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Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)
....r of the learned Additional Sessions Judge passed in Criminal Appeal No. 196 of 1980 for the restoration of the immovable property over which both the accused and the complainant lay their respective claim. Dr. Mohammad Abdul Baten who filed the revisional application in this Court being the complai......e..............................................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 power. Surprising...... 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
....cil on deputation on purely temporary basis subject to permanent absorption there. He was ultimately permanently absorbed in the service of the Bangladesh Agriculture Research Council and as such his claim that on the date of initiation of proceeding he was a Government servant is not correct. Since......ngladesh 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.
In hearing of an enquiry the presence of the pe......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)
....ction of the applications. There was hardly any materials to hold that Companies have failed to carry out their objects and that the assets of the companies are not sufficient to satisfy the bonafide claim of the creditors. The affidavits and counter‑affidavits filed by the parties for winding up ......l into serious error of law in staying sine die all further proceedings of winding up petitions without taking oral evidence and going into the merit of the cases- Order staying the applications for winding up sine die amounts to rejection of the applications. There was hardly any materials to ......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)
....ry in the last week of April, 1986. Further the witnesses of the aforesaid gift are two ladies namely, Mrs. Gul Banu and Mrs. Niamat Sherali. The respondent No.3 did not own and possess 400 shares as claimed by the petitioner. In a nutshell the case of respondent Nos.1 and 2 is this, that the allege...... In a case where a private limited company is a family company it is not at all necessary to produce the script. Here in this case the respondent no 3, brother of respondent no. 2, was holding the aforesaid 1300 shares. It is not at all necessary to produce the same before the respondent No. 2, th......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)
....ended to the evidence of trap witnesses, because the latter cannot be termed as accomplices. 10. The view taken in Abdur Rahman vs. State 27 DLR 268 that the bribe giver PW1 and his son PW 8 who claimed to have corroborated his father were accomplices and as such their evidence ought to have be......s, because the latter cannot be termed as accomplices. With regard to corroboration of trap witnesses no hard and fast rule or guidance can be given. There may be cases where the Court will look for independent corroboration and Equally there may be cases where the Court may accept the evidence...... "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)
.... the tune of Taka 1,13,320,48 paisa by making false declaration about the goods and that the Customs Authority way surprised to come to know about the final report when the accused petitioner came to claim the goods after the final report. It is further alleged in the Naraji petition that the statem......ity of the proceedings in Petition Case No. 299a of 1981 under section 156 (1) 14 of the Customs Act, 1969 pending in the court of the Chief Metropolitan Magistrate, Dhaka. 2. The facts relevant for disposal of the Rule may briefly be stated as follows: 3. Mr. Fakir Ashraf, Assistant Colle......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)
....to the Registrar and the applications under section 39, it was alleged, were mere counter‑blasts to the Criminal Proceeding which was initiated against the respondent. The transfer was made, it was claimed, in usual manner, under an Instrument of Transfer and the consideration was paid in full; bu....... Result: The appeals are dismissed. The Companies Act (VII of 1913); Sections 38 & 40 When both parties have led all their evidence and the facts involved in the applications for rectification of the share registers are not of complicated nature, the same can be disposed of ......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)
....r cancellation of the deed of gift which is the foundation of the mutation case in view of the proviso to section 42 of the Specific Relief Act. The learned Advocate lastly, argues that the plaintiff claimed possession through her bargadar, Quddus and the said bargadar not having been examined in su......tio. This view was supported in the case of Pethen Permal Chetty Vs Muniandy Servai 35 (Cal) 551. In this case both the courts found that the deed of gift executed in favour of the defendant was void for want of deliverly of possession to the defendant. The taking of possession of the subject m......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. ......statement of the accused in accordance with the provisions of law. It imposes a duty on the court to question the accused properly and fairly so as to bring home to him the exact case. It is intended for the protection and benefit of the accused and not in order to enable the prosecution to find out......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. ...... The State and another.....................Opposite Parties Judgment May 13, 1990. Result: The Rule is discharged. The accused petitioner misrepresented to get permission for sale of the house and mutation and all relevant documents were false, forged and was available i......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. ......posite 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 date not fixed for hearing. Case Referred To- Sabilri Bala Vs. Rohini Kanta Mondal, 4 DLR 11; Brojendra L......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)
....k. 11,05,485/39 paisa in the said account as on 20.1.83. The plaintiff served legal notice on 10.8.82 demanding payment but the defendants failed to pay the said amount. Hence the suit. The plaintiff claimed interest pendente lite tentatively calculated at 2,94,514/61 paisas on the outstandings in a......suit under a circumstance. Order 34, rule 11 leaves it to the discretion of the Court what interest should be awarded to the mortgagee in a mortgage suit from the date of the suit till the date fixed for redemption. The Court is not bound to award contractual rate of interest for such period…......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
M/s. Rising Sun Traders Ltd. Vs. Chittagong Port Authority and another, 1990, 19 CLC (HCD)
