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MA Razzaque Vs. Bangladesh Election Commission, 1990, 19 CLC (HCD)
....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. ......velopment Corporation (as stated in the complaint petition Annexure B by one Md. Shafiqul Huq). Respondent No.3 as appellate authority, in his impugned order date 20.2.90 (Annexure‑C) took the view that it seemed t him that the petitioner's letter of resignation from the dealership of fer..Category: Election Law | Date: 5 Apr, 1990 | Hits: 110
Sonali Bank Vs. M/s Begg & Beg Jute Incorporated Limited & others, 1990, 19 CLC (HCD)
.... 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. ...... Civil Procedure and (2) secondly, in not awarding interest to the plaintiff on the decretal amount from the date of the decree to the date of realisation of the same. He has lastly contended that in view of the fact that the Commercial Court has not allowed any interest to the plaintiff on the decr..Category: Civil Law | Date: 1 Apr, 1990 | Hits: 79
Aftabuddin Fakir Vs. Sowdagar Rabi Das & others, 1990, 19 CLC (HCD)
....ional jurisdiction of the Court and obtained the present Rule. 7. The learned Advocate appearing for the petitioner submits that the learned Munsif misread the evidence on record and arrived at erroneous decision that the learned Munsif committed error in law in not holding that the plaintiff ......wn finding………............(10) The 1st Appellate Court shall have to refer to the evidence of witnesses examined and make analysis of evidence arriving at his own independent view in its judgment. ........ (11) The 1st Appellate Court is supposed to consider the..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)
....he appellant‑contractor for settlement of the dispute as per clause 2.105 of the Contract Agreement before going for arbitration. The learned advocate for the appellate goes on to submit that it is erroneous on the part of the Trial Court to hold that the starting point of limitation would be 24.2......gher methodology than the opted for. If any party has no confidence in the arbitrator or entertains any misgiving about him that party may seek his removal in accordance with law. 21. Keeping in view the facts and circumstances of the case before us when the Chittagong Port Authority recei..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)
....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. ......llenge the decree in appeal. In the instant case the petitioner alleged that he has purchased the suit land and as such the decree passed in the suit has adversely affected his interest. In that view of the matter the learned District Judge has committed an error of law his decision in not acco..Category: Property Law | Date: 27 Mar, 1990 | Hits: 75
Zahura Khatun and others Vs. Rokeya Khatun and others, 1991, 20 CLC (AD)
....gitate the same in the absence of the respondents. 9. The appeal is, therefore, dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 98. ......d termination of tenancy the landlord-plaintiff was not entitled to a decree for eviction. The High Court Division held that even in a case founded on forfeiture notice was necessary. Although in its view the Appellate Court below has committed error of law in the judgment in many respects the ultim..Category: Tenancy Law | Date: 25 Mar, 1990 | Hits: 124
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. ......eived with great caution. So in assessing or evaluating the evidence particulary the evidence of handwriting experts on the question of genuineness of a signature, the following facts must be kept in view: (1) very few people sign in the same manner on all occasions, (2) expert opinion on the ..Category: Property Law | Date: 15 Mar, 1990 | Hits: 66
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. ......equently having referred to his Diary 10 (P.W.9) rectified it saying that 'D' is a pathway and that mistake cropped up due to bona fide mistake. The learned lower Court has also held the same view. 23. Now we pass over to consider the impact of non‑examination of the doctor who held p..Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65
Abdul Momen Bhuiyan Vs. Haji Payez Ali Mia and others, 1990, 19 CLC (HCD)
....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. ...... 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 the Contract Act as well as the language used in the relevant..Category: Election Law | Date: 5 Mar, 1990 | Hits: 136
Azima Begum Vs. Yusuf Khan (Md) and others, 1990, 19 CLC (AD)
....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. ....... The High Court Division ought to have appreciated that in such circumstance the operation of the impugned order concerning custody would have spelt disaster to both the baby and the mother. In that view of that matter the exercise of discretion in not granting in order of ad-interim stay was not a..Category: Criminal Law | Date: 14 Feb, 1990 | Hits: 58
Anisuzzaman Vs. State, 1990, 19 CLC (HCD)
....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. ......rent individual owners there is no scope for me to hold that the act of committing the theft of the motors by (he accused was prejudicial) to the financial and economic interest of the State. In this view of the legal position I hold that charge under section 16 fails and the order of conviction and..Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86
