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The, stay granted earlier by this court as to the construction of the building of respondent Nos. 4 and 5 is hereby vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 281
......truction of the building of respondent Nos. 4 and 5 is hereby vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 281
......
The, stay granted earlier by this court as to the construction of the building of respondent Nos. 4 and 5 is hereby vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 281
..
Category: Constitutional Law, Property Law | Date: 7 Jul, 1992 | Hits: 3
AFM Safiyyullah Vs. AKM Bashirullah alias Mortuza Bashir and others, 1992, 21 CLC (HCD)
....ged and the order of the stay granted by this court of 14.6.90 is also hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 146. ...... is dismissed. Cases Referred to- Thirurengada Mudaliar Vs. Thaugavelu Mudaliar and others AIR 1928 (Mad) 594; AIR 1934 (Patna) 582. Lawyers Involved: Syed Mohammad Dashtagir Hossain, Advocate‑For the Appellants. MB Taz Mohammad, Advocate‑For the Respondent Nos.2, 5 &......etes and bounds amongst the co‑sharers. The suit has been brought on some frivolous allegations and hence, it is liable to be dismissed. 4. The learned Subordinate Judge, after considering the evidence of the suit and hearing both the parties, has decreed the suit by his judgment and decree d..Category: Civil Law | Date: 7 Jul, 1992 | Hits: 1
....in Title Suit No. 10 of 1980 is set aside and the suit is dismissed.
Send down the lower court records at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 294
...... once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 294
......nd (SA Plot No. 1510) covers southern portion of CS plot No. 298 and that to its south lay the land of CS plot No. 279.
6. At the trial 3 P.Ws. and 2 D.Ws. were examined and the parties put into evidence some documents in support of their respective claims. The learned Munsif on discussion of e..
Category: Administrative Law | Date: 23 Jun, 1992 | Hits: 1
Serajul Islam Thakur Vs. Government of Bangla¬desh and another, 1992, 21 CLC (HCD)
....2 of the Constitution before this Court. In the result, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 318 ......t, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 318 ......r the framing of the charge showed cause; the allegation against the petitioner was inquired into by an inquiring officer, namely, Lt. Col. Mujibur Rahman, Engineering Adviser of Ministry of Defence; evidence of the witnesses were taken and the petitioner cross-examined them. The inquiring offi..Category: Administrative Law | Date: 27 May, 1992 | Hits: 1
Ataur Rahman Vs. Bangladesh & others, 1992, 21 CLC (HCD)
....y and of law (1892) 2 QB 147. We find no substance in this application which is summarily rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 307 ...... this application which is summarily rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 307 ......highest bidder after being accepted as high shall deposit 50% of the bid money on the spot immediately after his highest bid is accepted and the bidder will take a receipt and the receipt would be an evidence of the fact of the said deposit and the rest 50% of the bid money "must be" depos..Category: Administrative Law | Date: 25 May, 1992 | Hits: 2
Syed Ali Mandal alias Md. Syed Ali and 4 others Vs. State, 1992, 21 CLC (HCD)
....of the same and discharged from their respective bail bonds. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 149. ......ail bonds. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 149. ......amined none. 9. The defence case as far as it can be gathered from the trend of cross‑examination, is that of innocence. The learned Divisional Special Judge thereafter on consideration of the evidence on record round the aforesaid appellants guilty of the charge under sections 409/109 of the..Category: Criminal Law | Date: 20 May, 1992 | Hits: 2
State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)
....ition need not necessarily be true, and though two facts may be connected together as cause and effect, they may nevertheless constitute two transactions a joint charge respecting which may be wholly inadmissible…………’’ 23. The trial of several persons ......l Petition for Leave to Appeal No.91 of 1988 filed by the complainant is disposed of in the above terms. Ed. This Caseis also Reported in: ...... the PWs, the defence suggested the other version of the incident, that is, the counter‑case which was denied by the P.Ws. 13. The learned Additional Sessions Judge upon a consideration of the evidence, by his judgment and order dated 9.12.84, convicted the four constables under sections 395/..Category: Criminal Law | Date: 14 May, 1992 | Hits: 73
Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)
.... Court are upheld. There will be no order as to cost. Let the records be sent down immediately along with a copy of this judgment. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 96 ...... Present: Muhammad Ansar Ali J Asim Ali…………………………………….Petitioner Vs. Badaruddin @ Suruj Mia & others………………….Opposite Parties......ed Munsif decided issue Nos. 2 and 3 in favour of the plaintiffs. Then he took up the issue Nos.1, 4 and 5 together for convenience of discussion and on consideration of the facts of the case and the evidence on record and the relevant provisions of law came to the finding that the vendor pro‑defe..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
....l effect and further declare that the impugned notice Annexure G is also without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 59.
