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Syed Ali Mandal alias Md. Syed Ali and 4 others Vs. State, 1992, 21 CLC (HCD)
....y unloaded the superior kerosene oil from BTO No. 40058 though they had no papers of this consignment and they are not the consignee. The actual consionee Mr. Abdur Rahman, proprietor of M/s. Rahmat Bhander, Pliulbari while searching for the BTO at Santahar Yard on 20.12.75 appeared before Md. Naib ......al Engineer, Paksey then under his letter dated 22.3.76 asked the Fuel IDSPCC.10r, Khulna to book one BTO with 11000 gallons of HSD oil to LF, Santahar and directed the loco Foreman, Santahar to make over the said BTO Lo Traffic Department, Santahar for sending it to Phulbari in favour of M/s. Rahma......of the same and discharged from their respective bail bonds. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 149. ..Category: Criminal Law | Date: 20 May, 1992 | Hits: 2
State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)
....rliminal Appeal No.8 of 1988) SK Sinha, Advocate, Supreme Court, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos.1 & 2. (In Criminal Appeal No.8 of 1988) NH Khandaker, Advocate-on-Record-For the petitioner (In Criminal Petiotion for Leave to Appeal No.......l Court at the time of framing the charges amply show that the alleged offences were committed in the course of the Same transaction and thus the joinder of persons and charges in the same trial was covered by section 239 (d) of the Code of Criminal Procedure. He has submitted that the learned Judge......eferred any appeal and remained fugitive. Criminal Petition for Leave to Appeal No.91 of 1988 filed by the complainant is disposed of in the above terms. Ed. This Caseis also Reported in: ..Category: Criminal Law | Date: 14 May, 1992 | Hits: 73
Bengal Metro Engineering Co. and others Vs. Agrani Bank, 1992, 21 CLC (HCD)
....ast Pakistan Provincial (now Bangladesh) Co‑operative Bank Ltd. reported in 27 DLR 523. 4. Mr. SA Rahim, the learned Advocate appearing for the plaintiff Bank opposite party, on the other hand, submits that section 176 of the Contract Act does not bar seeking any permission from Court fo......are less than the amount due in respect of the debt or promise, the pawnor is still liable to pay the balance If the proceeds of the sale are greater than the amount so due, the pawnee shall pay over the surplus to the pawnor". From a plain reading of the above section of t1te Contrac......it is almost ready for hearing, if that be so, let the suit be disposed of as expeditiously as possible. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 168 ..Category: Contract Law | Date: 5 May, 1992 | Hits: 2
Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)
....p;………….Opposite Parties Judgment April 22, 1992. Result: The rule is made absolute. Cases Referred to- Ratesh Chandra Mridha Vs. Hara Krishna Goldar and o1hers, reported in 15 DLR 634; Debi Dayal Vs. Ghasita and......nt No.3 was void and illegal, the subsequent transferees i.e. plaintiffs of this suit did not acquire any valid right, or interest from proforma defendant No.3 vide kabala dated 28.3.75 (Ext. 1). Moreover, the terms and conditions of the said ekramama (Ext. A) equally bound the defendant No.2 and as...... Court are upheld. There will be no order as to cost. Let the records be sent down immediately along with a copy of this judgment. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 96 ..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
.... as cultivable vacant land within Sylhet Municipality, Kalighat, was acquired by purchase in 1949 (1356 BS) by one Duraram Upadhyaya, S/o. Late Thoparam Upadhyaya from the original owner Rakesh Chandra Kar and others. During the last Settlement Survey, the said land was wrongly recorded in the ......Court Division
(Special Original Jurisdiction)
Present:
AKM Sadeque J
Mainur Reza Chowdhury J
Aftabuddin Ahmed.......................................Petitioner
Vs.
Government of Bangladesh, represented by the Secretary, Ministry of Commerce, Special, Property Cell ......antia was a well‑known business house that had several shops upon the same, When the owners of the said business house had left for India in September, 1965, the property came under the control and management of the authority concerned as vested property and it was taken lease of as such in the na..
Category: Property Law | Date: 22 Apr, 1992 | Hits: 4
.... and, as such, the whole proceeding before the Arbitrator was void and the reference made by the Registrar is also void.
6. Mr. Fazlul Huq, the learned Assistant Attorney‑General, on the other hand, submits, section 86 of the Co‑operative Societies Ordinance covers also the election dispute...... Division
(Special Original Jurisdiction)
Present:
Md. Abdul Jalil J
Kazi Ebadul Hoque J
Syed Rahmatur Rub Irtiza Ahsan.............................Petitioner
Vs.
Government of the People's Republic of Bangladesh and others..........Respondents
Judgment&n......in any way confer any power upon the Registrar to decide any matter relating to election and that the Registrar's power under section 86 is purely relatable to business or internal affairs of the management of the co‑operative society and for matters of election the Ordinance and Rules made th..
