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Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)
.... stayed for 15 days from today. The Rule is accordingly discharged. Communicate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ......f this Court comprising of Md. Abdul Jalil and Qazi Shafiuddin JJ. observed as follows: "A Magistrate cannot detain a person unless he or she is as accused in a Criminal cast but he has certain power under section 100 of do Code of Criminal Procedure. Section 100 runs as follows: If any ......oner Vs. 1. Rafiqueullah, 2. The State .........................Opposite‑Parties Judgment February 13, 1991. Result: The Rule is discharged. Cases Referred to- Sukhendra Chandra Das Vs. the Secretary, Ministry of Home Affairs, 42 DLR 79; Krishna Pada...... stayed for 15 days from today. The Rule is accordingly discharged. Communicate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ..Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
.... no reason why this court in exercise of its power under the Revisional jurisdiction will interfere with the same. A huge amount of money would have to be transferred immediately and that would cause financial constraint restricting the business capacity and capability of the foreign seller to inves......t: The Rule is also discharged. An arbitrator exercises a quasi judicial function. He is both a judge of law and of fact and hence a pure question of law such as whether the exercise of the power of the Coal Controller is beyond the power and done in violation of the contract and mala fide...... Ventura Industries Ltd…………………Respondent Judgment February 3, 4 and 5, 1991. Result: The Rule is also discharged. An arbitrator exercises a quasi judicial function. He is both a judge of law and of fact and hence a pure ques...... 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 ..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
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. ...... after recovery of the money by sale of the property according to the direction of the respondent the petitioner was released in consideration of the same and that it was a colourable exercise of the power under section 3 of the Special Powers Act. He further submitted that although the petitioner w......Vs. The State, represented by the Secretary, Ministry of Home Affairs, Government of Bangladesh and others ..........................Respondents. Judgment February 3, 1991. Cases Referred to- Shaheda Masood Vohra Vs. The State and others, BCR 1987 HCD page 251; Dr. Nurul Islam Vs. Ba......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. ..Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184
Baneazuddin Ahmed and others Vs. The State, 1991, 20 CLC (AD)
.... on bail already granted, till disposal of the Criminal Revision No. 21 of 1989 pending before the High Court Division, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 123. ......eal the learned Additional Session Judge, 3rd Court, Dhaka affirmed the aforesaid order of conviction and sentence. While disposing of the appeal, the learned lower Appellate Court in exercise of its power under section 426 of the Code of Criminal Procedure granted provisional bail to the accused ap......15, 1991. Result: The Appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), Section 498 Whether in view of the ad interim bail granted by the lower Appellate Court to move the High Court Division in revision, the High Court Division acted properly in refusing the ...... on bail already granted, till disposal of the Criminal Revision No. 21 of 1989 pending before the High Court Division, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 123. ..Category: Criminal Law | Date: 15 Jan, 1991 | Hits: 42
Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)
....es Act is not maintainable. The allegations of inability to pay debt by the respondent company is incorrect and baseless. Rather the company is carrying on business of Garments in full swing with the financial assistance from the Respondent No. 15, Islami Bank (Bangladesh) Ltd. It is a profit earnin...... Ismail Siddique' which is marked as Ext. A(2). The signature of Md. Ismail Siddique as found in the admitted document namely, Ext. A vide A(1) and A(2) are similar to the signatures given in the power, affidavit‑in‑reply and in all other applications filed before this Court. The signature o...... December 19, 1990. Result: The prayer is allowed. Annual General Meeting, once a year According section 81 of the Companies Act every company shall in each year hold in addition to any other meetings a general meeting as its annual general meeting. But no Annual General Meeting...... 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. ..Category: Company Law | Date: 19 Dec, 1990 | Hits: 195
Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)
....k is to avoid a clutter which cannot be used as a sorting device for ascertaining facts at the last court of the country. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 144. ......Ahmed, Section Officer, Government of Pakistan and others 17 DLR SC 63 (68) . "It is clearly impossible to construe the expression "until further orders" as conferring absolute power of retention or dismissal upon the competent authority. The matter of public employment is gov......Huq......................Respondent Judgment November 27, 1990. Result: The appeal is allowed. Constitution of Bangladesh, 1972; Article 135 Whether the impugn reversion to the respondent's substantive post after his acting in a higher post can be termed a reduction......k is to avoid a clutter which cannot be used as a sorting device for ascertaining facts at the last court of the country. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 144. ..Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112
