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....ame may be challenged before the Election Tribunal by the affected party.................. (10)
After the publication of the result in the Official Gazette the elected Chairman acquires a vested right and the Election Commission can not cancel the Gazette notification and order repoll and remed......nts
Judgment
May 24, 1990.
Upazila Parishad (Election of Chairman) Rules, 1983; Rule 38(3)
In case of any grievance the petitioner shall raise objection before the Presiding Officer or pray for recounting the ballots. In this case the petitioner filed an ................ (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 frust......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)
....nt‑petitioner wrote a letter on 22.2.1980 to sell 0.12, acres of land out of the suit land with her permission. The defendant on the basis of the said deed of gift mutated his name in the record of right and paid rent. The plaintiff having come to know after procuring the details about the mutatio......tio. This view was supported in the case of Pethen Permal Chetty Vs Muniandy Servai 35 (Cal) 551. In this case both the courts found that the deed of gift executed in favour of the defendant was void for want of deliverly of possession to the defendant. The taking of possession of the subject m....... 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. ....... 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
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. ......ul Alam is directed against the order by the High Court Division, Dhaka in Criminal Miscellaneous Case No. 318 of 1989 with Suo Motu Rule No. 451 of 1989. 2. The short fact that will be relevant for disposal of this appeal is that there was an altercation between the supporters of two rival can......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. ...... murder. On the written complaint made before the Upazila Magistrate on 11.12.88, the Upazila Magistrate took cognizance in that case. 4. Thus, two cases on the self-same incident is pending for trial. Meanwhile it appears that Mainuddin Faraji, the brother of victim Motleb, disowned his First ..Category: Criminal Law | Date: 20 May, 1990 | Hits: 100
Fazal & others Vs. State, 1990, 19 CLC (HCD)
....d, son of the informant was returning home from the nearby Nayadighi Bus Stand, the petitioner Fazal tied both the hands of victim Majid with gamcha while accused petitioner Adhari stabbed him on his right arm causing bleeding injuries. Accused petitioner Mahal had helped the said two accused at the......statement of the accused in accordance with the provisions of law. It imposes a duty on the court to question the accused properly and fairly so as to bring home to him the exact case. It is intended for the protection and benefit of the accused and not in order to enable the prosecution to find out......................... (4) It is a mandate of the Code to take statement of the accused in accordance with the provisions of law. It imposes a duty on the court to question the accused properly and fairly so as to bring home to him the exact case. It is intended for the protection and benefit of t...... the Trial Court for writing out a fresh Judgment in the light of the observations made in the judgment and directed the petitioners to appear before the Additional District Magistrate, Manikgonj for trial within two weeks from the date of his judgment and order. The accused petitioners in complianc..Category: Criminal Law | Date: 14 May, 1990 | Hits: 66
Ayesha Khatun (Musammat) Vs. Musammat Jahanara Begum & others, 1990, 19 CLC (AD)
.... 1990. Result: The appeal is dismissed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), Section 96 The Registration Act, 1908 (XVI of 1908), Section 47 Whether right to sue i.e. cause of action to file a case for pre-emption arises from the date of execution o...... The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), Section 96 The Registration Act, 1908 (XVI of 1908), Section 47 Whether right to sue i.e. cause of action to file a case for pre-emption arises from the date of execution or registration of the transfer deed under pre-emp...... 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. ...... 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. ..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. ......posite Parties Judgment April 5, 1990. Result: This Rule is made absolute. Order 9 CPC indicates that none of the rules empowers a court to dismiss a suit on a date not fixed for hearing. Case Referred To- Sabilri Bala Vs. Rohini Kanta Mondal, 4 DLR 11; Brojendra L......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. ......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)
....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. .......................................Opposite Parties Judgment April 5, 1990. Result: The Rule is made absolute. A notice under section 106 of the Transfer of Property Act, 1882, for vacating a suit premise shall be for six months. Section 18 of Premises Rent Control Act, 1......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. ......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
Sonali Bank Vs. M/s Begg & Beg Jute Incorporated Limited & others, 1990, 19 CLC (HCD)
