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Afruz Miah (Md) and another Vs. Alhaj Md. Siraj Miah, 1990, 19 CLC (AD)
....ed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 1(a) to 1 (e). Not Represented - Respondent Nos. 2‑8. Civil Appeal No. 85 of 1989. (From the judgment and order dated 29.8.1989 passed by the High Court Division, Sylhet Bench in Civil Revision No. 103 of 1985). ...... 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. ...... Judgment August 5, 1990. Result: The appeal is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order 6 rule 17 This is not substitution of one cause of action for another, but a consolidation, of all‑wrongs allegedly done to the deceased plaintiff - It will..Category: Procedural Law | Date: 5 Aug, 1990 | Hits: 91
Abdul Hai Sikder and another Vs. State, 1990, 19 CLC (AD)
....s. B Hossain, Deputy Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Respondent (State). Criminal Appeal No.19 of 1988. (From the judgment and order dated 29.6.66 passed by the High Court Division, Dhaka in Criminal Appeal No.47 of 1985). Judg...... fullness and completeness are enough to justify the conviction. We find no merit in this appeal. Hence the appeal is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) 95. ......es and medical evidence on record and remains unshaken by cross examination. Lawyers Involved: Khandker Mahbub Hossain, Senior Advocate, instructed by M Nowab Ali, Advocate-on–Record for the Appellants. B Hossain, Deputy Attorney-General, instructed by Mvi. Md. Wahidullah, Adv..Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 91
Badsha Mia and others Vs. Abdul Latif Majumder and others, 1990, 19 CLC (AD)
....ate instructed by Md. Sajjadul Huq, Advocate-on-Record - For the Respondent No. 3. Ex parte - Respondent Nos. 1-2 and 4-12. Criminal Appeal No. 39 of 1985. (From the Judgment and order dated 12th August, 1985 passed by the High Court Division Comilla Bench, Comilla in Civil Rule No. 3......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. ...... be recorded in deciding the question of Contempt of Court in the absence of denial of allegations There being no specific denial of the incident as alleged by the respondents in their petition for issuing a Rule for contempt of Court the learned Judges of the High Court Division correctly fou..Category: Criminal Law | Date: 30 Jul, 1990 | Hits: 59
....bullah looked after the affair of the bank in liquidation 31st August, 1971 when Bangladesh Bank took over the charge of the affairs of the said Bank as Official Liquidator as per order of this Court dated 26th July, 1977. At the time of handing over charge Mr. Shehabullah could not hand over many o......and interest in the suit property. The Income Tax of the bank‑in‑liquidation fell in arrear and for realisation of income tax, the Income Tax Certificate Case No. 552 of 1954‑55 was started and notice under section 7 of the Public Demands Recovery Act was served upon the plaintiff bank on the ......k 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 office and branches of the said Bank for safe‑guarding the interest of the creditors. Accordingly the District Authority locked and sea..
Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
Attor Mia and another Vs. Mst. Mahmuda Khaton Chowdhury and others, 1990, 19 CLC (AD)
....e with him) instructed by Shamsul Haque Siddique, Advocate-on-Record-For the Respondent No. 1. Ex parte -Respondent Nos. 2-8. Civil Appeal No.18 of 1988 (From the Judgment and Order dated 14.5.87 passed by the High Court Division Sylhet Session in Civil Revision No.66 of 1986). ...... and where an appellate judgment is assailed in the revisional Court on the specific ground of misreading important evidence on record, the revisional Court is, fully clothed with necessary powers to notice the alleged misreading and set aside the judgment of the first Appellate Court, if necessary.......ther 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 revision. As for issues of law and mixed question of fact and law the revision..Category: Property Law | Date: 22 Jul, 1990 | Hits: 43
Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)
....the Appellants. Golam Rabbani, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Respondent. Civil Appeal No. 15 of 1986. (From the Judgment and Decree dated 10.12.84 passed by the High Court Division, Rangpur Bench in Second Appeal No.162 of 1974). ......the Patta Ext. F no dakhila was granted in his favour nor did he pay any rent to Shantikana. Golap could not have been considered as a tenant from year to year holding over. The first Appellate Court noticed and accepted as important the recital in the patta, Ext. F to the effect that the present oc...... 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 come he will continue as a tenant at will Ordinarily, the word "Dakhalkar..Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115
Idris Ali Bhuiyan Vs. Enamul Haque and another, 1990, 19 CLC (AD)
....vocate, Supreme Court instructed by Sharifuddin Chaklader, Advocate-on-Record - For the Respondents (in both the petitions). Civil Review Petition Nos. 11 and 12 of 1990. (From the Judgment dated 19 April, 1990 passed by the Appellate Division in Civil Petition Nos. 470 and 471 of 1989). ......d that can at times also be exercised to do full and effective justice in a case. Hence, the review petitions are dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 12. ......tified Review of a judgment can be made where there is an error apparent on the face of the record or that the attention of this court was not drawn to any particular statutory provision of law for which an error has crept in the judgment. Since the vendor of the plaintiff had knowledge of the..Category: Property Law | Date: 17 Jul, 1990 | Hits: 30
