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Kazi Abdul Jalil Vs. Jashim Munshi and another, 1990, 19 CLC (AD)
.... The impugned order of the High Court Division is set aside and that of the Sessions Judge is restored. The appeal is allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ......l report on 13 November 1982; the Sub-divisional Magistrate, however, did not accept the report and, by an order dated 24 November 1982, directed further investigation into the case. The Police after holding further investigation submitted charge-sheet against the accused on 11 November 1983 under s..Category: Criminal Law | Date: 6 Aug, 1990 | Hits: 50
....suit is dismissed on contest against the defendant No. 2 and 3 and ex parte against the rest. But there shall not be any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 558.
......nd Md. A Hamid who got title over [he said property by virtue of a deed of Heba Bil Ewaj executed and registered by their father on 20Lh Ashar, 1341 BS (July, 1935). The property in dispute comprises holding Nos. 5 and 6, Machua Bazer, Mymensingh as described in the schedule of the plaint. It is sui..
Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
Abdur Rahman Mondal and others Vs. State, 1990, 19 CLC (AD)
....ellate Court for re‑hearing and disposal on the basis of the existing evidence on record in accordance with law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17. ......separate sentence was passed for their conviction under sections 447/427 of the Penal Code. 3. The prosecution case is that 0.05 acres of land of plot No. 702 of Rajarbag mouza appertaining to holding No. 99/C, Purba Bashabo Dhaka has been in the possession of the informant PW 1 Major AKM Nur..Category: Criminal Law | Date: 23 Jul, 1990 | Hits: 52
Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)
....to the suit land. Mr. Khandker has relied upon the case of Bipradash Pal Choudhury vs. Azam Ostagar, 22 CWN CXVI (Notes) and submits that section 105 of the Bengal Tenancy Act does not apply to non‑agricultural lands situated in mofussil municipality. Giribala could have a transferable and heritab......aintiff-respondent's title to the suit land. It was their case that Giribala Baishnabi was a tenant-at-will and she had no transferable and heritable fight. On the death of Giribala the municipal holding became khas of the Dangapara estate. Thereafter all the transfers by Giribala's successo..Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115
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. ......riod of limitation plaintiff’s subsequent knowledge within the period of limitation is not material. Hence the High Court Division did not commit any error apparent on the face of the record in holding that the suit was barred by limitation to justify review of the same. Case Referred to-..Category: Property Law | Date: 17 Jul, 1990 | Hits: 30
....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)
....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. ......roduction. In a case where a private limited company is a family company it is not at all necessary to produce the script. Here in this case the respondent no 3, brother of respondent no. 2, was holding the aforesaid 1300 shares. It is not at all necessary to produce the same before the respond..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
Shahabullah (Md) Vs. The State, 1990, 19 CLC (AD)
....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. ......e public, in whom such behaviour might be excused or even regarded as fitting, but it cannot possibly be otherwise than harmful to the mentality and judicial capacity of a magistrate or other persons holding judicial office, and it would necessarily be injurious to the position of the judiciary as a..Category: Anti-Corruption Laws | Date: 13 Jun, 1990 | Hits: 119
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. ......7 of 1985). Judgment Shahabuddin Ahmed CJ.- These six appeals by special leave are directed against a common judgment of a Division Bench of the High Court Division, dated 23 April 1986, upholding an order of the Company Judge, dated 28 March 1985, directing rectification of the Share Reg..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
Siddik Ali Vs. Nurun Nessa Khatun and others, 1990, 19 CLC (AD)
....g as to possession of the plaintiff s predecessors has justifiably been interfered with in second appeal. 12. There being no issue in the Courts below whether the lease created by Ext. 3 was for agricultural purpose or whether it was a non‑agricultural tenancy we need not examine in this case......esult: The appeal is allowed. The Transfer Property Act, 1882 (IV of 1882), Section 116 Whether long possession of the tenant alone after expiry of the period of lease will constitute holding over Continuous possession by a tenant with the assent of the landlord creates an impl..Category: Property Law | Date: 28 May, 1990 | Hits: 57
....poll.
In the result, the Rule is discharged and the order of stay granted on 6.5.90 is vacated. There will be no order for costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 29.
