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Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
Attor Mia and another Vs. Mst. Mahmuda Khaton Chowdhury and others, 1990, 19 CLC (AD)
....Khatun Vs. Bhanu Guha & another 1986 BLD (AD) 135; Abdul Awal Khan Vs. Md. Sadu Mia & ors, 1986 BLD (AD) 156, Proboth Ranjan Shome Md. Easin, 1080 BSCR 457. Lawyers Involved: M H Khandker, Senior Advocate (AJ Mohammad Ali, Advocate with him) instructed by Sharifuddin Chaklader, A......s own. Hence the appeal is allowed and remanded to the High Court Division for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ......s own. Hence the appeal is allowed and remanded to the High Court Division for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ..Category: Property Law | Date: 22 Jul, 1990 | Hits: 43
Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)
....2; A Casperz Vs. Kader Nath Sharbadhikari ILR 28 Cal 738; Afzal-Un-Nessa Vs. Abdul Karim ILR 47 Cal 1 (PC); Naba Kumar Debi Vs. Behari Lal Sen, ILR 34 Cal 902 (PC). Lawyers Involved: M H Khandker, Senior Advocate, Lutfar Rahman Mondal & A J Mohammad Ali, Advocates with him, instructe......d restoring those of the learned Munsif, Rajshahi Sadar dated 25.8.70 in Title Suit No.59 of 1967, decreeing the suit. 2. The plaintiff-respondent filed the suit for declaration of title and recovery of khas possession of the suit land against appellant No. 1 and the predecessor-in-interest of......ct and law, arrived at by the lower Appellate Court. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 55. ..Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115
Bijoy Kumar Basak Vs. Narendra Nath Datta & others, 1990, 19 CLC (HCD)
....ns reported in AIR 1963 (Pat) 353 and PLD 1955 PC 185. 8. Mr. Abdur Rahman Biswas, the learned Advocate appearing for the defendant opposite party No.1 by filing a counter affidavit on the other hand submits that the learned District Judge has not committed any error of law resulting in any err......he date of receipt of this order, in accordance with law. Let a copy of this order be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 43 DLR (1991) 68. ......he date of receipt of this order, in accordance with law. Let a copy of this order be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 43 DLR (1991) 68. ..Category: Property Law | Date: 11 Jul, 1990 | Hits: 67
Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)
....ul Gafur, Advocate-on-Record-For the Appellants (In Civil Appeal Nos. 13 and 14 of 1990). Khondkar Mahbubuddin Ahmed, Senior Advocate (SS Halder, Senior Advocate with him), instructed by Ranesh Chandra Maitra Advocate-on-Record-For the Appellant (In Civil Appeal No. 15 of 1990). Abdul Wad......sent: Shahabuddin Rahman J ATM Afzal J Mustafa Karnal J Latifur Rahman J Ishaque (Md.) and others ………..................Appellants Vs. The Government of Bangladesh………Respondent (In Civil Appeal No.13 of 1990) Md. I...... 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
Category: Employment/Service Law | Date: 20 Jun, 1990 | Hits: 74
Sher Ali Amir Ali Virjee Vs. Eastern Industries (Bangladesh) Ltd. and others, 1990, 19 CLC (HCD)
....e through the papers as referred to above. In naked eyes it appears that the signatures put in on the alleged instruments of transfer dated 30.1.86 in respect of transfer of 400 shares are not in the hand of the respondent No.3. It was written by somebody else. From the above, I find substance in th......nfirmity in making such an oral gift under Mohammedan Law. The respondent No.2 has no locus standi to say that it is not a valid gift. He is not aggrieved in any manner whatsoever by such a gift. Moreover, after making the aforesaid gift on 10th April, 1986, on the same day the respondent No.3 infor......o order as to costs. Mr. Tofailur Rahman has prayed for stay of the operation of the judgment for 6 weeks. The prayer is refused. Ed. This Case is also Reported in: 43 DLR (1991) 54. ..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....- Thiru John Vs. Subramanyan, AIR 1977 SC 1724; Ramji Kumar Vs. Chouduri Nar Pal Sing, 34 IA‑27; Nur Mohd. Mallik Vs. Sudhir K. Biswas, 17 DLR 15 AIR 1966 (SC), pages 405 and 605; Madhap Ram Chandra Vs. Canara Banking Corporation, AIR 1941 (Mad) 354; New Citizen Bank Vs. Asian Assurance Co. ......ompanies Act Applications under Art. 181 are restricted to applications under the Civil Procedure Code and that the application for rectification of a share‑register under s. 38 is left to be governed by the general principle that it shall be filed within a reasonable time and not after inord......ion'. Finding to this effect of the courts below is perfectly correct. All these appeals are therefore dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 34. ..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
