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....ting without any enquiry without giving Respondent No.10 an opportunity to be heard violating the principles of natural justice.
Neither the Election Commission nor the High Court can decide the disputed question of fact and election Tribunal is the only forum to ventilate any such grievance. .......... (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
AH Shamsuddin Ahmed Vs. Begum Arafat & others, 1990, 19 CLC (HCD)
....tends that the plaintiff's suit being suit for declaration of title by way of adverse possession she ought to have proved her continuous and uninterrupted possession for more than 12 years in the disputed land. He next submits that the finding of possession of both the Courts below in favour of ....... In the result, the Rule is discharged. However, there will be no costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 52. ..Category: Property Law | Date: 22 May, 1990 | Hits: 111
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
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)
....antage over the defendant and as such the prayer for decree should be refused on condition of payment of solatium to the plaintiff, the learned Advocate for the respondent submits that it is not disputed that the relief for specific performance of a contract is a discretionary one but in t......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)
....against Subhashini) was also noticed by the Courts below. Defendant No. 1 Stated therein that he never denied the plaintiff's claim and that he was now a tenant of the plaintiff in respect of the disputed house. Both the Courts below field that the story of adverse possession set up by defendant......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
Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....he ground that the doctor left the country and his attendance cannot be procured without an amount of delay or inconvenience which under the circumstances of the case would be unreasonable. It is not disputed by the defence side that the doctor who held post‑mortem examination on the dead body of ......ected to surrender to his bail bond and to serve out the sentence. Appeal No.10 of 1985 is dismissed and order of acquittal is upheld. Ed. This Case is also Reported in: 43 DLR (1991) 87. ..Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65
Zakir Hossain and others Vs. The State and other, 1990, 19 CLC (AD)
....ady been examined the instant criminal proceeding is not liable to be quashed. It is urged that as the appellants committed the offences long before the malafide institution of the Civil Suit and the disputed fraudulent kabalas in their originals have not yet been filed in Court, the provision of se......tan Magistrate, Dhaka is stayed till the disposal of Title Suit No.159 of 1987 of the First Court of Subordinate Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ..Category: Anti-Corruption Laws | Date: 12 Mar, 1990 | Hits: 114
Abdul Momen Bhuiyan Vs. Haji Payez Ali Mia and others, 1990, 19 CLC (HCD)
....posit the rest of the amount within two months there from. The impugned provision of law contemplates a loan and the default in repaying the loan and the allowable time for such petitioner. 7. Undisputed position comes to that the petitioner took loan from the specified Bank, namely Sonali Bank...... 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
Momin Miah & another Vs. Moinuddin Hossain & another, 1989, 18 CLC (AD)
....he Bank the latter is not under any obligation to stay the execution proceeding. 3. We have heard Mr. Maksum-ul-Hakim, learned Counsel for the Bank, respondent No.2. Facts as given above are not disputed. In the Agreement for sale of the suit land, the bank was not directly a party, but it is t......ty in dispute, that is, item No.1 of Schedule 'B' of the Compromise petition (as in T.S. No.319 of 1986). No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 175 ..Category: Contract Law | Date: 4 Dec, 1989 | Hits: 222
Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)
....ce by us. In the result, this appeal is dismissed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ......recommending to constitute a Full Bench in order to decide the matter finally. But in the present case it is not necessary because we, relying upon the above decision of the Appellate Division, are holding than either the State or any person aggrieved can prefer an appeal under section 30 against ..Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153
Ziaul Hoque Vs. Election Commission, 1990, 19 CLC (HCD)
....and this case is not only vexatious but to harass his client and cause loss to him. He further submitted that since name of his client has been published in the official Gazette and the case involves disputed question of fact the writ petition is not maintainable. 7. In this case admittedly del......pazila Nirbahi Officer to take action in pursuance of aforesaid notification dated 4.11.89 (Annexure 'C'); that on 1.3.90 Election, Commission published a notification fixing 16.3.90 for holding election of Chairman, Nabinagar Upazila; that the petitioner and his large number of su..Category: Election Law | Date: 14 Jun, 1989 | Hits: 98
Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)
....er of injunction passed in Title Suit No.233/80. 2. Considering all these facts, the Court unanimously decides that Meher Ali, Ful Chand, Rustam, Dil Mohammad and Ali Hossain be evicted from the disputed land (i.e. plot No.131 and 132) and the Court also decides and orders that the distribution......der 7 rule 11(d) C.P.C. and the judgment and order passed on 18.1.86 by Mr. Md. Ibrahim Ali, District Judge, Narayanganj in Title Appeal No.184 of 1984 dismissing the appeal summarily and upholding the aforesaid judgment and order passed by this Subordinate Judge on 29.11.84 in T.S. N..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
Ananda and others Vs. State, 1989, 18 CLC (HCD)
....h Ramjilal. In the circumstances, the conviction of Mohanlal under section 366, Penal Code cannot be sustained." 16. The principle as spelt out above is based on sound reasoning and, thus, never disputed. 17. As to the offence of illicit intercourse in the instant case it has been found here......not wanted in connection with any other case. The suo motu Rule for enhancement is discharged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533...Category: Women and Children | Date: 24 May, 1989 | Hits: 143
Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
....and the appeal is allowed without any order as to cost and the suit is dismissed. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 467.......able to adverse." Again the learned Author says:- "Where a party is in possession of lands in privity with the original owner nothing short of an open and explicit disavowal and disclaimer of a holding under that title, and assertion of title in himself brought home to the owner, will satisf..Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
.... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14. ......nsidered by any court which reads as under: "Attachment before judgment shall not affect the rights existing prior to the attachment, of persons not parties to the suit, nor bar any person holding a decree against the defendant from applying for the sale of the property under attachment..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
Jalaluddin Ahmed Chowdhury Vs. State, 1988, 17 CLC (HCD)
....der of conviction and sentence passed by the Additional Divisional Special Judge is right. In the result, I dismiss the appeal. Ed. This Case is also Reported in: 41 DLR (1989) 87. ......ed Special Judge after considering the evidence on record came lo the finding that the accused realised the money from different tax payers but deposited the money alter the offence was committed. So holding he passed a sentence of imprisonment against the accused till rising of the Court taking a l..Category: Criminal Law | Date: 23 Mar, 1988 | Hits: 32
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