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Kanak Mala Vs. Md. Safiuddin & others, 1990, 19 CLC (HCD)
...............................................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 va......ay that concurrent finding can not be disturbed in revisional jurisdiction. In fact finding though concurrent is open to interference if it is not based on evidence. ......... (11, 12, 13) Lawyers Involved: Aminul Hoque, Advocate ‑For the Petitioner. Golam Rabbani, Advocate â..Category: Property Law | Date: 5 Apr, 1990 | Hits: 74
MA Razzaque Vs. Bangladesh Election Commission, 1990, 19 CLC (HCD)
...............................Petitioner Vs. The Bangladesh 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 U......d concerned or has otherwise any pecuniary interest in its affair, or is a dealer in essential commodities appointed by the Government. Case Referred to- Burnsk Ransley, 1949 AIR 817. Lawyers Involved: SS Haider with Ranesh Chandra Maitra, Advocates‑For the Petitioner. ..Category: Election Law | Date: 5 Apr, 1990 | Hits: 110
Sonali Bank Vs. M/s Begg & Beg Jute Incorporated Limited & others, 1990, 19 CLC (HCD)
....ht for redemption of mortgage but in AIR 1958 Rajasthan 145 the suit was brought for redemption of mortgage and as such the case in AIR 1958 Rajasthan 145 has no application in the instant case. Rules 2 and 11 of Order 34 of the Code of Civil Procedure refer to suit for preclosure of mortgage a.........(9) Cases Referred to- Dawoodbhai Kassemji Matiwalla and another Vs. Shaikhalibhoy, AIR 1953 (Born) 445; Kishenlal and others Vs. Radhalal and others, AIR 1958 (Rajasthan) 145. Lawyers Involved: Asrarul Hussain ‑For the Appellant. M Gholam Rabbani ‑ For the Resp..Category: Civil Law | Date: 1 Apr, 1990 | Hits: 79
Aftabuddin Fakir Vs. Sowdagar Rabi Das & others, 1990, 19 CLC (HCD)
...............................................Petitioner Vs. Sowdagar Rabi Das & others............................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 ......ssumption that it is bound by findings of the Final Court, it may give different reasons of its own for coming to a conclusion............... (15) Case Referred to- 28 DLR (1976) 410. Lawyers Involved: Miah Abdul Gafur, Advocate ‑For the Petitioner. Not represented‑ th..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)
....nder section 14(2) of the Arbitration Act, Other Suit No.5 of 1987 was registered in that Court. On receiving notice, the contractor filed an application in the Court praying for making the Award the Rule of the Court whereas the Chittagong Port Authority filed written objection under section 3......t of 4 months or within such extended time as the court may allow...........(24) Cases Referred to- AIR 1955 (Cal) 354; AIR 1956 (Punj) 187; AIR 1974 (Cal) 345; AIR 19‑59 (Cal) 620. Lawyers Involved: Mozammel Hossain with AKM Abdul Hakim, Advocates ‑For the Appellants. ..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)
....o Company Ltd........................Petitioner Vs. Md. Abdul Mannan and others.....................................Opposite Parties Judgment March 27, 1990. Result: The Rule is made absolute. H.M. Saya & Co. V. Wazir Ali Industries Ltd. 21 DLR (SC) 50 Case ref......ce is permissible even if there is no express provision permitting the same.......................(6) Case Referred to- HM Saya & Co. Vs. Wazir Ali Industries Ltd, 21 DLR (SC) 50. Lawyers Involved: Dr. Rqfiqur Rahman with Tofailur Rahman, Advocates ‑For the Petitioner..Category: Property Law | Date: 27 Mar, 1990 | Hits: 75
