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Muzibur Rahman Talukder Vs. AKM Musa and others, 1992, 21 CLC (HCD)
....lip Kumar Basak, the then Magistrate, 1st Class and Upazila Magistrate, Madaripur wherever they are now, in accordance, with law. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 21. ......or some time when he was served with a notice (Annexure-A) issued by the respondent No. 1 directing him to appear before him on 28.12.88 for hearing a complaint petition filed by the petitioner's landlords, respondent Nos. 5 and 6, for evicting the Petitioner therefrom. The petitioner could not ......a Magistrate, Madaripur wherever they are now, in accordance, with law. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 21. ......ing for the respondent Nos. 5 and 6, on the other hand, submits that the Upazila Nirbahi officer had power to take action to save the property of a person and in view or the fact that the property in question was going to be damaged, the respondent Nos. 5 and 6 approached the respondent. No. 1 for t..Category: Criminal Law | Date: 25 May, 1992 | Hits: 107
Syed Ali Mandal alias Md. Syed Ali and 4 others Vs. State, 1992, 21 CLC (HCD)
....of the same and discharged from their respective bail bonds. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 149. ......of the same and discharged from their respective bail bonds. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 149. ......ail bonds. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 149. ......r and unless that is proved no one can be convicted under section 5(2) of Act 11 of 1947. He further submits that there is also no evidence that these appellants have been entrusted with the goods in question and they with dishonest intention misappropriated the same. When there is no evidence that ..Category: Criminal Law | Date: 20 May, 1992 | Hits: 2
State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)
....eferred any appeal and remained fugitive. Criminal Petition for Leave to Appeal No.91 of 1988 filed by the complainant is disposed of in the above terms. Ed. This Caseis also Reported in: ......eferred any appeal and remained fugitive. Criminal Petition for Leave to Appeal No.91 of 1988 filed by the complainant is disposed of in the above terms. Ed. This Caseis also Reported in: ......l Petition for Leave to Appeal No.91 of 1988 filed by the complainant is disposed of in the above terms. Ed. This Caseis also Reported in: ......y because of a lack of true perception of the said facts. The High Court Division in this case does not seem to have been at all aware that there was a counter‑case arising out of the occurrence in question which is admitted, that there were two versions of the same incidents and that in the case ..Category: Criminal Law | Date: 14 May, 1992 | Hits: 73
Bengal Metro Engineering Co. and others Vs. Agrani Bank, 1992, 21 CLC (HCD)
....it is almost ready for hearing, if that be so, let the suit be disposed of as expeditiously as possible. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 168 ......it is almost ready for hearing, if that be so, let the suit be disposed of as expeditiously as possible. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 168 ...... ...... only because a suit has been instituted for the realisation of the loan‑money by the Bank. He, however, frankly concedes that before moving this application for permission to sell out the goods in question by inviting tenders, no notice was served upon the defendant‑petitioners along with a cop..Category: Contract Law | Date: 5 May, 1992 | Hits: 2
Category: Fiscal/Taxation Law | Date: 23 Apr, 1992 | Hits: 8
Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)
.... 1) Is the suit maintainable in its present form? 2) Is the suit barred by limitation ? 3) Is the suit bad for defect of parties 4) Have the plffs. any right, title and interest or possession in the suit land? And are the plffs. entitled to get a decree as prayed for ? 5) To ...... to this Rule are in a nut‑shell as follows: The opposite parties 1‑5 as plaintiffs instituted the above title suit for specific performance of a contract alleging, inter alia, that the suit land with an area of 0.27 acre belonged to one Musim Ali, proforma‑defendant No.3 who sold the sam...... Present: Muhammad Ansar Ali J Asim Ali…………………………………….Petitioner Vs. Badaruddin @ Suruj Mia & others………………….Opposite Parties......hat in the instant case, the vendor has not restricted the vendees in the suit‑land in their purchase, but the vendees restricted themselves in the enjoyment of their absolute right in the lands in question by putting a restriction on its transfer to any 3rd party other than the pro‑defendant No..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
Category: Property Law | Date: 22 Apr, 1992 | Hits: 4
Category: Constitutional Law | Date: 4 Mar, 1992 | Hits: 3
Younus Chokdar Vs. Election Commission and others, 1992, 21 CLC (HCD)
....asan, Upazila Shibchar, District Madaripur by post for information and necessary action as he thinks fit and proper. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 395 ......ub article 2(b)(ii) of Article 102 requiring him to show under what authority he claims to hold that office. It is well known that the jurisdiction under the aforesaid provision amounts to what in England used to be known as prerogative exercise of the writ of quo warranto." 9. In the said......rmation and necessary action as he thinks fit and proper. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 395 ......ion Parishads) Ordinance, 1983 is the relevant statute by which the Union Parishads have been set up and in die said statute the voters of any Union Parishad has not been given any statutory right to question the election of the Chairman and members of any Union Parishad. Right to vote and the right..Category: Administrative Law, Election Law | Date: 27 Feb, 1992 | Hits: 2
Category: Administrative Law | Date: 12 Feb, 1992 | Hits: 1
Sri Kirtish Chandra Dev Vs. Begum Sufia Akhtar and Others, 1992, 21 CLC (HCD)
