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Fazal & others Vs. State, 1990, 19 CLC (HCD)
.......Petitioners Vs. The State ........................................Opposite party Judgment May 14, 1990. Result The Rule is made absolute. Every judgment shall be dated and signed by the presiding officer in open court at the time of pronouncing it. Hence putting......nt an order dated 7.9.87 passed by the Sessions Judge, Manikgonj in Criminal Appeal No. 9/87 allowing the appeal and sending the case back on remand to the Trial Court. 2. Facts relevant for the decision of this rule am as follows: The petitioners along with the acquitted accused Gafur had..Category: Criminal Law | Date: 14 May, 1990 | Hits: 66
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. ......evertheless, this Court has no scope to say whether such allegation was true or false or will be accepted by the Court or not. The Settlement Court left the matter of criminal liability open for decision by the appropriate Court. In this situation the Court can not accept the contention that th..Category: Criminal Law | Date: 13 May, 1990 | Hits: 73
Ayesha Khatun (Musammat) Vs. Musammat Jahanara Begum & others, 1990, 19 CLC (AD)
....Tenancy Act, 1950 (XXVIII of 1951), Section 96 The Registration Act, 1908 (XVI of 1908), Section 47 Whether right to sue i.e. cause of action to file a case for pre-emption arises from the date of execution or registration of the transfer deed under pre-emption - Whether right to defend s......e of the pre-emptor, is directed against the judgment and order dated 6th August, 1985 of the High Court Division, Rangpur Bench, Rangpur in Civil Revision No.202 of 1983 setting aside the concurrent decision of the Trial Court and the lower Appellate Court allowing the pre‑emptor's applicatio..Category: Property Law | Date: 11 Apr, 1990 | Hits: 47
Sonali Bank Vs. Nurul Kader and another, 1990, 19 CLC (HCD)
....lip;….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. Rohini Kanta Mondal, 4 DLR ......pugned order rejected the application holding that it was barred by limitation. 5. The learned Advocate for the petitioner submits first, that the learned Munsif committed an error of law in the decision in that the suit not having been set forth for hearing on 30.6.82 but being fixed for showi..Category: Civil Law | Date: 5 Apr, 1990 | Hits: 1
Kanak Mala Vs. Md. Safiuddin & others, 1990, 19 CLC (HCD)
....ocate ‑ For the Opposite Party No.1. Civil Revision No. 1015 of 1988. Judgment Syed Fazle Ahmed J. - This Rule calls in question the legality and propriety of the Judgment and decree dated 30.6.88 passed by Subordinate Judge, 4th Court, Dhaka in Title Appeal No. 20987 affirming the ......ction of this Court and obtained the present Rule. 8. The learned Advocate appearing for the defendant‑petitioner submits that the Courts below committed error of law resulting in an erroneous decision occasioning failure of justice in decreeing plaintiff's suit inasmuch as plaintiff fail..Category: Property Law | Date: 5 Apr, 1990 | Hits: 74
MA Razzaque Vs. Bangladesh Election Commission, 1990, 19 CLC (HCD)
....ur and Appellate Authority, Jamalpur District and 4. The Additional Deputy Commissioner (General) and Returning Officer, Upazila Parishads of Jamalpur to show cause as to why impugned order dated 20.2.90 (Annexure‑C) passed by respondent No.3 Appellate Authority, District Jamalpur s......, 1982 for election for the office of Chairman of a Upazila Parishad. Apart from the fact that the Appellate Authority did not distinguish between a statutory corporation and the government, its decision is also illegal because if the concerned authority has accepted the contesting candidate..Category: Election Law | Date: 5 Apr, 1990 | Hits: 110
Sonali Bank Vs. M/s Begg & Beg Jute Incorporated Limited & others, 1990, 19 CLC (HCD)
....th payment of interest in a mortgage suit under a circumstance. Order 34, rule 11 leaves it to the discretion of the Court what interest should be awarded to the mortgagee in a mortgage suit from the date of the suit till the date fixed for redemption. The Court is not bound to award contractual rat......45 and in AIR 1958 (Rajasthan) 145 have no application in the instant case. He has next contended that the Commercial Court has given valid reasons for disallowing the interest and therefore its decision disallowing the interest to the plaintiff is not liable to be interfered with. 7...Category: Civil Law | Date: 1 Apr, 1990 | Hits: 79