Momin Miah & another Vs. Moinuddin Hossain & another, 1989, 18 CLC (AD)
....ty in dispute, that is, item No.1 of Schedule '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 ......st balance claim of the bank but that was refused due to lapse of date fixed. Then a suit for specific performance of contract being filed by the plaintiff against the judgement debtor defendants, in view of such facts the trial courts order staying proceeding of the execution case is perfectly just..Category: Contract Law | Date: 4 Dec, 1989 | Hits: 222
Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)
....ce by us. In the result, this appeal is dismissed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ......inal Revision No.94 of 1989 along with Criminal Miscellaneous Case No.57 of 1987 it appeared to us that in a case reported in 34 DLR (AD) 309 their Lordships of the Appellate Division expressed a view that against a judgment of acquittal the State or the aggrieved person may prefer an appeal und..Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153
Manindra Kumar Malakar Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....e copy of this order be communicated to the Deputy Commissioner, Gazipur and the Jailor, Gazipur District Jail at once for compliance. Ed. This Case is also Reported in: 43 DLR (1991) 71. ......enu) was minor at the relevant time excepting his statement…………………..(15) In a habeas corpus case like the present one their Lordships were of the view that if the age of the victim girl is not found less than 16 years, then father/ guardian will ..Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104
Sree Birendra Nath Singh and others Vs. Md. Mokbul Shah and others, 1989, 18 CLC (HCD)
....erference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court‑records at once. Ed. This Case is also Reported in: 43 DLR (1991) 77. ...... Trial Court inasmuch as amendment is necessary for determining the real issue under controversy between the parties and that the amendment sought for does not involve setting up of a new case and in view of this matter the learned Munsif committed an error of law in not exercising his discretion on..Category: Property Law | Date: 2 Aug, 1989 | Hits: 78
Ziaul Hoque Vs. Election Commission, 1990, 19 CLC (HCD)
.... is discharged with compensatory cost of Tk. 5,000/‑ (Taka five thou sand) only to be paid to the respondent No. 5 by the petitioner. Ed. This Case is also Reported in: 43 DLR (1991) 9. ......se of hearing of the petition that Writ Petition No. 650 of 1990 filed by some of the residents of the villages in question challenging the aforesaid notification is pending for disposal. In our view the decision in that case cannot affect the election in question inasmuch as the election ..Category: Election Law | Date: 14 Jun, 1989 | Hits: 98
Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)
....inate Judge, Narayanganj is directed to dispose of T.S. No.56 of 1984 in accordance with law as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 357. ......ot no legal right to set up the plea of adverse possession in the suit land. The defendants since 19.4.84 have recently started making open denial of the plaintiff’s title in the suit lands. In view of this the cause of action of the present suit has arisen. As the SCC Suit No.5/70 has not yet..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
Hazrat Ali & Abdur Rahman Vs. State, 1989, 18 CLC (HCD)
....emned prisoner Hazrat Ali with the modification of sentence of both the condemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ......condemned prisoner Hazrat Ali and Abdur Rahman did commit the murder intentionally in furtherance of common intention of both and they took the dead bodies by truck and buried them at Boalgari with a view to screening the offence and they have rightly been found guilty and as such convicted by the l..Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152
....order as to costs. The order of stay is vacated.
Let the suit be disposed of in accordance with law as expeditiously as possible.
Ed.
This Case is also Reported in: 43 DLR (1991) 79.
......eding with the suit forthwith, the Court may proceed to determine such issues and if the finding thereon is sufficient for the decision, may pronounce judgment accordingly. In DLR 30(SC) page 30 this views have been expressed by their Lordships................. (9)
Piecemeal trial discouraged
..
Category: Employment/Service Law | Date: 18 Apr, 1989 | Hits: 87
Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
....and the appeal is allowed without any order as to cost and the suit is dismissed. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 467....... give notice of his claim or his possession should be accompanied by some overt act asserting an ownership of such an open, notorious and hostile character as not to be easily misunderstood." Same view has also been expressed in ILR Pat, Vol. 25 412. In that decision it has been held that a perso..Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
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