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Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
.... and another..............................Respondents Judgment. June 5, 1989. Result: The appeal is dismissed. The Limitation Act, 1908 (IX of 1908), section 13 and Article 113 No date having been fixed for performance of the contract, the second part of column 3 of Article 113 w......e plaintiff can wait indefinitely and in that case the law of limitation will be frustrated. This could not have been the intention of the legislature. In this connection, Mr. Pal has referred to the decision in the case of Khan Sher Dil Khan Vs. Sir Abdul Wadud 7 DLR (FC) 170. 13. Mr. Islam has ..Category: Procedural Law | Date: | Hits: 132
The Dhaka Dyeing and Manufacturing Co. Ltd. Vs. Agrani Bank, 1990, 19 CLC (AD)
....Senior Advocate (Mozammal Hoq Bhuiyan, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record.—For the Respondent. Civil Appeal No. 60 of 1986. (From the judgment and order dated 8th May, 1986 passed by the High Court Division, Dhaka in Appeal from Original Order No. 18 of......d and disposed of by 30th November, 1989. 8. With the above observations, this appeal is disposed of without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 60 ..Category: Banking Law | Date: | Hits: 99
Hafizuddin Sarker and Lakjan Bewa Vs. Bangladesh and others, 1989, 18 CLC (AD)
.... M. Nawab Ali, Advocate-on-Record—For Respondent Nos. 3-6 and 10 Ex parte—Respondent Nos. 7, 8, 11-15, 18, 20-23, 23A and 25. Civil Appeal No. 46 of 1984. (From the judgment and order dated 30.10.1983 passed by the High Court Division, Dhaka in Civil Revision No. 1067 of 1981.) Ju......bit 2. In this view of the matter the suit was dismissed. 4. The plaintiffs then filed appeal being O.C. Appeal No.28 of 1969. The learned Additional District Judge, Mymensingh concurred the decision of the trial court and accordingly dismissed the appeal. 5. Now the second round. The pl..Category: Property Law | Date: | Hits: 35
Sayesta Bibi and others Vs. Juma Sha and others, 1989, 18 CLC (AD)
.... allowed under section 4 of the Partition Act it involves a kind of forced sale for the stranger-purchaser. And hence the Court would in equity determine the valuation of the transferred share on the date of the filing of the application for permission to purchase the share of the stranger-purchaser......nd Md. Magdu Bhuiya Vs. Jabban Huq 11 DLR 355 and Md. Habibullah Patwari Vs. Pran Ballav Bhakta & others 9 DLR 119 and some cases of Indian jurisdiction. In this case we need not reconsider those decisions. 10. After considering the mores of our people, the co-sharers' attachment to their anc..Category: Property Law | Date: | Hits: 45
State Vs. Arman Ali and Others, 1987, 16 CLC (AD)
....ructed by M. Nowab Ali, Advocate-on-Record—For the Petitioner. Not represented.—Respondents. Criminal Petition for Special Leave to Appeal No. 130 of 1985. (From the judgment and order dated 7.8.85 passed by the High Court Division, Sylhet Bench in Criminal Appeal No. 7(c) of 1982.) ......ner perverse or totally unsustainable. The impugned order does not, therefore, call for any inference. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ..Category: Criminal Law | Date: | Hits: 43
Abdul Hamid Khan Vs. Miah Nurul Islam and others, 1989, 18 CLC (AD)
....huiyan, Advocate with him), instructed by M. Nowab Ali, Advocate-on-Record.—For Respondent No. 1. Ex-parte—Respondent Nos. 2-10. Civil Appeal No. 27 of 1988. (From the judgment and order dated 29.8.88 passed by the High Court Division, Dhaka in Writ Petition No. 376 of 1988.) Judgeme...... Division after hearing the parties made the Rule absolute and set aside the Election Commission's order with significant observation "that the rights of the parties would not be prejudiced by this decision". 3. Dr. Kamal Hossain, the learned counsel appearing for the appellant, contended tha..Category: Election Law | Date: | Hits: 115
Khaleda Roushan Ara Vs. Nurul Huq (Md.), 1990, 19 CLC (AD)
....im, instructed by Md. Aftab Hossain, Advocate-on-Record.—For the Appellant. Abu Backkar, Advocate-on-Record.—For the Respondent. Civil Appeal No. 13 of 1986. (From the judgment and order dated 3rd April, 1985 passed by the High Court Division, Dhaka, in Civil Miscellaneous Appeal No. 19......dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ..Category: Property Law | Date: | Hits: 38
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
