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Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)
....tension by Annexure 'C' dated 24.2.97 and 23.5.97 respectively to the petition are declared to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ......the Bank Authority he would not be released and other Directors also would be taken into custody. Due to such coercion the petitioner and other Directors transferred all their shares in favour of the party nominated by the said General Manager and handed over possession of the same on 6.7.87 and the..Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184
Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)
....the reasons stated above, I set aside the judgment and decree of the lower appellate Court and restore those of the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 57. ......aintiff in the pleading of the defendant, the defendants cannot base his case on the evidence adduced by him and the allegation of the plaintiff must be said to have been admitted by the defendant. A party cannot adduce evidence unless he pleads his case in the pleading. In this case there being no ..Category: Property Law | Date: 30 Jan, 1991 | Hits: 2
Tayeb Ali Vs. Abdul Khaleque and others, 1990, 19 CLC (AD)
....any time the present suit is not maintainable without a prayer for partition. Hence the appeal is dismissed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 87. ......ath of Abdul Hashim his heirs, the present defendant Nos.1-3, were made parties in Title Execution Case No.5 of 1967. The present defendant No.10, one of the two wives of Abdul Hashim, was not made a party to the execution proceedings. She instituted Misc. Case No.16 of 1968 under the then existing ..Category: Property Law | Date: 27 Nov, 1990 | Hits: 47
Narayan Chandra Sil Vs. Manhar Mandal, 1991, 20 CLC (AD)
....tly, the judgment of the High Court Division is liable to be set aside. In the result, the appeal is allowed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 152. ......the son of defendant No. 1 being heir of judgment‑debtor contested the suit and as such it must be presumed that the son of defendant No. 1 had knowledge of the execution case when he himself was a party in the execution proceeding. The High Court Division failed to consider that the decree was pu..Category: Property Law | Date: 11 Nov, 1990 | Hits: 50
Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....of abandoned property was legally done and publication of the list in the official Gazette on September 23, 1986 was valid in law and the decisions of the Court of Settlement does not suffer from any defect of jurisdiction. 7. Before inclusion of the building in the list to be published under sec......ment have been made and/or passed without any lawful authority and are of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 12...Category: Property Law | Date: 5 Nov, 1990 | Hits: 95
Kazi Mobarak Ali Vs. Mohammad Yeasin Mazumder and others, 1990, 19 CLC (AD)
.... on a different ground, as stated above. In the result, the appeal is dismissed without, however, any cost. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 60. ....... In the instant case the respondents' contention is that the Village Court was not constituted with five members according to the provisions of the Ordinance which requires two members from each party, besides the Chairman of the Union Parishad. In their plaint of the suit they alleged that the..Category: Others | Date: 29 Aug, 1990 | Hits: 115
A Gafur alias Haji Abdul Gafur & others Vs. Jogesh Chandra Roy and another, 1990, 19 CLC (AD)
....uddin Ahmed CJ.- In this appeal by special leave the only question is whether the conviction of the appellants has been vitiated by non-examination of the accused under s. 342 Cr.P.C. or whether this defect is curable by s. 537 Cr.P.C., as held by a learned Single Judge of the High Court Division. ......ted that the accused be examined under s. 342 Cr.P.C. by the Trial Court and thereupon the case be disposed of according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 62. ..Category: Criminal Law | Date: 27 Aug, 1990 | Hits: 76
Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
....rder XLI rule 20 the matter perhaps would not have come to such a pass and the appeal could be spared a technical knockout. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 156. ......provision of rule 4 of Order 41 only authorises one of the several plaintiffs or defendants to prefer appeal. But the appeal which was incompetent at its inception for omission to implead a necessary party would remain incompetent till the end of it, unless otherwise during the pendency of the appea..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
Sharif (Mohd) Vs. Mohd Obaidur Rahman & others, 1990, 19 CLC (HCD)
....155 of 1989 shall be kept intact and the further evidence which will be adduced by the petitioner shall be recorded by the Magistrate. Ed. This Case is also Reported in: 43 DLR (1991) 66. ...... issued medical certificates and the same was filed in court with the petition of complaint. He points out from the lower court record that three medical certificates were produced by the complainant party with the petition of complaint from two doctors (Medical Officers) in support of the condition..Category: Criminal Law | Date: 21 Aug, 1990 | Hits: 80