Category: Constitutional Law | Date: 12 Mar, 1992 | Hits: 2
....elates to the voidability of the impugned Rules are concerned to give a decision in the matter.
8. Mr. Abdur Rab Chowdhury learned Advocate appearing for the respondent Nos. 4‑11, on the other hand, submitted the jurisdiction of this Court had been ousted after the Administrative Tribunal was......
High Court Division
(Special Original Jurisdiction)
Present:
Md. Abdul Jalil J
Naimuddin Ahmed J
M M Sahidur Rahman..............................Petitioner
Vs.
Government of the People's Republic of Bangladesh through the Secretary, Ministry of Finance, Sec......
Let the operation of this judgment and order be stayed for 2(two) weeks from date as prayed for by Khondker Mahbubuddin Ahmed.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 187
..
Category: Administrative Law | Date: 12 Feb, 1992 | Hits: 1
Sri Kirtish Chandra Dev Vs. Begum Sufia Akhtar and Others, 1992, 21 CLC (HCD)
....sp; ......ecessary— Before allowing any amendment or alteration of the pleading, the Court must come to a finding that such amendment or alteration is necessary for determining the real question in controversy between the parties and further that such amendment or alteration does not change the nature ...... be transmitted to the court below at once. The order of stay is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 313 ..Category: Civil Law, Procedural Law | Date: 5 Feb, 1992 | Hits: 1
Sonwar (Md.) Vs. Kamal Kha, 1992, 21 CLC (HCD)
..... M/s. Nasirabad Properties Ltd. 40 DLR (AD) 89; M/s. A Haque and Co. & another Vs. Al‑haj Zakir Hossain 40 DLR (AD) 109; Ramjan Ali Mistry, 31 DLR (AD) 183; Abdus Sattar and others Vs. Suresh Chandra Das and others 32 DLR (AD) 170. Lawyers Involved: SK Sinha, Advocate—For the ......18 of the Premises Rent Control Ordinance reads thus: "(1) Notwithstanding anything contained in the Transfer of Property Act, 1882, or the Contract Act, 1872, no order or decree for the recovery of possession of any premises shall be made as long as the tenant pays rent to the full extent......te parties without costs. The petitioner does get khas possession of the suit premises by evicting the opposite party therefrom. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 346 ..Category: Property Law, Tenancy Law | Date: 6 Jan, 1992 | Hits: 3
Tapash Nandi Vs. State and others, 1991, 20 CLC (HCD)
............Opposite Parties Judgment March 28, 1991. Case Referred Uo- 42 DLR (HCD) 297. Lawyers Involved: SS Haldar with RC Moitra, Advocates ‑ For the Petitioner. Khandker Mahbub Hossain with Khandker Gulzar Hossain, Advocates ‑ For the Opposite Parties. Sh......ial continue and come to an end as would be desired by both the parties. Communicate this order to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 26. ......ial continue and come to an end as would be desired by both the parties. Communicate this order to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 26. ..Category: Women and Children | Date: 28 Mar, 1991 | Hits: 86
....oned property within the definition of the President’s Order No.16 of 1972.
8. Mr. Quazi Akhtar Hossain, the learned Assistant Attorney‑General appearing for the respondent No. 2, on the other hand, submits that the alleged agreement although executed in 1970 was not acted upon till the suit ......' list of abandoned buildings published on 23.9.86 in Bangladesh Gazette (Extraordinary) contending that the said holding was allotted to one Qumrul Hoque, an immigrant from India as a lessee by the Government and possession was delivered to him on 4.2.63. The said Qumrul Hoque executed a bainapatra......the Government treating it as an abandoned property but unless it is covered by the definition of abandoned property in terms of Article 2 of the President’s Order No.16 of 1972, the possession and management of the Government will not make the property an abandoned property and the Government is ..
