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Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
.... 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ......ers are in possession of the land as regard which the plaintiff seeking a decree for specific performance of contract, that plaintiff has created the deed by false personation, that during the lifetime of Abdur Rashid plaintiff did not disclose about the deed, that defendants for the first time ......tted by the plaintiff, that prior to the execution of the deed Abdur Rashid became ill and there is no independent and disinterested witness to establish that he recovered from illness and on such recovery he executed the deed. It is the case of the plaintiff that two days after the execution of......nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ..Category: Property Law | Date: | Hits: 26
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ......e Ordinance. From the provisions of sections 10, 11 and 13 of the Ordinance it is seen that there is no scope for the Commission while it goes for preparation of fresh voter list with the lapse of time between the parliament election held earlier and the period fixed for finalisation of the vote......on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ......on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ..Category: Election Law | Date: | Hits: 159
Ashequr Rahman (Md) Vs. Bangladesh Agricultural Research Institute, 2006, 35 CLC (AD)
....was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......ted direction to appear before the Medical Board of Barisal Medical College for examination of his health but he refrained from appearing before the Medical Board. The appellant was allowed 10 days time to submit his reply to the allegations in the show cause notice and that was also directed to...... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ...... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 92
Aynul Sheikh and others Vs. State, 2006, 35 CLC (AD)
.... suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ......ree) years more. 6. All the three convicts unsuccessfully preferred Criminal Appeal No. 2180 of 1997 before the High Court Division. Hence are these appeals. It may be mentioned that at the time of hearing the leave petition, the petition, so far as it relates to convict Aynul Sheikh, wa......Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ......Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ..Category: Criminal Law | Date: | Hits: 42
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
....-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ......e effect that since the said two concerns belonged to the Company and the assets and liabilities of the said two concerns could not be separated, it was necessary to obtain bids for the whole at a time and the date of submission of bid was extended upto 12th June, 1976. That the proforma-defenda...... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ...... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
.... disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ......cle 100. These were the very areas where the Benches were functioning during the Martial Law period and the Chief Justice was authorised to frame rules and nominate the judges to these benches from time to time and on such nomination the Judges "shall be deemed to have been transferred." The Chief......Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ......Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ..Category: Constitutional Law | Date: | Hits: 1934
Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
....cused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157......he northern room of the south facing building. The informant was sleeping in the northern facing pucca building. He heard hue and cry from the room of his parents and he rushed to their room. At that time he saw accused Mizazul Islam @ Dablu (condemned prisoner) and another person were running away ......ch is found to be padded with embellishments the only one consideration for the court is to see whether there are tangible evidence connecting the accused with the crime. Since we have found that the recovery of the sandal and the dagger have not been proved beyond all reasonable double, the prosecu...... High Court Division is set aside. Conviction and sentence of accused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157..Category: Criminal Law | Date: | Hits: 159
Md. Badruddin Moral and others Vs. Santosh Kumar Sen and others, 1989, 18 CLC (AD)
....nd it will be disposed of in accordance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ......drawing the suit with liberty to bring a fresh suit on the ground that there were defects in the schedule and parties and other formal defects in the plaint due to incorrect description given at the time of the drafting of the plaint and that the plaintiffs would suffer for such defects. The prayer......he suit they may do so and it will be disposed of in accordance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ......he suit they may do so and it will be disposed of in accordance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ..Category: Procedural Law | Date: | Hits: 110
Abul Kashem and others Vs. State, 1989, 18 CLC (AD)
....e acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152......enmity with Monoranjan Kuri and the other accused. 11. Post-mortem examination on the dead body of Halima Khatun was held by P.W.I, who was Sub-Divisional Medical Officer, Feni, at the relevant time. He found 8 incised wounds, severe in nature, on different parts of the body, such as head, n...... 24.9.82? 9. The other witnesses in this case, such as P.Ws.3,5,6 and 7 have deposed as to what they had heard from P.W.2 about half an hour after the occurrence and thereafter from P.W.4 on his recovery. If the evidence of P.Ws.2 and 4 is accepted as true, then only the evidence of these witne......nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152..Category: Criminal Law | Date: | Hits: 57
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
.... Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147......ring 1.20 acre consists of two equal parts, the northern one having been purchased by him and the southern one by Bazlur Rahman; he has deposed that he had also grown Irri paddy at about the same time in his northern part and he had harvested his paddy 2 or 3 days before this incident. It appear......and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147......and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147..Category: Criminal Law | Date: | Hits: 49
Bangladesh House Building Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
