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Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
.... non-appealing plaintiff or defendant will be clear from the decision of this Court in the case of Hupen Majhi Vs. Munshi A Khair 32 DLR (AD) 96 in which it has been observed "it is to be remembered that on the death of a non‑substituted appellant, the appeal against him abates and it is......0; Shah Muhammad and others Vs. Muhammad Bakhsh reported in PLD 1972 (SC) 311; Mst. Murad Begum etc. Vs. Muhammad Rafiq Etc. PLD 1974 (SC) 322; Muhammad Jamil Vs. The Chairman, Industrial Court, West Pakistan and another, PLD 1964 (SC) 559; Iman Ali Halsana and others Vs. Furkun Ali Mondal and other......rder XLI rule 20 the matter perhaps would not have come to such a pass and the appeal could be spared a technical knockout. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 156. ..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)
....ormal witnesses. 10. The defence plea was that the respondents had been falsely implicated in the case out of previous enmity. It was also suggested that respondent No.1 Abdus Sattar, who was a member of the Local Union Parishad, tabled a no confidence motion along with others against the sitt......nder section 201 is set aside. The respondents are directed to surrender forthwith and serve out the sentence imposed upon them. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 44. ......nder section 201 is set aside. The respondents are directed to surrender forthwith and serve out the sentence imposed upon them. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 44. ..Category: Criminal Law | Date: 9 Aug, 1990 | Hits: 50
Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)
.... this Court after adjudication by the Courts below. With these words I concur with the decision given by my learned brother. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 28. ......icipality, AIR 1976 Supreme Court 105; Mustafa @ Mustafizur Rahman Vs. The State, 1985 BLD 335; Syed Mahmud Alam Vs. Syed Mehdi Hussain, PLD 1970 (Lahore) 6; The Punjab Province Vs. The Federation of Pakistan, PLD 1956 (FC) 72; Badri Narayan Agarwalla Vs. Pak. Jute Balers Ltd., PLD 1966 (Dhaka) 262;...... this Court after adjudication by the Courts below. With these words I concur with the decision given by my learned brother. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 28. ..Category: Limitation Law | Date: 25 Jun, 1990 | Hits: 176
....es were framed against the petitioner and these four charges run as follows:
"1. He was asked if any interview card was issued to him. His reply is negative. But from the statement of other members of the Council and the records it proves beyond doubt that the interview card was issued to ......
Government circular being Government circular under Memo-2/1-Pro-3/84 dated 11.01.84, wherein the conditions of service of the officers and staff of the erstwhile Agricultural Research Council of Pakistan who were absorbed on secondment from the Government of Bangladesh to the Bangladesh Agricul......reby set aside and those of the learned Munsif are restored although not on the same grounds.
There will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 44.
..
Category: Employment/Service Law | Date: 20 Jun, 1990 | Hits: 74
Sher Ali Amir Ali Virjee Vs. Eastern Industries (Bangladesh) Ltd. and others, 1990, 19 CLC (HCD)
....n production of scripts will not debar the transferee from getting his name registered in the company as its share holder. When there is no dispute as to a person being, or having ceased to be a member, the summary jurisdiction under this section to compel the company to perform the ministerial...... is made up and concocted story which is a result of conspiracy amongst the petitioner, his mother and wife. It is further alleged that the respondent No.3 was receiving medical treatment in Karachi (Pakistan). After undergoing surgical operation the respondent No.2, Managing Director of the company......o order as to costs. Mr. Tofailur Rahman has prayed for stay of the operation of the judgment for 6 weeks. The prayer is refused. Ed. This Case is also Reported in: 43 DLR (1991) 54. ..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
Shahabullah (Md) Vs. The State, 1990, 19 CLC (AD)
....that he engages actively in the carrying out of deceptions and frauds of this nature, even though the purpose of the action may be the public benefit. There are other classes of officials, as well as members of the public, in whom such behaviour might be excused or even regarded as fitting, but it c......se contentions reliance is placed on Abdur Rahman vs. State, 27 DLR 268 and Abdul Jabbar vs. State, 37 DLR 278. 4. The practice of utilizing Magistrates in trap cases has been disapproved by the Pakistan Supreme Court in a number of decisions. Let us refer to one Muhammad Zaheer Nadeem Vs. The ......o interfere in the matter. The appeal is dismissed. Let the appellant surrender to his bail bond and serve out his sentence. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 1. ..Category: Anti-Corruption Laws | Date: 13 Jun, 1990 | Hits: 119
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....mpany in separate Affidavits‑in‑Opposition denying the material allegations. Their common case was that in November 1970, when the appellant married appellant No.2, Mrs. Yesmen Suzette Haque, all members of the family assembled and in their presence the respondent disclosed that in view of the d...... shares, as mentioned above, by transferring the same to his name and to the name of his wife. The Board of Directors, it was alleged, approved this transfer, and with permission of the State Bank of Pakistan the transfer of share to appellant No.2, who was then a British national, was regularised; ......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. ..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. ......f the Courts below as to the right of the plaintiff on the basis of continuous possession after the expiry of the lease Ext.3 is based on good reasoning. Cases Referred to- Province of East Pakistan vs. Nakul Das Mridha & another, 20 DLR (Dhaka) 769, 32 DLR (AD) 170. Lawyers Invol......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. ..Category: Property Law | Date: 28 May, 1990 | Hits: 57
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. ......e suit was hit by the provision of section 52 of the Transfer of Property Act. 6. In the case reported in 21 DLR (SC) 50 referred to by Dr. Rafiqur Rahman their Lordships of the Supreme Court or Pakistan laid down as follows: “A stranger to a suit or a proceeding is not prohibited by......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. ..Category: Property Law | Date: 27 Mar, 1990 | Hits: 75
Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)
.... Tk. 8,000/‑ from the plaintiff on 24.2.71 and acknowledged the same by putting LTI on a receipt as his right hand was badly affected in catching fish. The plaintiff along with his family members has been residing in the huts of the homestead in the suit land since the day of bainapatra.......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. ......made over the bainapatra and the receipt to him for the purpose. Then the country was seriously involved in the war of liberation and his huts excepting two were razed and burnt away by Pakistan Army. After the war of liberation the plaintiff met Mr. Mohammad Ali, Advocate, to know what steps w..Category: Property Law | Date: 15 Mar, 1990 | Hits: 66
Abdur Rabban (Md) Vs. Aminul Hoque Sowdagar and another, 1990, 19 CLC (AD)
.... For the reasons stated above we do not find any merit in the appeal. The appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 19. ......endant No. 2 in an ejectment suit on false and fraudulent allegations. 4. Defendant No. 1 contended that defendant No. 2 was not a tenant of Sarat Chandra or Subhashini. One Gul Muhammad of West Pakistan came possess the suit land and houses by trespass without the consent of Subhashini in 1984...... For the reasons stated above we do not find any merit in the appeal. The appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 19. ..Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123
Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....n charged. Section 34 of the Penal Code applies in a case where criminal act is done by two or more persons in furtherance of the common intention of all. Whereas section 149 applies in the case of a member of an unlawful assembly when a criminal act is committed by any member of an unlawful assembl......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. ......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
Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)
....e was 19 years old and major. 13. P.W.6 is the victim girl Nasima Begum alias Uma Rani Malakar. In her deposition she described herself as a Muslim, but by birth she was a Hindu. She could not remember the date of her birth. Her deposition was taken on 23.8.88 about two and half years after the......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. ......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. ..Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153
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. ......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. ......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
Ananda and others Vs. State, 1989, 18 CLC (HCD)
....m to inform her uncle, Advocate Rahamatullah. Advocate Rahamatullah informed her mother and father and after receiving information she was recovered. She told them everything but she does not remember if she was kept in the house of Prem Charan and she also does not remember whether she had ......not wanted in connection with any other case. The suo motu Rule for enhancement is discharged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533.......not wanted in connection with any other case. The suo motu Rule for enhancement is discharged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533...Category: Women and Children | Date: 24 May, 1989 | Hits: 143
Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
.... Result: The detention is held to be illegal. The Constitution of Bangladesh, 1972, Article 102 Materials were available to the detaining authority since March 1986, the detenu was a member of the Parliament and attending Sessions and thereafter he left for U.K. He came back on 22.6......ention is illegal and the detenu is being held in custody without any lawful authority…………………(19 & 20) Cases Referred to- Govt. of West Pakistan Vs. Begum Abdul Karim 21 DLR (SC) 1(11); Mir Abdul Baqui Bliuch Vs. Government of Pakistan ......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
Sreemati Parul Kusum Roy Vs. Bangladesh & others, 1987, 16 CLC (HCD)
....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. ......rul Bala died on 09.03.70 at Anowara Upzilla. Thus the petitioner got the entire right in the 8.23 acre of lands which she had been possessing all through by living in Bangladesh and erstwhile East Pakistan and by paying rents up to 1389 B.S. But after that her offer of rents for 1390 B.S. was not......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
.... cogent and reliable evidence. In the case of Ahsan Ali Vs. District Judge, PLD 1969 (SC) 167 (173) the Supreme Court of Pakistan pointed out that "The burden of proving fraud, it must be remembered, is on the party alleging it and that too by clear and convincing evidence, particularly, w......oni having died leaving defendant No.1 as her only heiress she became the owner thereof and got her name duly mutated in S.A. Khatian No.2071/1. Surendra Nath Sen was all along a citizen of erstwhile Pakistan and was never a citizen of India. It was asserted that the property was not an Enemy Proper......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
Mansur Ali Vs. State, 1986, 15 CLC (HCD)
....trial in accordance with law. The appeal is, therefore, disposed of accordingly. Bimalendu Bikash Roy Choudhury J. — I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 184. ......is illegality is liable to be cured under section 537 of the Code of Criminal Procedure. In the case of Md. Mosaddar Hoque and another Vs. The State reported in 10 DLR SC 29, their Lordships of the Pakistan Supreme Court while considering the question of misjoinder of charges has laid down as foll......trial in accordance with law. The appeal is, therefore, disposed of accordingly. Bimalendu Bikash Roy Choudhury J. — I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 184. ..Category: Criminal Law | Date: 13 May, 1986 | Hits: 30
Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)
.... "Notwithstanding anything contained in the Muslim Family Laws Ordinance, 1961 (Order VIII of 1961) and the consulation orders 1961 (Orders XLVI of 1961) the function of the Chairman or any members or Local Council under any of the said Ordinance shall be performed by such person or person......s reasons for the decision, and any party may, in the prescribed manner within the prescribed period and on payment of the prescribed fee, prefer an application for revision, in the case of West Pakistan to the Collector, in the case of East Pakistan, to the Sub-Divisional Officer concerned and......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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