remedy of the aggrieved person is to the Election Tribunal for redress of grievance........................ (9) Cases Referred to- 40 DLR (AD) 270; ..Category: Election Law | Date: 14 Jun, 1989 | Hits: 98
AK Banik & Khokan Kumar Saha Vs. M. Karim & another, 1989, 18 CLC (HCD)
....ion. 2. In Contempt Petition No.9 of 1989 the petitioner, filed Writ Petition No.220 of 1989 in the High Court Division challenging the order of detention of his father Anukul Chandra Banik dated 31.1.89 issued by the District Magistrate, Jessore under section 3(2) of the Special Powers Ac......y concerned is to inform the Ministry at least on telephone. 5. The Deputy Inspector General of Prisons, Dhaka Division, Dhaka by Memo No.1545 (Security Branch) dated 21.3.89 brought to the notice of the Inspector General of Prisons, Government of Bangladesh and pointed out the practi......under section 3(2) of the Special Powers Act, 1974, later on approved by the Ministry of Home Affairs by Memo dated 8.2.89 under section 3(3) of the Special Powers Act, 1974 detaining the detenu for 3 months from 3.2.89. By judgment and order dated 5.4.89 a Division Bench of this Division made ..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)
.... 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. Ibrahim Ali, District Judge, Narayanganj in Title Appeal No.184/84 a......ises in the suit land illegally without permission of his land lady to defendant No.2 Ful Chand Mia and Rustam Ali Mia (predecessor of defendant Nos.3-6), the plaintiff terminated his tenancy by quit notice dated 16.1.70 with the expiry of the month of February, 1970 directing him to hand over vacan......hat he instituted Title Suit No.56/84 in the Court of Subordinate Judge, Narayanganj against the defendant opposite parties A.K. Murshed, Full Chand Mia, Rahatan, Milan Mia, Razzak and Aklima praying for a decree of declaration of plaintiffs title in .16 acre of plot No.131 (Shabek Pukurpar-at prese..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
Hazrat Ali & Abdur Rahman Vs. State, 1989, 18 CLC (HCD)
....ase of the prosecution was that in course of investigation the police arrested accused Hazrat Ali, who was in the thana custody since 20.10.82 in connection with the motor accident case No.17 of 1982 dated 17.10.82. The accused made certain statements to the Investigating officer on the basis of whi......ceased Mashiur Rahman, went to Bogra and got information that the truck met with an accident at Gohail on Bogra Natore road and they all went and found a truck there with Number T-813 and it was noticed by them thatthere was an attempt to change the number from 813 to 810. On further enquiry th.............................................Respondent Judgment April 26, 1989. Result: The death reference is rejected with 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 Proc..Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152
....lan Advocate ‑For the Petitioners.
MA Mannan Advocate ‑ For the Opposite.
Civil Revision No. 275 of 1986
Judgment
Muhammad Ansar Ali J. - This Rule calls in question an order dated 28.12.85 passed by the learned Munsif (Assistant Judge), Upazila Court Iswardi, District‑Pab......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.
......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 that purpose may, if it thinks fit, postpone the settlement of the issues of fact until after th..
Category: Employment/Service Law | Date: 18 Apr, 1989 | Hits: 87
Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
....that there is a contract for sale on 15.1.63 and by virtue of the agreement for sale he got peaceful possession in the suit land as inducted by defendant No.1. The plaintiff asserted that since the date of agreement he is in peaceful possession of the suit land. The contesting defendant on the oth......e against his landlord by adverse possession. It can operate as an ouster if he abandons the idea of holding as a tenant and sets up and adverts an exclusive right in himself. He must either give notice of his claim or his possession should be accompanied by some overt act asserting an ownership...... Latifur Rahman J.- This appeal is directed against the Judgment and decree passed by the Additional Court of Subordinate Judge, Mymensingh in O.C. Suit No. 270/79 decreeing the plaintiffs suit for simple declaration of title. 2. The plaintiff filed a Suit for declaration of his title in th..Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
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