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Haji Md. Ishaque and others Vs. Rupali Bank, 1990, 19 CLC (HCD)
....undervalued but not also properly stamped. 5. The learned Subordinate Judge and Commercial Court after hearing both the parties by the impugned judgment and order dated 21.7.87 rejected the plaint holding that the plaintiffs have no locus standi to bring the suit and that the plaint is not also e......e impugned judgment and order dated 21.7.87 rejected the plaint holding that the plaintiffs have no locus standi to bring the suit and that the plaint is not also entertainable for not praying for recovery of possession on payment of ad valorem court fee. 6. Mr. Mozammel Hossain, the learned Advo..Category: Procedural Law | Date: | Hits: 67
Mozammel (Md.) Huq Vs. State, 1990, 19 CLC (HCD)
....n that consideration a re‑trial should not be ordered. 21. It is no doubt a misfortune of the appellant that he has been tried and convicted by a Special Tribunal without jurisdiction because of holding the trial of scheduled and non‑scheduled offences together due to ignorance or oversight o......red to the decision in 21 DLR SC page 311. In this decision it was observed that the learned Judge of the High Court Division, on examination of the record, arrived at the finding that the alleged recovery of the pistol from the possession of the appellant was not proved and the pistol that was reco..Category: Criminal Law | Date: | Hits: 52
....spective points of views which, according to them, are congenial for fair play and growth of the process of democracy for giving it an institutional shape. Article 48 of the Constitution provides for holding election of the President of Bangladesh according to law by direct election and the Election......ng on 3rd October, 1991 the learned Attorney‑General informed the Court that the impugned Ordinance Annexure 'E' to the petition being Ordinance No. XXXIII of 1991 has already been repeated by the Government and in support thereof the Gazette Notification dated 3rd October, 1991 was produced befor..
Category: Constitutional Law | Date: | Hits: 229
....pany may be wound up by the Court.‑ (i) if the company has by special resolution resolved that the company be wound up by the Court ;
(ii) if default is made in filing the statutory report or in holding the statutory meetings;
(iii) if the company does not commence its business within a year...... would file an application for winding up of the company under the provisions of the Companies Act. The respondent duly received the said notice. On receipt of the above notice, the respondent handed over on 25.8.88 a post dated cheque dated 30.9.88 bearing No. 2051522 to be drawn on Agrani Bank, Pr..
Category: Company Law | Date: | Hits: 190
Abul (Md.) Kashem & others Vs. Ashrafuzzaman, 1990, 19 CLC (HCD)
....nd ineffective and for recovery of possession. The defendants objection to the valuation given by the plaintiffs in the plaint computing the valuation on the consideration of the kabalas was rejected holding the valuation to be correct. In that case it was held no enquiry is called for to determine ......t Valuation Act. 8. In the next case reported in 1988 BLD 60 the plaintiffs instituted the suit for declaration that kabalas of the defendants were without consideration and ineffective and for recovery of possession. The defendants objection to the valuation given by the plaintiffs in the plaint..Category: Civil Law | Date: | Hits: 94
Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)
....n the charge‑sheet. 36. PW 12 Dr. Abdul Hannan Khan was the RMO of Netrokona Hospital. He stated that the post‑mortem report of the dead body of deceased Nur Mia was prepared on 20.11.84 after holding Post-mortem examination by former Medical Officer Doctor Sunil Kumar Sarker of Netrokona Mod......hers came to the place of occurrence and heard about the same and also about recognisation of the assailants. It was further alleged in the FIR that the accused‑persons had enmity with the deceased over a dispute of ‘Koila Mahal' of Gendar‑Ghat since about 3 months prior to the occurrence. On ..Category: Criminal Law | Date: | Hits: 82
Abdul Quader Chowdhury Vs. Sayedul Hoque & others, 1990, 19 CLC (HCD)
....ssion in the suit land on the basis of the lease the Additional Deputy Commissioner (Rev.) legally cancelled the lease by his order dated 15.8.85. 4. The learned Assistant Judge dismissed the suit holding that the Additional Deputy commissioner legally passed the order Dated 15.8.1985. 5. The ......ra Survey in the names of the different persons on the basis of their title and possession. The land of plot No. 123 is a reformed land and subsequently recorded in khatian No. 1 as khas land of the Government. The Government settled the said land measuring 78.23 to the different persons including t..Category: Property Law | Date: | Hits: 72
