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Shahabullah (Md) Vs. The State, 1990, 19 CLC (AD)
....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......erial particulars, such principle cannot be extended to the evidence of trap witnesses, because the latter cannot be termed as accomplices. With regard to corroboration of trap witnesses no hard and fast rule or guidance can be given. There may be cases where the Court will look for independent......r the Appellant. B Hossain, Deputy Attorney‑General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Respondent. Criminal Appeal No. 23 of 1989. (From the judgment and order dated 14.12.88 passed by the High Court Division, Dhaka in Criminal Appeal No. 145 of 1982). ..Category: Anti-Corruption Laws | Date: 13 Jun, 1990 | Hits: 119
Atiqur Rahman Vs. AKM Fazlul Hoque, 1990, 19 CLC (HCD)
....ni. In the result, the Rule is discharged and stay granted by this Court earlier is vacated. Sent down the records at once. Ed. This Case is also Reported in: 43 DLR (1991) 49. ......not mentioned in the first FIR on the basis of which on completion of investigation the police submitted final report which was accepted by the learned Magistrate. Abdus Salam Master alias Salam and another Vs. The State referred. No prima facie can be based on suspicion. 28 DLR (AD) ......from Hong Kong in that consignment of menthol of 17 packets and these were meant to be sent to Nepal. 5. The learned Magistrate accepted the final report and discharged the accused petitioner by order dated 12.3.1981. On an application made by the accused petitioner to the learned Magistrate fo..Category: Fiscal/Taxation Law | Date: 11 Jun, 1990 | Hits: 80
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. ...... 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)
....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......e 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. ......preme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ ME Rahman J Mustafa Kamal J Latifur Rahman J Siddik Ali being dead his heirs: Afia Rahman and others...................Appellants Vs. Nurun Nessa Khatun and others ...................... 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
.... 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......
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
Judgment
May 24, 1990.
Up......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)
....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......claratory suit is maintainable if it is found that the document with regard to which declaration is sought itself is void ab initio. This view was supported in the case of Pethen Permal Chetty Vs Muniandy Servai 35 (Cal) 551. In this case both the courts found that the deed of gift executed in favou...... 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. ......nt Judgment May 20, 1990. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898); Section 498 Cancellation of bail In view of pending case and counter case the learned Judges of the High Court Division did not exercise their judicial discr......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)
....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 ......itioners Vs. The State ........................................Opposite party Judgment May 14, 1990. Result 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 d......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
Ayesha Khatun (Musammat) Vs. Musammat Jahanara Begum & others, 1990, 19 CLC (AD)
....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............Appellant Vs. Musammat Jahanara Begum & others ................Respondents Judgment April 11, 1990. Result: The appeal is dismissed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), Section 96 The Registration Act, 1908 (XVI of 1908), S...... 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)
.... 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......onali Bank………………………………………………….Petitioner Vs. Nurul Kader and another……………………………&......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)
....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 ......nsfer of Property Act, 1882, for vacating a suit premise shall be for six months. Section 18 of Premises Rent Control Act, 1991 puts emphasis on the bona fide requirement of the premises by the landlord. The premises in question must be required for a particular purpose. ......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)
.... 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......huiyan J MA Razzaque .......................................................................................Petitioner Vs. The Bangladesh Election Commission, Sher‑e‑Bangla Nagar and Others........Respondents Judgment April 5, 1990. Result: The Rule is made a......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. ......the date of the decree or from the date of the decree till realisation is purely a matter of discretion of the Court.....................(9) Cases Referred to- Dawoodbhai Kassemji Matiwalla and another Vs. Shaikhalibhoy, AIR 1953 (Born) 445; Kishenlal and others Vs. Radhalal and other...... 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)
....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................Opposite Parties Judgment March 29, 1990. Result: The Rule is made absolute It is incumbent on the part of the 1st Appellate court as final court of fact to discuss and assess evidence on merit and to give his own finding………............(10) ......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)
....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 ......iction) Present: Muhammad Sohrab Ali J Md. Badruzzaman J M/s. Rising Sun Traders Ltd.............................................Appellants Vs. Chittagong Port Authority and another..............................Respondents Judgment March 28, 1990. Result:...... 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)
....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......vision (Civil Revisional Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Bangladesh Leaf Tobacco Company Ltd........................Petitioner Vs. Md. Abdul Mannan and others.....................................Opposite Parties Judgment March 27, 1990. ......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)
....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......991) 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)
.... 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......ivision (Appellate Jurisdiction) Present: Md. Ismailuddin Sarker J Muhammad Ansar Ali J Sheikh Salimuddin................................Appellant Vs. Ataur Rahman and others........................Respondents Judgment March 15, 1990. Result: T......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)
....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...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdur Rabban (Md) .......................................................Appellant Vs. Aminul Hoque Sowdagar and another..........................Respondent Judgment March 15, 1990. Result: ......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
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