Aftabuddin Fakir Vs. Sowdagar Rabi Das & others, 1990, 19 CLC (HCD)
....Not represented‑ the Opposite Parties. Civil Revision No.483 of 1988. Judgment Syed Fazle Ahmed J. - This Rule calls in question the legality and propriety of the judgment and decree dated 2nd May, 1988 passed by Subordinate Judge, Netrokona in OC Appeal No.2 10 of 1986 affirming th...... the evidence independently with a clear consciousness of relevant points which arose for adjudication. It is also to afford the parties an opportunity of knowing and understanding the grounds of the decision to enable them to make the higher forum and to enable the High Court to judge whether lower..Category: Civil Law | Date: 29 Mar, 1990 | Hits: 65
M/s. Rising Sun Traders Ltd. Vs. Chittagong Port Authority and another, 1990, 19 CLC (HCD)
....espondent No. 1. Appeal from Original Order No.24 of 1989. Judgment Md. Sohrab Ali J. - This Appeal under section 39 of the Arbitration Act directed against the Judgment and order dated 30.4.1989 passed by the Subordinate Judge, 2nd Court, Chittagong in Other Suit No.5 of 1987 se......ferred the present appeal being First Miscellaneous Appeal No. 24 of 1989. 7. Mr. Md. Mozammel Hossain, the learned advocate appearing for the appellant contractor, submits that the Judgment and decision of the Court below is illegal and unjustified as the learned Subordinate Judge did not comp..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)
.... 1988. Judgment Mohammad Ismail Uddin Sarker J. - This Rule was issued at the instance of the petitioner calling upon the plaintiff‑opposite parties to show cause as to why the order dated 2.4.88 passed by the learned District Judge, Dhaka in Title Appeal No. 23 of 1988 should not b......f the petitioner, that the petitioner being a person adversely affected by the judgment and decree passed by the Trial Court, the learned District Judge has Committed an error of law in his decision occasioning failure of justice in refusing leave to the petitioner to prefer the appeal. Th..Category: Property Law | Date: 27 Mar, 1990 | Hits: 75
Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)
....;………………….……..(29) Article 113 provides for limitation in a suit for specific performance of contract and it is three years from the date fixed for performance of the same and if no such date is fixed when the plaintiff has noticed t......avour of the plaintiff by the Court. The Court is required to come to a finding on assessment of the materials on record that the plaintiff has been able to prove his case. In support of this view, a decision in the case of Bangladesh Vs. Abdul Wadud and others reported in 25 DLR (SC) page 90 may be..Category: Property Law | Date: 15 Mar, 1990 | Hits: 66
Abdur Rabban (Md) Vs. Aminul Hoque Sowdagar and another, 1990, 19 CLC (AD)
....the defendant was that of trespass in the suit land Since the relationship of landlord and tenant between the parties was never a fact in issue in the suit the application of the defendant No.1 dated 12.1.1966 and the deposition of defendant No.1 in miscellaneous case Nos. 66 of 1963 could not...... For the reasons stated above we do not find any merit in the appeal. The appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 19. ..Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123
Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....in motion. Therefore, non‑mention of bench in front of Ansar Ali's shop cannot be said to be embellishment on prosecution case. 10. P.W.2 Md. Nurul Islam stated in his evidence that on the date of occurrence at about 6‑30 PM he was sitting on a bench in front of the shop of Ansar Ali Ka......r.P.C. does not stand satisfied in the instant case and as such Post‑mortem report is not admissible in the evidence and it was admitted in the evidence illegally. In support of this contention the decision in the case of State Vs. Mokbul Hossain, reported in 37 DLR 157 has been relied upon. In th..Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65
Abdul Momen Bhuiyan Vs. Haji Payez Ali Mia and others, 1990, 19 CLC (HCD)