Abul Kashem @ Kashem Vs. State, 1990, 19 CLC (HCD)
....unal is hereby set aside. The accused appellant is acquitted of the charge brought against him. He should be discharged from the bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 420. ......n patrol duty in Tan Bazar area at about 10 PM. At that time they noticed that the accused was coming from the prostitute quarters with one girl named Rebaka who was weeping. On suspicion, the police party detained the accused and the girl. On interrogation, the victim girl disclosed that she was br..Category: Women and Children | Date: 15 Aug, 1990 | Hits: 99
Golam Kader Vs. Abdul Khaleque Choukder and others, 1990, 19 CLC (AD)
....uit No.7 of 1969 with the present suit, if they so desire. Consequently, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 106. ......n any manner in the suit land. They are not claiming through the defendants of the present suit. They have set up an independent title of their own. Their averments in the application for addition of party disentitle them to be included within the framework of the present suit. That will convert the..Category: Civil Law | Date: 13 Aug, 1990 | Hits: 94
State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)
....ision can convert an order of acquittal of the accused persons by the High Court Division agreeing with the decision of the trial court by reviewing the evidence on record When there is serious defect in the process of reasoning of the High Court Division in arriving at its findings and there ......that respondent No.1 Abdus Sattar, who was a member of the Local Union Parishad, tabled a no confidence motion along with others against the sitting chairman Ishaque Mia at whose behest the informant party had brought this case falsely. 11. The learned Sessions Judge upon a consideration of th..Category: Criminal Law | Date: 9 Aug, 1990 | Hits: 50
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. ......y necessity to condone the delay when defendant was prevented from information about the date of hearing due to the mistake or default of the court or its officers When an injury is caused to a party due to any mistake or default committed by a court or its officers there are high authorities ..Category: Procedural Law | Date: 8 Aug, 1990 | Hits: 108
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. ...... Court of the learned Munsif (Now Assistant Judge), Sadar, Rajshahi for expeditious disposal. 2. The facts relevant for the disposal of the rule may be stated as follows: ‑The present opposite party No.1 Sree Narendra Nath Datta instituted a suit being OC Suit No.297 of 1972 in the Court of M..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. ......d under section 437A of the Code because the present application under section 439 Cr. P.C. which has become barred by the insertion of sub-section (4) in section 439 of the Code. It is true that the party being aggrieved by the order of the Sessions Judge in a revision case filed under section 439 ..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. ......appropriate cases. But this power is to be exercised subject to the Election Rules. In this case there was no complaint whatever before the Presiding Officers as to any unfair practice adopted by any party nor was any petition made to the Presiding Officers for re-counting of ballot papers on the sp..Category: Election Law | Date: 27 Jun, 1990 | Hits: 139
....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.
......8 of the circular is that it would take effect from 11.01.84 that is, long after the impugned order against the petitioner had been passed Paragraph 16 of this circular however, empowers the opposite party to take disciplinary action against the employees of the Bangladesh Agricultural Research Coun..
Category: Employment/Service Law | Date: 20 Jun, 1990 | Hits: 74
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. ......ying on the aforesaid decisions Mr. Aminul Huq submits that this Court has got wide jurisdiction to dispose of this case under section 38 of the Companies Act. 17. Facts are always disputed. One party will allege some facts and the other party will deny the same. But on the basis of the materia..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. ......on in the matter. A trap was set up for the appellant. PW 3 Sekandar Ali, a peon of the Coscor shop of Segunbagicha is a witness to the inventory of the currency notes given by PW 1 to PW 2. The trap party comprised of PW 1, Amjad Hossain, PW 6, Syed Mohammad Ali, Police Officer and PWs 4, 5, 7 and ..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. ...... his order dated 8.5.1981 released the seized menthol. This order of the learned Magistrate was set aside by the learned Sessions Judge, Dhaka in Criminal Revision No. 44 of 1981 6. The opposite party No.1 Superintendent Customs, Foreign Post Office, Dhaka filed a Naraji petition to the Chief M..Category: Fiscal/Taxation Law | Date: 11 Jun, 1990 | Hits: 80
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