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Abul Kashem and others Vs. The State, 1990, 19 CLC (AD)
....d-For the Appellants. B Hossain, Deputy Attorney-General, instructed by AW Mallik, Advocate-on-Record-For the Respondent. Criminal Appeal No.22 of 1989. (From the judgment and order dated 25th May, 1989 passed by the High Court Division, Barisal Bench, Barisal in Criminal Revision ......s Judge was invested with the power of hearing the appeal against the order of conviction recorded by a Magistrate, First Class. 3. The Learned Counsel for the appellants relied on a Full Bench decision of the High Court Division (Comilla) in Nurul Huda Vs. Bahar Uddin & ors, 41 DLR 395 in..Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 51
Badsha Mia and others Vs. Abdul Latif Majumder and others, 1990, 19 CLC (AD)
....ate instructed by Md. Sajjadul Huq, Advocate-on-Record - For the Respondent No. 3. Ex parte - Respondent Nos. 1-2 and 4-12. Criminal Appeal No. 39 of 1985. (From the Judgment and order dated 12th August, 1985 passed by the High Court Division Comilla Bench, Comilla in Civil Rule No. 3......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. ..Category: Criminal Law | Date: 30 Jul, 1990 | Hits: 59
....bullah looked after the affair of the bank in liquidation 31st August, 1971 when Bangladesh Bank took over the charge of the affairs of the said Bank as Official Liquidator as per order of this Court dated 26th July, 1977. At the time of handing over charge Mr. Shehabullah could not hand over many o......suit is dismissed on contest against the defendant No. 2 and 3 and ex parte against the rest. But there shall not be any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 558.
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Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
Abdur Rahman Mondal and others Vs. State, 1990, 19 CLC (AD)
....r the Appellants. B Hossain, Deputy Attorney‑General, instructed by AW Mallik, Advocate-on-Record - For the Respondent. Criminal Appeal No. 11 of 1990 (From the Judgment and order dated 21.1.90 passed by the High Court Division, Dhaka in Criminal Revision No. 83 of 1990). J......pellate 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 When decision of a pending miscellaneous case has no bearing in deciding questions of possession of the i..Category: Criminal Law | Date: 23 Jul, 1990 | Hits: 52
Attor Mia and another Vs. Mst. Mahmuda Khaton Chowdhury and others, 1990, 19 CLC (AD)
....e with him) instructed by Shamsul Haque Siddique, Advocate-on-Record-For the Respondent No. 1. Ex parte -Respondent Nos. 2-8. Civil Appeal No.18 of 1988 (From the Judgment and Order dated 14.5.87 passed by the High Court Division Sylhet Session in Civil Revision No.66 of 1986). ......in issues of fact for the first time in revision. As for issues of law and mixed question of fact and law the revisional Court itself was competent on the basis of the evidence on record to come to a decision of its own without sending the suit back on remand to the Trial Court for a fresh decision ..Category: Property Law | Date: 22 Jul, 1990 | Hits: 43
Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)
....the Appellants. Golam Rabbani, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Respondent. Civil Appeal No. 15 of 1986. (From the Judgment and Decree dated 10.12.84 passed by the High Court Division, Rangpur Bench in Second Appeal No.162 of 1974). ......e, in which the landlord acquiesced or of which he had knowledge, a Court is justified in presuming that the tenure is of a permanent nature". 13. The Privy Council noted with approval the decision in Caspersz's case in the case of Afzal-un-Nissa Vs. Abdul Karim ILR 47 Cal I (PC). ..Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115
Idris Ali Bhuiyan Vs. Enamul Haque and another, 1990, 19 CLC (AD)
....vocate, Supreme Court instructed by Sharifuddin Chaklader, Advocate-on-Record - For the Respondents (in both the petitions). Civil Review Petition Nos. 11 and 12 of 1990. (From the Judgment dated 19 April, 1990 passed by the Appellate Division in Civil Petition Nos. 470 and 471 of 1989). ......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
Bijoy Kumar Basak Vs. Narendra Nath Datta & others, 1990, 19 CLC (HCD)
