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Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
....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. ......sion that section 24 does not prohibit a shareholder or a director to deposit his share certificates with an authority to sell them in order to adjust his loan liability with the Bank has not been questioned before us. That finding, therefore, stands. 10. As regards sections 54A and 109 o......es with the Bank with an authority to sell them for the purpose of liquidating part of his liability with the Bank. We do not see how sub‑section (2) as quoted above is at all relevant in the facts of the pre‑sent case. 13. Similarly we are completely at a loss to find any nex..Category: Business or Commercial Law | Date: | Hits: 124
Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)
....as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ......them in respect of a total area of 11.72 acres of lands worth Taka 5,00,000.00 of Mouza Bora Chatfatia, PS Tongibari, vide registration Nos. 17, 18, 19, 20 and 22 of 1979. The sale certificates in question were purported to have been issued in Money Execution Case Nos. 83 of 1963, 82 of 1963, 81......as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ..Category: Criminal Law | Date: | Hits: 61
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....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. ......he suit for mesne profits. The plaintiffs had no alternative but to prefer the appeal, said the plaintiffs, advocates. Whether it is open to the defendants or for the court to open the question of title and possession again and whether the same can be re‑adjudicated in a suit f......itten by the sub‑editor/news editor. No rule was issued against the editor, printer and publisher of the newspaper. 4. The appellant asserted that the report was based on correct facts and it contained only certain statements of facts as to institution and disposal of two Civil..Category: Criminal Law | Date: | Hits: 141
Controller of ExaminaÂtions, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)
....minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ......ted 6.11.91 passed by the High Court Division in Writ Petition Nos 868 and 1560 of 1991 respectively). Judgment Shahabuddin Ahmed CJ.- In both these appeals by special leaves, the only question for consideration is whether the High Court Division is well founded in law in rejecting th......as they were not given any opportunity to be heard and to defend themselves. Rules having been issued thereupon the appellants entered appearance and resisted the Rules both on the grounds of law and facts, in particular stressing the ground that the writ petitions were not maintainable. The ..Category: Constitutional Law | Date: | Hits: 169
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
.... 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. ......‘appellant and the respondent-University dated 26.1.87. 8. The contractor-appellant commenced work and submitted his first running bill on 24.3.87 on which against item No. 1, the earthwork in question, the following comments were made by the University authority: "Work done approxi......raÂneous documents could be considered as a part of the formal contract as it unmistakably reveals the true intention of the parties in view of the peculiar circumstances of the case. 38. The facts of the case have been so elaborately described by my learned brother in his judgment that it i..Category: Alternative Dispute Resolution | Date: | Hits: 202
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....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. ......espondent No. 4 was asked to complete three formalities, namely, (i) the proposed transferee will have to sign an enclosed agreement on Tk. 3.00 stamp paper; (ii) a deed of transfer of the plot in question with building already constructed thereon will be executed and registered in favour of the...... the ground that mutation was stayed on receipt of a complaint on 5.10.86. After having served a notice of demand of justice the appellant obtained a Rule Nisi in the writ petition on the aforesaid facts and submissions against the said Resolution of the Board dated 20.11.88 and praying for a di..Category: Property Law | Date: | Hits: 110
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....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. ...... of the actual words used for the order to kill, as given by the eye‑witnesses, can stand in the way of ascertaining if there was any common intention of the accused to do the criminal act in question. Similarly, we find it difficult to appreciate the learned Judges' view that different in......e view taken by the High Court Division that sec. 34 of the Penal Code, which provides for vicarious liability, is not applicable to this case. He has strenuously argued that in view of the proved facts and circumstances S. 34 is clearly applicable and that the contrary view taken by the learned..Category: Criminal Law | Date: | Hits: 93
Sheikh Ibrahim & others Vs. Nazma Begum, 1992, 21 CLC (AD)
....the High Court Division on such an important matter relating to Mohammadan Law. We do not find any reason for expressing any doubt about the matter. The petition is dismissed. Ed. ......91 passed by the High Court Division, Dhaka, in Civil Revision No. 669 of 1986). Judgment: Shahabuddin Ahmed CJ.- The question raised in this leave petition relates to interpretation of section 4 of the Muslim Family ......the High Court Division on such an important matter relating to Mohammadan Law. We do not find any reason for expressing any doubt about the matter. The petition is dismissed. Ed. ..Category: Others | Date: | Hits: 93
Abdur Rashid Vs. Momtaz Ali Karikar and others, 1992, 21 CLC (AD)
.... 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. ......he same. Thereafter respondent No. 2 transferred the case land to the pre‑emptee, Momtaz Ali Karikar by deed of release dated 13.3.74. According to the pre‑emptor, although the deed in question has been described as Muktipatra (deed of release) but it was in fact a deed of transfer a......e document in question being a document of release cannot be construed as a deed of transfer and disallowed the application for pre‑emption. The lower appellate court on consideration of the facts and circumstances and the evidence on record held that Swapan Kumar was not the benamder of t..Category: Property Law | Date: | Hits: 106
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
....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. ......, in Writ Petition No. 1038 of 1990). Judgment: Shahabuddin Ahmed CJ.- This appeal by special leave calls in question an order of the High Court Division dated 27 May, 1990 summarily dismissing the appellants......f these materials it is to be seen whether there is any substance in the ground that the enquiry was not proper or that the appellant was not given sufficient opportunity to defend himself. As the facts show, examination of witnesses to prove the appellant's responsibility in the matter was not ..Category: Employment/Service Law | Date: | Hits: 67
