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Bangladesh Inland Water Transport Corpn & ors Vs. Nazma Flour Mills Ltd. & others, 1991, 20 CLC (AD)

....ing the impugned direction instead of directing examination of the thumb impression of the alleged executant in the impugned documents by an expert which would be more in keeping with the interest of justice having regard to the high value attached to the opinion of a thumb impression expert. ......2), Section 73 Whether the High Court Division acted illegally in giving the impugned direction instead of directing examination of the thumb impression of the alleged executant in the impugned documents by an expert. Before the Trial Court there was no admitted Signature of thumb impres..

Category: Procedural Law | Date: 30 Jan, 1991 | Hits: 108

Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)

....al general meeting and Board's meeting of the company as it appears from the evidence of D.W.1. 36. Considering all these aspects of the case and materials on record I hold that for ends of justice the Respondent‑private limited‑company having character of partnership deserves liquidat......t know who is Mr. Humayun Kabir. It is asserted that the petitioner never executed any instrument of transfer of his shares to said Humayun Kabir or to anybody else, or any such transfer deed nor any document was ever presented before him and also before the board of directors for approval. The sign..

Category: Company Law | Date: 19 Dec, 1990 | Hits: 195

Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)

....ken manner that it was never meant to be an order of promotion. In the facts of the case the respondent was not entitled to any show‑cause notice nor there any violation of any principle of natural justice. Therefore, the respondent's contention that he acquired a vested right to the post of I......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

The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)

....for acquittal are of "speculative or artificial nature" or the findings are based on misreading of evidence or the conclusion drawn from the evidence is perverse resulting in miscarriage of justice, the court of appeal will certainly interfere. This view was taken by the Pakistan Supreme C......r life. They are directed to surrender to their bail bonds at once failing which the Deputy Commissioner will get them arrested. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 83. ..

Category: Criminal Law | Date: 14 Nov, 1990 | Hits: 88

Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)

....directed that the said defendants be impleaded as respondents in the appeal. Murshed, CJ observed in that decision "that the provisions of Order XLI rule 20 are directed to serve the interest of justice. The primary requirement is that of dispensation of justice. It enables the Court, in approp......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

Nannu Gazi Vs. Awlad Hossain & others, 1990, 19 CLC (AD)

....t aside and it is directed that the case (GR Case No.1185 of the Court of Upazila Magistrate, Amtali) proceed according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 63. .......1. They assaulted the appellant and his labourers; accused No.1 dealt a dagger blow to him and snatched away his cash and obtained his signature on a blank stamp paper obviously for creating a false document of title over the land. The hearing of the case was fixed for 1.7 June 1985 for framing cha..

Category: Criminal Law | Date: 14 Aug, 1990 | Hits: 60

Golam Kader Vs. Abdul Khaleque Choukder and others, 1990, 19 CLC (AD)

....f Title Suit No.7 of 1969. In the said application the appellants stated that they are necessary parties in the present suit and as such they should be added as defendants in the suit for the ends of justice. 3. The plaintiffs opposed the application for addition of party contending that the ap...... the Code of Civil Procedure stating, inter alia, that they are plaintiffs in Title Suit No.7 of 1969, that the plaintiffs of the present suit for specific performance of contract created a collusive document in order to grab the property of Title Suit No.7 of 1969. In the said application the appel..

Category: Civil Law | Date: 13 Aug, 1990 | Hits: 94

State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)

....n the process of reasoning of the High Court Division in arriving at its findings and there has been manifest disregard of the accepted principles of appreciation of evidence occasioning a failure of justice Appellate Division can arrive at its own conclusion after reviewing the entire evidence and ......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

Keramat Ali Bhuiyan Vs. Ramizuddin Ahmed Bhuiyan, 1990, 19 CLC (AD)

.... even when passed and entered may be amended by the Court to carry out the intention and express the meaning of the Court of the time when the order was made, provided the amendment be made without injustice or on terms which preclude injustice." 5. Therefore, it will be seen that the que......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)

