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Kazi Abdul Jalil Vs. Jashim Munshi and another, 1990, 19 CLC (AD)
....s to the Transitory Provision, section 35(d), which also provides a time limit for conclusion of a pending investigation, he contends that this provision is not mandatory but is purely directory. The relevant portion of section 35 of the Ordinance, that is, clause (d) is quoted below: “(...... The impugned order of the High Court Division is set aside and that of the Sessions Judge is restored. The appeal is allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ......l) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Kazi Abdul Jalil.............................Appellant. Vs. Jashim Munshi and another ………..Respondent Judgment August 6, 1990. Result: ...... The impugned order of the High Court Division is set aside and that of the Sessions Judge is restored. The appeal is allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ..Category: Criminal Law | Date: 6 Aug, 1990 | Hits: 50
Afruz Miah (Md) and another Vs. Alhaj Md. Siraj Miah, 1990, 19 CLC (AD)
....3 of 1985 affirming the order of the Subordinate Judge, Sylhet allowing the respondent's application for amendment of the plaint under Order 6 rule 17 of the Code of Civil Procedure. 2. The relevant fact that will be necessary for disposal of this appeal, is that, the deceased plaintiff Al...... 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
....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 paying all rents and taxes to the relevant authorities till to‑day. So the plaintiff has no cause of action for filing the present s......e and branches of the said Bank for safe‑guarding the interest of the creditors. Accordingly the District Authority locked and sealed the bank along with its branches and kept all the documents and papers in the safe custody of Kotwali Police Station, Mymensingh. On 28th March, 1956 the order of l......cial Bank Ltd. (in liquidation)" a banking company was incorporated in the year 1921 under the Indian Companies Act, 1913. The said Bank with all its branches suspended, its functions in August, 1948 and in 1949 the Government advised the District Magistrate, Mymensingh, to lock and seal the head of......the head office and branches of the said Bank for safe‑guarding the interest of the creditors. Accordingly the District Authority locked and sealed the bank along with its branches and kept all the documents and papers in the safe custody of Kotwali Police Station, Mymensingh. On 28th March, 1956 ..
Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
Attor Mia and another Vs. Mst. Mahmuda Khaton Chowdhury and others, 1990, 19 CLC (AD)
....s own. Hence the appeal is allowed and remanded to the High Court Division for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ......s own. Hence the appeal is allowed and remanded to the High Court Division for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ......8. ......ndent Nos. 2 and 4‑9. Fifthly, there is also no finding whether appellant No. 2 performed the formalities of the talabs and as to whether the decree can be passed in his favour as well. Lastly, two documents were executed on the same day, one for the land and another for the structures for similar..Category: Property Law | Date: 22 Jul, 1990 | Hits: 43
Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)
....‘at‑will without any transferable or heritable interest, but the word cannot be limited to a mere tenant‑at‑will under all circumstances - the subsequent history and attendant circumstances are relevant facts to be taken into consideration in determining the character of the possession –......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 appellants, further case is that the landlord granted one moka......bt indicative of a mere tenant‑at‑will without any transferable or heritable interest, but the word cannot be limited to a mere tenant‑at‑will under all circumstances - the subsequent history and attendant circumstances are relevant facts to be taken into consideration in determining the cha......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
Bijoy Kumar Basak Vs. Narendra Nath Datta & others, 1990, 19 CLC (HCD)
.... OC Suit No.111 of 1981 from the Court of the learned Subordinate Judge, Rajshahi to the Court of the learned Munsif (Now Assistant Judge), Sadar, Rajshahi for expeditious disposal. 2. The facts relevant for the disposal of the rule may be stated as follows: ‑The present opposite party No.1 S......he date of receipt of this order, in accordance with law. Let a copy of this order be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 43 DLR (1991) 68. ........Petitioner Vs. Narendra Nath Datta & others............Opposite Party Judgment July 11. 1990. Result: The Rule is discharged. A lawyer should be very vigilant and diligent in drafting applications particularly application for transfer of suits alleging bias o......he date of receipt of this order, in accordance with law. Let a copy of this order be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 43 DLR (1991) 68. ..Category: Property Law | Date: 11 Jul, 1990 | Hits: 67
Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)