....khrul Islam, Assistant Attorney General with him), instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Respondent (State). Criminal Appeal No. 5 of 1988. (From the judgment and order dated 20 July 1987 passed by the High Court Division, Sessions at Chittagong, in Govt. (Criminal) Ap......t the prosecution case and lend support to the defence case so as to render the defence version a possible one", a demand for reopening the whole matter is unjustified. 27. In the light of these decisions I have examined the prosecution case vis-a-vis the defence version of the case and I f..Category: Criminal Law | Date: | Hits: 52
Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)
....ed, Senior Advocate, instructed by Shamsul Huq Siddique, Advocate-on-Record- For the Respondent No. 1. Ex-parte-Respondent Nos. 2-4. Civil Appeal No. 32 of 1987. (From the Judgment and order dated 10th February, 1986 passed by the High Court Division, Dhaka in Civil Revision No. 336 of ......d." 5. In this view of the matter, the Rule was made absolute and the judgment and orders of the courts below were set aside. 6. Leave was granted to consider the question of correctness of the decision of the High Court Division. 7. It is not necessary to go into the facts again. In the ..Category: Criminal Law | Date: | Hits: 47
Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)
....-For the Appellant. B. Hossain, Deputy Attorney-General, instructed by M. Nowab Ali, Advocate-on-Record- For the Respondent (State). Criminal Appeal No. 16 f 1988. (From Judgment and order dated 14th March, 1988 passed by the High Court Division, Rangpur Bench, in Criminal Revision No. 24......sty but the moment he saw the excess money and even then decided to walk out with the same the mens rea must be attributed to him from then on. He came by the money in good faith but subsequently the decision to appropriate the excess money to his own use makes it culpable, that is to say, he dishon..Category: Criminal Law | Date: | Hits: 44
Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)
....ate-on-Record-For the Appellant. Kazi Ebadul Hoque, Advocate-on-Record-For Respondent No. 1. Ex-parte.-Respondent Nos. 2 & 3. Civil Appeal No. 62 of 1986. (From the Judgment and Order dated 19 August 1985 passed by the High Court Division, Rangpur Bench in Civil Revision Case No. 325......intiff having already transferred the land in favour of his brothers even before execution of kabuliyat he was not entitled to an order of injunction. 7. The High Court Division relied upon some decisions in which it has been said that a person in wrongful possession of property is not entitled..Category: Property Law | Date: | Hits: 29
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
.... Others...............................Respondents Judgment April 2, 1989. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Article 102 The election of a candidate could not be challenged under Article 102 of the Constitution but when the candidate after bein...... have statutory provisions dealing with the conduct of an election, the writ of quo warranto is displaced. An election then can only be challenged in the manner laid down by the Statute. The Bombay decision was followed by Patna High Court in AIR 1961 Patna 475 (Sukedeo Narayan V. Mahadevananda). ..Category: Election Law | Date: | Hits: 130
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....ppellants. B. Hossain, Advocate-on-Record. —For the Respondent. Criminal Appeal No. 23 of 1986. Judgment MH Rahman J.-This is an appeal by special leave against the judgment and order dated 9th January, 1985 of the High Court Division, Rangpur Bench confirming the conviction of the a......f occurrence". 7. It is vehemently urged that the High Court division committed an error of law in asking the defence to lead oral evidence to prove its plea of innocence and that the impugned decision was contrary to the principle laid down in Safdar Ali Vs. The Crown, 5 DLR (FC) 107 page 10..Category: Criminal Law | Date: | Hits: 105
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
...., instructed by B.C. Panday, Advocate-on-Record - For the Respondents Nos. 2 & 3. Not represented - Respondent Nos. 4 and 5. Criminal Appeal No. 20 of 1977 (From the Judgment and Order dated 2.9.1975 passed by the High Court Division in Criminal Revision No. 787 of 1974) Judgment ...... Revision No. 787 of 1974) Judgment Kemaluddin Hussain CJ.- Leave was granted to consider the question of interpretation of section 494 of the Code of Criminal Procedure. In view of two decisions by this Division, one in the case of reported in (1978) 30 DLR (SC) 228, Bakshu Mian Vs. G..Category: Criminal Law | Date: | Hits: 43
