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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. ...... in setting aside the application for addition of parties in the facts of the present case. 7. The suit as filed by the plaintiffs is a suit for specific performance of contract wherein the real question to be determined is whether the contract for sale between the parties was a genuine one and......ent August 13, 1990. Result: The appeal is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order I Rule 10 Whether the appellants are not necessary parties in the facts of the present case. The High Court Division found that appellant Nos. 1 and 2 have not ..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. ......t P.W.Insan is the wife's father's brother of the deceased and P.W.5, Arshed Ali is behai of P.W. Insan. 20. At this stage it may be pointed out as to how the trial court considered the question of relationship of the witnesses. The Sessions Judge noticed the defence contention that P.......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. ..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. ......mitted by a court or its officers there are high authorities laying down that in circumstances of this nature, it is not only the right but the duty of the Court to correct its own mistake. The question of limitation is immaterial in the present case inasmuch as the Court in restoring the suit......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. ..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. ......etition Nos.167, 168, 169, 170, 219, 220 and 221 of 1987). Judgment Shahabuddin Ahmed CJ.- All these seven appeals have been brought by special leave granted by us on 20 May, 1990. A common question of law being involved in these appeals which are also directed against the same order of th......or a long time, when they made some suggestions for improvement in the Duty Free shop of the Corporation. Though in their writ petitions the respondents made a general allegation of' malafide, no facts and materials were produced to make out a case of malafide exercise of power to terminate. The..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. ......ent and order dated 1.8.1984 passed by the High Court Division, Barisal Barisal0 Criminal Revision No.11 of 1984). Judgment Shahabuddin Ahmed CJ.- In this appeal by special leave the only question is whether the investigation, on the basis of which the police submitted charge-sheet again...... 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. ..Category: Criminal Law | Date: 6 Aug, 1990 | Hits: 50
Afruz Miah (Md) and another Vs. Alhaj Md. Siraj Miah, 1990, 19 CLC (AD)
.... present case, the same suffers from no illegality. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 89. ...... present case, the same suffers from no illegality. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 89. ......ng evidence and a trial of this basic issue in the same suit appears to be the appropriate remedy. The High Court Division having properly exercised its judicial discretion in the matter on the facts of the present case, the same suffers from no illegality. In the result, the appeal is d..Category: Procedural Law | Date: 5 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. ......ent 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 allegations There being no specific ......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. ..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.
......he does not know the contents of the written statements filed by the defendant Nos. 2 and 3. He knew nothing about the certificate case No. 141 of 1952‑53 by which Motilal purchased the property in question. He did not know whether the, auction purchaser possessed the suit land or not. He admitted......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..
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. ......record are sufficient to decide the appeal only to give an opportunity to adduce further evidence to fill up its lacuna When decision of a pending miscellaneous case has no bearing in deciding questions of possession of the informant in the disputed land and Masud Anwar and other lessees were......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. ..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. ......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 evidence on r......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. ..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. ......icably. The suit was, therefore, dismissed. 6. The High Court Division found that both Gopal and Brojendra were recognised as tenants by the landlord, the learned Judge opined that the material question was whether Shyamsundar was a tenant under Brojendra or under Shantikana. From the first Ap......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..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. ...... that it was forged by forging his LTI but he did not file any Suit to cancel the defendant's document at any time. It was observed that in view of the circumstances of the case, there arises the question of the suit being barred by limitation but even then the suit was sent on remand to the Tri......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)
....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. ......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. ......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 ..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. ......appellate or revisional stage and, furthermore, the law relating to abatement is not applicable in criminal cases. According to the provision of section 431 of the Code of Criminal Procedure the question of abatement of appeal arises in the event of death of the accused during the pendency of a......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..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. ......Election Commission should not have directed re-counting without hearing both the parties. In the course of re‑counting, some ballot papers in respect of 4 Centres were found missing. The pertinent question is who had done it and when? According to the elected candidate it was a post‑election mi......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. ..Category: Election Law | Date: 27 Jun, 1990 | Hits: 139
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. ......990 passed by the High Court Division, Dhaka in Civil Revision No. 1089 of 1989). Judgment Latifur Rahman J.- These three appeals by special leave are disposed of by this judgment as common questions of law are involved in all these appeals. 2. Civil Appeal Nos. 13 and 14 of 1990 rela......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 ..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.
......he would be called for an interview. Ultimately he was not called for the interview but somebody else was called for the interview. Thereafter, the authorities made some queries from him by serving a questionnaire on him. He replied to these queries and questions and thereafter a proceeding was draw......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 ..
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. ......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. ......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..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)
.... son and in the letter dated 10.4.86 (Annexure B‑1). Signature contained in annexure I to the affidavit‑in‑opposition is of Respondent No.3. All the signatures put in by the respondent No.3 are identical and similar. But the alleged instruments of transfer of 400 shares to the said Amir Banoo ......n the register is clear. If a dispute can not be resolved without resorting to any other means excepting the papers and documents filed before the court, in that case the question may arise whether such an application will be maintainable or not. In the present case the ......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..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
Shahabullah (Md) Vs. The State, 1990, 19 CLC (AD)
....shaqe, Magistrate, First Class, Dhaka accompanied the trap party and he compared the number of the notes with the number of the inventory and put his signature on the inventory finding the same to be identical. The appellant was nabbed when he accepted the marked notes as illegal gratification. The ......o interfere in the matter. The appeal is dismissed. Let the appellant surrender to his bail bond and serve out his sentence. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 1. ......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..Category: Anti-Corruption Laws | Date: 13 Jun, 1990 | Hits: 119
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