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Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....the rule and we must not be understood to have expressed any opinion about the merit of the Criminal Proceeding sought to be quashed. Ed. This Case is also Reported in: 43 DLR (1991) 150. ...... list, it further appears that two pistols of 7.65 mm and good number of ammunition usable from these arms were found to have been seized. The learned Attorney‑General submits that according to the provisions of the Arms Rules 1924 and the amendment thereof made and published vide Gazette notifica..Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
.... 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 ......l Huq submitted that a Court in exercising power of appointing an arbitrator or passing an order under section 41 (b) read with Second Schedule of the Arbitration Act, though is a civil Court and all provisions of the civil Court applicable to the proceeding subject to the provision of the Arbitrati..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)
.... 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. ......d no authority to appoint him as Managing Director. 3. In such a situation whatever acts and deeds were done by the said Mr. Zahirun Nabi as Managing Director are illegal and void in view of the provisions of section 96 of the Companies Act. Since its incorporation no meeting of the Board of Di..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. ......ules, the right to terminate the employment at any time, then such termination in the manner provided by the contract or the rules is prima facie and per se, not a punishment and does not attract the provisions of Art. 311." 12. In State of Bombay Vs. FA Abraham AIR 1962 (SC) 794 the In..Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112
Narayan Chandra Sil Vs. Manhar Mandal, 1991, 20 CLC (AD)
....d of the Court house on 22.7.69 fixing 11.8.69 for sale but the impugned sale took place on 19.8.69, that is less than 30 days of affixing the sale proclamation in the Court House in violation of the mandatory provision of Order 21 rule 68 of the Code of Civil Procedure. The lower appellate Court fu......tly, the judgment of the High Court Division is liable to be set aside. In the result, the appeal is allowed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 152. ..Category: Property Law | Date: 11 Nov, 1990 | Hits: 50
Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....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.......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
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. ......e Court. Sub section (3) of section 8 provides that- “Notwithstanding anything contained in any other law for the time being in force, any matter decided by a Court in accordance with the provisions of this Ordinance shall not be tried in any Court, including a Village Court." ..Category: Others | Date: 29 Aug, 1990 | Hits: 115
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. ......t's Order No. 27 of 1972 and placed under the Corporation, the shares and the project vested in the Government which retained that character even after the release of the same and accordingly the provisions of winding up of a Company as resorted to would not apply; that the appellant having refu..Category: Business or Commercial Law | Date: 29 Aug, 1990 | Hits: 122
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. ......on to all the plaintiffs or to all the defendants. It nowhere lays down that any person, who is a necessary party to the appeal, can be excluded and still the appeal will be properly constituted. The provisions of this rule do not also exclude the operation of the provisions of Order XXII of the Cod..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
Kazi Abdul Jalil Vs. Jashim Munshi and another, 1990, 19 CLC (AD)
....section (7) of section 167 of the Code of Criminal Procedure and consequently, they are entitled to be released. The provision in clause (d) of section 35 of the Ordinance is not intended to be mandatory. The purpose obviously is to save an investigation which had started at the time when ther...... were pending immediately before the commencement of the Ordinance; but in neither of these cases consequence of non‑compliance of the provision as to time‑limit has been stated. This means these provisions are not mandatory but are only directory. We, therefore, clearly find that the inve..Category: Criminal Law | Date: 6 Aug, 1990 | Hits: 50
....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.
......port of the process server, it appears that he served the notice in presence of the witnesses by hanging a copy of the notice on the latrine which was situated on the land in dispute.
16. From the provisions of Rule 6 of PDR Rules, it appears that if the certificate‑debtor refuses to take the n..
Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
Attor Mia and another Vs. Mst. Mahmuda Khaton Chowdhury and others, 1990, 19 CLC (AD)
....counter-blast to Title Suit No.405 of 1980 and Miscellaneous Case No.197 of 1981 filed by the respondents for declaration of their right of pathway in the schedule land against appellant No.1 and for mandatory injunction directing him to remove the bamboo-fencing and other obstructions put on the pa......s own. Hence the appeal is allowed and remanded to the High Court Division for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ..Category: Property Law | Date: 22 Jul, 1990 | Hits: 43
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. ......sp; Where after filing the revision petition against and order under sec. 145(7) before the High Court he petitioner dies, the High Court in view of the provisions of SS. 561A and 435 has ample power to bring the legal representatives of the deceased on..Category: Criminal Law | Date: 27 Jun, 1990 | Hits: 110
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. ......words that when a special or local law prescribes a period of limitation for filing suit, appeal or application different from the period 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 se..Category: Limitation Law | Date: 25 Jun, 1990 | Hits: 176
.... the petitioner that the proceedings against the petitioner was initiated under the Government Servants (Disciplines and Appeal) Rules, 1976 but the proceedings were vitiated for contravention of the mandatory provisions of these Rules is concerned, it appears from the record that the proceedings ag......ning the witnesses produced by the opposite party No.1 and also of adducing evidence in his defence. He concluded by contending that the entire proceedings against the petitioner was violative of the provisions of the Government Servants (Discipline and Appeal) Rules, 1976 and the principles of natu..
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. ......cate for the respondent Nos.1 and 2, submitted that respondent No.2, the Managing Director of the Company, rightly refused to accept the transfer of shares in favour of the petitioner inasmuch as the provisions of section 34 of the Companies Act have not been complied with. Only the affidavit of gif..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....‑register was refused. In Jawahar Mills Ltd, Vs Official Receiver, Sha Mulchand & Co Ltd. 19 Company Cases, 138, a suit was filed for a declaration that a forfeiture of shares was illegal and a mandatory injunction for restoration of the petitioner’s name in the share register under sec-......ster considering the merit of that case. On the other hand, in United Planters and Traders Ltd. Vs. Mosharraf Hossain Khan, 34 DLR 345, a learned Single Judge of the High Court Division held that the provisions of s. 38 are very wide and the Court has ample scope and power to grant relief and save t..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
Siddik Ali Vs. Nurun Nessa Khatun and others, 1990, 19 CLC (AD)
....defendants. In the result, the appeal is allowed. Prayer for substitution is allowed after setting aside abatement. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 3. ....... There being no issue in the Courts below whether the lease created by Ext. 3 was for agricultural purpose or whether it was a non‑agricultural tenancy we need not examine in this case whether the provisions of section 116 of the Transfer of Property Act is applicable or whether the principle of ..Category: Property Law | Date: 28 May, 1990 | Hits: 57
....er as correct, reject the objection of Respondent No.10 and direct the Election Commission to order repoll in those centres after canceling the Gazette Notification in question.........(5)
It is mandatory for the Election Commission to publish the name of the person declared elected as Chairman......poll.
In the result, the Rule is discharged and the order of stay granted on 6.5.90 is vacated. There will be no order for costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 29.
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Category: Election Law | Date: 24 May, 1990 | Hits: 101
Fazal & others Vs. State, 1990, 19 CLC (HCD)
.... The Rule is made absolute. Every judgment shall be dated and signed by the presiding officer in open court at the time of pronouncing it. Hence putting the date along with the signature is mandatory. This is a legal provision under section 367 of the Code of Criminal Procedure. MK Zaman &...... 434 & Abdus Sattar Howlader Vs. The State & Vs. Kashem Ali 15 DLR 30 cited....................... (4) It is a mandate of the Code to take 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 ..Category: Criminal Law | Date: 14 May, 1990 | Hits: 66
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