Search Options
Judgment Advanced Search
Attor Mia and another Vs. Mst. Mahmuda Khaton Chowdhury and others, 1990, 19 CLC (AD)
....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. ......ord was complete. 2. The appellants filed Title Suit No. 367 of 1991 in the 2nd Court of Subordinate Judge, Sylhet under Muslim Law for directing transfer of the suit land to the plaintiffs and ordering delivery of possession of the suit land to them on their depositing in Court the sale price......isposal in accordance with law. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ......the sale price of Tk. 40,000. Respondent Nos. 2-9, owners of the suit land, sold the same on a consideration of Tk. 40,000.00 to respondent No. 1 by a kabala registered on 13.7.81. The appellants and one Arabullah, owners of contiguous plot Nos. 5528 and 5526, claimed that the appellants are entitle..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. ......tly the High Court Division was justified in interfering with the finding, which is a mixed finding or fact 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. &nbs......ithout any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 55. ......nt filed the suit for declaration of title and recovery of khas possession of the suit land against appellant No. 1 and the predecessor-in-interest of the other appellants. She produced evidence that one Giribala Baishnabi was the recorded tenant as 'Dakhalkar' of the suit land situated with..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. ......re arises the question of the suit being barred by limitation but even then the suit was sent on remand to the Trial Court for retrial. 5. Both the parties having felt aggrieved by the appellate order came up in revision to the High Court Division; CR 521 of 1988 at the instance of the plaintif....... Hence, the review petitions are dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 12. ......reme Court Appellate Division (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 1..Category: Property Law | Date: 17 Jul, 1990 | Hits: 30
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. ......r Opposite Party 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.1...... Vs. Narendra Nath Datta & others............Opposite Party Judgment July 11. 1990. Result: The Rule is discharged. A lawyer should be very vigilant and diligent in drafting applications particularly application for transfer of suits alleging bias of a judge. ......t High Court Division (Civil Revisional Jurisdiction) Present: AKM Amirul Islam Chowdhury J Muhammad Ansar Ali J Bijoy Kumar Basak.................................Petitioner Vs. Narendra Nath Datta & others............Opposite Party Judgment Jul..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. ......e State..............................................Opposite Party Judgment June 27, 1990. Result: The Rule is made absolute The power of the Appellate Division to pass an order for re-delivery of possession to the person acquitted on appeal must be an express power. Surp......ion Case No.381 of 1985 is hereby quashed. Send down the records expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 60. ...... ..Category: Criminal Law | Date: 27 Jun, 1990 | Hits: 110
Abdur Rouf Miah Vs. Fazlur Rahman and others, 1990, 19 CLC (AD)
....ection Commissioner for re‑counting. The Election Commissioner then vacated his order for re‑counting, accepted the election of Respondent No. 10, as declared by the Returning Officer, and got it published in the Official Gazette on 19 April 1990, observing that in the 4 disputed Centres where t......ishad (Election) Rules, 1983, rules 38-41 Whether Election Commission can direct re-poll in the absence of Rule 68 of the Upazila Parishad (Election) Rules 1983 - Whether election commission can order recounting of votes when there was no objection before the Presiding Officer or Returning Offi...... this observation the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 23. ...... Appellate Division (Civil) 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,..Category: Election Law | Date: 27 Jun, 1990 | Hits: 139
Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)
.... 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. ......he Respondent 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......ith the decision given by my learned brother. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 28. ......sult: Civil Appeal Nos.13 and 14 of 1990 are allowed and Civil Appeal No.15 of 1990 is dismissed. The Limitation Act, 1908 (IX of 1908), Sections 5 & 29(2) Whether delay can be condoned when an appeal is not filed within the period of limitation under the Special Law In Bangl..Category: Limitation Law | Date: 25 Jun, 1990 | Hits: 176
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)
....y 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 27.9.82 which the companies were entitled as original Banglad......mal Hossain, 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). ......h the observation made above. In the facts and circumstances of the case there will be no order as to costs. Ed. ...... and that the assets of the companies are not sufficient to satisfy the bonafide claim of the creditors. The affidavits and counter‑affidavits filed by the parties for winding up was not a bonafide one and the same was made for collateral purpose. It is not be permissible in law to re‑open ..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. ......d by the respondent No.3 with bona fide belief might have been used by the respondent No.2, Managing Director with ulterior purpose. He fraudulently transferred those 400 shares to Mrs. Amir Banoo in order to achieve his personal interest. 