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Abdur Rahman Mondal and others Vs. State, 1990, 19 CLC (AD)
....rough the judgment of the Appellate Court. The learned Additional Sessions Judge found that PW 1, the informant, was not an eye-witness to the occurrence. PW 2 is a labourer. PW 3 is an unemployed person. PW 4 has filed a Criminal Case against appellant No. 2. PW 5 recorded the FIR and PW 6 is the 1......ellate Court for re‑hearing and disposal on the basis of the existing evidence on record in accordance with law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17. ......e same for 17 years on erecting a tin hut thereon. On 9.5.88 at 7-30 PM the accused-appellants and others committed illegal trespass into his land and dismantled and took away the fin shed, causing a loss of about TK. 10,000.00 the informant lodged a FIR to that effect on 9.5.88 at Sabujbag PS leadi..Category: Criminal Law | Date: 23 Jul, 1990 | Hits: 52
Attor Mia and another Vs. Mst. Mahmuda Khaton Chowdhury and others, 1990, 19 CLC (AD)
....t Appellate Court. The High Court Division ought to have considered whether issues of fact contained therein were specifically raised in the Trial Court and in the first Appellate Court - If not so raised, the revisional Court was not obliged to entertain issues of fact for the first time in re......f it found that there was gross misreading of important evidence on record, but not on the ground that there was mis-appreciation of the evidence. Consequently the order of remand on this point was uncalled for. The High Court Division did not give any direction to take additional evidence. That mak......s own. Hence the appeal is allowed and remanded to the High Court Division for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ..Category: Property Law | Date: 22 Jul, 1990 | Hits: 43
Idris Ali Bhuiyan Vs. Enamul Haque and another, 1990, 19 CLC (AD)
.... respondents as the defendants, inter alia, (a) For a decree declaring that the Schedule sale deed No. 14705 dated 8.8.1972 is adjudged as void, delivered up and cancelled and declaring that the so‑called sale deed transferring to the defendant No. 1 2 annas 6 gondas 2 Karas and 2 karanti sha......ondents as the defendants, inter alia, (a) For a decree declaring that the Schedule sale deed No. 14705 dated 8.8.1972 is adjudged as void, delivered up and cancelled and declaring that the so‑called sale deed transferring to the defendant No. 1 2 annas 6 gondas 2 Karas and 2 karanti share of......d that can at times also be exercised to do full and effective justice in a case. Hence, the review petitions are dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 12. ..Category: Property Law | Date: 17 Jul, 1990 | Hits: 30
....ner
Vs.
Executive Vice Chairman, Bangladesh Agricultural Research Council and another..........Opposite Parties.
Judgment
June 20, 1990.
Result:
The Rule is made absolute
Prior notice with date of hearing for enquiry should be served to the petitioner.
I......earch Council either for appointing or promoting him to that post and he was assured by the said Agricultural Research Council Authorities that his case would be favourably considered and he would be called for an interview. Ultimately he was not called for the interview but somebody else was called......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.
..
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)
....o.2 was running the affairs of the companies by‑passing the Board of Directors in the name of an illegally constituted Executive Committee, that the companies' funds had been diverted to the personal gain of respondent No. 2 and that thereby the companies defaulted in paying the loans incurred......s expressly taken in these petitions. Even new facts cannot be incorporated by amendment in the existing applications for winding up and on that score as well the revival of these applications is not called for. The appellants can file fresh applications for winding up new or continuing causes of ac......nauthorised and illegal acts and omissions reduced the companies to a proprietary concern, that no annual general meeting of the Companies was held since 1976, that no balance-sheet and/or profit and loss account have at all been prepared and audited, that no Statement of Accounts was furnished to t..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)
....n 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 section to compel th......mind. 24. In order to ascertain whether any member is willing to purchase a share at the fair value, the person whether a member of the company or not proposing to transfer the same (hereinafter called the retiring member) shall give a notice in writing (hereinafter described a sale notice) to ......#39;s name on the ground of non‑production of the share certificates particularly when the company was unable to waive their production. Before the company there was no satisfactory evidence of the loss or destruction of the share certificates so that it could waive their production. Article 43 of..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
Atiqur Rahman Vs. AKM Fazlul Hoque, 1990, 19 CLC (HCD)
....) 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 prima facie case; (2) the cases where there i......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. .......10.80 and it arrived in Bangladesh on 4.10.80, there was a secret information to the Customs Authority that malpractices were going on in the matter of imported goods to evade customs duty and cause loss of revenue to the Government and on the basis of this information wrist watches were detected f..Category: Fiscal/Taxation Law | Date: 11 Jun, 1990 | Hits: 80
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....ications under the Civil Procedure Code and that the application for rectification of a share‑register under s. 38 is left to be governed by the general principle that it shall be filed within a reasonable time and not after inordinate delay. What is a reasonable time or an inordinate delay is lef......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. ......d by miscreants, in the course of which, all valuable documents including the Instrument of Transfer and Receipt for payment of the consideration money, were lost. The respondent, taking advantage of loss of the documents relating to the transfer of his shares, filed the applications falsely claimin..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
....he Election Commission to order repoll in those centres after canceling the Gazette Notification in question.........(5)
It is mandatory for the Election Commission to publish the name of the person declared elected as Chairman by the Returning Officer in the Official Gazette and has no arbitra......ected publication of the result of the said election already sent by the Returning Officer to the Election Commission on 27.3‑90 in the Official Gazette curiously favouring the petitioner with an uncalled for, perverse and biased observation that the Chief Election Commissioner would have consider......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.
