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Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)
....k is to avoid a clutter which cannot be used as a sorting device for ascertaining facts at the last court of the country. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 144. ...... be any promotion to the post of IPO without appearing successfully in the competitive examination of the Department. Any order of reversion after an incumbent's appointment' to a higher post and continuing there for some duration will surely cause a disappointment as he would no longer draw......ts fill permanent posts by employees subject to a condition of termination of employment by notice. The Government could fill the post in this manner if the Government was unable to get a person with proper qualifications and was filling the post as interim measure till it secured a person with prop......k is to avoid a clutter which cannot be used as a sorting device for ascertaining facts at the last court of the country. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 144. ..Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112
Shambhu Nath Poddar Vs. Bangladesh Railway and others, 1990, 19 CLC (AD)
....tly, the judgment of the High Court Division is set aside and the suit is decreed. The appeal is allowed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 82. ......habuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Shambhu Nath Poddar.....................Plaintiff-Appellant Vs. Bangladesh Railway and others....................... ..Defendant-Respondent Judgment November 19, 1990. ......to any negligence and misconduct of the Railway servant and its agent dealing with the said parcel and as such the Railway is not liable to pay for the loss. Defendants’ case is that, they took proper care in carrying the goods in transit as bailee and there being no gross negligence on the pa......tly, the judgment of the High Court Division is set aside and the suit is decreed. The appeal is allowed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 82. ..Category: Civil Law | Date: 19 Nov, 1990 | Hits: 107
A Gafur alias Haji Abdul Gafur & others Vs. Jogesh Chandra Roy and another, 1990, 19 CLC (AD)
....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. ......resent: Shahabuddin Ahmed CJ MH Rahman J Mustafa Kamal J Latifur Rahman J A Gafur alias Haji Abdul Gafur & others.................Appellants Vs. Jogesh Chandra Roy and another.............................Respondents Judgment August 27, 1990. ......1983 which was heard and disposed of by the Sessions Judge, Dinajpur, by an order dated 8 August 1983. The learned Sessions Judge found that the training of the charges against the appellants was not proper and that on conclusion of evidence led by the prosecution they were not examined under s. 342......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)
....nt if it otherwise stands abated. If we were to read the provisions of rule 4 of Order XLI in the manner in which the learned counsel appearing for the appellants wants us to do, then it would render completely nugatory the other provisions of the Code relating to abatement of appeals. This could no......n: 43 DLR (AD) (1991) 156. ......endency of the appeal necessary parties are brought on record. 11. There is a long line of decisions of this sub‑continent that rule 4 of Order 41 of the Code will apply provided the appeal is properly constituted. In the case of Shah Muhammad and others Vs. Muhammad Bakhsh reported in PLD 19......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. ..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
Golam Kader Vs. Abdul Khaleque Choukder and others, 1990, 19 CLC (AD)
....act into a suit for determination of title which is not permissible in law. The learned Single Judge of the High Court Division rightly found that the present appellants are not necessary parties for complete and effectual adjudication of the issues involved in the present suit. The learned Single J......ourt Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J Mustafa Kamal J Latifur Rahman J Golam Kader being dead his heirs; Nurun Nahar Begum and others..................... Added-Defendant-Appellants Vs. Abdul Khaleque Choukder an......tating, inter alia, that they are plaintiffs in Title Suit No.7 of 1969, that the plaintiffs of the present suit for specific performance of contract created a collusive document in order to grab the property of Title Suit No.7 of 1969. In the said application the appellants stated that they are nec......ermination of title which is not permissible in law. The learned Single Judge of the High Court Division rightly found that the present appellants are not necessary parties for complete and effectual adjudication of the issues involved in the present suit. The learned Single Judge of the High Court ..Category: Civil Law | Date: 13 Aug, 1990 | Hits: 94
State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)
....dged by P.W.1 within a few hours of the occurrence, 5 miles away at Patuakhali, a vivid description has been given of the entire occurrence disclosing the names of the accused and the Witnesses which completely agree with the deposition of the witnesses in court. Secondly, all the eye‑witnesses ha......riminal) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J State................................... Appellant Vs. Abdus Sattar and others..........Accused-Respondents Judgment August 9, 1990. Result: The i......en able to prove its case beyond reasonable doubt. The High Court Division having discarded the said considerable direct evidence upon certain grounds which have been alleged to be not legitimate and proper, it was felt that the matter required looking into the evidence by this court in the interest......nder section 201 is set aside. The respondents are directed to surrender forthwith and serve out the sentence imposed upon them. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 44. ..Category: Criminal Law | Date: 9 Aug, 1990 | Hits: 50
Afruz Miah (Md) and another Vs. Alhaj Md. Siraj Miah, 1990, 19 CLC (AD)
....mself held 600 shares in the said hotel and became the permanent and life‑time Managing Director of the said private limited company. During the early part of 1980 deceased Siraj Miah suffered from complete nervous break-down hearing the news that appellant No. 1 misappropriated huge amount of mon...... ......was completely of unsound mind. It is stated in the plaint that taking advantage of his mental illness appellant No. 1 in collusion with others created a false deed of partition on 1.7.81 to grab the property of deceased Siraj Miah including the land and building of the said "Hotel Al-Amin"...... present case, the same suffers from no illegality. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 89. ..Category: Procedural Law | Date: 5 Aug, 1990 | Hits: 91
Abdul Hai Sikder and another Vs. State, 1990, 19 CLC (AD)
.... Result: The appeal is dismissed. The Evidence Act, 1872 (I of 1872), Section 134 The evidence of a solitary witness can very well be the basis of conviction if his evidence is full, complete and self contained, stands fully corroborated by circumstances and medical evidence on reco......n: 43 DLR (AD) 95. ...... fullness and completeness are enough to justify the conviction. We find no merit in this appeal. Hence the appeal is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) 95. ...... fullness and completeness are enough to justify the conviction. We find no merit in this appeal. Hence the appeal is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) 95. ..Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 91