....arty No. 1. Civil Revision No.53 of 1987. Judgment Muhammad Ansar Ali J. - This Rule issued at the instance of the plaintiff Petitioner is directed against the judgment and order No.12 dated 26.12.84 passed by the learned District Judge, Rajshahi in Miscellaneous Case No.121 of 1984 u......ase the allegations of bias against the learned Subordinate Judge are without any basis or foundation. Hence the impugned order should be set aside. In support of his contentions Mr. Mondal has cited decisions reported in AIR 1963 (Pat) 353 and PLD 1955 PC 185. 8. Mr. Abdur Rahman Biswas, the l..Category: Property Law | Date: 11 Jul, 1990 | Hits: 67
Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)
....onviction is, on the face of it, without jurisdiction, being beyond the time specified in the section. Magistrate has no jurisdiction to pass order of restoration after the expiry of 30 days from the date of the conviction. 38 Cr LJ 981 cited. The order of resptoration of property may be made b......down the above principle obviously was to prevent the estate of a deceased person being damaged although death had terminated the personal interest of the convict in the appeal.......... (6) The decisions already referred to relate the interest of the heirs of the deceased accused and continuat..Category: Criminal Law | Date: 27 Jun, 1990 | Hits: 110
Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)
....pondent No. 1 (In Civil Appeal No. 15 of 1990). Not Represented- Respondent Nos.2-14 (In Civil Appeal No.15 of 1990). Civil Appeal Nos.13 and 14 of 1990 (From the Judgment and order dated 27.8.86 passed by the High Court Division, Dhaka in Appeal from Original Order No.239 of 1986 ......r a Court to condone the delay under section 5 of the Limitation Act. Similar view has also been expressed in the case of Kaushalya Rani Vs. Gopal Singh, reported in AIR 1964 SC 260 and in many other decisions of the High Court Division of this Court relating to special or local law which prescribes..Category: Limitation Law | Date: 25 Jun, 1990 | Hits: 176
....ice Chairman, Bangladesh Agricultural Research Council and another..........Opposite Parties.
Judgment
June 20, 1990.
Result:
The Rule is made absolute
Prior notice with date of hearing for enquiry should be served to the petitioner.
In hearing of an enquiry the pr......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.
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Category: Employment/Service Law | Date: 20 Jun, 1990 | Hits: 74
Dr. Naimur Rahman and another Vs. Shahbazpur Tea Co. Ltd and another, 1991, 20 CLC (AD)
....ssain, Senior Advocate, instructed by Kazi Shahabuddin Ahmed, Advocate-on- Record-For the Respondents. (In both the appeals) Civil Appeal Nos.58 and 59 of 1984. (From the Judgment and order dated 21.4.1983 passed by the High Court Division, Dhaka in Matter Nos. 27 and 28 of 1982). Jud....... 2 alleged that the applications for winding up were filed by the appellants with a malafide motive to prevent the companies from acquiring back the shares of Pubali Jute Mills Ltd., pursuant to the decision of the Government to de‑nationalise the said Mill published in the Bangladesh Gazette on ..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)
....t No.3 has fully affirmed the statements made by the petitioner in the application as well as in the affidavit‑in‑reply. The respondent No.3 had admitted his gift of 1300 shares and the affidavit dated 10.4.86 and also the instrument of transfer executed by him in favour of his son. He had also ......ed to register it, be retained by the company. The Directors may waive the production of any certificate upon the evidence satisfactory to them of its loss or destruction." 12. In the above decision their lordships were of the view that no transfer can be registered without a proper instru..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
Shahabullah (Md) Vs. The State, 1990, 19 CLC (AD)
