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Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)
....tension by Annexure 'C' dated 24.2.97 and 23.5.97 respectively to the petition are declared to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ......against the loan under Article 33(3) of the Shilpa Bank Order. The said case was transferred to Commercial Court No. 11, Dhaka and was numbered as Misc. Case No. 53 of 1985. The Bank also initiated a proceeding under Article 35(1) of the Shilpa Bank Order for filing a Certificate case and also invok..Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184
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. ......shan, Dhaka effective from 20.8.89. It is further stated that ex facie it appears that the petitioner has no cause of action and that being a stranger he is praying for recovery of money. The present proceeding under section 162 of the Companies Act is not maintainable. The allegations of inability ..Category: Company Law | Date: 19 Dec, 1990 | Hits: 195
Tayeb Ali Vs. Abdul Khaleque and others, 1990, 19 CLC (AD)
....any time the present suit is not maintainable without a prayer for partition. Hence the appeal is dismissed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 87. ...... heirs, the present defendant Nos.1-3, were made parties in Title Execution Case No.5 of 1967. The present defendant No.10, one of the two wives of Abdul Hashim, was not made a party to the execution proceedings. She instituted Misc. Case No.16 of 1968 under the then existing Section 47 of the Code ..Category: Property Law | Date: 27 Nov, 1990 | Hits: 47
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. ....... 1 being heir of judgment‑debtor contested the suit and as such it must be presumed that the son of defendant No. 1 had knowledge of the execution case when he himself was a party in the execution proceeding. The High Court Division failed to consider that the decree was put into execution for re..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. ......uired five members including two representatives of each of the two parties and the Chairman. The respondents had, however, contented that the case against them was a mere counter-blast to a criminal proceeding under section 144 Cr.P.C filed by them against the complainant (appellant) in respect of ..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. ...... as already noticed. 11. Leave was granted to consider whether the appeal against the winding up order was allowed upon a correct appreciation of the facts and principles of law relating to such proceeding. 12. Mr. M Nurullah, learned counsel for the appellant, has submitted that the learn..Category: Business or Commercial Law | Date: 29 Aug, 1990 | Hits: 122
Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
....rder XLI rule 20 the matter perhaps would not have come to such a pass and the appeal could be spared a technical knockout. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 156. ......ubmissions of the learned Amicus Curiae, it appears that they wanted to argue that rule 4 of Order 41 of the Code is an enabling provision by which one of several plaintiffs or defendants to a decree proceeding on a common ground can prefer an appeal and this rule nowhere speaks of adding the non-&s..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
Sharif (Mohd) Vs. Mohd Obaidur Rahman & others, 1990, 19 CLC (HCD)
....155 of 1989 shall be kept intact and the further evidence which will be adduced by the petitioner shall be recorded by the Magistrate. Ed. This Case is also Reported in: 43 DLR (1991) 66. ...... section 342 Cr.P.C. The case was adjourned. Thereafter on 12.5.1990 the accused respondents filed an application under section 344 of the Code of Criminal Procedure with a prayer for staying further proceeding of CR Case No.15 5 of 1989 on the ground that the counter case filed by the accused respo..Category: Criminal Law | Date: 21 Aug, 1990 | Hits: 80
Kazi Abdul Jalil Vs. Jashim Munshi and another, 1990, 19 CLC (AD)
....accused-respondents challenged the charge-sheet and filed Criminal Motion No. 71(1)/84 before the Sessions Judge, Bakerganj for making a Reference under s. 438, Cr.P.C, to the High Court Division for quashing the charge-sheet taking the ground that the "specified time" for completion of in......igh Court Division, by the impugned-order dated 1 August 1984, accepted this contention of the respondents, held that section 167(5) (7) was applicable to this case and accordingly quashed the entire proceeding against the respondents i.e. GR Case No. 46 of 1982. Leave was granted by us to consider ..Category: Criminal Law | Date: 6 Aug, 1990 | Hits: 50
Badsha Mia and others Vs. Abdul Latif Majumder and others, 1990, 19 CLC (AD)
....ond forthwith. The Deputy Commissioner, Comilla will report compliance of the order of this Court within 2(two) months from date. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 10. ......Rule for contempt of Court the learned Judges of the High Court Division correctly found the appellants are guilty of Contempt of' Court. Power of High Court Division to initiate a contempt proceeding is a special jurisdiction which is inherent in all courts of record and the High Court Di..Category: Criminal Law | Date: 30 Jul, 1990 | Hits: 59
....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.
