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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. ......, learned Counsel for the appellant, contends that the letter Ext. L is a clear admission of the respondent that he had transferred his shares in favour of his brother. Mr. Ahmed has submitted that a party's admission fulfilling the requirement of law, sec.21 of Evidence Act, is substantive evid..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. ......t. B, the certified copy of a judgment dated 23.5.61, shows the recording of the suit land in the names of the principal defendants. The Trial Court discarded Exts. A and E as the plaintiff was not a party to the earlier partition suit. It also discarded the judgment Ext. B because it was passed on ..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.
......by the Returning Officer on the basis of the result given by the Presiding Officer can not be challanged by a writ petition and the same may be challenged before the Election Tribunal by the affected party.................. (10)
After the publication of the result in the Official Gazette the el..
Category: Election Law | Date: 24 May, 1990 | Hits: 101
AH Shamsuddin Ahmed Vs. Begum Arafat & others, 1990, 19 CLC (HCD)
..... In the result, the Rule is discharged. However, there will be no costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 52. ......ed by the learned Subordinate Judge, Chandpur, in Title Appeal No.33 of 1986 setting aside those of the learned Munsif, 1st Court, Chandpur passed in Title Suit No. 290 off 1984. 2. The opposite party Begum Arafat alias Arafaternessa Begum instituted the aforesaid suit for declaration of title ..Category: Property Law | Date: 22 May, 1990 | Hits: 111
Fazal & others Vs. State, 1990, 19 CLC (HCD)
....ently argued that the learned Sessions Judge should not have sent back the case for retrial to the Additional District Magistrate in order to fill up the lacuna in the prosecution and also remedy the defect of the Judgment of the Additional District Magistrate. He has argued that so far as the provi......evisional Jurisdiction) Present: AKM Sadeque J Fazal & others ..................................Petitioners Vs. The State ........................................Opposite party Judgment May 14, 1990. Result The Rule is made absolute. Every judgme..Category: Criminal Law | Date: 14 May, 1990 | Hits: 66
Ayesha Khatun (Musammat) Vs. Musammat Jahanara Begum & others, 1990, 19 CLC (AD)
....he case on 20th July, 1979. 3. Respondent No.1 contested the case on the ground that the application for pre-emption was not maintainable in law and the same was barred by limitation and bad for defect of parties, that she purchased the land with the knowledge of the pre‑emptor and, further, ...... 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. ......taining an explanation from the learned Munsif within 4 weeks from receipt of this order. 8. I make this Rule absolute. However, I direct the petitioner to pay cost of Tk. 500.00 to the opposite party. The learned Munsif is directed to proceed with the case in accordance with law. Send a c..Category: Civil Law | Date: 5 Apr, 1990 | Hits: 1
Kanak Mala Vs. Md. Safiuddin & others, 1990, 19 CLC (HCD)
....e under section 106 of the Transfer of Property Act. The suit was transferred to the 6th Court of Munsif, Dhaka and it was renumbered being TS No.522 of 1982 and it was dismissed on the ground of the defect of the notice u/s. 106 of Transfer of Property Act on the observation that the 6 months' ......g the judgment and decree dated 30.6.87 passed by Assistant Judge, 6th Court, Dhaka in Title Suit No.13 of 1985. 2. Facts giving rise to this Rule may briefly be stated thus:‑ 3. Opposite party No.1 as plaintiff filed Title Suit No.13 of 1985 in the 6th Court of Assistant Judge, Dhaka ag..Category: Property Law | Date: 5 Apr, 1990 | Hits: 74
MA Razzaque Vs. Bangladesh Election Commission, 1990, 19 CLC (HCD)
....the office of the Chairman of Dewanganj Upazila Parishad. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 16. ..........Respondents Judgment April 5, 1990. Result: The Rule is made absolute. A person shall be disqualified for election as for being a chairman of Upazila Parishad, if he is a party to a contract for work to be done for, or goods to be supplied to the Parishad concerned or ha..Category: Election Law | Date: 5 Apr, 1990 | Hits: 110
