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Attor Mia and another Vs. Mst. Mahmuda Khaton Chowdhury and others, 1990, 19 CLC (AD)
....land to them on their depositing in Court the sale price of Tk. 40,000. Respondent Nos. 2-9, owners of the suit land, sold the same on a consideration of Tk. 40,000.00 to respondent No. 1 by a kabala registered on 13.7.81. The appellants and one Arabullah, owners of contiguous plot Nos. 5528 and 552......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. ......Trial Court for a fresh decision on the evidence on record and without any direction to like additional evidence. Cases Referred to- Dr. Rezia 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. Eas..Category: Property Law | Date: 22 Jul, 1990 | Hits: 43
Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)
.... situated within Rajshahi Municipality in CS record; Ext.11. She constructed a house thereon which is standing till today. She gifted her interest in favour of her foster son Gopal Chandra Ghosh by a registered deed of gift (Ext. 5) on the 23rd Poush, 1326 BS corresponding to 6.6.1919. Gopal was rec......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. ...... does not create or extinguish title to land. At best, along with other evidence, it may support an evidence of title. He has cited the cases of Lal Miah Vs. Haji Md. Ibrahim Meah and others, 28 DLR (AD) 61, Pankajeni Debi Vs. Sudhir Duna, 60 CWN 793 and Kazi Md. Hossain Vs. Sree Rom Banda, 70 CWN 1..Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115
Idris Ali Bhuiyan Vs. Enamul Haque and another, 1990, 19 CLC (AD)
....owner of the disputed land who died leaving several heirs including a son named Syed Wazed Ali Azam, the plaintiffs vendor, who, according to the plaintiff, sold his share to him (the plaintiff) by a registered sale‑deed on 11.9.1980. Defendant No. 1, on the other hard, contended that aforesaid Sy......d that can at times also be exercised to do full and effective justice in a case. Hence, the review petitions are dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 12. ......e Constitution and that can at times also be exercised to do full and effective justice in a case. Hence, the review petitions are dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 12. ..Category: Property Law | Date: 17 Jul, 1990 | Hits: 30
Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)
....irpur Police Station alleging, inter alia, that he purchased 5 kathas of land in plot No. 284 of khatian No. 1057 of mouza Senpara Parbata under Police Station Mirpur, Dhaka from one Noor Mohammad by registered Deed No. 2570 dated 15.2.75 and he was in possession of the said land cultivating the sam...... 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. ...... 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)
....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. ......parties. In the course of re‑counting, some ballot papers in respect of 4 Centres were found missing. The pertinent question is who had done it and when? According to the elected candidate it was a post‑election mischief at the instance of the defeated candidate or candidates. This is a question......lection is held in 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)
....s, however, that the Election Appellate Tribunal could have issued a Rule upon the respondent to show cause why the delay shall not be condoned. But the delay was condoned ex parte and the appeal was registered, leaving thereafter no scope to re‑agitate the question. 35. I think in the facts ...... 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. ......5, O'Reilly vs. Mackman and others, (1982) 3 All ER 1124; Madhavan Pillai Somanatha Pillai and another Vs. State of Kerala and others, AIR 1966 Kerala 212 (SB); Bangladesh Vs. Moslem Mia, 31 DLR (AD) 45; Syed Amir Hossain Vs. Mrs. Nadera Rahman, 37 DLR (AD) 184; Aflabuddin Vs. Sajad Ali, 1986 BL..Category: Limitation Law | Date: 25 Jun, 1990 | Hits: 176
....reby set aside and those of the learned Munsif are restored although not on the same grounds.
There will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 44.
...... secondment from the Government of Bangladesh to the Bangladesh Agricultural Research Council were determined paragraph 18 of this circular provides that this order will be effective from the date of posting of these officials to the Bangladesh Agricultural Research Council. On the basis of Paragrap......reby set aside and those of the learned Munsif are restored although not on the same grounds.
There will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 44.
..