Bangladesh Vs. Dewan Obaidur Reza Chowdhury and Others, 1990, 19 CLC (HCD)
....and also the evidence and other materials on record. The learned Assistant Attorney‑General on behalf of the appellant firstly contended that the lower appellate Court committed error of law in not holding that the suit suffers from vagueness of the description of the suit land about which the tri......intiff by a certificate proceeding, as the management of the estate of the ex‑landlord, defendant No. 1 was given to the Court of Wards; that during the last settlement operation, Tahsildar of the Government acquired Estate demanded illegal gratification from the plaintiff but he failed to meet su..Category: Property Law | Date: | Hits: 101
Rabindra Narayan Gope Vs. Nani Gopal Gope and other, 1990, 19 CLC (HCD)
....lance consideration money from the petitioner on 27.7.1981 and delivered possession of the building to the petitioner alone. Thereafter the executing Court on 22.4.1982 disposed of the execution case holding that the decree is fully satisfied and to proceed with the execution case will be abuse of t......spective shares of the decree‑holders opposite‑parties till today. Not only the petitioner got delivery of possession of the building against the order of the Court but his conduct in not handing over possession of the building to the opposite parties No. 1 and 2 does not call for disposal of th..Category: Procedural Law | Date: | Hits: 81
Nannu (Md.) Miah Vs. Mosammat Peer Banu Bibi & another, 1990, 19 CLC (HCD)
....nt has moved this Court and obtained the instant Rule. 3. It has been urged by Mr. Nurullah the learned advocate appearing for the petitioner that the learned Judge has fallen into an error in not holding that having been brought against a contested decree between the same parties and that too cl......t. 5. There is no dispute that where a suit is barred by res judicata the Court may reject the plaint on that ground res judicata means that a person shall not be heard to say the same thing twice over. It prohibits the Court from entering into any enquiry at all as to a matter already adjudicate..Category: Procedural Law | Date: | Hits: 86
Abul Kashem Vs. Mafiz Mia and others, 1991, 20 CLC (HCD)
....act by way of additional evidence at the appellate stage. I am, therefore, of opinion that the learned District Judge has fallen into an error of law in allowing prayer for additional evidence and in holding thereupon that the petitioner was a defaulter and disqualified as such to contest the electi......resorted to corrupt practices in the election at Kadamtali Madrasha and Gangaprashad Primary School Centres and that the petitioner was a defaulter within the meaning of section 7(2)(g) of the Local Government (Union Parishad) Ordinance, 1983 and disqualified as such from becoming a candidate at the..Category: Election Law | Date: | Hits: 139
Motaleb @ Mutu and others Vs. State, 1990, 19 CLC (HCD)
....file a Naraji petition before the learned Magistrate against the submission of the final report but in the instant case it was not done. When the record was sent before the learned Sessions Judge for holding trial in respect of one accused person namely, Jharu Meah, the informant filed a petition fo......the place of occurrence. Shahabuddin was found lying with bleeding injury and subsequently he died. The case was initially investigated by the police of Raipura Police Station and eventually CID took over the investigation and ultimately charge‑sheet was submitted on 23.4.1987 against only one acc..Category: Criminal Law | Date: | Hits: 67
Adam Ali Bepari Vs. Abdur Rahman Dewan & others, 1991, 20 CLC (HCD)
....ned Munsif. 2. The point that falls for determination by this Court in this case is whether the lower appellate Court committed an error of law in its decision in dismissing the pre‑emption case holding that the case is not maintainable under section 96 of the State Acquisition and Tenancy Act,......e the lease of the shop was taken for the purpose of business. In view of the facts of that case, I think, the principle laid down therein has little application to the facts of the present case. Moreover, the decision was given in a quite different context on interpretation of Section 182 of the Be..Category: Property Law | Date: | Hits: 95
