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Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)
....n reported in 15 DLR 634 and has quoted in his impugned judgment from the above decision that the right to a vendor of immovable property on the basis of an agreement to transfer by the vendee at the time of sale is assignable. But Mr. Matin has pointed out that the learned Subordinate Judge has tak...... Court are upheld. There will be no order as to cost. Let the records be sent down immediately along with a copy of this judgment. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 96 ..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
....etitioner of Writ Petition No. 273 of 1991 being an Association is not a person aggrieved and petitioners of the other petitions have no right in the matter of Government Policy which is changed from time to time. He further submitted that under clause II of Import Policy Order 1989‑91 and clause ...... the three petitions fail and the Rule discharged without any order as to costs. Order of status quo stands vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 221
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Category: Constitutional Law | Date: 4 Mar, 1992 | Hits: 3
Sri Kirtish Chandra Dev Vs. Begum Sufia Akhtar and Others, 1992, 21 CLC (HCD)
...., has submitted that it is true that the application for amendment of the plaint was made at a very belated stage, but the delay in filing the same has been explained in a separate application at the time of its filing. He has further submitted that the law provides for amendment of pleadings under ...... be transmitted to the court below at once. The order of stay is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 313 ..Category: Civil Law, Procedural Law | Date: 5 Feb, 1992 | Hits: 1
....ondent to show cause why the aforesaid memo Annexure‑B should not be declared to have been passed without any lawful authority and this Court stayed the operation of the said Memo Annexure‑B from time to time till the disposal of the Rule. One Badruzzaman Khan filed Title Suit No. 32 of 1990 in ......erms of the lease deed.
Let a copy of this order be sent to respondent Nos. 1, 3 and 5 immediately.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 403
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Category: Property Law | Date: 15 Jan, 1992 | Hits: 3
....olidated salary of Tk. 195.00 plus a sum of Tk. 20.00 as conveyance allowance per month and that his service will be terminated without any notice or assigning any reason and that he would have whole time engagement as the Godown Keeper in the godown of Orient Textile Mills Ltd. Mirerbagh, Dhaka. It......parties' account and has been granted all facilities available to a temporary worker. It is further contended that applicant 1st party Sekendar Ali Howladar being temporary worker having no fixed scale of pay is not entitled to any regular annual increment of pay and is not entitled to have his ..
Category: Employment/Service Law | Date: 12 Jan, 1992 | Hits: 6
Sonwar (Md.) Vs. Kamal Kha, 1992, 21 CLC (HCD)
....te party was never a defaulter in payment of rent of the petitioner. The petitioner occasionally visited the suit premises and realised rent for two months, three months, six months and one year at a time and issued receipts in favour of the opposite party. He also incurred an expense of Taka 672.73......te parties without costs. The petitioner does get khas possession of the suit premises by evicting the opposite party therefrom. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 346 ..Category: Property Law, Tenancy Law | Date: 6 Jan, 1992 | Hits: 3
....f the Head Office of the Agrani Bank Building, Motijheel. CA, Dhaka informed the Bangladesh Bank bonafide by its letter dated 12.5.91 the outstanding dues of the petitioner as on 31.12.90 as it takes time to collect statements of outstanding dues till 31.12.90 of different loanees of different branc......ed outstanding dues till 30.6.91 as per agreement dated 21.7.91.
Let a copy of this judgment be sent to Respondent Nos. 1, 3, 5 and 6.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 8...
Category: Banking Law | Date: 27 Aug, 1991 | Hits: 180
Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)
....bmits that it is not consistent with the human conduct that the plaintiffs will remain content only withwords of mouth of the defendant without obtaining anything in writing from the defendant at the time of contract or even at the time of parting witha good portion of the consideration money partic......e trial Court dismissing the suit is hereby restored. The rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 291. ..Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958
Tapash Nandi Vs. State and others, 1991, 20 CLC (HCD)
....ng that the victim girl who is about 16 years of age and a first year student of the local College was called by the accused No.3 to his father’s house after dusk. The victim girl did not return in time, so informant’s son inquired about her sister at different houses but did not find the girl t......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. ..Category: Women and Children | Date: 28 Mar, 1991 | Hits: 86
....tion of Tk. 8,000.00 on receipt of Tk. 6,500.00 as earnest money and thereafter the petitioner paid further amount of Tk. 1000.00 later on and there was a balance of Tk. 500.00 only to be paid at the time of registration of the kabala as per terms of the contract. The said vendor having failed to ex......ttlement in case No.1043 of 1987 as evidenced by Annexure I to the petition is declared to have been made without any lawful authority.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 5.
