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Tapash Nandi Vs. State and others, 1991, 20 CLC (HCD)
....ing proved that the age of the girl to be above 16 years the question of her being a minor could not arise. This however relates to the merits of the case which is pending to be heard but it would be relevant here only for the purpose of sending the girl again before a Medical Board for determining ......ial continue and come to an end as would be desired by both the parties. Communicate this order to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 26. ......n: 45 DLR (HCD) (1993) 26. ......ial continue and come to an end as would be desired by both the parties. Communicate this order to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 26. ..Category: Women and Children | Date: 28 Mar, 1991 | Hits: 86
....e Evidence Act in this connection.
For proper appreciation, we quote the section as under:‑
“44. Any party to a suit or other proceeding may show that any judgment, order or decree which is relevant under sections 40, 41, or 42 and which has been proved by the adverse party, was delivered ......t‑in‑opposition denying the material allegations made in the writ petition and contending, in substance, that the petitioner’s sale deed is a fictitious document and the agreement and all other papers in that connection are forged but he obtained the decree by practising fraud upon the Court w......ision
(Special Original Jurisdiction)
Present:
Md. Abdul Jalil J
Qazi Shafiuddin J
Rahela Khatun.....................Petitioner
Vs.
Chairman, Court of Settlement, Bangladesh Abandoned Buildings, Segunbagicha, Ramna, Dhaka and others.................Respondents
Judgment
......ttlement in case No.1043 of 1987 as evidenced by Annexure I to the petition is declared to have been made without any lawful authority.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 5.
..
Category: Property Law | Date: 12 Mar, 1991 | Hits: 77
Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)
....site party No.1 (maternal grandfather of the victim girl) is contesting the Rule by filing a counter affidavit along with a certificate from the Head Master of the school where she was reading at the relevant time. School certificate shows that victim girl Sumati Begum was born on 5.6.75. So accordi...... stayed for 15 days from today. The Rule is accordingly discharged. Communicate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ....... Rafiqueullah, 2. The State .........................Opposite‑Parties Judgment February 13, 1991. Result: The Rule is discharged. Cases Referred to- Sukhendra Chandra Das Vs. the Secretary, Ministry of Home Affairs, 42 DLR 79; Krishna Pada Datta Vs. Ministry of...... stayed for 15 days from today. The Rule is accordingly discharged. Communicate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ..Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
....r restraining the petitioner, namely the Coal Controller, from encashing the performance bond dated 16.5.89 when in fact no arbitration proceeding was pending any where under the said contract at the relevant time, The learned court issued notice upon the petitioner, namely the Coal Controller, and ...... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ......Hoque J Coal Controller..........................Appellant Vs. Ventura Industries Ltd…………………Respondent Judgment February 3, 4 and 5, 1991. Result: The Rule is also discharged. An arbitrator exercises a quasi jud...... to the various other certificates on vessel/boat basis they appear to be same. This document had not been challenged by the Coal Controller in their affidavit in opposition to be forged or incorrect documents and we find that those documents were prepared when there was no dispute as to the size an..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)
....or declaration of agreement dated 10.6.87 as void and for returning possession of the Mill. 7. Mr. Abdul Wadud Khandker, the learned Advocate appearing for the petitioner, has taken us through the relevant papers and had drawn our attention to the initial order of detention (Annexure‑B), the gr......ontrovert the allegations made in the petition against them. 6. The petitioner has filed an affidavit‑in‑reply to the affidavit‑ in ‑opposition filed by the respondent No. 1 and filed some papers including copy of an application sent to the Secretary, Ministry of Home Affairs by one of th......dul Jalil J Qazi Shafluddin J Mirza Ali Ashraf..................................Petitioner Vs. The State, represented by the Secretary, Ministry of Home Affairs, Government of Bangladesh and others ..........................Respondents. Judgment February 3, 1991. Cases Referred......tension by Annexure 'C' dated 24.2.97 and 23.5.97 respectively to the petition are declared to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ..Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184
Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)
