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Atiqur Rahman Vs. AKM Fazlul Hoque, 1990, 19 CLC (HCD)
....ni. In the result, the Rule is discharged and stay granted by this Court earlier is vacated. Sent down the records at once. Ed. This Case is also Reported in: 43 DLR (1991) 49. ......ni. In the result, the Rule is discharged and stay granted by this Court earlier is vacated. Sent down the records at once. Ed. This Case is also Reported in: 43 DLR (1991) 49. ......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..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. ......ed by the High Court Division, Sylhet Bench, in Civil Revision No.226(C) of 1982.) Judgment Shahabuddin Ahmed CJ.- This appeal by special leave, at the instance of the plaintiffs, calls in question the judgment and order of the High Court Division in Revision remanding the case to the Tri......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. ......anies are Appellants 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 ......) 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..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. ...... from the tenant’s continuous possession for a long period, without any contrary indication from the landlord, may in certain circumstances constitute an implied assent. The implied assent is a question of fact. It may be inferred from the length of period of possession and other circumstances......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
....poll.
In the result, the Rule is discharged and the order of stay granted on 6.5.90 is vacated. There will be no order for costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 29.
......out any enquiry without giving Respondent No.10 an opportunity to be heard violating the principles of natural justice.
Neither the Election Commission nor the High Court can decide the disputed question of fact and election Tribunal is the only forum to ventilate any such grievance. ................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..
Category: Election Law | Date: 24 May, 1990 | Hits: 101
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. ......e a plaintiff is in possession of the suit land he is not required to ask for consequential relief which has been supported and reported in 42 CWN (730) PC. If the deed of gift is void transaction no question of cancelling or setting aside the same does arise. When in a suit for declarati....... 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. ..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. ......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. ...... 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..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. ......Vs. Kashem Ali 15 DLR 30 cited....................... (4) It is a mandate of the Code to take statement of the accused in accordance with the provisions of law. It imposes a duty on the court to question the accused properly and fairly so as to bring home to him the exact case. It is intended f......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. ..Category: Criminal Law | Date: 14 May, 1990 | Hits: 66
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. ...... for sale in favour of 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 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..Category: Criminal Law | Date: 13 May, 1990 | Hits: 73
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. ...... Roy I am of the opinion that the learned Munsif ought to have treated the application as being one made under section 151 CPC to which no period of limitation applies. This is certainly an important question of law. In that view of the matter, the contention of the learned Advocate that the suit sh......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..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. ......82, 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. ......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. ..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. ......that the Court should award at the time of passing the preliminary decree. Order 34, rule (2)(1) (a) (i) merely indicates the heads in respect of which account has to be taken, but with regard to the question of rate of interest Order 34,rule 11 is a self contained rule which deals with payment of i...... 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. ......: Miah Abdul Gafur, Advocate ‑For the Petitioner. Not represented‑ the Opposite Parties. Civil Revision No.483 of 1988. Judgment Syed Fazle Ahmed J. - This Rule calls in question the legality and propriety of the judgment and decree dated 2nd May, 1988 passed by Subordi......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..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. ......g or decision and as such the finding of the learned Subordinate Judge on this point cannot be sustained in law. 26. As to the finding of the Court below on the point of limitation the pertinent question is; what is the point of time when the period of limitation of 28 days agreed upon by ......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……………………..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)
....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. ......ner purchased the suit land during the pendency of the suit without the permission of the Court the transaction is hit by the provision of section 52 of the Transfer of Property Act. 5. The moot question in this rule is whether a stranger to the suit is prohibited by the Code of Civil Proc......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..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. ......e Court below has committed error of law in the judgment in many respects the ultimate order of dismissal of the suit was upheld by the High Court Division. 5. Leave was g ranted to consider the question whether the present defendant-respondents who were substituted during the pendency of the s......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)
.... He got the impression enlarged by photograph compared the same and then opined that the finger impression marked C1 and C2 i.e. the impression on the second page of The alleged bainapatra Ext. 4 are identical with the specimen LTI marked B but the finger impressions marked as C and C3 that the......an expert’s opinion particulary of a hand writing 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......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) ..Category: Property Law | Date: 15 Mar, 1990 | Hits: 66
Abdur Rabban (Md) Vs. Aminul Hoque Sowdagar and another, 1990, 19 CLC (AD)
.... 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. ......on was filed 20 years after the date of filing of the suit and about 27 years from the date of the alleged entry, it was rejected by the High Court Division. 7. Leave was granted to consider the question whether the High Court Division acted in accordance with law in allowing defendant No. 1 to...... 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..Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123
Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....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. ...... wrongly acquitted on the plea of enmity nor innocent person wrongly convicted on that basis. In the instant case the witnesses' deposition does not bear any grudge against the appellants. So the question of getting appellants implicated falsely does not arise. In fact veracity of eye‑witnesse......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 ..Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65
Zakir Hossain and others Vs. The State and other, 1990, 19 CLC (AD)
....g of that Civil Court. The State and the informant contested the appeal on common grounds. It is contended that the land and the parties of the Civil Suit and those of the criminal proceeding are not identical, and that as a prima facie case has been made out in the charge-sheet and PW 1 has already......f the Code of Criminal Procedure to take cognizance of alleged offences except on the complaint in writing of that Civil Court. The civil suit was instituted before the filing of the FIR and the questioned documents in their originals are yet to be produced and examined by the Civil Court the c...... 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..Category: Anti-Corruption Laws | Date: 12 Mar, 1990 | Hits: 114
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