Search Options
Judgment Advanced Search
Displaying 2421-2440 of 4129 results.
Durgarani Sarkar Vs. United Bank of India Ltd. and others, 1989, 18 CLC (HCD)
.... at the Bank's rate althrough till repayment of the same. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 121. ......lam, Subordinate Judge, 1st Court, Comilla dismissing the Title Appeal No. 175 of 1976, preferred by the petitioner and allowing the Title Appeal No. 20 of 1977, preferred by the defendant‑opposite party Bank and thereby reversing the judgment and decree dated 27.8.76 passed by Mr. MM Ruhul Amin, ..Category: Property Law | Date: | Hits: 70
Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)
....than the SCC Judge cannot be a case for want of jurisdiction in spite of the violation of the provision imposed by section 16 of the Small Cause Courts Act since the legislature intended to cure such defect by taking recourse to the provision of Order 46 rule 7(2) of the CP Code. So, unless it is fo...... Title Appeal No. 133 of 1993 affirming those of dated 29.9.83 passed by the Munsif, First Court, Kushtia in Title Suit No. 242 of 1977. The short facts of the case, in brief, are: 2. The opposite party No. 1 as plaintiff filed title suit No. 242 of 1977 in the First Court of Munsif, Kushfia with..Category: Property Law | Date: | Hits: 66
Sheikh Mohd. Salimullah Vs. Shafiqul Alam, 1990, 19 CLC (HCD)
....as such there is no question of granting stay pending disposal of the revisional application. The prayer for stay is therefore rejected. Ed. This Case is also Reported in: 43 DLR (1991) 113. ......CC Suit Nos. 56 and 57 of 1988 now pending in the 1st Court of Assistant Judge and SCC Judge, Dhaka. 3. The petitioner's case in short is that he is a monthly tenant under the landlord ‑opposite party in respect of the suit promises and the opposite party filed the aforesaid two suits for eject..Category: Property Law | Date: | Hits: 66
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
....to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ...... order dated 22-7-2008 passed by the High Court Division in Writ Petition No.5085 of 2008). Judgment Surendra Kumer Sinha J. - This appeal by leave at the instance of auction purchaser, a third party, in directÂed against the judgment and order dated 22nd July. 2008 of a Division Bench of the..Category: Civil Law | Date: | Hits: 113
Hasina Mawla Vs. Bangladesh Parjatan Corporation and another, 1992, 21 CLC (HCD)
.... The impugned order (Annexure‑A) is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 112.......ory provision may waive it, and allow the contract or transaction to proceed as though the stipulation or provision did not exist. Waiver of this kind depends upon consent and the fact that the other party has acted upon it is sufficient consideration. Where the waiver is not express it may be impli..Category: Employment/Service Law | Date: | Hits: 88
Shafiuddin Khan (Md) Vs. State and another, 1993, 22 CLC (HCD)
....against the accused petitioner under section 420 BPC after amending the charge in the light of the observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ......in Petition Case No.113a of 1984 pending in the Court of the Upazila Magistrate, Nawabgonj, Dhaka should not be quashed. 2. Facts leading to this Rule are as follows: The complainant‑opposite party No.2, Md. Tasar Ali Mia filed a petition of complaint before the Upazila Magistrate, Nowabgonj..Category: Criminal Law | Date: | Hits: 132
....ition, leaving nothing for us to interfere in mandamus.
We find no substances in this application which is thus summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 95.
......onÂ-submission of the full amount of the earnest money was not acceptable and he cannot make his tender acceptable in violation of the consideration No.7 of the tender, by putting the blame on a 3rd party namely, the Bank.
29. It, therefore, appears that the petitioner Sharif & Company's case ha..
Category: Others | Date: | Hits: 128
Nurul Absar Chowdhury and others Vs. Haji Abdul Hoque Sowdagar, 1990, 19 CLC (HCD)
....rned Advocate for the petitioners. Therefore, I do not find any substance in the Rule. The Rule is discharged. But no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 112. ......ion of the Supreme Court of India reported in the case of Messrs Importers and Manufacturers Ltd. Vs. Pheroze Fraturoze Taraporewala and others, 1953 (SC) 73 argues that a sub‑tenant is a necessary party in a suit for ejectment. There is no dispute about the proposition of the law but the question..Category: Property Law | Date: | Hits: 67
Hashem (Md.) Vs. Bangladesh and others, 1990, 19 CLC (HCD)
....s not an abandoned property. In the facts and circumstances of the case, we direct both parties to bear their respective costs although. Ed. This Case is also Reported in: 43 DLR (1991) 109. ......seruddin Ahmed, the learned Deputy Attorney‑General appearing for the Government, submitted that the learned Subordinate Judge rightly dismissed the suit as the property is in possession of a third party as a lessee under the Government. 10. The learned Subordinate Judge came to the finding tha..Category: Property Law | Date: | Hits: 73
Nazir Ahmed and others Vs. Md. Hazee Kalu, 1989, 18 CLC (HCD)
....tain a second appeal on the ground of erroneous finding of facts arrived at by the Court of appeal below unless it is found that in arriving at the finding lower Appellate Court committed an error or defect in procedure or error of law. The finding of fact of the first Appellate Court is final, if t...... other point in support of the appeal. There is no substance in this appeal. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 75. ..Category: Property Law | Date: | Hits: 66
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
