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Keramat Ali Bhuiyan Vs. Ramizuddin Ahmed Bhuiyan, 1990, 19 CLC (AD)
....earned advocate of the parties about the receiving back of the record and the next date fixed. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 58. ......sed and entered may be amended by the Court to carry out the intention and express the meaning of the Court of the time when the order was made, provided the amendment be made without injustice or on terms which preclude injustice." 5. Therefore, it will be seen that the question of limit......n the present case inasmuch as the Court in restoring the suit merely corrected the mistake of its officers of not informing the learned advocate of the parties about the receiving back of the record and the next date fixed. Cases Referred to- Allahdino VS. Fakir Mohammad & another 2..Category: Procedural Law | Date: 8 Aug, 1990 | Hits: 108
Abul Kashem and others Vs. The State, 1990, 19 CLC (AD)
....lowed. The appellants shall appear before the Sessions Judge, Bhola and till then the bail granted by this Court will continue. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 77. ......namely, for hearing appeals, revisions, references and reviews if they are made over or transferred to him by the Sessions Judge." 5. The Full Bench answered the reference in the following terms: "An Assistant Sessions Judge under the proviso to sub‑section (3) of section 9 C......43 DLR (AD) (1991) 77. ..Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 51
....suit is dismissed on contest against the defendant No. 2 and 3 and ex parte against the rest. But there shall not be any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 558.
...... been made or a provisional liquidator has been appointed no suit or other legal proceedings shall be proceeded with or commenced against the company except by leave of the court, and subject to such terms as the court may impose."
21. Mr. Habibur Rahman further submits that although the proceedi......cial Bank Ltd. (in liquidation)" a banking company was incorporated in the year 1921 under the Indian Companies Act, 1913. The said Bank with all its branches suspended, its functions in August, 1948 and in 1949 the Government advised the District Magistrate, Mymensingh, to lock and seal the head of..
Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)
....ct and law, arrived at by the lower Appellate Court. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 55. ......ed and the papers were alleged to be forged. The appellants, further case is that the landlord granted one mokarrary patta of the suit land Ext. F on 13.6.39 in favour of one Shantikana Maitra who in terms of the authorization in the patta itself ejected all the tenants-at-will, constructed tin shed......bt indicative of a mere tenant‑at‑will without any transferable or heritable interest, but the word cannot be limited to a mere tenant‑at‑will under all circumstances - the subsequent history and attendant circumstances are relevant facts to be taken into consideration in determining the cha..Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115
Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)
.... this Court after adjudication by the Courts below. With these words I concur with the decision given by my learned brother. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 28. ......decisions were considered including the two cited by him. His main argument was that for section 29(2) to be attracted, a special law must provide for a period of limitation which is literally and in terms different from the period prescribed thereof by the first schedule. This argument was also not......R (AD) (1991) 28. ..Category: Limitation Law | Date: 25 Jun, 1990 | Hits: 176
....reby set aside and those of the learned Munsif are restored although not on the same grounds.
There will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 44.
...... 1984 which had been made applicable to the employees of the Bangladesh Agricultural Research Council by an order of the Government in the Ministry of Agriculture dated 11.1.84. By the same order the terms and conditions of service of the employees absorbed in the Bangladesh Agricultural Research Co......visional Jurisdiction)
Present:
Naimuddin Ahmed J
AKM Hedayetul Islam...................Petitioner
Vs.
Executive Vice Chairman, Bangladesh Agricultural Research Council and another..........Opposite Parties.
Judgment
June 20, 1990.
Result:
The Rule ..
