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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. ....... Result: The appeals are dismissed. The Companies Act (VII of 1913); Sections 38 & 40 When both parties have led all their evidence and the facts involved in the applications for rectification of the share registers are not of complicated nature, the same can be disposed of ......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. ......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
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. ......tio. 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 favour of the defendant was void for want of deliverly of possession to the defendant. The taking of possession of the subject m....... 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. ......ound that the deed of gift executed in favour of the defendant was void for want of delivery of possession to the defendant. It appears on perusal of the judgment of the Courts below that the learned Judges very carefully examined the evidence of possession. It appears that the Appellate Court obser..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. ......ul Alam is directed against the order by the High Court Division, Dhaka in Criminal Miscellaneous Case No. 318 of 1989 with Suo Motu Rule No. 451 of 1989. 2. The short fact that will be relevant for disposal of this appeal is that there was an altercation between the supporters of two rival can......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. ...... 1990. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898); Section 498 Cancellation of bail In view of pending case and counter case the learned Judges of the High Court Division did not exercise their judicial discretion properly in cancelling ..Category: Criminal Law | Date: 20 May, 1990 | Hits: 100
Azima Begum Vs. Yusuf Khan (Md) and others, 1990, 19 CLC (AD)
....and the parties will be at liberty to take such steps as advised for hearing of the Rule. The appeal is, therefore, allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 53. ......of Criminal Procedure, 1898 (V of 1898), Section 439 Whether High Court Division correctly exercise its discretion in not granting an order of ad-interim stay The appellant clearly stated before the High Court Division while obtaining the Rule that she had given birth to a female child bar......and the parties will be at liberty to take such steps as advised for hearing of the Rule. The appeal is, therefore, allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 53. ......n of the prayer for ad‑interim stay. 8. Leave was granted to consider the appellant's contentions - (i) that the birth of a baby completely changed the character of the case and the teamed Judges of the High Court Division ought to have stayed the operation of the order dated 17.9.86; and..Category: Criminal Law | Date: 14 Feb, 1990 | Hits: 58
Circle Officer, Sutrapur Vs. Mohammad, 1989, 18 CLC (HCD)
.... the Rule is made absolute without any order as to cost. Let a copy of this judgment be sent to the District Judge, Dhaka immediately. Ed. This Case is also Reported in: 43 DLR (1991) 84. ...... Vs. Mohammad ...................................Opposite Party Judgment August 9, 1989. Result: The Rule is made absolute. Same privilege of government and citizens for filing appeal for delay condonation The law is the same for the Government as well as for t...... the Rule is made absolute without any order as to cost. Let a copy of this judgment be sent to the District Judge, Dhaka immediately. Ed. This Case is also Reported in: 43 DLR (1991) 84. ...... this Court by AY Nasiruddin Ahmed. Head Assistant, Revenue Munshikhana, Dhaka Collectorate in his supplementary affidavit dated 7 June, 1989 in addition to the affidavit made on 15.8.88 in the Dist. Judges Court by Mr. Mofazzal Hossain, Assistant of the Collectorate. He states in the said affidavit..Category: Limitation Law | Date: 9 Aug, 1989 | Hits: 178
AK Banik & Khokan Kumar Saha Vs. M. Karim & another, 1989, 18 CLC (HCD)
.... petitions) Moksudur Rahman, Advocate—For the Contemner-Respondents (In both the petitions). Contempt Petition Nos. 9 & 10 of 1989. Judgment Mustafa Kamal J. - These two contempt Rules have been heard together and will be disposed of by the same judgment as they arise o......under section 3(2) of the Special Powers Act, 1974, later on approved by the Ministry of Home Affairs by Memo dated 8.2.89 under section 3(3) of the Special Powers Act, 1974 detaining the detenu for 3 months from 3.2.89. By judgment and order dated 5.4.89 a Division Bench of this Division made ......bsequently may be accepted. Let a copy of this judgment be forwarded to the Secretary, Ministry of Home Affairs forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 122. ......bsequently may be accepted. Let a copy of this judgment be forwarded to the Secretary, Ministry of Home Affairs forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 122. ..Category: Contempt of Court Law, Criminal Law | Date: 11 Jun, 1989 | Hits: 102
Hazrat Ali & Abdur RahÂman 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. .............................................Respondent Judgment April 26, 1989. Result: The death reference is rejected with Commutation of the sentence of death to imprisonment for life. The Evidence Act, 1872 (Act No. I of 1872); Section 27 The Code of Criminal Proc......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. ......uences of accusation, is explicable fully by the proximity of those consequences and need have no connection whatsoever with either its voluntary nature, or the truth of the facts stated. The learned Judges were perfectly right in first deciding those two questions, and the answer being in the ..Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
.... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14. ......no hesitation to hold that the plaintiff knew about the defendant's transaction with the Bank and that the vessel with all its materials was pledged to the Bank. The contention of the learned Counsel for the appellant that the Bank ought to have proceeded against the defendant's other securities has...... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14. ......rs merely out of grace and not as a matter of fresh contract. 17. Section 170 says lien exists in the absence of a contract to the contrary. This question has agiÂtated the minds of the English Judges and the law was surveyed in Tappenden vs. Antus (1964) 2 QBD 185=1963 All ER. 213. The bailee..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
Mrs. Sajeda Parvin Banu Vs. Government of BanglaÂdesh and others, 1988, 17 CLC (AD)
....ered to be kept under detention. He further highlighted that the detenu by his public utterances, which were published in the newspapers of London and India, held the Government and the Parliament in contempt and caused harm to the image of a number of Members of the Parliament. The statement of the......ion of Bangladesh, 1972, Article 102 Materials were available to the detaining authority since March 1986, the detenu was a member of the Parliament and attending Sessions and thereafter he left for U.K. He came back on 22.6.87and when the bail order was passed on 27.6.87 the order of detention......is satisfied that the accused will indulge in prejudicial activities if he is allowed to remain at large. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ......vision took the view that the rule has become infructuous because the order of detention dated 27th June, 1987 had been revoked and a fresh order had been passed on the 15th August, 1987. The learned Judges took the view that unless fresh application is filed impugning the order of detention dated 1..Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95
Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)
....eration of this judgment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ......howdhury J Sarping Matshajibi Samabaya Samiti Ltd…………Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Land Administration and Land Reforms, and others…………………………&he......eration of this judgment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ......orted in 1981 BLD (AD) 329, their lordships of the Supreme Court, Appellate Division in the relevant portion of the judgments held thus:- "The question involved is whether the learned Judges of the High Court Division after finding that the order of cancellation was vitiated as ..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
Abdul Awal Vs. Abdul Mannan & another, 1986, 15 CLC (AD)
....ses in the same court according to the proceeding governing trials of cross-cases. The petition is dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 254. ......instructed by N. H. Khondkar, Advocate-on- Record—For the Petitioner. Aminul Huq, Advocate-on-Record—For the Respondent No. 1. Not represented—Respondent No. 2. Criminal Petition for Special Leave to Appeal No. 85 of 1935. (From the judgment and order dated 20.5.85 passed b......ses in the same court according to the proceeding governing trials of cross-cases. The petition is dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 254. ...... the Informant's party. The police submitted charge-sheet in that case also and from that charge-sheet Sessions Case No. 409 of 1983 arose, as referÂred to above. In these circumstances, the learned Judges of the High Court Division found that the exclusion of the petitioner from the charge-sheet w..Category: Criminal Law | Date: 16 Mar, 1986 | Hits: 77
Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)
....urul Mostafa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 86. ......23 of 1979 convicting accused petitioners Sakya Pada Barua, Fazlul Huq, Nurul Mostafa and Nurul Amin under section 364/34 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for 7 years should not be set aside or such other or further order or orders pasted as to this Court......urul Mostafa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 86. ......enactment changing the forum of trial came into force. In all cases which are not triable by the Subdivisional Magistrates or the Upazila Magistrates, but by Courts of Sessions or by the Special Judges or by Special Tribunals under special enactments the First Information Reports are sent by th..Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1
Noor Mohammad Vs. The State, 1985, 14 CLC (HCD)
....ion. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 111. ...... Trial Case No.6 of 1984 convicting accused appellant Noor Mohammad under sections 304 Part I of the Penal Code. The accused appellant Noor Mohammad has been sentenced to suffer rigorous imprisonment for 10 years for committing offence under section 304 Part I of the Penal Code. No sentence has been......ion. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 111. ......charge sheet against some or all the inmates of the house of the husband on the basis of hearsay evidence, conjecture, suspicion and surmise. In the absence of incriminating evidence at the trial the Judges have to helplessly look on and suffer uneasiness of conscience for presiding over the ac..Category: Criminal Law, Evidence Law | Date: 29 Nov, 1985 | Hits: 5
Mahmljdul Huq Vs. Golam Mowla, 1985, 14 CLC (HCD)
....h they were quashed by the learned Sessions Judge, Noakhali. Let the L.C. records be sent back immediately. Ed. This Case is also Reported in: 6 BLD (HCD) (1986) 1 ...... July 30, 1985 Result: The Rule is made absolute Competency of Sessions Judge to quash Criminal Proceeding- Sessions Judge has no power to quash a criminal proceeding pending before the Sub-Divisional Magistrate. If he was of the opinion that a prima face case was made ou......h they were quashed by the learned Sessions Judge, Noakhali. Let the L.C. records be sent back immediately. Ed. This Case is also Reported in: 6 BLD (HCD) (1986) 1 ......n the aforesaid case a Division Bench of the Calcutta High Court considered the question as to whether a particular proceeding pending in a Court below ought to be quashed. Both the learned Judges agreed that the High Court has power to quash a criminal proceeding in its early stage before..Category: Criminal Law, Procedural Law | Date: 30 Jul, 1985 | Hits: 1
