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Abdur Rahman Mondal and others Vs. State, 1990, 19 CLC (AD)
....ellate Court for re‑hearing and disposal on the basis of the existing evidence on record in accordance with law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17. ...... through the judgment of the Appellate Court. The learned Additional Sessions Judge found that PW 1, the informant, was not an eye-witness to the occurrence. PW 2 is a labourer. PW 3 is an unemployed person. PW 4 has filed a Criminal Case against appellant No. 2. PW 5 recorded the FIR and PW 6 is th..Category: Criminal Law | Date: 23 Jul, 1990 | Hits: 52
Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)
....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. ......ni Dasi..............................Respondent Judgment July 17, 1990. Result: The appeal is dismissed. The Bengal Tenancy Act, 1885, Section 103B Whether entry of a person’s name in the record of right as ‘Dakhalkar’ will mean that for all time to..Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115
Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)
.... 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. ................Opposite Party Judgment June 27, 1990. Result: The Rule is made absolute The power of the Appellate Division to pass an order for re-delivery of possession to the person acquitted on appeal must be an express power. Surprisingly no such power is reflected in this..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. ......consolidate the results received from the Presiding Officers and declare elected the candidate who has received the highest number of votes. The next course for him is to send the name of the elected person to the Election Commission for notifying the election in the Official Gazette. If these dutie..Category: Election Law | Date: 27 Jun, 1990 | Hits: 139
Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)
.... 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. ......ealed against is a nullity the statute of limitation will not apply and the appeal can be entertained beyond the period of limitation because a void need not be avoided until it affects the aggrieved person. Several cases, namely, the cases of Syed Mahmud Alam Vs. Syed Mehdi Hussain, PLD 1970 (Lahor..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.
......g the witnesses examined by the Enquiry Officer and the petitioner was not afforded the opportunity of adducing any evidence in his defence. The petitioner should get an opportunity of being heard in person and enquiry proceeding should not be conducted ex parte. Principle of natural justice should ..
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)
....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. ......e in fact the owners. In such a case non production of scripts will not debar the transferee from getting his name registered in the company as its share holder. When there is no dispute as to a person being, or having ceased to be a member, the summary jurisdiction under this section to compel..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. ......otes with the number of the inventory and put his signature on the inventory finding the same to be identical. The appellant was nabbed when he accepted the marked notes as illegal gratification. The person of the appellant was searched in presence of Magistrate, PW 10 and the Resident Physician of ..Category: Anti-Corruption Laws | Date: 13 Jun, 1990 | Hits: 119
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....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. ......y fact in issue, or a relevant fact. An admission, though strong evidence against its maker, is not, however, conclusive proof of the matter admitted; and so long it does not operate as estoppel, the person making the admission is at liberty to contradict it or to show that it is not true or correct..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
....poll.
In the result, the Rule is discharged and the order of stay granted on 6.5.90 is vacated. There will be no order for costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 29.
......t the Election Commission to order repoll in those centres after canceling the Gazette Notification in question.........(5)
It is mandatory for the Election Commission to publish the name of the person declared elected as Chairman by the Returning Officer in the Official Gazette and has no arbi..
Category: Election Law | Date: 24 May, 1990 | Hits: 101
Aga Kohinoor Alam Vs. State and another, 1990, 19 CLC (HCD)
.... 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
MA Razzaque Vs. Bangladesh Election Commission, 1990, 19 CLC (HCD)
....the office of the Chairman of Dewanganj Upazila Parishad. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 16. ......itioner Vs. The Bangladesh Election Commission, Sher‑e‑Bangla Nagar and Others........Respondents Judgment April 5, 1990. Result: The Rule is made absolute. A person shall be disqualified for election as for being a chairman of Upazila Parishad, if he is a pa..Category: Election Law | Date: 5 Apr, 1990 | Hits: 110
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. ......ing. 20. When the parties to a contract agree, that they will refer their dispute to arbitration, the object of such an agreement is to get an amicable settlement of their dispute through a person in whom both can repose confidence and trust. Therefore, the Court normally encourages such s..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)
....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. ...... revisional application by the appellant‑petitioner. 4. It is submitted by Dr. Rafiqur Rahman, the learned Advocate appearing on behalf of the petitioner, that the petitioner being a person adversely affected by the judgment and decree passed by the Trial Court, the learned Dis..Category: Property Law | Date: 27 Mar, 1990 | Hits: 75
Zahura Khatun and others Vs. Rokeya Khatun and others, 1991, 20 CLC (AD)
....gitate the same in the absence of the respondents. 9. The appeal is, therefore, dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 98. ......riginal tenant are liable to be ejected without any further notice, they being not recognised as tenant by the landlord-appellants, on the ground that the right of occupation of a monthly tenant is a personal right which creates no interest in the land and that this personal right which is not herit..Category: Tenancy Law | Date: 25 Mar, 1990 | Hits: 124
Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)
....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. ......w people sign in the same manner on all occasions, (2) expert opinion on the genuineness of the signature should be received with great caution especially in a case when there is positive evidence of persons who saw a person sign, (3) All the test evidence by the expert in the matter of comparision ..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. ......evidence with utmost caution Enmity is a double-edged weapon providing motive for offence as well as for false implication. Evidence in such case needs to be scrutinised with care so that guilty person is not wrongly acquitted on the plea of enmity nor innocent person wrongly convicted on that ..Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65
Abdul Momen Bhuiyan Vs. Haji Payez Ali Mia and others, 1990, 19 CLC (HCD)
....us, for the reasons stated above, we do not find any substance in this petition. Accordingly, the petition is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 97. ......without any lawful authority and the same is of no legal effect. 4. The disqualification clause runs as follows: 6. Qualifications and disqualifications for Election of Chairman.- 2. A person shall be disqualified for election as, or for being, a Chairman of a Parishad of...............Category: Election Law | Date: 5 Mar, 1990 | Hits: 136
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. ......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
Anisuzzaman Vs. State, 1990, 19 CLC (HCD)
....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. ......in the meaning of section 16 of the Special Powers Act, 1974. It is held that theft of property belonging to the citizen does not attract the provision of section 2(1) of the Special Powers Act and a person can not be convicted under section 16 for committing theft of such property……&h..Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86
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