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Bangladesh Road Transport Corporation Vs. M/s. Ashraf Jute Mills Ltd., 1990, 19 CLC (HCD)
....10.00 at the rate of Tk. 6.00 per sq. ft. It was also agreed that rent of every month would be paid by the 7th day of the following month. In pursuance of the aforesaid lease the respondent went into possession of the premises on 10.5.83. The respondent company failed to pay rent as per agreement an......ary question arises as to whether the petitioner corporation has got any locus standi to file this application under sections 162 and 163 of the Companies Act inasmuch as whether the petitioner being landlords comes within the purview of the term 'creditor'. The learned Advocate submits that there a......ove company to this Court within two months from the date of receipt of a copy of this order. Ed. This Case is also Reported in: 43 DLR (1991) 240. ......r lawyer is not contesting the present application. In view of the facts stated above I am of the view that the respondent company was unable to pay its debt to the petitioner. 5. Now, preliminary question arises as to whether the petitioner corporation has got any locus standi to file this appli..Category: Company Law | Date: | Hits: 165
Serajul Islam Vs. The Director General of Food, 1990, 19 CLC (HCD)
....In the result, on the grounds stated above the application of the petitioner is summarily rejected. The prayer for certificate is refused. Ed. This Case is also Reported in: 43 DLR (1991) 237.......In the result, on the grounds stated above the application of the petitioner is summarily rejected. The prayer for certificate is refused. Ed. This Case is also Reported in: 43 DLR (1991) 237....... The prayer for certificate is refused. Ed. This Case is also Reported in: 43 DLR (1991) 237.......excuse and may also mean conscious violation of law to the prejudice of another. After exhausting administrative remedies, if he is so advised, the petitioner will have ample opportunity to raise the question of malice‑in‑law, if any, before the Administrative Tribunal. 4. The learned Advocat..Category: Administrative Law | Date: | Hits: 175
Sheikh MA Jabbar Vs. AKM Obaidul Huq and others, 1990, 19 CLC (HCD)
....aint case No. 742A/85. 3. The Rule arising out of Criminal Revision case No. 220/88 is directed against the order dated 6.6.88 passed by the Metropolitan Magistrate, Dhaka directing restoration of possession under section 522 of the Code of Criminal Procedure in case No. 792A of 1985 in pursuance......passed by the Metropolitan Magistrate in case No. 792A/95 is set aside. The Rule arising out of Criminal Revision No. 239/88 is discharged. Ed. This Case is also Reported in: 43 DLR (1991) 233. ......No. 792A/95 is set aside. The Rule arising out of Criminal Revision No. 239/88 is discharged. Ed. This Case is also Reported in: 43 DLR (1991) 233. ......ion No. 239/88 obviously because both the courts below have, upon consideration of the evidence on record, concurrently found that the accused petitioner had committed house trespass into the shop in question in the manner alleged by the complainant opposite party. In arriving at their conclusions b..Category: Criminal Law | Date: | Hits: 59
Fahim Al Haque (Minor) and another Vs. Mohammad Abdul Aziz and others, 1990, 19 CLC (HCD)
....to the other co‑sharers should be allowed. We are further of the view, in the present day scarcity of the accommodation in urban areas a co‑sharer should not be deprived of' using the land in his possession by making constructions at his risk. If a co‑sharer makes a construction in his possess......iffs are the petitioners in this application. It is their case that they filed a suit being title Suit No. 35 of 1986 in the Court of the learned Subordinate Judge, Faridpur for partitioning the suit land. The plaintiffs after filing the suit filed an application under Order 39 rules 1 and 2 of the ...... Case is also Reported in: 43 DLR (1991) 226.......nner of application in the facts 'and circumstances of the present case because the principle laid down there is with regard to the land in rural areas, but in the instant case admittedly the land in question is situated Within Faridpur Municipal area. So, we find that the above c1ccision is of' lit..Category: Property Law | Date: | Hits: 59
....ned Advocate for the petitioner. On the contrary they go against him.
In the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 223.
......ned Advocate for the petitioner. On the contrary they go against him.
In the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 223.
......go against him.
In the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 223.
