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Mahbubul Alam Chowdhury and others Vs. Chaman Ara Begum and others, 1991, 20 CLC (AD)
.... all the above reasons we do not find any merit in the appeal which is dismissed without however any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121 ......ip deed on stamped paper was executed by both and the copy was submitted in the Income‑tax office at Chittagong for the assessment of income tax along with a copy thereof. The defendant No. 1 deceitfully took back the original deed from the Income-tax office and kept the same in hiding. The said o...... was dissolved mutually and the existence thereof has become extinct". 3. Defendant No.1 totally denied the partnership in his written statement and claimed that the plaintiff was a paid Manager under him on a monthly salary of Tk. 100.00 and that taking advantage of his frequent absence f..Category: Civil Law | Date: 14 Aug, 1990 | Hits: 121
State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)
....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. ......blished principle of law is that the evidence of witnesses cannot be disbelieved on the sole ground that they are related to the parties. The approach made by the Sessions Judge, it will be seen, was fully in accord with the established principle regarding the appreciation of evidence. He goes on to......re charged under section 302/34 and 201 of the Penal Code and the other accused (since acquitted) were charged only under section 201 Penal Code. 3. One Abdul Hakim Talukder, a residence of village Jainkathi, PS Patuakhali, was alleged to have been murdered by the respondents which gave rise t..Category: Criminal Law | Date: 9 Aug, 1990 | Hits: 50
Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan (Md) & others, 1990, 19 CLC (AD)
.... In the result, all the appeals are allowed without, however, any cost, and the impugned order of the High Court Division is set aside. Ed. This Case is also Reported in: 43 DLR (AD) 154. ...... In the result, all the appeals are allowed without, however, any cost, and the impugned order of the High Court Division is set aside. Ed. This Case is also Reported in: 43 DLR (AD) 154. ...... High Court Division held that the respondents were permanent employees of the Corporation having put in several years of service, and as such, they had a right to continue in their service till the, age of superannuation at 57, and that for termination of their services reasons should have been ass..Category: Employment/Service Law | Date: 8 Aug, 1990 | Hits: 101
Abdul Hai Sikder and another Vs. State, 1990, 19 CLC (AD)
.... fullness and completeness are enough to justify the conviction. We find no merit in this appeal. Hence the appeal is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) 95. ....... 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 o......a at the trial is that on 21.11.82 at about 5-30 PM he and his deceased cousin Abdul Aziz found a cattle belonging to accused Shamsuddin damaging their kalai and paddy. The same cattle had earlier damaged their harvest and accused Sharnsuddin did not pay heed to the Salish that followed. Accordingly..Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 91
Abul Kashem and others Vs. The State, 1990, 19 CLC (AD)
....lowed. The appellants shall appear before the Sessions Judge, Bhola and till then the bail granted by this Court will continue. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 77. ......itional Sessions Judge and not to an Assistant Sessions Judge who is deemed to be appointed as an Additional Sessions Judge for some limited purposes. 4. The following reference was made to the full Bench: "Where an Assistant Sessions Judge deemed to be appointed as an Additional Se......lowed. The appellants shall appear before the Sessions Judge, Bhola and till then the bail granted by this Court will continue. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 77. ..Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 51
Attor Mia and another Vs. Mst. Mahmuda Khaton Chowdhury and others, 1990, 19 CLC (AD)
....s own. Hence the appeal is allowed and remanded to the High Court Division for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ......condly, the Trial Court has not assessed the evidence of PWs in the light of the allegation that PW 2 did not inform P.W.1 about the sale. Thirdly, the Courts below did not consider whether there was full performance of formalities in that there is no finding that appellant No. 1 expressed his readi......s own. Hence the appeal is allowed and remanded to the High Court Division for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ..Category: Property Law | Date: 22 Jul, 1990 | Hits: 43
Idris Ali Bhuiyan Vs. Enamul Haque and another, 1990, 19 CLC (AD)
