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Abdul Mannan and others Vs. Akram Ali and others, 1990, 19 CLC (AD)
....reasonable. The Registrar is directed to put up the matter to the Chief Justice for necessary order as to transfer of the case. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 129. ......re was any necessity for remanding the case to the Trial Court for re‑trial when there was concurrent finding of the two courts below in respect of possession and the entire evidence, both oral and documentary, having been available on record. Preparation of the paper book having been dispen..Category: Procedural Law | Date: 6 Jun, 1990 | Hits: 107
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....Company's leave applications, but these were not specifically referred to in the Leave Granting Order. We have allowed him to make his full submission on these grounds not only in the interest of justice, but also of the fact that some of the questions, such as limitation, are of considerable pu......e of the War of Liberation the Company's Head Office at Imamganj and the Managing Director's residence at Eskaton were ransacked and looted by miscreants, in the course of which, all valuable documents including the Instrument of Transfer and Receipt for payment of the consideration money, w..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
Siddik Ali Vs. Nurun Nessa Khatun and others, 1990, 19 CLC (AD)
....t examine in this case whether the provisions of section 116 of the Transfer of Property Act is applicable or whether the principle of holding over can be applied to an agricultural lease as rules of justice, equity and good conscience. However, as one of the two grounds on which the High Court Divi......11/12 years in his present homestead in the eastern portion of the 1st schedule land that covered the Commissioner's Chitta Plot Nos. 5-12 lying in the first schedule land and the plaintiff's document, Ext. 3 the deed of lease and the rent receipts the Trial Court found that Sajjad Ali purch..Category: Property Law | Date: 28 May, 1990 | Hits: 57
....ction Commissioner illegally and arbitrarily passed an ex parte order for recounting 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......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.
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Category: Election Law | Date: 24 May, 1990 | Hits: 101
AH Shamsuddin Ahmed Vs. Begum Arafat & others, 1990, 19 CLC (HCD)
..... 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. ...........Opposite Parties Judgment May 22, 1990. Result: The Rule is discharged. It is settled principle of law that mere declaratory suit is maintainable if it is found that the document with regard to which declaration is sought itself is void ab initio. This view was supporte..Category: Property Law | Date: 22 May, 1990 | Hits: 111
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. ......ite Parties Judgment May 13, 1990. Result: The Rule is discharged. The accused petitioner misrepresented to get permission for sale of the house and mutation and all relevant documents were false, forged and was available in the office. He, by showing such false documents in..Category: Criminal Law | Date: 13 May, 1990 | Hits: 73
Sonali Bank Vs. Nurul Kader and another, 1990, 19 CLC (HCD)
.... circumstances of the present case, to treat the irnpugned order as an order passed under section 151 CPC and safely can set aside the same and restore the suit to its file and number for the ends of justice. In aid of his contention the learned Advocate cites the decision in the case of Sabilri Bal......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. ..Category: Civil Law | Date: 5 Apr, 1990 | Hits: 1
Kanak Mala Vs. Md. Safiuddin & others, 1990, 19 CLC (HCD)
.... the present Rule. 8. The learned Advocate appearing for the defendant‑petitioner submits that the Courts below committed error of law resulting in an erroneous decision occasioning failure of justice in decreeing plaintiff's suit inasmuch as plaintiff failed to prove his bona fide requir......in an erroneous decision occasioning failure of justice in decreeing plaintiff's suit inasmuch as plaintiff failed to prove his bona fide requirement for the suit premises either adducing oral or documentary evidence. It is further admitted that the question of bona fide requirement the Courts b..Category: Property Law | Date: 5 Apr, 1990 | Hits: 74
Sonali Bank Vs. M/s Begg & Beg Jute Incorporated Limited & others, 1990, 19 CLC (HCD)
.... mensem simple and that was limited to the part of the mortgage money viz. Rs.1600/‑ only, it cannot be said that the rate was penal or unconscionably high or excessive on any consideration of justice, equity or good conscience." The instant suit was not brought for redemption of mo...... discretion in refusing the interest to the plaintiff. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 27. ..Category: Civil Law | Date: 1 Apr, 1990 | Hits: 79
