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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. ......rs 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 principle cannot be extended to the evidence of trap witnesses, because the latter cannot be termed ......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
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. ......a facie case or that there is no legal evidence whatsoever to sustain a prima facie case. 12. The second case referred to and relied upon by the learned Advocate for the petitioner lays down the principle that where there is no evidence to base a prima facie case the pending proceeding is to be......tained in packets by mis-describing the goods as menthol in the document submitted by him and thereby the petitioner attempt( to violate Import Trade Control Regulations in for and also evade a large amount of customs duty an sales tax and that the petitioner himself signed and sent a letter to the ..Category: Fiscal/Taxation Law | Date: 11 Jun, 1990 | Hits: 80
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. ......cations under Art. 181 are restricted to applications under the Civil Procedure Code and that the application for rectification of a share‑register under s. 38 is left to be governed by the general principle that it shall be filed within a reasonable time and not after inordinate delay. What is a ...... transfer. He also denied having received any consideration money. Appellant said he paid the consideration money to his brother, but when asked whether the paid the consideration involving a huge of amount of money - Tk. 4.45 lac - in cash or in cheque, be said he could not remember. He also could ..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. ......agricultural purpose or whether it was a non‑agricultural tenancy we need not examine in this case whether the provisions of section 116 of the Transfer of Property Act is applicable or whether the principle of holding over can be applied to an agricultural lease as rules of justice, equity and go......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. ..Category: Property Law | Date: 28 May, 1990 | Hits: 57
AH Shamsuddin Ahmed Vs. Begum Arafat & others, 1990, 19 CLC (HCD)
..... 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. .............Petitioner 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 re....... 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
Aga Kohinoor Alam Vs. State and another, 1990, 19 CLC (HCD)
.... said to be without any basis nor the said proceeding can be held to be liable to be quashed. The Rule is accordingly discharged. Ed. This Case is also Reported in: 43 DLR (1991) 95. ...... said to be without any basis nor the said proceeding can be held to be liable to be quashed. The Rule is accordingly discharged. Ed. This Case is also Reported in: 43 DLR (1991) 95. ...... mutation and all relevant documents were false, forged and was available in the office. He, by showing such false documents induced the purchaser to purchase the house from the accused petitioner at amount of Taka 12 lakhs and during executing the deed of agreement an undertaking was also given in ..Category: Criminal Law | Date: 13 May, 1990 | Hits: 73
Ayesha Khatun (Musammat) Vs. Musammat Jahanara Begum & others, 1990, 19 CLC (AD)
.... per provision of section 96 of the State Acquisition and Tenancy Act. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 9. ......ption - Whether 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 ...... per provision of section 96 of the State Acquisition and Tenancy Act. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 9. ..Category: Property Law | Date: 11 Apr, 1990 | Hits: 47
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. ......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. ......hich was not taken into consideration by the court and decreed the suit. Thereafter the defendant filed an application under section 152 CPC for correction of the judgment and decree on adjusting the amount of revenue paid. Trial Court rejected the application holding that there was no clerical or a..Category: Civil Law | Date: 5 Apr, 1990 | Hits: 1
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. ...... 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. ......ard contractual rate of interest for such period…………………......... (7) It is not laid down that the plaintiffs are entitled to interest on decretal amount as a matter of right or that the payment of interest on decretal amount is compulsory…..Category: Civil Law | Date: 1 Apr, 1990 | Hits: 79
M/s. Rising Sun Traders Ltd. Vs. Chittagong Port Authority and another, 1990, 19 CLC (HCD)
.... the impugned Judgment of the learned Subordinate Judge is set aside and the award dated 14.12.1986 is made the Rule of the Court. Ed. This Case is also Reported in: 43 DLR (1991) 1. ......s. In support of his contention the learned Advocate has referred to and relied upon the decisions reported in AIR 1955 (Cal) 354, AIR 1956 (Puni) 187, AIR 1974 (Cal) 345. These decisions lay down he principle that the Arbitrator should give notice to other parties about ex parte hearing and also ab...... matter of fact it was completed on 30.4.1982. After the completion of the work the respondent No. 1 Chittagong Port Authority failed to pay security deposit and bill for work of the contractor total amounting to Taka 14,54,594.88 paisa as a result of which dispute arose between the parties and it w..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)
....e learned District Judge is directed to dispose of the appeal on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 7. ...... an order passed therein. It is true that there is no express provision permitting such party to prefer an appeal against such an order……........(6) The Court should proceed on the principle that every procedure which furthers administration of justice is permissible even if there......ppeal from an order passed therein. It is true that there is no express provision permitting such party to prefer an appeal against such an order. This omission, however, cannot be understood to amount to prohibition. The Court ought not to act on the principle that every procedure is to be tak..Category: Property Law | Date: 27 Mar, 1990 | Hits: 75
Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)
