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MA Razzaque Vs. Bangladesh Election Commission, 1990, 19 CLC (HCD)
....e contesting candidate's letter of resignation on the date of filing of nomination paper for election his nomination paper has to be accepted as he ceased to be a dealer on that date. 3. The relevant provision of section 6(2)(f) of the said Local Government (Upazila Parishad and Upazila Adm......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. ......huiyan J MA Razzaque .......................................................................................Petitioner Vs. The Bangladesh Election Commission, Sher‑e‑Bangla Nagar and Others........Respondents Judgment April 5, 1990. Result: The Rule is made a......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
Aftabuddin Fakir Vs. Sowdagar Rabi Das & others, 1990, 19 CLC (HCD)
....arriving at his own independent view in its judgment. ........ (11) The 1st Appellate Court is supposed to consider the merits of the evidence independently with a clear consciousness of relevant points which arose for adjudication. It is also to afford the parties an opportunity of kno......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. ................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 to give his own finding………............(10) ......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)
.... 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. ...... 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. ......iction) Present: Muhammad Sohrab Ali J Md. Badruzzaman J M/s. Rising Sun Traders Ltd.............................................Appellants Vs. Chittagong Port Authority and another..............................Respondents Judgment March 28, 1990. Result:......y;ten statement nor give any reply any notice of arbitration served upon them. 13. Thereafter, the Arbitrator by Order No. 2 dated 22.11.1986 directed both the parties to submit their supporting documents. The Contractor submitted the copies of the documents in support of their case on 30...Category: Alternative Dispute Resolution | Date: 28 Mar, 1990 | Hits: 176
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. ......ps were taken by that time. The learned Advocate then told the plaintiff that he (plaintiff) had received back the bainapatra and the receipt. The plaintiff thereafter tried to find out the aforesaid papers but could not. The facts of non‑availability of the bainapatra was known to all includ......ivision (Appellate Jurisdiction) Present: Md. Ismailuddin Sarker J Muhammad Ansar Ali J Sheikh Salimuddin................................Appellant Vs. Ataur Rahman and others........................Respondents Judgment March 15, 1990. Result: T......from the plaintiff'. It is also alleged that the plaintiff did not cultivate the suit land as bargadar under this defendant that the alleged bainanama and the receipt are all false and fabricated documents. This defendant never received the earnest money of Tk. 10,000/‑ or the additional payme..Category: Property Law | Date: 15 Mar, 1990 | Hits: 66
Abdur Rabban (Md) Vs. Aminul Hoque Sowdagar and another, 1990, 19 CLC (AD)
.... 9. An admission is defined in section 17 of the Evidence Act as follows:- "17. An admission is a statement, oral or documentary, which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons, and under the Circumstances, hereinafter men......No. 2 cannot now resist execution on the false story of attornment to his own, son the plaintiff. 5. Both the trial Court and the first appellate Court on an examination of the plaintiff’s papers and documents relating to the auction sale and the litigations following there from carne to ...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdur Rabban (Md) .......................................................Appellant Vs. Aminul Hoque Sowdagar and another..........................Respondent Judgment March 15, 1990. Result: ......t now resist execution on the false story of attornment to his own, son the plaintiff. 5. Both the trial Court and the first appellate Court on an examination of the plaintiff’s papers and documents relating to the auction sale and the litigations following there from carne to hold that t..Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123
Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....er for killing the victim Rafiq and that he had been implicated in this case out of previous grudge. 37. Defence of Nur Siddique Sarkar is that he is an employee of Janata Bank, Dhaka and at the relevant time he was in, Dhaka attached to Regional Office of Mauchak Market and that he used to wor......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. ......sar Ali J Ataur Rahman & others ...............................Appellants Vs. The State.......................................................Respondent Judgment March 12 and 14, 1990. Result: Both the appeals are dismissed. Evidence can not be rejected fo......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. ..Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65
Zakir Hossain and others Vs. The State and other, 1990, 19 CLC (AD)
....tan Magistrate, Dhaka is stayed till the disposal of Title Suit No.159 of 1987 of the First Court of Subordinate Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ......tan Magistrate, Dhaka is stayed till the disposal of Title Suit No.159 of 1987 of the First Court of Subordinate Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ......DLR (AD) (1991) 118. ......of Criminal Procedure to take cognizance of alleged offences except on the complaint in writing of that Civil Court. The civil suit was instituted before the filing of the FIR and the questioned documents in their originals are yet to be produced and examined by the Civil Court the criminal pro..Category: Anti-Corruption Laws | Date: 12 Mar, 1990 | Hits: 114
Abdul Momen Bhuiyan Vs. Haji Payez Ali Mia and others, 1990, 19 CLC (HCD)