..
Category: Election Law | Date: 24 May, 1990 | Hits: 101
Sonali Bank Vs. Nurul Kader and another, 1990, 19 CLC (HCD)
....er and another……………………………….Opposite Parties Judgment April 5, 1990. Result: This Rule is made absolute. Order 9 CPC indicates that none of the rules empowers a court to dismiss a suit on a da......that the record of Money Suit No. 23/79 which was dismissed for default on 30.6.82 has been destroyed under rule 478 of CRO Vol I……….” Although the records of the suit called for by [his court have arrived in spite of the order dated 20.3.86 as quoted above, the learn......aw. Send a copy of the judgment to the learned District Judge for sending his report to this court as directed. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 21. ..Category: Civil Law | Date: 5 Apr, 1990 | Hits: 1
M/s. Rising Sun Traders Ltd. Vs. Chittagong Port Authority and another, 1990, 19 CLC (HCD)
...............................Respondents Judgment March 28, 1990. Result: The appeal is allowed. The Arbitrator should give notice to other parties about ex-parte hearing and also about the passing of ex-parte award…............ (10) It is well settled that Arbitra...... 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. ......s for liquidated damages (not penalty for delayed performance) to be calculated objectively on the basis of formula laid down therein. It is the genuine pre‑estimate by the parties of the loss which they contemplated would flow from delayed performance. In the instant case we find that t..Category: Alternative Dispute Resolution | Date: 28 Mar, 1990 | Hits: 176
Anisuzzaman Vs. State, 1990, 19 CLC (HCD)
....the meaning of section 16 of the Special Powers Act, 1974. It is held that theft of property belonging to the citizen does not attract the provision of section 2(1) of the Special Powers Act and a person can not be convicted under section 16 for committing theft of such property……&hell......roject authority. In the result, I allow the appeal with the aforesaid observation. The appellant is released from his bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 35. ......d he went to the Ghatail PS where he found 3 accused persons, He identified the present appellant and the motors in court. He also stated that due to theft of the motors government suffered financial loss. The Engineer of BADC identified the electric motors. He further stated that bringing of the mo..Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86
Ziaul Hoque Vs. Election CommisÂsion, 1990, 19 CLC (HCD)
....n question can not affect the petitioner who is not resident of any of the villages taken away by the Government by an impugned notification. The residents of the villages in question are the only persons who may be said to be affected by the impugned notification and as such the petitioner not bein...... 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. ......ng the election of the respondent No. 5 suppressing the fact of his filing and pendency of the case before the Election Tribunal and this case is not only vexatious but to harass his client and cause loss to him. He further submitted that since name of his client has been published in the official G..Category: Election Law | Date: 14 Jun, 1989 | Hits: 98
Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)
......................................Appellant Vs. A.K. Murshid and others...................................Respondents Judgment May 25, 1989. Result: The Rule is made absolute. Cases Referred to- Nasiruddin Vs. Govt. of Bangladesh & ors. 32 DLR (AD) 216;......rtial Law Administrator on 15.4.84 and that as Regulation No.3(6) of Martial Law Regulation No.1 of 1982 provides that no order, judgment, sentence or proceedings of a Martial Law Court shall be called in question in any manner whatsoever, by or before any Court including the Supreme Court, the......inate Judge, Narayanganj is directed to dispose of T.S. No.56 of 1984 in accordance with law as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 357. ..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
Ananda and others Vs. State, 1989, 18 CLC (HCD)
....chamat and at that time accused Swapan and Montu accompanied her and thereafter Afroza did not come back. In the complaint he expressed his belief that in collusion with Montu he had abducted her for some illegal purÂpose. He with the help of neighbours made rigorous search but getting no trace he ......hough she could see everything. Swapan without taking her to her sister's working place took her to a village named Sreerampur against her will. From that village accused Swapan took her to a village called Bahirchar and kept her there in Ratan's house and from there Swapan took her to village Massa......not wanted in connection with any other case. The suo motu Rule for enhancement is disÂcharged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533...Category: Women and Children | Date: 24 May, 1989 | Hits: 143