Category: Employment/Service Law | Date: 20 Jun, 1990 | Hits: 74
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. ...... (Original Civil jurisdiction) Present: Md. Mozammel Hoque J Sher Ali Amir Ali Virjee.................................... Petitioner Vs. Eastern Industries (Bangladesh) Ltd. and others.......................Respondents Judgment June 17, 1990. Result: Th..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
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. ......imple one. The learned Judge in that connection had relied on a decision of the Dhaka High Court in Anath Bandhu Guha and Sons Ltd. 7 PLR (Dhaka series, 1959) in which it was held that "the wide terms of sub‑section (3) Of this section are not to be limited by the terms of' sub‑sections......e is also Reported in: 43 DLR (AD) (1991) 34. ..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
Siddik Ali Vs. Nurun Nessa Khatun and others, 1990, 19 CLC (AD)
....defendants. In the result, the appeal is allowed. Prayer for substitution is allowed after setting aside abatement. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 3. ......year to year, or from month to month, according to the purpose for which the property is leased, as specified in section 106." 13. In the lease Ext. 3 there was no agreement contrary to the terms of holding over. 14. From the express provision of the above section it is clear that aft......preme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ ME Rahman J Mustafa Kamal J Latifur Rahman J Siddik Ali being dead his heirs: Afia Rahman and others...................Appellants Vs. Nurun Nessa Khatun and others ..................Category: Property Law | Date: 28 May, 1990 | Hits: 57
....to decide certain matters but such enquiry will not come within the purview of judicial enquiry because the power to decide judicially is different from deciding administratively. By taking resort to extraordinary jurisdiction for writ the High Court Division will be asked to enter into a territory ......shy;dent No.11.
Writ Petition No.849 of 1990.
Judgment
Kazi Ebadul Hoque J. - In this case Rule Nisi was issued by a Division Bench (sitting during vacation) on 6.5.90 on the following terms:
"Let a Rule Nisi issue calling upon the respondents to show cause as to why the res......
Fazle Hussain Mohammad Habibur Rahman J
Kazi Ebadul Hoque J
Abdur Rouf Mia................................Petitioner
Vs.
The Ministry of Local Government, Rural Development and Co‑operatives and others .................Respondents
Judgment
May 24, 1990.
Up..
Category: Election Law | Date: 24 May, 1990 | Hits: 101
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. ......ng at a monthly rental of Tk.625/. A deed of monthly tenancy was executed between plaintiff and defendant for a period of 5 (five) years commencing from the 1st day of January, 1974 embodying certain terms and condition of tenancy. Defendant in violation of some terms of tenancy made some unauthoris......nsfer 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. ..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. ......d no cause of action for the suit and the suit was not maintainable. 4. The learned Subordinate Judge and Commercial Court decreed the suit on contest with cost on 24.12.86 on the following terms: "The defendants are directed to refund Tk. 9,85,485/39 paisas to the plaintiff bank......the date of the decree or from the date of the decree till realisation is purely a matter of discretion of the Court.....................(9) Cases Referred to- Dawoodbhai Kassemji Matiwalla and another Vs. Shaikhalibhoy, AIR 1953 (Born) 445; Kishenlal and others Vs. Radhalal and other..Category: Civil Law | Date: 1 Apr, 1990 | Hits: 79
Aftabuddin Fakir Vs. Sowdagar Rabi Das & others, 1990, 19 CLC (HCD)
....ion laid down in Order XLI rule 31 CPC. 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) 42. ......e evidence both oral and documentary though both parties adduced evidence in support of their respective contentions. The learned 1st Appellate Court disposed of the appeal observing in the following terms: "Having considered the facts and circumstances of the case I find nothing to interf................Opposite Parties Judgment March 29, 1990. Result: The Rule is made absolute It is incumbent on the part of the 1st Appellate court as final court of fact to discuss and assess evidence on merit and to give his own finding………............(10) ..Category: Civil Law | Date: 29 Mar, 1990 | Hits: 65
Bangladesh Leaf Tobacco Company Ltd. Vs. Md. Abdul Mannan and others, 1990, 19 CLC (HCD)