....ged in the Arbitration Act. The Court is competent to set aside an award where there is error of law on the face of it or it is bad on mere perusal. On reference to the award I am unable to find such defects nor the learned Judge has found so. Nothing convincing also could be placed in this regard b......, 1952 Pat. 66. Mr. Rafiqul Huq, on the other hand, in repelling the contention of Mr. Ahmed refers us to the decision in the case of All India Groundnut Syndicate Ltd. 1945 Bom. 07 to contend that a party submitting to the Arbitration knowing that the Arbitrator is competent to arbitrate the disput..Category: Alternative Dispute Resolution | Date: | Hits: 174
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....s that there are 2 incised injuries and as such the allegation of causing 3 injuries is belied. 3. that the Investigation Officer having not been examined by the prosecution there has been serious defect in the trial and the defence has been seriously prejudiced, thereby. 4. that in the count......Khonta etc. attacked them with a view to dispossessing them from the said lands; that at the order of accused appellant Sarwar Kamal, the accused persons first gheraoed the members of the complainant party at the place of occurrence and then accused Mir Kashem, first gave a dao blow on the head of t..Category: Criminal Law | Date: | Hits: 86
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ill proceed in accordance with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.-I agree. This Case is also Reported in: ......s for recovery of loan amounting to Taka 1, 80, 92,680.24 (one crore eighty lac ninety two thousand six hundred eighty and paisa twenty four) only. In the said suit the petitioner-company, as a third party mortgager, was made defendant No.3. Ultimately the suit was decreed ex parte against the borro..Category: Procedural Law | Date: | Hits: 80
Ajiran Nessa Bewa and others Vs. Md. Abdul Mannan, 1992, 21 CLC (HCD)
....assed by the learned Munsif, Sreebordi, in OC Execution Case No.13 of 1984 is set aside and the execution case is dismissed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 66, 29 BLD 323.......t Division (Civil Revisional Jurisdiction) Present: Mohammad Gholam Rabbani J Ajiran Nessa Bewa and others ………………..Petitioners. Vs. Md. Abdul Mannan .......Opposite‑party Judgment April 30, 1992. Result: The rule is made absolute. Cases Referred to..Category: Procedural Law | Date: | Hits: 95
Bashir Ali and others Vs. State, 1992, 21 CLC (HCD)
....tions 302/34 of the Penal Code and they are acquitted thereof. They be set at liberty immediately, if not wanted in any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 63. ......rned Additional Sessions Judge convicted accused appellants on the finding, “the fact which now is found to be proved is that the accused Bashir Aftab, Moshai and Hashir, after their arrest, police party to the pond of Asadullah and pointed out and identified the place from where the dead of Amjad..Category: Criminal Law | Date: | Hits: 62
Gouri Rani Dutta Vs. Taib Ali & others, 1989, 18 CLC (HCD)
....he date fixed for hearing of injunction matter, plaintiff‑opposite party Nos. 1 and 2 filed an application under Order XXIII rule 1(2) CPC for permission to withdraw the suit because of formal defects with liberty to sue afresh on the same cause of action. Without waiting for the disposa......shy;nate Judge, 1st Court, Dhaka rejecting the defendant petitioner's application under Order VII rule 11(d) C.P.C. for rejection of plaint of Title Suit No.108 of 1986. 2. The opposite party Nos. 1 and 2 only instituted Title Suit No.138 of 1985 on 18.8.85 against the defendant â..Category: Procedural Law | Date: | Hits: 92
Commissioner of Taxes Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, Shampur, 1991, 20 CLC (HCD)
....n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ......on by the Deputy Commissioner of Taxes in the references quoted above. 8. Now the question is, whether the Income Tax Appellate Tribunal was justified in allowing the bonus claimed by the opposite party assessee for the Income Tax years in question. It is evident from the judgment of the Income T..Category: Fiscal/Taxation Law | Date: | Hits: 171
Majiruddin Ahmed, Advocate Vs. Chairman, Bangladesh Bar Council and others, 1991, 20 CLC (HCD)
....erably within three months from date and the petitioner Advocate is directed to duly appear before the Tribunal on the dates of hearing. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 35.......ned order dated 13.3.91 (Annexure 1‑3) reads as follows: “13.3.91: The complainant and her engaged Advocate are present by filing hazira. It appears from order dated 31.10.90 that the opposite party took an adjournment on that date. On 5.1.91 the opposite party was absent without taking any s..Category: Employment/Service Law | Date: | Hits: 94
Bangladesh Vs. Abdul Wahab & others, 1991, 20 CLC (HCD)
.... taken his Lordship Mr. Justice Bimalendu Bikash Roy Chowdhury. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 30. ......er for condonation should not be considered. 9. I have been taken through the judgment pronounced by their Lordships as well as other materials on record. It is settled law that burden rest on the party who seeks indulgence of the Court in his favour to adduce distinct proof of sufficient cause o..Category: Procedural Law | Date: | Hits: 87
Rashid Ahmed Vs. Abdul Nabi Sawdagar and others, 1990, 19 CLC (HCD)
....ate Court does not suffer from any error of law in dismissing the suit. In the result, I discharge this Rule. No order as to Costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 29. ......ate Court does not suffer from any error of law in dismissing the suit. In the result, I discharge this Rule. No order as to Costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 29. ..Category: Property Law | Date: | Hits: 75
50565055505450525051504850475045504450365025502250215013501250065002500150004999