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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. ......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. ...... The appeal is dismissed. The Bengal Tenancy Act, 1885, Section 103B Whether entry of a person’s name in the record of right as ‘Dakhalkar’ will mean that for all time to come he will continue as a tenant at will Ordinarily, the word "Dakhalkar' in the ......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)
..... Before parting with this petition, it may be mentioned that this Division possesses a special power of review under the Constitution and 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 R......e plaintiff. 3. Admittedly one Syed Md. Ali Azam was the original owner of the disputed land who died leaving several heirs including a son named Syed Wazed Ali Azam, the plaintiffs vendor, who, according to the plaintiff, sold his share to him (the plaintiff) by a registered sale‑deed on 11.......Article 105 Review of 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...... 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 District Court under section 24 CPC is somewhat of an administrative nature and also discretionary and in suitable cases the District Judge can even suo moto exercise this power in the interest of justice......... (10) Cases Referred to- AIR 1963 (Pat) 353; PLD 1955 PC 185. Lawyer......stice the suit be disposed of as early as possible. For the reasons stated above, we find nothing to interfere with the impugned judgment and order of the learned District Judge. 13. The Rule is accordingly discharged without any order as to costs. We hereby direct the learned Munsif (Now Assis......cific finding......... (9) Power of the District Court under section 24 CPC is somewhat of an administrative nature and also discretionary and in suitable cases the District Judge can even suo moto exercise this power in the interest of justice......... (10) Cases Referred to- AIR 19.......................................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)
.... executed by all the remaining heir of the deceased will be seriously prejudiced if she is not allowed to proceed with the revisional application on the 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 wi...... Some days after when the informant went to the land he saw some unauthorised sheds over the disputed land and on query he came to know that one Idris Ali Dewan forcibly constructed the said huts and accordingly a Criminal Case bearing Mirpur PS Case No.37 dated 24.10.77 (GR Case No. 5949 of 1977) u......Vs. The State..............................................Opposite Party Judgment June 27, 1990. Result: The Rule is made absolute The power of the Appellate Division to pass an order for re-delivery of possession to the person acquitted on appeal must be an express ......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)
.... 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. ......er the Emergency Requisition of Property Act, 1948. The appellants being dissatisfied with the compensation assessed, filed arbitration cases before the 4th Subordinate Judge and Arbitrator Dhaka and accordingly final awards were passed. Against those awards, the respondent-Government preferre......peal No.13 of 1990) Md. Ishaque……………….....................Appellant Vs. The Government of Bangladesh represented by the Land Acquisition Collector, Dhaka….. Respondent (In Civil Appeal No.14 of 1990) Abdur Rob……&helli......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
....he opportunity of adducing any evidence in his defence. The petitioner should get an opportunity of being heard in person and enquiry proceeding should not be conducted ex parte. Principle of natural justice should prevail. .................................... (3)
The petitioner was an employee......laced at the disposal of the Bangladesh Agricultural Research Council as an assistant on deputation on purely temporary basis by an order passed by the Ministry of Agriculture on 27th July, 1973. He, accordingly, joined there and rendered service to the entire satisfaction of his superiors. He was, ......search Council and another..........Opposite Parties.
Judgment
June 20, 1990.
Result:
The Rule is made absolute
Prior notice with date of hearing for enquiry should be served to the petitioner.
