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Sonwar (Md.) Vs. Kamal Kha, 1992, 21 CLC (HCD)
....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 ......llowable by this Ordinance and perform the conditions of the tenancy." Sub‑section (5) of that section provides that the rent is to be paid within the time fixed in the contract or in the absence of such contract by the fifteenth day of the month next following that for which the rent is...... 5. The learned SCC Judge, on consideration of the evidence, dismissed the suit. Being aggrieved by the judgment and decree passed by the learned SSC Judge, the petitioner invoked the revisional jurisdiction of this court and obtained the present Rule. 6. It is admitted that the petitioner..Category: Property Law, Tenancy Law | Date: 6 Jan, 1992 | Hits: 3
....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.......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.......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
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. ......aggrieved person" The emergence in Indian of pro bono publico litigation 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 wer......stitutional since such right of freedom of the press has wider import and universal application assuming the proportion of a public interest litigation. He cites a number of decisions from the Indian jurisdiction, namely, Bar Council of Maharashtra Vs. MV Dabholkar, AIR 1975 (SC) 2092; The Bar Counc..Category: Constitutional Law | Date: 15 Jul, 1991 | Hits: 251
Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)
....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. ......t since the contract relates to an agreement for sale of immovable property it was most likely to be reduced into writing to avoid false and vexatious claims. The learned Advocate submits that in the absence of anything in writing the story of oral contract is to be viewed with suspicion, unless its...... not place before us any authority toshow in support of his contention that oral contract for sale of immovable property is ex‑facie invalid and not enforceable in law and for that matter court’s jurisdiction is barred to the notice of and making enquiry into the genuineness or otherwise of the ..Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958
....nt No.4) shall put the fishery in question in public auction on 1st or 2nd Baisakh, 1399 BS or within a week from 1st Baisakh, 1399 BS.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 1.
......nt No.4) shall put the fishery in question in public auction on 1st or 2nd Baisakh, 1399 BS or within a week from 1st Baisakh, 1399 BS.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 1.
......nt No.4) shall put the fishery in question in public auction on 1st or 2nd Baisakh, 1399 BS or within a week from 1st Baisakh, 1399 BS.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 1.
..
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. ......nsidered the submissions of the learned Advocate and the impugned order and judgment we do not find any illegality with the order of the learned Court below to interfere in exercise of our revisional jurisdiction. 12. In the result this rule is discharged. Let the trial continue and come to an ..Category: Women and Children | Date: 28 Mar, 1991 | Hits: 86
....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.
......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.
......rned Court of Settlement acted without lawful authority in discarding the decree of the competent Court followed by execution and registration of the sale deed and that the Court of Settlement has no jurisdiction to do so. He further submits that the Government is estopped from questioning the propr..
Category: Property Law | Date: 12 Mar, 1991 | Hits: 77
Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....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. ......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. ......ng justice that is, to prevent abuse of the process of any Court or otherwise secure the ends of justice." Further it is held: "Section 561A emphasises that the High Court has the jurisdiction to pass orders to secure the ends of justice and for that purpose the High Court is com..Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92
Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)
.... 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. ......child so taken to a place of safety and also any child who seeks refuge in a place of safety may be detained until it can be brought before court: Provided that such detention shall not, in the absence of a special order of the court, exceed a period of a twenty‑four hours exclusive of the t...... girl Sumati Begum should not be allowed to go with her alleged husband Manik. 7. The proceeding under section 491 CrPC in this Court is an original proceeding. Therefore this Court has got the jurisdiction to decide whether the victim girl Sumati Begum be set at her liberty or restored to her..Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
....pugned order in the absence of any arbitration proceeding and in fact had no jurisdiction even to entertain the petition under section 41(b) of the Arbitration Act. The order impugned therefore being totally without jurisdiction is liable to be set aside in limine. The application under section 41(b......tituted on 15.5.90 when no arbitration proceeding in fact was pending and no arbitrator was in fact appointed. That being the position, the court had no jurisdiction to pass the impugned order in the absence of any arbitration proceeding and in fact had no jurisdiction even to entertain the petition......d, he learned Advocate appearing for the appellant, submitted that the impugned order of temporary injunction as passed by the court below appealed against, is bad in law because the court would have jurisdiction to pass an order under section 41 (b) read with item 4 of the Second Schedule of the Ar..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)
....evelopment Bank of Pakistan by letter dated 5.7.67 on certain terms and conditions. Subsequently an additional loan of Taka 3,00,000.00 was also sanctioned. The petitioner company provided 50% of the total investments as equity as per terms of the sanction letters and the Mill was put to partial ope......tension by Annexure 'C' dated 24.2.97 and 23.5.97 respectively to the petition are declared to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ......plication the petitioner has prayed for a declaration under Article 102(2) (a) (ii) of the Constitution and the Court mentioned in section 34 of the said Act does not include Supreme Court exercising jurisdiction under Article 102. Moreover, the protection given in that section is only for anything ..Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184
Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)
....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. ...... decision. Mr. Rashid, placing reliance upon Order 8 rule 5 CPC further submits that the defendant No.4 does not suffer from any disability. Therefore, the legal consequences of Order 8 rule 5 CPC in absence of any denial of the allegation made in the plaint so far it relates to possession must foll......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
Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)
....tion of winding up of the company in question as he sold his shares long before he filed the application for winding up………….......... (34) Liquidation, consequence of total mismanagement It has been proved that the shares of 3 promoter directors (1000 shares eac...... 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. ...... 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
Tayeb Ali Vs. Abdul Khaleque and others, 1990, 19 CLC (AD)
....d the suit, except the prayer for confirmation of possession and permanent injunction. 7. The High Court Division reversed the concurrent judgments on the finding that the first appellate Court totally misconceived the pleadings and misread the evidence on record. In view of the admitted facts......and, whether before or after the decree passed in TS No.1 of 1962. The plaintiff obtained an unspecified share of 6 pie said to be that of defendant No.10 in the property left by Abdul Hashim. In the absence of a suit for partition, the alleged share of defendant No.10 or the plaintiff cannot be det......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
Shambhu Nath Poddar Vs. Bangladesh Railway and others, 1990, 19 CLC (AD)
....tly, the judgment of the High Court Division is set aside and the suit is decreed. The appeal is allowed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 82. ......tly, the judgment of the High Court Division is set aside and the suit is decreed. The appeal is allowed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 82. ......ent Judgment November 19, 1990. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Section 115 The revisional court acted beyond it's jurisdiction in setting aside the concurrent finding of fact, when there is no misreading and misapp..Category: Civil Law | Date: 19 Nov, 1990 | Hits: 107
The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)
....r life. They are directed to surrender to their bail bonds at once failing which the Deputy Commissioner will get them arrested. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 83. ......hey all jumped into the water. He further stated that save and except Mafizuddin Chairman they all rushed to the house of the Chairman on the very night of the occurrence and there was uproar for the absence of the Chairman. He has admitted in his cross‑examination that he could not recognise anyb......r life. They are directed to surrender to their bail bonds at once failing which the Deputy Commissioner will get them arrested. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 83. ..Category: Criminal Law | Date: 14 Nov, 1990 | Hits: 88
Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....ment have been made and/or passed without any lawful authority and are of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 12.......nt documents produced before it to prove that the property does not satisfy the description of abandoned property within the meaning of PO 16 of 1972. He further urges that the Court of Settlement in absence of any material to show that the Government formed its opinion that building is an abandoned......f the said Ordinance. Both the cases were heard analogously and by one impugned Judgment the cases were dismissed. 6. Mr. TH Khan first, submits that the Court of Settlement acted in excess of its jurisdiction in holding that as Nasiruddin and Mr. KA Dewan were served with notices to produce the ..Category: Property Law | Date: 5 Nov, 1990 | Hits: 95
Karimunnessa Begum Chowdhurani and others Vs. Niranjan Chowdhury and another, 1990, 19 CLC (AD)
....n, as allowed by the High Court Division, is found to have been rightly allowed. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ......ll of them are to be pre-empted. The expression 'holding' in singular according to the General Clauses Act need not include its plural 'holdings' for the purpose of pre-emption in the absence of any specific provision to that effect. This view as to holding wise pre-emption was follo......n, as allowed by the High Court Division, is found to have been rightly allowed. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ..Category: Property Law | Date: 1 Nov, 1990 | Hits: 40
Kazi Mobarak Ali Vs. Mohammad Yeasin Mazumder and others, 1990, 19 CLC (AD)
.... on a different ground, as stated above. In the result, the appeal is dismissed without, however, any cost. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 60. ...... on a different ground, as stated above. In the result, the appeal is dismissed without, however, any cost. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 60. ......Judgment August 29, 1990. Result: The appeal is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order VII Rule 11 Whether plaint can be rejected when question of jurisdiction of the Village Court was raised in the plaint without determining the truths of allegat..Category: Others | Date: 29 Aug, 1990 | Hits: 115
Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)
....vi), 163 read with section 166 Whether the Appellate Court was wrong in setting aside the order of winding up- The learned Judges in considering the appeal against a winding up order totally failed to keep in view the central question as to whether the Company was, commercially inso......learned Company Judge. In the result, therefore, the appeal is allowed without any order as to cost. The impugned judgment is set aside and the order of the learned Company Judge restored. Ed. ......im of the appellant bank came to Tk. 21 lacs and odd approximately. 16. It has been argued by Mr. Nurullah that the learned Judges of the Division Bench travelled beyond their jurisdiction in holding that the appellant bank was not entitled to the interest during the period o..Category: Business or Commercial Law | Date: 29 Aug, 1990 | Hits: 122
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