Search Options
Judgment Advanced Search
Displaying 1001-1020 of 5707 results.
Badsha Mia and others Vs. Abdul Latif Majumder and others, 1990, 19 CLC (AD)
....a on 12.8.85 in Civil Rule No. 392(F) of 1983 (Contempt) arising out of First Appeal No. 222 of 1981 convicting each appellants for contempt of court and sentencing each of them to suffer simple imprisonment for 7 (seven) days. Appellant No.1 was sentenced to pay a fine of Tk.1,000/-, in default to ......ond forthwith. The Deputy Commissioner, Comilla will report compliance of the order of this Court within 2(two) months from date. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 10. ......ond forthwith. The Deputy Commissioner, Comilla will report compliance of the order of this Court within 2(two) months from date. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 10. ......se is also Reported in: 43 DLR (AD) (1991) 10. ..Category: Criminal Law | Date: 30 Jul, 1990 | Hits: 59
Abdur Rahman Mondal and others Vs. State, 1990, 19 CLC (AD)
....rough the judgment of the Appellate Court. The learned Additional Sessions Judge found that PW 1, the informant, was not an eye-witness to the occurrence. PW 2 is a labourer. PW 3 is an unemployed person. PW 4 has filed a Criminal Case against appellant No. 2. PW 5 recorded the FIR and PW 6 is the 1......ellate Court for re‑hearing and disposal on the basis of the existing evidence on record in accordance with law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17. ......ondent Judgment July 23, 1990. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), Section 423 Whether an appellate court can order retrial of a criminal case when evidence on record are sufficient to decide the appeal only to give an......e Court Appellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdur Rahman Mondal and others.............Appellants Vs. The State..........................................Category: Criminal Law | Date: 23 Jul, 1990 | Hits: 52
Attor Mia and another Vs. Mst. Mahmuda Khaton Chowdhury and others, 1990, 19 CLC (AD)
....t Appellate Court. The High Court Division ought to have considered whether issues of fact contained therein were specifically raised in the Trial Court and in the first Appellate Court - If not so raised, the revisional Court was not obliged to entertain issues of fact for the first time in re......f it found that there was gross misreading of important evidence on record, but not on the ground that there was mis-appreciation of the evidence. Consequently the order of remand on this point was uncalled for. The High Court Division did not give any direction to take additional evidence. That mak......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. ..Category: Property Law | Date: 22 Jul, 1990 | Hits: 43
Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)
....Dasi..............................Respondent Judgment July 17, 1990. Result: The appeal is dismissed. The Bengal Tenancy Act, 1885, Section 103B Whether entry of a person’s name in the record of right as ‘Dakhalkar’ will mean that for all time to co......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. ......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. ......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..Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115
Idris Ali Bhuiyan Vs. Enamul Haque and another, 1990, 19 CLC (AD)
.... respondents as the defendants, inter alia, (a) For a decree declaring that the Schedule sale deed No. 14705 dated 8.8.1972 is adjudged as void, delivered up and cancelled and declaring that the so‑called sale deed transferring to the defendant No. 1 2 annas 6 gondas 2 Karas and 2 karanti sha......ondents as the defendants, inter alia, (a) For a decree declaring that the Schedule sale deed No. 14705 dated 8.8.1972 is adjudged as void, delivered up and cancelled and declaring that the so‑called sale deed transferring to the defendant No. 1 2 annas 6 gondas 2 Karas and 2 karanti share of......ime. It was observed that in view of the circumstances of the case, there arises the question of the suit being barred by limitation but even then the suit was sent on remand to the Trial Court for retrial. 5. Both the parties having felt aggrieved by the appellate order came up in revision to ......on (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Idris Ali Bhuiyan ...........................Petitioner Vs. Enamul Haque and another....................Respondents Judgment July 17, 1990. Result: The r..Category: Property Law | Date: 17 Jul, 1990 | Hits: 30
Bijoy Kumar Basak Vs. Narendra Nath Datta & others, 1990, 19 CLC (HCD)
....trict Judge should not and shall not allow the application for transfer of a suit which is biased without giving specific finding......... (9) Power of the District Court under section 24 CPC is somewhat of an administrative nature and also discretionary and in suitable cases the District Judge......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. ......f the same. On 18.8.84 on behalf of the defendant opposite party No.1 an application was filed for adjournment of the hearing of the application, as his engaged senior lawyer was busy in conducting a trial in the Sessions Court. Of course, some other lawyers were present on half of the defendants bu........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..Category: Property Law | Date: 11 Jul, 1990 | Hits: 67
Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)
....................................Petitioner Vs. The State..............................................Opposite Party Judgment June 27, 1990. Result: The Rule is made absolute The power of the Appellate Division to pass an order for re-delivery of possession to th...... 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. ......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..Category: Criminal Law | Date: 27 Jun, 1990 | Hits: 110
....ner
Vs.