In hearing of an enquiry the presence of the petitioner is necessary, so tha......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)
.... the aforesaid ground and in certain other circumstances has been well‑recognised and well established by the decision of this Court and other courts. This power to make such orders for the ends of justice to prevent abuse of the process of the Court has been expressly recognised in the case Amin ......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. ......In Civil Appeal No. 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 ......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)
....o order as to costs. Mr. Tofailur Rahman has prayed for stay of the operation of the judgment for 6 weeks. The prayer is refused. Ed. This Case is also Reported in: 43 DLR (1991) 54. ......o order as to costs. Mr. Tofailur Rahman has prayed for stay of the operation of the judgment for 6 weeks. The prayer is refused. Ed. This Case is also Reported in: 43 DLR (1991) 54. ......e 17, 1990. Result: The Application is allowed. No transfer can be registered without a proper instrument of transfer and share certificate and the company will be perfectly justified to refuse registration of purchaser’s name on the ground of non-production of the share certif......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)
....ze the services of a Magistrate in the manner Mr. Minhas allowed himself to be used in the present case, is calculated to affect the standing and respect of the Magistrate and even his capacity to do justice in cases coming before him. It cannot enhance the position of a person occupying a judicial ......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. ......ther witnesses 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 particular......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
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. ......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. ......dgment June 6, 1990. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order XLI Rule 23 Whether there was any necessity for remanding the case to the Trial Court for re‑trial when there was concurrent finding of the two courts below in respe......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)
....Company's leave applications, but these were not specifically referred to in the Leave Granting Order. We have allowed him to make his full submission on these grounds not only in the interest of justice, but also of the fact that some of the questions, such as limitation, are of considerable pu......pondent disclosed that in view of the deteriorating political situation of the country he would leave the country for India; that he requested the appellant to purchase his shares in the Company, and accordingly, the appellant purchased the bulk of the respondent's shares, as mentioned above, by......uddin Ahmed CJ MH Rahman J ATM Afzal J Tamizul Haque and another..............Appellants Vs. Shamsul Haque and others.................Respondents (In Civil Appeal Nos.39 to 41 of 1986). M/s. Haque Brothers Limited..................Appellant Vs. Shamsul......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)
....t examine in this case whether the provisions of section 116 of the Transfer of Property Act is applicable or whether the principle of holding over can be applied to an agricultural lease as rules of justice, equity and good conscience. However, as one of the two grounds on which the High Court Divi......from the lessee or under-lessee, or otherwise assents to his continuing in possession, the lease is, in the absence of an agreement to the contrary, renewed from year to year, or from month to month, according to the purpose for which the property is leased, as specified in section 106." 1...... assent is a question of fact. It may be inferred from the length of period of possession and other circumstances excluding an inference of dissent by the landlord. The finding of the Courts below as to the right of the plaintiff on the basis of continuous possession after the expiry of the lease Ex......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
....ction Commissioner illegally and arbitrarily passed an ex parte order for recounting without 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......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.
......tion Commission for recounting and the Chief Election Commissioner illegally and arbitrarily passed an ex parte order for recounting without any enquiry without giving Respondent No.10 an opportunity to be heard violating the principles of natural justice.
Neither the Election Commission nor th...... 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. ....... 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. ......gum 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 declaration is sough......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)
....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. ......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. ...... 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 date along with the signature is mandatory. This is a legal provision under section 367 of the Code of Criminal Procedure. MK Zaman & ......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)
.... per provision of section 96 of the State Acquisition and Tenancy Act. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 9. ...... per provision of section 96 of the State Acquisition and Tenancy Act. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 9. ...... Result: The appeal is dismissed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), Section 96 The Registration Act, 1908 (XVI of 1908), Section 47 Whether right to sue i.e. cause of action to file a case for pre-emption arises from the date of execution or regi......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)
.... circumstances of the present case, to treat the irnpugned order as an order passed under section 151 CPC and safely can set aside the same and restore the suit to its file and number for the ends of justice. In aid of his contention the learned Advocate cites the decision in the case of Sabilri Bal......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. ......ip;………….Opposite Parties Judgment April 5, 1990. Result: This Rule is made absolute. Order 9 CPC indicates that none of the rules empowers a court to dismiss a suit on a date not fixed for hearing. Case Referred To- Sabilri Bala Vs. Rohi...... 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)
.... the present Rule. 8. The learned Advocate appearing for the defendant‑petitioner submits that the Courts below committed error of law resulting in an erroneous decision occasioning failure of justice in decreeing plaintiff's suit inasmuch as plaintiff failed to prove his bona fide requir......arefully and did not find plea of bona fide requirement has been asserted by him. In view of the fact the impugned judgment and the order of the courts below are not sustainable in law and it is accordingly set aside and the suit is dismissed. In the result, the Rule is made absolute as in...... of the premises by the landlord. The premises in question must be required for a particular purpose. Mere assertion in a notice is not sufficient to prove the plea of bona fide requirement. Bona fide requirement is not a mere wish, whim or fancy ......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)
....the office of the Chairman of Dewanganj Upazila Parishad. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 16. ......the office of the Chairman of Dewanganj Upazila Parishad. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 16. ......spondents Judgment April 5, 1990. Result: The Rule is made absolute. A person shall be disqualified for election as for being a chairman of Upazila Parishad, if he is a party to a contract for work to be done for, or goods to be supplied to the Parishad concerned or has othe...... 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
Sonali Bank Vs. M/s Begg & Beg Jute Incorporated Limited & others, 1990, 19 CLC (HCD)
.... mensem simple and that was limited to the part of the mortgage money viz. Rs.1600/‑ only, it cannot be said that the rate was penal or unconscionably high or excessive on any consideration of justice, equity or good conscience." The instant suit was not brought for redemption of mo...... 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. ...... not deal with the rate of interest 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 containe...... 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
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