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)
.... Vs. Eastern Industries (Bangladesh) Ltd. and others.......................Respondents Judgment June 17, 1990. Result: The Application is allowed. No transfer can be registered without a proper instrument of transfer and share certificate and the company will be per......I which shows Amir Ali Virjee retired from Directorship of the company on 20.3.86 and some new Directors have been appointed on 19.3.86. It was alleged that no annual general meeting was held nor the post of any new director was created nor any Extraordinary Meeting of the company had been held sinc......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
Atiqur Rahman Vs. AKM Fazlul Hoque, 1990, 19 CLC (HCD)
....ni. In the result, the Rule is discharged and stay granted by this Court earlier is vacated. Sent down the records at once. Ed. This Case is also Reported in: 43 DLR (1991) 49. ......nd 27 DLR (AD) 29 cited. In the first case under reference three categories of case have been mentioned where the court can quash a pending legal proceeding (1) Where the facts alleged are so preposterous that they cannot from the basis of any prima facie case; (2) the cases where there is a le......ubmitted final report which was accepted by the learned Magistrate. Abdus Salam Master alias Salam and another Vs. The State referred. No prima facie can be based on suspicion. 28 DLR (AD) 38 and 27 DLR (AD) 29 cited. In the first case under reference three categories of case hav..Category: Fiscal/Taxation Law | Date: 11 Jun, 1990 | Hits: 80
Siddik Ali Vs. Nurun Nessa Khatun and others, 1990, 19 CLC (AD)
....st schedule which includes the second schedule land belonged to one Benode Behari Das in maliki right. Bharat Chandra Das used to live on the first schedule land as a tenant. He executed a bi-lateral registered deed of lease in respect of the first schedule land on 6th Bhadra, 1346 BS (Ext. 3). Afte......defendants. In the result, the appeal is allowed. Prayer for substitution is allowed after setting aside abatement. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 3. ......nuous possession after the expiry of the lease Ext.3 is based on good reasoning. Cases Referred to- Province of East Pakistan vs. Nakul Das Mridha & another, 20 DLR (Dhaka) 769, 32 DLR (AD) 170. Lawyers Involved: MA Wahhab Miah, Advocate, instructed by Sharifuddin Chaklader, ..Category: Property Law | Date: 28 May, 1990 | Hits: 57
Bakul Howlader @ Shamsul Alam Vs. The State, 1990, 19 CLC (AD)
....bail of the appellant. Hence, the appeal is allowed and the bail granted to the appellant by the Upazila Magistrate is confirmed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 14. ......ppeal is that there was an altercation between the supporters of two rival candidates in an election for the office of the Chairman of Union Parishad. One Bazlul Rashid Sarker was a candidate for the post of Union Parishad Chairman and the rival candidate was Shiraj Chowdhury. In that altercation Vi......n cancelling the bail of the appellant. Hence, the appeal is allowed and the bail granted to the appellant by the Upazila Magistrate is confirmed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 14. ..Category: Criminal Law | Date: 20 May, 1990 | Hits: 100
Aga Kohinoor Alam Vs. State and another, 1990, 19 CLC (HCD)
....itioner at amount of Taka 12 lakhs and during executing the deed of agreement an undertaking was also given in writing by the accused petitioner that in case, the sale document cannot be executed and registered, he would refund Taka 14 lakhs instead of Taka 12 lakhs and that he did not fulfill the s...... 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. ...... 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
Ayesha Khatun (Musammat) Vs. Musammat Jahanara Begum & others, 1990, 19 CLC (AD)
....uisition and Tenancy Act. 2. The appellant instituted Miscellaneous Case No. 91 of 1979 in the Court of Subordinate Judge Pabna for pre‑empting a deed of sale executed on 20th March, 1979, but registered on 21st July, 1980 on the ground that she was a non-notified contiguous landholder of the...... 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. ......co‑sharership by purchase that had accrued earlier on 23rd March, 1979 by virtue of section 47 of the Registration Act.........(7) Cases Referred to- Abdur Rahman vs. Maklis Ali, 31 DLR (AD) 118; Lebu Mia vs. Ganesh Chandra, 34 DLR (AD) 220, Aftab Ali vs. Wahab Ali, BCR 1982 AD 87. ..Category: Property Law | Date: 11 Apr, 1990 | Hits: 47
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. ...... defendant‑petitioner and came to a finding that notice was issued on 14.6.84 and served on defendant‑petitioner on 17.6.84. In this connection the learned Advocate for opposite party referred to postal receipt Ext. 5 and also a report by the Deputy Post Master General which purport to show that......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. ..Category: Property Law | Date: 5 Apr, 1990 | Hits: 74
Aftabuddin Fakir Vs. Sowdagar Rabi Das & others, 1990, 19 CLC (HCD)
....death of Samiruddin defendant No.2 got the land of the suit plot by amicable partition with other co‑sharer and while in possession he sold 0.30 acre of land from the said plot to defendant No.1 by registered kabala deed and since then defendant No.1 has been possessing said purchased land. 4......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. ......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. ..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)
...., Chittagong Port Authority informing them about the filing of the Award and on the basis of this application of the Arbitrator under section 14(2) of the Arbitration Act, Other Suit No.5 of 1987 was registered in that Court. On receiving notice, the contractor filed an application in the Court pray...... 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. ...... 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
Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)
....which was still pending. Meanwhile the present plaintiff came to know that the defendant No.1 transferred the suit lands to the defendant Nos. 2‑11 and others without any consideration by registered deeds. It is alleged that the said Mr. Mohammad Ali ultimately found out the bainapatra a......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. ......ation 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 particulary of a hand writing exp..Category: Property Law | Date: 15 Mar, 1990 | Hits: 66
Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....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. ...... care so that guilty person is not wrongly acquitted on the plea of enmity nor innocent person wrongly convicted on that basis....................(21) Provision of section 509A. Cr. P.C The post-mortem report is sought to be admitted into evidence on the ground that the doctor left the cou......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)
....or quashing that proceeding. 2. On 26-4-87 respondent No. 2 along with six others lodged an FIR before the Demra Police Station alleging, inter alia, that they purchased 1.07 acres of land by 7 registered deeds from appellant Nos. 8-11 between 14th February, 1983 and 24th June, 1984. Appellant......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. ......al Chief Metropolitan 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
Azima Begum Vs. Yusuf Khan (Md) and others, 1990, 19 CLC (AD)
....and the parties will be at liberty to take such steps as advised for hearing of the Rule. The appeal is, therefore, allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 53. ......se and the teamed Judges of the High Court Division ought to have stayed the operation of the order dated 17.9.86; and (ii) that it‑ the appellant along with her newly-born child was ordered at the post-natal critical stage to remain in judicial custody then her health as well as the health of the......g re-examination and the parties will be at liberty to take such steps as advised for hearing of the Rule. The appeal is, therefore, allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 53. ..Category: Criminal Law | Date: 14 Feb, 1990 | Hits: 58
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