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Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....¦°ŕ¦¨ŕ¦ľŕ¦˛ŕ¦Żŕ¦Ľ নির্দেশ প্রাপ্তির পর এই এজাহার করা হইল। 4. The police after investigation submitted charge sheet being No. 24 dated 26.1.91 under section 19(a) & (1) Arms Act read will Special Powers Act, 1974 and the case......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. ......Dhaka to show cause as to why proceeding of Special Tribunal Case No.60 of 1991 under section 19(a) and 19(f) of the Arms Act 1878, read with section 26 of the Special Powers Act, 1974, now pending before the Senior Special Tribunal Judge, Dhaka, should not be quashed. 2. At the time of issuing..Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92
Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)
....1990. Judgment ARM Amirul Islam Chowdhury J.- This Rule was issued calling upon the Deputy Commissioner, Moulvibazar and opposite party No.1 to show cause as to why the Judgment and order dated 2.5.89 passed by the Sessions Judge, Moulvibazar in Miscellaneous Case No.III of 1989 should n......ment made by Kiran Bala that Shefali is the elder sister of Rani Bala, finds corroboration in the report of the officer‑in‑charge. Further the radiologist of the Dacca Medical College, as already noticed, found Shefali to be aged about 16/17 years only. That being so on the materials so far plac......ssed as to this Court may seem fit and proper. 2. The facts giving rise to the present Rule are as follows: One Rafique Ullah, maternal grandfather of girl Sumati Begum, lodged a First information Report with Maulvibazar Police Station on 3.4.1989 stating therein that few months ago acc..Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
....vision No. 168 of 1991. Judgment Anwarul Haque Chowdhury J.-This First Miscellaneous Appeal by the Coal Controller, Directorate of Coal, Govemment of Bangladesh is directed against an order dated 11.8.90 passed by the Subordinate Judge and 1st Commercial Court, Dhaka in Misc. Case No. 109 ...... Coal Controller, from encashing the performance bond dated 16.5.89 when in fact no arbitration proceeding was pending any where under the said contract at the relevant time, The learned court issued notice upon the petitioner, namely the Coal Controller, and ordered to maintain status quo in Miscel......nd of fact and hence a pure question of law such as whether the exercise of the power of the Coal Controller is beyond the power and done in violation of the contract and mala fide, could be a matter for arbitration reference. The law in this regard is also well settled that when parties to bui..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)
....ase of Shriram Surajmal Vs. Shriram Aunwalla, 1936 Bom 285. 5. It appears from the judgment of the trial Court that it found that the plaintiffs were in possession of the disputed land since the date of settlement on the basis of Ext. I‑I(b) series i.e. to say the Hakum namas dated 10th Magh,......the reasons stated above, I set aside the judgment and decree of the lower appellate Court and restore those of the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 57. ......e of reversal passed by the learned Additional District Judge, 5th Court, Mymensingh reversing the judgment and decree of the learned Munsif. 2. The petitioners instituted OC Suit No.334 of 1977 for declaration of title in respect of 63 ½ acres of land appertaining to CS Dag No. 220 of K..Category: Property Law | Date: 30 Jan, 1991 | Hits: 2
Bangladesh Inland Water Transport Corpn & ors Vs. Nazma Flour Mills Ltd. & others, 1991, 20 CLC (AD)
.... the Appellants. SR Pal, Senior Advocate, instructed by Shamsul Huq Siddique, Advocate‑on‑Record‑ For the Respondents. Civil Appeal No.63 of 1990. (From the judgment and order dated 18 June, 1990 passed by the High Court Division, Dhaka in Civil Order No.1156 of 1990). ......itten contract. In between 1.9.1986 to 11.4.1987 the owners transferred the suit premises to the plaintiff respondents by 31 registered kabalas for valuable consideration. By separate registered notices of attornment dated 22.9.1986 they informed the Corporation about the transfer of the suit p...... 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 impression of Profulla Chandra for com..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)