....Deputy Commissioner by which the application was disposed up having been filed. 20. We have heard the learned Advocate for both the parties at length and perused the record of the case and other relevant papers and looked into the provisions of law relating to section 522 of the Code of Crimina......mmissioner by which the application was disposed up having been filed. 20. We have heard the learned Advocate for both the parties at length and perused the record of the case and other relevant papers and looked into the provisions of law relating to section 522 of the Code of Criminal Procedu......power is reflected in this order either in section 522 or in any other section of Cr. PC. the learned Additional Sessions Judge has not passed any order for re-delivery of possession of the disputed land to the informant petitioner. He has acquitted accused Idris Ali Dewan of the charge under sectio...... 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
Abdur Rouf Miah Vs. Fazlur Rahman and others, 1990, 19 CLC (AD)
....n a fair and honest manner. But he is also subject to the Election Rules. Subject to this observation the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 23. ......n an appropriate case to ensure free and fair election but this power is subject to the Election Rules. Petitioner raised no objection to any of the Presiding Officers to his counting the ballot papers nor any prayer for recounting was made. After Returning Officer consolidated the results and ...... Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdur Rouf Miah ...........................Petitioner Vs. Fazlur Rahman and others..............Respondents Judgment June 27, 1990. Result: The petiti......n a fair and honest manner. But he is also subject to the Election Rules. Subject to this observation the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 23. ..Category: Election Law | Date: 27 Jun, 1990 | Hits: 139
Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)
.... of two Miscellaneous Appeals against two awards passed by the 4th Subordinate Judge and Arbitrator, Dhaka in Land Acquisition cases under the Emergency Requisition of Property Act, 1948. 3. The relevant facts of these two appeals are that the appellants' lands were acquired by the Governme...... 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. ......R (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
....oval was passed against him, it cannot be said that the opposite party No.1 initiated the proceedings against the petitioner under the Government Servants (Discipline and Appeal) Rules, 1976. At, the relevant time when the proceedings were initiated against the petitioner no specific rules regulatin......ent with this observation the Trial Court held that the petitioner continued to be employee of the Government of Bangladesh. It appears from the judgment of the learned Subordinate Judge that various papers were produced in the Trial Court and evidence was also adduced as to the conduct of the petit......visional Jurisdiction)
Present:
Naimuddin Ahmed J
AKM Hedayetul Islam...................Petitioner
Vs.
Executive Vice Chairman, Bangladesh Agricultural Research Council and another..........Opposite Parties.
Judgment
June 20, 1990.
Result:
The Rule ...... to the effect that the petitioner was not an employee under the Government and was an employee under the Bangladesh Agricultural Research Council being permanently absorbed there. Depending on these documents the learned Subordinate Judge came to the conclusion that the, petitioner was a permanent ..
Category: Employment/Service Law | Date: 20 Jun, 1990 | Hits: 74
Dr. Naimur Rahman and another Vs. Shahbazpur Tea Co. Ltd and another, 1991, 20 CLC (AD)
....were not bonafide and stayed the applications sine die. The applications for winding up being a very serious matter, the learned Company Judge in the circumstances noticed by him, which we find to be relevant, rightly passed the impugned order for which no lawful grievance can be made. Hence, the fi......erve any useful purpose. 12. In the result, these appeals are dismissed with the observation made above. In the facts and circumstances of the case there will be no order as to costs. Ed. ...... Ed. ......erve any useful purpose. 12. In the result, these appeals are dismissed with the observation made above. In the facts and circumstances of the case there will be no order as to costs. Ed. ..Category: Business or Commercial Law | Date: 19 Jun, 1990 | Hits: 124
Sher Ali Amir Ali Virjee Vs. Eastern Industries (Bangladesh) Ltd. and others, 1990, 19 CLC (HCD)
....s absence in view of the fact that very often the respondent No.3 had to go abroad for personal reasons. Since both the directors are full brothers, on bona fide belief respondent No.3 signed so many relevant papers and bonds which might be necessary for the company. It is further stated that the gi......company to perform the ministerial duty of entering the fact on the register is clear. If a dispute can not be resolved without resorting to any other means excepting the papers and documents filed before the court, in that case the question may arise whether such an app...... (Original Civil jurisdiction) Present: Md. Mozammel Hoque J Sher Ali Amir Ali Virjee.................................... Petitioner Vs. Eastern Industries (Bangladesh) Ltd. and others.......................Respondents Judgment June 17, 1990. Result: Th......perform the ministerial duty of entering the fact on the register is clear. If a dispute can not be resolved without resorting to any other means excepting the papers and documents filed before the court, in that case the question may arise whether such an application wi..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
