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State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)
....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......riminal) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J State................................... Appellant Vs. Abdus Sattar and others..........Accused-Respondents Judgment August 9, 1990. Result: The i......tate................................... Appellant Vs. Abdus Sattar and others..........Accused-Respondents Judgment August 9, 1990. Result: The impugned judgment and order are set aside. The Code of Criminal Procedure, 1898 (V of 1898), Section 423 When A..Category: Criminal Law | Date: 9 Aug, 1990 | Hits: 50
Keramat Ali Bhuiyan Vs. Ramizuddin Ahmed Bhuiyan, 1990, 19 CLC (AD)
....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......n the present case inasmuch as the Court in restoring the suit merely corrected the mistake of its officers of not informing the learned advocate of the parties about the receiving back of the record and the next date fixed. Cases Referred to- Allahdino VS. Fakir Mohammad & another 2......ted from appearing in the Court when the suit was called on for hearing on 3.1.78. The petitioner opposed the prayer, inter alia, on the ground of limitation. 2. The teamed Subordinate Judge by order dated 18.7.84 allowed the Misc. Case No. 937 of 1981 and restored the suit to its file and num..Category: Procedural Law | Date: 8 Aug, 1990 | Hits: 108
Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan (Md) & others, 1990, 19 CLC (AD)
....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 ......p; others..................Respondents (In Civil Appeal No. 33 of 1990) Mosharraf Hossain Khan & others.........................Respondents (In Civil Appeal No. 34 of 1990) Momtaz Begum and others .................................Respondents (In Civil Appeal No. 35 of 1990) Sorhab......, Advocate-on-Record -For the Respondent No.1 (In all the appeals). Not represented - Respondent Nos.2-3 (In all the appeals). Civil Appeal Nos.33 to 39 of 1990. (From the judgment and order dated 13.11.89 passed by the High Court Division, Dhaka, in Writ Petition Nos.167, 168, 169, 1..Category: Employment/Service Law | Date: 8 Aug, 1990 | Hits: 101
Kazi Abdul Jalil Vs. Jashim Munshi and another, 1990, 19 CLC (AD)
....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 ......l) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Kazi Abdul Jalil.............................Appellant. Vs. Jashim Munshi and another ………..Respondent Judgment August 6, 1990. Result: ...... Joynul Abedin, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Not Represented-Respondents. Criminal Appeal No.7 of 1986. (From the judgment and order dated 1.8.1984 passed by the High Court Division, Barisal Barisal0 Criminal Revision No.11 of ..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. ...... ......structed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 1(a) to 1 (e). Not Represented - Respondent Nos. 2‑8. Civil Appeal No. 85 of 1989. (From the judgment and order dated 29.8.1989 passed by the High Court Division, Sylhet Bench in Civil Revision No. 103 of 1..Category: Procedural Law | Date: 5 Aug, 1990 | Hits: 91
Abdul Hai Sikder and another Vs. State, 1990, 19 CLC (AD)
.... fullness and completeness are enough to justify the conviction. We find no merit in this appeal. Hence the appeal is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) 95. ......n: 43 DLR (AD) 95. ......ellants. B Hossain, Deputy Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Respondent (State). Criminal Appeal No.19 of 1988. (From the judgment and order dated 29.6.66 passed by the High Court Division, Dhaka in Criminal Appeal No.47 of 1985). ..Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 91
Abul Kashem and others Vs. The State, 1990, 19 CLC (AD)
....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......43 DLR (AD) (1991) 77. ......-Record-For the Appellants. B Hossain, Deputy Attorney-General, instructed by AW Mallik, Advocate-on-Record-For the Respondent. Criminal Appeal No.22 of 1989. (From the judgment and order dated 25th May, 1989 passed by the High Court Division, Barisal Bench, Barisal in Criminal Rev..Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 51
Badsha Mia and others Vs. Abdul Latif Majumder and others, 1990, 19 CLC (AD)
....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......se is also Reported in: 43 DLR (AD) (1991) 10. ...... Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record - For the Respondent No. 3. Ex parte - Respondent Nos. 1-2 and 4-12. Criminal Appeal No. 39 of 1985. (From the Judgment and order dated 12th August, 1985 passed by the High Court Division Comilla Bench, Comilla in Civil Rule..Category: Criminal Law | Date: 30 Jul, 1990 | Hits: 59
....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......cial Bank Ltd. (in liquidation)" a banking company was incorporated in the year 1921 under the Indian Companies Act, 1913. The said Bank with all its branches suspended, its functions in August, 1948 and in 1949 the Government advised the District Magistrate, Mymensingh, to lock and seal the head of......ngly the District Authority locked and sealed the bank along with its branches and kept all the documents and papers in the safe custody of Kotwali Police Station, Mymensingh. On 28th March, 1956 the order of liquidation was passed by his Lordship Mr. Justice Hamoodur Rahman and Mr. Shehabullah, a S..
Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
Abdur Rahman Mondal and others Vs. State, 1990, 19 CLC (AD)
....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......e Court Appellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdur Rahman Mondal and others.............Appellants Vs. The State..................................................Respondent Judgment July 23, 1990. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), Section 423 Whether an appellate court can order retrial of a criminal case when evidence on record are sufficient to decide the appeal only to..Category: Criminal Law | Date: 23 Jul, 1990 | Hits: 52
Attor Mia and another Vs. Mst. Mahmuda Khaton Chowdhury and others, 1990, 19 CLC (AD)
....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......8. ......ord was complete. 2. The appellants filed Title Suit No. 367 of 1991 in the 2nd Court of Subordinate Judge, Sylhet under Muslim Law for directing transfer of the suit land to the plaintiffs and ordering delivery of possession of the suit land to them on their depositing in Court the sale price..Category: Property Law | Date: 22 Jul, 1990 | Hits: 43
Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)
....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 ......bt indicative of a mere tenant‑at‑will 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 cha......tly 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 costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 55. &nbs..Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115
Idris Ali Bhuiyan Vs. Enamul Haque and another, 1990, 19 CLC (AD)
.... 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......on (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Idris Ali Bhuiyan ...........................Petitioner Vs. Enamul Haque and another....................Respondents Judgment July 17, 1990. Result: The r......re arises the question of the suit being barred by limitation but even then the suit was sent on remand to the Trial Court for retrial. 5. Both the parties having felt aggrieved by the appellate order came up in revision to the High Court Division; CR 521 of 1988 at the instance of the plaintif..Category: Property Law | Date: 17 Jul, 1990 | Hits: 30
Bijoy Kumar Basak Vs. Narendra Nath Datta & others, 1990, 19 CLC (HCD)
.....................................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........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 transfer of suits alleging bias o......r Opposite Party No. 1. Civil Revision No.53 of 1987. Judgment Muhammad Ansar Ali J. - This Rule issued at the instance of the plaintiff Petitioner is directed against the judgment and order No.12 dated 26.12.84 passed by the learned District Judge, Rajshahi in Miscellaneous Case No.1..Category: Property Law | Date: 11 Jul, 1990 | Hits: 67
Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)
....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......power is reflected in this order either in section 522 or in any other section of Cr. PC. the learned Additional Sessions Judge has not passed any order for re-delivery of possession of the disputed land to the informant petitioner. He has acquitted accused Idris Ali Dewan of the charge under sectio......e 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 power. Surp..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. ...... Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdur Rouf Miah ...........................Petitioner Vs. Fazlur Rahman and others..............Respondents Judgment June 27, 1990. Result: The petiti......ishad (Election) Rules, 1983, rules 38-41 Whether Election Commission can direct re-poll in the absence of Rule 68 of the Upazila Parishad (Election) Rules 1983 - Whether election commission can order recounting of votes when there was no objection before the Presiding Officer or Returning Offi..Category: Election Law | Date: 27 Jun, 1990 | Hits: 139
Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)
....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......R (AD) (1991) 28. ......he Respondent No. 1 (In Civil Appeal No. 15 of 1990). Not Represented- Respondent Nos.2-14 (In Civil Appeal No.15 of 1990). Civil Appeal Nos.13 and 14 of 1990 (From the Judgment and order dated 27.8.86 passed by the High Court Division, Dhaka in Appeal from Original Order No.239 of..Category: Limitation Law | Date: 25 Jun, 1990 | Hits: 176
....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......visional Jurisdiction)
Present:
Naimuddin Ahmed J
AKM Hedayetul Islam...................Petitioner
Vs.
Executive Vice Chairman, Bangladesh Agricultural Research Council and another..........Opposite Parties.
Judgment
June 20, 1990.
Result:
The Rule ......nt to impose any penalty on the petitioner and his case was to be referred to the Government for necessary action in view of Rule 14 of the Government Servants (Discipline and Appeal) Rules, 1976. In order to decide the applicability of Rule 14 of the Government Servants (Discipline and Appeal Rules..
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)
....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...... Ed. ......mal Hossain, Senior Advocate, instructed by Kazi Shahabuddin Ahmed, Advocate-on- Record-For the Respondents. (In both the appeals) Civil Appeal Nos.58 and 59 of 1984. (From the Judgment and order dated 21.4.1983 passed by the High Court Division, Dhaka in Matter Nos. 27 and 28 of 1982). ..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)
....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 ...... (Original Civil jurisdiction) Present: Md. Mozammel Hoque J Sher Ali Amir Ali Virjee.................................... Petitioner Vs. Eastern Industries (Bangladesh) Ltd. and others.......................Respondents Judgment June 17, 1990. Result: Th......d by the respondent No.3 with bona fide belief might have been used by the respondent No.2, Managing Director with ulterior purpose. He fraudulently transferred those 400 shares to Mrs. Amir Banoo in order to achieve his personal interest. 6. The respondent No.3 through his constituted Attorney..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
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