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Yakub (Md.) Ali Howlader Vs. Abdur Rab Munshi, 1990, 19 CLC (HCD)
....er appearing for the opposite party No. 1 contested this Rule contending that the Tribunal in rejecting the application as to maintainability committed no error or illegality occasioning a failure of justice as rejection or acceptance of a nomination paper is a part of the whole election process ult......accordance with law and be decided at an earlier date. Communicate this order at once. The stay al granted earlier is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 587. ..Category: Election Law | Date: | Hits: 156
Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)
....t been properly considered and there has been misreading and also misappreciation of the evidence on record by the learned Additional Sessions Judge and as a result there has been complete failure of justice. Lastly, it has been contended by the learned Advocates for the appellants that the learned ......are acquitted of the charges levelled against them. Let the appellants be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 573. ..Category: Criminal Law | Date: | Hits: 82
Abdul Quader Chowdhury Vs. Sayedul Hoque & others, 1990, 19 CLC (HCD)
....s hereby affirmed. In the result, both these Rules are discharged. No order as to Cost. The connected stay orders are hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 568. ......he lease of the plaintiffs and their possession in the disputed land. In repelling this contention Mr. Ruhul Amin appearing for the opposite parties contends that the written statement being a public document within the meaning of section 74 of the Evidence Act the learned District Judge did not com..Category: Property Law | Date: | Hits: 72
Amir Ali & others Vs. State, 1990, 19 CLC (HCD)
....sult, the appeal is allowed and the order of appellants shall be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 564. ......ame as Amir Ali and the name of the helper as Md. Islam. The informant learnt that there were sarees in 29 gunny bags and drums containing palm oil in the truck. On their failure to produce any valid documents for such goods the informant arrested them under section 54 Cr.P.C. and also seized the tr..Category: Fiscal/Taxation Law | Date: | Hits: 101
Bangladesh Vs. Dewan Obaidur Reza Chowdhury and Others, 1990, 19 CLC (HCD)
....the suit and also it has failed to take into consideration the material evidence particularly the documentary evidence of the contesting defendant, as a result there has been a serious miscarriage of justice. In support of, his contention, the learned Advocate f or the appellant has referred to a nu......ession in the suit lands and hence he is not entitled to any relief as prayed for. The suit is liable to be dismissed with cost. 4. The plaintiff examined including himself five PWs and filed some documents which were marked and numbered as Exts. 1 to 6 and the contesting defendant No. 2 examined..Category: Property Law | Date: | Hits: 101
Atash Ali and others Vs. Rebati Mohan Sarker and 3 others, 1990, 19 CLC (HCD)
....proceeding or suo motu by invoking its inherent power under section 151 of the Code and exercise of such power is no error of law, rather by such exercise of power the Court does real and substantial justice for the administration of which the Court exists. Such exercise of power is in consonance wi......t; the Rule is discharged. The learned Munsif is directed to proceed with the case in accordance with the case in accordance with the law. Ed. This Case is also Reported in: 43 DLR (1991) 539. ..Category: Civil Law | Date: | Hits: 93
....Act to the Registrar. Since this Court is in seisin of the entire records of the case, it can pass such just and equitable order or orders as it deems fit and necessary in order to render substantial justice to the parties.
21. Under P.O. No. 19 of 1973 application for summary registration was fi......ith Sattar Match Works.
With the above direction and observation this application is disposed of but there will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 532.
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Category: Intellectual Property Law | Date: | Hits: 264
State Vs. Satya Narayan Sarada, 1991, 20 CLC (HCD)
.... impugned order suffers from legal infirmity. 10. The next submission of the learned Advocate for the petitioner is that the impugned order being illegal the same should be quashed for the ends of justice. 11. The learned Advocate for the opposite party contends that even if the impugned order......ere seized by them as per seizure lists and the opposite party was given a few hours' time to show valid papers if any for the said goods Tk. 48,53,368.00 but the opposite party failed to produce any document. Thereafter the seized goods were deposited in the Dinajpur Customs House and Kotwali PS ca..Category: Criminal Law | Date: | Hits: 72
Abul Kashem Vs. Mafiz Mia and others, 1991, 20 CLC (HCD)
....ection petition that the petitioner was a defaulter in payment of any loan from Janata Bank, the learned District Judge committed an error resulting in an error in the decision occasioning failure of justice in accepting additional evidence on the point. Admittedly, opposite party No. 1 in his elect......mary School Centres. The impugned order of the learned District Judge is, accordingly, modified. The parties shall bear their own costs. Ed. This Case is also Reported in: 43 DLR (1991) 523. ..Category: Election Law | Date: | Hits: 139
Motaleb @ Mutu and others Vs. State, 1990, 19 CLC (HCD)
....scope and power to give direction to the Magistrate to send up the accused petitioner for trial and thus the order of the learned Sessions Judge being without jurisdiction has occasioned a failure of justice. 6. With regard to the first point raised by Mr. AKM Shamsul Karim, the learned Assistant......f an offence after a report under sub‑section(1) has been forwarded to the Magistrate and whereupon such investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence ..Category: Criminal Law | Date: | Hits: 67
