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Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
.... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ......tion by filing a written objection contending, inter alia, that no arbitration proceeding being pending, the application under section 41(b) of the Arbitration Act is not maintainable and there is no dispute for arbitration. The court after hearing the parties ultimately passed the impugned order on..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)
....eral meeting as its annual general meeting. But no Annual General Meeting of the said Company and those of Board of Directors were held which is apparent from evidence. It is further apparent that no resolution of the meeting of the Board of Director regarding alleged transfer of the shares have bee...... instrument of transfer of share. It is a photo copy of the alleged original instrument of transfer of share dated 20.8.89. Here the signature of the transferor as ‘I’ Siddiqui' being disputed by the petitioner has been marked as Ext. B. Annexure. C to the affidavit‑in‑opposition..Category: Company Law | Date: 19 Dec, 1990 | Hits: 195
The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)
....r life. They are directed to surrender to their bail bonds at once failing which the Deputy Commissioner will get them arrested. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 83. ......hen attacked by the armed miscreants. 5. As appears clearly, the time, place and manner of occurrence is found to have been satisfactorily proved by P.Ws.2 to 4 and others, and there is also no dispute about it. P.W.12, Inspector of Police, deposed that he recovered the dead body of the Chairm..Category: Criminal Law | Date: 14 Nov, 1990 | Hits: 88
Narayan Chandra Sil Vs. Manhar Mandal, 1991, 20 CLC (AD)
....tly, the judgment of the High Court Division is liable to be set aside. In the result, the appeal is allowed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 152. ......uit No.144 of 1959 and thereafter they filed Title execution Case No.3 of 1962 for realisation of costs of the decree. After suppressing all processes in the Title Execution case they got the land in dispute auction purchased at a very shockingly low price without the knowledge of the appellant, tha..Category: Property Law | Date: 11 Nov, 1990 | Hits: 50
Kazi Mobarak Ali Vs. Mohammad Yeasin Mazumder and others, 1990, 19 CLC (AD)
.... on a different ground, as stated above. In the result, the appeal is dismissed without, however, any cost. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 60. ......nferred exclusive jurisdiction on the Village Court in all cases relating to offences specified in Part I, and in all civil matters, specified in Part II of the Schedule of the Ordinance. There is no dispute that the offence alleged against the respondents fell within the exclusive jurisdiction of t..Category: Others | Date: 29 Aug, 1990 | Hits: 115
Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)
....learned Company Judge. In the result, therefore, the appeal is allowed without any order as to cost. The impugned judgment is set aside and the order of the learned Company Judge restored. Ed. ......I from 4.3.80 like other borrowers of the appellant; that the application for winding up is malafide as there is a counter claim for damage of Tk. 30 lacs for non-delivery of goods; that the claim is disputed and the appellant must prove its claim first by filing a money suit; that the statement of ..Category: Business or Commercial Law | Date: 29 Aug, 1990 | Hits: 122
Wajear Rahman Moral (Md) Vs. The State, 1990, 19 CLC (AD)
....eal is dismissed with the modification of sentence, that is, the sentence of death is altered to that of imprisonment for life. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 25. ......nknown man came to their house and talked with their husband and they came to know from the village people that his name was Waziar. The wives suspected Waziar for the death of Swarup Moral who had a dispute with his step brother-in-law Yasin over the land belonging to his mother-in-law, the mother ..Category: Criminal Law | Date: 20 Aug, 1990 | Hits: 84
Mahbubul Alam Chowdhury and others Vs. Chaman Ara Begum and others, 1991, 20 CLC (AD)
.... all the above reasons we do not find any merit in the appeal which is dismissed without however any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121 ......ntiff". The duplicate copy is Ext.8 in the suit. Further statements in paragraph 9Ka were, "After the termination of 1he work of the Railway contract in the year 1949 and at the time of the dispute in September 1951, the aforesaid firm-AK Chowdhury and JK Chowdhury, was dissolved mutually ..Category: Civil Law | Date: 14 Aug, 1990 | Hits: 121
....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.
......ani, Md. A Majid and Md. A Hamid who got title over [he said property by virtue of a deed of Heba Bil Ewaj executed and registered by their father on 20Lh Ashar, 1341 BS (July, 1935). The property in dispute comprises holding Nos. 5 and 6, Machua Bazer, Mymensingh as described in the schedule of the..
Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
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. ......was granted rent receipts, Ext. 6 (b)-6 (h). Brojendra paid municipal taxes too vide receipts Exts.2-2 (i). After the death of Brojendra his two sons Biswanath Goswami and Benoy Goswami inherited the disputed land. The plaintiff and her husband were disciples of Biswanath and Benoy who gifted the su..Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115
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. ......y no such power is reflected in this order either in section 522 or in any other section of Cr. PC. the learned Additional Sessions Judge has not passed any order for re-delivery of possession of the disputed land to the informant petitioner. He has acquitted accused Idris Ali Dewan of the charge un..Category: Criminal Law | Date: 27 Jun, 1990 | Hits: 110
Abdur Rouf Miah Vs. Fazlur Rahman and others, 1990, 19 CLC (AD)
....n a fair and honest manner. But he is also subject to the Election Rules. Subject to this observation the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 23. ......d 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 tampering of ballot papers was found he could not direct re‑poll, because R..Category: Election Law | Date: 27 Jun, 1990 | Hits: 139
Dr. Naimur Rahman and another Vs. Shahbazpur Tea Co. Ltd and another, 1991, 20 CLC (AD)
....erve any useful purpose. 12. In the result, these appeals are dismissed with the observation made above. In the facts and circumstances of the case there will be no order as to costs. Ed. ......een held by Shahabuddin Ahmed J. as His Lordship then was, as follows: "For, even after admission of application, if the Court finds from matter submitted before it that there is a bonafide dispute regarding the debt or intention of the petitioner seeking winding up is mala fide, such ..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. ...... two brothers are in fact the owners. In such a case non production of scripts will not debar the transferee from getting his name registered in the company as its share holder. When there is no dispute as to a person being, or having ceased to be a member, the summary jurisdiction under this s..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
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. ......l of the applications which were also heard analogously, both parties led evidence in support of their respective claims and contentions. Original position of respective shares of the parties was not disputed, but it is the subsequent transfer of 4450 shares of the respondent in favour of the Managi..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
....poll.
In the result, the Rule is discharged and the order of stay granted on 6.5.90 is vacated. There will be no order for costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 29.
......ting without any enquiry without giving Respondent No.10 an opportunity to be heard violating the principles of natural justice.
Neither the Election Commission nor the High Court can decide the disputed question of fact and election Tribunal is the only forum to ventilate any such grievance. ...
Category: Election Law | Date: 24 May, 1990 | Hits: 101
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. ......he matter of criminal liability open for decision by the appropriate Court. In this situation the Court can not accept the contention that the Settlement Court had given a final decision over all the dispute between the parties and that the criminal Court would have no jurisdiction to go into the di..Category: Criminal Law | Date: 13 May, 1990 | Hits: 73
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. ......ompletion of the work the respondent No. 1 Chittagong Port Authority failed to pay security deposit and bill for work of the contractor total amounting to Taka 14,54,594.88 paisa as a result of which dispute arose between the parties and it was referred to Arbitration as per clause 2.103 of the Cont..Category: Alternative Dispute Resolution | Date: 28 Mar, 1990 | Hits: 176
Abdur Rabban (Md) Vs. Aminul Hoque Sowdagar and another, 1990, 19 CLC (AD)
.... 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. ...... of 1908) Order VI rule 17 The Limitation Act, 1908 (IX of 1908), Article 137 of the First Schedule Whether Plaintiff can be allowed to amend the plaint to save limitation There is no dispute that article 137 of the First Schedule of the Limitation Act applies in this case for recove..Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123
Abdul Momen Bhuiyan Vs. Haji Payez Ali Mia and others, 1990, 19 CLC (HCD)
....owable time. In a proceeding under Article 102 of the Constitution the High Court Division should not, as a matter 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 r......posit the rest of the amount within two months there from. The impugned provision of law contemplates a loan and the default in repaying the loan and the allowable time for such petitioner. 7. Undisputed position comes to that the petitioner took loan from the specified Bank, namely Sonali Bank..Category: Election Law | Date: 5 Mar, 1990 | Hits: 136
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