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Category: Property Law | Date: 12 Mar, 1991 | Hits: 77
Dhanu Mia (Md) and another Vs. The State, 1991, 20 CLC (AD)
....cretion justly and properly in refusing bail in a case where the sentence is of a short duration. In the present case the sentence is of two years and the disposal of such appeal normally takes time. Refusal of bail will render the appeal infructuous in the event of success of the appeal and i......of the Deputy Commissioner, Comilla till disposal of the Criminal Appeal No.137 of 1988 now pending in the High Court Division. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121. ..Category: Criminal Law | Date: 25 Feb, 1991 | Hits: 45
Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
.... section 19(a) and 19(f) of the Arms Act 1878, read with section 26 of the Special Powers Act, 1974, now pending before the Senior Special Tribunal Judge, Dhaka, should not be quashed. 2. At the time of issuing Rule, on the prayer made on behalf of the petitioner, an order was passed for stayin......the rule and we must not be understood to have expressed any opinion about the merit of the Criminal Proceeding sought to be quashed. Ed. This Case is also Reported in: 43 DLR (1991) 150. ..Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92
Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)
....y No.1 (maternal grandfather of the victim girl) is contesting the Rule by filing a counter affidavit along with a certificate from the Head Master of the school where she was reading at the relevant time. School certificate shows that victim girl Sumati Begum was born on 5.6.75. So according to sch...... stayed for 15 days from today. The Rule is accordingly discharged. Communicate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ..Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
....ning the petitioner, namely the Coal Controller, from encashing the performance bond dated 16.5.89 when in fact no arbitration proceeding was pending any where under the said contract at the relevant time, The learned court issued notice upon the petitioner, namely the Coal Controller, and ordered t...... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)
....Court also committed an error of law in holding that the suit is barred by section 42 of the Specific Relief Act as it failed to come to the findings that the plaintiffs were out of possession at the time of institution of the suit and the suit for simple declaration was not maintainable without con......the reasons stated above, I set aside the judgment and decree of the lower appellate Court and restore those of the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 57. ..Category: Property Law | Date: 30 Jan, 1991 | Hits: 2
Baneazuddin Ahmed and others Vs. The State, 1991, 20 CLC (AD)
....in view of the ad interim bail granted by the lower Appellate Court to move the High Court Division in revision, the High Court Division acted properly in refusing the prayer for bail and at the same time directing the appellants to surrender after 29.1.89 and file a separate application for bail be...... on bail already granted, till disposal of the Criminal Revision No. 21 of 1989 pending before the High Court Division, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 123. ..Category: Criminal Law | Date: 15 Jan, 1991 | Hits: 42
Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)
....g up of the company may be passed. 5. An affidavit‑in‑opposition was sworn on behalf of the respondent No. 1 on 18 .7.90 by Mr. Md. Hanif who was the Managing Director of the company at that time. In that affidavit‑in‑opposition the respondent No. 1 has denied the allegations made in th...... The application is thus allowed. Mr. Nayeem prays for stay of operation of this judgment for four weeks. The prayer is allowed. Ed. This Case is also Reported in: 43 DLR (1991) 99. ..Category: Company Law | Date: 19 Dec, 1990 | Hits: 195
State Vs. Md. Shafiqul Islam alias Rafique and another, 1990, 19 CLC (AD)
....when she was assaulted by the accused persons. 13. A person deposing before Court is termed as a chance witness when he is found to be at the place of occurrence by chance or coincidence at the time the offence was committed. The evidence of such a witness need not to be rejected outright, but......espondent No. 1 is directed to surrender to his hail bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ..Category: Criminal Law | Date: 12 Dec, 1990 | Hits: 104
Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)
....fices, Mymensingh. Mr. Fazlul will make over charge of his branch on the fore‑noon of 1-5-72. He is clearly given to understand that his appointment is purely temporary and may be terminated at any time without any previous notice and showing any reason". 3. By order dated 26th June, ......k is to avoid a clutter which cannot be used as a sorting device for ascertaining facts at the last court of the country. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 144. ..Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112
Tayeb Ali Vs. Abdul Khaleque and others, 1990, 19 CLC (AD)
....Section 42 The suit being one for declaration of title to an unspecified share of an undivided plot of land and there being no evidence that the donor thereof was in exclusive possession at any time, the present suit is not maintainable without a prayer for partition. Lawyers Involved: ......any time the present suit is not maintainable without a prayer for partition. Hence the appeal is dismissed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 87. ..Category: Property Law | Date: 27 Nov, 1990 | Hits: 47
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