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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)
....utory body, established under PO No. 143 of 1972 This Rule does not require the Corporation 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 in......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)
....bmitted charge‑sheet against the accused respondents, is hit by sub‑section (7) of section 167 of the Code of Criminal Procedure and consequently, they are entitled to be released. The provision in clause (d) of section 35 of the Ordinance is not intended to be mandatory. The purpose ......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
....port of the process server, it appears that he served the notice in presence of the witnesses by hanging a copy of the notice on the latrine which was situated on the land in dispute.
16. From the provisions of Rule 6 of PDR Rules, it appears that if the certificate‑debtor refuses to take the n......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)
....judgment when 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...... 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)
....the deceased complainant to be substituted in his place at the 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 arise......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)
....words that when a special or local law prescribes a period of limitation for filing suit, appeal or application different from the period prescribed thereof by the First Schedule of the said Act, the provisions contained in section 4, sections 9-18 and section 22 will apply. Thus it is clear that se......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
....ning the witnesses produced by the opposite party No.1 and also of adducing evidence in his defence. He concluded by contending that the entire proceedings against the petitioner was violative of the provisions of the Government Servants (Discipline and Appeal) Rules, 1976 and the principles of natu......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)
....cate for the respondent Nos.1 and 2, submitted that respondent No.2, the Managing Director of the Company, rightly refused to accept the transfer of shares in favour of the petitioner inasmuch as the provisions of section 34 of the Companies Act have not been complied with. Only the affidavit of gif......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
Shahabullah (Md) Vs. The State, 1990, 19 CLC (AD)
....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. ......s of a trap case are accomplice requiring corroboration of their evidence in material particulars Though in case of accomplice evidence the rule of prudence has been crystallized into a rule of law that conviction based on such evidence is to be corroborated in material particulars, such princ..Category: Anti-Corruption Laws | Date: 13 Jun, 1990 | Hits: 119
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....ster considering the merit of that case. On the other hand, in United Planters and Traders Ltd. Vs. Mosharraf Hossain Khan, 34 DLR 345, a learned Single Judge of the High Court Division held that the provisions of s. 38 are very wide and the Court has ample scope and power to grant relief and save t......pellants in Civil Appeal Nos.42, 43 and 44. Respondent No.1 in all these six appeals is a Director of the Companies who brought these Matters before Court by three applications. As common question of law and fact are involved in these appeals, they have been heard together and are going to be dispos..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
Siddik Ali Vs. Nurun Nessa Khatun and others, 1990, 19 CLC (AD)
..... There being no issue in the Courts below whether the lease created by Ext. 3 was for agricultural purpose or whether it was a non‑agricultural tenancy we need not examine in this case whether the provisions of section 116 of the Transfer of Property Act is applicable or whether the principle of ......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
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