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Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan (Md) & others, 1990, 19 CLC (AD)
....s this principle has been excluded in the Rule Itself. 7. Mr. Abdul Baset Majumder contends that the impugned termination is an act of punishment in disguise and that it is a malafide act on the part of the General Manager who became displeased with the respondents, who had been in the service ......s. Clause (i) for sub‑rule (2) provides for termination by 30 days' notice on either side, clause (iv) of sub‑rule (2) provides for termination by the Corporation by 30 days' notice or by payment of 30 days' pay in lieu thereof. The impugned orders of termination are found to have be...... In the result, all the appeals are allowed without, however, any cost, and the impugned order of the High Court Division is set aside. Ed. This Case is also Reported in: 43 DLR (AD) 154. ..Category: Employment/Service Law | Date: 8 Aug, 1990 | Hits: 101
Afruz Miah (Md) and another Vs. Alhaj Md. Siraj Miah, 1990, 19 CLC (AD)
....ll not change the nature and character of the suit at all, nor will it widen the suit and impose upon these appellants any additional burden of adducing evidence on unrelated matters. The addition of parties is corollary to the amendment sought for. It no way changes the complexion of the suit. ...... present case, the same suffers from no illegality. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 89. ...... present case, the same suffers from no illegality. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 89. ..Category: Procedural Law | Date: 5 Aug, 1990 | Hits: 91
Abdul Hai Sikder and another Vs. State, 1990, 19 CLC (AD)
.... appeal from this Court. 6. Leave was granted to consider the submission that the order of conviction was based on the solitary testimony of one witness i.e. P.W.1 Sona Mia who, besides being a partisan witness, was not corroborated by any other witness although the prosecution cited as many a...... fullness and completeness are enough to justify the conviction. We find no merit in this appeal. Hence the appeal is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) 95. ...... fullness and completeness are enough to justify the conviction. We find no merit in this appeal. Hence the appeal is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) 95. ..Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 91
....s filed an affidavit‑in‑opposition through the learned Advocate Mrs. Jahanara Chowdhury, but at the time of hearing the learned advocate did not appear. On the aforesaid pleadings advanced by the parties the Court has framed the following issues:
1. Is the suit maintainable in its present for......erty covered by holding No. 5 Machua Bazar. It is also stated that after purchasing the above property the defendant No. 3 has mutated his name in the Revenue office as well as in the Municipality on payment of taxes and rents. Since purchase the defendant No. 3 has been in continuous possession and......suit is dismissed on contest against the defendant No. 2 and 3 and ex parte against the rest. But there shall not be any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 558.
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Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)
....laintiff-respondent took possession of the suit property after the gift on 6.3.61 and the said P.Ws.4 and 6 used to run the biscuit factory. The defendant-appellants forcibly entered into the western part of the house on the 1st Sravan, 1369 BS corresponding to 17.7.62 and hence the suit filed in 19......gapara estate. Thereafter all the transfers by Giribala's successors were made without the consent of the Dangapara landlord. The plaintiff-respondent's stories of gift, sale, inheritance and payment of rent and municipal taxes were all denied and the papers were alleged to be forged. The ap......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
Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)
....e accused to the informant petitioner but no order was passed by the Appellate Court for giving re-delivery of possession of the disputed land. .......... (4) Criminal revision case will not lie particulary when the proceeding relates to the restoration of possession of land in dispute under se...... 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
Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)
....on 2 of section 29 clearly shows that section 5 has no application in the present cases. Thus, the High Court Division acted without jurisdiction in condoning the delay in these cases. 7. Before parting with these cases it may be mentioned that the learned Additional Attorney General appearing ...... 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. ...... 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
....etitioner 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 prevail. .................................... (3)
Th......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.
......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.
