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Sonwar (Md.) Vs. Kamal Kha, 1992, 21 CLC (HCD)
....Transfer of Property Act on 16.8.1984 asking the opposite part to vacate the suit premises on the expiry of 30th September, 1984. The said notice was duly served upon the opposite party by registered post on 18.8.84. In spite of receipt of the notice, the opposite party did not vacate the suit premi......te parties without costs. The petitioner does get khas possession of the suit premises by evicting the opposite party therefrom. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 346 ......te parties without costs. The petitioner does get khas possession of the suit premises by evicting the opposite party therefrom. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 346 ......te parties without costs. The petitioner does get khas possession of the suit premises by evicting the opposite party therefrom. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 346 ..Category: Property Law, Tenancy Law | Date: 6 Jan, 1992 | Hits: 3
BD Sangbadpalra Parishad (BSP) Vs. Government of the People's Repub. of BD, 1991, 20 CLC (AD)
....rsonal interest in the subject matter. We, therefore, find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991)126. ......n and deprived section of the community unable to spend money to establish its fundamental rights and enforce its constitutional remedies. It is not acting pro bono publico but in the interest of its members. If the petitioner is refused entry on the threshold point, that will not be the end of the ......itself. Cases Referred To: Bar Council of Maharashtra Vs. M V Dabholkar, AIR 975 (SC) 2092; The Bar Council of Maharashtra Vs. MV Dabholkar, AIR 1976 (SC) 242; Fertilizer Corporation Kamgar Union Vs. Union of India and others, AIR 1981 (SC) 344; S.P. Gupta and others Vs. President of India......vision Judgment, here. Supreme Court Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustata Kamal J Latifur Rahman J Bangladesh Sangbadpatra Parishad (BSP) represented by its Secretary General Anwarul Islam........ Petitioner Vs. T..Category: Constitutional Law | Date: 15 Jul, 1991 | Hits: 251
....nt No.4) shall put the fishery in question in public auction on 1st or 2nd Baisakh, 1399 BS or within a week from 1st Baisakh, 1399 BS.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 1.
....... represented by its President Md. Alimuzzaman is, that it is a registered co‑operative society having registrative No.1527 dated 21.8.72 under the Co‑operative Society Act, 1940 consisting of 43 members who are all fishermen earning their livelihood from fishing. The petitioner society being th......mber‑1, Land Appeal Board, Dhaka, No.3, Additional Commissioner, Dhaka Division, Dhaka, No.4 Additional Deputy Commissioner (Revenue), Madaripur and No.5, Nikhil Chandra Malo, Secretary, Kabirajpur Union Matsyajibi Samabaya Samity Ltd. of Kabirajpur, Upazila Bajair, District Madaripur to show caus......mo No.8‑80/84‑458(139) dated 15.10.89 (printed at pages 294‑297 of the Land Administration Manual); that the District and Upazila Co‑operative Officer as well as Chairman of the Local Upazila Parishad had duly certified that the petitioner is a duly registered co‑operative society of genui..
Category: Property Law | Date: 30 May, 1991 | Hits: 85
Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)
.... 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. ......s of age. Victim Sumati Begum was also examined by a Board consisting of three professors of Osmani Medical College, Sylhet. The victim girl refused to be examined by the professor of Gynae who was a member of the Board. Since the victim girl refused to be examined by the professor of Gynae the boar...... 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. ...... 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
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
....ontroller that an arbitration proceeding commences only on the arbitrator getting the authority to arbitrate and according to that view the applicability of section 41 of the Arbitration Act would be postponed till the court appoints an arbitrator under section 20 of the Act and the court after cons...... and up 50% about (ii) 25 mm to 49 mn = 40% about and (iii) 0‑25 mm‑10% about. Clause 13 provided that before shipment of coal, there would be on the spot pre‑shipment inspection of coal by 2/3 members of the purchase committee of the coal. On arrival of each consignment at unloading point vis...... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ...... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)
....ok forcible possession of the Mill of the Company and compelled the petitioner to write some letters and to sign an agreement dated 13.10.86 admitting liability of Tk. 142,97,000/00 and obtained some post‑dated cheques and a pay order by coercive method and undue influence for unlocking the Mill. ......tension by Annexure 'C' dated 24.2.97 and 23.5.97 respectively to the petition are declared to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ......tension by Annexure 'C' dated 24.2.97 and 23.5.97 respectively to the petition are declared to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ......tension by Annexure 'C' dated 24.2.97 and 23.5.97 respectively to the petition are declared to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ..Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184
State Vs. Md. Shafiqul Islam alias Rafique and another, 1990, 19 CLC (AD)
