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Shahabullah (Md) Vs. The State, 1990, 19 CLC (AD)
.... Secretary‑in‑charge of the Mitford Hospital, Dhaka demanded from PW 1, Amjad Hossain, a supplier of vegetables to that hospital, Tk. 200/‑ PM as illegal gratification for the acceptance of the goods supplied. After paying Tk. 200/‑ for three months for July, August and September, 1979 the s......witnesses. In the instant case the trial Court as well as the Appellate Court unhesitatingly accepted the prosecution evidence as to the acceptance and recovery of the bribe - There is no evidence on record to show that the witnesses were inimical towards the appellant or friendly towards the appell......number of decisions. Let us refer to one Muhammad Zaheer Nadeem Vs. The State, PLD 1960 (SC) 51(55) wherein it is observed: “It could be said with a great deal of force that to utilize the services of a Magistrate in the manner Mr. Minhas allowed himself to be used in the present case, is..Category: Anti-Corruption Laws | Date: 13 Jun, 1990 | Hits: 119
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. ...... 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 book having been dispensed with at the instance of the appell......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. ..Category: Procedural Law | Date: 6 Jun, 1990 | Hits: 107
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. ......pective shares of the parties was not disputed, but it is the subsequent transfer of 4450 shares of the respondent in favour of the Managing Director and his wife which is disputed. This transfer was recorded in the Share‑register, but the corresponding Annual Returns in Form-E, submitted to the R......th a notice of the transfer, and since no period of limitation has been prescribed for pre-emption by a non‑notified co‑sharer in any other law, Article 181 of the Limitation Act was brought into service. But the learned Chief Justice was himself not convinced of the reasoning for application of..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
Siddik Ali Vs. Nurun Nessa Khatun and others, 1990, 19 CLC (AD)
....cluding an inference of dissent by the landlord. The finding of the Courts below as to the right of the plaintiff on the basis of continuous possession after the expiry of the lease Ext.3 is based on good reasoning. Cases Referred to- Province of East Pakistan vs. Nakul Das Mridha & an......of the partition suit and the writ of delivery of possession showing that the defendants took possession of the suit land on 28.8.60. Ext. B, the certified copy of a judgment dated 23.5.61, shows the recording of the suit land in the names of the principal defendants. The Trial Court discarded Exts.......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. ..Category: Property Law | Date: 28 May, 1990 | Hits: 57
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. ......he defendant‑petitioner wrote a letter on 22.2.1980 to sell 0.12, acres of land out of the suit land with her permission. The defendant on the basis of the said deed of gift mutated his name in the record of right and paid rent. The plaintiff having come to know after procuring the details about t......o know after procuring the details about the mutation filed this suit. 3. The suit was contested by the defendant, contending, inter alia, that as the husband of the plaintiff was dismissed from service for corruption used to help her by giving money. The plaintiff being satisfied by such help,..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. ......licted gunshot injury killing victim Motleb. In that case after investigation charge sheet has already been submitted by the Police on 4.8.88. 3. On the self‑same incident another GD Entry was recorded by Abdul Hashem, the maternal uncle of deceased Motleb, alleging, inter alia, that Chunnu C......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. ..Category: Criminal Law | Date: 20 May, 1990 | Hits: 100
Aga Kohinoor Alam Vs. State and another, 1990, 19 CLC (HCD)
.... said to be without any basis nor the said proceeding can be held to be liable to be quashed. The Rule is accordingly discharged. Ed. This Case is also Reported in: 43 DLR (1991) 95. ...... lakhs and ultimately did not execute the kabala nor returned the money and thus cheated him. 8. It has also been submitted by the learned Advocate for the State that in the Government office no record or document of mutation or permission for sale in favour of the petitioner was available whic...... said to be without any basis nor the said proceeding can be held to be liable to be quashed. The Rule is accordingly discharged. Ed. This Case is also Reported in: 43 DLR (1991) 95. ..Category: Criminal Law | Date: 13 May, 1990 | Hits: 73
Ayesha Khatun (Musammat) Vs. Musammat Jahanara Begum & others, 1990, 19 CLC (AD)
.... per provision of section 96 of the State Acquisition and Tenancy Act. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 9. ...... per provision of section 96 of the State Acquisition and Tenancy Act. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 9. ...... per provision of section 96 of the State Acquisition and Tenancy Act. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 9. ..Category: Property Law | Date: 11 Apr, 1990 | Hits: 47
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. ......the learned Advocate for the petitioner was suffering from various illnesses and as such he was unable to take any step earlier. It was further stated that the petitioner also could not trace out the records of the case and file the application in time. The learned Munsif, however, by the irnpugned ......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. ..Category: Civil Law | Date: 5 Apr, 1990 | Hits: 1
Kanak Mala Vs. Md. Safiuddin & others, 1990, 19 CLC (HCD)
....ly set aside and the suit is dismissed. In the result, the Rule is made absolute as indicated above without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 38. ......rove the plea of bona fide requirement. Bona fide requirement is not a mere wish, whim or fancy of the landlord but it means actual necessity by the land lord. There should be sufficient materials on record on which court can rely for the proof of the plea of bona fide requirement. ...... of the plaintiff at his own cost; that the husband of the defendant set up a factory for manufacturing all sort of aluminium utensils that the plaintiff is not entitled to get any relief without the service of alleged notice under section 106 of the Transfer of Property Act. 5. Both parties le..Category: Property Law | Date: 5 Apr, 1990 | Hits: 74
Sonali Bank Vs. M/s Begg & Beg Jute Incorporated Limited & others, 1990, 19 CLC (HCD)
