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Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
....ions of Order XXII pose no difficulty in the prosecution of the appeal. In order to exercise the powers given by this rule, all persons to be affected by the order must be before a Court. It would be totally wrong to hold that an Appellate Court can proceed to hear an appeal, even if the necessary p......-6, and defendant No.2 having not been brought on record and she having not filed any appeal there was possibility of' two inconsistent and conflicting decrees if the appeal was to proceed in her absence and as such the appeal became non‑maintainable. Necessary party having been omitted, ......rder XLI rule 20 the matter perhaps would not have come to such a pass and the appeal could be spared a technical knockout. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 156. ..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
Sharif (Mohd) Vs. Mohd Obaidur Rahman & others, 1990, 19 CLC (HCD)
....155 of 1989 shall be kept intact and the further evidence which will be adduced by the petitioner shall be recorded by the Magistrate. Ed. This Case is also Reported in: 43 DLR (1991) 66. ......155 of 1989 shall be kept intact and the further evidence which will be adduced by the petitioner shall be recorded by the Magistrate. Ed. This Case is also Reported in: 43 DLR (1991) 66. ......155 of 1989 shall be kept intact and the further evidence which will be adduced by the petitioner shall be recorded by the Magistrate. Ed. This Case is also Reported in: 43 DLR (1991) 66. ..Category: Criminal Law | Date: 21 Aug, 1990 | Hits: 80
Wajear Rahman Moral (Md) Vs. The State, 1990, 19 CLC (AD)
....eal is dismissed with the modification of sentence, that is, the sentence of death is altered to that of imprisonment for life. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 25. ......e Code of Criminal Procedure. 13. It appears from the record that after being released on bail the appellant did not appear before court from 22.6.92 to 20.5.83. Considering the appellant's absence as absconsion the court thought it was unnecessary to split the case from that of the co‑a......eal is dismissed with the modification of sentence, that is, the sentence of death is altered to that of imprisonment for life. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 25. ..Category: Criminal Law | Date: 20 Aug, 1990 | Hits: 84
MD, Bangladesh Machine Tools Factory Ltd Vs. Chairman, 2nd Labour Court & anr, 1990, 19 CLC (AD)
....on. It was not a case of no evidence at all. The petition is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) 272 This Case is also Reported in: 44 DLR (AD) (1992) 272. ......on. It was not a case of no evidence at all. The petition is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) 272 This Case is also Reported in: 44 DLR (AD) (1992) 272. ......of the petitioner's mill regarding the demands and affairs of the labourers. The High Court Division rightly held that the findings of fact made by the Labour Court could not be upset in the writ jurisdiction. It was not a case of no evidence at all. The petition is dismissed. Ed. ..Category: Labour and Industrial Law | Date: 16 Aug, 1990 | Hits: 168
Abul Kashem @ Kashem Vs. State, 1990, 19 CLC (HCD)
....unal is hereby set aside. The accused appellant is acquitted of the charge brought against him. He should be discharged from the bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 420. ......s case by examining the most competent witness, the alleged victim girl Rebaka. No explanation was offered for non examination of Rebeka who is so to say, the real complainant in the present case. In absence of the examination of the alleged victim girl Rebeka, the statements allegedly made by her t...... for prostitution, etc. have been made exclusively triable by the Special Tribunal and as such it cannot be said that the trial is vitiated by mis‑joinder of charges and the Special Tribunal had no jurisdiction to make charges of schedule and non‑schedule offences. In the present case the accuse..Category: Women and Children | Date: 15 Aug, 1990 | Hits: 99
Mahbubul Alam Chowdhury and others Vs. Chaman Ara Begum and others, 1991, 20 CLC (AD)