Executive Vice Chairman, Bangladesh Agricultural Research Council and another..........Opposite Parties.
Judgment
June 20, 1990.
Result:
The Rule is made absolute
Prior notice with date of hearing for enquiry should be served to the petitioner.
I......earch Council either for appointing or promoting him to that post and he was assured by the said Agricultural Research Council Authorities that his case would be favourably considered and he would be called for an interview. Ultimately he was not called for the interview but somebody else was called......n error of law which adversely affected the right of the petitioner causing serious failure of justice.
14. There will be no point in sending back the case to the learned Subordinate Judge for retrial for consideration of the aforesaid point as the illegality committed by opposite party No. 1 i......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 ..
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)
....o.2 was running the affairs of the companies by‑passing the Board of Directors in the name of an illegally constituted Executive Committee, that the companies' funds had been diverted to the personal gain of respondent No. 2 and that thereby the companies defaulted in paying the loans incurred......s expressly taken in these petitions. Even new facts cannot be incorporated by amendment in the existing applications for winding up and on that score as well the revival of these applications is not called for. The appellants can file fresh applications for winding up new or continuing causes of ac......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. ..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)
....n fact the owners. In such a case non production of scripts will not debar the transferee from getting his name registered in the company as its share holder. When there is no dispute as to a person being, or having ceased to be a member, the summary jurisdiction under this section to compel th......mind. 24. In order to ascertain whether any member is willing to purchase a share at the fair value, the person whether a member of the company or not proposing to transfer the same (hereinafter called the retiring member) shall give a notice in writing (hereinafter described a sale notice) to ......3 to Dhaka on 22nd March, 1986, Thereafter the petitioner Mr. Sherali Amir Ali Virjee, who is a notorious person and a leader of local mastaans, in presence of respondent No.3, illegally removed industrial raw materials as well as finished products and cash of Tk.75 lacs from the factory premises of...... (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..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
Shahabullah (Md) Vs. The State, 1990, 19 CLC (AD)
.... Dhaka passed in Special Case No. 9 of 1981 convicting the accused‑petitioner under section 161 of the Penal Code read with section 5(2) of Act II of 1947 and sentencing him to suffer rigorous imprisonment for one year. 2. The prosecution case, in brief, is that the appellant, Secretary‑inâ......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. ......given. There may be cases where the Court will look for independent corroboration and Equally there may be cases where the Court may accept the evidence of the trap witnesses. In the instant case the trial Court as well as the Appellate Court unhesitatingly accepted the prosecution evidence as to th......erial particulars, such principle cannot be extended to the evidence of trap witnesses, because the latter cannot be termed as accomplices. With regard to corroboration of trap witnesses no hard and fast rule or guidance can be given. There may be cases where the Court will look for independent..Category: Anti-Corruption Laws | Date: 13 Jun, 1990 | Hits: 119
Atiqur Rahman Vs. AKM Fazlul Hoque, 1990, 19 CLC (HCD)
....) 38 and 27 DLR (AD) 29 cited. In the first case under reference three categories of case have been mentioned where the court can quash a pending legal proceeding (1) Where the facts alleged are so preposterous that they cannot from the basis of any prima facie case; (2) the cases where there i......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. ......distinguished from the one that was before that court inasmuch as we have already found that there is a prima facie case here and there is material to sustain such prima facie case for the purpose of trial. 13. Mr. Lutfar Rahman Majumder, the learned Advocate appearing for the Customs Authority......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) ..Category: Fiscal/Taxation Law | Date: 11 Jun, 1990 | Hits: 80
Abdul Mannan and others Vs. Akram Ali and others, 1990, 19 CLC (AD)