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. ......DLR (1976) 410. This contention appears to be well founded. The learned 1st Appellate Court disposed of the appeal in a slipshod manner and perfunctorily without discussing the evidence both oral and documentary though both parties adduced evidence in support of their respective contentions. The lea..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)
....n award is otherwise valid a Court cannot interfere with it or review it. Our superior courts have always expressed opinions in favour of non‑interference unless the findings are perverse causing injustice or the Arbitrator has misconducted himself or the proceedings or the award improperly procur......failed to complete the work within the stipulated period and the period extended thereafter and as such penalty was imposed 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 Judgme..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)
....ovision permitting such party to prefer an appeal against such an order……........(6) The Court should proceed on the principle that every procedure which furthers administration of justice is permissible even if there is no express provision permitting the same..........................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)
....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. ......from the plaintiff'. It is also alleged that the plaintiff did not cultivate the suit land as bargadar under this defendant that the alleged bainanama and the receipt are all false and fabricated documents. This defendant never received the earnest money of Tk. 10,000/‑ or the additional payme..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. ......embellishment. This submission does not hold good because FIR is not supposed to contain detailed version of the prosecution case. It is a mis‑conception to regard the First Information Report as a document which should contain the entire story for the prosecution. Its main purpose is to give info..Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65
Zakir Hossain and others Vs. The State and other, 1990, 19 CLC (AD)
....documents in their originals are yet to be produced and examined by the Civil Court the criminal proceeding where those very documents are claimed by the informants as forged, may, in the interest of justice, be stayed till the disposal of the civil suit. Lawyers Involved: Rafiqur Rahman......of Criminal Procedure to take cognizance of alleged offences except on the complaint in writing of that Civil Court. The civil suit was instituted before the filing of the FIR and the questioned documents in their originals are yet to be produced and examined by the Civil Court the criminal pro..Category: Anti-Corruption Laws | Date: 12 Mar, 1990 | Hits: 114
Anisuzzaman Vs. State, 1990, 19 CLC (HCD)
....case from evidence it appears to me that the motors belong to the Project. As I have set aside the order of conviction and sentence and acquitted the accused from the charge I direct, for the ends of justice, that the 4 electric motors seized shall be returned to the project authority. In the r......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)
....ocedure. Even if the discretion exercised by the subordinate Court is not in strict conformance with law and rules, the discretion would not be interfered with if it does not occasion failure of justice. In the instant case restoration of the partition suit for decision in presence of all the c...... 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)
....it is a perverse judgment, the State or the person aggrieved will have no remedy against such an illegal order of acquittal and consequently the accused will go unpunished, occasioning failure of justice. So, considering the question by applying any of the tests indicated above, I have no doubt ......er also. In the admission register the age or date of birth of the students are written 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 ..Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153
Manindra Kumar Malakar Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....e copy of this order be communicated to the Deputy Commissioner, Gazipur and the Jailor, Gazipur District Jail at once for compliance. Ed. This Case is also Reported in: 43 DLR (1991) 71. ...... The horoscope of the detenu speaks that she was born on 29th of Agrahayan, 1379BS. But the said horoscope was made on a plain paper without any signature of its maker. Moreover, it is a private document which may be created at any time for any special purpose. It is very difficult to rely on s..Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104
Circle Officer, Sutrapur Vs. Mohammad, 1989, 18 CLC (HCD)
....longer time in making the decision and then in processing the matter. Bangladesh Vs. Zahiruddin 1986 BLD (AD) 180 referred......... (9) Right of appeal – Universal In the interest of justice or in the facts and circumstances of this case it will not be fair to deprive the defendants...... the Rule is made absolute without any order as to cost. Let a copy of this judgment be sent to the District Judge, Dhaka immediately. Ed. This Case is also Reported in: 43 DLR (1991) 84. ..Category: Limitation Law | Date: 9 Aug, 1989 | Hits: 178
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