Attor Mia and another Vs. Mst. Mahmuda Khaton Chowdhury and others, 1990, 19 CLC (AD)
.... decision on the evidence on record and without any direction to take additional evidence when the revisional Court was itself competent to determine [he issues involved as the evidence on record was complete. 2. The appellants filed Title Suit No. 367 of 1991 in the 2nd Court of Subordinate J......8. ......led by both the parties and the two Courts below arrived at conflicting findings, the High Court Division as the revisional Court has to see whether the Trial Court's finding had been reversed on proper consideration of evidence. When evidence on all material points are there on record, the revi......s own. Hence the appeal is allowed and remanded to the High Court Division for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ..Category: Property Law | Date: 22 Jul, 1990 | Hits: 43
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. ......bt indicative of a mere tenant‑at‑will without any transferable or heritable interest, but the word cannot be limited to a mere tenant‑at‑will under all circumstances - the subsequent history and attendant circumstances are relevant facts to be taken into consideration in determining the cha......stern side and reside at the western side of the premises. He sold away the movables to P.W.6 Probhash Chandra Pal on 19.11.58 and left for India. The plaintiff-respondent took possession of the suit property after the gift on 6.3.61 and the said P.Ws.4 and 6 used to run the biscuit factory. The def......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. ..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. ......on (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Idris Ali Bhuiyan ...........................Petitioner Vs. Enamul Haque and another....................Respondents Judgment July 17, 1990. Result: The r......ed as void, delivered up and cancelled and declaring that the so‑called sale deed transferring to the defendant No. 1 2 annas 6 gondas 2 Karas and 2 karanti share of Syed Wazed Ali Azam in the suit property is not binding on the plaintiff. (b) For a decree declaring the title to the share of ......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. ..Category: Property Law | Date: 17 Jul, 1990 | Hits: 30
Abdur Rouf Miah Vs. Fazlur Rahman and others, 1990, 19 CLC (AD)
....rs. He found no discrepancy in the ballot papers of 83 Centres; but in respect of 4 Centres, he found marks of tampering and a substantial number of ballot papers missing. In this position he did not complete the re‑counting but submitted a report to the Chief Election Commissioner, In the meantim...... Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdur Rouf Miah ...........................Petitioner Vs. Fazlur Rahman and others..............Respondents Judgment June 27, 1990. Result: The petiti......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. ......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)
....dge held: "From a consideration of all the above decisions and the provisions of section 29 Of the Limitation Act 1908, it, therefore, emerges that section 5 of the Limitation Act has been completely excluded from application in case of limitation prescribed by any special or local law by......R (AD) (1991) 28. ...... 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. ......set out by the Government in the two appeals before the High Court Division. Besides, no decision can be given on nullity, which varies from case to case, unless the facts are before this Court after adjudication by the Courts below. With these words I concur with the decision given by my learn..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. ...... Ed. ......ust demand, or where the proceeding started is a clear abuse of the process of the Court, then the Court has got inherent jurisdiction to stay further proceedings till the dispute is adjudicated in a proper forum. The Court has also got inherent power to stay further proceeding "for ends of jus......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. ..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. ...... (Original Civil jurisdiction) Present: Md. Mozammel Hoque J Sher Ali Amir Ali Virjee.................................... Petitioner Vs. Eastern Industries (Bangladesh) Ltd. and others.......................Respondents Judgment June 17, 1990. Result: Th......Industries (Bangladesh) Ltd. and others.......................Respondents Judgment June 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 r......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. ..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. ......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......cision was overruled by five judges in the State of Bihar Vs. gaswan Singh AIR 1958 (Sc) 500. It was held that evidence of a trap witness is to be tested in the same way as any other witness and in a proper case the Court may look for independent corroboration before convicting the accused. This vie......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. ..Category: Anti-Corruption Laws | Date: 13 Jun, 1990 | Hits: 119
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. ......e is also Reported in: 43 DLR (AD) (1991) 34. ......gistration of transfer of shares has been laid down in section 34 of the Companies Act. Sub‑section(3) of this section provides that no transfer of shares shall be lawful unless it is effected by a proper instrument of transfer duly stamped and executed by both the transferor and the transferee an......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. ..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
....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.
......
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......tion in connection therewith at Annexure V dated April 19, 1990 to be without lawful authority and of no legal effect or such other or further order or orders passed as to this Court may seem fit and proper".
2. In this case election of Chairman, Gaibandha Sadar Upazila Parishad was held o......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.
..
Category: Election Law | Date: 24 May, 1990 | Hits: 101
AH Shamsuddin Ahmed Vs. Begum Arafat & others, 1990, 19 CLC (HCD)
....he defendant was void for want of deliverly of possession to the defendant. The taking of possession of the subject matter of the gift of donee, either actually or constructively is necessary to complete a gift. Delivery of possession of a gift may be actual or constructive. When physical deliv......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......actually or constructively is necessary to complete a gift. Delivery of possession of a gift may be actual or constructive. When physical delivery of possession is not possible such possession as the property admits may be delivered. The donor must of course divest himself of his possession to compl....... 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. ..Category: Property Law | Date: 22 May, 1990 | Hits: 111
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. ......onali Bank………………………………………………….Petitioner Vs. Nurul Kader and another……………………………&......as 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 under section 151 of the C......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. ..Category: Civil Law | Date: 5 Apr, 1990 | Hits: 1
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