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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)
....oper instrument of transfer and share certificate and the company will be perfectly justified to refuse registration of purchaser’s name on the ground of non-production of the share certificate particularly when the company was unable to waive their production. In a case where a private l......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. ......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
Shahabullah (Md) Vs. The State, 1990, 19 CLC (AD)
.... Act, 1947 (II of 1947), Section 5(2) The Penal Code, 1860 (XLV of 1860), Section 161 Whether witnesses of a trap case are accomplice requiring corroboration of their evidence in material particulars Though in case of accomplice evidence the rule of prudence has been crystallized i......s supplied. After paying Tk. 200/‑ for three months for July, August and September, 1979 the supplier decided not to pay any more bribe. In the month of October, 1979 when the appellant pressed for payment PW 1 made a complaint to PW 2 Mr. Abdullah Chowdhury, an officer of the Bureau of Anti‑Cor......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. ..Category: Anti-Corruption Laws | Date: 13 Jun, 1990 | Hits: 119
Atiqur Rahman Vs. AKM Fazlul Hoque, 1990, 19 CLC (HCD)
.... his order dated 8.5.1981 released the seized menthol. This order of the learned Magistrate was set aside by the learned Sessions Judge, Dhaka in Criminal Revision No. 44 of 1981 6. The opposite party No.1 Superintendent Customs, Foreign Post Office, Dhaka filed a Naraji petition to the Chief M......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. ......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. ..Category: Fiscal/Taxation Law | Date: 11 Jun, 1990 | Hits: 80
Abdul Mannan and others Vs. Akram Ali and others, 1990, 19 CLC (AD)
....n, Senior Advocate, with him) instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Respondents Nos.1-12. Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos.26 & 27. Ex parte-Respondents 13-25. Civil Appeal No.29 of 1986. (From the Judgment and order dated ......ts filed Title Suit No.27 of 1981 in the Court of Subordinate Judge, Sylhet for declaration of their title to the suit land on the basis of settlement from the landlords, by continuous possession and payment of rent. Defendants’ respondents challenged the settlement. The trial Court found that......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. ..Category: Procedural Law | Date: 6 Jun, 1990 | Hits: 107
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
.......Respondent (In Civil Appeal No.44 of 1986) Judgment May 31, 1990. Result: The appeals are dismissed. The Companies Act (VII of 1913); Sections 38 & 40 When both parties have led all their evidence and the facts involved in the applications for rectification of ......mganj 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, were lost. The respondent, taking advantage of loss of the docum......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
Siddik Ali Vs. Nurun Nessa Khatun and others, 1990, 19 CLC (AD)
....ocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellants. Habib Ahmed, Advocate, instructed by Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 1 to 10. Ex parte -Respondent Nos. 2 to 9(a) to 9(J), 11 to 15. Civil Appeal No. 21 of 1985. (From the......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. ......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. ..Category: Property Law | Date: 28 May, 1990 | Hits: 57
Aga Kohinoor Alam Vs. State and another, 1990, 19 CLC (HCD)
....l 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 go into the dispute as has been ra...... 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. ...... 2. The petitioner represented that a plot of land was held by one Mr. SM Ahsan, a permanent lessee of the Government and from him the petitioner purchased the plot and after obtaining permission and loan from his employer namely, Janata Bank he constructed a two‑storied house and then contracted ..Category: Criminal Law | Date: 13 May, 1990 | Hits: 73
Sonali Bank Vs. Nurul Kader and another, 1990, 19 CLC (HCD)
....he decrees dismissing the suit to its file and number. The petitioner instituted the suit for recovery of Tk. 9,023.00 with interest at the rate of 20% per annum together with cost. The opposite parties appeared in the suit and took time for filing written statement. 3. The petitioner file......ayable by the landlord which would be adjusted against the rent payable to the landlord. The landlord filed the suit for realisation of rent from the tenant after making some adjustment on account of payment of revenue. The defendant contested that suit and pleaded that he paid the revenue. He filed......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
MA Razzaque Vs. Bangladesh Election Commission, 1990, 19 CLC (HCD)
........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 party to a contract for work to be done for, or goods to be supplied to the Parishad concerned or ha......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. ......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. ..Category: Election Law | Date: 5 Apr, 1990 | Hits: 110
Sonali Bank Vs. M/s Begg & Beg Jute Incorporated Limited & others, 1990, 19 CLC (HCD)
....these circumstances a single Bench of Rajasthan High Court held: "Where the rate of interest stipulated in the deed of mortgage was 12 per cent per 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 uncon......e (2)(1) (a) (i) merely indicates the heads in respect of which account has to be taken, but with regard to the question of rate of interest Order 34,rule 11 is a self contained rule which deals with payment of interest in a mortgage suit under a circumstance. Order 34, rule 11 leaves it to the disc......ecation of jute goods with Tk.5 lacs and the said limit was renewed for the years 1977‑78 and 1978‑79. In the year 197980 the cash credit limit was reduced to Tk.20,00,000/‑ with a blocked loan amounting to Tk.7.36,000/‑. The defence side duly executed documents to secure the loan...Category: Civil Law | Date: 1 Apr, 1990 | Hits: 79
Aftabuddin Fakir Vs. Sowdagar Rabi Das & others, 1990, 19 CLC (HCD)
....ner Vs. Sowdagar Rabi Das & others............................Opposite Parties Judgment March 29, 1990. Result: The Rule is made absolute It is incumbent on the part of the 1st Appellate court as final court of fact to discuss and assess evidence on merit and t......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)
....ttagong Port Authority and another..............................Respondents Judgment March 28, 1990. Result: The appeal is allowed. The Arbitrator should give notice to other parties about ex-parte hearing and also about the passing of ex-parte award…............ (10)......tter dated 6.5.1986 to the Chief Engineer in his capacity as Engineer‑in‑Charge Ext. 9(Z) 37 shows that the contractor objects to the imposition of penalty by the Port Authority and requests payment to be made within 26.5.86 and further writes, "In case we do not receive payment&q...... 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
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