......xure G is also without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 59.
......btaining an order of eviction in a properly constituted suit. Another proposition, which was laid down in the said case was that a citizen of a country could not be adjudged as enemy without definite evidence that the said citizen had been, as a matter of fact, residing in India.
19. It appeare..
Category: Property Law | Date: 22 Apr, 1992 | Hits: 4
Younus Chokdar Vs. Election Commission and others, 1992, 21 CLC (HCD)
....asan, Upazila Shibchar, District Madaripur by post for information and necessary action as he thinks fit and proper. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 395 ......rmation and necessary action as he thinks fit and proper. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 395 ......ws by the Appellate Division: "We have already held while rejecting CPSLA No. 21 of 1988 that such questions as to disqualification, etc. which are questions of fact are better settled upon evidence which can be done more appropriately before a Tribunal. In the summary proceeding under Art..Category: Administrative Law, Election Law | Date: 27 Feb, 1992 | Hits: 2
....als and as such the decision does not call for any interference by this court.
In the result, the Rule stands discharged.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 143.
......rence by this court.
In the result, the Rule stands discharged.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 143.
......nal pay scale, the benefits of which are available to a permanent employee and further that the case is not maintainable as it is barred by estoppel, waiver and acquiescence.
5. Both parties led evidence in the aforesaid IRO Case No.52 of 1980 and the learned Chairman Of the Labour Court in con..
Category: Employment/Service Law | Date: 12 Jan, 1992 | Hits: 6
Sonwar (Md.) Vs. Kamal Kha, 1992, 21 CLC (HCD)
....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 ......ioner Vs. Kamal Kha...............................Opposite Party Judgment January 6, 1992. Result: The Rule is made absolute. Cases Referred to- Md. Golam Hossain Vs. Mst. Asia Khatun reported, 40 DLR (AD) 1; Ramjan Ali Mistry Vs. Md. Hedayetulta, 31 DLR (AD) ......ustment of Taka 8,177.73 paisa which the opposite party had incurred for making improvement and having electric connection in the suit premises. 5. The learned SCC Judge, on consideration of the evidence, dismissed the suit. Being aggrieved by the judgment and decree passed by the learned SSC J..Category: Property Law, Tenancy Law | Date: 6 Jan, 1992 | Hits: 3
Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)
....e trial Court dismissing the suit is hereby restored. The rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 291. ......Court High Court Division (Civil Revisional Jurisdiction) Present: Habibur Rahman Khan J Jonab (Md.) Ali …………….................Petitioner Vs. Md Moslemuddin and another………….…Opposite Parties Judgment June 3, 1991. Result: T...... The rule is made absolute. To establish any claim in a suit for specific performance of contract on the basis of oral agreement, the plaintiffs are to prove the contract by cogent and reliable evidence to avoid false and got up claims...........................(10) Cases Referred to- ..Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958
....ttlement in case No.1043 of 1987 as evidenced by Annexure I to the petition is declared to have been made without any lawful authority.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 5.
