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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. ......possession on the suit land. Nevertheless, the trial Court dismissed the suit on the ground that the identity of the suit land could not be ascertained in the absence of any local investigation. This decision was challenged in appeal, Title Appeal No.27 of 1981. The appellate Court while concurring ..Category: Procedural Law | Date: 6 Jun, 1990 | Hits: 107
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. ......tantive evidence, and if it is clearly and unequivocally made then it is the best evidence against the party making it and though not conclusive, shifts die onus on to its maker. He has referred to a decision in the case of Thiru John Vs. Subramanyan, AIR 1977 SC 1724 in support of this view. He had..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
Siddik Ali Vs. Nurun Nessa Khatun and others, 1990, 19 CLC (AD)
....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. ......ff was not a party to the earlier partition suit. It also discarded the judgment Ext. B because it was passed on 23.5.61 after the plaintiff's dispossession on 12.4.1961. 6. In affirming the decision of the Trial Court the Court of appeal below further considered the recital in Ext. 3, the ..Category: Property Law | Date: 28 May, 1990 | Hits: 57
....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.
......ssion.............(7)
When an administrative authority decides a matter brought before it, such authority has to act fairly and justly and if any person is likely to be affected by such order or decision of such administrative authority the person to be affected is to be given an opportunity of..
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. ......ple 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 views of mine finds support from the decision ill the case of Petherpermal Chetty Vs. Muniandy Servai 35, (Cal) 551 (PC). In this case bo..Category: Property Law | Date: 22 May, 1990 | Hits: 111
Fazal & others Vs. State, 1990, 19 CLC (HCD)
....he accused petitioners be acquitted of the charge levelled against them. The accused petitioners be discharged from their bail bonds. Ed. This Case is also Reported in: 43 DLR (1991) 40. ......nt an order dated 7.9.87 passed by the Sessions Judge, Manikgonj in Criminal Appeal No. 9/87 allowing the appeal and sending the case back on remand to the Trial Court. 2. Facts relevant for the decision of this rule am as follows: The petitioners along with the acquitted accused Gafur had..Category: Criminal Law | Date: 14 May, 1990 | Hits: 66
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. ......evertheless, this Court has no scope to say whether such allegation was true or false or will be accepted by the Court or not. The Settlement Court left the matter of criminal liability open for decision by the appropriate Court. In this situation the Court can not accept the contention that th..Category: Criminal Law | Date: 13 May, 1990 | Hits: 73
Ayesha Khatun (Musammat) Vs. Musammat Jahanara Begum & others, 1990, 19 CLC (AD)
.... 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. ......e of the pre-emptor, is directed against the judgment and order dated 6th August, 1985 of the High Court Division, Rangpur Bench, Rangpur in Civil Revision No.202 of 1983 setting aside the concurrent decision of the Trial Court and the lower Appellate Court allowing the pre‑emptor's applicatio..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. ......pugned order rejected the application holding that it was barred by limitation. 5. The learned Advocate for the petitioner submits first, that the learned Munsif committed an error of law in the decision in that the suit not having been set forth for hearing on 30.6.82 but being fixed for showi..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. ......ction of this Court and obtained 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 fail..Category: Property Law | Date: 5 Apr, 1990 | Hits: 74
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. ......, 1982 for election for the office of Chairman of a Upazila Parishad. Apart from the fact that the Appellate Authority did not distinguish between a statutory corporation and the government, its decision is also illegal because if the concerned authority has accepted the contesting candidate..Category: Election Law | Date: 5 Apr, 1990 | Hits: 110
Sonali Bank Vs. M/s Begg & Beg Jute Incorporated Limited & others, 1990, 19 CLC (HCD)
.... 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. ......45 and in AIR 1958 (Rajasthan) 145 have no application in the instant case. He has next contended that the Commercial Court has given valid reasons for disallowing the interest and therefore its decision disallowing the interest to the plaintiff is not liable to be interfered with. 7...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. ...... 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 grounds of the decision to enable them to make the higher forum and to enable the High Court to judge whether lower..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)
.... 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. ......ferred the present appeal being First Miscellaneous Appeal No. 24 of 1989. 7. Mr. Md. Mozammel Hossain, the learned advocate appearing for the appellant contractor, submits that the Judgment and decision of the Court below is illegal and unjustified as the learned Subordinate Judge did not comp..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. ......f the petitioner, that the petitioner being a person adversely affected by the judgment and decree passed by the Trial Court, the learned District Judge has Committed an error of law in his decision occasioning failure of justice in refusing leave to the petitioner to prefer the appeal. Th..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. ......avour of the plaintiff by the Court. The Court is required to come to a finding on assessment of the materials on record that the plaintiff has been able to prove his case. In support of this view, a decision in the case of Bangladesh Vs. Abdul Wadud and others reported in 25 DLR (SC) page 90 may be..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. ......r.P.C. does not stand satisfied in the instant case and as such Post‑mortem report is not admissible in the evidence and it was admitted in the evidence illegally. In support of this contention the decision in the case of State Vs. Mokbul Hossain, reported in 37 DLR 157 has been relied upon. In th..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. ......of course, disturb such finding of facts, when the law itself has made provision for resolution of such disputed question of facts through an election petition. Mrs. Rabia Bhuiyan has referred to the decision reported in 41 DLR 543 (Abu Taher Mia Vs. Fariduddin Sarker and others). In this case a que..Category: Election Law | Date: 5 Mar, 1990 | Hits: 136
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. ......tly to the Irrigation Project but ultimately it was prejudicial to the economical and financial interest of the State and as such the order of conviction u/s 16 of the Act is legal. Mr. Huq cited the decision in the case of Tamiz Hia Vs. Govt. of Bangladesh reported in 33 DLR 207 wherein it has been..Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86
Moynul Hasan and others Vs. Nazmul Haq @ Nazmul Hasan and others, 1989, 18 CLC (HCD)
.... 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. ......g the entire properties in the suit amongst the compromising parties, to the exclusion of the opposite party No.1 (defendant No.8). This speaks of suppression, even fraud. Studied in the light of the decisions cited by the learned Advocate for the opposite parties, limitation was not a material poin..Category: Limitation Law | Date: 28 Nov, 1989 | Hits: 219
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