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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. ...... Respondents Nos.1-12. Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos.26 & 27. Ex parte-Respondents 13-25. Civil Appeal No.29 of 1986. (From the Judgment and order dated 17.7.84 passed by the High Court Division, Sylhet Bench, in Civil Revision No.226(C) of ..

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. ......vocate-on-Record–For the Respondent No.1 (In Civil Appeal Nos.42 to 44 of 1986). Not represented-Respondent Nos.2-5. Civil Appeal Nos.39 to 44 of 1986. (From the judgments and orders dated 23.4.1986 passed by the High Court Division, Dhaka, in Company Appeal Nos. 5, 6, 7 of 1..

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. ...... schedule 2 on 29th Chaitra, 1367 BS. Proforma‑defendant No. 20 filed a criminal case against the defendants and the same was dismissed on 30.8.61. The principal defendants, being encouraged by the order of acquittal, dispossessed the plaintiff from suit plot No. 1. During the pendency of the suit..

Category: Property Law | Date: 28 May, 1990 | Hits: 57

Abdur Rouf Mia Vs. Ministry of Local Government, Rural Develop­ment and Co‑operatives and others, 1990, 19 CLC (HCD)

....l Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Abdur Rouf Mia................................Petitioner Vs. The Ministry of Local Government, Rural Develop­ment and Co‑operatives and others .................Respondents ......ting the ballots. In this case the petitioner filed an application before the Chief Election 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 ..

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. ...... the defendant, contending, inter alia, that as the husband of the plaintiff was dismissed from service for corruption used to help her by giving money. The plaintiff being satisfied by such help, in order to relinquish her debt, made the gift in presence of local Matbar on May 2,1971. He also conte..

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. ......ord-For the Appellant. B Hossain, Deputy Attorney‑General instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Respondent. Criminal Appeal No. 5 of 1990. (From the judgment and order dated 19.2.1990 passed by the High Court Division, Dhaka in Criminal Miscellaneous Case No.318..

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. ......s 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 for the protection and benefit of the accused and not in order to enable the prosecution to find out materials to support the prosecution case.33 DLR 101 and..

Category: Criminal Law | Date: 14 May, 1990 | Hits: 66

Aga Kohinoor Alam Vs. State and another, 1990, 19 CLC (HCD)

....der sections 419/467/471/409 of the Penal Code read with section 5(2) of Act II of 1947. 2. The petitioner represented that a plot of land was held by one Mr. SM Ahsan, a permanent lessee of the Government and from him the petitioner purchased the plot and after obtaining permission and loan fr...... 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. ..

Category: Criminal Law | Date: 13 May, 1990 | Hits: 73

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. ...... Advocate-on-Record-For the Appellant. Aftab Hossain, Advocate-on-Record-For the Respondent No.1. Ex parte -Respondent Nos.2-42. Civil Appeal No.98 of 1985. (From the judgment and order dated 6th August, 1985 passed by the High Court Division, Rangpur Bench in Civil Revision No.2..

Category: Property Law | Date: 11 Apr, 1990 | Hits: 47

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.   ......hidul Hoque, Advocate‑For the Petitioner. No one appears-For the Opposite Party. Civil Revision No. 692 of 1986. Judgment AM Mahmudur Rahman J.-This Rule is directed against the order dated 6.4.86 of the learned Munsif, 3rd Court, Dhaka rejecting an application filed under Orde..

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. ......de requirement. I have gone through the evidence of PW 1 carefully 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..

Category: Property Law | Date: 5 Apr, 1990 | Hits: 74

MA Razzaque Vs. Bangladesh Election Commission, 1990, 19 CLC (HCD)

....o a contract for work to be done for, or goods to be supplied to the Parishad concerned or has otherwise any pecuniary interest in its affair, or is a dealer in essential commodities appointed by the Government. Case Referred to- Burnsk Ransley, 1949 AIR 817. Lawyers Involved: S......Jamalpur and Appellate Au­thority, Jamalpur District and 4. The Additional Deputy Commissioner (General) and Returning Offi­cer, Upazila Parishads of Jamalpur to show cause as to why impugned order dated 20.2.90 (Annexure‑C) passed by respondent No.3 Appellate Authority, Dis­trict Jama..

Category: Election Law | Date: 5 Apr, 1990 | Hits: 110

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. ...... on valid ground. We have therefore no reason to inter­fere with its exercise of 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. ......y 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 not enter into detailed reasons to the same extent as that of the jud..

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. ...... the Respondent No. 1. Appeal from Original Order No.24 of 1989. Judgment Md. Sohrab Ali J. - This Appeal under sec­tion 39 of the Arbitration Act directed against the Judgment and order dated 30.4.1989 passed by the Subordinate Judge, 2nd Court, Chittagong in Other Suit No.5 of 1..

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. ......is not void……………………(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 ..

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. ......t and older dated 11-9-85 passed by the High Court Division, Dhaka Bench in Civil Revision No.576 of 1984). Judgment: Mustafa Kamal J.- This appeal by special leave is from the judgment and order dated 11-9-85 passed by the High Court Division, Dhaka in Civil Revision No.576 of 1984 discha..

Category: Tenancy Law | Date: 25 Mar, 1990 | Hits: 124

Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)

....d against the judgment-debtor i.e. the present plaintiff. The plaintiff, of course filed a suit bearing TS. No.607 of 1974 against the said ex parte decree which was still pending. He stated that the Government trans­ferred the entire suit land to him executing and regis­tering a deed Ext.D ......ime but then they started defaulting in paying the same. Hence a Money Suit No. 84 of 1972 was instituted against him and the same was decreed and the decree was put into execution and there with and order of at­tachment of the property of the present plaintiff judgment‑debtor. But upon execut..

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. ......ication for amendment of plaint. The last submission of Mr. Nurullah also fails. 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. ..

Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123

Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)

....the parties and that has been borne out by evidence on record. It is true that both the parties were involved in civil and criminal litigation in the matter of taking settlement of char land from the Government but the eye‑witnesses who deposed in this case could not be shown to be inimically depo......6 of the Penal Code and convicted thereunder and sentenced to rigorous imprisonment for 5 years and to pay a fine of Tk. 5,000/‑ in default, to suffer rigorous imprisonment for one year. He further ordered that half of fine if realised be given to victim Kalachand. 2. Prosecution case may bri..

Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65