6. The respondent No.3 through his constituted Attorney......rayed 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. ......991) 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. ......r the 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). ......d. 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. ......inal Appeal No. 145 of 1982 affirming the order of conviction and sentence dated 7.4.82 of the Special Judge, Dhaka Division, Dhaka passed in Special Case No. 9 of 1981 convicting the accused‑petitioner under section 161 of the Penal Code read with section 5(2) of Act II of 1947 and sentencing him..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. ......from Hong 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 fo......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. ...... High Court Division (Criminal Revisional Jurisdiction) Present: MS Ali J Habibur Rahman Khan J Atiqur Rahman ........................................................Petitioner Vs. AKM Fazlul Hoque, the State.........................................Opposite‑Pa..Category: Fiscal/Taxation Law | Date: 11 Jun, 1990 | Hits: 80
Abdul Mannan and others Vs. Akram Ali and others, 1990, 19 CLC (AD)
....reasonable. The Registrar is directed to put up the matter to the Chief Justice for necessary order as to transfer of the case. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 129. ...... Respondents 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 ...... necessary order as to transfer of the case. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 129. ......reasonable. The Registrar is directed to put up the matter to the Chief Justice for necessary order as to transfer of the case. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 129. ..Category: Procedural Law | Date: 6 Jun, 1990 | Hits: 107
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. ......vocate-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 1...... appeals are therefore dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 34. ......mely, appellant Tamizul Hoque, respondent Shamsul Hoque, Azizul Hoque, Anwarul Hoque and Moktarul Hoque were the only Directors‑Share holders of each of the Companies. After some time the last mentioned two brothers died whereupon their heirs were substituted. Respondent, Shamsul Hoque, left Bangl..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. ...... schedule 2 on 29th Chaitra, 1367 BS. Proforma‑defendant No. 20 filed a criminal case against the defendants and the same was dismissed on 30.8.61. The principal defendants, being encouraged by the order of acquittal, dispossessed the plaintiff from suit plot No. 1. During the pendency of the suit......s allowed after setting aside abatement. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 3. ...........Respondents Judgment May 28, 1990. Result: The appeal is allowed. The Transfer Property Act, 1882 (IV of 1882), Section 116 Whether long possession of the tenant alone after expiry of the period of lease will constitute holding over Continuous possession by ..Category: Property Law | Date: 28 May, 1990 | Hits: 57
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. ...... the defendant, contending, inter alia, that as the husband of the plaintiff was dismissed from service for corruption used to help her by giving money. The plaintiff being satisfied by such help, in order to relinquish her debt, made the gift in presence of local Matbar on May 2,1971. He also conte....... Ed. This Case is also Reported in: 43 DLR (1991) 52. ......: 43 DLR (1991) 52. ..Category: Property Law | Date: 22 May, 1990 | Hits: 111
Bakul Howlader @ Shamsul Alam Vs. The State, 1990, 19 CLC (AD)
....bail of the appellant. Hence, the appeal is allowed and the bail granted to the appellant by the Upazila Magistrate is confirmed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 14. ......ord-For the Appellant. B Hossain, Deputy Attorney‑General instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Respondent. Criminal Appeal No. 5 of 1990. (From the judgment and order dated 19.2.1990 passed by the High Court Division, Dhaka in Criminal Miscellaneous Case No.318......ed and the bail granted to the appellant by the Upazila Magistrate is confirmed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 14. ......view of pending case and counter case, we are of the opinion that the learned Judges of the High Court Division did not exercise their judicial discretion properly in cancelling the bail of the petitioner. The High Court Division only considered the fact that in the First Information Report lodged o..Category: Criminal Law | Date: 20 May, 1990 | Hits: 100
Fazal & others Vs. State, 1990, 19 CLC (HCD)
....he accused petitioners be acquitted of the charge levelled against them. The accused petitioners be discharged from their bail bonds. Ed. This Case is also Reported in: 43 DLR (1991) 40. ......s of law. It imposes a duty on the court to question the accused properly and fairly so as to bring home to him the exact case. It is intended for the protection and benefit of the accused and not in order to enable the prosecution to find out materials to support the prosecution case.33 DLR 101 and......levelled against them. The accused petitioners be discharged from their bail bonds. Ed. This Case is also Reported in: 43 DLR (1991) 40. ......n: 43 DLR (1991) 40. ..Category: Criminal Law | Date: 14 May, 1990 | Hits: 66
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. ...... Advocate-on-Record-For the Appellant. Aftab Hossain, Advocate-on-Record-For the Respondent No.1. Ex parte -Respondent Nos.2-42. Civil Appeal No.98 of 1985. (From the judgment and order dated 6th August, 1985 passed by the High Court Division, Rangpur Bench in Civil Revision No.2......he result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 9. ...... 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