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Sher Ali Amir Ali Virjee Vs. Eastern Industries (Bangladesh) Ltd. and others, 1990, 19 CLC (HCD)
....o order as to costs. Mr. Tofailur Rahman has prayed for stay of the operation of the judgment for 6 weeks. The prayer is refused. Ed. This Case is also Reported in: 43 DLR (1991) 54. ......o order as to costs. Mr. Tofailur Rahman has prayed for stay of the operation of the judgment for 6 weeks. The prayer is refused. Ed. This Case is also Reported in: 43 DLR (1991) 54. ......rayed for stay of the operation of the judgment for 6 weeks. The prayer is refused. Ed. This Case is also Reported in: 43 DLR (1991) 54. ......n the register is clear. If a dispute can not be resolved without resorting to any other means excepting the papers and documents filed before the court, in that case the question may arise whether such an application will be maintainable or not. In the present case the ..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
Abdul Mannan and others Vs. Akram Ali and others, 1990, 19 CLC (AD)
....8 (V of 1908), Order XLI Rule 23 Whether there was any necessity for remanding the case to the Trial Court for re‑trial when there was concurrent finding of the two courts below in respect of possession and the entire evidence, both oral and documentary, having been available on record. ......in Revision remanding the case to the Trial Court for re-trial. 2. Appellants filed Title Suit No.27 of 1981 in the Court of Subordinate Judge, Sylhet for declaration of their title to the suit land on the basis of settlement from the landlords, by continuous possession and payment of rent. De...... necessary order as to transfer of the case. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 129. ......ed by the High Court Division, Sylhet Bench, in Civil Revision No.226(C) of 1982.) Judgment Shahabuddin Ahmed CJ.- This appeal by special leave, at the instance of the plaintiffs, calls in question the judgment and order of the High Court Division in Revision remanding the case to the Tri..Category: Procedural Law | Date: 6 Jun, 1990 | Hits: 107
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....ion'. Finding to this effect of the courts below is perfectly correct. All these appeals are therefore dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 34. ...... Limitation Act guillotines cases which seek reliefs at a point of time which is beyond the period specified thereunder. This is what has been exactly propounded in Para 309, Halsbury's Law of England (4) as to an application to rectify a share register which must be made promptly. In this conne...... appeals are therefore dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 34. ......anies are Appellants in Civil Appeal Nos.42, 43 and 44. Respondent No.1 in all these six appeals is a Director of the Companies who brought these Matters before Court by three applications. As common question of law and fact are involved in these appeals, they have been heard together and are going ..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
Siddik Ali Vs. Nurun Nessa Khatun and others, 1990, 19 CLC (AD)
....................................Respondents Judgment May 28, 1990. Result: The appeal is allowed. The Transfer Property Act, 1882 (IV of 1882), Section 116 Whether long possession of the tenant alone after expiry of the period of lease will constitute holding over ......of 1882), Section 116 Whether long possession of the tenant alone after expiry of the period of lease will constitute holding over Continuous possession by a tenant with the assent of the landlord creates an implied contract, and a tenancy by holding over is constituted. Such a tenancy c......s allowed after setting aside abatement. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 3. ...... from the tenant’s continuous possession for a long period, without any contrary indication from the landlord, may in certain circumstances constitute an implied assent. The implied assent is a question of fact. It may be inferred from the length of period of possession and other circumstances..Category: Property Law | Date: 28 May, 1990 | Hits: 57
....poll.
In the result, the Rule is discharged and the order of stay granted on 6.5.90 is vacated. There will be no order for costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 29.
......poll.
In the result, the Rule is discharged and the order of stay granted on 6.5.90 is vacated. There will be no order for costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 29.
......der of stay granted on 6.5.90 is vacated. There will be no order for costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 29.
......out any enquiry without giving Respondent No.10 an opportunity to be heard violating the principles of natural justice.
Neither the Election Commission nor the High Court can decide the disputed question of fact and election Tribunal is the only forum to ventilate any such grievance. ............