......gainst the vague and indefinite allegations brought against him
10. We further find from the record that the petitioner company's domestic Enquiry Officer has falsely prepared a sheet putting some questions to respondent No. 2(worker) and writing in the Inquiry Officer's hand that the replies giv..
Category: Employment/Service Law | Date: | Hits: 89
Dewan Mohammad Safare Ali & others Vs. People's Republic of Bangladesh, 1990, 19 CLC (HCD)
....f land from the aforesaid CS plots to Rajab Ali Mondal, predecessor of' the plaintiffs who applied to the landlords for being recongised as tenants whereupon the landlords brought the same under khas possession and gave pattan of the same to Rajab Ali. One Dengu Sheikh was the owner of 1.14 acres of......g rise to this Rule may briefly be stated thus: Petitioners as plaintiffs instituted the suit in the 1st Court of Munsif, Tangail being OC suit No. 590 of 1981 for declaration of title to the suit land contending inter alia that 4 sons of Saraiat Ullah were the owners of the rayoti jote comprisin......ple's Republic of Bangladesh……………………………….Opposite Party. Judgment April 10, 1990. Lawyers Involved: Gour Gopal Saha, Advocate ‑For the Petitioner. Mashuk Hossain Ahmed, Assistant Attorney General ‑For the State. Civil Revision No 397 of 1986. Judgment......l Saha, Advocate ‑For the Petitioner. Mashuk Hossain Ahmed, Assistant Attorney General ‑For the State. Civil Revision No 397 of 1986. Judgment Syed Fazle Ahmed J. - This Rule calls in question the legality and propriety of the judgment and decree dated 3.12.85 and 9.12.85 respectivel..Category: Property Law | Date: | Hits: 60
Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....tropolitan Magistrate, Dhaka for making an inventory which the Committee did. The Committee found several arms of different descriptions and also ammunition. Having not been satisfied as to the legal possession of those fire arms and ammunitions an FIR was filed with Cantonment Police Station annexu......vocate to defend his case from inside or outside the country and in the meantime the accused had filed a petition to the Bar Council seeking their permission to engage a Queens Counsel (QC) from England and intimating this desire of the accused to appoint a Senior Advocate and a Queen's Counsel he......th the decision of my learned brother Anwarul Hoque Chowdhury J. that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 347. ......4.91, 21.4.91, 22.4.91, 24.4.91 and 27.4.91 During these 8 days including 27.4.91 the prosecution examined their witnesses and in examining their witnesses it is alleged the prosecution asked leading questions in spite of protest and in spite of the prayer made by the defence asking the court not to..Category: Criminal Law | Date: | Hits: 73
Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
....ly within the knowledge of the accused and which he could prove without difficulty or inconvenience. 27. It is not until a prima facie case is established by the prosecution by proof (1) conscious possession or actual control and mens rea or guilty knowledge that the onus shifts. 28. Mr. Aminu......se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ...... is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ...... of common intention within the meaning of section 34 should not be readily drawn or pushed too far unless the same is deducible from the evidence and circumstances of the case. 12. Intention is a question of fact and can be gathered from the acts of the accused. If the acts of the accused do not..Category: Criminal Law | Date: | Hits: 87
Chairman, BCIC Vs. Md. Ali Akkas and others, 2010, 39 CLC (AD)
....ove, the submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, these petitions are dismissed Ed. This Case is also Reported in: VIII ADC (2011) 181. ......ove, the submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, these petitions are dismissed Ed. This Case is also Reported in: VIII ADC (2011) 181. ......e petitions are dismissed Ed. This Case is also Reported in: VIII ADC (2011) 181. ......ictory but in sub-article 2, it has been stated in no uncertain terms that encashment of 'earn' leave shall be calculated as per the 'last basic pay'. 6. The High Court Division observed that the question of last basic pay' arises only at the time of superannuation and not before. Therefore, it ..Category: Employment/Service Law | Date: | Hits: 90
Bangladesh Inland Water Transport Corporation Vs. Nazma Transport Company, 1991, 20 CLC (HCD)
.... Court and the Marine Court is at liberty to proceed with the proceeding in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ......r as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ...... DLR (HCD) (1993) 152. ...... as a decree passed by a civil Court in civil proceeding and as such the present suit is totally misconceived. 11. Mr. Khondker next submits that the suit is barred by limitation, and to raise the question of limitation at this stage is open to him though the plaint was accepted and the suit was ..Category: Admiralty Law or Maritime Law | Date: | Hits: 164