Aga Kohinoor Alam Vs. State and another, 1990, 19 CLC (HCD)
....the Court or not. 11. Regarding the judgment of the Settlement Court we find that the Settlement Court did not give any finding as to the present allegation of forgery and cheating. On the other hand, the Settlement Court made clear observation that the petitioner Mostaque Hassan Mahmood should...... Court left the matter of criminal liability open for decision by the appropriate Court. In this situation the Court can not accept the contention that the Settlement Court had given a final decision over all the dispute between the parties and that the criminal Court would have no jurisdiction to g...... said to be without any basis nor the said proceeding can be held to be liable to be quashed. The Rule is accordingly discharged. Ed. This Case is also Reported in: 43 DLR (1991) 95. ..Category: Criminal Law | Date: 13 May, 1990 | Hits: 73
M/s. Rising Sun Traders Ltd. Vs. Chittagong Port Authority and another, 1990, 19 CLC (HCD)
....t based on evidence or no materials on record. 10. Mr. Saif Uddin Mahmud, the learned advocate appearing for the Chittagong Port Authority, respondent No. 1 in this case, on the other hand, submits that the learned Subordinate Judge rightly found the point of limitation against ......e Arbitrator found that it was "not legal and justified" as the delay in performance of the contract work was contributed in no small measure by the Port Authority such as, delay in handing over site of work, supply of materials drawings, adding additional work and for all these, time...... 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. ..Category: Alternative Dispute Resolution | Date: 28 Mar, 1990 | Hits: 176
Bangladesh Leaf Tobacco Company Ltd. Vs. Md. Abdul Mannan and others, 1990, 19 CLC (HCD)
....Wazir Ali Industries Ltd. reported in 21 DLR (SC) 50. In support of his contention. Mr. Shafiqul Islam, the learned Advocate appearing on behalf of the plaintiff‑opposite parties, on the other hand, has submitted that since the petitioner purchased the suit land during the pendency of the sui...... 1988 should not be set aside. 2. The plaintiff‑opposite parties instituted Title Suit No.465 of 1978 in the court of the 1st Munsif, Dhaka for declaration of title to the suit land and for recovery of khas possession by evicting the defendants therefrom on the allegations, inter alia, t......e learned District Judge is directed to dispose of the appeal on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 7. ..Category: Property Law | Date: 27 Mar, 1990 | Hits: 75
Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)
.... the expert deserve consideration like another evidence but such evidence has to be received with great caution……………… (26) Eklas Khan and or vs Prayesh Chandra Das and or BLD 1987 (AD) 142 cited It has been held that an expert’s opinion parti......nsideration money but the defendant No.1 did not show any interest to do so. Thereafter the plaintiff approached his relation Al-haj Mohammad Ali, Advocate, to take legal steps in the matter and made over the bainapatra and the receipt to him for the purpose. Then the country was seriously involved ......e are set aside and the suit is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 18. ..Category: Property Law | Date: 15 Mar, 1990 | Hits: 66
Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....rigorous imprisonment for 5 years and to pay a fine of Tk. 5,000/‑ in default, to suffer rigorous imprisonment for one year. He further ordered that half of fine if realised be given to victim Kalachand. 2. Prosecution case may briefly be stated thus:‑ On 10‑6.84 at about evening tim...... 6. Appellant named above and others were charged under sections 302/34 of the Penal Code except appellant Nurul Haque who was charged under section 326 of the Penal Code and the charge was read over to them and they pleaded not guilty to the charge and claimed to be tried. 7. Prosecution ......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
Anisuzzaman Vs. State, 1990, 19 CLC (HCD)