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. ......ce by the expert in the matter of comparision of handwriting and signature are merely tentative in character, (4) Opinion is a weak evidence………………..(26) Law requires that the plaintiff must prove his own case to the hilt by cogent and sufficient evidenc..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. ......d documentary evidence of payment of rent from 1951 his accrual of vested right and limitation cannot be negatived by such amendment, High Court Division correctly rejected prayer for amendment. Lawyers Involved: M Nurullah, Senior Advocate, instructed by Sharifuddin Chaklader Advocate-on-..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. ...... of an attack. Such photographic picturisation of an attack can not be expected from eye witnesses…..................(28) Case Referred to- State Vs. Mokbul Hossain, 37 DLR 157 Lawyers Involved: Fazlul Karim with Kazi Anwar Hossain, Advocates ‑For the Appellants. A..Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65
Azima Begum Vs. Yusuf Khan (Md) and others, 1990, 19 CLC (AD)
....439 Whether High Court Division correctly exercise its discretion in not granting an order of ad-interim stay The appellant clearly stated before the High Court Division while obtaining the Rule that she had given birth to a female child barely 5 months ago and that it would be injurious t......r would have spelt disaster to both the baby and the mother-the exercise of discretion in not granting an order of ad‑interim stay was not a judicious and sound exercise of discretion at all. Lawyers Involved: Aminul Huq, Advocate-on-Record-For the Appellant. Jamiruddin Sircar, Sen..Category: Criminal Law | Date: 14 Feb, 1990 | Hits: 58
Momin Miah & another Vs. Moinuddin Hossain & another, 1989, 18 CLC (AD)
....ty in dispute, that is, item No.1 of SchedÂule 'B' of the Compromise petition (as in T.S. No.319 of 1986). No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 175 ......trial courts order staying proceeding of the execution case is perfectly justified and the High Court Division committed error in not confirming the trial courts order………(3 & 4) Lawyers Involved: Maksum-ul-Hakim, Senior Advocate, instructed by Miah Abdul Gafur, Advocate-on..Category: Contract Law | Date: 4 Dec, 1989 | Hits: 222
Moynul Hasan and others Vs. Nazmul Haq @ Nazmul Hasan and others, 1989, 18 CLC (HCD)
....an and others...................................Petitioners Vs. Nazmul Haq @ Nazmul Hasan and others.............Opposite Parties Judgment November 28, 1989. Result: The Rule is discharged. Without issuing summons on defendant No.8, not to speak of service of summ......f justice…… (8 & 9) Cases Referred to- Abul Khair Mia Vs. Abdul Latif Sarder, 32 DLR 167 (AD); Abdur Rashid & another Vs. Abul Barik and another 35 DLR 163 (AD). Lawyers Involved: Dr. Kamal Hossain with SR Karmakar, Advocates ‑For the Petitioner Nos. 1‑..Category: Limitation Law | Date: 28 Nov, 1989 | Hits: 219
Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)
....be preferred by the informant against the judgment of acquittal. In pursuance of the above order the present appellant preferred an applicaÂtion under section 561A of Cr.P.C. before this Court and a Rule was issued on 2.4.89 by a DiviÂsion Bench in which Justice Fazle Hossain MohamÂmad Habibur Ra......aka and others, 34 DLR (AD) 309; Abbas Bahara and another Vs. Emperor, AIR 1933 (Cal) 362; Nurul Islam @ Nur Islam Vs. The State, 23 DLR (Dac) 126; Talukder AbÂdul Aziz Vs. The State, 35 DLR 127. Lawyers Involved: S.S. Haider with R.C. Maitra, Advocates—For the Appellant. Mvi. Md. Wahid..Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153
Manindra Kumar Malakar Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
.....................................Petitioner Vs. Secretary, Ministry of Home Affairs & others ................Opposite Parties Judgment August 14, 1989. Result: This Rule is discharged. In the present case it has been categorically found by the Special Tribunal...... of Home Affairs, Govt. of Bangladesh, 28 DLR 122; Jahanara Begum alias Joisna Rani Saha and another Vs. The State, 15 DLR (Dhaka) 148, Abbas Bahara and another Vs. Emperor, AIR 1933 Cal. 362. Lawyers Involved: S S Halder with RC Maitra Advocates ‑ For the Petitioner. Wahidullah M..Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104