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. ...... the Privy Council in the case of Secretary of State Vs. Mask and Co., 44 CWN 709, and held that in spite of the provision of the statute barring Civil Court's jurisdiction in a case it still got power to see whether the tribunal was constituted according to law or whether it had followed the pr......be rejected. To determine the truth of this allegation, evidence in necessary and this can be available only in the course of trial of the suit which is prima facie maintainable. Cases Referred to- Rafiqul Alam vs. Mostafa Kamal and others, 42 DLR (AD) 137, Secretary of State Vs. Mas...... 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. ..Category: Others | Date: 29 Aug, 1990 | Hits: 115
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. ......clude the operation of the provisions of Order XXII of the Code. They would apply only where the provisions of Order XXII pose no difficulty in the prosecution of the appeal. In order to exercise the powers given by this rule, all persons to be affected by the order must be before a Court. It would ...... at all and is not before the Appellate Court. The language of rule 4 of Order 41 of the Code creates a legal fiction in the sense that the appeal filed by some of the defendants will be treated to be an appeal on behalf of all the defendants and the benefit of the appeal may be extended in fav......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. ..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
Keramat Ali Bhuiyan Vs. Ramizuddin Ahmed Bhuiyan, 1990, 19 CLC (AD)
....earned advocate of the parties about the receiving back of the record and the next date fixed. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 58. ......ure, it is not only the right but the duty of the Court to correct its own mistake. In re: Swire Mellor Vs. Swire, (1885) ChD 239 Down, LJ of the Court of Appeal dealing with a question regarding the power of a Court to correct its own mistake observed as follows- "I think, the true view ......f-Respondent Judgment August 8, 1990. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908) Order IX, Rule 9 Whether there is any necessity to condone the delay when defendant was prevented from information about the date of hearing due to ......earned advocate of the parties about the receiving back of the record and the next date fixed. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 58. ..Category: Procedural Law | Date: 8 Aug, 1990 | Hits: 108
Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan (Md) & others, 1990, 19 CLC (AD)
.... In the result, all the appeals are allowed without, however, any cost, and the impugned order of the High Court Division is set aside. Ed. This Case is also Reported in: 43 DLR (AD) 154. ......he principle of natural justice by serving a show cause notice is also not applicable in this case as this principle has been excluded in the Rule Itself. The appointing authorities have has also the power to reinstate a terminated employee on the merit of his individual case. Lawyers Involved:...... August 8, 1990. Result: All the appeals are allowed. Bangladesh Parjatan Corporation Service Rules, 1980; Rule 41 sub‑rule (2) Clause (iv) Whether any reason was required to be assigned for termination of the services of the respondents, who were employees of the Banglad...... In the result, all the appeals are allowed without, however, any cost, and the impugned order of the High Court Division is set aside. Ed. This Case is also Reported in: 43 DLR (AD) 154. ..Category: Employment/Service Law | Date: 8 Aug, 1990 | Hits: 101
Abul Kashem and others Vs. The State, 1990, 19 CLC (AD)
....lowed. The appellants shall appear before the Sessions Judge, Bhola and till then the bail granted by this Court will continue. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 77. ......898 (V of 1898), Sections 290 & 31 (4) Power of the court to pass higher sentences An Assistant Sessions Judge under the proviso to sub‑section (3) of section 9 CrPC has the limited power to pass higher sentences except the sentence of death in those Sessions cases which were not h...........Respondent Judgment August 1, 1990. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), Sections 290 & 31 (4) Power of the court to pass higher sentences An Assistant Sessions Judge under the proviso to sub‑section (3) of......lowed. The appellants shall appear before the Sessions Judge, Bhola and till then the bail granted by this Court will continue. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 77. ..Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 51
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. ......r. Bhuiyan next contends that the conviction and sentence of the appellants without lacking evidence is also not warranted by law. This observation of the learned Advocate is wholly untenable because power of a High Court to institute a contempt proceeding is a special jurisdiction which is inherent...... and others ............Respondent Judgment July 30, 1990. Result: The appeal is dismissed. The Contempt of Court Act, 1926 (XII of 1926); Section 3 Whether evidence is to be recorded in deciding the question of Contempt of Court in the absence of denial of allegations......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. ..Category: Criminal Law | Date: 30 Jul, 1990 | Hits: 59
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. ...... and Benoy who gifted the suit land to the plaintiff-respondent by a registered deed of gift, Ext. 1 dated 6.3.61 which was executed and registered by her husband PW 4 Shambhu Nath Das by virtue of a power of attorney Ext.3 granted to him by B iswanath and Benoy. One Shyam Sundar Das was a monthly t...... The appeal is dismissed. The Bengal Tenancy Act, 1885, Section 103B Whether entry of a person’s name in the record of right as ‘Dakhalkar’ will mean that for all time to come he will continue as a tenant at will Ordinarily, the word "Dakhalkar' in the ......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. ..Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115