....with the local Police Station giving a false information that Meher committed suicide the police came to the spot and held inquest on the dead body of Meher and forwarded the same to Pabna Morgue for post-mortem examination. P.W.1 went to the Police Station on 22nd March, 1982 for lodging informatio......espondent No. 1 is directed to surrender to his hail bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ......espondent No. 1 is directed to surrender to his hail bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ......espondent No. 1 is directed to surrender to his hail bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ..Category: Criminal Law | Date: 12 Dec, 1990 | Hits: 104
Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)
.... Judgment November 27, 1990. Result: The appeal is allowed. Constitution of Bangladesh, 1972; Article 135 Whether the impugn reversion to the respondent's substantive post after his acting in a higher post can be termed a reduction in rank. The post of an IPO i......se, that is, if the cadre stood abolished at the date of the judgment, the decision of the Court would have, in all probability, been different. If the implications of Ismail Hossain's case are remembered, that is to say, if the cadre is temporary the appointment would also be temporary but not ......angladesh & ors. 31 DLR 21; Govt. of Bangladesh Vs. Md. Ismail Hossain 31 DLR (AD) 127; Hartwell Prescott Singh Vs. The Uttar Pradesh Govt. & ors. AIR 1953 (SC) 886; Parshotam Lal Dhingra Vs. Union of India PLD 1958 (SC) 217; Abdul Majid Sheikh Vs. Mushaffe Ahmed & another 17 DLR (SC) 63......k is to avoid a clutter which cannot be used as a sorting device for ascertaining facts at the last court of the country. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 144. ..Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112
The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)
....orily proved by P.Ws.2 to 4 and others, and there is also no dispute about it. P.W.12, Inspector of Police, deposed that he recovered the dead body of the Chairman and P.W.14, Assistant Surgeon, held post mortem examination thereon, identified by PW 5 and others and gave evidence that the death of d......ns recognised four of the miscreants, such as, accused Akbar, Ashraf, Abul Khair and Abdul Matin in the moon‑light. The Chairman could not be traced out during the night. The matter was reported to members of the Chairman's family immediately and on the following day a nephew of the Chainman (...... Sessions Judge, Pabna, under sections 302/34 Penal Code and sentenced to transportation for life. 2. Prosecution case arises from an incident in which Mofizuddin (deceased) Chairman of Majpara Union Parishad; PS Atghoria was killed in a brutal manner. On the relevant day, 5 September 1976 the......ons Judge, Pabna, under sections 302/34 Penal Code and sentenced to transportation for life. 2. Prosecution case arises from an incident in which Mofizuddin (deceased) Chairman of Majpara Union Parishad; PS Atghoria was killed in a brutal manner. On the relevant day, 5 September 1976 the Chair..Category: Criminal Law | Date: 14 Nov, 1990 | Hits: 88
Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....ment have been made and/or passed without any lawful authority and are of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 12.......shad from before liberation of Bangladesh and the said tenant continued in possession till June, 1973. Subsequently, by and under an agreement of lease executed in June, 1973 between Mr. K A Dewan, a member of National Board of Revenue (NBR) and Mr. Nasiruddin the house was leased out to Mr. KA Dewa......ment have been made and/or passed without any lawful authority and are of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 12.......ment have been made and/or passed without any lawful authority and are of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 12...Category: Property Law | Date: 5 Nov, 1990 | Hits: 95
Kazi Mobarak Ali Vs. Mohammad Yeasin Mazumder and others, 1990, 19 CLC (AD)
.... on a different ground, as stated above. In the result, the appeal is dismissed without, however, any cost. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 60. ......in the Village Court No. 6 of Jagannathpur Union Parishad against the respondents claiming damage for destruction of his Aush crop. The Village Court was apparently constituted with the required five members including two representatives of each of the two parties and the Chairman. The respondents h......the said Ordinance has made a unanimous decision final. Facts leading to this question are given below. 2. The appellant had filed Case No. 12 of 1980 in the Village Court No. 6 of Jagannathpur Union Parishad against the respondents claiming damage for destruction of his Aush crop. The Village......id Ordinance has made a unanimous decision final. Facts leading to this question are given below. 2. The appellant had filed Case No. 12 of 1980 in the Village Court No. 6 of Jagannathpur Union Parishad against the respondents claiming damage for destruction of his Aush crop. The Village Court..Category: Others | Date: 29 Aug, 1990 | Hits: 115
MD, Bangladesh Machine Tools Factory Ltd Vs. Chairman, 2nd Labour Court & anr, 1990, 19 CLC (AD)
....on. It was not a case of no evidence at all. The petition is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) 272 This Case is also Reported in: 44 DLR (AD) (1992) 272. ......on. It was not a case of no evidence at all. The petition is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) 272 This Case is also Reported in: 44 DLR (AD) (1992) 272. ......rers of the union of which respondent No. 2 was said to be the General Secretary was held since its registration within the prescribed period of 1 (one) year as required under the Constitution of the Union and that the office‑bearers including respondent No. 2 became functus officio from November,......on. It was not a case of no evidence at all. The petition is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) 272 This Case is also Reported in: 44 DLR (AD) (1992) 272. ..Category: Labour and Industrial Law | Date: 16 Aug, 1990 | Hits: 168
