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Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
....h as a Company cannot hypothecate/mortgage/use as security its own shares. 5. The learned Judge of the High Court Division upon a consideration of the various points of law as raised by the parties decided in favour of the respondent Bank and accordingly allowed its application by the imp......s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ......a clear bar to the deposit of the share certificates made by the judgment‑debtor No. 2. The learned Judge upon quoting section 24 observed that this section is applicable if the company gives loan to a shareholder or a director on the security of the share certificates already held by such..Category: Business or Commercial Law | Date: | Hits: 124
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....s and is still pending for final disposal before the executing Court.’’ ‘‘The mesne profits suit was also delayed till 1984, when the same was decreed ex parte, but subsequently on the prayer of the defendants the suit was restored to its original file......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ..Category: Criminal Law | Date: | Hits: 141
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
....td. ........................Appellant. Vs. Registrar, University of Chittagong ..................Respondent Judgment August 9, 1992. Result: The appeal is allowed in part. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Mahmudul Islam and Zakir......n the award could be remitted under section 16 of the Arbitration Act to the learned Subordinate Judge and as to whether the High Court Division failed to notice that the contract itself provided for payment of interest denied to the appellant by the High Court Division. 3. The respondent‑U...... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ..Category: Alternative Dispute Resolution | Date: | Hits: 202
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....e-on-Record - For the Appellant in both the cases. A J Mohammad Ali, Advocate instructed by Md. SaJadul Huq, Advocate-on-Record - For respondent Nos. 1‑3 in CA No. 7 of 1992. Ex parte ‑ Respondent Nos. 1-4 in CA No. 56/90. Ex parte ‑ Respondent No. 4 in CA N......ulshan Residential Area, Dhaka at a consideration of Tk. 2,05,000.00 if paid in lump or Tk. 2,35,000.00 if paid in 4 successive annual instalments was issued to him by the former DIT on 14.9.79. On payment of one instalment on 8.10.79 respondent No. 4 was given possession of 9 kathas 13 chataks ......bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ..Category: Property Law | Date: | Hits: 110
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....wo were sentenced to imprisonment for life. The Reference (No. 1 of 1986) was rejected by the High Court Division at Rangpur Session, but the appeal (Criminal Appeal No. 46 of 1986) was allowed in part; condemned accused Mantu was acquitted altogether; conviction of Kabul was altered to that und......ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ......ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ..Category: Criminal Law | Date: | Hits: 93
Bangladesh Freedom Fighters Welfare Trust and another Vs. Md. Momtazul Hossain, 1992, 21 CLC (AD)
.... decided the matter will have no effect so far as the instant matter is concerned. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 44 DLR (AD) 273, 1992 BLD (AD) 199. ...... "7. (1) The service of a probationer or an employee, whether temporary or confirmed, shall be liable to termination without assigning any reason after giving him two months' notice in writing or on payment of two months' substantive pay in lieu of such notice and the probationer or the employee sh...... decided the matter will have no effect so far as the instant matter is concerned. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 44 DLR (AD) 273, 1992 BLD (AD) 199. ..Category: Employment/Service Law | Date: | Hits: 93
Abdur Rashid Vs. Momtaz Ali Karikar and others, 1992, 21 CLC (AD)
....t Swapan Kumar was not the benamder of the pre‑emptee in respect of the earlier kabala and held that the deed of release was out and out a sale deed and as such there was no impediment on the part of the pre‑emptor in getting pre‑emption. The High Court Division found ex facie f...... Single Judge of the High Court Division is liable to be set aside and the pre‑emptor is entitled to pre‑emption. In the result the appeal is allowed without cost, Ed. ...... Single Judge of the High Court Division is liable to be set aside and the pre‑emptor is entitled to pre‑emption. In the result the appeal is allowed without cost, Ed. ..Category: Property Law | Date: | Hits: 106