....the reasons stated above, I set aside the judgment and decree of the lower appellate Court and restore those of the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 57. ......d documentary evidence of the defendant to come to a finding on possession. It held : “Plaintiffs have produced in all 4 witnesses including P.W.1 (Plaintiff 11). Of them P.Ws.3 proves the papers filed by the plaintiff. P.W.2 and 4 corroborated P.W.1 regarding plaintiffs possession, of co...... This Case is also Reported in: 46 DLR (HCD) (1994) 57. ......the reasons stated above, I set aside the judgment and decree of the lower appellate Court and restore those of the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 57. ..Category: Property Law | Date: 30 Jan, 1991 | Hits: 2
Bangladesh Inland Water Transport Corpn & ors Vs. Nazma Flour Mills Ltd. & others, 1991, 20 CLC (AD)
....se under section 73 of the Evidence Act. We find no substance in this appeal and it is, accordingly, dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 122. ......se under section 73 of the Evidence Act. We find no substance in this appeal and it is, accordingly, dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 122. ...... is also Reported in: 43 DLR (AD) (1991) 122. ......2), Section 73 Whether the High Court Division acted illegally in giving the impugned direction instead of directing examination of the thumb impression of the alleged executant in the impugned documents by an expert. Before the Trial Court there was no admitted Signature of thumb impres..Category: Procedural Law | Date: 30 Jan, 1991 | Hits: 108
Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)
...., 1984 and the share script submitted by the petitioner Ext. C is dated 3.10.84. There is no similarity in between the 2 certificates. Since admittedly Mr. Ashraf Ali was the Managing Director at the relevant time in 1984 and since Mr. Ashraf Ali has deposed before this Court denying Ext. D as his s......ransfer of share scripts. 23. Mr. Abdul Malek Chowdhury, the Senior Principal Officer of the Respondent No. 15 Islami Bank, (Bangladesh) Ltd. is DW 2. On the direction of this Court he submitted papers and documents before this Court. He had sworn an affidavit‑in‑opposition, and on the date......vil Jurisdiction) Present: Md. Mozammel Hoque J Md. Ismail Siddique.......................................................Petitioner Vs. M/s. Crescent Apparels (Private) Ltd. and others...............Respondents Judgment December 19, 1990. Result: The pra......fore this Court and it remained silent to give reply to the allegations stating that these are internal matters of the Directors of the Company. 13. In this case the petitioner has filed several documents which are marked as exhibits. Apart from this he also examined 2 witnesses including himse..Category: Company Law | Date: 19 Dec, 1990 | Hits: 195
State Vs. Md. Shafiqul Islam alias Rafique and another, 1990, 19 CLC (AD)
.... evidence against him, that he was in the house where his wife was murdered, was lacking. It was held "In criminal cases section 106 of the Evidence Act is attracted in exceptional cases where a relevant fact is pre‑eminently within the knowledge of the accused. The rationale is simple. It is......espondent No. 1 is directed to surrender to his hail bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ......al J Latifur Rahman J The State, represented by the Solicitor to the Government of the People's Republic of Bangladesh ......Appellant Vs. Md. Shafiqul Islam alias Rafique and another........................Respondents Judgment December 12, 1990. Result: ......espondent No. 1 is directed to surrender to his hail bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ..Category: Criminal Law | Date: 12 Dec, 1990 | Hits: 104
Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)
....f public employment is governed by a complex of laws, commencing with constitutional instruments and ending with statutory rules, which have been authoritatively construed, by the Superior Courts, in relevant respects. Therefore, these words can only mean that the appointee was subject to lawful ord......ich the paper book was prepared by the appellant. Permission was sought and given to the appellant to prepare the paper book out of court. The paper book is prepared in a most clumsy manner. Not only papers of different sizes, and photocopies, not easily readable, were used, the orders mentioned in ...... be any promotion to the post of IPO without appearing successfully in the competitive examination of the Department. Any order of reversion after an incumbent's appointment' to a higher post and continuing there for some duration will surely cause a disappointment as he would no longer draw......k is to avoid a clutter which cannot be used as a sorting device for ascertaining facts at the last court of the country. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 144. ..Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112
