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Shahabullah (Md) Vs. The State, 1990, 19 CLC (AD)
....erial particulars, such principle cannot be extended to the evidence of trap witnesses, because the latter cannot be termed as accomplices. With regard to corroboration of trap witnesses no hard and fast rule or guidance can be given. There may be cases where the Court will look for independent......cision was overruled by five judges in the State of Bihar Vs. gaswan Singh AIR 1958 (Sc) 500. It was held that evidence of a trap witness is to be tested in the same way as any other witness and in a proper case the Court may look for independent corroboration before convicting the accused. This vie..Category: Anti-Corruption Laws | Date: 13 Jun, 1990 | Hits: 119
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....e is also Reported in: 43 DLR (AD) (1991) 34. ......gistration of transfer of shares has been laid down in section 34 of the Companies Act. Sub‑section(3) of this section provides that no transfer of shares shall be lawful unless it is effected by a proper instrument of transfer duly stamped and executed by both the transferor and the transferee an..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
....
Fazle Hussain Mohammad Habibur Rahman J
Kazi Ebadul Hoque J
Abdur Rouf Mia................................Petitioner
Vs.
The Ministry of Local Government, Rural Development and Co‑operatives and others .................Respondents
Judgment
May 24, 1990.
Up......tion in connection therewith at Annexure V dated April 19, 1990 to be without lawful authority and of no legal effect or such other or further order or orders passed as to this Court may seem fit and proper".
2. In this case election of Chairman, Gaibandha Sadar Upazila Parishad was held o..
Category: Election Law | Date: 24 May, 1990 | Hits: 101
Sonali Bank Vs. Nurul Kader and another, 1990, 19 CLC (HCD)
....onali Bank………………………………………………….Petitioner Vs. Nurul Kader and another……………………………&......as been held: "There is no provision in the rules of the High Court for re‑admission of the appeal dismissed under its rules, the High Court is not powerless to grant relief sought for in proper circumstances and can do so in the exercise of its inherent powers under section 151 of the C..Category: Civil Law | Date: 5 Apr, 1990 | Hits: 1
M/s. Rising Sun Traders Ltd. Vs. Chittagong Port Authority and another, 1990, 19 CLC (HCD)
....iction) Present: Muhammad Sohrab Ali J Md. Badruzzaman J M/s. Rising Sun Traders Ltd.............................................Appellants Vs. Chittagong Port Authority and another..............................Respondents Judgment March 28, 1990. Result:......r courts have always expressed opinions in favour of non‑interference unless the findings are perverse causing injustice or the Arbitrator has misconducted himself or the proceedings or the award improperly procured or it was otherwise invalid. In the instant case the Port Authority had chosen not..Category: Alternative Dispute Resolution | Date: 28 Mar, 1990 | Hits: 176
Zahura Khatun and others Vs. Rokeya Khatun and others, 1991, 20 CLC (AD)
....991) 98. ......ded that the defect in the notice was a mere irregularity which can be corrected by extending the period of notice. In other words, there is a defect in the notice. We do not think that it is fit and proper to allow the landlord-appellants to reap the benefit of an entirely different argument at thi..Category: Tenancy Law | Date: 25 Mar, 1990 | Hits: 124
Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)
....ivision (Appellate Jurisdiction) Present: Md. Ismailuddin Sarker J Muhammad Ansar Ali J Sheikh Salimuddin................................Appellant Vs. Ataur Rahman and others........................Respondents Judgment March 15, 1990. Result: T......e plaintiff appeared in that suit and 16.5.73 was fixed for filing written statement. Thereafter there was talk for compromise and in that suit defendant No.1 admitted to have agreed to sell the suit property to the present plaintiff and he also admitted delivery of possession of the suit property i..Category: Property Law | Date: 15 Mar, 1990 | Hits: 66
Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)
....l Revisional Jurisdiction) Present: FHMH Rahman J Mohammad Ismailuddin Sarker J Meher Ali....................................................Appellant Vs. A.K. Murshid and others...................................Respondents Judgment May 25, 1989. Res......l No.184/84 arising out of Title Suit No.56/84 of the Court of Subordinate Judge, Narayanganj should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. The case of the plaintiff-petitioner Meher Ali is that he instituted Title Suit No.5..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
Hazrat Ali & Abdur Rahman Vs. State, 1989, 18 CLC (HCD)
.... Commutation of the sentence of death to imprisonment for life. The Evidence Act, 1872 (Act No. I of 1872); Section 27 The Code of Criminal Procedure (V of 1898); Section 164, 342 and 364 Discovery of the dead bodies are relevant fact for finding out the clue The c......port of the Reference and also for the State in the appeals filed by the condemned prisoners, has submitted that in the facts and circumstances of the case the learned trial Court upon proper appreciation of the evidence of the prosecution witnesses along with the confessional stateme..Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152
.... (1991) 79.
......stant case, It appears that the learned Munsif, now Assistant Judge has passed the impugned order rejecting the application of the defendants‑petitioners: after hearing both the sides and assigning proper reasons. When the instant suit was already fixed for peremptory hearing after settlement of a..
Category: Employment/Service Law | Date: 18 Apr, 1989 | Hits: 87
Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
....eries Vol. 7 page; 34 AIR 1958 Punjab 335; ILR Pat, Vol. 25 412; Azad Jammu & Kashamir, PLD 1960 page 26; 265 DLR 490. Lawyers Involved: Habibul Islam Bhuiya, Advocate - For Appellant. Khandker Mahbubuddin Ahmed - For Respondent. Appeal from Original Decree No. 59 of 1981. Judgmen......ment for sale. The defendant No.2 who is the daughter of defendant No.1 filed petition before the Additional Deputy Commissioner (Welfare Mymensingh), defendant No.4 asserting her title to the suit property and seeking aid for getting possession by evicting the plaintiff there from. The defendant ..Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
....990) 79. ...... and such search shall be made in accordance therewith, and the person, if found, shall be immediately taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper".