....d that can at times also be exercised to do full and effective justice in a case. Hence, the review petitions are dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 12. ...... comes up for consideration is, under what circumstances this Division can review its own judgment and order once the same has been disposed of on fact and law as well. 12. This case having been fully argued before us, this Division by its judgment dated 19.4.90 found on consideration of the ma......he face of the record or that the attention of this court was not drawn to any particular statutory provision of law for which an error has crept in the judgment. It will be profitable to quote a passage from a leave petition in the case of Sow Chandra Kanta and another Vs. Sheik Habib reported in A..Category: Property Law | Date: 17 Jul, 1990 | Hits: 30
Sher Ali Amir Ali Virjee Vs. Eastern Industries (Bangladesh) Ltd. and others, 1990, 19 CLC (HCD)
....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. ......ndent No.1 namely, Eastern Industries (Bangladesh) Ltd. The respondent No.1 is a private limited company. Respondent Nos. 2 and 3 are the founder Directors of the company. Respondent Nos. 2 and 3 are full brothers and the petitioner is the son of the respondent No.3 and nephew of the respondent No.2......e of business of the company he signed several blank documents. He also admitted that he executed General Power of Attorney and appointed his son namely, the petitioner, as his attorney to act and manage the affairs of the respondent company. While he remained outside Bangladesh his son on his behal..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....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. ......nd was correctly shown in the Annual Returns of that year. The respondent retained a small number of shares, that is, the balance-1817 shares only-in his name; nevertheless he was allowed to draw his full remuneration as a Director. It was contended that after returning from India in 1977 the respon...... case. Cases Referred to- Thiru John Vs. Subramanyan, AIR 1977 SC 1724; Ramji Kumar Vs. Chouduri Nar Pal Sing, 34 IA‑27; Nur Mohd. Mallik Vs. Sudhir K. Biswas, 17 DLR 15 AIR 1966 (SC), pages 405 and 605; Madhap Ram Chandra Vs. Canara Banking Corporation, AIR 1941 (Mad) 354; New Citizen..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
AH Shamsuddin Ahmed Vs. Begum Arafat & others, 1990, 19 CLC (HCD)
..... In the result, the Rule is discharged. However, there will be no costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 52. ......ed of gift executed in favour of the defendant was void for want of delivery of possession to the defendant. It appears on perusal of the judgment of the Courts below that the learned Judges very carefully examined the evidence of possession. It appears that the Appellate Court observed: &ldquo......to Dhaka and executed a deed of gift in favour of her relation, the defendant‑petitioner AH Shamsuddin Ahmed to 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 ..Category: Property Law | Date: 22 May, 1990 | Hits: 111
Aga Kohinoor Alam Vs. State and another, 1990, 19 CLC (HCD)
.... said to be without any basis nor the said proceeding can be held to be liable to be quashed. The Rule is accordingly discharged. Ed. This Case is also Reported in: 43 DLR (1991) 95. ......mely, Janata Bank he constructed a two‑storied house and then contracted to sell the said house to Mustaque Hossain Mahmud for an amount of Taka 12 lakhs and after receiving the amount he delivered full possession of the said land to the said Mustaque Hossain Mahmud. As the kabala could not be exe...... said to be without any basis nor the said proceeding can be held to be liable to be quashed. The Rule is accordingly discharged. Ed. This Case is also Reported in: 43 DLR (1991) 95. ..Category: Criminal Law | Date: 13 May, 1990 | Hits: 73
Kanak Mala Vs. Md. Safiuddin & others, 1990, 19 CLC (HCD)
....ly set aside and the suit is dismissed. In the result, the Rule is made absolute as indicated above without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 38. ......n made in the plaint and contending, inter alia, that she was the wife of late Afazuddin and her husband was a tenant in respect of the suit premises and he constructed semi pucca structures with the full knowledge of the plaintiff at his own cost; that the husband of the defendant set up a factory ......ly set aside and the suit is dismissed. In the result, the Rule is made absolute as indicated above without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 38. ..Category: Property Law | Date: 5 Apr, 1990 | Hits: 74
Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....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. ......st appellants will not depose falsely. He denied the suggestion that no such occurrence took place on the pathway. 13. P.W.5 Kalachand Gazi has stated in his evidence that victim‑Rafiq was his full cousin brother and that appellants are also his relations. He asserts in his evidence that at t...... to the order being passed by Ramizuddin saying, "শালাকে শেষ করে ফেল যত টাকা লাগে আমি দিব।” PW 4 Ansar Ali has used the language alleged to have been used by other PWs, But most glaring feature regarding the order alleged to ..Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65