Abdul Majid Vs. Akhil Chandra Sengupta and others, 1991, 20 CLC (HCD)
....dated 17.11.85 passed by the learned Munsif in Pre‑emption Case No. 3 of 1985. 2. The learned Advocate for the petitioner urges that the Courts below committed an error in law in its decision in holding that the pre‑emption case is barred by limitation on an erroneous view of section 60 of th......s correct. For the aforesaid reasons the judgment cannot be sustained. In the result, the Rule is made absolute. No order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 506. ..Category: Property Law | Date: | Hits: 97
Ahmed Kabir Vs. Haji Mazahar Ahmed and others, 1990, 19 CLC (HCD)
....o for correcting the valuation put by the plaintiff upon the plaint and to determine the valuation therefor. 3. The learned trial Court by its order dated January 30, 1982 rejected the application holding that the valuation has been accepted provisionally, Against that order the defendant wrongly......ion of the suit after giving sufficient opportunity to both the parties. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 500. ..Category: Procedural Law | Date: | Hits: 83
Nehal Uddin (Md.) and others Vs. Amena Khatun and others, 1990, 19 CLC (HCD)
....others reported in 45 IA 73. Hence, that finding is final and conclusive and cannot be disturbed in this second appeal. His next submission is that the lower appellate Court committed error of law in holding that the interest of the defendant Nos. 5‑6 to the extent of 1.26 acres of land was exting......r in Title Appeal No. 54 of 1966 reversing those dated 9.2.66 passed by the learned Munsif, 1st Court, Rangpur. 2. Plaintiffs case, in short, is that the land hereinafter called the suit property covered by Khatian No. 14 (Ext. 2) of Mouza Marichbari within PS Mithapukur originally belonged to on..Category: Property Law | Date: | Hits: 71
Gulshan Ara Begum Vs. Moazzem Hossain Chowdhury and others, 1990, 19 CLC (HCD)
....thin time, that is, within 30 days from the date of their knowledge. The learned Subordinate Judge by the impugned order dismissed the application under Order 9 rule 13 of the Code of Civil Procedure holding that the ex parte decree was passed on 21.4.87 and the instant Miscellaneous Case was filed ......efore fixing the suit for ex parte hearing, must satisfy itself that the notices were duly served upon the substituted heirs but no such satisfaction has been recorded in the order dated 30.9.86. Moreover, records did not show that notices were issued both through the usual course of process server ..Category: Procedural Law | Date: | Hits: 68
Mir Amir Ali Vs. State, 1991, 20 CLC (HCD)
....e. The accused petitioner was the Accounts Officer at Gobindaganj Upazila at the relevant time. The case was started on 15.6.95 and the charge sheet was submitted on 20.11.98. There was much delay in holding trial for various reasons. The accused petitioner moved this application for quashment of th......l amount Tk. 1,33,68,700.00 already Tk. 99,20,580.00 was adjusted towards the GP Fund Account before the filling of the application for quashment. It is also stated that the FIR does not disclose any overt act of the petitioner showing his collusion with the school teachers and as such the criminal ..Category: Criminal Law | Date: | Hits: 104
A M A Wajedul Islam Vs. State, 1993, 22 CLC (HCD)
.... 1‑00 PM by making entries in cash receipt register Ext. 3(1) and made over cash and register to the appellant before going for lunch. 8. Let us consider now whether court below was justified in holding the appellant guilty of the charge brought against him. 9. It is not disputed that the ap......sed to receive payments from the parties noting in the cash receipt registers Ext. 3 series under the direct supervision and control of the appellant sitting in the cash counter and they used to make over cash receipts and the registers to the appellant before going for their lunch. After return fro..Category: Criminal Law | Date: | Hits: 91
Government of Bangladesh and others Vs. Abul Hashem Khan, 2009, 38 CLC (AD)
....oved the Administrative Tribunal as if sitting on appeal against the order of review passed under para-1A of M.L.O. No.9 of 1982 in Administrative Tribunal Case No.59 of 1996 and the case was allowed holding that the respondent is entitled to his arrear and all other allowances by the judgment and o......lso Reported in: VIII ADC (2011) 271. ..Category: Administrative Law | Date: | Hits: 160
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