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....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.
......vidence to show that notice as required Linder PDR Act was not legally served. Even the witness who deposed as PW 1 frankly stated that he knew nothing about the certificate case before 1965. In this view of the matter I find that the submission of Mr. Habibur Rahman has no substance. On the other h..
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. ......cultural tenancy who cannot be brought under any of the specific Categories mentioned in section 4 of the Bengal Tenancy Act, but who is a tenant nevertheless." And further: "In view of the finding of the Courts below that the tenancy has become a non‑agricultural one, we are..Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115
Idris Ali Bhuiyan Vs. Enamul Haque and another, 1990, 19 CLC (AD)
....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. ......r Rahman J Idris Ali Bhuiyan ...........................Petitioner Vs. Enamul Haque and another....................Respondents Judgment July 17, 1990. Result: The review petitions are dismissed. The Constitution of the People's Republic of Bangladesh, 1972..Category: Property Law | Date: 17 Jul, 1990 | Hits: 30
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. ......istrict Judge has transferred the suit from the court of the learned Subordinate Judge, Rajshahi to the court of the learned Munsif (Now Assistant Judge), Sadar, Rajshahi for disposal particularly in view of the statement of the plaintiff petitioner made in paragraph 7 of his own written objection a..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. ......sp; Where after filing the revision petition against and order under sec. 145(7) before the High Court he petitioner dies, the High Court in view of the provisions of SS. 561A and 435 has ample power to bring the legal representatives of the..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. ......taken before the Presiding Officer and no prayer was made to him for re‑count on the spot. 3. Dr. Kamal Hossain, learned Counsel for the petitioner, has assailed the High Court Division's view and contended that when ballot papers of 4 Centres were found tampered with it was a clear case..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. ......he delay under section 5 of the Limitation Act. 4. The legal questions that have been raised in Civil Appeal Nos.13 and 14 of 1990 relating to applicability of section 5 of the Limitation Act in view of sub-section (2) of section 29 of the Limitation Act are to be considered herein below. ..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.
......tive Vice-President of the Bangladesh Agricultural Research Council was not competent to impose any penalty on the petitioner and his case was to be referred to the Government for necessary action in view of Rule 14 of the Government Servants (Discipline and Appeal) Rules, 1976. In order to decide t..
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)
....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. ......t is asserted that in course of business transaction the respondent No.3 had signed some blank papers including some instruments of transfer which might be necessary for the company in his absence in view of the fact that very often the respondent No.3 had to go abroad for personal reasons. Since bo..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
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. ......d on such evidence is to be corroborated in material particulars, such principle cannot be extended to the evidence of trap witnesses, because the latter cannot be termed as accomplices. 10. The view taken in Abdur Rahman vs. State 27 DLR 268 that the bribe giver PW1 and his son PW 8 who claime..Category: Anti-Corruption Laws | Date: 13 Jun, 1990 | Hits: 119
Atiqur Rahman Vs. AKM Fazlul Hoque, 1990, 19 CLC (HCD)
....ni. In the result, the Rule is discharged and stay granted by this Court earlier is vacated. Sent down the records at once. Ed. This Case is also Reported in: 43 DLR (1991) 49. ......no legal evidence to sustain the allegation made out either in the FIR or in the Naraji petition. 11. We are unable to accept the contention of the learned Advocate for the accused petitioner in view of the facts and circumstances of the case before us. There is a clear allegation that instead ..Category: Fiscal/Taxation Law | Date: 11 Jun, 1990 | Hits: 80
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....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. ......common case was that in November 1970, when the appellant married appellant No.2, Mrs. Yesmen Suzette Haque, all members of the family assembled and in their presence the respondent disclosed that in view of the deteriorating political situation of the country he would leave the country for India; t..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
Siddik Ali Vs. Nurun Nessa Khatun and others, 1990, 19 CLC (AD)
....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. ......with the plaintiff on the basis of his purchase by the kabala Ext. 2. 10. Before the High Court Division the respondent contended that on the death of Bharat his sons had no saleable interest in view of the decision in 32 DLR (AD) 170 but the High Court Division declined to examine that questio..Category: Property Law | Date: 28 May, 1990 | Hits: 57
....epolling ought to have been ordered in the 4 centres, the Chief Election Commissioner illegally refused to exercise the jurisdiction vested in the Commission to order repoll at the said centres on an erroneous assumption that after deletion of rule 68 he had no jurisdiction to decide a disputed ques......residing 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 27.03.90 for recounting when the Commission t..
Category: Election Law | Date: 24 May, 1990 | Hits: 101
AH Shamsuddin Ahmed Vs. Begum Arafat & others, 1990, 19 CLC (HCD)
..... 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. ......s discharged. It is settled principle of law that mere declaratory suit is maintainable if it is found that the document with regard to which declaration is sought itself is void ab initio. This view was supported in the case of Pethen Permal Chetty Vs Muniandy Servai 35 (Cal) 551. In this case..Category: Property Law | Date: 22 May, 1990 | Hits: 111
Bakul Howlader @ Shamsul Alam Vs. The State, 1990, 19 CLC (AD)
....bail of the appellant. Hence, the appeal is allowed and the bail granted to the appellant by the Upazila Magistrate is confirmed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 14. ...................Respondent Judgment May 20, 1990. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898); Section 498 Cancellation of bail In view of pending case and counter case the learned Judges of the High Court Division did not exercise..Category: Criminal Law | Date: 20 May, 1990 | Hits: 100
Fazal & others Vs. State, 1990, 19 CLC (HCD)
....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. ....... I do not think that this type of gross irregularity is not curable under section 537 of the Criminal Procedure Code. Mr. Abu Sayed Ahmed, the learned Advocate for the petitioner, has fortified this view of the learned District Judge by citing decisions in the cases of MK Zaman & others Vs. Mat..Category: Criminal Law | Date: 14 May, 1990 | Hits: 66
Sonali Bank Vs. Nurul Kader and another, 1990, 19 CLC (HCD)
....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. ......, however, held that by the order the Munsif did not commit any error of procedure. But it held that the application filed under Section 152 CPC may be treated as one under Order 47, rule I CPC for review. He further submits that in the event of treating the impugned order as an order passed under s..Category: Civil Law | Date: 5 Apr, 1990 | Hits: 1
Kanak Mala Vs. Md. Safiuddin & others, 1990, 19 CLC (HCD)
....al jurisdiction of this Court and obtained the present Rule. 8. The learned Advocate appearing for the defendant‑petitioner submits that the Courts below committed error of law resulting in an erroneous decision occasioning failure of justice in decreeing plaintiff's suit inasmuch as plai......element "Must" in the plea of bona fide requirement. I have gone through the evidence of PW 1 carefully and did not find plea of bona fide requirement has been asserted by him. In view of the fact the impugned judgment and the order of the courts below are not sustainable in law ..Category: Property Law | Date: 5 Apr, 1990 | Hits: 74
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