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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. ......898 (V of 1898), Sections 290 & 31 (4) Power of the court to pass higher 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 h...........Respondent Judgment August 1, 1990. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), Sections 290 & 31 (4) Power of the court to pass higher sentences An Assistant Sessions Judge under the proviso to sub‑section (3) of......and affirmed the conviction and sentence of the Trial Court. The High Court Division summarily rejected the appellants' revisional application by the impugned dated 22nd November, 1989. Leave was granted to consider whether the Assistant Sessions Judge was invested with the power of hearing the ..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. ......r. 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 institute a contempt proceeding is a special jurisdiction which is inherent...... and others ............Respondent Judgment July 30, 1990. Result: The appeal is dismissed. The Contempt of Court Act, 1926 (XII of 1926); Section 3 Whether evidence is to be recorded in deciding the question of Contempt of Court in the absence of denial of allegations......t the land of Plot No. 255. The High Court Division after hearing the parties by an order dated 7.1.82 allowed the plaintiffs' prayer for temporary injunction. 3. This order of injunction as granted by the High Court Division in favour of the plaintiffs‑ respondents having been violated b..Category: Criminal Law | Date: 30 Jul, 1990 | Hits: 59
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. ......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. ......he 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 adduce further evidence to fill up its lacuna ......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. ..Category: Criminal Law | Date: 23 Jul, 1990 | Hits: 52
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. ...... and Benoy who gifted the suit land to the plaintiff-respondent by a registered deed of gift, Ext. 1 dated 6.3.61 which was executed and registered by her husband PW 4 Shambhu Nath Das by virtue of a power of attorney Ext.3 granted to him by B iswanath and Benoy. One Shyam Sundar Das was a monthly t...... The appeal is dismissed. The Bengal Tenancy Act, 1885, Section 103B Whether entry of a person’s name in the record of right as ‘Dakhalkar’ will mean that for all time to come he will continue as a tenant at will Ordinarily, the word "Dakhalkar' in the ......old the suit land to Brojendra Nath Goswami by a registered sale deed, Ext. 9 dated the 27th Ashar, 1337 BS corresponding to 12.7.30. Brojendra was also rccognised by the landlord as a tenant and was granted rent receipts, Ext. 6 (b)-6 (h). Brojendra paid municipal taxes too vide receipts Exts.2-2 (..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. ......y, dismissed. Latifur Rahman J.- While agreeing with the order in the Review Petitions given by my learned brother ATM Afzal J, I would like to add few words on the scope of review. 11. The power of review of the judgment or order of this Court is provided under Article 105 of the Constitu......Article 105 Review of judgment when 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......document was void which is governed under section 42 of the Specific Relief Act and further relief as to delivery and cancellation' of the document being merely auxiliary and not necessary to the granting of the declaration as to voidness of the document, the limitation for the suit will be gove..Category: Property Law | Date: 17 Jul, 1990 | Hits: 30
Bijoy Kumar Basak Vs. Narendra Nath Datta & others, 1990, 19 CLC (HCD)
.... application for transfer of a 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 ........... (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......... (10) Cases Referred to- AIR 1963 (Pat) 353; PLD......cific 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......... (10) Cases Referred to- AIR 19......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. ..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. ......................Petitioner Vs. The 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 acquitt......Vs. The 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 ...... 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. ..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. ......ether election commission can order recounting of votes when there was no objection before the Presiding Officer 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 appr......election commission can order recounting of votes when there was no objection before the Presiding Officer 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 appropriat......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. ..