Kings Shipping Tra¬ding Co Vs. M/s. L.S. Line & others, 1985, 14 CLC (HCD)
....t the order may be stayed for one month. This order is therefore, stayed for one month. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 30. ......llah with S. K. Siddique— For the Respondent Nos.2 and 3. Admiralty Suit No.17 of 1891. Judgment Sultan Hossain Khan J.- The plaintiff has filed a suit in Admiralty jurisdiction for realisation of Tk. 17,87,363.18 against the principal defendants for loss and damage to the carg......t the order may be stayed for one month. This order is therefore, stayed for one month. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 30. ......y;gland exercised in 1890 under Admiralty Court Act of 1861. In England originally a suit in a Court of Admiralty and the jurisdiction of the Court was based on practice and the judgments of the Judges. But after the enactments of laws governing Admiralty jurisdiction since 1840, i.e. with the ..Category: Admiralty Law or Maritime Law | Date: 8 Jul, 1985 | Hits: 7
Abu Taher and others Vs. Mst. Razia Begum and another, 1984, 13 CLC (HCD)
....ted. Let a copy of this judgment be sent to the trial Court immediately. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 18. ......th the active help and connivance of all other accused persons. The complainant was mentally and physically tortured by the accused persons as she raised objection. The second marriage was fixed for solemnisation on 14.7.80. On 12.7.80 complainant Razia Begum was abducted by the accused pe......ted. Let a copy of this judgment be sent to the trial Court immediately. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 18. ......Magistrate, Additional District Magistrate or any Magistrate, of the 1st class is specially empowered U/S 29C of the Code of Criminal Procedure to try any offence, all the Assistant Session Judges of the Sessions divisions within which the District is situate shall be deemed to have been a..Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2
The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)
....que and S.M. Amin Azhar— For the Petitioner (Opposite-parties). Criminal Miscellaneous Case No. 24 of 1984 and Suo Motu Rule No. 41 of 1984. Judgment Mustafa Kamal J. - These two contempt Rules have been heard together and will be disposed of by the same judgment. In Crimin...... Criminal Misc. Case No.24 of 1984 the contemner Mr. Abdul Karim Sarker, Upazilla Nirbahi Officer (U.N.O), Chilmari, District Kurigram was asked to show cause on 19.3.84 why he shall not be convicted for contempt of Court for interfering with the administration of the justice by putting various pres...... with the record duly attested by the learned Deputy Attorney General. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 26. ...... with the record duly attested by the learned Deputy Attorney General. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 26. ..Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1
Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)
....r Court records be sent down at once. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 1. ......s allowed in full. When a recorded confession proves itself without calling the Magistrate who recorded it. When the confession has been recorded in accordance with law by observing all the formalities prescribed by law (i.e. by observing all the formalities prescribed by Ss. 164 and 364 C......r Court records be sent down at once. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 1. ......he said confession or statement is "tendered" or "received in evidence". The Privy Council in Nazir Ahmed's case deprecates the practice of examining Magistrates and Judges except in special circumstances such as those provided for by section 533 Cr.P.C. If not exam..Category: Criminal Law, Evidence Law | Date: 4 Nov, 1984 | Hits: 4
Nurul Islam Vs. Md. Abdur Rashid & others, 1984, 13 CLC (AD)
.... In the result, the appeal is allowed and judgment and order of the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 32.......witness must be exercised judicially and not arbitrarily. Discretionary power under Order XIIX rule 17 of the Code of Civil Procedure shall have to be exercised subject to law of Evidence for the time being in force. Discretionary power of the Court cannot be exercised for helping the l...... In the result, the appeal is allowed and judgment and order of the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 32.......6.2.84. 4. Leave was granted to consider as to the correctness of the decision of the High Court Division. Order 18, rule 17 of the Code was noticed by the High Court Division and learned Judges took the view that interference under section 115 C.P.C. is not warranted in the background,..Category: Contract Law | Date: 20 Aug, 1984 | Hits: 199
M/s. Haque BroÂthers (Carbide) Ltd. Vs. Bangladesh Shilpa Rin Sangstha & others, 1984, 13 CLC (AD)
.... on the aforesaid amount of principal and interest calculating from this day till realization. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ...... terms and the dispute comes to an end. If the proposed terms become infructuous, they cannot be used in future against the writer in deciding the issues between the parties. If the document is formally proved, the Court can ultimately examine such letter. But if the entire letter is written â...... on the aforesaid amount of principal and interest calculating from this day till realization. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ......ondent No. 1 preferred First MiscellanÂeous Appeal No. 474 of 1980 against the rejection of part of their claim before the High Court Division 7. On hearing the appeals analogously the learned Judges of the High Court Division dismissed F.M.A. No. 490 of 1979 and allowed F.M.A. No. 474 of 198..Category: Procedural Law | Date: 2 Apr, 1984 | Hits: 105
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