Atiqur Rahman Vs. AKM Fazlul Hoque, 1990, 19 CLC (HCD)
....the legality of the proceedings in Petition Case No. 299a of 1981 under section 156 (1) 14 of the Customs Act, 1969 pending in the court of the Chief Metropolitan Magistrate, Dhaka. 2. The facts relevant for disposal of the Rule may briefly be stated as follows: 3. Mr. Fakir Ashraf, Assist......case against the accused petitioner and the further submission of the learned Advocate is, that the declaration as made by him before the Customs Authority was based on his knowledge derived from the papers in connection with the consignment of exported goods from Hong Kong. The learned Advocate emp......not mentioned in the first FIR on the basis of which on completion of investigation the police submitted final report which was accepted by the learned Magistrate. Abdus Salam Master alias Salam and another Vs. The State referred. No prima facie can be based on suspicion. 28 DLR (AD) ......to the Chief Metropolitan Magistrate, Dhaka against the final report alleging, inter alia, that the Reco automatic wrist watches were brought in parcels under the cover of menthol by submitting false documents and thereby the accused‑petitioner not only violated Import Trade Control Regulations in..Category: Fiscal/Taxation Law | Date: 11 Jun, 1990 | Hits: 80
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
.... brother to re-transfer those transferred shares to him in view of the condition of his health. An admission is a statement, oral or documentary, suggesting an inference as to any fact in issue, or a relevant fact. An admission, though strong evidence against its maker, is not, however, conclusive p...... having heard about unauthorised and fraudulent transfer of most of his shares in the "Company" in favour of the appellant and his wire he wanted to examine the Records of the Company's papers, but the appellant, by a letter dated 24 April 1977, directed the officers of the Company not......e is also Reported in: 43 DLR (AD) (1991) 34. ......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)
....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. ......preme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ ME Rahman J Mustafa Kamal J Latifur Rahman J Siddik Ali being dead his heirs: Afia Rahman and others...................Appellants Vs. Nurun Nessa Khatun and others ......................ts been in possession they would not have cut away the trees. 5. The Trial Court found the evidence of DWs1 and 2 as discrepant and biased. For proving their case the defendants produced several documents. Exts. A and E are respectively the certified copies of the decree of the partition suit a..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.
...... objection petition before the Returning Officer challenging recounting but without any result that someone with the connivance of the staff of the Deputy Commissioner's office removed the ballot papers of the said 4 centres from the gunny bags, particularly the ballots cast in favour of the res......
Fazle Hussain Mohammad Habibur Rahman J
Kazi Ebadul Hoque J
Abdur Rouf Mia................................Petitioner
Vs.
The Ministry of Local Government, Rural Development and Co‑operatives and others .................Respondents
Judgment
May 24, 1990.
Up......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.
..
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. ......entary evidence viz, the deed of gift, the letter Written by defendant No. 1 on 22.2.1980 to the plaintiff seeking permission to sell 0.12 acres of land out of the disputed land, the dakhilas and the papers relating to mutation case and came to the finding that the deed of gift was void and also hel......claratory 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 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 favou....... 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)
....r @ Shamsul 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 ......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. ......nt Judgment May 20, 1990. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898); Section 498 Cancellation of bail In view of pending case and counter case the learned Judges of the High Court Division did not exercise their judicial discr......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. ..Category: Criminal Law | Date: 20 May, 1990 | Hits: 100
Fazal & others Vs. State, 1990, 19 CLC (HCD)
....gainst the Judgment 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 ......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. ......itioners Vs. The State ........................................Opposite party Judgment May 14, 1990. Result The Rule is made absolute. Every judgment shall be dated and signed by the presiding officer in open court at the time of pronouncing it. Hence putting the d......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. ..Category: Criminal Law | Date: 14 May, 1990 | Hits: 66
Aga Kohinoor Alam Vs. State and another, 1990, 19 CLC (HCD)
........Opposite 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 doc...... 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. ......vision (Criminal Revisional Jurisdiction) Present: Amin‑ur Rahman Khan J Habibur Rahman Khan J Aga Kohinoor Alam .........................Petitioner Vs. The State and another.....................Opposite Parties Judgment May 13, 1990. Result: ......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
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