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Sona Mia Bepari & others Vs. Jamila Khatun & others, 1989, 18 CLC (AD)
....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......ortion of the land from the donee and the appellant disowning such document and such contention of purchase and denial thereof not being confronted during trial, the appeal is allowed in part and the case remanded to the trial court for re-hearing upon allowing the parties to adduce further evidence..Category: Property Law | Date: | Hits: 33
S.M. Shahjahan Ali Tara Vs. State, 1989, 18 CLC (AD)
.... 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..............................................Respondent Judgment May 9, 1988. The Code of Criminal Procedure, 1898 (V of 1898), section 498 Where there is hardly any chance of abscondence in a case under section 420 of the Penal Code read with section 5(2) of Act II of 1947, and where the ord..Category: Criminal Law | Date: | Hits: 53
Iqbal @ Salim Vs. State, 1989, 18 CLC (AD)
....lant will continue on the bail and realisation of fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 111 ......he appeal; the learned Judges granted him bail on the condition that he should pay the entire amount of the fine in four instalments within the time specified in the Border of bail and warned that in case any of the instalments of the fine was not paid within the specified lime the bail "shall stand..Category: Criminal Law | Date: | Hits: 53
Abdul Jalil Vs. Bangladesh House Building Finance Corporation & another, 1989, 18 CLC (AD)
....im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109......passed by a Division Bench of the High Court Division, Dhaka rejecting the revisional application of the appellant under section 115 of the Code of Civil Procedure summarily. 2. Facts of the case, briefly, are that respondent No. 1 Bangladesh House Building Finance Corporation(hereinaft..Category: Property Law | Date: | Hits: 30
Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)
....ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ......he suit land an enemy and vested property and issued a notice upon the plaintiff asking him to vacate it. In these circumstances, the plaintiff filed the suit for declaration that the Vested Property case was collusive, void and also for a permanent injunction restraining the defendants from distu..Category: Property Law | Date: | Hits: 75
Sanatannessa Bewa Vs. Haipatullah Sarker & others, 1989, 18 CLC (AD)
....The impugned order, therefore, does not call for any interference. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 105..............................................Respondents Judgment July 21, 1987. The Code of Civil Procedure, 1908 (v of 1908), section 104 Before exercising the discretion for restoration of a case, the court takes into consideration whether any useful purpose will be served in allowing the r..Category: Procedural Law | Date: | Hits: 96
Soleman Miah & others Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors, 1989, 18 CLC (AD)
....dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104......il Procedure, 1908 (v of 1908), Order XXI, Rule 29 Stay granted by this court shall continue for four months further. In the mean time the appellants will take steps to get the suit disposed of. In case of the relevant suit being not disposed of for any reason the execution case shall proceed in a..Category: Civil Law | Date: | Hits: 106
Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ......ence of his right. “Secondary evidence e.g. Photostat copy, which is not even proved legally, could not be admissible in evidence”….(12) Secondary evidence of a document is admissible in the cases specifically mentioned in s. 65 of the Evidence Act and if the original is not available, reas..Category: Procedural Law | Date: | Hits: 146
Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)
.... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ......for permanent injunction to restrain the defendants from disturbing their possession. 3. The suit was contested by defendant No. 1 alone denying the material allegations of the plaintiffs. His case, as already referred to, is that Haider Sk. left a daughter named 'Unar Ma' whose heirs transfe..Category: Others | Date: | Hits: 106
Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)
....Court Division and the Appellate Court below. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ...... rights, but the custom must be reasonable and certain." (AIR 1965 Raj. 219). The Easements Act was not applicable throughout India, but even then the principles were taken for deciding the cases on the Act to embody the principle of equity and good conscience. See Shiv Dyal Vs; Ram Das ..Category: Property Law | Date: | Hits: 36
Nazir Ahmed Vs. Bangladesh Election Commission & others, 1988, 17 CLC (AD)
....his appeal is allowed without any order as to cost. The judgment and order of the High Court Division is set aside and writ is recalled. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 87 ......puted question of fact was involved and the learned Judges of the High Court Division themselves have noticed but even then the Rule is made absolute in a highly controversial matter. 5. In this case the Election Commission has directed the acceptance of the result given by the Returning Offi..Category: Election Law | Date: | Hits: 110