....f interest for such period…………………......... (7) It is not laid down that the plaintiffs are entitled to interest on decretal amount as a matter of right or that the payment of interest on decretal amount is compulsory…...... (8) The aw......suit under a circumstance. Order 34, rule 11 leaves it to the discretion of the Court what interest should be awarded to the mortgagee in a mortgage suit from the date of the suit till the date fixed for redemption. The Court is not bound to award contractual rate of interest for such period…...... 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. ...... 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)
....1.70 acres of land of plot No. 141 of CS. Khatian No.87 belong to Sharif Sheikh having 8 annas share and Johiruddin, Amiruddin and Samiruddin owned remaining 8 annas jointly and accordingly record of right was prepared. On the death of Samiruddin defendant No.2 got the land of the suit plot by amica......ent view in its judgment. ........ (11) The 1st Appellate Court is supposed to consider the merits of the evidence independently with a clear consciousness of relevant points which arose for adjudication. It is also to afford the parties an opportunity of knowing and understanding the g......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. ...... case the plaintiff opposite party claimed title to the suit land on the basis of lease purported to have been taken by their predecessors but no document in support of that lease was produced during trial. 15. Plaintiff examined 6 witnesses and defence Petitioner side examined 5 Witnesses. Bu..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)
....0. 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 the contractor and that the Arbitrator misconducted hi......………………(22) The law has not prescribed a minimum time limit within which an arbitration proceeding must or must not be concluded although it has provided for maximum time limit of 4 months or within such extended time as the court may allow...........(24...... 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. ......sh decision and disposal on all points in the light of the observations made therein. 8. It is the further submission of the learned advocate for the appellant contractor that the finding of the trial Court to the effect that the reference to arbitration was barred by limitation as the dis..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)
....l from the decree which adversely affected his interest. Section 52 of the Transfer of Property Act provides that during the pendency of any suit or proceeding which is not collusive and in which any right to immovable property is in question, the property cannot be transferred or otherwise dealt Wi......arned District Judge, Dhaka in Title Appeal No. 23 of 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 defen&......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. ......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
Zahura Khatun and others Vs. Rokeya Khatun and others, 1991, 20 CLC (AD)
.... pendency of the suit upon the death of the original 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 an...... of a Bengali Calendar month, is a mere irregularity which can be corrected by extending the period of notice, if it is at all necessary in the circumstances of the case – Learned Counsel for the landlord‑ appellants has not pressed the first point on which leave was granted. When the ......rned Counsel for the landlord‑ appellants has not pressed the first point on which leave was granted. When the leave was granted with the tacit admission that the notice was defective we cannot, in fairness, embark upon a fresh inquiry into the validity of the notice. The landlord‑appellants hav......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. ..Category: Tenancy Law | Date: 25 Mar, 1990 | Hits: 124
Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)
....aintiff as part performance of the contract. The defendant No.1 received a further sum of Tk. 8,000/‑ from the plaintiff on 24.2.71 and acknowledged the same by putting LTI on a receipt as his right hand was badly affected in catching fish. The plaintiff along with his family members has......he defence ipso facto does not make the plaintiff’s case believable. 10 DLR (PC) page 1 cited In the case of an expert disposal of a suit, some requirements of law must be fulfilled before passing an expert decree in favour of the plantiff by the court. The court is required to come ......to defendant Nos.2-11 and their claim of possession over the same, the decree if passed in favour of the plaintiff will put the defendants into serious hardships and give the plaintiff an unfair advantage over the defendants and, as such, the present decree in favour of the plaintiff shoul......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
Abdur Rabban (Md) Vs. Aminul Hoque Sowdagar and another, 1990, 19 CLC (AD)
