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Mahbubul Alam Chowdhury and others Vs. Chaman Ara Begum and others, 1991, 20 CLC (AD)
.... 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 ...... 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
Nannu Gazi Vs. Awlad Hossain & others, 1990, 19 CLC (AD)
....t aside and it is directed that the case (GR Case No.1185 of the Court of Upazila Magistrate, Amtali) proceed according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 63. ......less". This order was unsuccessfully challenged before the Sessions Judge and the High Court Division in revision. Leave was granted to consider whether the order of discharge was sustainable in law. 3. Mr. Rafiqur Rahman, learned counsel for the appellant, contends that the learned Magis..Category: Criminal Law | Date: 14 Aug, 1990 | Hits: 60
Golam Kader Vs. Abdul Khaleque Choukder and others, 1990, 19 CLC (AD)
....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. ......hem to be included within the framework of the present suit. That will convert the present suit for specific performance of contract into a suit for determination of title which is not permissible in law. The appellants may file an application for analogous hearing of Title Suit No. 7 of 1969 with t..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. ......ot;accordingly we cannot place any reliance on the statement of PWs. 4 and 5. It is well-established that the FIR can be used only to corroborate or contradict the maker thereof. There is neither any law nor any principle on the basis of which the testimony of another witness can be ignored or rejec..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. ......ohammad & another, 21 DLR (SC) 382 where it has been held that where a litigant is kept in dark about the fate of his case, it is wrong to say that for a remedial action against it as provided by law, time would start to run against him from the date of the order and not from the date when he co..Category: Procedural Law | Date: 8 Aug, 1990 | Hits: 108
Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan (Md) & others, 1990, 19 CLC (AD)
.... In the result, all the appeals are allowed without, however, any cost, and the impugned order of the High Court Division is set aside. Ed. This Case is also Reported in: 43 DLR (AD) 154. ......oration to assign any reason or to serve any show‑cause notice, for termination of an officer/employee. This provision for termination is undoubtedly a harsh provision. But a Court cannot declare a law invalid on the ground that it is harsh or unjust. If the termination is found to be within ..Category: Employment/Service Law | Date: 8 Aug, 1990 | Hits: 101
Kazi Abdul Jalil Vs. Jashim Munshi and another, 1990, 19 CLC (AD)
.... The impugned order of the High Court Division is set aside and that of the Sessions Judge is restored. The appeal is allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ......was applicable to this case and accordingly quashed the entire proceeding against the respondents i.e. GR Case No. 46 of 1982. Leave was granted by us to consider whether this decision was correct in law. 3. The provision for specifying a time within which an investigation by the Police is to ..Category: Criminal Law | Date: 6 Aug, 1990 | Hits: 50
Abul Kashem and others Vs. The State, 1990, 19 CLC (AD)
....lowed. The appellants shall appear before the Sessions Judge, Bhola and till then the bail granted by this Court will continue. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 77. ......he Assistant Sessions Judge dated 29.1.99. 9. The, appellants' appeal in Criminal Appeal No. 49 (3) of 1985 is remanded to the Court of Sessions Judge, Bhola for disposal in accordance with law. 10. The Sessions Judge may himself dispose of the appeal or transfer it to the Court of a..Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 51
Badsha Mia and others Vs. Abdul Latif Majumder and others, 1990, 19 CLC (AD)
....ond forthwith. The Deputy Commissioner, Comilla will report compliance of the order of this Court within 2(two) months from date. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 10. ......ectly found that the appellants are guilty of contempt of Court. 9. Mr. Bhuiyan next contends that the conviction and sentence of the appellants without lacking evidence is also not warranted by law. This observation of the learned Advocate is wholly untenable because power of a High Court to i..Category: Criminal Law | Date: 30 Jul, 1990 | Hits: 59
....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.
......icipality and also with the Government Tahsil office and paid the municipal tax and Government rent. While the said owner Motilal was in exclusive physical possession of holding No. 6 Machua Bazar as lawful owner, he. sold 8‑1/2 decimals of land to the answering defendant by four registered kabala..
Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
Abdur Rahman Mondal and others Vs. State, 1990, 19 CLC (AD)
....ellate Court for re‑hearing and disposal on the basis of the existing evidence on record in accordance with law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17. ......puty Attorney-General, appearing on behalf of the State, submits that the State has no objection if the case is sent back to the Appellate Court below for re‑hearing and disposal in accordance with law. 9. The summary of the Appellate Court's findings, as presented by Mr Amirul Islam, le..Category: Criminal Law | Date: 23 Jul, 1990 | Hits: 52
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. ......ically raised in the Trial Court and in the first Appellate Court - If not so raised, the revisional Court was not obliged to entertain issues of fact for the first time in revision. As for issues of law and mixed question of fact and law the revisional Court itself was competent on the basis of the..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. ......an inference that the tenancy was a permanent tenure and not a tenant-at-will. Consequently the High Court Division was justified in interfering with the finding, which is a mixed finding or fact and law, arrived at by the lower Appellate Court. The appeal is dismissed without any order as to ..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. ...... justified Review of a judgment can be made where there is an error apparent on the face of the record or that the attention of this court was not drawn to any particular statutory provision of law for which an error has crept in the judgment. Since the vendor of the plaintiff had knowledge of..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. .......................................Petitioner Vs. Narendra Nath Datta & others............Opposite Party Judgment July 11. 1990. Result: The Rule is discharged. A lawyer should be very vigilant and diligent in drafting applications particularly application for tr..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. ......e death of her husband and to secure the ends of justice she may be substituted in place of the deceased petitioner so as to enable her to proceed with the revision case. There is no law prescribed in the Criminal Procedure Code, 1898 prohibiting or restricting the heirs of the dece..Category: Criminal Law | Date: 27 Jun, 1990 | Hits: 110
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. ......d within the period of limitation under the Special Law In Bangladesh there has been no amendment of the Limitation Act extending the scope of section 5 of the Limitation Act to special or local law which prescribes a different period of limitation as provided under Schedule 1 of the Limitation..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.
......e.
5. Against the aforesaid judgment and decree passed by the learned Munsif, the opposite party No.1 preferred Title Appeal No.382 of 1983 and after Considering the materials before him and the law involved in the case the learned Subordinate Judge reversed the judgment and decree passed by th..
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. ......59 of 1984) Judgment June 19, 1990. Result: The appeals are dismissed. The Companies Act, 1913; Section 162 Whether the learned Company judge fell into serious error of law in staying sine die all further proceedings of winding up petitions without taking oral evidence..Category: Business or Commercial Law | Date: 19 Jun, 1990 | Hits: 124
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. ......ose of the present case, The case reported was a public limited company but at the present case it is a private limited company established in fact between the two full brothers. Though in the eye of law there is no difference between the private limited company or public limited company as regards ..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
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