Circle Officer, Sutrapur Vs. Mohammad, 1989, 18 CLC (HCD)
....arker J Circle Officer, Sutrapur.....................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 c......ce or in the facts and circumstances of this case it will not be fair to deprive the defendants of the right of appeal. Case Referred to- Bangladesh Vs. Zahiruddin, 1986 BLD (AD) 180. Lawyers Involved: AY Salehuzzaman, Deputy Attorney‑General ‑For the Petitioner. TH Kha..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)
.... Birendra Nath Singh and others................Petitioners Vs. Md. Mokbul Shah and others...........................Opposite Parties Judgment August 2, 1989. Result: The Rule is discharged. Non-exercise of discretion – an error of law The amendment sough......ject the document where party does not explain adequately any inordinate delay in producing it….…....... (9) Case Referred to- Kanda and others Vs. Waghu 3 DLR (PC) 311. Lawyers Involved: Abdul Momin Talukdar, Advocate ‑ For the Petitioner. MA Sobhan, Advoca..Category: Property Law | Date: 2 Aug, 1989 | Hits: 78
Ziaul Hoque Vs. Election CommisÂsion, 1990, 19 CLC (HCD)
.......................Petitioner Vs. The Election Commission, Sher‑e‑Bangla Nagar, Dhaka and others ............Respondents Judgment May 30, 1990. Result: The Rule is discharged. Delimitation of the area of the upazillas in question can not affect the pe......04; Munshi Abdul Hoque Vs. Additional Deputy Commissioner, 17 DLR 744; Farid Miah vs. Amjad Ali and others, 42 DLR (AD) 13; Hazrat Ali Vs. Election Commission and others, 1990 BLD 157. Lawyers Involved: Md. Fazlul Karim with Syed Lutfor Rahman, Advocates ‑For the Petitioner. ..Category: Election Law | Date: 14 Jun, 1989 | Hits: 98
AK Banik & Khokan Kumar Saha Vs. M. Karim & another, 1989, 18 CLC (HCD)
....he petitions) Vs. M. Karim, Jailor, Dhaka Central Jail, Dhaka & another...................Respondent (In both the Petitions) Judgment June 11, 1989. Result: The Rules are made absolute. Lawyers Involved: S.S. Halder, Advocate —For the Petitioner...... Karim, Jailor, Dhaka Central Jail, Dhaka & another...................Respondent (In both the Petitions) Judgment June 11, 1989. Result: The Rules are made absolute. Lawyers Involved: S.S. Halder, Advocate —For the Petitioner (In both the petitions) ..Category: Contempt of Court Law, Criminal Law | Date: 11 Jun, 1989 | Hits: 102
Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)
.....................................................Appellant Vs. A.K. Murshid and others...................................Respondents Judgment May 25, 1989. Result: The Rule is made absolute. Cases Referred to- Nasiruddin Vs. Govt. of Bangladesh & ors. 3......e. Cases Referred to- Nasiruddin Vs. Govt. of Bangladesh & ors. 32 DLR (AD) 216; Khondoker Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1981 BLD (AD) 107=33 DLR (AD)154. Lawyers Involved: Md. Awlad Ali, Advocate— For Petitioner. Khandker Mahbubuddin Ahm..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
Ananda and others Vs. State, 1989, 18 CLC (HCD)
....dered filed this appeal before this court against the judgment and order when a Single Bench of this Court vide order dated 25.5.87 rejected his prayer for bail made by appellant Ananda and suo motu Rule for enhancement of sentence was issued against the appellant petitioner, which is now heard in ...... Vs. The State............................Respondent Judgment May 24, 1989. Result: The appeal is allowed. Case Referred to- Ramji Lai Vs. The State, AIR 1951 Rajasthan 33. Lawyers Involved: S.R. Karmaker, Advocate - For the Appellant. A.Q. Raisuddin Ahmed, Advocate..Category: Women and Children | Date: 24 May, 1989 | Hits: 143
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