Rafiqul Islam Vs. State, 1992, 21 CLC (AD)
....ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ......s is not to say that five persons must always be convicted before section 149 can be applied. There are cases and cases. It is possible in some cases for Judges to conclude that though five were unquestionably there the identity of one or more is in doubt. In that case, a conviction of the rest ......tion of the common object of the entire unlawful assembly, there can be no serious difficulty in applying section 149 to such a case. Whether such a finding can be given or not must depend on the facts of each case and on the evidence led. Any mere error, omission or irregularity in the char..Category: Criminal Law | Date: | Hits: 65
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....matter the decree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ...... a decree declaring his "termination" void. The decree has been upheld by the appellate Court and finally, in revision, by the High Court Division. Leave has been granted to consider the question whether the whole proceedings including the decree of the Civil Court suffers from Coram ......matter the decree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ..Category: Administrative Law | Date: | Hits: 130
Sonali Bank and others Vs. Gazi Abdur Rashid and others, 1992, 21 CLC (AD)
....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. ...... (a) to take delivery of the goods; (b) to make prior payment on prorate basis; (c) to keep close touch with the Bank in respect of the consignment in question; (d) letter from defendant No. 2 to defendant No. 3 dated 10.9.77......xing the price of salt on behalf of his principal and that such action is considered to be usually incidental to the execution of his express authority. On the contrary it appears to us that in the facts and circumstances of the case defendant No. 7 had no implied authority to enter into a contr..Category: Business or Commercial Law | Date: | Hits: 99
Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)
....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. ...... Civil Appeal No. 5 of 1992. (From the Judgment and order dated 29th May, 1991 passed by the High Court Division in Civil Revision No. 2049 of 1990). Judgment ATM Afzal J.- The short question raised in this appeal by leave is whether the learned Judge of the High Court Division acte...... 6. Mr. TH Khan, learned advocate for the plaintiff‑appellants, has submitted that the impugned order is ex facie bad in that it does not reflect application of any judicial mind to the relevant facts of the case and the law applicable in thematter of addition of parties. It was not noticed tha..Category: Property Law | Date: | Hits: 67
Manik Chand Bibi @ Rezian Nahar & anr Vs. Abdul Mutakabbir Chy @ Sufi Mia Chy, 1992, 21 CLC (AD)
.... person entitled to execute the decree and that stage did not reach fill then. Hence, the impugned order is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: ......ision, withdrew the same and then filed an appeal before the District Judge, Habiganj who provisionally admitted the appeal subject to condonation of delay. The appeal was pending. Hence, a pertinent question comes up as to whether the High Court Division was justified in entertaining the revision w......t the judgment of the High Court Division passed in Civil Revision No. 104 of 1989 making the Rule absolute and directing to proceed with the execution case in accordance with law. 2. The material facts relevant for disposal of this appeal are that appellants and the respondent are the heirs of o..Category: Limitation Law | Date: | Hits: 175
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
....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. ......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. ......of a money decree and in execution of a mortgage decree and has strenuously argued that the certificate sale on 16.11.60 was a sale in execution of a mortgage decree. 15. It is not clear from the facts of the case as to whether the certificate sale held on 16.11.60 was in fact a mortgage sale or..Category: Property Law | Date: | Hits: 82
AKM Mosharaf Hossain Vs. The State, 1992, 21 CLC (AD)
....are of the view that the appellant is entitled to bail. Accordingly, the appeal is allowed. The appellant will remain on same bail granted by this Court earlier till commencement of the trial. Ed. ......are of the view that the appellant is entitled to bail. Accordingly, the appeal is allowed. The appellant will remain on same bail granted by this Court earlier till commencement of the trial. Ed. ...... all those cases the appellant has been granted bail by the High Court Division. The other accused persons in the case are still absconding and they have not yet been arrested. Hence, considering the facts and circumstances of the case and all other attending circumstances, we are of the view that t..Category: Anti-Corruption Laws | Date: | Hits: 92
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....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. ......e goods after its arrival at the destination and to bear any liability that might arise as to the quality of goods the plaintiff agreed to dispense with pre‑shipment inspection. The goods in question arrived at Chittagong on 18th August, 1982 by a vessel different from that was agreed upon...... service of the members of the plaintiff Union by defendant No. 1 was held as not maintainable under section 42 of the Specific Relief Act and the trial Court was directed to reject the plaint. The facts of that case are clearly distinguishable. The plea of implied bar should ordinarily be decide..Category: Business or Commercial Law | Date: | Hits: 124
....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.......tenu was never allowed to cross the jail gate and the fresh detention orders were served inside the jail notwithstanding the order of release, "at once", passed by the High Court Division. But in the facts of the case it was perhaps not wholly correct to say that there was inordinate and unexplained..
Category: Criminal Law | Date: | Hits: 88
Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)
.... 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. ......of 1982). Judgment: Shahabuddin Ahmed CJ- In this petition for leave the question is whether the conviction of the accused-petitioners for a minor offence is proper and jus......d further that a person charged with one offence may be convicted for another offence, under certain circumstances and on fulfillment of certain requirements. Learned Counsel has contended that the facts and circumstances of this case are such that, the provisions of section 236 or section 237 Cr..Category: Criminal Law | Date: | Hits: 59
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