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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. ......horities laying down that in circumstances of this nature, it is not only the right but the duty of the Court to correct its own mistake. The question of limitation is immaterial in the present case inasmuch as the Court in restoring the suit merely corrected the mistake of its officers of not..Category: Procedural Law | Date: 8 Aug, 1990 | Hits: 108
Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan (Md) & others, 1990, 19 CLC (AD)
.... In the result, all the appeals are allowed without, however, any cost, and the impugned order of the High Court Division is set aside. Ed. This Case is also Reported in: 43 DLR (AD) 154. ......r cruel. However there is no such requirement in the Rules to assign reasons for termination. Similarly, the principle of natural justice by serving a show cause notice is also not applicable in this case as this principle has been excluded in the Rule Itself. The appointing authorities have has als..Category: Employment/Service Law | Date: 8 Aug, 1990 | Hits: 101
Kazi Abdul Jalil Vs. Jashim Munshi and another, 1990, 19 CLC (AD)
.... The impugned order of the High Court Division is set aside and that of the Sessions Judge is restored. The appeal is allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ......but they submitted final report on 13 November 1982; the Sub-divisional Magistrate, however, did not accept the report and, by an order dated 24 November 1982, directed further investigation into the case. The Police after holding further investigation submitted charge-sheet against the accused on 1..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. ......Title Suit No. 358 of 1982) for a declaration that the deed of partition dated 1.7.81 is illegal, fraudulent, void and not binding upon the plaintiff and for permanent injunction. 3. The plaint case is that the said deceased Siraj Miah, the eldest brother of appellant No. 1, had hotel/restaura..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. ......reby altering the sentence of fine with default order passed against them by the learned Sessions Judge, Madaripur by his judgment and order dated 15.1.85 in Sessions Case No.49 of 1984. 2. The case against the accused‑appellants and others as narrated by the informant PW 1 Sona Mia at the t..Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 91
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. ......gher sentences An Assistant Sessions Judge under the proviso to sub‑section (3) of section 9 CrPC has the limited power to pass higher sentences except the sentence of death in those Sessions cases which were not hitherto triable by an Assistant Sessions Judge but which are now triable by hi..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. ......ivision can deal with it summarily and adopt its' own procedure. Normally contempt proceedings are disposed of by affidavits and counter affidavits- the question of taking evidence in the present case would have arisen provided the petitioners would have specifically denied the allegations made ..Category: Criminal Law | Date: 30 Jul, 1990 | Hits: 59
....suit is dismissed on contest against the defendant No. 2 and 3 and ex parte against the rest. But there shall not be any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 558.
......ng separate written statements. It is stated by the defendant No. 3 that the property belonged to the aforesaid 3 brothers who got the same by a deed of Heba Bil Ewaj from their father. But it is the case of the defendant No. 3 that the right, title and interest of the aforesaid bank‑in‑liquidat..
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. ......t 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 give an opportunity to addu..Category: Criminal Law | Date: 23 Jul, 1990 | Hits: 52
Attor Mia and another Vs. Mst. Mahmuda Khaton Chowdhury and others, 1990, 19 CLC (AD)
....ant No.1 performed the formalities. It is their case that the suit premises consists not only of land but also of two pucca residential structures, a pucca bathroom and a pucca latrine with C I sheet root. Respondent Nos.2-7 not only sold the suit land to respondent No.1 for Tk. 40,000.00 on 13.7.81......ies, instituted the suit. 3. The contesting respondent No.1 denied that the appellants or Arabullah were owners of contiguous land and that appellant No.1 performed the formalities. It is their case that the suit premises consists not only of land but also of two pucca residential structures, ..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. ......ouse on the 1st Sravan, 1369 BS corresponding to 17.7.62 and hence the suit filed in 1967. 3. The defendant-appellants denied the plaintiff-respondent's title to the suit land. It was their case that Giribala Baishnabi was a tenant-at-will and she had no transferable and heritable fight. O..Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115
Idris Ali Bhuiyan Vs. Enamul Haque and another, 1990, 19 CLC (AD)
....d 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 Reported in: 43 DLR (AD) (1991) 12. ......nt in February 1975 and that it was forged by forging his LTI but he did not file any Suit to cancel the defendant's document at any time. It was observed that in view of the circumstances of the case, there arises the question of the suit being barred by limitation but even then the suit was se..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. ...... suit which is biased without giving specific 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......... (..Category: Property Law | Date: 11 Jul, 1990 | Hits: 67
Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)
.... by the learned Additional Sessions Judge in Revision Case No.381 of 1985 is hereby quashed. Send down the records expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 60. ......isputed land by the accused to the informant petitioner but no order was passed by the Appellate Court for giving re-delivery of possession of the disputed land. .......... (4) Criminal revision case will not lie particulary when the proceeding relates to the restoration of possession of land i..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. ......icer or Returning Officer before consolidation of results Election commission has got power to organize, conduct and hold election in a free and fair manner and direct re-poll in an appropriate case to ensure free and fair election but this power is subject to the Election Rules. Petition..Category: Election Law | Date: 27 Jun, 1990 | Hits: 139
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. ...... Limitation Act to special or local law which prescribes a different period of limitation as provided under Schedule 1 of the Limitation Act. Whether section 5 of the Limitation Act will apply in the case of special or local law is a matter for the legislature to decide. As law of limitation stands ..Category: Limitation Law | Date: 25 Jun, 1990 | Hits: 176
....reby set aside and those of the learned Munsif are restored although not on the same grounds.
There will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 44.
......utation in the Bangladesh Agricultural Research Council, the Executive Vice-President of the Bangladesh Agricultural Research Council was not competent 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 ..
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. ...... 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 and going into the merit of the cases- Order staying the applications for winding up sine die amounts to rejection of the appli..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. ......ectly justified to refuse registration of purchaser’s name on the ground of non-production of the share certificate particularly when the company was unable to waive their production. In a case where a private limited company is a family company it is not at all necessary to produce the s..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. ...... Result: The appeal is dismissed. The Prevention of Corruption Act, 1947 (II of 1947), Section 5(2) The Penal Code, 1860 (XLV of 1860), Section 161 Whether witnesses of a trap case are accomplice requiring corroboration of their evidence in material particulars Though i..Category: Anti-Corruption Laws | Date: 13 Jun, 1990 | Hits: 119
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