......... (3)
The Election Commission has been vested with the power to organise, hold and conduct the election of Chairman in accordance with the law and the rules. When a dispute arises as to fairly holding and conducting election or when due to circumstances its order of recounting is frustrated t..
Category: Election Law | Date: 24 May, 1990 | Hits: 101
Ayesha Khatun (Musammat) Vs. Musammat Jahanara Begum & others, 1990, 19 CLC (AD)
.... per provision of section 96 of the State Acquisition and Tenancy Act. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 9. ......red by limitation and bad for defect of parties, that she purchased the land with the knowledge of the pre‑emptor and, further, that by virtue of a subsequent purchase of another plot from the same holding on 23rd March, 1979 she became a co-sharer of the vendor. 4. The Trial Court allowed th..Category: Property Law | Date: 11 Apr, 1990 | Hits: 47
Sonali Bank Vs. Nurul Kader and another, 1990, 19 CLC (HCD)
....aw. Send a copy of the judgment to the learned District Judge for sending his report to this court as directed. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 21. ...... was further stated that the petitioner also could not trace out the records of the case and file the application in time. The learned Munsif, however, by the irnpugned order rejected the application holding that it was barred by limitation. 5. The learned Advocate for the petitioner submits fi..Category: Civil Law | Date: 5 Apr, 1990 | Hits: 1
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. ...... the present‑petitioner named Afazuddin for eviction from the suit premises contending, inter alia, that defendant is an ordinary ejectable monthly tenant under the plaintiff in respect of the suit holding at a monthly rental of Tk.625/. A deed of monthly tenancy was executed between plaintiff and..Category: Property Law | Date: 5 Apr, 1990 | Hits: 74
MA Razzaque Vs. Bangladesh Election Commission, 1990, 19 CLC (HCD)
....the office of the Chairman of Dewanganj Upazila Parishad. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 16. ......the office of the Chairman of Dewanganj Upazila Parishad. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 16. ..Category: Election Law | Date: 5 Apr, 1990 | Hits: 110
Aftabuddin Fakir Vs. Sowdagar Rabi Das & others, 1990, 19 CLC (HCD)
....ion laid down in Order XLI rule 31 CPC. 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) 42. ......he learned Advocate appearing for the petitioner submits that the learned Munsif misread the evidence on record and arrived at erroneous decision that the learned Munsif committed error in law in not holding that the plaintiff failed to prove their alleged settlement of land. It is further submitted..Category: Civil Law | Date: 29 Mar, 1990 | Hits: 65
M/s. Rising Sun Traders Ltd. Vs. Chittagong Port Authority and another, 1990, 19 CLC (HCD)
.... the impugned Judgment of the learned Subordinate Judge is set aside and the award dated 14.12.1986 is made the Rule of the Court. Ed. This Case is also Reported in: 43 DLR (1991) 1. ......for delay in informing the work under clause 2.55 of the Contract document. 4. The learned Subordinate Judge dismissed the suit and set aside the Award by Judgment and order dated 26.9.1988 holding, inter alia, that the reference was time barred under clause 2.103 of the Contract Agreement..Category: Alternative Dispute Resolution | Date: 28 Mar, 1990 | Hits: 176
Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)
....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. ......respective cases and both the sides filed some documents. The learned Subordinate Judge on consideration of the materials on record decreed the suit by his judgment and decree dated 24.7.80 holding, inter alia that the LTI in Ext. 5 is not the LTI of defendant No. 1 and the statement of th..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. ......if, Satkania against Subhashini Singha with respect to some land unconnected with the suit land and obtained a decree therein on 25.11.58. Having failed to execute the decree by sale of the rent suit holding, Haji Abdus Samad got the rent decree transferred from Satkania Munsif’s Court to the ..Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123
Abdul Momen Bhuiyan Vs. Haji Payez Ali Mia and others, 1990, 19 CLC (HCD)
....us, for the reasons stated above, we do not find any substance in this petition. Accordingly, the petition is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 97. ...... get any fact as to the terms and conditions under which the loan was taken. Thus, only on the circumstances regarding the repayment of loan their Lordships refrained themselves from interfering with holding of the office which was questioned in the form of quo warranto. In our opinion, this decisio..Category: Election Law | Date: 5 Mar, 1990 | Hits: 136
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