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Shamsun Nahar Awal Vs. Board of Intermediate and Secondary Education, and others, 1992, 21 CLC (HCD)
....5 to maintain status quo. In the judgment passed on 3.12.86 in Civil Order No. 198 of 1986 disposing of the contempt application it was held that the composition of the Special Managing Committee was complete. A true copy of the judgment of then High Court Division in Civil Order. No. 198 of 1986 is......in Writ Petition No. 2514 of 1992 stands discharged and consequence the concerned stay order is vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 365 ..Category: Administrative Law | Date: 27 Aug, 1992 | Hits: 1
.... plots were unauthorised and having unauthorisedly injected in to the main master plan the sub‑division of the plots are without lawful authority and further this sub‑division would make the area completely uninhabitable, unhealthy, without free passage and flow of basic air and light to which l......riginally agitated in the petition we are not inclined to go into those facts and also for the reason that a plan once made is always capable of being revised thereafter by the marker and there is no bar to any revision or alteration and in the instant case the lease agreement with the new all..
Category: Constitutional Law, Property Law | Date: 7 Jul, 1992 | Hits: 3
Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)
.... from the Head Master of the school where she was reading at the relevant time. School certificate shows that victim girl Sumati Begum was born on 5.6.75. So according to school certificate she would complete 16 years of her age on 4.6.9 1. According to the statement made by the father in the FIR da...... stayed for 15 days from today. The Rule is accordingly discharged. Communicate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ..Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157
Golam Kader Vs. Abdul Khaleque Choukder and others, 1990, 19 CLC (AD)
....act into a suit for determination of title which is not permissible in law. The learned Single Judge of the High Court Division rightly found that the present appellants are not necessary parties for complete and effectual adjudication of the issues involved in the present suit. The learned Single J......uit No.7 of 1969 with the present suit, if they so desire. Consequently, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 106. ..Category: Civil Law | Date: 13 Aug, 1990 | Hits: 94
Afruz Miah (Md) and another Vs. Alhaj Md. Siraj Miah, 1990, 19 CLC (AD)
....mself held 600 shares in the said hotel and became the permanent and life‑time Managing Director of the said private limited company. During the early part of 1980 deceased Siraj Miah suffered from complete nervous break-down hearing the news that appellant No. 1 misappropriated huge amount of mon......ion of the suit. The Companies Act, 1913, Section 38 Although section 38 of the Companies Act empowers the Company Court to rectify share register, it is well‑settled that a suit is not barred thereby, especially when detailed evidence is to be taken to settle issue of fact. Lawye..Category: Procedural Law | Date: 5 Aug, 1990 | Hits: 91
Abdul Hai Sikder and another Vs. State, 1990, 19 CLC (AD)
.... Result: The appeal is dismissed. The Evidence Act, 1872 (I of 1872), Section 134 The evidence of a solitary witness can very well be the basis of conviction if his evidence is full, complete and self contained, stands fully corroborated by circumstances and medical evidence on reco......ame upon their house. Appellant No.1 Abdul Hye asked them as to why they has seized and fastened their cow. They replied that the cattle had eaten their harvest and that it would be released after Madbars had seen to it. Appellant No.1 shouted, "Who is the Madbar, catch the cattle and cut the s..Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 91
Attor Mia and another Vs. Mst. Mahmuda Khaton Chowdhury and others, 1990, 19 CLC (AD)
.... decision on the evidence on record and without any direction to take additional evidence when the revisional Court was itself competent to determine [he issues involved as the evidence on record was complete. 2. The appellants filed Title Suit No. 367 of 1991 in the 2nd Court of Subordinate J...... to her credit on the finding that the appellants are the owners of the stated contiguous plots, that the formalities of Talab-i-Mowasibat and Talab-i-Ishad were duty performed, that the suit was not barred by limitation and that there were no pucca structures in the suit land. 5. Respondent N..Category: Property Law | Date: 22 Jul, 1990 | Hits: 43
Abdur Rouf Miah Vs. Fazlur Rahman and others, 1990, 19 CLC (AD)
....rs. He found no discrepancy in the ballot papers of 83 Centres; but in respect of 4 Centres, he found marks of tampering and a substantial number of ballot papers missing. In this position he did not complete the re‑counting but submitted a report to the Chief Election Commissioner, In the meantim......n a fair and honest manner. But he is also subject to the Election Rules. Subject to this observation the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 23. ..Category: Election Law | Date: 27 Jun, 1990 | Hits: 139
AH Shamsuddin Ahmed Vs. Begum Arafat & others, 1990, 19 CLC (HCD)
....he defendant was void for want of deliverly of possession to the defendant. The taking of possession of the subject matter of the gift of donee, either actually or constructively is necessary to complete a gift. Delivery of possession of a gift may be actual or constructive. When physical deliv......o look after the suit property. After the disturbances was over she returned to her village home and reaped away the crop grown on the land in suit and she continued in possession therein through her bargaders and pattanders. It was further alleged by her that the defendant‑petitioner wrote a lett..Category: Property Law | Date: 22 May, 1990 | Hits: 111
M/s. Rising Sun Traders Ltd. Vs. Chittagong Port Authority and another, 1990, 19 CLC (HCD)
