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M/s. Rising Sun Traders Ltd. Vs. Chittagong Port Authority and another, 1990, 19 CLC (HCD)
....ttled 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 legal requirement that the arbitration should be completed within a stipulated period of time. The c...... 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. ..Category: Alternative Dispute Resolution | Date: 28 Mar, 1990 | Hits: 176
Zahura Khatun and others Vs. Rokeya Khatun and others, 1991, 20 CLC (AD)
....below, but With regard to the notice under section 106 of the Transfer of Property Act it clearly noted that the learned Advocate for the present appellant frankly submitted that the notice was not a legal and valid notice. The High Court Division held that in the absence of a valid termination of t......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. ..Category: Tenancy Law | Date: 25 Mar, 1990 | Hits: 124
Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)
....a on receipt of' the balance consideration money but the defendant No.1 did not show any interest to do so. Thereafter the plaintiff approached his relation Al-haj Mohammad Ali, Advocate, to take legal steps in the matter and made over the bainapatra and the receipt to him for the purpose. Then ......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. ..Category: Property Law | Date: 15 Mar, 1990 | Hits: 66
Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)
.... that condition laid down in section 509A Cr.P.C. does not stand satisfied in the instant case and as such Post‑mortem report is not admissible in the evidence and it was admitted in the evidence illegally. In support of this contention the decision in the case of State Vs. Mokbul Hossain, reporte......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. ..Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65
Abdul Momen Bhuiyan Vs. Haji Payez Ali Mia and others, 1990, 19 CLC (HCD)
....r who is the sitting Chairman of Raipura Upazila Parishad has moved this petition under Article 102(2) (a) (ii) of the Constitution of the People's Republic of Bangladesh, calling in question the legality of rejection of his nomination paper by the Returning Officer, which he had filed for the p......e provision of section 62 of the Contract Act. Section 62 of the Contract Act contemplates novation of contract or modification of the term of contract. It has little to do as to the elevation of the status of a person who has already defaulted in making payment of any dues to the Bank. 9. Anne..Category: Election Law | Date: 5 Mar, 1990 | Hits: 136
Anisuzzaman Vs. State, 1990, 19 CLC (HCD)
....was loss although apparently to the Irrigation Project but ultimately it was prejudicial to the economical and financial interest of the State and as such the order of conviction u/s 16 of the Act is legal. Mr. Huq cited the decision in the case of Tamiz Hia Vs. Govt. of Bangladesh reported in 33 DL......roject authority. In the result, I allow the appeal with the aforesaid observation. The appellant is released from his bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 35. ..Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86
Manindra Kumar Malakar Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....custody very miserably. The detenu could not be free from undue control and influence of the accused persons unless she is transferred from Gazipur jail to Dhaka Central Jail Since the detenu is in illegal custody in Gazipur Jai and since the detenu is a minor, the father being the legal guardian is......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. ..Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104
Circle Officer, Sutrapur Vs. Mohammad, 1989, 18 CLC (HCD)
....erty (being a tank measuring more than 4 bighas of land) is recorded in the khas khatian not of the Collector, Dhaka. Zamindar Manmatha Bennerjee purchased the estate including the suit tank from the legal heirs of Syama Sundari Dasya and thereafter Zaminder of Bhagyakul, Gunendur Krishna Roy Bahadu...... 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. ..Category: Limitation Law | Date: 9 Aug, 1989 | Hits: 178
Sree Birendra Nath Singh and others Vs. Md. Mokbul Shah and others, 1989, 18 CLC (HCD)
....n………….. (6) Admission into evidence of an registered document falls within the scope of Order 7 rule 18 of the Code of Civil Procedure The policy underlying this legal provision is to exclude evidence the existence of which at the date of the suit is doubtful an......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. ..Category: Property Law | Date: 2 Aug, 1989 | Hits: 78
Ziaul Hoque Vs. Election Commission, 1990, 19 CLC (HCD)
.....3.90 in pursuance of Gazette Notification issued by respondent No.1 as contained in Annexure‑B dated 1.3.90 is not declared to have been made without any lawful authority and to be of no legal effect. 2. The petitioner was a candidate in the election for the office of Chairman...... is discharged with compensatory cost of Tk. 5,000/‑ (Taka five thou sand) only to be paid to the respondent No. 5 by the petitioner. Ed. This Case is also Reported in: 43 DLR (1991) 9. ..Category: Election Law | Date: 14 Jun, 1989 | Hits: 98
Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)
....1 opposite party A.K. Murshed and thus defendant No.1 A.K. Murshcd became tenant under the plaintiff. As defendant No.1 became defaulter and as he sub-let a portion of the premises in the suit land illegally without permission of his land lady to defendant No.2 Ful Chand Mia and Rustam Ali Mia (pred......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. ..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
Hazrat Ali & Abdur Rahman Vs. State, 1989, 18 CLC (HCD)
....rate 1st Class on 24.10.82 at his chamber. The said confessional statement was marked Ext.4. The paper clearly manifests that the learned Magistrate recorded the statement observing all the legal formalities. The accused did not make any complaint of police torture and maltreatment an......emned prisoner Hazrat Ali with the modification of sentence of both the condemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ..Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152
Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
....fic point of time and admittedly the plaintiff having gone into possession by virtue of contract for sale and there being no specific pleading of Adverse Possession as such, the trial Court acted illegally in declaring title on the basis of adverse possession alone. The learned Advocate next con......and the appeal is allowed without any order as to cost and the suit is dismissed. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 467...Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
....rence was made to the Majority Act, 1875 the Guardians and Wards Act, 1890 and Child Marriage Restraint Act, 1929 (as amended in 1984) and it was submitted that her alleged conversion to Islam is illegal, unlawful and ab initio void that she being a Hindu minor is not legally competent in law to g...... not vest in the Magistrate any such jurisdiction" In the case of Jai Dayal Dhingra Vs. Mt. Sohagan reported in A.I.R. 1934 Lahore 647 it was held that it is not proper that the questions involving status of parties, i.e. validity of marriage and conversion should be decided in an application in..
Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193
Jalaluddin Ahmed Chowdhury Vs. State, 1988, 17 CLC (HCD)
....der of conviction and sentence passed by the Additional Divisional Special Judge is right. In the result, I dismiss the appeal. Ed. This Case is also Reported in: 41 DLR (1989) 87. ......der of conviction and sentence passed by the Additional Divisional Special Judge is right. In the result, I dismiss the appeal. Ed. This Case is also Reported in: 41 DLR (1989) 87. ..Category: Criminal Law | Date: 23 Mar, 1988 | Hits: 32
Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
....Banu...........................Appellant Vs. Government of Bangladesh and others.........Respondents Judgment March 20, 1988. Result: The detention is held to be illegal. The Constitution of Bangladesh, 1972, Article 102 Materials were available to the d......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)
....y of possession through court on 28 June 1923. But as he did not implead in his Mortgage Suit the second mortgagee in possession, namely, Pran Krishna, it is alleged, Sristidhar was going to initiate legal action against Pran Krishna to recover possession, but Pran Krishna amicably settled the matte......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. ..Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106
Sreemati Parul Kusum Roy Vs. Bangladesh & others, 1987, 16 CLC (HCD)
....of being heard. The initiation of the V.P. case and the approval of the lease in favour of the stranger respondents 6 to 9 and the declaration of the property as vested property were all arbitrary, illegal, malafide and without any sanction of law. Upon the said facts and circumstances the petitione......declared to have been passed without any lawful authority and to be no legal effect. Bimalendu Bikash Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 389. ..Category: Property Law | Date: 22 Mar, 1987 | Hits: 13
.... the ex-parte decree upon fraudulent suppression of summons showing a false settlement of the land in suit by opposite party No.2 in favour of Taramoni, the mother of defendant No.1. The property was legally and properly declared as Enemy Property in E.P. Case No.667 of 1967-68 and leased out to dif......evidence that may be adduced before him.
Bimaleodu Bikash Roy Chowdhury J. - I, however, make no order as to cost.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 172.
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Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259
Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)
....f the marriage the accused respondent married Rahima Khatun, daughter of Kashem Ali on 14-9-78 without taking any permission from the Arbitration Council. Now we are to consider what will be the legal consequence of such marriage in view of the provision of Muslim Family Laws Ordinance, 1961. ......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. ..Category: Family Law | Date: 17 Mar, 1986 | Hits: 1
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