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....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.
...... to ventilate any such grievance. ....................... (3)
The Election Commission has been vested with the power to organise, hold and conduct the election of Chairman in accordance with the law and the rules. When a dispute arises as to fairly holding and conducting election or when due to..
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. ......oner Vs. Begum Arafat & others................................Opposite Parties Judgment May 22, 1990. Result: The Rule is discharged. It is settled principle of law that mere declaratory suit is maintainable if it is found that the document with regard to which..Category: Property Law | Date: 22 May, 1990 | Hits: 111
Fazal & others Vs. State, 1990, 19 CLC (HCD)
....lute. Every judgment shall be dated and signed by the presiding officer in open court at the time of pronouncing it. Hence putting the date along with the signature is mandatory. This is a legal provision under section 367 of the Code of Criminal Procedure. MK Zaman & others Vs. Matiar Rahm......us Sattar Howlader Vs. The State & 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 ..Category: Criminal Law | Date: 14 May, 1990 | Hits: 66
Ayesha Khatun (Musammat) Vs. Musammat Jahanara Begum & others, 1990, 19 CLC (AD)
....d accrued earlier on 23rd March, 1979. The respondent appears to have stolen a march. Her right accrued on the basis of section 47 of the Registration Act but the appellant's right accrued as per provision of section 96 of the State Acquisition and Tenancy Act. In the result, the appeal is ......er right to defend such a case arises from the date of execution or registration of the transfer deed (which is not under pre-emption) in favour of the pre-emption) It is a settled principle of law that the cause of action under section 96 of the State Acquisition and Tenancy Act accrues on th..Category: Property Law | Date: 11 Apr, 1990 | Hits: 47
Sonali Bank Vs. Nurul Kader and another, 1990, 19 CLC (HCD)
....or the ends of justice. In aid of his contention the learned Advocate cites the decision in the case of Sabilri Bala Vs. Rohini Kanta Mondal, 4 DLR 11 wherein it has been held: "There is no provision in the rules of the High Court for re‑admission of the appeal dismissed under its rules,...... by the irnpugned order rejected the application holding that it was barred by limitation. 5. The learned Advocate for the petitioner submits first, that the learned Munsif committed an error of law in the decision in that the suit not having been set forth for hearing on 30.6.82 but being fixe..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. ......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 disturbed in revisional jurisdiction. In fact finding ..Category: Property Law | Date: 5 Apr, 1990 | Hits: 74
MA Razzaque Vs. Bangladesh Election Commission, 1990, 19 CLC (HCD)
....ing candidate's letter of resignation on the date of filing of nomination paper for election his nomination paper has to be accepted as he ceased to be a dealer on that date. 3. The relevant provision of section 6(2)(f) of the said Local Government (Upazila Parishad and Upazila Administrati...... of Jamalpur to show cause as to why impugned order dated 20.2.90 (Annexure‑C) passed by respondent No.3 Appellate Authority, District Jamalpur should not be declared to have been made without lawful authority and why respondent No.3 should not be directed to accept the nomination paper of th..Category: Election Law | Date: 5 Apr, 1990 | Hits: 110
Aftabuddin Fakir Vs. Sowdagar Rabi Das & others, 1990, 19 CLC (HCD)
....reasons for decisions thereon, it appears that it failed to apply its conscious mind to the facts of the case and obviously judgment suffers from patent illegality inasmuch as it was violative of the provisions of Order XLI rule 31 CPC. ......................... (13) The Appellate Court must no......applied its mind to all salient facts and points for decision. ................(12) It is the duty of the lower Appellate Court to discuss the evidence led by the parties as well as the point of law that arise and to give his finding thereon along with the reasons for those findings. The findin..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)
....Chittagong Port Authority received the intimation that the Arbitrator was going to arbitrate on the dispute referred to him they could immediately object to his appointment or resort to the provisions of section 11 of the Arbitration Act for the removal of the Arbitrator. Instead of r......ulated period of time. The conclusion of the arbitration proceedings depends upon the facts and circumstances of each case……………………(22) The law has not prescribed a minimum time limit within which an arbitration proceeding must or must not ..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)
....;……(5) A stranger to a suit or a proceeding is not prohibited by the Code of Civil Procedure from filing an appeal from an order passed therein. It is true that there is no express provision permitting such party to prefer an appeal against such an order……........(6)......on behalf of the petitioner, that the petitioner being a person adversely affected by the judgment and decree passed by the Trial Court, the learned District Judge has Committed an error of law in his decision occasioning failure of justice in refusing leave to the petitioner to prefer the..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. ......es in respect of the demised premises. Although the tenancy was operating in terms of Bengali Calendar month the landlord issued a notice under section 106 of the Transfer of Property Act through his lawyer on 3.6.77 asking the tenant to vacate the demised premises "after 30-6-77". The Tri..Category: Tenancy Law | Date: 25 Mar, 1990 | Hits: 124
Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)
....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. ...... defence. Disbelief of the defence ipso facto does not make the plaintiff’s case believable. 10 DLR (PC) page 1 cited In the case of an expert disposal of a suit, some requirements of law must be fulfilled before passing an expert decree in favour of the plantiff by the court. The co..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. ......The plaintiff is in possession of the schedule property on payment of rents etc. since then. The plaintiff alleges that defendant No. 1 is a trespasser and he had or has no right, title, interest and lawful possession of the land and houses in suit, Fabricating some rent-receipts and putting a ficti..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. ...... would be unreasonable. State Vs. Mokbul Hossain 37 DLR 157 relied. ...................... (23) Single witness can be the basis of conviction It is a sound and well established principle of law that it is the quality and not the quantity of evidence that matter. There is no impediment in l..Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65
Zakir Hossain and others Vs. The State and other, 1990, 19 CLC (AD)
....urged that as the appellants committed the offences long before the malafide institution of the Civil Suit and the disputed fraudulent kabalas in their originals have not yet been filed in Court, the provision of section 195(1) (c) of the Code is not attracted in this case. 5. Apart from the q......he suit land measuring .765 acre and also for further declaration that the kabalas of the principal-defendant and others were not binding upon them. In that case the plaintiffs, as required under the law, filed in court along with their plaint the copies of their kabalas. Respondent No. 2 appeared i..Category: Anti-Corruption Laws | Date: 12 Mar, 1990 | Hits: 114
Abdul Momen Bhuiyan Vs. Haji Payez Ali Mia and others, 1990, 19 CLC (HCD)
.... was allowed on 17.2.1990 by the Manager of the said Branch of the Bank, Annexure "B" to the petition, two months' time for repayment of the rest. Thus, it is argued that in view of the provision of section 62 of the Contract Act as well as the language used in the relevant disqualific......d in the relevant disqualification clause the petitioner cannot be said to be a defaulter of the loan. Thus, rejection of his nomination paper is absolutely illegal and same has been done without any lawful authority and the same is of no legal effect. 4. The disqualification clause runs as fol..Category: Election Law | Date: 5 Mar, 1990 | Hits: 136
Anisuzzaman Vs. State, 1990, 19 CLC (HCD)
....theft of electric pumps will be an offence punishable 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 ...... The charge under section 16 of the Special Powers Act, 1974 can not be invoked for alleged theft of electric power pumps and consequently the order of conviction and sentence is not sustainable in law………………………..(14) Case Referred..Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86
Moynul Hasan and others Vs. Nazmul Haq @ Nazmul Hasan and others, 1989, 18 CLC (HCD)
....r 9 rule 13 of the Code if summons is not duly served on the defendant that is a good ground for setting aside an ex parte decree without any reference to limitation. He submits that a perusal of the provision of Order 9 rule 13 of the Code of Civil Procedure makes it apparent that due service of su......ial point for decision of the Miscellaneous Case under Order 9 rule 13 of the Code of Civil Procedure. Even if the discretion exercised by the subordinate Court is not in strict conformance with law and rules, the discretion would not be interfered with if it does not occasion failure of justic..Category: Limitation Law | Date: 28 Nov, 1989 | Hits: 219
Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)
....her own accord embraced Islam and married Nawshed Bepari and as such they did not commit any offence as alleged against them. The Special Tribunal framed charges against the accused persons under the provisions of section 366A of the Penal Code read with section 4(b) of the said Ordinance. After per......inance No. LX of 1983. The police subsequently arrested the accused Nawshed and the victim girl Uma Rani Malakar. After investigation police submitted charge sheet under the aforesaid provisions of law. Ultimately the case was sent to the Special Tribunal for trial as an offence under section 4(b)..Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153
Manindra Kumar Malakar Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
.... 16. Mr. Halder next submits that even the Special Tribunal held that on 15.2.86 the detenu was in between 16 and 17 years which means the girl was minor as she was found below 18 years under the provisions of section 366A of the Penal Code. Here the learned Advocate is absolutely wrong because ......u is a Hindu and a minor girl the question of acceptance of the religion of Islam by such a minor girl does not arise at all and as such there was no valid conversion and valid marriage in the eye of law. A horoscope as well as the school certificate clearly show that the detenu was born on 29th of ..Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104
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