.... 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 conclusion of the arbitration proceedings depends ...... 2.55 of the Contract document. 4. The learned Subordinate Judge dismissed the suit and set aside the Award by Judgment and order dated 26.9.1988 holding, inter alia, that the reference was time barred under clause 2.103 of the Contract Agreement as it was not made within 28 days from the lette..Category: Alternative Dispute Resolution | Date: 28 Mar, 1990 | Hits: 176
Abdul Momen Bhuiyan Vs. Haji Payez Ali Mia and others, 1990, 19 CLC (HCD)
....se 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 complete sense. The material fact has affirmed the action taken by the Returning Officer in rejectin......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
AK Banik & Khokan Kumar Saha Vs. M. Karim & another, 1989, 18 CLC (HCD)
....the jail premises which has the effect of thwarting the order of this Court. They must advise the Special Branch officials to move out of the jail and do what they want to do after the detenu is completely emancipated from the custody of the jail authority. As long as the jail authority is in c......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. ..Category: Contempt of Court Law, Criminal Law | Date: 11 Jun, 1989 | Hits: 102
Hazrat Ali & Abdur Rahman Vs. State, 1989, 18 CLC (HCD)
....e also quite insufficient so as to bring home the offence of murder against the appellants. They submitted that in order to sustain a conviction on circumstantial evidence, such evidence must be complete and is incapable of explanation on any hypothesis other than of the guilt of the accus......s in the truck and all of them were more or less injured in the accident and the said four persons left the place of accident by two rickshaws and the name of one of the rickshaw pullers was Abdul Jabbar. On going to the house of Abdul Jabbar the informant came to learn that the injured persons went..Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152
Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
....ntil the contrary is proved by clear and convincing evidence, for every presumption is in favour of possession in subordination to the true owner. Although possession of a tenant, however full and complete, docs not of itself operate as an ouster of the owner, the mere fact that a person enters......ement for sale. He also denied the suggestion of the contesting defendant that defendant No.1 had no interest in the suit land and he did not execute the bainapatra. P.W.2 Md. Hossain, P.W.3 Abdul Jabbar are all witnesses of bainapatra and they testified that the plaintiff has been possessing the su..Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
Sreemati Parul Kusum Roy Vs. Bangladesh & others, 1987, 16 CLC (HCD)
....ut respondent No.4 with an ulterior motive and without making any report and also without complying with the stay order passed in the Misc. Appeal hurriedly started a V.P. Misc. Case and proceeded to complete the lease of the properties without giving petitioner any notice or opportunity of being he......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
Kings Shipping Tra¬ding Co Vs. M/s. L.S. Line & others, 1985, 14 CLC (HCD)
.... jurisdiction in an action in rem by arresting any other ship than the one to which the cause of action related. Their Lordships of the Court of Appeal in this connection has observed; "The complete absence of any reported case in the last 100 years, in which the present attempt to ar......t the order may be stayed for one month. This order is therefore, stayed for one month. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 30. ..Category: Admiralty Law or Maritime Law | Date: 8 Jul, 1985 | Hits: 7
H.N. Fabrics Ltd. Vs. Mallick Textile Industries and others, 1985, 14 CLC (AD)
....ant further sum of Tk. 4,00,000/- as stipulated but the plaintiff was wiling and ready to pay balance Taka 8,00,000/- but the defendants did not pay heed to the same in spite of repeated request to complete the transaction and therefore suit for specific performance of contract was filed. ......e offer of money or money value for the defendant's promise remains the essence of consideration. The plaintiff must show that the defendant's promise, upon which he was suing, was a part of the bargain to which he himself had contributed………………(7) The plaintiff should su..Category: Contract Law | Date: 15 Jan, 1985 | Hits: 1288
The State Vs. Mosammat Mallika Khatun, 1984, 13 CLC (HCD)
.... the imprint of a maniacal mind. In this case the condemned prisoner has chosen a sharp pointed weapon which the learned Additional Sessions Judge characterized as a well-chosen weapon. There is complete lack of evidence that the killing was preceded or succeeded by maniacal shouts and shreiks ......s affirmed. Let the lower Court records be sent down immediately. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 53. ..Category: Criminal Law | Date: 25 Nov, 1984 | Hits: 1
Sabitri Rani Dey Vs. The State, 1984, 13 CLC (HCD)
....and another accused Tarun Kanti Chakraborty were directed to be released on bail on 6.6.83. When accused Sabitri Rani Dey furnished bail bond, she was released on 19.7.83. As the Police was unable to complete the investigation within 60 days from the date of lodging of the F.I.R. the Investigating O......inally upto 26.12.83. The Police submitted charge sheet on 24.12.83 against accused Biswanath Basak( absconding) and accused petitioner Sabitri Rani Dey (on bail). Accused Tarun Kanti Chakrabarty and accused Ramani Mohan Basak were discharged. On 23.10.83 accused Sabitri Rani Dey had praye..Category: Criminal Law | Date: 29 Oct, 1984 | Hits: 1
M/s. Gannysons Ltd. & anr. Vs. Sonali Bank & others, 1984, 13 CLC (AD)
.... In view of special circumstances in this case, and by virtue of the power conferred upon the Appellate Division of the Supreme Court by the Constitution of Bangladesh, vide Article 104 to do complete justice in a case, it is declared that Gannysons Limited is not an abandoned property. It ......8 of 1982 being infructuous will be withdrawn after release of the property within the aforesaid date. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 43. ..Category: Property Law | Date: 20 Aug, 1984 | Hits: 24
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