....e "B" to the petition, two months' time for repayment of the rest. Thus, it is argued that in view of the provision of section 62 of the Contract Act as well as the language used in the relevant disqualification clause the petitioner cannot be said to be a defaulter of the loan. Thus, ......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. ...... Islam Chowdhury J Abdul Momen Bhuiyan…………………………………….Petitioner Vs. Haji Payez Ali Mia and others.......................Opposite Parties Judgment March 5, 1990. Result: ......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. ..Category: Election Law | Date: 5 Mar, 1990 | Hits: 136
Moynul Hasan and others Vs. Nazmul Haq @ Nazmul Hasan and others, 1989, 18 CLC (HCD)
....rule 13, CPC if a party satisfies a court that summons were not duly served upon him, the Court shall be bound to set aside such an ex parte decree. In such a case question of knowledge is not at all relevant and decree will be set aside even if the defendant had knowledge of institution of a suit. ...... 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. ...... Case is also Reported in: 43 DLR (1991) 82. ...... 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. ..Category: Limitation Law | Date: 28 Nov, 1989 | Hits: 219
Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)
....en she was deposing before the Court she was in judicial custody. 14. About 3 years before she married Nawshed and about 12 months she lived with Nawshed as his wife. She was not pregnant at the relevant time. While she was in custody some persons on behalf of Nawshed and some other persons o......ce by us. In the result, this appeal is dismissed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ......ondents Judgment August 16, 1989. Result: This appeal is dismissed. Cases Referred to- Firoza Begum Vs. Hormuz Ali & another, 40 DLR 161; Abdul Halim Mollah alias Monohar Mollah and another Vs. The Member, Appellate Tribunal, Dhaka and others, 34 DLR (AD) 309; Abbas Bahara and ......ce by us. In the result, this appeal is dismissed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ..Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153
Manindra Kumar Malakar Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....orically found by the Special Tribunal that at the time of occurrence that is in 1986 the detenu was aged in between 16 and 17 years. Since the Tribunal found her age in between 16 to 17 years at the relevant time, she was major under section 361 of the Penal Code and as such she should not be hande......ound her age in between 16 to 17 years at the relevant time, she was major under section 361 of the Penal Code and as such she should not be handed over to her father. 10. Let us now examine the papers which the petitioner has annexed with his application in support of his averments that his da......Result: This Rule is discharged. In the present case it has been categorically found by the Special Tribunal that at the time of occurrence that is in 1986 the detenu was aged in between 16 and 17 years. Since the Tribunal found her age in between 16 to 17 years at the relevant time, she w......e copy of this order be communicated to the Deputy Commissioner, Gazipur and the Jailor, Gazipur District Jail at once for compliance. Ed. This Case is also Reported in: 43 DLR (1991) 71. ..Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104
Circle Officer, Sutrapur Vs. Mohammad, 1989, 18 CLC (HCD)
....e duly considered and comparatively speaking in the case of the Government in such matter various authorities, formalities and complications including allocation of budget and sanction of fund by the relevant Ministry under a particular head are involved and as such Government requires longer time i...... the Rule is made absolute without any order as to cost. Let a copy of this judgment be sent to the District Judge, Dhaka immediately. Ed. This Case is also Reported in: 43 DLR (1991) 84. ......Petitioner Vs. Mohammad ...................................Opposite Party Judgment August 9, 1989. Result: The Rule is made absolute. Same privilege of government and citizens for filing appeal for delay condonation The law is the same for the Government as ...... the Rule is made absolute without any order as to cost. Let a copy of this judgment be sent to the District Judge, Dhaka immediately. Ed. This Case is also Reported in: 43 DLR (1991) 84. ..Category: Limitation Law | Date: 9 Aug, 1989 | Hits: 178
Sree Birendra Nath Singh and others Vs. Md. Mokbul Shah and others, 1989, 18 CLC (HCD)
....erference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court‑records at once. Ed. This Case is also Reported in: 43 DLR (1991) 77. ......erference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court‑records at once. Ed. This Case is also Reported in: 43 DLR (1991) 77. ...... This Case is also Reported in: 43 DLR (1991) 77. ......the genuineness of which suspicion may arise because it was produced at the late stage of the suit……………. (7 & 8) Court’s wide discretion in receiving documents Court enjoys wide discretion with regard to the reception of document which was not p..Category: Property Law | Date: 2 Aug, 1989 | Hits: 78
Ziaul Hoque Vs. Election Commission, 1990, 19 CLC (HCD)
....ner has not impleaded the Government in this writ petition. The petitioner being the sitting Chairman of the Nabinagar Upazila Parishad and an important public figure of the locality at the relevant time must have knowledge of the delimitation of area not only from the time of the proceedi...... evidence such as his SSC Examination Certificate and entry of this age against his name in the electoral rolls of 1983 and as no objection was raised on 18.2.90 at the time of scrutiny of nomination papers by any of the contesting candidates to such acceptance of nomination paper of the r......ue J Ziaul Hoque........................................................................................Petitioner Vs. The Election Commission, Sher‑e‑Bangla Nagar, Dhaka and others ............Respondents Judgment May 30, 1990. Result: The Rule is di...... is discharged with compensatory cost of Tk. 5,000/‑ (Taka five thou sand) only to be paid to the respondent No. 5 by the petitioner. Ed. This Case is also Reported in: 43 DLR (1991) 9. ..Category: Election Law | Date: 14 Jun, 1989 | Hits: 98