Malik Mohammad Amin Anowar Vs. Shahjahan Mia and others, 1990, 19 CLC (HCD)
....atus quo in respect of both movable or immovable properties in dispute. Let the matter come up in the list for hearing on 26.7.90. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 150. ......atus quo in respect of both movable or immovable properties in dispute. Let the matter come up in the list for hearing on 26.7.90. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 150. ...... the list for hearing on 26.7.90. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 150. ......the Civil Revision Case had been disposed of. It is alleged that the notice of the Rule issued in the Revision Case had never been served or even tendered upon him and as such there was absolutely no question of his refusal to accept the notice. It is further submitted that the plaintiff was quite u..Category: Procedural Law | Date: | Hits: 73
Nazrul Islam and others Vs. The State, 1991, 20 CLC (HCD)
.... not wanted in connection with any other case. The non‑appellant accused Kashem will however not get any benefit of this appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ......at P.W.2 Kawsar Ali had committed rape upon Papia Khatun wife of Sabdul and Kawsar had requested accused Kashem to do away with Sabdul giving assurance that he will give Tk. 3000.00 and two bighas of land. He sent the Petition to the Officer‑in‑Charge Kaliganj for inquiries who submitted report ...... The non‑appellant accused Kashem will however not get any benefit of this appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ...... not wanted in connection with any other case. The non‑appellant accused Kashem will however not get any benefit of this appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ..Category: Criminal Law | Date: | Hits: 86
Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)
....bound by the submission. In the result, this Rule is discharged with the observations as stated above without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 134.......erformance was unsatisfactory. The Kerala High Court by referring to large number of decisions of the Indian Supreme Court and also of English Jurisdiction namely the case reported in 1976 (3) All England Reports at page 665 observed at the‑relevant portion of the judgment thus: "It is settled ...... discharged with the observations as stated above without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 134.......pe and no legitimate expectancy. The Bank acted within their fights in refusing to accept any; if not proved to have acted within their rights but acted unreasonably or unfairly or mala fide to which question we shall advert at the relevant portion of the judgment. 19. In the view we have taken a..Category: Others | Date: | Hits: 123
Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....n editorial writer, and a news reporter of a newspaper published in Corpus christi, Texas. The County court had before it a forcible detainer case, Jackson Vs. Mayes, whereby Jackson sought to regain possession from Mayes of a business building in Corpus Christi which Mayes (who was at the time in t......fering with the administration of Justice by "shaking the confidence of the public in the court or Judge scandalized". The learned Chief Justice further argued that if the Judges are exposed to such slanderous attacks, their independence is bound to be shaken and it might well result in destroying t......h the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ......spaper and he himself has written the above commentary. Before we proceed to consider the merit of the matter, it will be advisable if we recapitulate the incriminatory portion of the commentary in question as under: “হাইকোর্টের মাননীয় বিচারপতি ..Category: Criminal Law | Date: | Hits: 124
Privatization Commission Vs. Golam Mostafa and others, 2011, 40 CLC (AD)
....h Grant was not a loan. The writ petitioner is ready to enter into a contract with regard to long term loan but the writ respondents willfully and deliberately delayed the process of handing over the possession of the Mills to him by imposing an additional condition demanding payment of 10% down pay......h costs of Taka 50,000. The judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 67, 31 BLD (AD) (2011) 173, 16 MLR (AD) (2011) 239. ......This Case is also Reported in: 16 BLC (AD) (2011) 67, 31 BLD (AD) (2011) 173, 16 MLR (AD) (2011) 239. ......say that it is void for the purpose of securing some further advantage. When the writ petitioner by executing an agreement assumed the liability, he is precluded from denying the same. 13. Now the question is whether the writ petitioner was liable to pay 10% down payment of long term loan of Taka..Category: Civil Law | Date: | Hits: 90
Provas Chandra Banik Vs. Naresh Chandra Banik and others, 2009, 38 CLC (AD)
