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Sree Birendra Nath Singh and others Vs. Md. Mokbul Shah and others, 1989, 18 CLC (HCD)

....erference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court‑records at once. Ed. This Case is also Reported in: 43 DLR (1991) 77. ......scretion with regard to the reception of document which was not produced with plaint, if there is no doubt about the genuineness of the document produced. The Court may also reject the document where party does not explain adequately any inordinate delay in producing it….…....... (9) ..

Category: Property Law | Date: 2 Aug, 1989 | Hits: 78

Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)

....inate Judge, Narayanganj is directed to dispose of T.S. No.56 of 1984 in accordance with law as expeditiously as pos­sible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 357. ......bubuddin Ahmed, Advocate—For Opposite Parties. Civil Revision No.452 of 1986. Judgment Fazle Hossain Mohammad Habibur Rahman J. - This Rule was issued calling upon the opposite party No.1 AKM Murshed lo show cause why the judgment and order dated 18.1.86 passed by Mr. Md. Ibra..

Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152

Inspector, Railway Nirapatta Bahini, Bangladesh Railway, Khulna and others Vs. Sohrab Ali, 1989, 18 CLC (HCD)

....order as to costs. The order of stay is vacated. Let the suit be disposed of in accordance with law as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 79. ......n application of the defendant‑petitioners praying for dismissing the suit on the ground of maintainability. 2. The Rule arises in the following facts and circumstances: 3. The opposite‑party as plaintiff instituted a suit being OC Suit No. 98 of 1984 in the Court of Munsif, now Assist..

Category: Employment/Service Law | Date: 18 Apr, 1989 | Hits: 87

Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)

....if the promisor is not willing to part with the possession the promis­ee cannot compel him in law to part with pos­session." Their Lordships further held in that decision that possession under a defective sale deed is different from possession under a contract for sale. In the for­mer case the......the occupant for setting up an adverse claim at any time he chooses by any act which changes the character of his occu­pancy from amicable to adverse." Again the learned Author says:- "Where a party is in possession of lands in privity with the original owner nothing short of an open and expl..

Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941

Sukhendra Chandra Das Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and Others, 1988, 17 CLC (HCD)

....t be sent at once to the Sessions Judge and the Deputy Commissioner, Narayanganj and also to the Upazila Magistrate Arai­hazar Upazila. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 79. ......et. 11. In the present case it has been stated above that prima-facie at this stage we take the view that she is a minor aged about 17 years born on 11.9.71. This view will not prejudice the other party at the trial and the trial Court will be at liberty to determine the age on the basis of evide..

Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193

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.   ......nk granted the loan for purchase. Mohammad Meah the plaintiff was engaged by Janapad Enterprise for breaking it into scraps. 7. Now the second phase: — Mohammad Meah the ship breaker is not a party to the contract be­tween Janapad Enterprise and the Pubali Bank to which the ship was pledged..

Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252

Mrs. Sajeda Parvin Banu Vs. Government of Bangla­desh and others, 1988, 17 CLC (AD)

....is satisfied that the accused will indulge in preju­dicial activities if he is allowed to remain at large. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ......is satisfied that the accused will indulge in preju­dicial activities if he is allowed to remain at large. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ..

Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95

Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)

....nciple of res judicata and dismissed the suit. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 56. ......livery of possession through court on 28 June 1923. But he could not get actual possession of the land as the puisne mortgagee, Pran Krishna; was admittedly in possession. Pran Krishna was not made a party by Sristidhar in his Mortgage suit. Plaintiff, Chandra Bala claimed that Sristidhar was going ..

Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106

Md. Nurul Haque Vs. Sonali Bank of Bangladesh & another, 1986, 15 CLC (HCD)

....der section 115(1) C.P.C. The application is, therefore, summarily re­jected. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 223. ......e said Misc. Case and vaca­ting the earlier order dated 10.2.86 dismissing the suit for default and restoring the Money Suit No. 1 of 1981 to its original file and number. 2. Plaintiff-opposite party No.1 Sonali Bank, represented by the Branch Manager Sonali Bank, Fajbari instituted Money Suit..

Category: Criminal Law | Date: 19 Nov, 1986 | Hits: 24

Subitri Bari Vs. Assistant Custodian of Enemy Property & Additional Deputy Commissioner (Rev) Patuakhali & others, 1986, 15 CLC (HCD)

....c objection was taken in the written objection that the suit was not maintaina­ble at the instance of the present plaintiff. The defendant has also raised an issue over it. Being conscious of the defect in the cons­titution of the suit, the Government appears to have filed an application on ......row compass and may be stated thus:- One Taramoni, the mother of defendant No.1 Sabitri Barai instituted a suit being Title Suit No.397 of 1961 in the 1st Court of Munsif, Patuakhali against opposite party No.2 Surendra Nath Sen for declaration of her Title to 5175 acre of land recorded in plot Nos...

Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259

Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)

....eration of this judg­ment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ......evelopment work as directed by the officers of the Fishery Directorate. 21. This question as to completion or non-completion of development work can only be decided conclusively in favour of one party on evidence when a serious dispute had been created in this regard by contradictory reports is..

Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247

Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)

....1 alone contested the suits by the filing a written statement and an additional written statement contending Inter alia that the suit was not maintainable. It was barred by limitation and was bad for defect of parties. His case was that Kinu Bhutan was the original and real owner of 12.05 acres of l......y the defendant No.1. His further case was that was plaintiff No.1 obtained the decree in Title Suit No.201 of 1956 frau­dulently and collusively the decree was not binding on him as he was not a party in the suit. He also contended that Money Suit No.6 of 1969 instituted by Nur Hossain, brother..

Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8

Ruhul Amin Vs. The State, 1986, 15 CLC (HCD)

....cord be sent down with a copy of this order at once. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 166.       ......ssain Moham­mad Habibur Rahman J Md. Abdul Jalil J Ruhul Amin........................................Petitioner Vs. The State..........................................Opposite party Judgment March 19, 1986. Result: The Rule is discharged. Cases Referr..

Category: Criminal Law, Procedural Law | Date: 19 Mar, 1986 | Hits: 3

Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)

....ce to pay a fine of Tk. 1000/- in default to suffer simple imprisonment for three months. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 140. ......ject to such conditions, if any, as may be deemed fit, the permission applied for. (4) In deciding the application the Arbitration Council shall record its rea­sons for the decision, and any party may, in the prescribed manner within the prescribed period and on payment of the prescribed fe..

Category: Family Law | Date: 17 Mar, 1986 | Hits: 1

Abdul Awal Vs. Abdul Mannan & another, 1986, 15 CLC (AD)

....ses in the same court according to the proceeding governing trials of cross-cases. The petition is dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 254.  ......ous incident of rioting, assault and quadruple murders. One Abdul Mannan lodged that First Information Report against 43 persons including the petitioner, accused Abdul Awal, alleging that he and his party raided Informant's house and, among other things, caused the death of four persons by gun-shot..

Category: Criminal Law | Date: 16 Mar, 1986 | Hits: 77

Shaikh Obaidul Haq Vs. The State & another, 1986, 15 CLC (HCD)

....li­tan Magistrate, Dhaka be quashed. Latifur Rahman, J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105.         ......ase. 3. The petitioner's case is that he was the Managing director of Dhaka Paints Limi­ted which was the principal agent dealer of Berger Paints Bangladesh Limited of which the Opposite party is the Regional Sales Manager. As the appointed agent/dealer the petitioner used to sell the p..

Category: Criminal Law | Date: 20 Feb, 1986 | Hits: 1

Mrs. Shahar Banoo Ziwar Sultana Beyad Vs. Mrs. Wahida Khan & 5 others, 1986, 15 CLC (HCD)

.... absolute and the impugned order is set aside. The Criminal proceeding will continue as usual. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 132. ......osal of Title Suit No.48 of 1973 pending in the Civil Court. 2. The petitioner Mrs. Shahar Banoo Ziwar Sultan Beyed made a complaint to Kotwali Police Station on 5.2.79 stating that the Opposite party was her monthly tenant in the house No.252, Road No.22, Dhanmondi Residential Area, Dhaka and ..

Category: Procedural Law | Date: 14 Feb, 1986 | Hits: 31

Abul Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 1986, 15 CLC (HCD)

....below are affirmed. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 145.                   ......elected Chairman of the conc­erned Union Parishad. The learned District Judge, Feni on appeal reversed the judgment and order of the Election Tribunal and up­held the election of the opposite party No.1 as the elected Chairman of the said Parishad. 2. The concerned Union Parishad is No...

Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4

Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)

....of the case in accordance with law as expeditiously as possible. Md. Abdul Jalil, J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 152.     ...... J Md. Abdul Jalil J Alhaj Mamtaj Meah…………….……...........Petitioner Vs. The State.........................................Opposite party Judgment January 30, 1986. Result: The Rule is discharged. Cases Refe..

Category: Criminal Law, Procedural Law | Date: 30 Jan, 1986 | Hits: 1

Latfur Rahman and others Vs. Golam Ahmad Shah and others, 1986, 15 CLC (AD)

....aid by way of advance within 3 months. In default, the contract stands and the decree will be enforced. No order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 242. ......rmance of the contract would involve tome hardship on the defendant which be did not foresee, whereas its non-performance would involve no such hardship on the plaintiff." 12. Mere hardship of a party will not bring item-II in operation. The fact that the contract is onerous to the defendant wi..

Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212