Mrs. Sajeda Parvin Banu Vs. Government of BanglaÂdesh and others, 1988, 17 CLC (AD)
....Mir Abdul Baqui Bliuch Vs. Government of Pakistan 20 DLR SC 249 (257); Godavari S. Vs. State of Maharashtra AIR 1966 (SC) 1404; Ram Bali Rajbhar Vs. The State of West Bengal AIR 1975 (SC) 623; Masood Alam Vs. Union of India AIR 1973 (SC) 897; Saraswathi Seshagiri Vs. State of Kerala (1982) 2 SC......he submission that the rule could not be discharged without deciding the case of detention on merit, even after revocation of the original order of detention which was substituted by the so-called fresh order resulting in the effect in continuing the detention without any break which was t......is satisfied that the accused will indulge in prejudicial activities if he is allowed to remain at large. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ..Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95
Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)
....stidhar was going to initiate legal action against Pran Krishna to recover possession, but Pran Krishna amicably settled the matter and delivered possession to him. Thus getting possession Sristidhar sold the land to Akhil and Hara Das by a Kabala dated 25 February 1924; Akhil and Haradas then sold ...... go further as to the finding against them." The next case cited by Mr. Pal is Thakur Magundeo v. Thakur Mahadeo Singh, 18 ILR Cal. 647. It was also a suit for ejectment of a tenant from a land, called by the landlord as "majhes land," ordinarily cultivated by the landlord himself or ......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. ..Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106
Sreemati Parul Kusum Roy Vs. Bangladesh & others, 1987, 16 CLC (HCD)
....€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioner Vs. Bangladesh & others…………………………………………..Respondents Judgment March 22, 1987. Result: The rule is made absolute. Cases Referred to- AIR 1947 (Lahore) 117. Lawyers Involved: S.C. Das with Subrat...... after that her offer of rents for 1390 B.S. was not accepÂted on behalf of the government. 3. Thereupon the petitioner started Misc. Case No.3 of 1984 on 05.08.84, before the Respondent No.4 who called for a report from the local Tahsilder. In the meantime V.P. Case No.20 of 1985 was started on......declared to have been passed without any lawful authority and to be no legal effect. Bimalendu Bikash Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 389. ..Category: Property Law | Date: 22 Mar, 1987 | Hits: 13
Md. Nurul Haque Vs. Sonali Bank of Bangladesh & another, 1986, 15 CLC (HCD)
....e contrary deposited the entire defalcated amount with the plaintiff bank on the same day when detected and Asstt. Cashier Gopal Chandra Sarker remained untraceable from that date 4.7.78. For this reason DefenÂdant No.1 Md. Nurul Huq was transferred to the Regional Office, Faridpur and Aminul Islam......acted illegally in allowing the MiscelÂlaneous case under Order 9, rule 9 C.P.C. withÂout any finding that the plaintiff was prevenÂted by sufficient cause for his non-appearance when the suit was called on for hearing. 6. He also submits that the order of disÂmissal was not under Order 9, ......der section 115(1) C.P.C. The application is, therefore, summarily reÂjected. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 223. ..Category: Criminal Law | Date: 19 Nov, 1986 | Hits: 24
.... Commissioner (Rev) Patuakhali & others……………………Opposite-parties
Judgment
September 16, 1986.
Result:
The Rule is made absolute.
Cases Referred to-
Bangladesh Enemy Property Management Board and others Vs. Md. A......Government. On 27th November, 1976 this Act was replaced by the Vested and Non-Resident Property (Administration) Repeal Ordinance, 1976 (Ordinance No.XCII of 1976). Under another Ordinance called the Enemy Property (Continuance of Emergency Provisions)(Repeal)(Amendment) Ordinance 19......evidence that may be adduced before him.
Bimaleodu Bikash Roy Chowdhury J. - I, however, make no order as to cost.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 172.
..
Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259
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