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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.......ance. Both the cases were heard analogously and by one impugned Judgment the cases were dismissed. 6. Mr. TH Khan first, submits that the Court of Settlement acted in excess of its jurisdiction in holding that as Nasiruddin and Mr. KA Dewan were served with notices to produce the title documents ..Category: Property Law | Date: 5 Nov, 1990 | Hits: 95
Karimunnessa Begum Chowdhurani and others Vs. Niranjan Chowdhury and another, 1990, 19 CLC (AD)
....n, as allowed by the High Court Division, is found to have been rightly allowed. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ......Tenancy Act, 1950 (East Bengal Act No. XXVIII Of 1951), Section 96 Whether the "doctrine” barring partial pre‑emption stands in the way of getting pre‑emption of four out of five holdings, transferred under the same kabala although he is a co‑sharer in all the five holdings an..Category: Property Law | Date: 1 Nov, 1990 | Hits: 40
Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)
....I from 4.3.80 like other borrowers of the appellant; that the application for winding up is malafide as there is a counter claim for damage of Tk. 30 lacs for non-delivery of goods; that the claim is disputed and the appellant must prove its claim first by filing a money suit; that the statement of ...... of the facts and principles of law relating to such proceeding. 12. Mr. M Nurullah, learned counsel for the appellant, has submitted that the learned Judges of the Appellate Court were wrong in holding that a "bonafide dispute over the claims of the petitioner Bank very much exists in the..Category: Business or Commercial Law | Date: 29 Aug, 1990 | Hits: 122
Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
....s agricultural land measuring 893 bighas on 15th March 1926 and possession of the land was delivered to Sh Mehr Din on the same date. On 14 March 1938 Qazi Mohr Din filed a suit for possession of the disputed land against the vendee Sh Mehr Din and fifteen others alleging that the vendee had failed ...... as the case may be, has not been impleaded in the appeal at all and is not before the appellate Court." 14. Thus, the learned Judges of the High Court Division were perfectly correct in holding that ale appeal before the High Court Division was incompetent and not maintainable in law. ..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
Sharif (Mohd) Vs. Mohd Obaidur Rahman & others, 1990, 19 CLC (HCD)
....ld the trials. Though no express provision of law requires trial of cross-cases by the same court practice and experience of over a century dictate such trial for arriving at correct determination of disputed facts. This is all the more necessary to save the accused from being prejudiced in their de......155 of 1989 shall be kept intact and the further evidence which will be adduced by the petitioner shall be recorded by the Magistrate. Ed. This Case is also Reported in: 43 DLR (1991) 66. ..Category: Criminal Law | Date: 21 Aug, 1990 | Hits: 80
Mahbubul Alam Chowdhury and others Vs. Chaman Ara Begum and others, 1991, 20 CLC (AD)
....reates only a rebuttable presumption. Even when the purchase money is money belonging to the firm, that fact itself is not decisive. In a case of this nature, the decision of the question whether the disputed property is or is not a partnership property would depend upon the intention of the partner......e that the partnership was dissolved the suit is barred under section 69(2) and section 46 of the Partnership Act. 5. On appeal the High Court Division reversed the finding of the Trial Court by holding, first, that the plaintiff has proved that he and defendant No.1 were partners in the firmâ€..Category: Civil Law | Date: 14 Aug, 1990 | Hits: 121
Golam Kader Vs. Abdul Khaleque Choukder and others, 1990, 19 CLC (AD)
....uit No.7 of 1969 with the present suit, if they so desire. Consequently, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 106. ......order and disallowed the application for addition of parties. 5. Leave was granted to consider whether the High Court Division committed any error in reversing the decision of the trial Court by holding that the appellants are not necessary parties and consequently disallowing the application f..Category: Civil Law | Date: 13 Aug, 1990 | Hits: 94
Keramat Ali Bhuiyan Vs. Ramizuddin Ahmed Bhuiyan, 1990, 19 CLC (AD)
....earned advocate of the parties about the receiving back of the record and the next date fixed. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 58. ......titioners, seeking leave to appeal from the aforesaid order of the High Court Division, submitted that the learned Subordinate Judge as also the High Court Division committed substantial error in not holding that the application under Order 9 rule 9 CPC having been filed beyond 30 days of the impugn..Category: Procedural Law | Date: 8 Aug, 1990 | Hits: 108
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)
....to give an opportunity to adduce further evidence to fill up its lacuna When decision of a pending miscellaneous case has no bearing in deciding questions of possession of the informant in the disputed land and Masud Anwar and other lessees were not witnesses in the charge sheet prosecution c......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)
....was granted rent receipts, Ext. 6 (b)-6 (h). Brojendra paid municipal taxes too vide receipts Exts.2-2 (i). After the death of Brojendra his two sons Biswanath Goswami and Benoy Goswami inherited the disputed land. The plaintiff and her husband were disciples of Biswanath and Benoy who gifted the su......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)
....le to the share of 2 annas 6 gondas 2 Karas 2 karanti share of Syed Wazed Ali Azam in the suit plot, in favour of the plaintiff. 3. Admittedly one Syed Md. Ali Azam was the original owner of the disputed land who died leaving several heirs including a son named Syed Wazed Ali Azam, the plaintif......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
Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)
....y no such power is reflected in this order either in section 522 or in any other section of Cr. PC. the learned Additional Sessions Judge has not passed any order for re-delivery of possession of the disputed land to the informant petitioner. He has acquitted accused Idris Ali Dewan of the charge un...... by the learned Additional Sessions Judge in Revision Case No.381 of 1985 is hereby quashed. Send down the records expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 60. ..Category: Criminal Law | Date: 27 Jun, 1990 | Hits: 110
Abdur Rouf Miah Vs. Fazlur Rahman and others, 1990, 19 CLC (AD)
....d his order for re‑counting, accepted the election of Respondent No. 10, as declared by the Returning Officer, and got it published in the Official Gazette on 19 April 1990, observing that in the 4 disputed Centres where tampering of ballot papers was found he could not direct re‑poll, because R......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. ..Category: Election Law | Date: 27 Jun, 1990 | Hits: 139
Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)
....e 1 of the Limitation Act. Whether section 5 of the Limitation Act will apply in the case of special or local law is a matter for the legislature to decide. As law of limitation stands today, it is undisputed that a plain reading of sub‑section (2) of section 29 clearly shows that section 5 has no...... 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. ..Category: Limitation Law | Date: 25 Jun, 1990 | Hits: 176
Sher Ali Amir Ali Virjee Vs. Eastern Industries (Bangladesh) Ltd. and others, 1990, 19 CLC (HCD)
...., as his attorney to act and manage the affairs of the respondent company. While he remained outside Bangladesh his son on his behalf used to look after the business of the company. 7. It is not disputed that both the Directors namely, respondent Nos. 2 and 3 are full brothers and they are the ......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)
....l of the applications which were also heard analogously, both parties led evidence in support of their respective claims and contentions. Original position of respective shares of the parties was not disputed, but it is the subsequent transfer of 4450 shares of the respondent in favour of the Managi......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)
....ff and pro-defendant No. 20 were dispossessed from plot No. 2 as well. 3. The case of the contesting defendant Nos, 1, 2, 3 and 5 to 10 is that Benode Behari Das, while in khas possession of the disputed land and other lands of his taluk, sold his entire interest in the taluk to Sajjad Ali by a......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
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