Shambhu Nath Poddar Vs. Bangladesh Railway and others, 1990, 19 CLC (AD)
.... in this case is, whether the loss of the consignment in question was due to theft committed in the running train without any negligence and collusion of the Railway Officials who were on duty at the relevant train. 5. Mr. Mahmudul Islam, learned Advocate appearing for the plaintiff-appellant,......tly, the judgment of the High Court Division is set aside and the suit is decreed. The appeal is allowed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 82. ......habuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Shambhu Nath Poddar.....................Plaintiff-Appellant Vs. Bangladesh Railway and others....................... ..Defendant-Respondent Judgment November 19, 1990. ......tly, the judgment of the High Court Division is set aside and the suit is decreed. The appeal is allowed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 82. ..Category: Civil Law | Date: 19 Nov, 1990 | Hits: 107
The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)
....nced to transportation for life. 2. Prosecution case arises from an incident in which Mofizuddin (deceased) Chairman of Majpara Union Parishad; PS Atghoria was killed in a brutal manner. On the relevant day, 5 September 1976 the Chairman, along with a number of people including his nephew Saye......r life. They are directed to surrender to their bail bonds at once failing which the Deputy Commissioner will get them arrested. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 83. ...... In an appeal against acquittal it is quite open to the Court to review the evidence in order to see whether finding on which acquittal has been based is perverse being wanton disregard of good and unblemished evidence given by other witnesses who got no grudge or enmity whatever with the accu......r life. They are directed to surrender to their bail bonds at once failing which the Deputy Commissioner will get them arrested. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 83. ..Category: Criminal Law | Date: 14 Nov, 1990 | Hits: 88
Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....Court of Settlement committed serious illegality in so holding. Mr. Khan next contends that the Court of Settlement failed to decide the right of a citizen judicially without applying its mind to the relevant documents produced before it to prove that the property does not satisfy the description of......ment have been made and/or passed without any lawful authority and are of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 12.......tion) Present: AM Mahmudur Rahman J Mainur Reza Chowdhury J Farida Aziz....................Petitioner. Vs. Government of Bangladesh, represented by the Secretary, Ministry of Works and Urban Development, Secretariat Building, Dhaka and another..................Respondents Judgm......made between the Government of East Pakistan and W. PBA Selim and the property was being treated as abandoned property the respondent issued several notices upon the occupants of the house to produce documents, etc. to establish title of the original lessee and as the whereabouts of the alleged owne..Category: Property Law | Date: 5 Nov, 1990 | Hits: 95
Karimunnessa Begum Chowdhurani and others Vs. Niranjan Chowdhury and another, 1990, 19 CLC (AD)
....he lands transferred if these lands are contiguous to his own land. In the instant case, the question of pre‑emption by a contiguous land holder is not involved, and as such those decisions are not relevant except, of course, for the purpose of keeping in mind the general principle as to pre‑emp......n, as allowed by the High Court Division, is found to have been rightly allowed. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ......) 78. ......n, as allowed by the High Court Division, is found to have been rightly allowed. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ..Category: Property Law | Date: 1 Nov, 1990 | Hits: 40
Kazi Mobarak Ali Vs. Mohammad Yeasin Mazumder and others, 1990, 19 CLC (AD)
....fusing to reject the plaint taking the view that some sort of "appellate forum" was necessary, particularly when the writ jurisdiction of the High Court Division was under suspension at the relevant Time. This order of the Munsif was challenged in revision (CR No. 12 of 1984, Comilla) but ...... on a different ground, as stated above. In the result, the appeal is dismissed without, however, any cost. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 60. ...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Kazi Mobarak Ali .............................................Appellant Vs. Mohammad Yeasin Mazumder and others................Respondent Judgment August 29, 1990. Result: The ap...... on a different ground, as stated above. In the result, the appeal is dismissed without, however, any cost. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 60. ..Category: Others | Date: 29 Aug, 1990 | Hits: 115
Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)
....ounting to Tk. 14,25,702,00 against the Company for the period of turmoil and from the date of taking over of the Company by the Government till the date of its release. It was also found that at the relevant time goods worth about Tk. 3 lacs and odd were pledged to the bank. Upon deducting the afor......learned Company Judge. In the result, therefore, the appeal is allowed without any order as to cost. The impugned judgment is set aside and the order of the learned Company Judge restored. Ed. ...... (Civil) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Agrani Bank .............................................Appellant Vs. Bangladesh Tyres Ltd and others..............Respondents Judgment August 29, 1990. Result: The appeal......learned Company Judge. In the result, therefore, the appeal is allowed without any order as to cost. The impugned judgment is set aside and the order of the learned Company Judge restored. Ed. ..Category: Business or Commercial Law | Date: 29 Aug, 1990 | Hits: 122
MD, Bangladesh Machine Tools Factory Ltd Vs. Chairman, 2nd Labour Court & anr, 1990, 19 CLC (AD)
....on. It was not a case of no evidence at all. The petition is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) 272 This Case is also Reported in: 44 DLR (AD) (1992) 272. ......on. It was not a case of no evidence at all. The petition is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) 272 This Case is also Reported in: 44 DLR (AD) (1992) 272. ......naging Director, Bangladesh Machine Tools Factory Ltd………………………………Petitioner Vs Chairman, 2nd Labour Court and another……………...Respondents Judgment August 1......s officio from November, 1981. 4. We suppose these are futile arguments as the matter seems to be concluded by findings of fact. Respondent No. 2 not only examined himself but also filed several documents in support of his case. The petitioner, however, did not examine any witness. The Labour C..Category: Labour and Industrial Law | Date: 16 Aug, 1990 | Hits: 168
Mahbubul Alam Chowdhury and others Vs. Chaman Ara Begum and others, 1991, 20 CLC (AD)
.... all the above reasons we do not find any merit in the appeal which is dismissed without however any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121 ......nager under him on a monthly salary of Tk. 100.00 and that taking advantage of his frequent absence from Chittagong in connection with his business, the wily plaintiff obtained his signature on blank papers and manufactured a false partnership deed and created documents of title in their joint names......1991) 121 ......king advantage of his frequent absence from Chittagong in connection with his business, the wily plaintiff obtained his signature on blank papers and manufactured a false partnership deed and created documents of title in their joint names, although in actual fact there was no such joint fund and th..Category: Civil Law | Date: 14 Aug, 1990 | Hits: 121
Nannu Gazi Vs. Awlad Hossain & others, 1990, 19 CLC (AD)
....er the land. The hearing of the case was fixed for 1.7 June 1985 for framing charges. At this stage, two accused, accused No. 1 and accused No. 7, produced some papers apparently showing that, at the relevant time they were elsewhere. Papers produced by accused No.1 showed that he was engaged in con......fore the Magistrate against the accused are either so frivolous, absurd or insufficient that no useful purpose would be served by framing a charge against the accused- alibi - mere submission of some papers in support of alibi is not sufficient. The papers should be produced in evidence by witness w......ent August 14, 1990. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), Section 241A "Groundless" appearing in both the sections 241A and former section 253 means that the materials produced before the Magistrate against the accused a......t aside and it is directed that the case (GR Case No.1185 of the Court of Upazila Magistrate, Amtali) proceed according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 63. ..Category: Criminal Law | Date: 14 Aug, 1990 | Hits: 60
Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan (Md) & others, 1990, 19 CLC (AD)
.... against. This argument is also without any substance, for the appointing authorities have got power to reinstate a terminated employee on the merit of his individual case. On examination of the relevant rules and facts of the case we find that the assigning of reason for terminating not being ...... 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. ......p; others..................Respondents (In Civil Appeal No. 33 of 1990) Mosharraf Hossain Khan & others.........................Respondents (In Civil Appeal No. 34 of 1990) Momtaz Begum and others .................................Respondents (In Civil Appeal No. 35 of 1990) Sorhab...... 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
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