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Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)
.... The application is thus allowed. Mr. Nayeem prays for stay of operation of this judgment for four weeks. The prayer is allowed. Ed. This Case is also Reported in: 43 DLR (1991) 99. ...... Crescent Apparels (Private) Ltd. and others...............Respondents Judgment December 19, 1990. Result: The prayer is allowed. Annual General Meeting, once a year According section 81 of the Companies Act every company shall in each year hold in addition to any othe......f Mr. Nayeem is unacceptable, because this Court is required to examine and consider all the aspects of this case as a whole on the basis of the given materials. In my view, there is no scope for any remedy under section 38 of the Companies Act. 35. The upshot of the above discussions comes to ..Category: Company Law | Date: 19 Dec, 1990 | Hits: 195
Afruz Miah (Md) and another Vs. Alhaj Md. Siraj Miah, 1990, 19 CLC (AD)
.... present case, the same suffers from no illegality. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 89. ...... Judgment August 5, 1990. Result: The appeal is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order 6 rule 17 This is not substitution of one cause of action for another, but a consolidation, of all‑wrongs allegedly done to the deceased plaintiff - It will ......s to be taken to settle issue of fact. In this case the allegation of insanity cannot be decided without taking evidence and a trial of this basic issue in the same suit appears to be the appropriate remedy. The High Court Division having properly exercised its judicial discretion in the matte..Category: Procedural Law | Date: 5 Aug, 1990 | Hits: 91
....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.
......as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 558.
......al as provided under sections 22, 23, 34, 36 and 37 of the PDR Act. Rightly or wrongly, under a law that sale took place. Since the provisions are there in the law itself for appropriate and adequate remedy, and since no step was ten to avail of the remedy and till now the said auction sale has not ..
Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
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 i...... title to the share was itself very much disputed, and there were several disputed questions of fact requiring determination, s.155 could not be applied and that the petitioner was free to pursue his remedy in the Civil Court. In Anil Gupta Vs. Delhi Cloth and Generit Hills Co. Ltd., 54 Company Case..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
....jit Sen, the learned Advocate for the respondent No. 10, the elected Chairman has submitted that this Writ Petition is not maintainable to decide disputed question of facts and the petitioner has got alternative remedy before the Election Tribunal to ventilate his grievance after adducing evidence i......ts
Judgment
May 24, 1990.
Upazila Parishad (Election of Chairman) Rules, 1983; Rule 38(3)
In case of any grievance the petitioner shall raise objection before the Presiding Officer or pray for recounting the ballots. In this case the petitioner filed an a......
After the publication of the result in the Official Gazette the elected Chairman acquires a vested right and the Election Commission can not cancel the Gazette notification and order repoll and remedy of any aggrieved candidate is to go to the Election Tribunal for redress of his grievance if ..
Category: Election Law | Date: 24 May, 1990 | Hits: 101
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. ......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 the date along with the signature is mandatory. This is a legal provision under section 367 of the Code of Criminal Procedure. MK Zaman & o......ever, vehemently argued that the learned Sessions Judge should not have sent back the case for retrial to the Additional District Magistrate in order to fill up the lacuna in the prosecution and also remedy the defect of the Judgment of the Additional District Magistrate. He has argued that so far a..Category: Criminal Law | Date: 14 May, 1990 | Hits: 66
M/s. Rising Sun Traders Ltd. Vs. Chittagong Port Authority and another, 1990, 19 CLC (HCD)
.... the impugned Judgment of the learned Subordinate Judge is set aside and the award dated 14.12.1986 is made the Rule of the Court. Ed. This Case is also Reported in: 43 DLR (1991) 1. ......pellate Jurisdiction) Present: Muhammad Sohrab Ali J Md. Badruzzaman J M/s. Rising Sun Traders Ltd.............................................Appellants Vs. Chittagong Port Authority and another..............................Respondents Judgment March 28, 1990...... their letter Ext. 9(Z) 35‑A(IO) that the prayer of the contractor for extension of time beyond 30.9.81 had not been accepted by the Port Authority and that the Contractor was directed to seek remedy under the provisions of the Contract Agreement if they were not satisfied with the decision o..Category: Alternative Dispute Resolution | Date: 28 Mar, 1990 | Hits: 176
Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)
....ce by us. In the result, this appeal is dismissed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ....... The State…………………………………………………..Respondents Judgment August 16, 1989. Result: This appeal is dismissed. Cases Referred to- Firoza Begum Vs. Hormuz Ali & another, 40 DLR 161; Abdul Halim Mollah alias Monohar Mollah and another Vs. The Mem......e where the judgment which terminates the case in acquittal, and the evidence on record does not warrant the judgment, or it is a perverse judgment, the State or the person aggrieved will have no remedy against such an illegal order of acquittal and consequently the accused will go unpunished,..Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153
Ziaul Hoque Vs. Election Commission, 1990, 19 CLC (HCD)
.... is discharged with compensatory cost of Tk. 5,000/‑ (Taka five thou sand) only to be paid to the respondent No. 5 by the petitioner. Ed. This Case is also Reported in: 43 DLR (1991) 9. ............................(7) After the publication of the result in the official gazette the elected chairman acquires a vested right and remedy of the aggrieved person is to the Election Tribunal for redress of grievance........................ (9) Cases Referred to- 40 DLR (AD) 270; C......no locus standi to challange the said notification…........................(7) After the publication of the result in the official gazette the elected chairman acquires a vested right and remedy of the aggrieved person is to the Election Tribunal for redress of grievance...................Category: Election Law | Date: 14 Jun, 1989 | Hits: 98
Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)
....quo;s title in the suit lands. In view of this the cause of action of the present suit has arisen. As the SCC Suit No.5/70 has not yet been finally disposed of by judgment, the plaintiff has no other alternative but to take shelter of the civil Court for appropriate relief. The plaintiff prayed......rs...................................Respondents Judgment May 25, 1989. Result: The Rule is made absolute. Cases Referred to- Nasiruddin Vs. Govt. of Bangladesh & ors. 32 DLR (AD) 216; Khondoker Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1981 BLD (AD)......rts under Article 102 of the Constitution in an appropriate case may be exercised (the power exercised under Article 102 of the Constitution by the Superior Court is only an efficaious remedy which can always be exercised by the ordinary civil Court)." 15. Thus, as already ..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
....he basis of adverse possession, he only referred to paragraphs 1, 2 and 3 of the plaint which in turn show that the plaintiff is in possession on the basis of contract and nothing else. In the plaint alternative title on the basis of adverse possession has not been pleaded and in the prayer portio......................Appellant Vs. Mohammad Abdul Jalil Mea & others....................................Respondents Judgment March 13, 1989. Result: The appeal is allowed without any order as to cost. Cases Referred to- ILR Bom. Series Vol. 7 page; 34 AIR 1958 Punjab 335; ILR......and the appeal is allowed without any order as to cost and the suit is dismissed. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 467...Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
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. ......Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Mohammad Meah........................................Appellant Vs. Pubali Bank & ors.......................................Respondents Judgment September 1, 1988. Res......spapers. 38. It has been submitted that the High Court Division ought to have in all fairness and in equity upheld the order of attachment, as in this case the plaintiff will be left without any remedy if the Bank is allowed to sell the scheduled good by auction. In this case equity is not in f..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
Jalaluddin Ahmed Chowdhury Vs. State, 1988, 17 CLC (HCD)
....isonment till rising of the Court is evasion of the law. Again in a later decision in re Thammana Ramalin-gayya, 1942 Mad. 723 Horwill, J. sitting singly observed: “Even in cases where the alternative of fine is not permissible by law, it is objectionable to sentence persons to imprisonme......March 23, 1988. Cases Referred to- Bird Vs. Jones, (1845) 7 Q.C. 742; P. Narasayya Pantula Vs. Capt. R.A.G. Stuart, (1865) 2 M.H.C.R. 396; Muthu Nadar, 1945 (Mad.) 313; Kunhi Bava vs. Emperor, 1929 (Mad.) 226; 1942 (Mad.) 723; Mallukhand Sheikh and another Vs. The King, AIR 1949 (Cal.) ......der of conviction and sentence passed by the Additional Divisional Special Judge is right. In the result, I dismiss the appeal. Ed. This Case is also Reported in: 41 DLR (1989) 87. ..Category: Criminal Law | Date: 23 Mar, 1988 | Hits: 32
Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)
