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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. ......nd also paid Tk. 11,60,024.85 towards repayment of local currency loan. Thereafter by coercive method the said Bank raised a further sum of Tk. 20,57,30,000. Even thereafter the said Bank demanded an amount of Tk. 82,07,438.00 which was refuted by the Company. Thereafter the said Bank filed Miscella...... cheques and a pay order by coercive method and undue influence for unlocking the Mill. The Company filed Title Suit No. 49 of 1987 for declaration of the said agreement as void and for refund of the money illegally realised from the Company by the Bank in the Court of the 3rd Subordinate Judge. The..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)
....s mentioned in Annexure C. In fact no transfer document was executed nor any transfer was approved by the Board of Directors nor the formalities required for transfer of share have been observed. The whole story of transferring the shares is nothing but a concoction. He denied the statement that res...... 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. ......oresaid debt even by installment as agreed upon. The respondent Nos. 5,11,12 have taken loan of Tk. 3,00,000/‑ from Pro forma‑Respondent Nos. 13 and 14 in the name of the company but utilized the money for personal purpose. The company is unable to pay the aforesaid loan even upon repeated remin..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. ......Court ,alter relying on Anwarul Huq Khan Vs. Government of Bangladesh and others 31 DLR 21 and the Government of Bangladesh Vs. Md. Ismail Hossain, 31911 (AD) 127 declared that the order of reversion amounted to reduction in rank and it was void and &gal. The High Court Division upheld the order......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
Shambhu Nath Poddar Vs. Bangladesh Railway and others, 1990, 19 CLC (AD)
....tly, the judgment of the High Court Division is set aside and the suit is decreed. The appeal is allowed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 82. ......tly, the judgment of the High Court Division is set aside and the suit is decreed. The appeal is allowed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 82. ......tly, the judgment of the High Court Division is set aside and the suit is decreed. The appeal is allowed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 82. ..Category: Civil Law | Date: 19 Nov, 1990 | Hits: 107
Karimunnessa Begum Chowdhurani and others Vs. Niranjan Chowdhury and another, 1990, 19 CLC (AD)
....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. ......one at all, for he cannot be permitted to pick and choose the holdings according to his own convenience. Learned Advocate further contends that the pre‑emptor is also required to deposit the entire amount of the consideration money, as stated in the kabala, at the time of filing the application fo......a co‑sharer tenant, like the respondent‑pre‑emptor to purchase the "portion or share of a holding transferred"-five holdings were transferred by a single kabala and consideration money of each of the holdings was shown separately in the kabala. The petitioner deposited the consi..Category: Property Law | Date: 1 Nov, 1990 | Hits: 40
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. ......ed hardly at Tk. 3,79,500.00. The Company failed and neglected to pay its liabilities and it appeared that the Company was unable to liquidate the same. It has been stated in the application that the amount of indebtedness of the Company is much over Tk. 500.00 and the Company is thus liable to suff......ication for winding up is malafide as there is a counter claim for damage of Tk. 30 lacs for non-delivery of goods; that the claim is disputed and the appellant must prove its claim first by filing a money suit; that the statement of account supplied by the Bank does not show how and on what dates i..Category: Business or Commercial Law | Date: 29 Aug, 1990 | Hits: 122
Wajear Rahman Moral (Md) Vs. The State, 1990, 19 CLC (AD)
....eal is dismissed with the modification of sentence, that is, the sentence of death is altered to that of imprisonment for life. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 25. ......eal is dismissed with the modification of sentence, that is, the sentence of death is altered to that of imprisonment for life. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 25. ......tody. He took taka 200.00 as advanced from Yasin for getting that man bailed out from jail. Be4fore the job could be performed that man got involved in another case. Yasin asked for the return of the money and insisted that some body should be engaged to kill Sharitullah. Because of his inability to..Category: Criminal Law | Date: 20 Aug, 1990 | Hits: 84
Mahbubul Alam Chowdhury and others Vs. Chaman Ara Begum and others, 1991, 20 CLC (AD)
.... 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 ...... 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 ......e interest and benefit" of both the partners and not for the firm itself. He led evidence to that effect. It is too late in the day to assert that because of the acquisition of the properties by money belonging to the firm these are ipso facto partnership properties. The plaintiff has also prov..Category: Civil Law | Date: 14 Aug, 1990 | Hits: 121
Afruz Miah (Md) and another Vs. Alhaj Md. Siraj Miah, 1990, 19 CLC (AD)
.... present case, the same suffers from no illegality. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 89. ......ng Director of the said private limited company. During the early part of 1980 deceased Siraj Miah suffered from complete nervous break-down hearing the news that appellant No. 1 misappropriated huge amount of money from his restaurant business in UK taking advantage of the absence of Siraj Miah fro...... building under the name and style "Hotel Al-Amin" which is a private limited company named Hotel Al‑Amin Limited. Although deceased Siraj Miah established the hotel business with his own money but out of love and affection he gave his younger brother i.e. appellant No. 1 Md. Afruz Miah ..Category: Procedural Law | Date: 5 Aug, 1990 | Hits: 91
....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.
......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.
......eld on 10.2.65 and this defendant No. 3 auction‑purchased the land with structure being Municipal Holding No. 5 Machua Bazar, Mymensingh at a highest bid of Tk. 4000.00. He deposited the entire bid money on the same day by Treasury Challan. The sale was duly confirmed on 27.5.65. and the sale cert..
Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
....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.
......ry allegation that the Director had a plan to appoint Mr. Shahadat Hussain as Accounts Officer and instigated Mr. Md. Amjad Ali to bring aspersion on the Director and the Administrative Officer which amounted to serious misconduct."
13. From the above four charges it appears that in charge......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
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. ...... present petitioner wrote to the respondent No.2 on 18.6.86 about the transfer of the aforesaid shares. The affidavit in respect of the gift as well as the instrument of transfer duly stamped with an amount of Tk. 1950/‑ were also annexed with that letter sent by the present petitioner. The respon......Further it is stated that the petitioner was also looking after the affairs of the company being authorised by the Power of Attorney executed by his father. Other allegations regarding taking away of money by force with the help of mastans and also that the said gift was taken by force have been den..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
Shahabullah (Md) Vs. The State, 1990, 19 CLC (AD)
.... be otherwise than harmful to the mentality and judicial capacity of a magistrate or other persons holding judicial office, and it would necessarily be injurious to the position of the judiciary as a whole, if the practice of utilizing Magistrates as decoys and tricksters become widespread." ......o interfere in the matter. The appeal is dismissed. Let the appellant surrender to his bail bond and serve out his sentence. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 1. ...... "Just as fish moving under water cannot possibly be found out either as drinking or not drinking water, so government servants employed in the government work cannot be found out (while) taking money for themselves".- Dr. R Ramsatry's translation of ..Category: Anti-Corruption Laws | Date: 13 Jun, 1990 | Hits: 119
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. ......tained in packets by mis-describing the goods as menthol in the document submitted by him and thereby the petitioner attempt( to violate Import Trade Control Regulations in for and also evade a large amount of customs duty an sales tax and that the petitioner himself signed and sent a letter to the ......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. ..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. ...... transfer. He also denied having received any consideration money. Appellant said he paid the consideration money to his brother, but when asked whether the paid the consideration involving a huge of amount of money - Tk. 4.45 lac - in cash or in cheque, be said he could not remember. He also could ......only-in his name; nevertheless he was allowed to draw his full remuneration as a Director. It was contended that after returning from India in 1977 the respondent, out of sheer greed and rapacity for money, and prompted by evil motive, started trouble in the Company and made attempt to extort money ..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
AH Shamsuddin Ahmed Vs. Begum Arafat & others, 1990, 19 CLC (HCD)
..... In the result, the Rule is discharged. However, there will be no costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 52. ....... In the result, the Rule is discharged. However, there will be no costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 52. ......ion filed this suit. 3. The suit was contested by the defendant, contending, inter alia, that as the husband of the plaintiff was dismissed from service for corruption used to help her by giving money. The plaintiff being satisfied by such help, in order to relinquish her debt, made the gift in..Category: Property Law | Date: 22 May, 1990 | Hits: 111
Fazal & others Vs. State, 1990, 19 CLC (HCD)
....he accused petitioners be acquitted of the charge levelled against them. The accused petitioners be discharged from their bail bonds. Ed. This Case is also Reported in: 43 DLR (1991) 40. ......sed petitioner Adhari stabbed him on his right arm causing bleeding injuries. Accused petitioner Mahal had helped the said two accused at the time of occurrence. The accused also took away cash money amounting to Taka 1, 170/‑, a gold ring valued at Taka 1,000/‑ and a wrist watch from the victim......e accused petitioner Adhari stabbed him on his right arm causing bleeding injuries. Accused petitioner Mahal had helped the said two accused at the time of occurrence. The accused also took away cash money amounting to Taka 1, 170/‑, a gold ring valued at Taka 1,000/‑ and a wrist watch from the ..Category: Criminal Law | Date: 14 May, 1990 | Hits: 66
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. ...... mutation and all relevant documents were false, forged and was available in the office. He, by showing such false documents induced the purchaser to purchase the house from the accused petitioner at amount of Taka 12 lakhs and during executing the deed of agreement an undertaking was also given in ......mission and letter of mutation by forging the same induced the proposed vendee Mustaque Hossain Mahmud to pay a huge amount of Taka 12 lakhs and ultimately did not execute the kabala nor returned the money and thus cheated him. 8. It has also been submitted by the learned Advocate for the State..Category: Criminal Law | Date: 13 May, 1990 | Hits: 73
Sonali Bank Vs. Nurul Kader and another, 1990, 19 CLC (HCD)
....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. ......hich was not taken into consideration by the court and decreed the suit. Thereafter the defendant filed an application under section 152 CPC for correction of the judgment and decree on adjusting the amount of revenue paid. Trial Court rejected the application holding that there was no clerical or a......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
Sonali Bank Vs. M/s Begg & Beg Jute Incorporated Limited & others, 1990, 19 CLC (HCD)
.... discretion in refusing the interest to the plaintiff. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 27. ......ard contractual rate of interest for such period…………………......... (7) It is not laid down that the plaintiffs are entitled to interest on decretal amount as a matter of right or that the payment of interest on decretal amount is compulsory…......d by the Court of Subordinate Judge and Commercial Court No.II at Dhaka. 2. The appellant as plaintiff instituted the suit against the respondents as defendants in the said court for recovery of money by sale of mortgaged goods stating, inter alia, that the defendant No.1 Company M/s. Begg &..Category: Civil Law | Date: 1 Apr, 1990 | Hits: 79
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