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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. ......claratory 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 both the courts found that the deed of gift executed in favou......uninterrupted possession for more than 12 years in the disputed land. He next submits that the finding of possession of both the Courts below in favour of the plaintiff is the result of misreading of evidence. He continued to argue that a suit for declaration that the mutation is void, illegal and n..Category: Property Law | Date: 22 May, 1990 | Hits: 111
Bakul Howlader @ Shamsul Alam Vs. The State, 1990, 19 CLC (AD)
.... impugned order we do not also find anything that there is any allegation of tampering with the evidence and any new material has been produced by the State justifying cancellation of the bail in the facts and circumstances of the case. Thus, we are of the view that the High Court Division did not e......nt 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 their judicial discr......ounter case the learned Judges of the High Court Division did not exercise their judicial discretion properly in cancelling the bail of the appellant when there is no allegation of tempering with the evidence against him. Moreover state has not produced any new material to justify cancellation of ba..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. ......itioners Vs. The State ........................................Opposite party Judgment May 14, 1990. Result The Rule is made absolute. Every judgment shall be dated and signed by the presiding officer in open court at the time of pronouncing it. Hence putting the d......rable. 5. The learned District Judge further observed, "the plain paper ejahar and the formal FIR from have not been formally proved and the basis of a Criminal case has not been taken into evidence, and without the ejahar being proved and taken into legal evidence I am of the opinion that..Category: Criminal Law | Date: 14 May, 1990 | Hits: 66
Aga Kohinoor Alam Vs. State and another, 1990, 19 CLC (HCD)
.... the petitioner was available which confirmed the fact of forgery. The learned Advocate for the State next submitted that the Court of Settlement did not at all go into the question or as to the facts relating to the criminal offence of forgery and cheating and, therefore, the findings of the C......vision (Criminal Revisional Jurisdiction) Present: Amin‑ur Rahman Khan J Habibur Rahman Khan J Aga Kohinoor Alam .........................Petitioner Vs. The State and another.....................Opposite Parties Judgment May 13, 1990. Result: ...... 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
Sonali Bank Vs. Nurul Kader and another, 1990, 19 CLC (HCD)
....r section 151 CPC and the application under Order 9, rule 4 CPC shall be treated as an application under section 151 CPC and this Court in exercise of its revisional jurisdiction is competent, in the facts and circumstances of the present case, to treat the irnpugned order as an order passed under s......onali Bank………………………………………………….Petitioner Vs. Nurul Kader and another……………………………&......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. ......nsfer of Property Act, 1882, for vacating a suit premise shall be for six months. Section 18 of Premises Rent Control Act, 1991 puts emphasis on the bona fide requirement of the premises by the landlord. The premises in question must be required for a particular purpose. ......of personal requirement in a notice under section 106 of the Transfer of Property Act, 1882 will not exonerate the landlord from liability of establishing the bona fide requirement on adducing cogent evidence. It is not a correct proposition of law to say that concurrent finding can not be dist..Category: Property Law | Date: 5 Apr, 1990 | Hits: 74
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. ......the date of the decree or from the date of the decree till realisation is purely a matter of discretion of the Court.....................(9) Cases Referred to- Dawoodbhai Kassemji Matiwalla and another Vs. Shaikhalibhoy, AIR 1953 (Born) 445; Kishenlal and others Vs. Radhalal and other......t either from the date of institution of the suit till the date of the decree or from the date of the decree till realisation is purely a matter of discretion of the court and in the face of the evidence of D.W.1 referred to above we are of the opinion that the Commercial Court has exercis..Category: Civil Law | Date: 1 Apr, 1990 | Hits: 79
Aftabuddin Fakir Vs. Sowdagar Rabi Das & others, 1990, 19 CLC (HCD)
....le the High Court to judge whether lower Appellate Court has properly appreciated and decided the case. The 1st Appellate Court is expected to give its own decision specially on materials relating on facts which would be self explanatory and in the nature of speaking order. Affirming judgment need n................Opposite Parties Judgment March 29, 1990. Result: The Rule is made absolute It is incumbent on the part of the 1st Appellate court as final court of fact to discuss and assess evidence on merit and to give his own finding………............(10) ......pposite Parties Judgment March 29, 1990. Result: The Rule is made absolute It is incumbent on the part of the 1st Appellate court as final court of fact to discuss and assess evidence on merit and to give his own finding………............(10) The 1st A..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)
....ng away............ (18) There is no legal requirement that the arbitration should be completed within a stipulated period of time. The conclusion of the arbitration proceedings depends upon the facts and circumstances of each case……………………......iction) Present: Muhammad Sohrab Ali J Md. Badruzzaman J M/s. Rising Sun Traders Ltd.............................................Appellants Vs. Chittagong Port Authority and another..............................Respondents Judgment March 28, 1990. Result:......roneous on the part of the Trial 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 appea..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)
....rt ought not to act on the principle that every procedure is to be taken as prohibited unless it is expressly provided for. To give such a meaning to the omission would result in grave injustice. The facts of this case are a clear example in point. The Court should proceed on the principle that......vision (Civil Revisional Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Bangladesh Leaf Tobacco Company Ltd........................Petitioner Vs. Md. Abdul Mannan and others.....................................Opposite Parties Judgment March 27, 1990. ......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. ......991) 98. ......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)