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
....aring for the appellant, has tried to show us that Government Servants (Discipline and Appeal) Rules, 1985, briefly "Govt. Rules", are applicable to the appellant's case but those Rules, particularly Rule 7(9) were not followed. Mr. Khalilur Rahman, learned Counsel for the respondents&......ss through the Kamarkhali Ferryghat paying necessary toll‑charges which are recorded in a register at the Ferryghat. These drivers at the time of interception could not produce any toll‑payment receipt of Ferryghat. That is why the trucks were seized by the Anti‑Corruption. Hear......the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 67
Sonali Bank and others Vs. Gazi Abdur Rashid and others, 1992, 21 CLC (AD)
....bordinate Judge, Dhaka, the plaintiff Gazi Abdur Rashid claimed Tk. 35,31,911.00 with interest from 1.10.77 @ 15% against the defendants, but the trial Court, by judgment and decree dated 19.9.84, partially decreed the suit for TK 15,39,300.00 against defendant Nos. 1-3, the present appellants i......me. On clearance that goods be stored at Khulna in a godown at Khulna to be provided by us under your Bank Lock and Key. We shall take delivery of goods on payments properly. We do hereby authorise the undersigned Mr. Saleh Ahmed of 74,......not allowed but we allow interest on the decretal sum of Tk. 15,39,300.00 @ 7.1/2% per annum from the date of the institution of the suit upto the date of decree of this Court. Ed. ..Category: Business or Commercial Law | Date: | Hits: 99
Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)
........Plaintiff-Appellants Vs. Abdul Bari & others ..................Defendant-Respondents Judgment April 12, 1992. Result: The appeal is allowed. A court may, however, add a party even at the revision stage in a proper case and the minimum that is required to be found in su......bdul Malik in the revision case. It was, inter alia, stated that the respondent and his brother have been possessing part of the suit land for a long time on the basis of lease from the Government on payment of annual lease money, that inspite of concurrent decision against the plaintiff the new tra......hus cannot be sustained. The order is, accordingly, set aside. The appeal is allowed without any order as to Cost. Ed. This Case is also Reported in: (1992) 12 BLD (AD) 174; 44 DLR (AD) 253. ..Category: Property Law | Date: | Hits: 67
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
....id dues the appellants cannot obtain a decree for specific performance of contract. By filing an additional written statement defendant No. 2 stated that the suit property having been sold to a third party in the said certificate case and the appellants having paid no heed to the earlier written sta...... 4. Defendant No. 2 the Bank, in its written statement contended that the Bank had filed Certificate Case No. 354 (CB) of 1957-58 for realisation of money due from deceased defendant No.1 and without payment of the said dues the appellants cannot obtain a decree for specific performance of contract.......is outside of the net. For the above reasons we find no ment in the appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ..Category: Property Law | Date: | Hits: 82
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....t on the ground that the Court had no jurisdiction since the defendant does not reside or carry on business within the jurisdiction of this Court and it is ex facie evident from the plaint that no part of the cause of action arose within the jurisdiction of this Court. 4. In his written o......ourt Division ought to have directed the trial Court to reject the plaint when the C & F contract was made in London, it was performed there by delivery of goods on production of documents, and payment under the contract was also made there, and no part of the cause of action arose within the......thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 124
....omments as to the failure of the appellant to release the detenu fully and in time could have been made with a little more understanding and with less punch. There has no doubt been some lapse on the part of the appellant in that the detenu was never allowed to cross the jail gate and the fresh dete......tice will be sufficiently met if the unconditional apology of the appellant is accepted and the sentence remitted. It is ordered accordingly.
The appeal is disposed of in the aforesaid terms.
Ed.......tice will be sufficiently met if the unconditional apology of the appellant is accepted and the sentence remitted. It is ordered accordingly.
The appeal is disposed of in the aforesaid terms.
Ed...