....zen does not attract the provision of section 2 (1) of the Special Powers Act and a person cannot be convicted under section 16 for committing theft of such property. 14. Mr. Hasan, on the other hand, submits that the loss due to theft of the motors incurred was loss although apparently to the ...... Case No.12 of 1982. 2. The prosecution case in short is, that the informant Abdur Rahman lodged an FIR on April 30, 1981 with the Jamalpur Police Station to the effect that on receipt from the Government 5 electric power pumps for Banarar Khal Project they were irrigating the land of Mouza Ham......roject authority. In the result, I allow the appeal with the aforesaid observation. The appellant is released from his bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 35. ..Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86
Moynul Hasan and others Vs. Nazmul Haq @ Nazmul Hasan and others, 1989, 18 CLC (HCD)
....rder 9 rule 13 of the CPC was brought on 17.5.85. Therefore, the application was clearly barred by limitation. 7. Mr. Miah Abdul Gafur, the learned Advocate for the opposite party, on the other hand, submitted that the order sheet would show that no summons was at all issued for service upon t...... impugned order of the learned Subordinate Judge. In the result, the Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 82. ...... impugned order of the learned Subordinate Judge. In the result, the Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 82. ..Category: Limitation Law | Date: 28 Nov, 1989 | Hits: 219
Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)
....ritten and the signature of the guardian is found there. While he was Head Master of that Primary School, there was no document to show the age or date of birth of Uma Rani. 12. P.W.4 Sree Kartic Chandra Paul is the neighbour of the informant. It is stated by him that in the night following 15.2....... 2/3 occasions. He denied the suggestion that his sister Uma Rani embraced Islam and that Uma Rani requested her father to embrace Islam. 11. P.W.3 Majibur Rahman was the Head Master of Kaliakoir Government Primary School. He stated that on 15.2.86 he was acting as Head Master of the aforesaid Pr......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. ..Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153
Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)
..... 32 DLR (AD) 216; Khondoker Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1981 BLD (AD) 107=33 DLR (AD)154. Lawyers Involved: Md. Awlad Ali, Advocate— For Petitioner. Khandker Mahbubuddin Ahmed, Advocate—For Opposite Parties. Civil Revision No.452 of 1986.......Chand Mia and Rustam Ali Mia (predecessor of defendant Nos.3-6), the plaintiff terminated his tenancy by quit notice dated 16.1.70 with the expiry of the month of February, 1970 directing him to hand over vacant possession of the premises in the suit land with the month of February, 1970. As defenda......inate Judge, Narayanganj is directed to dispose of T.S. No.56 of 1984 in accordance with law as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 357. ..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
Ananda and others Vs. State, 1989, 18 CLC (HCD)
....er section 376 read with section 4(b)(c)/9 of the Cruelly to Women (Deterrent Punishment) Ordinance, 1983 cannot be sustained. 6. Mr. A.Q. Raisuddin Ahmed, the learned Advocate, on the other hand, for the State submitted that the court below arrived at a finding of fact as to the abetment o......ar. On the basis of the said ejahar the police started a case and took up investigation, visited the place of occurrence, examined witnesses but during the investigation of the case Afroza was recovered by the police from Manikganj. Afroza after her recovery made a statement to the effect that o......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
Hazrat Ali & Abdur Rahman Vs. State, 1989, 18 CLC (HCD)
....use of Abdul Jabbar the informant came to learn that the injured persons went to the house of Dr. Golamuddin of village Titkur for treatment and that one of the injured persons had talk with P.W. Dipchand. The informant went to the house of Dipchand who, on being asked, reported that out of the said......ntence 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 confessional statement ......emned prisoner Hazrat Ali with the modification of sentence of both the condemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ..Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152
Category: Employment/Service Law | Date: 18 Apr, 1989 | Hits: 87