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. ......kona in OC Appeal No.2 10 of 1986 affirming the judgment and decree dated 28.9.86 passed by Munsif Purbadhala in OC Suit No. 32 of 1986. 2. Facts 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, ..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. ......te hearing and also about the passing of ex-parte award…............ (10) It is well settled that Arbitrators are not bound to give time and notice if they are satisfied that a particular party does not intend to appear and is deliberately keeping away............ (18) There is no l..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)
....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. ......aya & Co. V. Wazir Ali Industries Ltd. 21 DLR (SC) 50 Case referred, Where a transfer is hit by section 52 of the Transfer of Property Act a transferee is not entitled to hold his title against a party to the suit sought to be affected by such transfer but the transfer is not void…&hellip..Category: Property Law | Date: 27 Mar, 1990 | Hits: 75
Zahura Khatun and others Vs. Rokeya Khatun and others, 1991, 20 CLC (AD)
....defendant- respondents who were substituted during the pendency of the suit upon the death of the original tenant are liable to be ejected without any further notice and whether the defect in this notice under section 106 of the Transfer of Property Act, namely termination of tenan......e ground that the right of occupation of a monthly tenant is a personal right which creates no interest in the land and that this personal right which is not heritable ceases with the death of either party. It falls to be considered in this appeal whether in this situation the suit for ejectment of ..Category: Tenancy Law | Date: 25 Mar, 1990 | Hits: 124
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. ...... that being preoccupied with the medical treatment of the victim 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..Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65
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. ......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. ..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 ......908) 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 a party to the agreement. The outstanding amount was tendered against balance claim of the bank but th..Category: Contract Law | Date: 4 Dec, 1989 | Hits: 222
Moynul Hasan and others Vs. Nazmul Haq @ Nazmul Hasan and others, 1989, 18 CLC (HCD)
.... impugned order of the learned Subordinate Judge. In the result, the Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 82. ......ak of service of summon upon him, the compromise decree in question was passed on 27.2.84 dividing the entire properties in the suit amongst the compromising parties, to the exclusion of the opposite party No.1 (defendant No.8). This speaks of suppression, even fraud. Studied in the light of the dec..Category: Limitation Law | Date: 28 Nov, 1989 | Hits: 219
Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)
....ce by us. In the result, this appeal is dismissed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ......pellant preferred an application under section 561A of Cr.P.C. before this Court and a Rule was issued on 2.4.89 by a Division Bench in which Justice Fazle Hossain Mohammad Habibur Rahman was a party and the said application under section 561A Cr.P.C. was registered as Criminal Revision No.94 ..Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153
Manindra Kumar Malakar Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....e copy of this order be communicated to the Deputy Commissioner, Gazipur and the Jailor, Gazipur District Jail at once for compliance. Ed. This Case is also Reported in: 43 DLR (1991) 71. ......igion and married a Muslim namely, Nawshed Bepari she should not be handed over to the custody of her father. 9. An affidavit‑in‑opposition has been submitted on behalf of the added opposite party Nos. 6 and 7 namely, the accused Nawshed Bepari and Wahab Bepari. They also filed an additiona..Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104
Circle Officer, Sutrapur Vs. Mohammad, 1989, 18 CLC (HCD)
.... the Rule is made absolute without any order as to cost. Let a copy of this judgment be sent to the District Judge, Dhaka immediately. Ed. This Case is also Reported in: 43 DLR (1991) 84. ......te. He states in the said affidavit on behalf of the petitioners that he is acquainted with the facts and circumstance of the case as he looks after the cases in which Deputy Commissioner, Dhaka is a party. He had stated in his affidavit that before the decree was drawn up against the Government on ..Category: Limitation Law | Date: 9 Aug, 1989 | Hits: 178
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