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....rting with these cases, we would like to put on record our appreciation for the valuable assistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ......ating to the conduct of elections; (h) the manner in which votes are to be given; (i) the scrutiny and counting of votes, the declaration of the result and the procedure to be followed in case of equality of votes; (j) the custody and disposal of ballot papers and other papers rel..Category: Election Law | Date: | Hits: 165
Executive Engineer, Public Health, Barisal Division Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)
....period of the plaintiffs unauthorised absence from 21.6.75 to 25.4.77. We uphold the appellate Court's order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64......xure-B), and that he was still in service and was entitled to get arrear salary from 1.7.1975. He also prayed for mandatory injunction directing the defendants to allow him to join his service. His case is that he was appointed as a lower division assistant by defendant No.1, the Chief Engineer,..Category: Employment/Service Law | Date: | Hits: 103
Gopal Chandra Shah Vs. The Deputy Commissioner, Sunamganj & another, 1989, 18 CLC (AD)
.... by the Deputy Controller by his order dated 26.2.85. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 60. ......fting his shop to a suitable site as early as possible. For the reasons indicated above, however, the impugned order cannot be legally sustained. For all practical purposes the impugned order, in any case, has lost its force having been kept in abeyance for more than three years. 15. However, it ..Category: Others | Date: | Hits: 125
....ected against any invasion from any quarter. Thwarting this right by creating artificial classification among the people or attaching 'disqualification' for extraneous consideration will cut at the root of the democratic set up of the republic. In this connection I like to refer to two decisions o...... public. What is the expectation? To say it in short formula "if the defaulters are debarred in contesting local elections, how it is the defaulter can contest for the Parliamentary seat?" Take the case of this person, the appellant, he is debarred from contesting from the Union Council's electi..
Category: Election Law | Date: | Hits: 212
Shambhu Nath Saha Vs. Alfazuddin Ahmed & others, 1989, 18 CLC (AD)
....re existed no relationship of landlord and tenant between the parties. The appeal is, accordingly, dismissed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 27......d that the question of attornment was not raised cither in the pleading or in the proceeding at any time. As a matter of fact, the question of attornment does not arise at all because the defendant's case is that he was never a tenant under anybody including the plaintiff’s predecessors. He denied..Category: Others | Date: | Hits: 96
Bangladesh Sericulture Board & another Vs. Md. Fazlur Rahman Akunjee & another, 1989, 18 CLC (AD)
....instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25...... with effect from 3.3.86 and thus there was no scope to keep him in the post of Deputy Secretary by an order of injunction. 6. The learned Judge of the High Court Division upon a reference to some cases observed that the relief of temporary injunction may be granted to the employee of a statuto..Category: Employment/Service Law | Date: | Hits: 89
Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)
....s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8......arly against the added Defendant No.3, the auction purchaser who was impleaded in March 1966 i.e. years after the filing of the suit and 7 years from the time when the cause of action arose in this case that is when the decree was passed. Decree in Money suit No. 5 of 1957 was passed on 14.2.59, s..Category: Banking Law | Date: | Hits: 103
Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)
.... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ......e this suit for declaration of title and khas possession. 3. Defendant—1 Appellant contested the suit by filing a written statement denying all the material allegations made in the plaint. His case, in short, is that the suit property originally belonged to Nabin Chandra Mondal and that he to..Category: Property Law | Date: | Hits: 46
Lal Miah alias Lalu Vs. The State, 1989, 18 CLC (AD)
....igorous imprisonment for 10 (ten) years only. This sentence and the sentence under Section 148 of the Penal Code are to run concurrently. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 1 ......f 1860), sections 302 and 304, Part 1 Injury inflicted upon the victim by the appellant causing death of the victim after eleven days of causing such injury and considering the circumstances of the case and the nature of injury, the appellant cannot be held guilty of murder but he must bear the co..Category: Criminal Law | Date: | Hits: 53
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