...... Recovery Act was served upon the plaintiff bank on the order of the certificate Officer, Mymensingh long before the winding up order passed on 28.3.56 by the High Court. In the aforesaid certificate proceeding the sale was held on 10.2.65 and this defendant No. 3 auction‑purchased the land with s..
Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
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. ......rmant petitioner but no order was passed by the Appellate Court for giving re-delivery of possession of the disputed land. .......... (4) Criminal revision case will not lie particulary when the proceeding relates to the restoration of possession of land in dispute under section 522 of the Code..Category: Criminal Law | Date: 27 Jun, 1990 | Hits: 110
....reby set aside and those of the learned Munsif are restored although not on the same grounds.
There will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 44.
......mined by the Enquiry Officer and the petitioner was not afforded the opportunity of adducing any evidence in his defence. The petitioner should get an opportunity of being heard in person and enquiry proceeding should not be conducted ex parte. Principle of natural justice should prevail. ............
Category: Employment/Service Law | Date: 20 Jun, 1990 | Hits: 74
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. ......19, 1990. Result: The appeals are dismissed. The Companies Act, 1913; Section 162 Whether the learned Company judge fell into serious error of law in staying sine die all further proceedings of winding up petitions without taking oral evidence and going into the merit of the cas..Category: Business or Commercial Law | Date: 19 Jun, 1990 | Hits: 124
Atiqur Rahman Vs. AKM Fazlul Hoque, 1990, 19 CLC (HCD)
....ni. In the result, the Rule is discharged and stay granted by this Court earlier is vacated. Sent down the records at once. Ed. This Case is also Reported in: 43 DLR (1991) 49. ...... can be based on suspicion. 28 DLR (AD) 38 and 27 DLR (AD) 29 cited. In the first case under reference three categories of case have been mentioned where the court can quash a pending legal proceeding (1) Where the facts alleged are so preposterous that they cannot from the basis of any pr..Category: Fiscal/Taxation Law | Date: 11 Jun, 1990 | Hits: 80
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. ......en 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 in a summary proceeding In the light of the discussion of the cases referred to above and on consideration o..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.
...... the initial order of the Chief Election Commissioner for recounting is found to be void and Without jurisdiction the petitioner cannot take advantage of his own fault in setting in motion an illegal proceeding before the Election Commission and make a grievance that he has been rendered helpless an..
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. ...... on behalf of the accused petitioner namely, that the present dispute is wholly a civil dispute. Since the complaint petition bears allegations of offence of cheating and forgery so the criminal proceeding cannot be said to be without any basis nor the said proceeding can be held to be liable t..Category: Criminal Law | Date: 13 May, 1990 | Hits: 73
Ayesha Khatun (Musammat) Vs. Musammat Jahanara Begum & others, 1990, 19 CLC (AD)
.... per provision of section 96 of the State Acquisition and Tenancy Act. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 9. ...... i.e. the registration of the sale, as in the appellant's case, it is not to be dismissed on the ground of prematurely if the deed of transfer is registered during the pendency of the pre-emption proceeding. See Lebu Miah Vs. Ganesh Chandra, 34 DLR (AD) 220 and Aftab Mia Vs. Wahab Ali, BCR 1982 ..Category: Property Law | Date: 11 Apr, 1990 | Hits: 47
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. ......ear and is deliberately keeping away............ (18) There is no legal requirement that the arbitration should be completed within a stipulated period of time. The conclusion of the arbitration proceedings depends upon the facts and circumstances of each case…………&he..Category: Alternative Dispute Resolution | Date: 28 Mar, 1990 | Hits: 176
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