....te Judge and Commercial Court No.II at Dhaka. 2. The appellant as plaintiff instituted the suit against the respondents as defendants in the said court for recovery of money by sale of mortgaged goods stating, inter alia, that the defendant No.1 Company M/s. Begg & Beg Jute Incorporated Ltd...... 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. ...... 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. ..Category: Civil Law | Date: 1 Apr, 1990 | Hits: 79
Aftabuddin Fakir Vs. Sowdagar Rabi Das & others, 1990, 19 CLC (HCD)
....ion laid down in Order XLI rule 31 CPC. In the result, the Rule is made absolute as indicated above without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 42. ......and in the nature of speaking order. Affirming judgment need not enter into detailed reasons to the same extent as that of the judgment of reversal. In a judgment of affirmance it is not necessary to record exhaustively all the reasons advanced in the Judgment of the Trial Court. The Crucial test is......ion laid down in Order XLI rule 31 CPC. In the result, the Rule is made absolute as indicated above without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 42. ..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)
.... the impugned Judgment of the learned Subordinate Judge is set aside and the award dated 14.12.1986 is made the Rule of the Court. Ed. This Case is also Reported in: 43 DLR (1991) 1. ......rial Court to hold that the starting point of limitation would be 24.2.1983. As such the finding, in the opinion of the learned advocate for the appellant, is not based on evidence or no materials on record. 10. Mr. Saif Uddin Mahmud, the learned advocate appearing for the Chittagong Port...... the impugned Judgment of the learned Subordinate Judge is set aside and the award dated 14.12.1986 is made the Rule of the Court. Ed. This Case is also Reported in: 43 DLR (1991) 1. ..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)
....terest of defendant Nos.1‑11; that plaintiff No.1 was inducted as a tenant in the hut standing on CS Plot No.117 and he adversely possessed plot No.118 for more than 12 years and thereby acquired a good title by adverse possession therein; that defendant Nos.12 and 13 on the basis of some fal......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. ......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. ..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. ...... appeal the learned Subordinate Judge, 1st Court, Dhaka by his judgment and decree dated 27-2-83 in Title Appeal No.101 of 1983 found that the notice Ext.4 appeared to be defective on the face of the record inasmuch as the tenancy in questo was not terminated with the expiry of the Bengali month of ......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. ..Category: Tenancy Law | Date: 25 Mar, 1990 | Hits: 124
Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)
....M on that date in his house in presence of Abdur Rashid, Haizuddin, himself and the plaintiff and the defendant No.1. Now it appears from the evidence of the aforesaid PWs that there were a good number of persons allegedly present at the time Of execution of the bainapatra Ext.4 and t......a suit, some requirements of law must be fulfilled before passing an expert decree in favour of the plantiff by the court. The court is required to come to a finding on assessment of the materials on record that the plaintiff has been able to prove the case. Bangladesh VS Abdul Wadud and others......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. ..Category: Property Law | Date: 15 Mar, 1990 | Hits: 66
Abdur Rabban (Md) Vs. Aminul Hoque Sowdagar and another, 1990, 19 CLC (AD)
....Nurullah submits that these statements of defendant No. 1 were perfectly admissible in evidence as admissions on his part as to his relationship with Subhashini and the plaintiff, and are, therefore, good evidence in demolition of his case of adverse possession. 9. An admission is defined in se......e was also granted to consider whether the rejection of the application for amendment of the plaint was made on tenable grounds as the amendment sought for could be decided on the evidence already on record and it could not in any way change the nature and character of the suit. 8. While arguin...... For the reasons stated above we do not find any merit in the appeal. The appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 19. ..Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123
Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....ses sat and saw the occurrence and as such the story of occurrence being seen by witnesses sitting on a bench in front of Ansar's shop is a subsequent embellishment. This submission does not hold good because FIR is not supposed to contain detailed version of the prosecution case. It is a mis‑...... conformity in substantial fabric of the testimony delivered. 21. The learned Advocate further submitted that much bad blood exists between the parties and that has been borne out by evidence on record. It is true that both the parties were involved in civil and criminal litigation in the matte......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. ..Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65
Zakir Hossain and others Vs. The State and other, 1990, 19 CLC (AD)
....tan Magistrate, Dhaka is stayed till the disposal of Title Suit No.159 of 1987 of the First Court of Subordinate Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ......tan Magistrate, Dhaka is stayed till the disposal of Title Suit No.159 of 1987 of the First Court of Subordinate Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ......tan Magistrate, Dhaka is stayed till the disposal of Title Suit No.159 of 1987 of the First Court of Subordinate Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ..Category: Anti-Corruption Laws | Date: 12 Mar, 1990 | Hits: 114
Abdul Momen Bhuiyan Vs. Haji Payez Ali Mia and others, 1990, 19 CLC (HCD)
....ted a sum of Tk. 2,00,000/‑ for settlement of the claim what had been made in the money suit itself and for final adjustment his prayer is under the active consideration of the Rank authority. As a good gesture he should deposit the rest of the amount within two months there from. The impugned pro......ity appears to have questioned the validity of the certificate issued by the local Branch Manager of the Bank concerned. Then to adjudicate as to whether the petitioner is a defaulter or not it needs recording of evidence which is not advisable in a proceeding under Article 102 of the Constitution. ......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. ..Category: Election Law | Date: 5 Mar, 1990 | Hits: 136
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