....he Award was barred by time as the period of limitation of 29 days as per agreement for making reference to arbitration began to run from 24.2.1983 when by their letter the Port Authority refused the claim of the contractor and that the Arbitrator misconducted himself in giving the Award. 6. Th......………………(22) The law has not prescribed a minimum time limit within which an arbitration proceeding must or must not be concluded although it has provided for maximum time limit of 4 months or within such extended time as the court may allow...........(24...... 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. ..Category: Alternative Dispute Resolution | Date: 28 Mar, 1990 | Hits: 176
Zahura Khatun and others Vs. Rokeya Khatun and others, 1991, 20 CLC (AD)
....that it is fit and proper to allow the landlord-appellants to reap the benefit of an entirely different argument at this stage when they gave up this point completely and admitted the defect in their claim in all the Courts. When the leave was granted with the tacit admission that the notice was def...... of a Bengali Calendar month, is a mere irregularity which can be corrected by extending the period of notice, if it is at all necessary in the circumstances of the case – Learned Counsel for the landlord‑ appellants has not pressed the first point on which leave was granted. When the ......gitate the same in the absence of the respondents. 9. The appeal is, therefore, dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 98. ..Category: Tenancy Law | Date: 25 Mar, 1990 | Hits: 124
Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)
....f the bainapatra was known to all including the defendants and taking advantage of this situation the defendant No.1 brought a false suit being MS No.84 of 1972 in the 1st Court of Munsif, Dhaka claiming Tk. 2,000/ from the present plaintiff as, compensation for barga crops for two years. ......he defence ipso facto does not make the plaintiff’s case believable. 10 DLR (PC) page 1 cited In the case of an expert disposal of a suit, some requirements of law must be fulfilled before passing an expert decree in favour of the plantiff by the court. The court is required to come ......t‑lands to the plaintiff and the price was Settled at Tk.25,000/ by mutual agreement in presence of witnesses and some of the defendant Nos. 2‑11. The plaintiff paid Tk.10,000/‑ as earnest money to defendant No.1 on 7.12.69 in presence of the witnesses and the defendant No.1 executed..Category: Property Law | Date: 15 Mar, 1990 | Hits: 66
Abdur Rabban (Md) Vs. Aminul Hoque Sowdagar and another, 1990, 19 CLC (AD)
.... admission suggesting an inference that he was a tenant in the suit land. But such application and deposition could be admitted into evidence suggesting an inference for the purpose of falsifying the claim of the defendant as to evidence adverse possession because a tenant under a real owner cannot ......ot be admitted into evidence as an admission suggesting an inference that he was a tenant in the suit land. But such application and deposition could be admitted into evidence suggesting an inference for the purpose of falsifying the claim of the defendant as to evidence adverse possession because a...... For the reasons stated above we do not find any merit in the appeal. The appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 19. ..Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123
Abdul Momen Bhuiyan Vs. Haji Payez Ali Mia and others, 1990, 19 CLC (HCD)
....ank Manager issued the certificate which is Annexure‑D to the petition to the effect that towards adjustment of his unadjusted debt, he has deposited a sum of Tk. 2,00,000/‑ for settlement of the claim what had been made in the money suit itself and for final adjustment his prayer is under the a......icle 102(2) (a) (ii) of the Constitution of the People's Republic of Bangladesh, calling in question the legality of rejection of his nomination paper by the Returning Officer, which he had filed for the purpose of offering himself as a candidate in the ensuing Upazila Parishad Election. 2.......te which is Annexure‑D to the petition to the effect that towards adjustment of his unadjusted debt, he has deposited a sum of Tk. 2,00,000/‑ for settlement of the claim what had been made in the money suit itself and for final adjustment his prayer is under the active consideration of the Rank ..Category: Election Law | Date: 5 Mar, 1990 | Hits: 136
Momin Miah & another Vs. Moinuddin Hossain & another, 1989, 18 CLC (AD)
....o sell the mortgaged land for satisfaction of the decretal amount but full requirement has not been met. The bank was not a party to the agreement. The outstanding amount was tendered against balance claim of the bank but that was refused due to lapse of date fixed. Then a suit for specific performa......r 4, 1989. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908) Order XXXIX, rule I The judgement debtor entered into a contract to sell the mortgaged land for satisfaction of the decretal amount but full requirement has not been met. The bank was not a pa......ty in dispute, that is, item No.1 of Schedule 'B' of the Compromise petition (as in T.S. No.319 of 1986). No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 175 ..Category: Contract Law | Date: 4 Dec, 1989 | Hits: 222
Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)
....e year before the liberation war or that she was not present at the time of her birth or that she was deposing falsely. P.W.8 is Shaila Bala wife of late Arun Chandra Paul. In her deposition she claims herself as another neighbour of appellant Manindra Kumar Malakar. She stated that in the mont......Ordinance No. LX of 1983). 2. By an order dated 2.4.89 this case was directed to be heard along with Criminal Miscellaneous Case No.57 of 1987. So, both the cases are heard together by us, but for the sake of convenience we are giving two separate judgments in two cases. 3. Before discussi......ce by us. In the result, this appeal is dismissed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ..Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153
Manindra Kumar Malakar Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....5) In a habeas corpus case like the present one their Lordships were of the view that if the age of the victim girl is not found less than 16 years, then father/ guardian will not be entitled to claim her guardianship and the girl will be treated as major and she will be allowed to go anywhere ......hat she was born on 29th of Agrahayan, 1379BS. But the said horoscope was made on a plain paper without any signature of its maker. Moreover, it is a private document which may be created at any time for any special purpose. It is very difficult to rely on such a private document which can be create......e copy of this order be communicated to the Deputy Commissioner, Gazipur and the Jailor, Gazipur District Jail at once for compliance. Ed. This Case is also Reported in: 43 DLR (1991) 71. ..Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104
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