The Sessions Judge, Narayanganj in the instant case being only a Court of revisional jur..
Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193
Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)
....R (AD) (1988) 56. ......n view of the decision the two Redemption Suits. Against this decision leave was granted by us to consider the question whether the principle of res judicata was applied by the High Court Division on proper appreciation of facts and correct interpretation of law involved in this case. 6. Facts ..Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106
Sreemati Parul Kusum Roy Vs. Bangladesh & others, 1987, 16 CLC (HCD)
.... namely the Upazila Nirbahi Officer, Anowara dated 14.09.85 declaring the disputed properties as vested property on the recommendation of the respondent No.4, namely Upazila, Revenue Officer, Anowara and approving grant of lease thereof in favour of the stranger respondent Nos.6-9. 2. 8.23 acre.......73 of 1986. Judgment Amin-ur-Rahman Khan J. - This Rule is directed against the order of the respondent No.3, namely the Upazila Nirbahi Officer, Anowara dated 14.09.85 declaring the disputed properties as vested property on the recommendation of the respondent No.4, namely Upazila, Revenue ..Category: Property Law | Date: 22 Mar, 1987 | Hits: 13
....ip;………Opposite-parties
Judgment
September 16, 1986.
Result:
The Rule is made absolute.
Cases Referred to-
Bangladesh Enemy Property Management Board and others Vs. Md. Abdul Majid, 27 DLR (AD) 52; M/S. Dullchand Omraolal Vs. Bangladesh, through the ......ansferred to the Second Court of Subordinate Judge of that place and was renumbered as Title Suit No.4 of 1982. According to the plaintiff's case opposite party No.2 was the owner of the disputed property. He left the territory now comprised in Bangladesh in 1950 leaving the property in the cust..
Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259
Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)
....lso Reported in: 39 DLR (HCD)(1987) 228. ......ied Fulson after the death of her first husband. Fulton also died leaving son Afezuddin, 2 daughters Aiful (through her first husband) and Lal Baru, Aiful inherited 18 gandas and 3 karas share in the property and sold the same to Kinu Bhuson, benamder of Rajendra Chandra Das and Khirod Chandra Das R..Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8
Ruhul Amin Vs. The State, 1986, 15 CLC (HCD)
....ch 19, 1986. Result: The Rule is discharged. Cases Referred to- James Gardner Vs. Edward A. Lucas, (1878) 3 A 532; Colonial Sugar Refining Co. Vs. Irving 1905 AC 369; Delhi Cloth and General Mills. Co. Ltd. Vs. Income-Tax Commissioner, Delhi, AIR 1927 PC 242; Bangladesh Vs. Abdu......83 should not be set aside and the trial should not be stopped and the accused petitioner should not be released or such other or further order or orders passed as to this Court may seem fit and proper. 2. The case for the prosecution is that on 29.10.78 at 17.00 hours in village Jahanpur,..Category: Criminal Law, Procedural Law | Date: 19 Mar, 1986 | Hits: 3
Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)
....i—For the Appellant. Syiedur Rahman Mean—For the State. Criminal Appeal No. 314 of 1983. Judgment Amia-ur-Rahman Khan J.- This appeal is directed against the Judgment and order dated 19.9.83 passed by Mr. Md. Abdul Kadir Khan, Additional Sessions Judge, 3rd Court, Dh...... Arbitration Council. Now we are to consider what will be the legal consequence of such marriage in view of the provision of Muslim Family Laws Ordinance, 1961. 10. In this connection if will be proper to quote the provisions of section 6 of the Muslim Family Laws Ordinance which are as follows..Category: Family Law | Date: 17 Mar, 1986 | Hits: 1
Abdul Awal Vs. Abdul Mannan & another, 1986, 15 CLC (AD)
....section 190 (1)(b) Cognizance is found to have been taken by the Magistrate himself on the basis of the police report by order dated 22-12-82; but this order was erroneously interfered with, and complications were created unnecessarily, which may be ignored altogether. Inclusion of the pe......ecessarily, which may be ignored altogether. Inclusion of the petitioner among the list of the Accused and trial of two cases in the same Court according to the procedure of trial of Cross Cases is proper. The Petition is dismissed………..(5) Cases Referred To- Shahed Ali Vs. St..Category: Criminal Law | Date: 16 Mar, 1986 | Hits: 77
Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)
.... Vs. The Crown, AIR 1950 (East Punjab) (FB) 25; State Vs. Mohammed Jamil, 20 DLR (SC) 315; Adnan Afzal Vs. Sher Afzal, 21 DLR (SC) 123; James Gardner Vs. Edward A. Lucas, (1878) 3 AC 582; Delhi Cloth and General Mills Co. Ltd. Vs. Income Tax Commissioner, Delhi, AIR 1927 PC, 242; Colonial Sugar Refi......der section 407 of the Penal Code pending before the Upazila Magistrate, Banshkhali, Chittagong should not be quashed or such other or farther order or orders passed as to this Court may seem fit and proper. 2. The facts of the case are as follows: On 2.3.82 Md. Abul Hashem, Officer-in-cha..Category: Criminal Law, Procedural Law | Date: 30 Jan, 1986 | Hits: 1
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