....f the law the Court cannot nullify it on the ground that it is harsh or cruel. However there is no such requirement in the Rules to assign reasons for termination. Similarly, the principle of natural justice by serving a show cause notice is also not applicable in this case as this principle has bee...... 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

Official Liquidator, East Bengal Commercial Bank Ltd. Vs. Mrs. Jahura Khatun & others, 1990, 19 CLC (HCD)

....e then, they have been continuously possessing the same as admitted by the plaintiff. The present application was filed in 1982 after about 16 years from the date of sale. In such a situation ends of justice demands not to interfere in such a case at such a belated stage. Mr. TH Khan, the learned......the head office and branches of the said Bank for safe‑guarding the interest of the creditors. Accordingly the District Authority locked and sealed the bank along with its branches and kept all the documents and papers in the safe custody of Kotwali Police Station, Mymensingh. On 28th March, 1956 ..

Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158

Attor Mia and another Vs. Mst. Mahmuda Khaton Chowdhury and others, 1990, 19 CLC (AD)

....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. ......y, the Courts below did not consider whether there was full performance of formalities in that there is no finding that appellant No. 1 expressed his readiness to pay the consideration written on the document of transaction. Fourthly, the Courts below did not consider whether respondent No. 3 sold h..

Category: Property Law | Date: 22 Jul, 1990 | Hits: 43

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.   ......th by the High Court Division In second appeal. 8. Mr. MH Khandker, the learned Counsel for the defendant-appellants, submits that a CS khatian, or, in other words, a record of rights, is not a document of title. It does not create or extinguish title to land. At best, along with other evidenc..

Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115

Idris Ali Bhuiyan Vs. Enamul Haque and another, 1990, 19 CLC (AD)

..... Before parting with this petition, it may be mentioned that this Division possesses a special power of review under the Constitution and 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 R......at 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 vendor of the plaintiff had knowledge of the impugned document beyond the period of limitation plaintiff’s subsequent knowledge within the period of..

Category: Property Law | Date: 17 Jul, 1990 | Hits: 30

Bijoy Kumar Basak Vs. Narendra Nath Datta & others, 1990, 19 CLC (HCD)

....he 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 1955 PC 185. Lawyer......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)

.... executed by all the remaining heir of the deceased will be seriously prejudiced if she is not allowed to proceed with the revisional application on the death of her husband and to secure the ends of justice she may be substituted in place of the deceased petitioner so as to enable her to proceed wi...... 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

AKM Hedayetul Islam Vs. Executive Vice Chairman, Bangladesh Agricultural Re­search Council and another, 1990, 19 CLC (HCD)

....he opportunity of adducing any evidence in his defence. The petitioner should get an opportunity of being heard in person and enquiry proceeding should not be conducted ex parte. Principle of natural justice should prevail. .................................... (3) The petitioner was an employee...... to the effect that the petitioner was not an employee under the Government and was an employee under the Bangladesh Agricultural Research Council being permanently absorbed there. Depending on these documents the learned Subordinate Judge came to the conclusion that the, petitioner was a permanent ..

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)

.... the aforesaid ground and in certain other circumstances has been well‑recognised and well established by the decision of this Court and other courts. This power to make such orders for the ends of justice to prevent abuse of the process of the Court has been expressly recognised in the case Amin ......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

Shahabullah (Md) Vs. The State, 1990, 19 CLC (AD)

....ze the services of a Magistrate in the manner Mr. Minhas allowed himself to be used in the present case, is calculated to affect the standing and respect of the Magistrate and even his capacity to do justice in cases coming before him. It cannot enhance the position of a person occupying a judicial ......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. ..

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. ...... an FIR to the effect that the accused‑petitioner as the owner of Saco Trading Company tried to clear a consignment of 640 watches contained 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 Regula..

Category: Fiscal/Taxation Law | Date: 11 Jun, 1990 | Hits: 80