Category: Election Law | Date: 24 May, 1990 | Hits: 101
AH Shamsuddin Ahmed Vs. Begum Arafat & others, 1990, 19 CLC (HCD)
....ted in the case of Pethen Permal Chetty Vs Muniandy Servai 35 (Cal) 551. In this case both the courts found that the deed of gift executed in favour of the defendant was void for want of deliverly of possession to the defendant. The taking of possession of the subject matter of the gift of done......ble such possession as the property admits may be delivered. The donor must of course divest himself of his possession to complete the gift. Where a plaintiff is in possession of the suit land he is not required to ask for consequential relief which has been supported and reported in 42 ....... Ed. This Case is also Reported in: 43 DLR (1991) 52. ......e a plaintiff is in possession of the suit land he is not required to ask for consequential relief which has been supported and reported in 42 CWN (730) PC. If the deed of gift is void transaction no question of cancelling or setting aside the same does arise. When in a suit for declarati..Category: Property Law | Date: 22 May, 1990 | Hits: 111
Fazal & others Vs. State, 1990, 19 CLC (HCD)
....he accused petitioners be acquitted of the charge levelled against them. The accused petitioners be discharged from their bail bonds. Ed. This Case is also Reported in: 43 DLR (1991) 40. ......he accused petitioners be acquitted of the charge levelled against them. The accused petitioners be discharged from their bail bonds. Ed. This Case is also Reported in: 43 DLR (1991) 40. ......levelled against them. The accused petitioners be discharged from their bail bonds. Ed. This Case is also Reported in: 43 DLR (1991) 40. ......Vs. Kashem Ali 15 DLR 30 cited....................... (4) It is a mandate of the Code to take statement of the accused in accordance with the provisions of law. It imposes a duty on the court to question the accused properly and fairly so as to bring home to him the exact case. It is intended f..Category: Criminal Law | Date: 14 May, 1990 | Hits: 66
Aga Kohinoor Alam Vs. State and another, 1990, 19 CLC (HCD)
.... Janata Bank he constructed a two‑storied house and then contracted to sell the said house to Mustaque Hossain Mahmud for an amount of Taka 12 lakhs and after receiving the amount he delivered full possession of the said land to the said Mustaque Hossain Mahmud. As the kabala could not be executed...... 60 of 1987 arising out of Mohammadpur PS Case No. 10(5)87 under sections 419/467/471/409 of the Penal Code read with section 5(2) of Act II of 1947. 2. The petitioner represented that a plot of land was held by one Mr. SM Ahsan, a permanent lessee of the Government and from him the petitioner ......ing can be held to be liable to be quashed. The Rule is accordingly discharged. Ed. This Case is also Reported in: 43 DLR (1991) 95. ...... for sale in favour of the petitioner was available which confirmed the fact of forgery. The learned Advocate for the State next submitted that the Court of Settlement did not at all go into the question or as to the facts relating to the criminal offence of forgery and cheating and, therefore,..Category: Criminal Law | Date: 13 May, 1990 | Hits: 73
Ayesha Khatun (Musammat) Vs. Musammat Jahanara Begum & others, 1990, 19 CLC (AD)
.... per provision of section 96 of the State Acquisition and Tenancy Act. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 9. ......erate from earlier date of execution............(6) The appellant's application for pre‑emption though maintainable, she is not entitled to pre‑emption because her right as a contiguous landholder to sue for pre-emption that accrued on 21st July, 1980 had been undermined by respondent&......he result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 9. ...... per provision of section 96 of the State Acquisition and Tenancy Act. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 9. ..Category: Property Law | Date: 11 Apr, 1990 | Hits: 47
Sonali Bank Vs. Nurul Kader and another, 1990, 19 CLC (HCD)
....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. ......haran Das Chowdhury and o1hers, 11 DLR 180. In that case the defendant was a tenant under the plaintiff and there was an arrangement between them that the tenant was to pay the revenue payable by the landlord which would be adjusted against the rent payable to the landlord. The landlord filed the su......llip;………………………….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 date not fixed for hearing....... Roy I am of the opinion that the learned Munsif ought to have treated the application as being one made under section 151 CPC to which no period of limitation applies. This is certainly an important question of law. In that view of the matter, the contention of the learned Advocate that the suit sh..Category: Civil Law | Date: 5 Apr, 1990 | Hits: 1
Kanak Mala Vs. Md. Safiuddin & others, 1990, 19 CLC (HCD)
....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. ......ansfer 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. ...... High Court Division (Civil Revisional Jurisdiction) Present: Syed Fazle Ahmed J Kanak Mala ................................................Petitioner Vs. Md. Safiuddin & others.................................Opposite Parties Judgment April 5, 1990. ......82, 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)
.... 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. ......to costs. Ed. This Case is also Reported in: 43 DLR (1991) 27. ......that the Court should award at the time of passing the preliminary decree. Order 34, rule (2)(1) (a) (i) merely indicates the heads in respect of which account has to be taken, but with regard to the question of rate of interest Order 34,rule 11 is a self contained rule which deals with payment of i..Category: Civil Law | Date: 1 Apr, 1990 | Hits: 79
Aftabuddin Fakir Vs. Sowdagar Rabi Das & others, 1990, 19 CLC (HCD)