Category: Criminal Law | Date: | Hits: 88
Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)
....suddin. The defence case is that the land was in possession of the petitioners who claimed their title from the original C.S. recorded owners, Zuna Ram and Zeen Ram and that it was the informant's party, who had come to take forcible possession of the land and that in a free‑fight that fol...... with the finding of fact. The petition is dismissed. The order of conviction and sentence is maintained with the modification that it is under section 148 of the Penal Code. Ed. ...... with the finding of fact. The petition is dismissed. The order of conviction and sentence is maintained with the modification that it is under section 148 of the Penal Code. Ed. ..Category: Criminal Law | Date: | Hits: 59
Narayan Chandra Rajak Das Vs. Md. Amjad Ali Miah and others, 1992, 21 CLC (AD)
....s of land of plot No. 3058 appertaining to RS khatian No. 4972 corresponding to SA khatian No. 2994 of JL No. 50 belonging to mouza Bawa Alokanda (of which the suit premises in the other suit is a part) belonged to Rajendra Lal Karmaker who died leaving 3 sons, namely, Dilip Kumar, Hirendra Nath......ning 15 bunds of tin, situated within Barisal Pourashava the appellant was a tenant at the rate of Tk. 40'00 per Bangla month. He paid rent irregularly upto Chaitra 1382 BS and has defaulted in the payment of rent since Baisakh 1383 BS in course of which Tk. 960'00 has fallen due to him upto Cha......appellate Court's judgment was not a proper judgment of reversal. For all the above reasons, we do not find any merit in this appeal. Hence the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 67
Abul Khair Vs. The State, 1992, 21 CLC (AD)
....motor cycle along with two other persons. PW 10 Abul Motaleb Patwari has described how co‑accused Mosharraf was apprehended near Faridgonj on the same day. Mr. Ahmed Ali could not assail this part of the prosecution evidence in any manner. 13. Mr. Ahmed Ali submits that the time of ......elay will merit such commutation. We find no compelling extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ......elay will merit such commutation. We find no compelling extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 61
Chairman, Kushtia Cooperative Industrial Union Ltd Vs. Mujibur Rahman & others, 1992, 21 CLC (AD)
..... Judgment: MH Rahman J: At the instance of the petitioner a rule was issued on 15th February, 1990 upon the opposite parties to show‑cause 'within one month from the date of the service why they will not be com...... the superior Court. Normally, therefore, an advocate's information will be honoured by the Court, unless a strong case for refusal is made out by the Court in its order of refusal. Ed. ...... the superior Court. Normally, therefore, an advocate's information will be honoured by the Court, unless a strong case for refusal is made out by the Court in its order of refusal. Ed. ..Category: Property Law | Date: | Hits: 98
State Vs. Divisional Special Judge, Khulna Division and anr, 1992, 21 CLC (AD)
....udgement May 3rd, 1992. Lawyers Involved: A. Wadud Bhuiyan, Additional Attorney-General, instructed by B Hossain, Advocate‑on- Record-For the Appellant Ex - parte - For the Respondents. Criminal Appeal No. 11 of 1988. (From the judgment and o...... aside and it is held that the Senior Special Judges got power to transfer the cases which they had earlier transferred to the Divisional Special Judge. The appeal is allowed. Ed. ...... aside and it is held that the Senior Special Judges got power to transfer the cases which they had earlier transferred to the Divisional Special Judge. The appeal is allowed. Ed. ..Category: Criminal Law | Date: | Hits: 118
BD Chemical Industries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....rted following disinvestment of the said M/s Sattar Match Works in 1978 prior to which the owner of the two Match Factories was the same. In course of discussion in this Judgment, reference to the parties will be made as they are in CA No. 100/90. In order to appreciate the dispute between the p......a period of six months from the date of filing of the application. Civil Appeal No. 36 of 1991 is dismissed. There will be no order as to cost in either of the appeals. Ed. ......a period of six months from the date of filing of the application. Civil Appeal No. 36 of 1991 is dismissed. There will be no order as to cost in either of the appeals. Ed. ..Category: Intellectual Property Law | Date: | Hits: 227
Fazlur Rahman Molla Vs. Bangladesh, 1992, 21 CLC (AD)
.... Court, instructed by Ataul Huq, Advocate‑on‑ Record ‑For the Appellant. B Hossain, Advocate‑on ‑Record, Supreme Court‑For the Respondent No. 1. Ex parte‑Respondent No. 2. Criminal Appeal No. 16 of‑1989. (From the judgm......ult, we accept the appellant's contention and hold that his conviction is without any evidence. The appeal is allowed and the impugned order of the High Court Division is set aside. Ed. ......ult, we accept the appellant's contention and hold that his conviction is without any evidence. The appeal is allowed and the impugned order of the High Court Division is set aside. Ed. ..Category: Criminal Law | Date: | Hits: 79
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