....nciple of res judicata and dismissed the suit. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 56. ......Hriday Ranjan Das being dead his heirs: Bimal Kanti Das and others………….Respondents Judgment July 20, 1987. Result: The appeal is dismissed without any order as to costs. The Code of Civil Procedure, 1908 (V of 1908) Section 11 An adverse fin...... to redeem his or that Dutta redeemed the simple mortgage. It is unbelievable that Duttas gave up possession of the said plots who were not parties in the suit filed by Sristidhar. As such the proper remedy of Sristidhar or his transferees was to sue for sale against the persons left out when he cou..Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106
Md. Nurul Haque Vs. Sonali Bank of Bangladesh & another, 1986, 15 CLC (HCD)
....der section 115(1) C.P.C. The application is, therefore, summarily rejected. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 223. ......Jahar, 59 Cal 906, Baijnath Vs. Kedar, A.I.R 1938 Cal 74, Gopala Vs. Maria, 30 Madras 274, Ganesh Vs. Baikunthes A.I.R 1951 P 291. Lawyers Involved: Md. Serajul Huq with S.A.M.Mahbub Elahi-For the Petitioner. Civil Order No.983 of 1986. Judgment Fazle Hussain Mohammad Hab......led on for hearing. 6. He also submits that the order of dismissal was not under Order 9, rule 8 C.P.C. but should be deemed to be an order under Order 17, rule 3 C.P.C. and that therefore the remedy of the plaintiff did not lie under Order 9, rule 9 C.P.C. As already stated above, the plaint..Category: Criminal Law | Date: 19 Nov, 1986 | Hits: 24
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. ......owdhury J Sarping Matshajibi Samabaya Samiti Ltd…………Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Land Administration and Land Reforms, and others…………………………&hel......to do. This equity of promissory estoppel took its origin from the jurisdiction assumed by the Court of Equity in England only to prevent fraud in cases where the Common Law would not provide a remedy. It was adopted as a juristic device to prevent injustice. 24. Equity will not suffer a ..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)
....981 reversing those of the learned Munsif, Barguna made in Title Suite No.7 of 1974. 2.The plaintiff instituted this suit for establishment of title and confirmation of possession or in the alternative for recovery of khas possession in the suit land and for a declaration that the ord......ellip;…………. Opposite Parties Judgment April 3, 1986. Result: The Rule is discharged. Case Referred to- Gendha Bepari Vs. Abdul Mansur Mia and ors, 19 DLR 349; Tarkeswar Prasad Tewari Vs.Devendra Prasad Tewari, P.L.D. 1957 (Lah) 1951; Katikine......ent of the learned Lower Appellate Court it affirmed. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD)(1987) 228. ..Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8
Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)
....of the case in accordance with law as expeditiously as possible. Md. Abdul Jalil, J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 152. ......14 DLR (SC) page 96; Abdus Salam Master Vs. The State, 36 DLR (AD) 58; Abdul Quader Chowdhury and others Vs. The State, 28 DLR 38. Lawyers Involved: M. Fazlul Karim with M. A. Kashem—For the Petitioner. Q. A. Hossain, Assistant Attorney-General—For the State. Criminal......r the same offence, that it is not a case of non-delivery and criminal misappropriation, that f it was merely a case of shortage and that for the alleged shortage no criminal case lies and only civil remedy is available to the informant party. The learned Sessions Judge deemed to be Additional Sessi..Category: Criminal Law, Procedural Law | Date: 30 Jan, 1986 | Hits: 1
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. ......p; AIR 155 Rajasthan 203; Ram Singh Vs. Crown, AIR 1950 East Punjab (F.B) 25; State Vs. Mohammed Jamil, 20 DLR (SC) 315. Lawyers Involved Khondker Mahbub Hossain with M. Fazlul Karim—For the Petitioners. A.F.M. Hasan Arif, Deputy Attorney-General—For the State. S. C.......03 wherein Wanehoo C.J. observed, ''It (Clause 'e' of section 6 of the General Clauses Act) lays down that the repeal shall not affect any investigation, legal proceeding or remedy in respect of any such right, privilege, etc. This Clause has, in our opinion, noth..Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....bove as to discretion of the Court in imposing sentence, Lord Williams, J was obviously referring to those sections of the Penal Code where punishment of imprisonment and fine is provided in the alternative or by way of both, for example as under sections 147/148, etc.. His Lordship obvious......The Rule is made absolute. Cases Referred to- 4 DLR 360; 35 CWN 519; AIR 1973 (Supreme Court) 1457; AIR 1929 (Allahabad) 260; 1946 MLJ 8. Lawyers Involved Abu Sayeed Ahmed— For the Petitioner. Md. Fazlul Karim, with M. A. Tariq— For the Opposite-Party No.1. ......e informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 8. ..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 3
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