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Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)
....lt: 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' in......ferable or heritable interest, but the word cannot be limited to a mere tenant-at-will under all circumstances. Merely because the word 'Dakhalkar' has been used Giribala's fate cannot be scaled. "The subsequent history and attendant circumstances as above are relevant facts to be t..Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115
Idris Ali Bhuiyan Vs. Enamul Haque and another, 1990, 19 CLC (AD)
....nt and in a suit for his eviction, TS 55 of 1977, the defendant got decree which was maintained upto this Division. 4. The Trial Court decreed the suit holding, inter alia, that the suit was not time‑barred. On appeal, the learned Additional District Judge, 4th Court Dhaka found that the plai......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. ..Category: Property Law | Date: 17 Jul, 1990 | Hits: 30
Bijoy Kumar Basak Vs. Narendra Nath Datta & others, 1990, 19 CLC (HCD)
....enior lawyer was busy in conducting a trial in the Sessions Court. Of course, some other lawyers were present on half of the defendants but the learned Subordinate Judge rejected the applications for time and took up the matter for hearing and after hearing the parties on the application for expert ......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)
....88 cited. Section 522 of the Code of Criminal Procedure says that the order for restoration may be made by the Trial Court when the convicting the persons dispossessing the complainant or at any time within one month from the order of conviction. Any order of restoration passed beyond 30 ...... 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)
....ound marks of tampering and a substantial number of ballot papers missing. In this position he did not complete the re‑counting but submitted a report to the Chief Election Commissioner, In the meantime, respondent No. 10 filed an objection to the Election Commissioner's order for re‑countin......e Centres the Presiding Officers counted ballot papers Of their respective Centres on the spot in presence of the candidates, and recorded the results in the prescribed Form and forwarded the same in scaled bags to the Returning Officer. The latter on receiving the results from all the Centres conso..Category: Election Law | Date: 27 Jun, 1990 | Hits: 139
Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)
....lay in these cases. 7. Before parting with these cases it may be mentioned that the learned Additional Attorney General appearing for the respondent‑Government submitted that the appeal though time barred could be considered as the decision on the face of it is a nullity. In the present cases...... 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
....by an order passed by the Ministry of Agriculture on 27th July, 1973. He, accordingly, joined there and rendered service to the entire satisfaction of his superiors. He was, thereafter, promoted from time to time and ultimately as the Superintendent till the Bangladesh Agricultural Research Council.......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.
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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)
....ments of Mr. Md. Aminul Hoque and submitted that the Respondent No.3 himself transferred the entire 1300 shares to his son by way of gift which was not disputed by the Respondent No.2 at any point of time. 19. In the result, this application is allowed. The respondents are directed to rectify t......o order as to costs. Mr. Tofailur Rahman has prayed for stay of the operation of the judgment for 6 weeks. The prayer is refused. Ed. This Case is also Reported in: 43 DLR (1991) 54. ..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
Shahabullah (Md) Vs. The State, 1990, 19 CLC (AD)
.... a method is not prohibited in investigation of crimes, and for laying a trap the investigation officer cannot be said be thereby instigating or promoting the commission of offence. 8. Till such time the detection of crime gets more sophisticated and science‑oriented when oral evidence may be......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. ..Category: Anti-Corruption Laws | Date: 13 Jun, 1990 | Hits: 119
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
.... 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 left to be ......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. ..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
Siddik Ali Vs. Nurun Nessa Khatun and others, 1990, 19 CLC (AD)
....intiff's kabala was of much earlier date than the alleged discomfiture of Irshad, After holding that Benode was not in khas possession of the land of first schedule including the suit land at the time of the transfer to Sajjad Ali the Appellate Court affirmed the findings of the Trial Court that......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. ..Category: Property Law | Date: 28 May, 1990 | Hits: 57
....ecounting as well as repolling even if the Presiding Officer and Returning Officer were satisfied about fairness of polling and even if no candidate and his election agent raised any objection at the time of polling or counting of votes and in view of the order of the Election Commission passed on 2...... the ballots and in an appropriate case also direct repoll. Neither the Returning Officer nor the Election Commission has got any power to recount ballots after opening the election materials kept in scaled gunny bags. This power has not been given to them to maintain sanctity of election materials...
Category: Election Law | Date: 24 May, 1990 | Hits: 101
Fazal & others Vs. State, 1990, 19 CLC (HCD)
....................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 date along with the signature is mandatory. This is a lega......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)
....an agreement was executed that if the kabala could not be executed then and registered then the petitioner will be liable to pay back Taka 14 lakhs in cash back to the purchaser. 3. In course of time the complainant Mustaque Hossain Mahmud got this case initiated through the Anti‑Corruption D...... 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. ..Category: Criminal Law | Date: 13 May, 1990 | Hits: 73
Sonali Bank Vs. Nurul Kader and another, 1990, 19 CLC (HCD)
....file and number. The petitioner instituted the suit for recovery of Tk. 9,023.00 with interest at the rate of 20% per annum together with cost. The opposite parties appeared in the suit and took time for filing written statement. 3. The petitioner filed an application for attachment before......aw. Send a copy of the judgment to the learned District Judge for sending his report to this court as directed. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 21. ..Category: Civil Law | Date: 5 Apr, 1990 | Hits: 1
Kanak Mala Vs. Md. Safiuddin & others, 1990, 19 CLC (HCD)
....uit premises was not for 6 months and after dismissal of that suit the present suit being Title Suit No. 13 of 1985 has been instituted after service of notice u/s. 106 of TP Act giving 6 months' time for vacating the suit premises. Service of notice under section 106 of Transfer of Property Act......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. ..Category: Property Law | Date: 5 Apr, 1990 | Hits: 74
MA Razzaque Vs. Bangladesh Election Commission, 1990, 19 CLC (HCD)
....olitical rule, the governing power of the country consisting of the executive and the legislature considered as an organised entity and independently of the persons of whom it consists from time to time". 8. A Corporation like the Bangladesh Agricultural Development Corporat......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
Sonali Bank Vs. M/s Begg & Beg Jute Incorporated Limited & others, 1990, 19 CLC (HCD)
............Respondents Judgment April 1, 1990. Result: The appeal is dismissed. Order 34, rule 2 (CPC) does not deal with the rate of interest that the Court should award at the time of passing the preliminary decree. Order 34, rule (2)(1) (a) (i) merely indicates the heads in ...... discretion in refusing the interest to the plaintiff. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 27. ..Category: Civil Law | Date: 1 Apr, 1990 | Hits: 79
Aftabuddin Fakir Vs. Sowdagar Rabi Das & others, 1990, 19 CLC (HCD)
....a, Netrokona for declaration of title and recovery of possession of the land described in the schedule of the plaint contending, inter alia, that they had been in possession of the suit land for long time by producing various crops therein. Plaintiff‑petitioner got the suit land by way of pattan a......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)
....itrator should give notice to other parties about ex-parte hearing and also about the passing of ex-parte award…............ (10) It is well settled that Arbitrators are not bound to give time and notice if they are satisfied that a particular party does not intend to appear and is delib...... 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. ..Category: Alternative Dispute Resolution | Date: 28 Mar, 1990 | Hits: 176
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