....e learned District Judge is directed to dispose of the appeal on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 7. ......if there is no express provision permitting the same. Section 96 of the Civil Procedure Code deals with appeals from decrees and section 104 deals with appeals from orders. These provisions do not in terms say who is entitled to prefer an appeal. The Code, however, lays down that it is the decr......vision (Civil Revisional Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Bangladesh Leaf Tobacco Company Ltd........................Petitioner Vs. Md. Abdul Mannan and others.....................................Opposite Parties Judgment March 27, 1990. ..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. ...... 3. The Trial Court decreed the suit on the finding that there was a relationship of landlord and tenant between the parties in respect of the demised premises. Although the tenancy was operating in terms of Bengali Calendar month the landlord issued a notice under section 106 of the Transfer of Pr......991) 98. ..Category: Tenancy Law | Date: 25 Mar, 1990 | Hits: 124
Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)
....e are set aside and the suit is accordingly dismissed. 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) 18. ......ut this factum of request for the execution of the deed could not be established by the plaintiff on evidence and naturally 7.12.72 would be taken as last date for executing the deed according to the terms of' the alleged contract and from that date if three years of limitation is counted, it wi......ivision (Appellate Jurisdiction) Present: Md. Ismailuddin Sarker J Muhammad Ansar Ali J Sheikh Salimuddin................................Appellant Vs. Ataur Rahman and others........................Respondents Judgment March 15, 1990. Result: T..Category: Property Law | Date: 15 Mar, 1990 | Hits: 66
Abdul Momen Bhuiyan Vs. Haji Payez Ali Mia and others, 1990, 19 CLC (HCD)
....us, for the reasons stated above, we do not find any substance in this petition. Accordingly, the petition is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 97. ....... Rabia Bhuiyan. So far the language used in the clause itself the word “allowed" has close relation with the term "default" and "loan" and, in our opinion, these three terms loan, "time allowed" "and "default" must be read together to get the ...... Islam Chowdhury J Abdul Momen Bhuiyan…………………………………….Petitioner Vs. Haji Payez Ali Mia and others.......................Opposite Parties Judgment March 5, 1990. Result: ..Category: Election Law | Date: 5 Mar, 1990 | Hits: 136
Momin Miah & another Vs. Moinuddin Hossain & another, 1989, 18 CLC (AD)
....ty in dispute, that is, item No.1 of Schedule 'B' of the Compromise petition (as in T.S. No.319 of 1986). No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 175 ......chedule ‘B’ and for realisation of this amount the bank-respondent filed T.S. No.42 of 1981 in the Court of Subordinate Judge, Dhaka; the suit ended in a compromise decree dated 30 March 1983. In terms of paragraph 5(e) of the compromise decree defendant No.1 was permitted by the Bank, to which ......ember 4, 1989. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908) Order XXXIX, rule I The judgement debtor entered into a contract to sell the mortgaged land for satisfaction of the decretal amount but full requirement has not been met. The bank was not ..Category: Contract Law | Date: 4 Dec, 1989 | Hits: 222
AK Banik & Khokan Kumar Saha Vs. M. Karim & another, 1989, 18 CLC (HCD)
....bsequently may be accepted. Let a copy of this judgment be forwarded to the Secretary, Ministry of Home Affairs forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 122. ......t the contemners were quite diligent in complying with the orders of the Court and the delay in doing so was unintentional. As subordinate employees of the Ministry of Home Affairs they had to act in terms of the Ministry's direction dated 7.2.87. 9. At the outset we must make it clear that......te—For the Contemner-Respondents (In both the petitions). Contempt Petition Nos. 9 & 10 of 1989. Judgment Mustafa Kamal J. - These two contempt Rules have been heard together and will be disposed of by the same judgment as they arise out of a same transaction. 2. In Con..Category: Contempt of Court Law, Criminal Law | Date: 11 Jun, 1989 | Hits: 102
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
.... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14. ......r the appellant that the Bank ought to have proceeded against the defendant's other securities has got no substance. Under the provisions of section 176 of the Contract Act, 1872 as well as under the terms of the transactions the defendants entered into with the Bank, the latter is free to follow an......ult: The appeal is dismissed. The Contract Act, 1872 (IX of 1872), section 170 The Code of Civil Procedure, 1908 (V of 1908), Order 38, rule 5 From the facts and circumstances of the case I have got no hesitation to hold that the plaintiff knew about the def..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
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