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AKM Hedayetul Islam Vs. Executive Vice Chairman, Bangladesh Agricultural Re­search Council and another, 1990, 19 CLC (HCD)

....pointed as a Lower Division Clerk in the erstwhile Agricultural Research Council of Pakistan on 1.12.64. After liberation of Bangladesh he was repatriated to Bangladesh and was posted at first in the Ministry of Agriculture as an assistant and therefrom his services were placed at the disposal of th......reby set aside and those of the learned Munsif are restored although not on the same grounds. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 44. ......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 ......d in: 43 DLR (1991) 44. ..

Category: Employment/Service Law | Date: 20 Jun, 1990 | Hits: 74

Shahabullah (Md) Vs. The State, 1990, 19 CLC (AD)

....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. ......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. ......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......reme Court Appellate Division (Criminal) Present: Shabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Shahabullah (Md)...................Appellant Vs. The State .................................Respondent Judgment June 13, 1990. ..

Category: Anti-Corruption Laws | Date: 13 Jun, 1990 | Hits: 119

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. ......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. ...... 43 DLR (AD) (1991) 129. ...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Abdul Mannan and others...................Appellants Vs. Akram Ali and others....................Respondents Judgment June 6, 1990. ..

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. ......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. ......e is also Reported in: 43 DLR (AD) (1991) 34. ......34. ..

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 ......................il) 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 .................................Respondents Judgment ..

Category: Property Law | Date: 28 May, 1990 | Hits: 57

Abdur Rouf Mia Vs. Ministry of Local Government, Rural Develop­ment and Co‑operatives and others, 1990, 19 CLC (HCD)

.... (Special Original Jurisdiction) Present: 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 ......................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...... Division (Special Original Jurisdiction) Present: 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 .....

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. ....... 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......1991) 52. ..

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. ......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......1991) 40. ..

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. ...... 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: ...... High Court Division (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...

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. ...... 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......ivil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Ayesha Khatun (Musammat)................................Appellant Vs. Musammat Jahanara Begum & others ................Respondents Judgment April 1..

Category: Property Law | Date: 11 Apr, 1990 | Hits: 47

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. ......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. ......nsfer of Property Act, 1882, for vacating a suit premise shall be for six months. Section 18 of Premises Rent Control Act, 1991 puts emphasis on the bona fide requirement of the premises by the landlord. The premises in question must be required for a particular purpose.    ....... ..

Category: Property Law | Date: 5 Apr, 1990 | Hits: 74

MA Razzaque Vs. Bangladesh Election Commission, 1990, 19 CLC (HCD)

....‑General on the date of issuance of the Rule on 4.3.90, submitted that though there may be some internal arrangement that the BADC is to appoint dealers in fertilizers keeping the Government in the Ministry of Agriculture informed of the matter or af­ter obtaining clearance from the said Minis......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...... Fazle Hussain Moham­mad Habibur Rahman J Habibul Islam Bhuiyan J MA Razzaque .......................................................................................Petitioner Vs. The Bangladesh Election Commission, Sher‑e‑Bangla Nagar and Others........Respondents ..

Category: Election Law | Date: 5 Apr, 1990 | Hits: 110

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. ......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) ...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Syed Fazle Ahmed J Aftabuddin Fakir ...............................................Petitioner Vs. Sowdagar Rabi Das & others............................Opposite Parties Judgment ..

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)

..... With regard to the period between 24.2.1983 and 6.3.1985 we find from the record that this period of time was consumed by the Contractor, in their anxiety to get easy payment through con­cerned Ministry and the Martial Law Authority. There is no prescribed time limit in the Agreement as to whe...... 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:......vision (Civil Appellate Jurisdiction) Present: Muhammad Sohrab Ali J Md. Badruzzaman J M/s. Rising Sun Traders Ltd.............................................Appellants Vs. Chittagong Port Authority and another..............................Respondents Judgmen..

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. ......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. ......vision (Civil Revisional Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Bangladesh Leaf Tobacco Company Ltd........................Petitioner Vs. Md. Abdul Mannan and others.....................................Opposite Parties Judgment March 27, 1990. ......e Court High Court Division (Civil Revisional Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Bangladesh Leaf Tobacco Company Ltd........................Petitioner Vs. Md. Abdul Mannan and others.....................................Opposite Parties Judgm..

Category: Property Law | Date: 27 Mar, 1990 | Hits: 75

Zahura Khatun and others Vs. Rokeya Khatun and others, 1991, 20 CLC (AD)

....gitate the same in the absence of the respondents. 9. The appeal is, therefore, dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 98. ......gitate the same in the absence of the respondents. 9. The appeal is, therefore, dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 98. ......991) 98. ......l) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Zahura Khatun and others………..........Appellants Vs. Rokeya Khatun and others………...........Respondents Judgment M..

Category: Tenancy Law | Date: 25 Mar, 1990 | Hits: 124

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. ......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. ......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......ourt High Court Division (Appellate Jurisdiction) Present: Md. Ismailuddin Sarker J Muhammad Ansar Ali J Sheikh Salimuddin................................Appellant Vs. Ataur Rahman and others........................Respondents Judgment March 15, 199..

Category: Property Law | Date: 15 Mar, 1990 | Hits: 66

Abdur Rabban (Md) Vs. Aminul Hoque Sowdagar and another, 1990, 19 CLC (AD)

.... For the reasons stated above we do not find any merit in the appeal. The appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 19. ...... For the reasons stated above we do not find any merit in the appeal. The appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 19. ...... 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: ......nt: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdur Rabban (Md) .......................................................Appellant Vs. Aminul Hoque Sowdagar and another..........................Respondent Judgment Ma..

Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123

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. ......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......gh Court Division (Criminal Appellate Jurisdiction) Present: Syed Fazle Ahmed J Muhammad Ansar Ali J Ataur Rahman & others ...............................Appellants Vs. The State.......................................................Respondent Judgment ..

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. ...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Zakir Hossain and others…………….........Accused-Appellant Vs. The State and other...........................Respondents Judgment March 12, 1..

Category: Anti-Corruption Laws | Date: 12 Mar, 1990 | Hits: 114