Ananda and others Vs. State, 1989, 18 CLC (HCD)
....compelled to move from one place to another at a dagger point, the threat to life haunting the girl althrough. But as to persons joining subsequently the judgment delivered by Nawalkishore, CJ in the relevant portion held thus:- "The learned Government advocate urged lastly that since the offence......not wanted in connection with any other case. The suo motu Rule for enhancement is discharged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533.......Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533.......not wanted in connection with any other case. The suo motu Rule for enhancement is discharged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533...Category: Women and Children | Date: 24 May, 1989 | Hits: 143
Hazrat Ali & Abdur Rahman Vs. State, 1989, 18 CLC (HCD)
....hy;ment for life. The Evidence Act, 1872 (Act No. I of 1872); Section 27 The Code of Criminal Procedure (V of 1898); Section 164, 342 and 364 Discovery of the dead bodies are relevant fact for finding out the clue The confessional statement by condemned prisoner made be......ak, Tapan Kumar, brother of the deceased Sapan Kumar and another came to Bogra to enquire about the truck He found his truck at Gohail on Bogra-Natore road and identified the truck and found the papers relating to the truck inside the vehicle. It was found that there was an attempt to change th...... Commutation of the sentence of death to imprisonment for life. The Evidence Act, 1872 (Act No. I of 1872); Section 27 The Code of Criminal Procedure (V of 1898); Section 164, 342 and 364 Discovery of the dead bodies are relevant fact for finding out the clue The c......the defence. The evidence of P.W.1 has been corroborated by the evidence of P.W.2 Ta-pan and supported by the facts that the truck was found to have been lying at Gohail on Bogra-Natore road with the documents of ownership therein and the motor accident case No.17/72 was started in Bogra police..Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152
....ision reported in 40 DLR at page 236 in the case of Md. Sultan Miah Vs. Sree Haradhan Saha & ors.
13. Having regard to my above discussions on the facts and circumstances of the case and the relevant laws, I do not find any substance in the submissions of the learned Advocate for the petiti......order as to costs. The order of stay is vacated.
Let the suit be disposed of in accordance with law as expeditiously as possible.
Ed.
This Case is also Reported in: 43 DLR (1991) 79.
...... (1991) 79.
......order as to costs. The order of stay is vacated.
Let the suit be disposed of in accordance with law as expeditiously as possible.
Ed.
This Case is also Reported in: 43 DLR (1991) 79.
..
Category: Employment/Service Law | Date: 18 Apr, 1989 | Hits: 87
Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
....operty and seeking aid for getting possession by evicting the plaintiff there from. The defendant No.4 sent the petition to the Sub-Divisional Officer, Sadar (North) for enquiry and after enquiry the relevant Magistrate directed the plaintiff to vacate the suit land and to hand over possession of th......and the appeal is allowed without any order as to cost and the suit is dismissed. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 467.......eries Vol. 7 page; 34 AIR 1958 Punjab 335; ILR Pat, Vol. 25 412; Azad Jammu & Kashamir, PLD 1960 page 26; 265 DLR 490. Lawyers Involved: Habibul Islam Bhuiya, Advocate - For Appellant. Khandker Mahbubuddin Ahmed - For Respondent. Appeal from Original Decree No. 59 of 1981. Judgmen......and the appeal is allowed without any order as to cost and the suit is dismissed. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 467...Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
....t be sent at once to the Sessions Judge and the Deputy Commissioner, Narayanganj and also to the Upazila Magistrate Araihazar Upazila.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 79. ......ommissioner, Narayanganj to make her over to the custody of her father the petitioner Sukhendra Chandra Das of Village Sultan Sadi, Upazila Araihazar, District Narayanganj.
13. From perusal of the papers filed by the parties it is found that the Sessions Judge, Narayanganj while dealing with th......990) 79. ......t be sent at once to the Sessions Judge and the Deputy Commissioner, Narayanganj and also to the Upazila Magistrate Araihazar Upazila.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 79. ..
Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
....ion of the Bank. It was further held that Bank's failure to take steps against the defendants indicated that there was collusion between the Bank and the defendants. 32. After examination of the relevant documents, namely, photo copy of the pledge of goods, the authorisation letter given by r...... 09,853.07 on 23rd November, 1983. In order to realise the outstanding loan the Bank decided to dispose of the pledged scrapped materials through auction and published a tender notice in daily news papers on 11.11.1983 and 12.11.1983. While the Bank was taking steps to sell the pledged ship-scraps......ult: The appeal is dismissed. The Contract Act, 1872 (IX of 1872), section 170 The Code of Civil Procedure, 1908 (V of 1908), Order 38, rule 5 From the facts and circumstances of the case I have got no hesitation to hold that the plaintiff knew about the def......ase of the appellant that he was a bailee of the ship-scraps. The appellant's case has al through been that no pledge of the scraps has been created in favour of the Bank, but after consideration the documents and oral evidence adduced in the case the High Court Division held that the scraps of the ..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
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