....ssession of his predecessor-in-interest the judgment-debtor- since defendant No. 1 traces his possession from 1948 and produced documentary evidence of payment of rent from 1951 his accrual of vested right and limitation cannot be negatived by such amendment, High Court Division correctly rejected p......ot be admitted into evidence as an admission suggesting an inference that he was a tenant in the suit land. But such application and deposition could be admitted into evidence suggesting an inference for the purpose of falsifying the claim of the defendant as to evidence adverse possession because a...... For the reasons stated above we do not find any merit in the appeal. The appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 19. ......ho has already obtained a decree for his eviction from the tenanted house. Defendant No. 2 cannot now resist execution on the false story of attornment to his own, son the plaintiff. 5. Both the trial Court and the first appellate Court on an examination of the plaintiff’s papers and docu..Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123
Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....de of chest, appellant Mofazzal Hossain dealt a knife blow on the chin, Abdur Rab Bhuiyan dealt a lathi blow on the different parts of the body of victim and Siddique Sarkar dealt a spear blow on the right leg of victim Rafiq Gazi. When Kalachand went to rescue the victim appellant Nurul Haque dealt......he State.......................................................Respondent Judgment March 12 and 14, 1990. Result: Both the appeals are dismissed. Evidence can not be rejected for discrepancy in detail Discrepancy in the matter of detail of incident always occurs even in......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. ......0 of 1985. Judgment Syed Fazle Ahmed J.- Appellants namely, Ataur Rahman, Amir Hossain, Mofazzal Hossain, Abdur Rab Bhuiyan, Siddique Sarker and Nurul Haque along with others were placed on trial before the Sessions Judge, Munshiganj in Sessions Case No. 45 of 1985 to answer charge under s..Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65
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. ......of Criminal Procedure, 1898 (V of 1898), Section 439 Whether High Court Division correctly exercise its discretion in not granting an order of ad-interim stay The appellant clearly stated before the High Court Division while obtaining the Rule that she had given birth to a female child bar......n Sircar, learned Counsel for the respondent No.1, submits that ever since 1.10.85 the appellant has been avoiding re-examination by a medical board for determination of her age. In the interest of a fair disposal of the matter the appellant should be directed to submit herself to the medical board ......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. ......owers 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…………………&hellip......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. ......he accused persons. 4. The Special Tribunal, Jamalpur framed the charge against the accused persons produced in court under section 16 of said Act to which they pleaded not guilty and prayed for trial. The other two accused were absconding. 5. P.W.1 Abdur Rahman, the informant, supported t..Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86
Momin Miah & another Vs. Moinuddin Hossain & another, 1989, 18 CLC (AD)
.... proceedings of an Execution Case (only in respect of the property in T.S. No. 319 of 1986) pending disposal of plaintiffs-appellants’ suit for specific performance of a contract for sale, has been rightly vacated by the High Court Division in revision. 2. Defendant-respondent No.1 was a debt......r 4, 1989. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908) Order XXXIX, rule I The judgement debtor entered into a contract to sell the mortgaged land for satisfaction of the decretal amount but full requirement has not been met. The bank was not a pa......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 ...... bank but that was refused due to lapse of date fixed. Then a suit for specific performance of contract being filed by the plaintiff against the judgement debtor defendants, in view of such facts the trial courts order staying proceeding of the execution case is perfectly justified and the High Cour..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. ......Ordinance No. LX of 1983). 2. By an order dated 2.4.89 this case was directed to be heard along with Criminal Miscellaneous Case No.57 of 1987. So, both the cases are heard together by us, but for the sake of convenience we are giving two separate judgments in two cases. 3. Before discussi......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. ......cused Nawshed and the victim girl Uma Rani Malakar. After investigation police submitted charge sheet under the aforesaid provisions of law. Ultimately the case was sent to the Special Tribunal for trial as an offence under section 4(b) of Ordinance No.LX of 1983 as triable under the Special Power..Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153
Circle Officer, Sutrapur Vs. Mohammad, 1989, 18 CLC (HCD)
....) 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 of the right of appeal. Case Referred to- Bangladesh Vs. Zahiruddin, 1986 BLD (AD) 180. Law...... Vs. Mohammad ...................................Opposite Party Judgment August 9, 1989. Result: The Rule is made absolute. Same privilege of government and citizens for filing appeal for delay condonation The law is the same for the Government as well as for t......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 of the right of appeal. Case Referred to- Bangladesh Vs. Z...... 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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