....ila Administration Re-organisation) Ordinance, 1982; Section 6(2)g Local Government (Union Parishad) Ordinance, 1983; Section 7(2)g Contract Act, [XII of 1872]; Section 62 A candidate in an election of Union Parishad can be declared disqualified by the Returning Officer on the g......of course, disturb such finding of facts, when the law itself has made provision for resolution of such disputed question of facts through an election petition. Mrs. Rabia Bhuiyan has referred to the decision reported in 41 DLR 543 (Abu Taher Mia Vs. Fariduddin Sarker and others). In this case a que..Category: Election Law | Date: 5 Mar, 1990 | Hits: 136
Anisuzzaman Vs. State, 1990, 19 CLC (HCD)
....that 4 motors were stolen. He further stated that on his information P.W.1 went to the place of occurrence and made a search for the motors in vain. He corroborated P.W.1 saying that on the following date he heard that 4 electric motors were kept in Jamalpur PS where he went and identified the same ......tly to the Irrigation Project but ultimately it was prejudicial to the economical and financial interest of the State and as such the order of conviction u/s 16 of the Act is legal. Mr. Huq cited the decision in the case of Tamiz Hia Vs. Govt. of Bangladesh reported in 33 DLR 207 wherein it has been..Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86
Momin Miah & another Vs. Moinuddin Hossain & another, 1989, 18 CLC (AD)
....tal amount but full requirement has not been met. The bank was not a party to the agreement. The outstanding amount was tendered against balance claim of the bank but that was refused due to lapse of date fixed. Then a suit for specific performance of contract being filed by the plaintiff against th......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 ..Category: Contract Law | Date: 4 Dec, 1989 | Hits: 222
Moynul Hasan and others Vs. Nazmul Haq @ Nazmul Hasan and others, 1989, 18 CLC (HCD)
...., Advocates ‑For the Opposite‑Party No. 1. Civil Revision No.505 of 1987 Judgment AKM Sadeq J. - This Rule obtained by the plaintiff‑petitioners, is directed against order No. 30 dated 31.12.86 passed by Mr. AKM Fazul Karim, Subordinate Judge, 3rd Court, Dhaka in Miscellaneous C......g the entire properties in the suit amongst the compromising parties, to the exclusion of the opposite party No.1 (defendant No.8). This speaks of suppression, even fraud. Studied in the light of the decisions cited by the learned Advocate for the opposite parties, limitation was not a material poin..Category: Limitation Law | Date: 28 Nov, 1989 | Hits: 219
Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)
....al No.215 of 1989 Judgment Md. Mozammel Hoque J.- This Criminal Appeal No.215 of 1989 (previously Criminal Revision No.94 of 1989) is directed against the judgment and order of acquittal dated 29.1.89 passed by the Additional Sessions Judge and Special Tribunal, Gazipur, in Special Tr......gards maintainability of the appeal was heard by a Division Bench (Fazle Hossain Mohammad Habibur Rahman and Mahmudul Amin Chowdhury, JJ) on 20th February, 1989. The above Division Bench relying on a decision reported in 40 DLR 161 held that the informant-appellant was net competent under the Specia..Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153
Manindra Kumar Malakar Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....prepared............. (10) The Headmaster of Chapair (West) Primary School gave a certificate regarding the age of the detenu, which has been given on a plain paper but not on any school pad. No date of birth of the girl was given there, it is very difficult to rely on the alleged certificate........ is not found less than 16 years, then father/ guardian will not be entitled to claim her guardianship and the girl will be treated as major and she will be allowed to go anywhere she likes. The decision in Jahanara Begum alias Joisna Rani Saha and another Vs. The State, 15 DLR (Dhaka) 148 has ..Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104
Circle Officer, Sutrapur Vs. Mohammad, 1989, 18 CLC (HCD)
....েহেতু আপীলটি তামাদিতে বারিত সেই হেতু ইহা খারিজ করা হইল।” 6. Being aggrieved by the said order dated 21.8.88 passed by the District Judge, Dhaka the defendant petitioners obtained this Rule. ......rmalities and complications including allocation of budget and sanction of fund by the relevant Ministry under a particular head are involved and as such Government requires longer time in making the decision and then in processing the matter. Bangladesh Vs. Zahiruddin 1986 BLD (AD) 180 referred......Category: Limitation Law | Date: 9 Aug, 1989 | Hits: 178
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