.... rejected. 10. Annexure‑A to the affidavit‑in‑opposition is form 117 namely, the instrument of transfer of share. It is a photo copy of the alleged original instrument of transfer of share dated 20.8.89. Here the signature of the transferor as ‘I’ Siddiqui' being disputed ......ated 14.3.85 from Managing Director to the Assistant Executive Vice President, Islami Bank, Bangladesh Ltd. informing the change of Managing Director of the respondent company. Ext. 13 is a grievance notice dated 19.2.85 against removal of Mr. Ashraf Ali from the office of the Managing Director of t......of Directors were held which is apparent from evidence. It is further apparent that no resolution of the meeting of the Board of Director regarding alleged transfer of the shares have been produced before this Court. No audit report was submitted nor any profit and loss nor any dividend were shown g..Category: Company Law | Date: 19 Dec, 1990 | Hits: 195
State Vs. Md. Shafiqul Islam alias Rafique and another, 1990, 19 CLC (AD)
....Hossain, Advocate‑on ‑Record ‑ For the Appellant. Sharifuddin Chaklader, Advocate‑on‑Record-For the Respondents. Criminal Appeal No.4 of 1988. (From the judgment and order dated 10th February, 1986 passed by the High Court Division, Rangpur Bench, in Death Reference Case ......istrict Faridpur. On the following day his nephew P.W.11 Shahjahan informed him about the killing. P.W.1 reached the house of respondent No.1 at 5 PM and saw her daughter lying dead on the ground. He noticed burning signs on her head, face, nose, and lips and injury marks on different parts of her b...... a wife‑killing case, from its very nature, there could be no eye‑witness of the occurrence, apart from the inmates of the house who may refuse to tell the truth. The neighbours may not also come forward to depose. The prosecution is, therefore, necessarily to rely on circumstantial evidence. ..Category: Criminal Law | Date: 12 Dec, 1990 | Hits: 104
Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)
....For the Appellant Rafiqur Rahman, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record- For the Respondent. Civil Appeal No. 25 of 1988 (From the judgment and order dated 25 November, 1986 passed by the High Court Division, Dhaka in Civil Revision No.71 of 1981). ......on. The language of the impugned order indicates in unmistaken 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 ......the post of IPO without appearing successfully in the competitive examination of the Department. Any order of reversion after an incumbent's appointment' to a higher post and continuing there for some duration will surely cause a disappointment as he would no longer draw the benefits of that..Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112
Tayeb Ali Vs. Abdul Khaleque and others, 1990, 19 CLC (AD)
....enior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent No. 1. Ex parte-Respondent Nos.2‑10. Civil Appeal No.42 of 1985 (From the judgment and order dated 15.5.1983 passed by the High Court Division, Comilla Bench, in SA No.471 of 1973). Judgm......any time the present suit is not maintainable without a prayer for partition. Hence the appeal is dismissed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 87. ......eque and others.... Respondents Judgment November 27, 1990. Result: The appeal is dismissed. The Specific Relief Act, 1877 (I of 1877), Section 42 The suit being one for declaration of title to an unspecified share of an undivided plot of land and there being no evi..Category: Property Law | Date: 27 Nov, 1990 | Hits: 47
The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)
....the Appellant. Sirajul Huq, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Respondents. Criminal Appeal No.38 of 1986. (From the judgment and order dated 26.1.1986 passed by the High Court Division, Rangpur Bench, in Criminal Appeal No.285 of 1983)......m. He has referred to the conduct of that witness (P.W.7) and has argued that this witness was not acquainted with the Chairman but was interested only to save his life by fleeing away without taking notice as to the fate of others including the Chairman when attacked by the armed miscreants. ......n appeal, acquitting the two accused-respondents, who, along with another, had been convicted by the Additional Sessions Judge, Pabna, under sections 302/34 Penal Code and sentenced to transportation for life. 2. Prosecution case arises from an incident in which Mofizuddin (deceased) Chairman ..Category: Criminal Law | Date: 14 Nov, 1990 | Hits: 88
Narayan Chandra Sil Vs. Manhar Mandal, 1991, 20 CLC (AD)