....for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......well settled that a mortgagee, in the absence of any contract to the contrary, is entitled to treat the interest due under a mortgage as a charge upon the mortgage property, and the mortgagor, at the time of redemption, is bound to pay the interest also, and not the principal debt alone. Clause 3 in......here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ..Category: Property Law | Date: | Hits: 41
Syed Nizamuddin Mohsin Vs. People's Republic of Bangladesh, 1989, 18 CLC (AD)
....aised in this case is in the affirmative. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ...... 86. (1)...................................................................................................................... (2) Notwithstanding anything contained in any other law for the time being in force, the right, title and interest of the tenant or his successors-in-interest sha......answer to the question raised in this case is in the affirmative. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ......answer to the question raised in this case is in the affirmative. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ..Category: Property Law | Date: | Hits: 42
Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)
.... are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135......ossession of the premises on expiration of the period of the tenancy on 31.12.83 is not unauthorised, for the landlord consented to this possession, but on a condition for the fulfillment of which no time was set by him. The appellant is not holding over within the meaning of s. 116 T.P. Act nor is ...... by s.18 of the Ordinance. Sub-section (1) of s.18 provides: "Notwithstanding anything contained in the Transfer of Property Act, 1882, or the Contract Act, 1872, no order or decree for the recovery of possession of any premises shall be made as long as the tenant pays rent to the full e...... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135..Category: Property Law | Date: | Hits: 45
Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
....wful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131......984 was written by the reporting officer on 26.2.85 and the Chief Engineer again made adverse remarks on 10.3.85. It appears to be a coincidence that the ACR of 1984 came to be written at about the time when the meeting of the selection board was in progress. The Chief Engineer obviously held po......egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131......egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131..Category: Employment/Service Law | Date: | Hits: 89
Samiruddin Ahmed alias Samir Mia alias Md. Samiruddin Vs. State, 1987, 16 CLC (AD)
....ers of conviction and sentence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ......W.1) and even by her brother Abdul Majid (P.W.5). Prosecution has not brought any material on record to show that Abdul Majid took any steps against the injunction order or that it was vacated at any time before the alleged date of occurrence i.e. 22.12.82. It has not been disputed before us that th......lowed. The impugned orders of conviction and sentence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ......lowed. The impugned orders of conviction and sentence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ..Category: Criminal Law | Date: | Hits: 59
Abdul Hakim @ Lokman Hakim Vs. State, 1989, 18 CLC (AD)
....eged. 10. In the result, the appeal is dismissed. The judgment and order of the High Court Division are affirmed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 126......a roshid selo.” Abdur Rashid was acquitted by the trial Court. The two D.Ws. consistently deposed that the said accused was on duty at the magazine guard room of the Joypurhat Sugar Mills at the time of alleged occurrence. The trial Court's acceptance of Abdur Rashid's plea of alibi will not-......ission of the offence alleged. 10. In the result, the appeal is dismissed. The judgment and order of the High Court Division are affirmed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 126......ission of the offence alleged. 10. In the result, the appeal is dismissed. The judgment and order of the High Court Division are affirmed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 126..Category: Criminal Law | Date: | Hits: 61
ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)
....me of mere academic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124......11, 1988. The Code of Civil Procedure, 1908 (V of 1908), Order XLI, rule 23 Registration having been made in 1975 it will be resumed that the vendor was physically present in Bangladesh at that time. It will also be presumed that the registration was done under section 60 of the Registration A......aying the appeal has become of mere academic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124......aying the appeal has become of mere academic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124..Category: Property Law | Date: | Hits: 56
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ......al Co-operative Association within the Upazila and (f) one nominated member. The Chairman and the elected members shall be elected by the direct election on the basis of adult franchise; until such time the Chairman enters upon his office the Upazila Nirbahi Officer or .any other person nominated ......rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ......rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ..Category: Election Law | Date: | Hits: 128
Sona Mia Bepari & others Vs. Jamila Khatun & others, 1989, 18 CLC (AD)
....e alleged sale of .02-1/2 decimals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113......endants. It appears from the impugned judgment that the learned Judge rejected this application on the ground that they were not necessary or proper parties by virtue of their purchase. At the same time it was noticed that Sona Miah (appellant No.1) was already on record on his own petition as......vidence in respect of the alleged sale of .02-1/2 decimals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113......vidence in respect of the alleged sale of .02-1/2 decimals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113..Category: Property Law | Date: | Hits: 33
S.M. Shahjahan Ali Tara Vs. State, 1989, 18 CLC (AD)
....l remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112......s when the matter came up for hearing on 12th April, 1987 his local surety filed an application for adjournment on the ground of appellant's illness but the trial court after rejecting the prayer for time held the trial in absentia. It is submitted that the Court erred in not allowing withdrawal of ...... 1987. The appellant will remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112...... 1987. The appellant will remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112..Category: Criminal Law | Date: | Hits: 53
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