....e are set aside and the suit is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 18. ......e are set aside and the suit is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 18. ......lleged finger impression of Defendant No.1 Shaikh Salimuddin marked as C, C1 and C2 and also one receipt Ext.5 dated 24.2.71 showing additional alleged advance payment of the consideration money amounting to Tk. 8,000/‑ by the plaintiff containing finger print therein as C3. He obtained speci..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. ......s of the case would be unreasonable. State Vs. Mokbul Hossain 37 DLR 157 relied. ...................... (23) Single witness can be the basis of conviction It is a sound and well established principle of law that it is the quality and not the quantity of evidence that matter. There is no im...... Provision of section 509A. Cr. P.C The post-mortem report is sought to be admitted into evidence on the ground that the doctor left the country and his attendance can not be procured without an amount of delay or inconvenience which under the circumstances of the case would be unreasonable. St..Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65
Abdul Momen Bhuiyan Vs. Haji Payez Ali Mia and others, 1990, 19 CLC (HCD)
....Act, [XII of 1872]; Section 62 A candidate in an election of Union Parishad can be declared disqualified by the Returning Officer on the ground that he had defaulted in making payment of certain installments of loan taken from some banks and as such his nomination can be rejected under section ......us, for the reasons stated above, we do not find any substance in this petition. Accordingly, the petition is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 97. ......hority has also maintained the order of rejection vide Annexure "D" to the petition. 3. It is argued that before submission of the nomination paper the petitioner had repaid a lump sum amount of taka two lacs against the amount due from the Bank and he was allowed on 17.2.1990 by the ..Category: Election Law | Date: 5 Mar, 1990 | Hits: 136
Momin Miah & another Vs. Moinuddin Hossain & another, 1989, 18 CLC (AD)
....ty in dispute, that is, item No.1 of Schedule 'B' of the Compromise petition (as in T.S. No.319 of 1986). No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 175 ......ty in dispute, that is, item No.1 of Schedule 'B' of the Compromise petition (as in T.S. No.319 of 1986). No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 175 ......appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908) Order XXXIX, rule I The judgement debtor entered into a contract to sell the mortgaged land for satisfaction of the decretal amount but full requirement has not been met. The bank was not a party to the agreement. The outstan..Category: Contract Law | Date: 4 Dec, 1989 | Hits: 222
Moynul Hasan and others Vs. Nazmul Haq @ Nazmul Hasan and others, 1989, 18 CLC (HCD)
.... impugned order of the learned Subordinate Judge. In the result, the Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 82. ...... impugned order of the learned Subordinate Judge. In the result, the Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 82. ......eous Case No. 756 of 1985 allowing an application under Order 9 rule 13 of the Code of Civil Procedure. The parties herein are heirs and descendents of late Shamsul Huq who died leaving a substantive amount of immovable property. 2. The petitioners and the opposite party No. 1 are full brothers..Category: Limitation Law | Date: 28 Nov, 1989 | Hits: 219
Sree Birendra Nath Singh and others Vs. Md. Mokbul Shah and others, 1989, 18 CLC (HCD)
....erference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court‑records at once. Ed. This Case is also Reported in: 43 DLR (1991) 77. ......arties and that the amendment sought for does not involve setting up of a new case and in view of this matter the learned Munsif committed an error of law in not exercising his discretion on judicial principle. .................. (5) Explanation of facts and circumstances and delay Delay, ......erference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court‑records at once. Ed. This Case is also Reported in: 43 DLR (1991) 77. ..Category: Property Law | Date: 2 Aug, 1989 | Hits: 78
Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)
....inate Judge, Narayanganj is directed to dispose of T.S. No.56 of 1984 in accordance with law as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 357. ......h he was in wrongful possession, that title of Mir Sayed Ali to .120 acre of land has been established, that .07 acre of land has been found to be Government khas land, that the suit is barred by the principle of resjudicata, that the plaint is liable to be rejected for want of cause of action and t......inate Judge, Narayanganj is directed to dispose of T.S. No.56 of 1984 in accordance with law as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 357. ..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
Ananda and others Vs. State, 1989, 18 CLC (HCD)
....not wanted in connection with any other case. The suo motu Rule for enhancement is discharged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533.......what similar matter came up for consideration before a Division Bench of Rajasthan High Court, in the case of Ramji Lai Vs. The State, reported in AIR 1951 Rajasthan 33. In that case under report the principle stated above has been reiterated to the effect that unlike kidnapping, abduction is a co...... instant case is the alleged offence of kidnapping of abduction of the victim girl. Abduction or inducing a girl, less then 16 years of age, to go from one place to another, by itself would not amount to an offence punishable under section 366 of the Penal Code unless it was done with the in..Category: Women and Children | Date: 24 May, 1989 | Hits: 143
Hazrat Ali & Abdur Rahman Vs. State, 1989, 18 CLC (HCD)
....emned prisoner Hazrat Ali with the modification of sentence of both the condemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ......o sustain a conviction on circumstantial evidence, such evidence must be complete and is incapable of explanation on any hypothesis other than of the guilt of the accused. It is an accepted principle of law that where all the evidence is circumstantial its effect would be to exclude any re......at when any fact is deposed to as discovered in consequence of information received from person accused of an offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved...Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152
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