....giving rise to this Rule may briefly be Opposite party Nos.1 and 2 as plaintiffs filed OC Suit No. 32 of 1986 in the 1st Court of Munsif, Prbadhala, Netrokona for declaration of title and recovery of possession of the land described in the schedule of the plaint contending, inter alia, that they had......s Rule may briefly be Opposite party Nos.1 and 2 as plaintiffs filed OC Suit No. 32 of 1986 in the 1st Court of Munsif, Prbadhala, Netrokona for declaration of title and recovery of possession of the land described in the schedule of the plaint contending, inter alia, that they had been in possessio...... cost. Ed. This Case is also Reported in: 43 DLR (1991) 42. ......: Miah Abdul Gafur, Advocate ‑For the Petitioner. Not represented‑ the Opposite Parties. Civil Revision No.483 of 1988. Judgment Syed Fazle Ahmed J. - This Rule calls in question the legality and propriety of the judgment and decree dated 2nd May, 1988 passed by Subordi..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)
.... 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. ...... 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. ......s Case is also Reported in: 43 DLR (1991) 1. ......g or decision and as such the finding of the learned Subordinate Judge on this point cannot be sustained in law. 26. As to the finding of the Court below on the point of limitation the pertinent question is; what is the point of time when the period of limitation of 28 days agreed upon by ..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)
....ot 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 defendants therefrom on the allegations, inter alia, that the suit p......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 defendants therefrom on the allegation......o order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 7. ......ner purchased the suit land during the pendency of the suit without the permission of the Court the transaction is hit by the provision of section 52 of the Transfer of Property Act. 5. The moot question in this rule is whether a stranger to the suit is prohibited by the Code of Civil Proc..Category: Property Law | Date: 27 Mar, 1990 | Hits: 75
Zahura Khatun and others Vs. Rokeya Khatun and others, 1991, 20 CLC (AD)
....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. ......ngali 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 leave wa......ore, dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 98. ......e Court below has committed error of law in the judgment in many respects the ultimate order of dismissal of the suit was upheld by the High Court Division. 5. Leave was g ranted to consider the question whether the present defendant-respondents who were substituted during the pendency of the s..Category: Tenancy Law | Date: 25 Mar, 1990 | Hits: 124
Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)
....written statement. Thereafter there was talk for compromise and in that suit defendant No.1 admitted to have agreed to sell the suit property to the present plaintiff and he also admitted delivery of possession of the suit property in favour of the present plaintiff as part performance of the contra......Daud, Subordinate Judge, 1st Court, Dhaka in Title Suit No.502 of 1974 for Specific Performance of Contract. 2. The plaintiff's case, in brief, is that defendant No.1 being owner of the suit lands proposed through defendant No.2 to sell out the suit‑lands to the plaintiff and the price wa......re will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 18. ......an expert’s opinion particulary of a hand writing expert is always received with great caution. So in assessing or evaluating the evidence particulary the evidence of handwriting experts on the question of genuineness of a signature, the following facts must be kept in view: (1) very few..Category: Property Law | Date: 15 Mar, 1990 | Hits: 66
Abdur Rabban (Md) Vs. Aminul Hoque Sowdagar and another, 1990, 19 CLC (AD)
.... 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 tenant under a real owner cannot switch his loyalty so often. Since plaintiff h......dant 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 land Since the relationship of landlord and tenant between the parties was never a fact in iss......l is dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 19. ......on was filed 20 years after the date of filing of the suit and about 27 years from the date of the alleged entry, it was rejected by the High Court Division. 7. Leave was granted to consider the question whether the High Court Division acted in accordance with law in allowing defendant No. 1 to..Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123
Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....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. ......im the delay occurred in lodging the First Information Report. It is further stated that much bad blood was created between the informant party and the accused parties because of taking lease of Char land and both parties were involved in civil and criminal litigation. 4. The police took up the......ut 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. ...... wrongly acquitted on the plea of enmity nor innocent person wrongly convicted on that basis. In the instant case the witnesses' deposition does not bear any grudge against the appellants. So the question of getting appellants implicated falsely does not arise. In fact veracity of eye‑witnesse..Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65
Zakir Hossain and others Vs. The State and other, 1990, 19 CLC (AD)
....tan Magistrate, Dhaka is stayed till the disposal of Title Suit No.159 of 1987 of the First Court of Subordinate Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ......rocedure for quashing that proceeding. 2. On 26-4-87 respondent No. 2 along with six others lodged an FIR before the Demra Police Station alleging, inter alia, that they purchased 1.07 acres of land by 7 registered deeds from appellant Nos. 8-11 between 14th February, 1983 and 24th June, 1984.......f Title Suit No.159 of 1987 of the First Court of Subordinate Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ......f the Code of Criminal Procedure to take cognizance of alleged offences except on the complaint in writing of that Civil Court. The civil suit was instituted before the filing of the FIR and the questioned documents in their originals are yet to be produced and examined by the Civil Court the c..Category: Anti-Corruption Laws | Date: 12 Mar, 1990 | Hits: 114
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