Azima Begum Vs. Yusuf Khan (Md) and others, 1990, 19 CLC (AD)
....and the parties will be at liberty to take such steps as advised for hearing of the Rule. The appeal is, therefore, allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 53. ......and the parties will be at liberty to take such steps as advised for hearing of the Rule. The appeal is, therefore, allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 53. ......hat she had given birth to a female child barely 5 months ago and that it would be injurious to the health of the baby and the appellant both to be placed under any type of custody at that critical stage. The High Court Division ought to have appreciated that in such circumstances the operation of t..Category: Criminal Law | Date: 14 Feb, 1990 | Hits: 58
Momin Miah & another Vs. Moinuddin Hossain & another, 1989, 18 CLC (AD)
....ty in dispute, that is, item No.1 of Schedule 'B' of the Compromise petition (as in T.S. No.319 of 1986). No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 175 ......llowed. The Code of Civil Procedure, 1908 (V of 1908) Order XXXIX, rule I The judgement debtor entered into a contract to sell the mortgaged land for satisfaction of the decretal amount but full requirement has not been met. The bank was not a party to the agreement. The outstanding amount...... December 4, 1989. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908) Order XXXIX, rule I The judgement debtor entered into a contract to sell the mortgaged land for satisfaction of the decretal amount but full requirement has not been met. The bank wa..Category: Contract Law | Date: 4 Dec, 1989 | Hits: 222
Moynul Hasan and others Vs. Nazmul Haq @ Nazmul Hasan and others, 1989, 18 CLC (HCD)
.... impugned order of the learned Subordinate Judge. In the result, the Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 82. ......Civil Procedure. The parties herein are heirs and descendents of late Shamsul Huq who died leaving a substantive amount of immovable property. 2. The petitioners and the opposite party No. 1 are full brothers born of the womb of the opposite party No. 2 Jamila Khatoon. 3. The petitioners a...... impugned order of the learned Subordinate Judge. In the result, the Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 82. ..Category: Limitation Law | Date: 28 Nov, 1989 | Hits: 219
Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)
....tend to ten years and shall also be liable to fine." Section 4(b) of the Cruelly to Women (Deterrent Punishment) Ordinance, 1983 runs as follows:- "4. Penalty for kidnapping or abduction of a woman for unlawful and immoral purposes, etc.- Whoever kidnaps or abducts any woman of any age. (......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. ......the victim girl. He lodged First Information Report in Kaliakoir Police Station on 20.2.86 alleging, inter alia, that in the night following 15.2.86 at about 3/3-30 A.M. his daughter Uma Rani Malakar aged about 12/13 years went out of the room in order to answer the call of nature. As she was not re..Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153
Manindra Kumar Malakar Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....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. ......nd the girl will be treated as major and she will be allowed to go anywhere she likes. The decision in Jahanara Begum alias Joisna Rani Saha and another Vs. The State, 15 DLR (Dhaka) 148 has got full application in the facts and circumstances of this case. ............(18) For the purpose ......st 14, 1989. Result: This Rule is discharged. In the present case it has been categorically found by the Special Tribunal that at the time of occurrence that is in 1986 the detenu was aged in between 16 and 17 years. Since the Tribunal found her age in between 16 to 17 years at the r..Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104
Ziaul Hoque Vs. Election Commission, 1990, 19 CLC (HCD)
.... 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. ...... 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. ...... Judgment May 30, 1990. Result: The Rule is discharged. Delimitation of the area of the upazillas in question can not affect the petitioner who is not resident of any of the villages taken away by the Government by an impugned notification. The residents of the villages in ques..Category: Election Law | Date: 14 Jun, 1989 | Hits: 98
AK Banik & Khokan Kumar Saha Vs. M. Karim & another, 1989, 18 CLC (HCD)
....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. ......, Dhaka on 6.4.89. In spite of the receipt of the order of release the contemner No.1 and the contemner No.2 Mr. Mosharraf Hossain, Deputy Jailor (Detention Branch), Dhaka Central Jail, Dhaka wilfully and intentionally did not release the detenu. Hence the application for drawing up 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
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