Abul Kashem @ Kashem Vs. State, 1990, 19 CLC (HCD)
....ant Sessions Judge and Special Tribunal, Narayanganj in Special Tribunal Case No. 1 of 1987. 2. The prosecution case as given by informant Mahibul Islam constable No. 605 at Tan Bazar Police out‑post is that on 8.10.86 he along with constable No. 769 Md. Shamsul Alam (PW 2) and others went out ......unal is hereby set aside. The accused appellant is acquitted of the charge brought against him. He should be discharged from the bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 420. ......unal is hereby set aside. The accused appellant is acquitted of the charge brought against him. He should be discharged from the bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 420. ......unal is hereby set aside. The accused appellant is acquitted of the charge brought against him. He should be discharged from the bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 420. ..Category: Women and Children | Date: 15 Aug, 1990 | Hits: 99
State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)
.... came to the locality and took up investigation of the case. He held inquest on the dead body of Abdul Hakim on the identification of the informant and others and sent the dead body to Patuakhali for post mortem examination through constable P.W.14. On completion of investigation P.W.15 submitted ch......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...... 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 sitting chairman Ishaque...... 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 sitting chairman Ishaque Mia a..Category: Criminal Law | Date: 9 Aug, 1990 | Hits: 50
Abdul Hai Sikder and another Vs. State, 1990, 19 CLC (AD)
.... prosecution witnesses were official witnesses. Out of 14 local witnesses only 4 witnesses were examined by the prosecution of whom P.Ws. 2, 3 and 5 were declared hostile. PW 4 is the doctor who held post-mortem examination on the dead body of the deceased Abdul Aziz. He found one punctured wound 1&...... 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. ...... 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. ...... 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. ..Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 91
Abdur Rouf Miah Vs. Fazlur Rahman and others, 1990, 19 CLC (AD)
....parties. In the course of re‑counting, some ballot papers in respect of 4 Centres were found missing. The pertinent question is who had done it and when? According to the elected candidate it was a post‑election mischief at the instance of the defeated candidate or candidates. This is a question......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. ......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. ...............................Petitioner Vs. Fazlur Rahman and others..............Respondents Judgment June 27, 1990. Result: The petition is dismissed. The Upazila Parishad (Election) Rules, 1983, rules 38-41 Whether Election Commission can direct re-poll in ..Category: Election Law | Date: 27 Jun, 1990 | Hits: 139
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. ...... 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. ......g the delay in filling the appeal under section 5 of the Limitation Act. 9. The material fact of this appeal is that, the appellant was declared elected as Chairman in the Election of Siddirganj Union Parishad held on 10.2.88. Respondent No.1 challenged the aforesaid election by filing an elect......delay in filling the appeal under section 5 of the Limitation Act. 9. The material fact of this appeal is that, the appellant was declared elected as Chairman in the Election of Siddirganj Union Parishad held on 10.2.88. Respondent No.1 challenged the aforesaid election by filing an election pe..Category: Limitation Law | Date: 25 Jun, 1990 | Hits: 176
.... secondment from the Government of Bangladesh to the Bangladesh Agricultural Research Council were determined paragraph 18 of this circular provides that this order will be effective from the date of posting of these officials to the Bangladesh Agricultural Research Council. On the basis of Paragrap......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 ......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.
......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)
....I which shows Amir Ali Virjee retired from Directorship of the company on 20.3.86 and some new Directors have been appointed on 19.3.86. It was alleged that no annual general meeting was held nor the post of any new director was created nor any Extraordinary Meeting of the company had been held sinc......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......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. ......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
Atiqur Rahman Vs. AKM Fazlul Hoque, 1990, 19 CLC (HCD)
....nd 27 DLR (AD) 29 cited. In the first case under reference three categories of case have been mentioned where the court can quash a pending legal proceeding (1) Where the facts alleged are so preposterous that they cannot from the basis of any prima facie case; (2) the cases where there is a le......ni. In the result, the Rule is discharged and stay granted by this Court earlier is vacated. Sent down the records at once. Ed. This Case is also Reported in: 43 DLR (1991) 49. ......ni. In the result, the Rule is discharged and stay granted by this Court earlier is vacated. Sent down the records at once. Ed. This Case is also Reported in: 43 DLR (1991) 49. ......ni. In the result, the Rule is discharged and stay granted by this Court earlier is vacated. Sent down the records at once. Ed. This Case is also Reported in: 43 DLR (1991) 49. ..Category: Fiscal/Taxation Law | Date: 11 Jun, 1990 | Hits: 80
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