....9 and at the time of the dispute in September 1951, the aforesaid firm-AK Chowdhury and JK Chowdhury, was dissolved mutually and the existence thereof has become extinct". 3. Defendant No.1 totally denied the partnership in his written statement and claimed that the plaintiff was a paid Ma......nt No.1 totally denied the partnership in his written statement and claimed that the plaintiff was a paid Manager under him on a monthly salary of Tk. 100.00 and that taking advantage of his frequent absence from Chittagong in connection with his business, the wily plaintiff obtained his signature o...... all the above reasons we do not find any merit in the appeal which is dismissed without however any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121 ..Category: Civil Law | Date: 14 Aug, 1990 | Hits: 121
Golam Kader Vs. Abdul Khaleque Choukder and others, 1990, 19 CLC (AD)
....t the plaintiffs are entitled to get a decree. 8. From the application for addition of party it appears that the present appellants are claiming by their alleged purchase a small fraction of the total land involved in the present suit. Their Title Suit No.7 of 1969 involves a small fraction of ......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. ......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
State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)
....nder section 201 is set aside. The respondents are directed to surrender forthwith and serve out the sentence imposed upon them. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 44. ......nder section 201 is set aside. The respondents are directed to surrender forthwith and serve out the sentence imposed upon them. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 44. ......nder section 201 is set aside. The respondents are directed to surrender forthwith and serve out the sentence imposed upon them. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 44. ..Category: Criminal Law | Date: 9 Aug, 1990 | Hits: 50
Keramat Ali Bhuiyan Vs. Ramizuddin Ahmed Bhuiyan, 1990, 19 CLC (AD)
....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. ......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. ......cause the Court's direction to inform the learned advocate of the parties about the receiving back of the record from the High Court Division was not complied with and thus the Court had inherent jurisdiction to restore the suit under section 151 CPC. The Subordinate Judge himself noticed in his..Category: Procedural Law | Date: 8 Aug, 1990 | Hits: 108
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. ......980 deceased Siraj Miah suffered from complete nervous break-down hearing the news that appellant No. 1 misappropriated huge amount of money from his restaurant business in UK taking advantage of the absence of Siraj Miah from UK. Deceased Siraj Miah remained under medical treatment in UK and on ret...... 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)
....ences. At this Appellant No.1 Badsha Mia uttered derogatory remarks regarding the injunction order of the High Court Division. The contemners cut and took away paddy from the three plots measuring in total an area of one acre. 5. The appellants against whom the said contempt rule was issued app...... Result: The appeal is dismissed. The Contempt of Court Act, 1926 (XII of 1926); Section 3 Whether evidence is to 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 ......rt the learned Judges of the High Court Division correctly found the appellants are guilty of Contempt of' Court. Power of High Court Division to initiate a contempt proceeding is a special jurisdiction which is inherent in all courts of record and the High Court Division can deal with it ..Category: Criminal Law | Date: 30 Jul, 1990 | Hits: 59
....s to Ext. 0 series. He stated that the defendant No. 2 is in possession since purchase from Motilal who was also in possession of the land after purchasing the some in the auction sale. These are sum total of documentary as well as oral evidence adduced by the parties to the present case.
14. In ......suit is dismissed on contest against the defendant No. 2 and 3 and ex parte against the rest. But there shall not be any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 558.
......bject of the Central Government, but in the present case the certificate proceedings were started by the Provincial Government and as such the certificate proceedings were absolutely void and without jurisdiction. Firstly, the plaintiff has not taken this pleading in the plaint and as such the defen..
Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
Attor Mia and another Vs. Mst. Mahmuda Khaton Chowdhury and others, 1990, 19 CLC (AD)
....the revisional Court itself was competent on the basis of the evidence on record to come to a decision of its own without sending the suit back on remand to the Trial Court. 13. Unnecessary and totally inexplicable order of remand entails hardship, agony of a fresh hearing, delay, additional e......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. ......rently upon satisfaction of their credibility, etc, the revisional Court cannot direct re‑hearing of the same evidence upon re‑opening of the issue of their credibility, etc. It is not within the jurisdiction of the Revisional Court to reject the appreciation of evidence by the Trial Court and t..Category: Property Law | Date: 22 Jul, 1990 | Hits: 43
Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)
....in the record of rights as 'Dakhalkar' fades into insignificance. These are matters which cannot be ignored in determining the character of Giribala's possession. All these facts in their totality have crowned Giribala and her successors with the status of permanent tenants. It is diffic......structures of considerable duration, not objected to by the landlord, evidence of transfers, alienation and succession from time to time, recognition of transfers by landlord by granting dakhilas and absence of any attempt by the landlord to take possession, the entry in the record of rights as '......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. ..Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115
Bijoy Kumar Basak Vs. Narendra Nath Datta & others, 1990, 19 CLC (HCD)
....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. ......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. ......nwhile the present defendant opposite party No.1 filed an application under Section 24 CPC before the learned District Judge, Rajshahi praying for transfer of the suit to any other court of competent jurisdiction for trial and disposal, alleging bias against the learned Subordinate Judge. Accordingl..Category: Property Law | Date: 11 Jul, 1990 | Hits: 67
Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)
.... 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. ......m on the ground that he was acquitted from the charge under section 447 of the Penal Code. The opposite party No.2 ultimately did not pursue the petition which was 'filed' by the Court in the absence of the petitioner out of which the provisional application No.383 of 1984 arose. 19. Fr......where the order for restoration of possession passed by the Court by law has set aside but no order for re-restoration of possession has orderdered, another Additional Session Judge having revisional jurisdiction is not competent to alter or vary the previous order over the same matter particularly ..Category: Criminal Law | Date: 27 Jun, 1990 | Hits: 110
Abdur Rouf Miah Vs. Fazlur Rahman and others, 1990, 19 CLC (AD)
....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. ...... 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 68 of the Upazila Parishad (Election) Rules 1983 - Whether election commission can o......s view and contended that when ballot papers of 4 Centres were found tampered with it was a clear case for re‑poll in these Centres and that the Election Commission failed to exercise its power and jurisdiction to direct re‑poll in order to ensure a fair and free election. 4. There can har..Category: Election Law | Date: 27 Jun, 1990 | Hits: 139
Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)
.... 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. ...... not expressly excluded by the special law and clause (b) provides that 'the remaining provisions of this Act shall not apply. Now section 5 is not one of the provisions which are to apply in the absence of something to the contrary. It is one of the sections to which clause (b) is applicable. T...... stands today, it is undisputed that a plain reading of sub‑section 2 of section 29 clearly shows that section 5 has no application in the present cases. Thus, the High Court Division acted without jurisdiction in condoning the delay in these cases. 7. Before parting with these cases it may b..Category: Limitation Law | Date: 25 Jun, 1990 | Hits: 176
....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.
...... petitioner under the Government Servants (Discipline and Appeal) Rules, 1976. When the proceedings were initiated against the petitioner no specific rules regulating such proceedings existed. In the absence of such specific rules governing or regulating the disciplinary proceedings against the peti......e Suit No.389 of 1983 in the 1st Court of Munsif, Dhaka, now Assistant Judge, Dhaka, praying for declaration that the order of his removal from service by the opposite party No.1 was illegal, without jurisdiction and void on the following allegations:
3. The petitioner was appointed as a Lower ..
Category: Employment/Service Law | Date: 20 Jun, 1990 | Hits: 74
Dr. Naimur Rahman and another Vs. Shahbazpur Tea Co. Ltd and another, 1991, 20 CLC (AD)
....erve any useful purpose. 12. In the result, these appeals are dismissed with the observation made above. In the facts and circumstances of the case there will be no order as to costs. Ed. ......erve any useful purpose. 12. In the result, these appeals are dismissed with the observation made above. In the facts and circumstances of the case there will be no order as to costs. Ed. ......is mala fide, such as to pressurise the company into submission to an unjust demand, or where the proceeding started is a clear abuse of the process of the Court, then the Court has got inherent jurisdiction to stay further proceedings till the dispute is adjudicated in a proper forum. The Cour..Category: Business or Commercial Law | Date: 19 Jun, 1990 | Hits: 124
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