....Appellant. B Hossain, Deputy Attorney‑General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Respondent. Criminal Appeal No. 23 of 1989. (From the judgment and order dated 14.12.88 passed by the High Court Division, Dhaka in Criminal Appeal No. 145 of 1982). Ju......bdur Rahman vs. State, 27 DLR 268 and Abdul Jabbar vs. State, 37 DLR 278. 4. The practice of utilizing Magistrates in trap cases has been disapproved by the Pakistan Supreme Court in a number of decisions. Let us refer to one Muhammad Zaheer Nadeem Vs. The State, PLD 1960 (SC) 51(55) wherein it..Category: Anti-Corruption Laws | Date: 13 Jun, 1990 | Hits: 119
Atiqur Rahman Vs. AKM Fazlul Hoque, 1990, 19 CLC (HCD)
....ong Kong in that consignment of menthol of 17 packets and these were meant to be sent to Nepal. 5. The learned Magistrate accepted the final report and discharged the accused petitioner by order dated 12.3.1981. On an application made by the accused petitioner to the learned Magistrate for retu...... committed by the consignor at Hong Kong. 10. The contention of the learned Advocate is that no prima facie case can be based on suspicion. The learned Advocate has referred to and relied upon 2 decisions viz. (a) 28 DLR (AD) 38 and (b) 27 DLR (AD) 29. In the first case under reference three ca..Category: Fiscal/Taxation Law | Date: 11 Jun, 1990 | Hits: 80
Abdul Mannan and others Vs. Akram Ali and others, 1990, 19 CLC (AD)
....ndents Nos.1-12. Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos.26 & 27. Ex parte-Respondents 13-25. Civil Appeal No.29 of 1986. (From the Judgment and order dated 17.7.84 passed by the High Court Division, Sylhet Bench, in Civil Revision No.226(C) of 1982.)......possession on the suit land. Nevertheless, the trial Court dismissed the suit on the ground that the identity of the suit land could not be ascertained in the absence of any local investigation. This decision was challenged in appeal, Title Appeal No.27 of 1981. The appellate Court while concurring ..Category: Procedural Law | Date: 6 Jun, 1990 | Hits: 107
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....on-Record–For the Respondent No.1 (In Civil Appeal Nos.42 to 44 of 1986). Not represented-Respondent Nos.2-5. Civil Appeal Nos.39 to 44 of 1986. (From the judgments and orders dated 23.4.1986 passed by the High Court Division, Dhaka, in Company Appeal Nos. 5, 6, 7 of 1985). ......tantive evidence, and if it is clearly and unequivocally made then it is the best evidence against the party making it and though not conclusive, shifts die onus on to its maker. He has referred to a decision in the case of Thiru John Vs. Subramanyan, AIR 1977 SC 1724 in support of this view. He had..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
Siddik Ali Vs. Nurun Nessa Khatun and others, 1990, 19 CLC (AD)
.... by Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 1 to 10. Ex parte -Respondent Nos. 2 to 9(a) to 9(J), 11 to 15. Civil Appeal No. 21 of 1985. (From the judgment and decree dated 13.10.83 passed by the High Court Division, Comilla Bench, in Second Appeal No. 94 of 1968). ......ff was not a party to the earlier partition suit. It also discarded the judgment Ext. B because it was passed on 23.5.61 after the plaintiff's dispossession on 12.4.1961. 6. In affirming the decision of the Trial Court the Court of appeal below further considered the recital in Ext. 3, the ..Category: Property Law | Date: 28 May, 1990 | Hits: 57
....lection Commissioner enjoys the power to order repolling in the disputed polling centres. Even after the deletion of Rule 68 he has jurisdiction to decide a disputed question of fact raised by a candidate and this court in the exercise of its writ jurisdiction should assume the allegation of the pet......ssion.............(7)
When an administrative authority decides a matter brought before it, such authority has to act fairly and justly and if any person is likely to be affected by such order or decision of such administrative authority the person to be affected is to be given an opportunity of..
Category: Election Law | Date: 24 May, 1990 | Hits: 101
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. ......ple of law that mere declaratory suit is maintainable if it is found that the document with regard to which declaration is sought itself is void ab‑initio. This views of mine finds support from the decision ill the case of Petherpermal Chetty Vs. Muniandy Servai 35, (Cal) 551 (PC). In this case bo..Category: Property Law | Date: 22 May, 1990 | Hits: 111
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