Bijoy Kumar Basak Vs. Narendra Nath Datta & others, 1990, 19 CLC (HCD)
....arty No. 1. Civil Revision No.53 of 1987. Judgment Muhammad Ansar Ali J. - This Rule issued at the instance of the plaintiff Petitioner is directed against the judgment and order No.12 dated 26.12.84 passed by the learned District Judge, Rajshahi in Miscellaneous Case No.121 of 1984 u......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. ..............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 of a judge. AIR 1963 (Pat) 353 and PLD 1955 PC 185 cited.....Category: Property Law | Date: 11 Jul, 1990 | Hits: 67
Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)
....onviction is, on the face of it, without jurisdiction, being beyond the time specified in the section. Magistrate has no jurisdiction to pass order of restoration after the expiry of 30 days from the date of the conviction. 38 Cr LJ 981 cited. The order of resptoration of property may be made b...... 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. ......e..............................................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 the person acquitted on appeal must be an express power. Surprising..Category: Criminal Law | Date: 27 Jun, 1990 | Hits: 110
Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)
....pondent No. 1 (In Civil Appeal No. 15 of 1990). Not Represented- Respondent Nos.2-14 (In Civil Appeal No.15 of 1990). Civil Appeal Nos.13 and 14 of 1990 (From the Judgment and order dated 27.8.86 passed by the High Court Division, Dhaka in Appeal from Original Order No.239 of 1986 ......case of Mangu Ram Vs. Delhi Municipality, reported in AIR 1976 Supreme Court 105, the position of law in this regard before and after amendment of section 29(2) of the Limitation Act has been clearly noticed. 6. In Bangladesh there has been no amendment of the Limitation Act extending the scope......hich prescribes a different period of limitation as provided under Schedule 1 of the Limitation Act. Whether section 5 of the Limitation Act will apply in the case of special or local law is a matter for the legislature to decide. As law of limitation stands today, it is undisputed that a plain read..Category: Limitation Law | Date: 25 Jun, 1990 | Hits: 176
....ice 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.
In hearing of an enquiry the pr......
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.
In hearing of an en......ngladesh 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.
In hearing of an enquiry the presence of the pe..
Category: Employment/Service Law | Date: 20 Jun, 1990 | Hits: 74
Sher Ali Amir Ali Virjee Vs. Eastern Industries (Bangladesh) Ltd. and others, 1990, 19 CLC (HCD)
....t No.3 has fully affirmed the statements made by the petitioner in the application as well as in the affidavit‑in‑reply. The respondent No.3 had admitted his gift of 1300 shares and the affidavit dated 10.4.86 and also the instrument of transfer executed by him in favour of his son. He had also ......her 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 the Company that he desires to sell the s...... In a case where a private limited company is a family company it is not at all necessary to produce the script. Here in this case the respondent no 3, brother of respondent no. 2, was holding the aforesaid 1300 shares. It is not at all necessary to produce the same before the respondent No. 2, th..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....on-Record–For the Respondent No.1 (In Civil Appeal Nos.42 to 44 of 1986). Not represented-Respondent Nos.2-5. Civil Appeal Nos.39 to 44 of 1986. (From the judgments and orders dated 23.4.1986 passed by the High Court Division, Dhaka, in Company Appeal Nos. 5, 6, 7 of 1985). ......C), pages 405 and 605. His other ground is that even if Ext. L is an admission; it is irrelevant in this case in view of the bar under section 23, Evidence Act. As to the first ground, I have already noticed that Ext. L is vague and ambiguous. As to the bar of sec. 23, this section provides that no ....... Result: The appeals are dismissed. The Companies Act (VII of 1913); Sections 38 & 40 When both parties have led all their evidence and the facts involved in the applications for rectification of the share registers are not of complicated nature, the same can be disposed of ..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
Siddik Ali Vs. Nurun Nessa Khatun and others, 1990, 19 CLC (AD)
.... by Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 1 to 10. Ex parte -Respondent Nos. 2 to 9(a) to 9(J), 11 to 15. Civil Appeal No. 21 of 1985. (From the judgment and decree dated 13.10.83 passed by the High Court Division, Comilla Bench, in Second Appeal No. 94 of 1968). ......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. ......sor dissents or does not assent either expressly or impliedly there cannot be any holding over. Absence of dissent will not necessarily imply assent, but from the tenant’s continuous possession for a long period, without any contrary indication from the landlord, may in certain circumstances c..Category: Property Law | Date: 28 May, 1990 | Hits: 57
....lection Commissioner enjoys the power to order repolling in the disputed polling centres. Even after the deletion of Rule 68 he has jurisdiction to decide a disputed question of fact raised by a candidate and this court in the exercise of its writ jurisdiction should assume the allegation of the pet...... irregularity and corrupt practices in the conduct of the election and prayed for recounting of votes and the Chief Election Commissioner without making any enquiry and without issuing any show cause notice on Respondent No.10 most arbitrarily and capriciously by order dated 27.3.90 (Annexure‑III ......nts
Judgment
May 24, 1990.