....of plaintiff Nos.1 and 2, who are his living sons, being registered deed of gift No. 4802 dated 5-6-1970, through which he gifted away all his properties to the plaintiff Nos. 1 and 2 and handed over possession of the same to them including the residential house, on the ground that the defendant Nos......ly to deprive the plaintiffs of their lawful properties and, as such, the defendant Nos. 1-4 be directed to evict from the suit property. Plaintiff's case is that property measuring 0.26 acres of land comprised in Plot Nos. 240 and 160 under CS Khatian No.166 and Hal Mutation Khatian No.77/4 wit......tioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ......the suit property. Hence they instituted the instant suit. 3. The defendant No.1 Sree Provash Chandra Banik contested the suit by filing written statement, contending, inter alia, that complicated question of law related to title and possession in respect of the suit property having been involved..Category: Property Law | Date: | Hits: 75
Shoaib (Md.) Vs. Uttara Bank Ltd. and another, 1990, 19 CLC (HCD)
.... 1‑4‑84 informed the Uttara Bank that he purchased 969 fully paid up shares of Mr. S Khurshid Anwar who duly transferred his shares by executing the instruments of transfer. The petitioner was in possession of allotted share certificates and the instruments of transfer and as such he was entitle......rtificates and original instruments of transfer of share on furnishing the photo copies of the same duly certified by the learned Advocate. Ed. This Case is also Reported in: 43 DLR (1991) 329. ......r of share on furnishing the photo copies of the same duly certified by the learned Advocate. Ed. This Case is also Reported in: 43 DLR (1991) 329. ......rporation was a witness, the petitioner acquired a right and such a right cannot be defeated on the ground that the instruments of transfer of share were not duly stamped. He further submits that the question of approval of the Board of Directors and registration of his name in the register of share..Category: Company Law | Date: | Hits: 175
Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....nted settlement of these lands with the petitioner and others in Miscellaneous Case No. 274 of 1947. The petitioner and other lessees, after due execution of their respective Kabuilyats, entered into possession therein. While the petitioner and his other co‑tenants were in peaceful possession of t......n application under Article 102 of the Constitution an order passed by the Government, the respondent No. 1, under Memo No. 11‑1/86/230 dated 5.6.86 (Annexure 'H') whereby the settlement of certain lands granted to the petitioner by the Deputy Commissioner, Bhola, sometime in 1951, was cancelled a......without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ......) dated (Annexure 'J) whereby an application for review filed to the Government by the petitioner for reviewing the order contained in the memo first above mentioned was rejected, have been called in question. 2. The facts leading to this Writ Petition are somewhat lengthy. 3. It is alleged by..Category: Property Law | Date: | Hits: 63
Bashi alias Bashir and another Vs. The State, 1990, 19 CLC (HCD)
....lahi Baksh, I am constrained to hold that contention of Mr. Elahi is of no substance. Accordingly, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 209.......lahi Baksh, I am constrained to hold that contention of Mr. Elahi is of no substance. Accordingly, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 209.......ention of Mr. Elahi is of no substance. Accordingly, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 209.......of the Limitation Act applicable to section 30 of the Special Powers Act inasmuch as section 5 of the Limitation Act has not been expressly excluded by the Special Powers Act. In Vidayacharan no such question fell for consideration before the Supreme Court of India as is now argued by Mr. Elahi befo..Category: Procedural Law | Date: | Hits: 76
Boynuddin and others Vs. Azimuddin and others, 1989, 18 CLC (HCD)
....din Pramanik, as plaintiff, instituted a suit in the Court of the learned Munsif, Sadar, Rajshahi being OC Suit No. 167 of 1958 for declaration of his title in the suit lands and for recovery of khas possession in ejmali with the defendant No. 17 on a declaration that the kabala dated 24.11.48 is vo...... this Rule are that one Hakimuddin Pramanik, as plaintiff, instituted a suit in the Court of the learned Munsif, Sadar, Rajshahi being OC Suit No. 167 of 1958 for declaration of his title in the suit lands and for recovery of khas possession in ejmali with the defendant No. 17 on a declaration that ......estored. Ed. This Case is also Reported in: 43 DLR (1991) 207. ......with costs and the order dated 27.3.73 is set aside and the miscellaneous case under section 47 of the Code of Civil Procedure is restored. Ed. This Case is also Reported in: 43 DLR (1991) 207. ..Category: Procedural Law | Date: | Hits: 83
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