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. ......prescribed thereof by the First Schedule of the said Act, the provisions contained in section 4, sections 9-18 and section 22 will apply. Thus it is clear that section 5 is excluded and it does not empower a Court to condone the delay under section 5 of the Limitation Act. Similar view has also been......peal No.13 of 1990) Md. Ishaque……………….....................Appellant Vs. The Government of Bangladesh represented by the Land Acquisition Collector, Dhaka….. Respondent (In Civil Appeal No.14 of 1990) Abdur Rob……&helli...... ATM Afzal J.- I have gone through the judgments prepared by my brothers Mustafa Kamal J and Latifur Rahman J. I agree with their decision and wish to add few comments of my own. 13. Leave was granted to consider whether the application of section 5 of the Limitation Act 1908 is excluded by r..Category: Limitation Law | Date: 25 Jun, 1990 | Hits: 176
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. ......ation stating that the appellant No.1 acquired a Tea Garden in his own name and lost all interests in the company’s affairs and business and as such the Board of Directors in pursuance of their power given under clause 17(g) of the Articles of Association formed the Executive Committee and the......In Civil Appeal No. 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 ......t and equitable that the companies should be wound up. 3. The said applications for winding up were admitted on 14.10.82 and the learned Company Judge fixed the matter for hearing on 9.12.82 and granted temporary injunction restraining respondent No. 2 from creating further liabilities for the ..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. ......ul agreement with the views of Amin Ahmed, CJ in Re. Messrs Anath Bandhu Guha & Sons Ltd. reported in 7 PLR Dacca that the provisions of section 38 arc very wide and the Court has ample scope and power to grant relief and save the parties from being harassed and unnecessarily relegated to protra......e 17, 1990. Result: The Application is allowed. No transfer can be registered without a proper instrument of transfer and share certificate and the company will be perfectly justified to refuse registration of purchaser’s name on the ground of non-production of the share certif......ent with the views of Amin Ahmed, CJ in Re. Messrs Anath Bandhu Guha & Sons Ltd. reported in 7 PLR Dacca that the provisions of section 38 arc very wide and the Court has ample scope and power to grant relief and save the parties from being harassed and unnecessarily relegated to protracted liti..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
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. ......d Planters and Traders Ltd. Vs. Mosharraf Hossain Khan, 34 DLR 345, a learned Single Judge of the High Court Division held that the provisions of s. 38 are very wide and the Court has ample scope and power to grant relief and save the parties from being harassed and unnecessarily relegated to protra......uddin Ahmed CJ MH Rahman J ATM Afzal J Tamizul Haque and another..............Appellants Vs. Shamsul Haque and others.................Respondents (In Civil Appeal Nos.39 to 41 of 1986). M/s. Haque Brothers Limited..................Appellant Vs. Shamsul......the interpretation of these two letters on which the Trial Court as well as the Appellate Court mainly based their reasons for rejecting the appellants' claim of transfer of the shares. Leave was granted by us to consider whether the interpretation of Ext. L, read with Ext. 6, as given by the Co..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. ......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. ...... assent is a question of fact. It may be inferred from the length of period of possession and other circumstances excluding an inference of dissent by the landlord. The finding of the Courts below as to the right of the plaintiff on the basis of continuous possession after the expiry of the lease Ex......t in view of the decision in 32 DLR (AD) 170 but the High Court Division declined to examine that question in view of its finding that Bharat could not be a tenant by holding over. 11. Leave was granted to consider whether the concurrent finding as to possession of the plaintiff s predecessors ..Category: Property Law | Date: 28 May, 1990 | Hits: 57
....poll.
In the result, the Rule is discharged and the order of stay granted on 6.5.90 is vacated. There will be no order for costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 29.
......urt can decide the disputed question of fact and election Tribunal is the only forum 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 rule......tion 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 violating the principles of natural justice.
Neither the Election Commission nor th......phold by the Appellate Division.
Nazir Ahmed VS Bangladesh Election commission 41 DLR (AD) 87 = 1989 BLD (AD) 103 .............(10)
Result:
The Rule is discharged and the order of stay granted is vacated.
Cases Referred to-
AFM Shah Alam Vs. Mujibul Huq and other, 41 DLR (A..