Upazila Parishad (Election of Chairman) Rules, 1983; Rule 38(3)
In case of any grievance the petitioner shall raise objection before the Presiding Officer or pray for recounting the ballots. In this case the petitioner filed an ..
Category: Election Law | Date: 24 May, 1990 | Hits: 101
Fazal & others Vs. State, 1990, 19 CLC (HCD)
.......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 time of pronouncing it. Hence putting......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. ......statement of the accused in accordance with the provisions of law. It imposes a duty on the court to question the accused properly and fairly so as to bring home to him the exact case. It is intended for the protection and benefit of the accused and not in order to enable the prosecution to find out..Category: Criminal Law | Date: 14 May, 1990 | Hits: 66
Ayesha Khatun (Musammat) Vs. Musammat Jahanara Begum & others, 1990, 19 CLC (AD)
....Tenancy Act, 1950 (XXVIII of 1951), Section 96 The Registration Act, 1908 (XVI of 1908), Section 47 Whether right to sue i.e. cause of action to file a case for pre-emption arises from the date of execution or registration of the transfer deed under pre-emption - Whether right to defend s...... 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. ...... The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), Section 96 The Registration Act, 1908 (XVI of 1908), Section 47 Whether right to sue i.e. cause of action to file a case for pre-emption arises from the date of execution or registration of the transfer deed under pre-emp..Category: Property Law | Date: 11 Apr, 1990 | Hits: 47
Sonali Bank Vs. Nurul Kader and another, 1990, 19 CLC (HCD)
....lip;….Opposite Parties Judgment April 5, 1990. Result: This Rule is made absolute. Order 9 CPC indicates that none of the rules empowers a court to dismiss a suit on a date not fixed for hearing. Case Referred To- Sabilri Bala Vs. Rohini Kanta Mondal, 4 DLR ......nd took time for filing written statement. 3. The petitioner filed an application for attachment before judgment of the movables belonging to the opposite parties and the court issued show cause notices upon the opposite parties as to why the order for attachment before judgment should not be m......posite Parties Judgment April 5, 1990. Result: This Rule is made absolute. Order 9 CPC indicates that none of the rules empowers a court to dismiss a suit on a date not fixed for hearing. Case Referred To- Sabilri Bala Vs. Rohini Kanta Mondal, 4 DLR 11; Brojendra L..Category: Civil Law | Date: 5 Apr, 1990 | Hits: 1
Kanak Mala Vs. Md. Safiuddin & others, 1990, 19 CLC (HCD)
....ocate ‑ For the Opposite Party No.1. Civil Revision No. 1015 of 1988. Judgment Syed Fazle Ahmed J. - This Rule calls in question the legality and propriety of the Judgment and decree dated 30.6.88 passed by Subordinate Judge, 4th Court, Dhaka in Title Appeal No. 20987 affirming the ...................Petitioner Vs. Md. Safiuddin & others.................................Opposite Parties Judgment April 5, 1990. Result: The Rule is made absolute. A notice under section 106 of the Transfer of Property Act, 1882, for vacating a suit premise shall be.......................................Opposite Parties Judgment April 5, 1990. Result: The Rule is made absolute. A notice under section 106 of the Transfer of Property Act, 1882, for vacating a suit premise shall be for six months. Section 18 of Premises Rent Control Act, 1..Category: Property Law | Date: 5 Apr, 1990 | Hits: 74
MA Razzaque Vs. Bangladesh Election Commission, 1990, 19 CLC (HCD)
....ur and Appellate Authority, Jamalpur District and 4. The Additional Deputy Commissioner (General) and Returning Officer, Upazila Parishads of Jamalpur to show cause as to why impugned order dated 20.2.90 (Annexure‑C) passed by respondent No.3 Appellate Authority, District Jamalpur s......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. ......angladesh Election Commission, Sher‑e‑Bangla Nagar and Others........Respondents Judgment April 5, 1990. Result: The Rule is made absolute. A person shall be disqualified for election as for being a chairman of Upazila Parishad, if he is a party to a contract for work to..Category: Election Law | Date: 5 Apr, 1990 | Hits: 110
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