....€‘ The opposite party No. 1 as plaintiff instituted Title Suit No. 183 of 1981 in the Court of the Subordinate Judge, Comilla for declaration of his rayati right and also title by way of adverse possession and for confirmation of possession in the suit land and further with a prayer for permane......itle Suit No. 183 of 1981 in the Court of the Subordinate Judge, Comilla for declaration of his rayati right and also title by way of adverse possession and for confirmation of possession in the suit land and further with a prayer for permanent injunction against the defendants. Subsequently the def......d Others................Opposite Parties Judgment February 5, 1992. Result: The Rule is made absolute. Code of Civil Procedure (V of 1908); Order 6, rule 17 Before allowing any amendment or alteration of the pleading, whether the Court must came to a finding that such ......r alteration is necessary— Before allowing any amendment or alteration of the pleading, the Court must come to a finding that such amendment or alteration is necessary for determining the real question in controversy between the parties and further that such amendment or alteration does not c..Category: Civil Law, Procedural Law | Date: 5 Feb, 1992 | Hits: 1
Category: Property Law | Date: 15 Jan, 1992 | Hits: 3
Category: Employment/Service Law | Date: 12 Jan, 1992 | Hits: 6
Sonwar (Md.) Vs. Kamal Kha, 1992, 21 CLC (HCD)
.... Premises Rent Control Ordinance reads thus: "(1) Notwithstanding anything contained in the Transfer of Property Act, 1882, or the Contract Act, 1872, no order or decree for the recovery of possession of any premises shall be made as long as the tenant pays rent to the full extent allowabl......ortnight after the refusal of the money order though he subsequently sent the arrear rent by 3 money orders which were all refused by the petitioner as before. Under the Transfer of Property Act, the landlord has a right to terminate the tenancy by giving a notice to quit on the tenant in the manner......ioner Vs. Kamal Kha...............................Opposite Party Judgment January 6, 1992. Result: The Rule is made absolute. Cases Referred to- Md. Golam Hossain Vs. Mst. Asia Khatun reported, 40 DLR (AD) 1; Ramjan Ali Mistry Vs. Md. Hedayetulta, 31 DLR (AD) ......cumulation of arrears of rent which was accepted by the landlord without objection. Mere acceptance of arrear rent is not sufficient to constitute waiver. The learned SCC Judge has not dealt with the question of waiver so as to bring out the opposite party from the category of habitual defaulter. In..Category: Property Law, Tenancy Law | Date: 6 Jan, 1992 | Hits: 3
Category: Banking Law | Date: 27 Aug, 1991 | Hits: 180
BD Sangbadpalra Parishad (BSP) Vs. Government of the People's Repub. of BD, 1991, 20 CLC (AD)
....rsonal interest in the subject matter. We, therefore, find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991)126. ......that is litigation at the instance of a public‑spirited citizen espousing causes of others, has been facilitated by the absence of any constitutional provision as to who can apply for a writ. In England various texts were applied. Sometimes it was said that a person must be aggrieved" or he m......patra Parishad (BSP) represented by its Secretary General Anwarul Islam........ Petitioner Vs. The Government of the People's Republic of Bangladesh, represented by its Secretary, Ministry of Information and four others ..................Respondents Judgment July 15, 19......titution. It held that the petitioner has no direct personal interest in the Act or in the implementation of the Wage Board award. "It is not liable to pay anything to anybody under the award in question but it is the, owners of the individual newspaper who are pay and they are actually aggriev..Category: Constitutional Law | Date: 15 Jul, 1991 | Hits: 251
Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)
....laintiff paid the earnest money amounting to Taka 8,000/‑ in four instalments within the month of Falgoon 1384 BS. On receipt of the aforesaid amount of earnest money the defendant No.1 handed over possession in respect of the cultivable portion of the suit land to the plaintiff. It was settled th......eading to the Rule are: The opposite parties as plaintiff instituted a suit for specific performance of contract with a prayer for execution and registration of the kabala in respect of the suit land by the defendant No.1 and, in default, by the court in their favour stating that the suit land ......Court High Court Division (Civil Revisional Jurisdiction) Present: Habibur Rahman Khan J Jonab (Md.) Ali …………….................Petitioner Vs. Md Moslemuddin and another………….…Opposite Parties Judgment June 3, 1991. Result: T......umbhan Lakshmanna and others Vs. Thugirala Venkateswaria, reported in 2 DLR (PC) 83. Fromthe reading of this decision it becomes clear that where no difficulty arises in arriving at a conclusion, the question respecting onus recedes to the background but where court finds it difficult to make up its..Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958
Category: Property Law | Date: 30 May, 1991 | Hits: 85
Tapash Nandi Vs. State and others, 1991, 20 CLC (HCD)
....ial continue and come to an end as would be desired by both the parties. Communicate this order to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 26. ......ial continue and come to an end as would be desired by both the parties. Communicate this order to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 26. ...... by both the parties. Communicate this order to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 26. ......or to be less than 18 years, is to be the basis. 5. Mr. Khandker Mahabub Hossain, the learned Advocate appearing for the opposite party, on the other hand, submitted that in the instant case the question is not a question of juristic status of a party but an age referable to the provision of th..Category: Women and Children | Date: 28 Mar, 1991 | Hits: 86
Category: Property Law | Date: 12 Mar, 1991 | Hits: 77