Idris Ali Bhuiyan Vs. Enamul Haque and another, 1990, 19 CLC (AD)
....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. ......y, dismissed. Latifur Rahman J.- While agreeing with the order in the Review Petitions given by my learned brother ATM Afzal J, I would like to add few words on the scope of review. 11. The power of review of the judgment or order of this Court is provided under Article 105 of the Constitu......Article 105 Review of judgment when justified Review of a judgment can be made where there is an error apparent on the face of the record or that the attention of this court was not drawn to any particular statutory provision of law for which an error has crept in the judgment. Since the......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
Bijoy Kumar Basak Vs. Narendra Nath Datta & others, 1990, 19 CLC (HCD)
....he date of receipt of this order, in accordance with law. Let a copy of this order be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 43 DLR (1991) 68. ........... (9) Power of the District Court under section 24 CPC is somewhat of an administrative nature and also discretionary and in suitable cases the District Judge can even suo moto exercise this power in the interest of justice......... (10) Cases Referred to- AIR 1963 (Pat) 353; PLD......cific finding......... (9) Power of the District Court under section 24 CPC is somewhat of an administrative nature and also discretionary and in suitable cases the District Judge can even suo moto exercise this power in the interest of justice......... (10) Cases Referred to- AIR 19......he date of receipt of this order, in accordance with law. Let a copy of this order be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 43 DLR (1991) 68. ..Category: Property Law | Date: 11 Jul, 1990 | Hits: 67
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. ......................Petitioner Vs. The State..............................................Opposite Party Judgment June 27, 1990. Result: The Rule is made absolute The power of the Appellate Division to pass an order for re-delivery of possession to the person acquitt......Vs. The State..............................................Opposite Party Judgment June 27, 1990. Result: The Rule is made absolute The power of the Appellate Division to pass an order for re-delivery of possession to the person acquitted on appeal must be an express ...... 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. ..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. ......ether election commission can order recounting of votes when there was no objection before the Presiding Officer or Returning Officer before consolidation of results Election commission has got power to organize, conduct and hold election in a free and fair manner and direct re-poll in an appr......election commission can order recounting of votes when there was no objection before the Presiding Officer or Returning Officer before consolidation of results Election commission has got power to organize, conduct and hold election in a free and fair manner and direct re-poll in an appropriat......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. ..Category: Election Law | Date: 27 Jun, 1990 | Hits: 139
Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)
.... this Court after adjudication by the Courts below. With these words I concur with the decision given by my learned brother. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 28. ......prescribed thereof by the First Schedule of the said Act, the provisions contained in section 4, sections 9-18 and section 22 will apply. Thus it is clear that section 5 is excluded and it does not empower a Court to condone the delay under section 5 of the Limitation Act. Similar view has also been......peal No.13 of 1990) Md. Ishaque……………….....................Appellant Vs. The Government of Bangladesh represented by the Land Acquisition Collector, Dhaka….. Respondent (In Civil Appeal No.14 of 1990) Abdur Rob……&helli...... this Court after adjudication by the Courts below. With these words I concur with the decision given by my learned brother. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 28. ..Category: Limitation Law | Date: 25 Jun, 1990 | Hits: 176
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. ......ation stating that the appellant No.1 acquired a Tea Garden in his own name and lost all interests in the company’s affairs and business and as such the Board of Directors in pursuance of their power given under clause 17(g) of the Articles of Association formed the Executive Committee and the......In Civil Appeal No. 59 of 1984) Judgment June 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 ......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. ..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. ......ul agreement with the views of Amin Ahmed, CJ in Re. Messrs Anath Bandhu Guha & Sons Ltd. reported in 7 PLR Dacca that the provisions of section 38 arc very wide and the Court has ample scope and power to grant relief and save the parties from being harassed and unnecessarily relegated to protra......e 17, 1990. Result: The Application is allowed. No transfer can be registered without a proper instrument of transfer and share certificate and the company will be perfectly justified to refuse registration of purchaser’s name on the ground of non-production of the share certif......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. ..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
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