....g expert is always received 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) ......ivision (Appellate Jurisdiction) Present: Md. Ismailuddin Sarker J Muhammad Ansar Ali J Sheikh Salimuddin................................Appellant Vs. Ataur Rahman and others........................Respondents Judgment March 15, 1990. Result: T......................................Appellant Vs. Ataur Rahman and others........................Respondents Judgment March 15, 1990. Result: The appeal is allowed. The evidence of an export is of very weak character It is well settled that evidence of an expert w..Category: Property Law | Date: 15 Mar, 1990 | Hits: 66
Abdur Rabban (Md) Vs. Aminul Hoque Sowdagar and another, 1990, 19 CLC (AD)
.... of Mr. Nurullah fails. 14. On limitation Mr. Nurullah does not challenge the finding of the High Court Division that Article 137 of the First Schedule to the Limitation Act is applicable in the facts and circumstances of the case. All he submits is that defendant No. 1 has himself led document...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdur Rabban (Md) .......................................................Appellant Vs. Aminul Hoque Sowdagar and another..........................Respondent Judgment March 15, 1990. Result: ...... March 15, 1990. Result: The appeal is dismissed. The Evidence Act, 1872 (I of 1872), Section 17 Whether admission of the defendant in a separate proceeding can be accepted as evidence to hold that he was a tenant under predecessor-in-interest of the plaintiff whose case agai..Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123
Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....blow his intestine come out. Victim Rafiq Gazi succumbed to the injury on his way to hospital. 3. Amanullah Gazi (P.W.1) went to the Munshigani PS and lodged First Information Report stating all facts referred above naming the assailants of the victim Rafiq Gazi. Some delay occurred in lodging ......sar Ali J Ataur Rahman & others ...............................Appellants Vs. The State.......................................................Respondent Judgment March 12 and 14, 1990. Result: Both the appeals are dismissed. Evidence can not be rejected fo...... 14, 1990. Result: Both the appeals are dismissed. Evidence can not be rejected for discrepancy in detail Discrepancy in the matter of detail of incident always occurs even in the evidence of truthful witnesses and such variation creeps in because faculties of different individua..Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65
Zakir Hossain and others Vs. The State and other, 1990, 19 CLC (AD)
.... also submitted that the allegations made in the FIR do not constitute any offence under sections 467 and 420 of the Penal Code. At this stage we do not like to examine this question. 6. In the facts of this case as in point of time the civil suit was instituted before the filing of the FIR an......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)
....s not annexed the initial order of rejection passed by the Returning Officer. It appears from the appellate order, Annexure‑D to the petition, that the concerned authority took note of the relevant facts that the petitioner took loan to the tune of Tk. 2 lacs in 1980 from the concerned Bank, which...... Islam Chowdhury J Abdul Momen Bhuiyan…………………………………….Petitioner Vs. Haji Payez Ali Mia and others.......................Opposite Parties Judgment March 5, 1990. Result: ......o 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. Thus, fo..Category: Election Law | Date: 5 Mar, 1990 | Hits: 136
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. ......e within the meaning of section 16 of the Special Powers Act, 1974. It is held that theft of property belonging to the citizen does not attract the provision of section 2(1) of the Special Powers Act and a person can not be convicted under section 16 for committing theft of such property…&hel......next contends that PWs 5, 6 and 7 were shown in the seizure list as witnesses and as such their examination in court to prove the seizure list is not free from doubt. He seriously urged that from the evidence it appears that the Engineers of BADC identified the electric motors but none of them has b..Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86
Momin Miah & another Vs. Moinuddin Hossain & another, 1989, 18 CLC (AD)
....aim 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 justified and the......ember 4, 1989. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908) Order XXXIX, rule I The judgement debtor entered into a contract to sell the mortgaged land for satisfaction of the decretal amount but full requirement has not been met. The bank was not ......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 ..Category: Contract Law | Date: 4 Dec, 1989 | Hits: 222
Moynul Hasan and others Vs. Nazmul Haq @ Nazmul Hasan and others, 1989, 18 CLC (HCD)
....te party No. 1 (defendant No. 8). This speaks of suppression, even fraud. Studied in the light of the decisions cited by the learned Advocate for the opposite parties, we are inclined to hold, in the facts and circumstances of the present case, that limitation was not a material point for decision o...... Case is also Reported in: 43 DLR (1991) 82. ......llaneous Case resisted the application by filing written objection denying the allegation of non‑service of summons upon the petitioners and pleading bar of limitation. 4. Both the parties led evidence and on consideration of the evidence the learned Subordinate judge by his impugned judgment..Category: Limitation Law | Date: 28 Nov, 1989 | Hits: 219
Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)
....case. 40. In any view of the matter, since we have held that the ingredients of section 366A of the Penal Code and those of section 4(b) of Ordinance No. LX of 1983 are not at all attracted in the facts and circumstances of the present case, the impugned judgment of acquittal passed by the Specia......ondents Judgment August 16, 1989. Result: This appeal is dismissed. Cases Referred to- Firoza Begum Vs. Hormuz Ali & another, 40 DLR 161; Abdul Halim Mollah alias Monohar Mollah and another Vs. The Member, Appellate Tribunal, Dhaka and others, 34 DLR (AD) 309; Abbas Bahara and ......ant of the case and father of the victim girl Uma Rani Malakar, preferred this appeal. 8. Since it has been treated as appeal under section 30 of the Special Powers Act, let us now examine the evidence of the prosecution witnesses. 9. P.W.1 is the informant himself. In his evidence he ha..Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153
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