Category: Property Law | Date: 12 Mar, 1991 | Hits: 77
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
....t the First Miscellaneous Case has been preferred before this Court by the Coal Controller, Directorate of Coal, Government of Bangladesh which is heard and disposed of by this Judgment. 3. Mr. Khandaker Mahbubuddin Ahmed, he learned Advocate appearing for the appellant, submitted that the impu...... be so kept, the Coal Controller would not suffer any irreparable loss or injury. ……………..(35-41) Cases Referred to- Coal Controller, Directorate of Coal, Government of Bangladesh;33 DLR (AD) 298; Mehla Teja Singh and Co. Vs. Fertilizer Corporation of Indi...... 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
Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)
....and with ulterior motive suppressed the facts as to sale and transfer of his shares and by all other sponsor‑shareholders including the petitioner to the present shareholders and about transfer and handing over the management of the company and its business to the new management. According to this...... 18 CWS(C) South Avenue, Gulshan, 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. T......inding up of the company in question as he sold his shares long before he filed the application for winding up………….......... (34) Liquidation, consequence of total mismanagement It has been proved that the shares of 3 promoter directors (1000 shares each) were f..Category: Company Law | Date: 19 Dec, 1990 | Hits: 195
Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)
....tested that suit asseruing, inter alia, that the plaintiff was ordered to act as an IPO, Netrokona in the vacancy caused by Mr. Satfuddin Ahmed on temporary basis due (a non-availability of qualified hand; that every IMS required to qualify through competitive examination and that the plaintiff appe......1986 passed by the High Court Division, Dhaka in Civil Revision No.71 of 1981). Judgment: MH Rahman J.- Respondent, Md. Fazlul Huq, was appointed as a clerk in the postal department of the Government in November, 1965, subsequently by an order dated 3.5.1972 he was asked to act as Inspecto......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
Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....he legal tenant Mr. KA Dewan of the vendors of the petitioner. The respondent No.1 contested this Rule by filing an affidavit‑in-opposition. The learned Assistant Attorney‑General, on the other hand, submits that as the whereabouts of Mr. Selim the original owner and his son Irshad Selim, and ......) 12.......ment have been made and/or passed without any lawful authority and are of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 12...Category: Property Law | Date: 5 Nov, 1990 | Hits: 95
Karimunnessa Begum Chowdhurani and others Vs. Niranjan Chowdhury and another, 1990, 19 CLC (AD)
.... (AD) 88, Ahmed Hossain vs. Basharat Ali, 32 DLR (AD) 54. Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record-For the Appellants. SS Halder, Senior Advocate, instructed by Ranesh Chandra Maitra, Advocate-on-Record-For the Respondent No. 1. Ex parte-Respondent No. 2. C......ich was paid in a lump for all the holdings together cannot be split up for the purpose of deposit at the time of filing of the application; and the other was that the "single transaction" covering all the holdings cannot be split up by pick and choose to suit the pre-emptor's purpose ......n, as allowed by the High Court Division, is found to have been rightly allowed. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ..Category: Property Law | Date: 1 Nov, 1990 | Hits: 40
Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)
....rlooks Annexure 'A' and 'C' series to the petition for winding up and the same is thus wholly untenable. 13. Dr. M Zahir, learned counsel for the respondent Company, on the other hand, has submitted that the Company having pleaded strenuously that it was in fact paying off the d......ice Branch of the appellant since pre-liberation days and enjoyed cash credit facilities by hypothecation and pledge of goods. After the liberation of the country the factory of the Company was taken over by the Government and placed under respondent No. 3, the Bangladesh Chemical Industries Corpora......pledge of goods. After the liberation of the country the factory of the Company was taken over by the Government and placed under respondent No. 3, the Bangladesh Chemical Industries Corporation, for management. The Government thereafter released the unit on 21.8.76 and the share-holders/ Directors ..Category: Business or Commercial Law | Date: 29 Aug, 1990 | Hits: 122
Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
....eal. According to them, some of the appealing defendants can Lake the benefit of this enabling provision without bringing the non-appealing defendant on record. 9. On the other hand, Mr. TH Khan, learned Advocate, broadly contends that this provision of Order 41 rule 4 of the ......appeal, even if the necessary parties are not before it. The provisions of this rule do not, therefore, indicate that any abatement that occurs on the death of one of the appellants can be ignored or overlooked or even set aside. It d be wholly wrong to think that the would provisions of rule 4 of O......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
Mahbubul Alam Chowdhury and others Vs. Chaman Ara Begum and others, 1991, 20 CLC (AD)
....nce that the partnership was at all dissolved, the suit is barred under section 69(2) of the partnership Act. 8. Mr. SR Pal, learned Counsel for the plaintiff‑respondents, submits on the other hand that the High Court Division has correctly considered the purpose for which the schedule proper......r is not a partnership property would depend upon the intention of the partners as the second paragraph of section 14 specifically lays down. Evidence is admissible to show that a contrary intention governed the transaction. The contrary intention may justifiably be gathered by (a) the purpose for w...... all the above reasons we do not find any merit in the appeal which is dismissed without however any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121 ..Category: Civil Law | Date: 14 Aug, 1990 | Hits: 121
State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)
....where the dead body of Abdul Hakim was kept just after the recovery. P.W. 1 said that after the recovery the dead body was kept to the south of the front of the house of Nurul Huq. PW 2, on the other hand, said that they kept the dead body to the north of the house of accused Nurul Huq. Other PWs si......qbul Hossain held post‑mortem examination of the dead body at about 2 PM on 22.7.79. He found several injuries on the person of the deceased, haematoma, abrasion etc. and a continuous ligature mark over the neck causing extensive ecchymosed and extravagation of blood in an around the wounds, Death......nder section 201 is set aside. The respondents are directed to surrender forthwith and serve out the sentence imposed upon them. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 44. ..Category: Criminal Law | Date: 9 Aug, 1990 | Hits: 50
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