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Golam Kader Vs. Abdul Khaleque Choukder and others, 1990, 19 CLC (AD)

....kder and others ......................Plaintiff-Respondents Judgment August 13, 1990. Result: The appeal is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order I Rule 10 Whether the appellants are not necessary parties in the facts of the present case. ......uit No.7 of 1969 with the present suit, if they so desire. Consequently, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 106. ..

Category: Civil Law | Date: 13 Aug, 1990 | Hits: 94

Keramat Ali Bhuiyan Vs. Ramizuddin Ahmed Bhuiyan, 1990, 19 CLC (AD)

........................................Plaintiff-Respondent Judgment August 8, 1990. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908) Order IX, Rule 9 Whether there is any necessity to condone the delay when defendant was prevented from i......earned advocate of the parties about the receiving back of the record and the next date fixed. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 58. ..

Category: Procedural Law | Date: 8 Aug, 1990 | Hits: 108

Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan (Md) & others, 1990, 19 CLC (AD)

...............................Respondents (In Civil Appeal No. 39 of 1990) Judgment August 8, 1990. Result: All the appeals are allowed. Bangladesh Parjatan Corporation Service Rules, 1980; Rule 41 sub‑rule (2) Clause (iv) Whether any reason was required to be assigned...... In the result, all the appeals are allowed without, however, any cost, and the impugned order of the High Court Division is set aside. Ed. This Case is also Reported in: 43 DLR (AD) 154. ..

Category: Employment/Service Law | Date: 8 Aug, 1990 | Hits: 101

Afruz Miah (Md) and another Vs. Alhaj Md. Siraj Miah, 1990, 19 CLC (AD)

.... 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. ...... 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. ..

Category: Procedural Law | Date: 5 Aug, 1990 | Hits: 91

Badsha Mia and others Vs. Abdul Latif Majumder and others, 1990, 19 CLC (AD)

....n 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 found the appella......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. ..

Category: Criminal Law | Date: 30 Jul, 1990 | Hits: 59

Official Liquidator, East Bengal Commercial Bank Ltd. Vs. Mrs. Jahura Khatun & others, 1990, 19 CLC (HCD)

....ocess server, it appears that he served the notice in presence of the witnesses by hanging a copy of the notice on the latrine which was situated on the land in dispute. 16. From the provisions of Rule 6 of PDR Rules, it appears that if the certificate‑debtor refuses to take the notice or if th......session of the suit property. Neither the previous management of the bank nor the official liquidator sold or transferred the aforesaid property to any person. Since the bank under liquidation is the absolute owner of the property in dispute, the plaintiff is praying for a decree for a declaration t..

Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158

Attor Mia and another Vs. Mst. Mahmuda Khaton Chowdhury and others, 1990, 19 CLC (AD)

....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. ......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. ..

Category: Property Law | Date: 22 Jul, 1990 | Hits: 43

Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)

....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.   ......i Debi Vs. Behari Lal Sen, ILR 34 Cal 902 (PC) a tenure had been in existence for about 80 years, the rent had never been enhanced, it had again and again been sold by kabalas purporting to convey an absolute interest, it had passed by will and the new tenants had been recognised by the landlords af..

Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115

Bijoy Kumar Basak Vs. Narendra Nath Datta & others, 1990, 19 CLC (HCD)

....li J Bijoy Kumar Basak.................................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 part......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)

....Md. Abdul Baten................................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 p......en................................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 ..

Category: Criminal Law | Date: 27 Jun, 1990 | Hits: 110

Abdur Rouf Miah Vs. Fazlur Rahman and others, 1990, 19 CLC (AD)

.........Petitioner Vs. Fazlur Rahman and others..............Respondents Judgment June 27, 1990. Result: The petition is dismissed. The Upazila Parishad (Election) Rules, 1983, rules 38-41 Whether Election Commission can direct re-poll in the absence of Rule ......n a fair and honest manner. But he is also subject to the Election Rules. Subject to this observation the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 23. ..

Category: Election Law | Date: 27 Jun, 1990 | Hits: 139

Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)

.... Against those awards, the respondent-Government preferred two Miscellaneous Appeals before the High Court Division under section 7(f) of the Emergency Acquisition of Property Act, 1948 read with Rule 9 (16) of the Rules, 1948 which prescribes a period of 60 days in filing such appeal. Admittedl...... Act. The legislative mandate contained in clause (b) of section 29(2), namely, that "the remaining provisions of the Limitation Act shall not apply", must be held to have been expressed in absolute terms. These words of clause (b) of section 29(2) will prevail over both sections 3 and sec..

Category: Limitation Law | Date: 25 Jun, 1990 | Hits: 176

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

............Petitioner 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 pet......ioner 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. ..

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. ..

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

Atiqur Rahman Vs. AKM Fazlul Hoque, 1990, 19 CLC (HCD)

....................................Petitioner Vs. AKM Fazlul Hoque, the State.........................................Opposite‑Parties Judgment June 11, 1990. Result: The Rule is discharged. There cannot be any cognizance of the case on a Naraji petition without any......ome to know about the final report when the accused petitioner came to claim the goods after the final report. It is further alleged in the Naraji petition that the statements in the final report was absolutely false so far it relates to consultation with the Customs Authority before submission of t..

Category: Fiscal/Taxation Law | Date: 11 Jun, 1990 | Hits: 80

Abdul Mannan and others Vs. Akram Ali and others, 1990, 19 CLC (AD)

....s. Akram Ali and others....................Respondents Judgment June 6, 1990. 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‑tri......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. ..

Category: Procedural Law | Date: 6 Jun, 1990 | Hits: 107

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

.... The Ministry of Local Government, Rural Develop­ment and Co‑operatives and others .................Respondents Judgment May 24, 1990. Upazila Parishad (Election of Chairman) Rules, 1983; Rule 38(3)     In case of any grievance the petitioner shall ......ff of the Election Commission and the Chief Election Commissioner without waiting for the report of the Returning officer and without any materials before him behind the back of the respondent No. 10 absolutely, arbitrarily and illegally passed the ex parte order for recounting and the said order wa..

Category: Election Law | Date: 24 May, 1990 | Hits: 101

AH Shamsuddin Ahmed Vs. Begum Arafat & others, 1990, 19 CLC (HCD)

....hamsuddin Ahmed...............................Petitioner Vs. Begum Arafat & others................................Opposite Parties Judgment May 22, 1990. Result: The Rule is discharged. It is settled principle of law that mere declaratory suit is maintainable i....... 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. ..

Category: Property Law | Date: 22 May, 1990 | Hits: 111

Bakul Howlader @ Shamsul Alam Vs. The State, 1990, 19 CLC (AD)

.... by special leave at the instance of accused Bakul Howlader @ Shamsul Alam is directed against the order by the High Court Division, Dhaka in Criminal Miscellaneous Case No. 318 of 1989 with Suo Motu Rule No. 451 of 1989. 2. The short fact that will be relevant for disposal of this appeal is th......ench granted bail to Bazlur Rashid Sarker. While disposing of the main Miscellaneous case, the High Court Division cancelled the bail of co-accused Bakul Howlader and made the connected suo motu Rule absolute. 7. Leave was granted to consider whether the learned Judges of the High Court Divisio..

Category: Criminal Law | Date: 20 May, 1990 | Hits: 100

Fazal & others Vs. State, 1990, 19 CLC (HCD)

.... Fazal & others ..................................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 ope...... others ..................................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 th..

Category: Criminal Law | Date: 14 May, 1990 | Hits: 66