Category: Election Law | Date: 24 May, 1990 | Hits: 101
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. ......p;……………….Opposite Parties Judgment April 5, 1990. Result: This Rule is made absolute. Order 9 CPC indicates that none of the rules empowers a court to dismiss a suit on a date not fixed for hearing. Case Referred To- Sabilr......ip;………….Opposite Parties Judgment April 5, 1990. Result: This Rule is made absolute. Order 9 CPC indicates that none of the rules empowers a court to dismiss a suit on a date not fixed for hearing. Case Referred To- Sabilri Bala Vs. Rohi......ndal, 4 DLR 11 wherein it has been held: "There is no provision in the rules of the High Court for re‑admission of the appeal dismissed under its rules, the High Court is not powerless to grant relief sought for in proper circumstances and can do so in the exercise of its inherent powers..Category: Civil Law | Date: 5 Apr, 1990 | Hits: 1
MA Razzaque Vs. Bangladesh Election Commission, 1990, 19 CLC (HCD)
....the office of the Chairman of Dewanganj Upazila Parishad. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 16. ......e plain dictionary meanings of the word "Government" as given in "The Oxford Advanced Dictionary of Current English" (Third Edition, twenty‑fourth impression, 1986) are (1) power to govern, (2) method or system of governing, (3) body of persons governing a state. In Stroud......spondents Judgment April 5, 1990. Result: The Rule is made absolute. A person shall be disqualified for election as for being a chairman of Upazila Parishad, if he is a party to a contract for work to be done for, or goods to be supplied to the Parishad concerned or has othe......the office of the Chairman of Dewanganj Upazila Parishad. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 16. ..Category: Election Law | Date: 5 Apr, 1990 | Hits: 110
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. ......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. ...........................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………...............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. ..Category: Civil Law | Date: 29 Mar, 1990 | Hits: 65
Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)
....rder to determine the alleged part performance of the contract. 11. His last submission is that under section 22 of the Specific Relief Act the decree for specific performance of a contract is a discretionary one of the Court and in the present case even if the contract is proved to be valid st...... land and further to hide the date of purchase of the stamp he purposely pasted papers on the back of the stamp papers. He stated that defendant No.1 was the owner of the lands by a deed of power of attorney. He denied the suggestion that defendant No.1 did not execute Ext.4 and he had no ......aracter It is well settled that evidence of an expert witness is of very weak nature. The evidence and the opinion of the expert deserve consideration like another evidence but such evidence has to be received with great caution……………… (26) Eklas Kh......t he got possession of the suit land from the defendant No.1 at about 3 to 3.30 PM. He further stated that defendant No.1 again received a sum, of Tk. 8,000/‑ as advance payment from him after granting receipt thereof Ext.5 dated 24.2.71 written by Kazi Abdur Rashid P.W.4. He stated that defe..Category: Property Law | Date: 15 Mar, 1990 | Hits: 66
Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....ected to surrender to his bail bond and to serve out the sentence. Appeal No.10 of 1985 is dismissed and order of acquittal is upheld. Ed. This Case is also Reported in: 43 DLR (1991) 87. ......ected to surrender to his bail bond and to serve out the sentence. Appeal No.10 of 1985 is dismissed and order of acquittal is upheld. Ed. This Case is also Reported in: 43 DLR (1991) 87. ......ties of different individuals differ from each other in the matter of observation, perception and memorisation. They can hardly be the ground for rejecting their evidence when there is a consensus as to the substance of their evidence............................... (20) Exactitude and consisten......evidence we can rely on the ocular testimony of eye‑witnesses referred above to ascertain how the victim Rafiq was assaulted by the appellants and by what type of weapon. 25. The injury report granted by the doctor to prove the nature of injury sustained by P.W.5 Kalachand has been marked Ext..Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65
Azima Begum Vs. Yusuf Khan (Md) and others, 1990, 19 CLC (AD)
....and the parties will be at liberty to take such steps as advised for hearing of the Rule. The appeal is, therefore, allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 53. ......and the parties will be at liberty to take such steps as advised for hearing of the Rule. The appeal is, therefore, allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 53. ......vision correctly exercise its discretion in not granting an order of ad-interim stay The appellant clearly stated before the High Court Division while obtaining the Rule that she had given birth to a female child barely 5 months ago and that it would be injurious to the health of the baby and t......ebruary 14, 1990. Result: The Appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), Section 439 Whether High Court Division correctly exercise its discretion in not granting an order of ad-interim stay The appellant clearly stated before the High Court Divisio..Category: Criminal Law | Date: 14 Feb, 1990 | Hits: 58
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