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

.... 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. ...... 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......e the Court may accept the evidence of the trap witnesses. In the instant case the trial Court as well as the Appellate Court unhesitatingly accepted the prosecution evidence as to the acceptance and recovery of the bribe - There is no evidence on record to show that the witnesses were inimical towa......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)

....ffect 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. ...... 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. ......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)

....sult, 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. ......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......he Munsif, Second Court, Sylhet in Title Suit No. 251 of 1961. 2. Siddik Ali, the predecessor of the appellants, filed the suit for declaration of title in respect of the schedule 2 land and for recovery of khas possession with mesne profits. His case is that the land of first schedule which in......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

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

....n 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. Upazila Parisha......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......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. ......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. ..

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

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

....preme Court High Court Division (Criminal Revisional Jurisdiction) Present: AKM Sadeque J Fazal & others ..................................Petitioners Vs. The State ........................................Opposite party Judgment May 14, 1990. Res......................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. ......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)

....t 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. Result: ......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. ...... 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)

....………………………….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. ......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......cation filed under Order 9 rule 4 CPC for restoration of Money Suit No. 23 of 1979 on Setting aside the decrees dismissing the suit to its 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......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)

..............................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, 1991 put......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. ......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)

....s 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. Not represented‑the Respondents. Writ Petition No.427 of 1990......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. ......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)

.... In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 27. ..............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 .......12.86 passed by the Court of Subordinate Judge and Commercial Court No.II at Dhaka. 2. The appellant as plaintiff instituted the suit against the respondents as defendants in the said court for recovery of money by sale of mortgaged goods stating, inter alia, that the defendant No.1 Company M/...... 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)

....agar 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 fact to discuss and assess evidence on merit and to give his own finding......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...... 2. Facts giving rise to this Rule may briefly be Opposite party Nos.1 and 2 as plaintiffs filed OC Suit No. 32 of 1986 in the 1st Court of Munsif, Prbadhala, Netrokona for declaration of title and recovery of possession of the land described in the schedule of the plaint contending, inter alia, t......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)

....ge 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. ......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. ...... 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

Bangladesh Leaf Tobacco Company Ltd. Vs. Md. Abdul Mannan and others, 1990, 19 CLC (HCD)

....……………(5) A stranger to a suit or a proceeding is not prohibited by the Code of Civil Procedure from filing an appeal from an order passed therein. It is true that there is no express provision permitting such party to prefer an appeal against such an order&hel......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. ...... of 1988 should not be set aside. 2. The plaintiff‑opposite parties instituted Title Suit No.465 of 1978 in the court of the 1st Munsif, Dhaka for declaration of title to the suit land and for recovery of khas possession by evicting the defen­dants therefrom on the allegations, inter alia......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. ..

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

Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)

....d. 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. ...... liberation and his huts excepting two were razed and burnt away by Paki­stan Army. After the war of liberation the plaintiff met Mr. Mohammad Ali, Advocate, to know what steps were taken by that time. The learned Advocate then told the plaintiff that he (plaintiff) had received back the bainapa......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. ..

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

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

....bove 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. ......he plaintiff' acquired valid title to the suit property by auction purchase, the High Court Division held that the plaintiff never took actual or symbolical possession of the suit property at any time. The suit was also barred by limitation under Article 137 of the First Schedule to the Limitati......t Schedule Whether Plaintiff can be allowed to amend the plaint to save limitation There is no dispute that article 137 of the First Schedule of the Limitation Act applies in this case for recovery of possession by the auction purchaser plaintiff which commences from the date of disposses...... 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. ..

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

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

....ence. Appeal No.10 of 1985 is dismissed and order of acquittal is upheld. Ed. This Case is also Reported in: 43 DLR (1991) 87. ......us imprisonment for one year. He further ordered that half of fine if realised be given to victim Kalachand. 2. Prosecution case may briefly be stated thus:‑ On 10‑6.84 at about evening time (6‑45 to 7 PM) victim Rafiq Gazi was returning from the house of his 'Khala' named Sa......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. ..

Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65

Zakir Hossain and others Vs. The State and other, 1990, 19 CLC (AD)

....ayed 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. ......ns made in the FIR do not constitute any offence under sections 467 and 420 of the Penal Code. At this stage we do not like to examine this question. 6. In the facts of this case as in point of time the civil suit was instituted before the filing of the FIR and the questioned documents in thei......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. ..

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

Abdul Momen Bhuiyan Vs. Haji Payez Ali Mia and others, 1990, 19 CLC (HCD)

.... and others.......................Opposite Parties Judgment March 5, 1990. Result: The petition is summarily rejected. Local Government (Upazila Parishad and Upazila Administration Re-organisation) Ordinance, 1982; Section 6(2)g Local Government (Union Parishad) O......sum amount of taka two lacs against the amount due from the Bank and he was allowed on 17.2.1990 by the Manager of the said Branch of the Bank, Annexure "B" to the petition, two months' time for repayment of the rest. Thus, it is argued that in view of the provision of section 62 of th......us, for the reasons stated above, we do not find any substance in this petition. Accordingly, the petition is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 97. ......us, for the reasons stated above, we do not find any substance in this petition. Accordingly, the petition is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 97. ..

Category: Election Law | Date: 5 Mar, 1990 | Hits: 136

Azima Begum Vs. Yusuf Khan (Md) and others, 1990, 19 CLC (AD)

.... liberty to take such steps as advised for hearing of the Rule. The appeal is, therefore, allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 53. ......n of the appellant by a medical board, alleging the exercise of undue influence upon the Civil Surgeon, Rajshahi by Md. Aslam Sarker. On 5.8.85 the City Magistrate rejected the prayer and at the same time declining to accept the final report directed a judicial inquiry by a Magistrate, 2nd Class. ......and the parties will be at liberty to take such steps as advised for hearing of the Rule. The appeal is, therefore, allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 53. ......and the parties will be at liberty to take such steps as advised for hearing of the Rule. The appeal is, therefore, allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 53. ..

Category: Criminal Law | Date: 14 Feb, 1990 | Hits: 58

Anisuzzaman Vs. State, 1990, 19 CLC (HCD)

.... the aforesaid observation. The appellant is released from his bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 35. ......ed he identified in the dock was not in the truck and that the accused was arrested by the police on the suspicions from a far away place. He also denied defence suggestion that he was not present at time of seizure and he was not shown in the charge sheet as witness. 10. P.W.6 Amir Ali, a seiz......roject authority. In the result, I allow the appeal with the aforesaid observation. The appellant is released from his bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 35. ......roject authority. In the result, I allow the appeal with the aforesaid observation. The appellant is released from his bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 35. ..

Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86