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Abdul Hai Sikder and another Vs. State, 1990, 19 CLC (AD)
.... fullness and completeness are enough to justify the conviction. We find no merit in this appeal. Hence the appeal is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) 95. ......n: 43 DLR (AD) 95. ...................................................Respondent Judgment August 1, 1990. Result: The appeal is dismissed. The Evidence Act, 1872 (I of 1872), Section 134 The evidence of a solitary witness can very well be the basis of conviction if his evidence is full, com..Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 91
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. ......se is also Reported in: 43 DLR (AD) (1991) 10. ......tif Majumder and others ............Respondent Judgment July 30, 1990. 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..Category: Criminal Law | Date: 30 Jul, 1990 | Hits: 59
....ovincial Government at the relevant time was not authorised to act on behalf of the Central Government in this particular subject, I am of the view that his last submission also fails. In view of the facts and circumstance and my discussions above I hold that the present suit of the plaintiff has no......cial Bank Ltd. (in liquidation)" a banking company was incorporated in the year 1921 under the Indian Companies Act, 1913. The said Bank with all its branches suspended, its functions in August, 1948 and in 1949 the Government advised the District Magistrate, Mymensingh, to lock and seal the head of......e case. Ext. 0 series are the certified copies of the deeds of sale by which the defendant No. 2 Haji Md. Suruzzaman and Master Golam Muksud purchased the land from Motilal. These are the documentary evidence which are marked Exts. in this case.
11. The plaintiff examined Md. Abdul Hai, Assistant..
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. ......e Court Appellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdur Rahman Mondal and others.............Appellants Vs. The State..............................................ly 23, 1990. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), Section 423 Whether an appellate court can order retrial of a criminal case when evidence on record are sufficient to decide the appeal only to give an opportunity to adduce further..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. ......8. ......ppeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Section 107(1) (b) Credibility, trustworthiness, etc, of witnesses are matters pertaining to the domain of appreciation of evidence, a special preserve of the Trial Court and the first Appellate Court and once the option ha..Category: Property Law | Date: 22 Jul, 1990 | Hits: 43
Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)
....l without any transferable or heritable interest, but the word cannot be limited to a mere tenant‑at‑will under all circumstances - the subsequent history and attendant circumstances are relevant facts to be taken into consideration in determining the character of the possession – Use of t......bt indicative of a mere tenant‑at‑will without any transferable or heritable interest, but the word cannot be limited to a mere tenant‑at‑will under all circumstances - the subsequent history and attendant circumstances are relevant facts to be taken into consideration in determining the cha......ntiff-respondent filed the suit for declaration of title and recovery of khas possession of the suit land against appellant No. 1 and the predecessor-in-interest of the other appellants. She produced evidence that one Giribala Baishnabi was the recorded tenant as 'Dakhalkar' of the suit land..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. ......on (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Idris Ali Bhuiyan ...........................Petitioner Vs. Enamul Haque and another....................Respondents Judgment July 17, 1990. Result: The r......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. ..Category: Property Law | Date: 17 Jul, 1990 | Hits: 30
Bijoy Kumar Basak Vs. Narendra Nath Datta & others, 1990, 19 CLC (HCD)
....erring OC Suit No.111 of 1981 from the Court of the learned Subordinate Judge, Rajshahi to the Court of the learned Munsif (Now Assistant Judge), Sadar, Rajshahi for expeditious disposal. 2. The facts relevant for the disposal of the rule may be stated as follows: ‑The present opposite party ........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 transfer of suits alleging bias o......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. ..Category: Property Law | Date: 11 Jul, 1990 | Hits: 67
Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)
....minal Revision No. 281 of 1984 by the Additional Sessions Judge, Dhaka should not be quashed and the operation of the impugned judgment and order was stayed till the disposal of the Rule. 2. The facts leading to the Rule, in brief, are, that the petitioner Dr. Mohammad Abdul Baten lodged inform......power is reflected in this order either in section 522 or in any other section of Cr. PC. the learned Additional Sessions Judge has not passed any order for re-delivery of possession of the disputed land to the informant petitioner. He has acquitted accused Idris Ali Dewan of the charge under sectio...... 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. ..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. ...... Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdur Rouf Miah ...........................Petitioner Vs. Fazlur Rahman and others..............Respondents Judgment June 27, 1990. Result: The petiti......d when? According to the elected candidate it was a post‑election mischief at the instance of the defeated candidate or candidates. This is a question which cannot be determined except by recording evidence, given on oath. This is a job of the Tribunal and not of the Election Commission. The view ..Category: Election Law | Date: 27 Jun, 1990 | Hits: 139
Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)
....iscellaneous Appeals against two awards passed by the 4th Subordinate Judge and Arbitrator, Dhaka in Land Acquisition cases under the Emergency Requisition of Property Act, 1948. 3. The relevant facts of these two appeals are that the appellants' lands were acquired by the Government under ......R (AD) (1991) 28. ...... 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. ..Category: Limitation Law | Date: 25 Jun, 1990 | Hits: 176
....aka in Title Appeal No.382 of 1983 allowing the appeal reversing the judgment and decree dated 27.11.83 passed by Mr. Matiur Rahman, Munsif, 1st Court, Dhaka in Title Suit No.389 of 1983.
2. The facts leading to the revisional application are that the present petitioner as plaintiff instituted ......visional Jurisdiction)
Present:
Naimuddin Ahmed J
AKM Hedayetul Islam...................Petitioner
Vs.