....venient to all if the Revisional Applications are heard by any appropriate Bench of the High Court Division at Dhaka, instead of by any Bench at Comilla or Sylhet Session. This submission is quite reasonable. The Registrar is directed to put up the matter to the Chief Justice for necessary order as ......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. ...... Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order XLI Rule 23 Whether there was any necessity for remanding the case to the Trial Court for re‑trial when there was concurrent finding of the two courts below in respect of possession and the ent...... 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)
....ications under the Civil Procedure Code and that the application for rectification of a share‑register under s. 38 is left to be governed by the general principle that it shall be filed within a reasonable time and not after inordinate delay. What is a reasonable time or an inordinate delay is lef......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. ......s shares, filed the applications falsely claiming rectification of the share‑register. The applications were also resisted on the grounds of waiver, acquiescence and limitation. 4. During the trial of the applications which were also heard analogously, both parties led evidence in support of......e 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)
.... assent of the landlord creates an implied contract, and a tenancy by holding over is constituted. Such a tenancy cannot be created by the tenant’s continuance of possession alone. There must also be the assent of the landlord- assent may be expressed or implied. It may be evidenced by accepta......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 ..................Category: Property Law | Date: 28 May, 1990 | Hits: 57
....he Election Commission to order repoll in those centres after canceling the Gazette Notification in question.........(5)
It is mandatory for the Election Commission to publish the name of the person declared elected as Chairman by the Returning Officer in the Official Gazette and has no arbitra......ected publication of the result of the said election already sent by the Returning Officer to the Election Commission on 27.3‑90 in the Official Gazette curiously favouring the petitioner with an uncalled for, perverse and biased observation that the Chief Election Commissioner would have consider......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.
......
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..
Category: Election Law | Date: 24 May, 1990 | Hits: 101
AH Shamsuddin Ahmed Vs. Begum Arafat & others, 1990, 19 CLC (HCD)
....22, 1990. Result: The Rule is discharged. It is settled principle 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 view was supported in the case of Pethen Permal Chetty Vs Muni....... 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. ......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..Category: Property Law | Date: 22 May, 1990 | Hits: 111
Bakul Howlader @ Shamsul Alam Vs. The State, 1990, 19 CLC (AD)
....hat altercation Victim Modeb was killed by a gunshot injury at about 5.30 AM on 26.6.88. On the next day a First Information Report was lodged by Mainuddin Faraji, brother of the victim against 15 persons including the present appellant Bakul Howlader. The primary allegation in the First Information......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 ......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..Category: Criminal Law | Date: 20 May, 1990 | Hits: 100
Fazal & others Vs. State, 1990, 19 CLC (HCD)
....thers ..................................Petitioners 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 ......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. ...... 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......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..Category: Criminal Law | Date: 14 May, 1990 | Hits: 66
Ayesha Khatun (Musammat) Vs. Musammat Jahanara Begum & others, 1990, 19 CLC (AD)
....of law that the cause of action under section 96 of the State Acquisition and Tenancy Act accrues on the date of the registration of the deed of sale (under pre‑emption), when registration is compulsory ‑ This is because the right of pre‑emption arises on the completion of the transfer. It cou...... 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. ............Appellant Vs. Musammat Jahanara Begum & others ................Respondents Judgment April 11, 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), S..Category: Property Law | Date: 11 Apr, 1990 | Hits: 47
17321735175217451733503450325028178550311728502917721741172950105030173450261731