Adam Ali Bepari Vs. Abdur Rahman Dewan & others, 1991, 20 CLC (HCD)
....I do not find any reason to interfere with the judgment and order impugned. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 510. ......Bengal Tenancy Act. Mr. Karim further cites the decision in the case of M/s Lutfun Nahar Vs. Syeeda Hasinal Ara Begum and another 21 DLR 633 wherein it has been held that the purpose of lease and the document creating the lease are determinant factors as to whether the land is agricultural or non‑..Category: Property Law | Date: | Hits: 95
Enamul Huq (Md) & 2 others Vs. Syndicate, University of Dhaka, 1990, 19 CLC (HCD)
.... opportunity having been given in that manner to the petitioner the impugned cancellation of the results of the examination and punishment imposed upon them are violative of the principles of natural justice and as such the same has been done without lawful authority and it has got no legal effect. ......he Writ Jurisdiction, with the impugned punishment given by the Syndicate. As a result, these three Writ Petitions are summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 507...Category: Others | Date: | Hits: 112
Abdul Majid Vs. Akhil Chandra Sengupta and others, 1991, 20 CLC (HCD)
....s correct. For the aforesaid reasons the judgment cannot be sustained. In the result, the Rule is made absolute. No order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 506. ......n holding that the pre‑emption case is barred by limitation on an erroneous view of section 60 of the Registration Act inasmuch as the case for pre‑empting the land was filed on 12.2.85 while the document was registered on 17.11.84. Secondly, he argues that the Courts also fell in error in holdi..Category: Property Law | Date: | Hits: 97
Farzana Huq Vs. Bangladesh, 1990, 19 CLC (HCD)
....ainst the detenu is based as is reasonably possible under the circumstances. The Government surely does not in any" way suffer if it gives a complete statement of facts to the detenu and the cause of justice is advanced by a full disclosure. I want to stress this point because I think there is not a......t Narsingdi now detained in Dhaka Central Jail be set at liberty forthwith and to report compliance of the order to this Court within a week. Ed. This Case is also Reported in: 43 DLR (1991) 501...Category: Constitutional Law | Date: | Hits: 287
Ahmed Kabir Vs. Haji Mazahar Ahmed and others, 1990, 19 CLC (HCD)
....t AM Mahmudur Rahman J. -In this Rule a short but an important question of law is mooted. The question is whether the Court below committed an error of law in the decision resulting the failure of justice in disallowing revision against an order of the trial Court refusing to modify valuation of ......ion of the suit after giving sufficient opportunity to both the parties. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 500. ..Category: Procedural Law | Date: | Hits: 83
Mozammel Haque Vs. Uttara Bank, 1990, 19 CLC (HCD)
....9.84. 7. It is submitted by Ajmalul Hossain, the learned Advocate appearing on behalf of the petitioner, that the learned Judge has committed an error of law in his decision occasioning failure of justice in allowing the application for amendment of the plaint without any notice to the petitioner......t relates to the ground of re‑calling the order dated 28.8.84. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 498. ..Category: Property Law | Date: | Hits: 90
Nehal Uddin (Md.) and others Vs. Amena Khatun and others, 1990, 19 CLC (HCD)
....n of the evidence on record came to an arbitrary finding of possession for more than 12 years in the suit property by the plaintiff‑respondent, and as a result there has been serious miscarriage of justice. 11. It is well‑settled that even a finding of fact without discussing the evidence on ......ear that the suit property was recorded in the present khatians in the names of the defendants including the names of defendant Nos. 5 and 6. It is of course true that the record of right cannot be a document of title but it may be used as documentary evidence to show possession. Now, title by way o..Category: Property Law | Date: | Hits: 71
Investment Corporation of Bangladesh Vs. Bata Shoe Company (Bangladesh) Ltd., 1990, 19 CLC (HCD)
....further directed to issue and deliver the necessary share certificates in favour of the petitioner corporation without any further delay. Ed. This Case is also Reported in: 43 DLR (1991) 487. ......l Hoque. 14. Mr. Khairul Hoque has also drawn my attention to Annexure 4 of the affidavit‑in-opposition which is the form of Letter of Allotment of Shares. At the top, it is written that "this document is of value and negotiable." In the 1st paragraph of the Letter of Allotment, it stipulates..Category: Company Law | Date: | Hits: 208
Delta Jute Mills Limited and another Vs. Sonali Bank and others, 1990, 19 CLC (HCD)
....ently the impugned letter which was issued in pursuance of the said direction must be held to be illegal. 13. Mr. Huq next submits that the impugned action is violative of the principle of natural justice. There cannot be any doubt that the impugned action sought to debar the petitioner‑company......hout lawful authority and is of no legal effect. Considering the facts of the case, we, however, award cost against Respondent No. 2 only. Ed. This Case is also Reported in: 43 DLR (1991) 483. ..Category: Company Law | Date: | Hits: 213
Gulshan Ara Begum Vs. Moazzem Hossain Chowdhury and others, 1990, 19 CLC (HCD)
....e summons were not duly served upon the petitioners in accordance with law and the learned Subordinate Judge has committed an error of law in his decision resulting in an error occasioning failure of justice in dismissing the Miscellaneous Case No. 61 of 1987 and rejecting the application under Orde......h law as expeditiously as possible after giving due notices to the parties concerned Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 481. ..Category: Procedural Law | Date: | Hits: 68
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