......re I to the petition is declared to have been made without any lawful authority.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 5.
......r.
14. As to the assertion of the Government that the owner Qumrul Hoque left the country and did not turn up and the property was accordingly taken over as an abandoned property, no paper nor any evidence was produced before the Court of Settlement save and except the verbal submission of the le..
Category: Property Law | Date: 12 Mar, 1991 | Hits: 77
Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....the rule and we must not be understood to have expressed any opinion about the merit of the Criminal Proceeding sought to be quashed. Ed. This Case is also Reported in: 43 DLR (1991) 150. ......essed any opinion about the merit of the Criminal Proceeding sought to be quashed. Ed. This Case is also Reported in: 43 DLR (1991) 150. ......arms were not recovered from his possession and control. The learned Attorney General further submits that the possession is a matter of fact which can only be decided by the Trial Court after taking evidence. We find substance in the said submission of the learned Attorney‑General. 12. Mr. K..Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92
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. ......cordingly discharged. Communicate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ......the view that she is a minor aged about 17 years born on 11.9.71. This view will not prejudice the other Party at the trial and the trial Court will be at liberty to determine the age on the basis of evidence. As the victim girl Ranjana Rani Nast prima facie appears to be aged about 17 years born on..Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157
Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)
....the reasons stated above, I set aside the judgment and decree of the lower appellate Court and restore those of the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 57. ......rs Involved: Abdur Rashid, Advocate‑For the Petitioners No one‑For the Opposite Parties. Civil Revision No. 1352 of 1980. Judgment AM Mahmudur Rahman J.- This Rule is against the judgment and decree of reversal passed by the learned Additional District Judge, 5th Court,......iffs were in possession of the disputed land since the date of settlement on the basis of Ext. I‑I(b) series i.e. to say the Hakum namas dated 10th Magh, 1353 BS and 15th Aswin 1353 BS and the oral evidence adduced by the plaintiffs. The trial Court also considered both oral and documentary eviden..Category: Property Law | Date: 30 Jan, 1991 | Hits: 2
Bangladesh Inland Water Transport Corpn & ors Vs. Nazma Flour Mills Ltd. & others, 1991, 20 CLC (AD)
....se under section 73 of the Evidence Act. We find no substance in this appeal and it is, accordingly, dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 122. ......Respondents Judgment January 30, 1991. Result: The Appeal is dismissed. The Evidence Act, 1872 (I of 1872), Section 73 Whether the High Court Division acted illegally in giving the impugned direction instead of directing examination of the thumb impression of the all......f the plaintiffs' kabalas by an expert were rejected by the trial Court on 1.11.89 by observing that there was no good reason for sending the documents for expert examination before the taking of evidence. After recording of evidence the defendants renewed their prayer for examination of the doc..Category: Procedural Law | Date: 30 Jan, 1991 | Hits: 108
Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)
.... The application is thus allowed. Mr. Nayeem prays for stay of operation of this judgment for four weeks. The prayer is allowed. Ed. This Case is also Reported in: 43 DLR (1991) 99. ......prays for stay of operation of this judgment for four weeks. The prayer is allowed. Ed. This Case is also Reported in: 43 DLR (1991) 99. ......d in addition to any other meetings a general meeting as its annual general meeting. But no Annual General Meeting of the said Company and those of Board of Directors were held which is apparent from evidence. It is further apparent that no resolution of the meeting of the Board of Director regardin..Category: Company Law | Date: 19 Dec, 1990 | Hits: 195
State Vs. Md. Shafiqul Islam alias Rafique and another, 1990, 19 CLC (AD)
....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. ......il 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. ......and another........................Respondents Judgment December 12, 1990. Result: The appeal is allowed. The Evidence Act, 1872 (I of 1872), Section 3 Circumstantial evidence In a wife‑killing case, from its very nature, there could be no eye‑witness of th..Category: Criminal Law | Date: 12 Dec, 1990 | Hits: 104
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