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....ast Pakistan Civil Service (Executive Class II) for manning the posts of Circle Officers (Development) and Circle Officer (Revenue) at the Thana level vide Annexure ‘Y’, (Memo No.GA-VIII 206/1235 dated Dacca, the 23rd December, 1961.) It was also stated therein that the strength of the cadre was...... act ‘until further orders’ in a temporary cadre as Circle Officer (Revenue) and as such he is entitled to continue so long the cadre remains intact subject to the observation aforesaid. So, this decision goes in favour of the respondent and not in aid of the appellant. 10. The learned Deput..Category: Employment/Service Law | Date: | Hits: 66
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
....n a miscellaneous case arising out of an application under section 96 of the State Acquisition and Tenancy Act, 1951, seeking pre-emption of certain land sold by Khan Brothers, by a registered kabala dated 3rd December, 1966 to Muhammad Khalilur Rahman, respondent No.4 for a consideration of Taka 6,......iction under section 115 of the Code of Civil Procedure runs as follows: “We may conclude that the High Court exercising its revisional jurisdiction under 115 C.P.C. cannot interfere with the decision of the subordinate court, unless it has exercised its jurisdiction not conferred by law or ..Category: Property Law | Date: | Hits: 33
Abdur Rahman @ Abdul Rahman Vs. Maklis Ali and another, 1978, 7 CLC (AD)
.... Rouf, Advocate, instructed by Md. Giasuddin Bhuiyan, Advocate-on-Record - For the Appellant. Not Represented – the Respondents. Civil Appeal No. 18 of 1978 (From the Judgment and Order dated 22-04-1977 passed by the High Court in Civil Revision Case No.1445 of 1975) Judgment K......t subsequent registration of the Kabala during the pendency of the application cured the prematurely which was reverted by the First Appellate Court and the High Court and the soundness of this decision is in question. As to the standing of the pre-emptor and the competency of his applicatio..Category: Property Law | Date: | Hits: 34
P.W.V. Rowe Vs. Chairman Labour Court, Chittagong, 1977, 6 CLC (AD)
....y to report to the Medical Officer of the Company on 2.2.76. Respondent No.2, however, did not produce herself before the Medical Officer as directed by the Company and then the Company by a letter dated 9.2.76 informed her that, on account of her failure to report to duty within 10 days from the ...... as there was no corroboration of the evidence of the complainant, and that the High Court should have set aside the said finding. In support of both these contentions learned Counsel relied upon a decision of the Supreme Court of India in the case of National Engineering Industries Ltd. Vs. Hamma..Category: Labour and Industrial Law | Date: | Hits: 77
Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)
....and for sole respondent (In Civil Appeal No. 82 of 1977). Respondent - Not Represented (In Civil Appeal No.81 of 1977). Civil Appeal Nos. 81 and 82 of 1977 (From the Judgment and decree dated 7-3-1974 passed by the High Court Division in S.A. Nos. 1005 & 1006 of 1961) Judgment ......nts being Title Suit Nos. 20 and 21 of 1959, the learned Additional District Judge, Khulna who heard the said appeals by his judgment and decree dated 9.11.60 dismissed both the appeals affirming the decision of the learned Munsif. The further two second appeals aforesaid were dismissed by the High ..Category: Property Law | Date: | Hits: 32
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....Aminul Huq, Advocate-on Record - For Respondents No.1 & 2. Not Represented - Respondent Nos. 3-19. Civil Appeal No. 24 of 1977 (From the judgement and order of the High Court Division dated 5-4-1976 in F.M.A. 96 of 1974) Judgment Ruhul Islam J.- This appeal by special leave a...... to all the five plots, the petitioner’s case should be hit by the bar of rule of partial pre-emption and as such the entire claim should fail.” 10. The learned Counsel then refers to another decision of the Dacca High Court. In the case of Syed Abdul Karim Vs. Harendra Chandra Dhupi (1962) ..Category: Property Law | Date: | Hits: 32
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