Executive Vice Chairman, Bangladesh Agricultural Research Council and another..........Opposite Parties.
Judgment
June 20, 1990.
Result:
The Rule ......cessary, so that the petitioner is not deprived of the opportunity of cross-examining the witnesses examined by the Enquiry Officer and the petitioner was not afforded the opportunity of adducing any evidence in his defence. The petitioner should get an opportunity of being heard in person and enqui..
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)
....e matter on the basis of the statements and grounds as contained in the winding‑up applications as the applications are strictly confined to the grounds expressly taken in these petitions. Even new facts cannot be incorporated by amendment in the existing applications for winding up and on that sc...... Ed. ...... 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 and going into the merit of the cases- Order staying the applications for winding up s..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)
....00 shares of the respondent No.3 had been transferred to Mrs. Amir Banoo which has been categorically denied by both the petitioner and the respondent No.3. 8. In the background of the aforesaid facts and circumstance of the case Mr. Md. Aminul Huq, the learned Advocate for the petitioner, subm...... (Original Civil jurisdiction) Present: Md. Mozammel Hoque J Sher Ali Amir Ali Virjee.................................... Petitioner Vs. Eastern Industries (Bangladesh) Ltd. and others.......................Respondents Judgment June 17, 1990. Result: Th......f the appellant's name on the ground of non‑production of the share certificates particularly when the company was unable to waive their production. Before the company there was no satisfactory evidence of the loss or destruction of the share certificates so that it could waive their productio..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
Shahabullah (Md) Vs. The State, 1990, 19 CLC (AD)
....al office, and it would necessarily be injurious to the position of the judiciary as a whole, if the practice of utilizing Magistrates as decoys and tricksters become widespread." 5. In the facts of the case it was, however, held "that the attack upon the reliability of the Magistrate......erial particulars, such principle cannot be extended to the evidence of trap witnesses, because the latter cannot be termed as accomplices. With regard to corroboration of trap witnesses no hard and fast rule or guidance can be given. There may be cases where the Court will look for independent......vention of Corruption Act, 1947 (II of 1947), Section 5(2) The Penal Code, 1860 (XLV of 1860), Section 161 Whether witnesses of a trap case are accomplice requiring corroboration of their evidence in material particulars Though in case of accomplice evidence the rule of prudence ha..Category: Anti-Corruption Laws | Date: 13 Jun, 1990 | Hits: 119
Atiqur Rahman Vs. AKM Fazlul Hoque, 1990, 19 CLC (HCD)
....n. 28 DLR (AD) 38 and 27 DLR (AD) 29 cited. In the first case under reference three categories of case have been mentioned where the court can quash a pending legal proceeding (1) Where the facts alleged are so preposterous that they cannot from the basis of any prima facie case; (2) the c......not mentioned in the first FIR on the basis of which on completion of investigation the police submitted final report which was accepted by the learned Magistrate. Abdus Salam Master alias Salam and another Vs. The State referred. No prima facie can be based on suspicion. 28 DLR (AD) ......e facts alleged are so preposterous that they cannot from the basis of any prima facie case; (2) the cases where there is a legal bar to further proceedings, and (3) the cases where there is no legal evidence to prove the charge……………….. (7, 10) Cases Re..Category: Fiscal/Taxation Law | Date: 11 Jun, 1990 | Hits: 80
Abdul Mannan and others Vs. Akram Ali and others, 1990, 19 CLC (AD)
....reasonable. The Registrar is directed to put up the matter to the Chief Justice for necessary order as to transfer of the case. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 129. ...... 43 DLR (AD) (1991) 129. ......ule 23 Whether there was any necessity for remanding the case to the Trial Court for re‑trial when there was concurrent finding of the two courts below in respect of possession and the entire evidence, both oral and documentary, having been available on record. Preparation of the paper..Category: Procedural Law | Date: 6 Jun, 1990 | Hits: 107
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....) Judgment May 31, 1990. Result: The appeals are dismissed. The Companies Act (VII of 1913); Sections 38 & 40 When both parties have led all their evidence and the facts involved in the applications for rectification of the share registers are not of complicated n......e is also Reported in: 43 DLR (AD) (1991) 34. ......eal No.44 of 1986) Judgment May 31, 1990. Result: The appeals are dismissed. The Companies Act (VII of 1913); Sections 38 & 40 When both parties have led all their evidence and the facts involved in the applications for rectification of the share registers are not..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. ......preme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ ME Rahman J Mustafa Kamal J Latifur Rahman J Siddik Ali being dead his heirs: Afia Rahman and others...................Appellants Vs. Nurun Nessa Khatun and others ......................er is constituted. Such a tenancy cannot be created by the tenant’s continuance of possession alone. There must also be the assent of the landlord- assent may be expressed or implied. It may be evidenced by acceptance of rent or by other circumstances -Where the lessor dissents or does not ass..Category: Property Law | Date: 28 May, 1990 | Hits: 57
....the petitioner.
6. Mr. Suranjit Sen, the learned Advocate for the respondent No. 10, the elected Chairman has submitted that this Writ Petition is not maintainable to decide disputed question of facts and the petitioner has got alternative remedy before the Election Tribunal to ventilate his gr......
Fazle Hussain 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.
Up......ng Officer he is to wait till publication of the result and constitution of the Election Tribunal and to file on election dispute case before the tribunal and if he can satisfy the Tribunal by cogent evidence then the Tribunal may order for recreating the ballots and in an appropriate case also dire..
Category: Election Law | Date: 24 May, 1990 | Hits: 101
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