....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. ......lication for setting aside the sale was not barred by limitation. Further, the appellate Court found that sale proclamation exhibit 1 (a) was proclaimed at the disputed property on 18.7.69 and at the notice board of the Court house on 22.7.69 fixing 11.8.69 for sale but the impugned sale took place ......e son of defendant No. 1 had knowledge of the execution case when he himself was a party in the execution proceeding. The High Court Division failed to consider that the decree was put into execution for realisation of decretal costs and the validity of the decree was not under challenge and the mai..Category: Property Law | Date: 11 Nov, 1990 | Hits: 50
Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
.... the house namely Holding No.300 (old), Road No. 25 Dhanmondi Residential Area, Dhaka which he constructed after obtaining lease of a plot of land from the Government under a registered deed of lease dated 26.6.57. Mr. Selim while serving in the United Nations Economic Commission for Asia and Far Ea......term Nos. 19 to 27 of the original lease Agreement made between the Government of East Pakistan and W. PBA Selim and the property was being treated as abandoned property the respondent issued several notices upon the occupants of the house to produce documents, etc. to establish title of the origina......haka which he constructed after obtaining lease of a plot of land from the Government under a registered deed of lease dated 26.6.57. Mr. Selim while serving in the United Nations Economic Commission for Asia and Far East in Bangkok, Thailand met with an accident and died on August 25, 1964. He left..Category: Property Law | Date: 5 Nov, 1990 | Hits: 95
Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)
....-For the Respondent No.2. Khalilur Rahman Advocate instructed by Md. Ataul Haque Advocate-on-Record-For the Respondent No. 3. Civil Appeal No. 27 of 1990. (From the Judgment and Order dated 27 th February, 1990 passed by the High Court Division, Dhaka in Company Appeal No.17 of 1986)......s acknowledged. The Company had issued balance confirmation certificates dated 12.12.79 in acknowledgement of its liabilities to the appellant but the Company did not adjust the same despite repeated notices and demands. The statutory notice under section 162 of the Act dated 7.8.82 was served by th......ed Judges in considering the appeal against a winding up order totally failed to keep in view the central question as to whether the Company was, commercially insolvent, because the basis of an order for winding up a company on the ground of its inability to pay its debts is always insolvency. A Com..Category: Business or Commercial Law | Date: 29 Aug, 1990 | Hits: 122
Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
....Miah Abdul Gafur, Advocate-on-Record-Respondent No.1. Ex parte - Respondent No.2. Moinul Huq, Advocate - Amicus Curiae. Civil Appeal No. 43 of 1989. (From the Judgment and decree dated 5th March, 1989 passed by the High Court Division, Dhaka in Appeal From Original Decree No.24 ...... Full Bench case of the Lahore High Court, Nanak Vs. Ahmed Ali AIR (33) 1946 Lahore 399 which has been followed in many subsequent cases and referred to by my learned brother Latifur Rahman, J may be noticed. In that case one Ahmed Ali brought a suit for the cancellation of a sale deed executed by o......ule 4 and 20 Whether the provision of rule 4 of Order 41 of the Code of Civil Procedure can be applied when the non‑appealing defendant has not been impleaded in the appeal at all and is not before the Appellate Court. The language of rule 4 of Order 41 of the Code creates a legal fictio..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
Sharif (Mohd) Vs. Mohd Obaidur Rahman & others, 1990, 19 CLC (HCD)
.... that case and counter-case over the self-same occurrence are to be tried by the same court in accordance with law one after another and the judgment is to be pronounced in both the cases on the same date by the same Magistrate so that there is no conflicting decision and the parties are not prejudi......155 of 1989 shall be kept intact and the further evidence which will be adduced by the petitioner shall be recorded by the Magistrate. Ed. This Case is also Reported in: 43 DLR (1991) 66. ...... date by the same Magistrate so that there is no conflicting decision and the parties are not prejudiced and the trying Magistrate also keeps the cases of both parties in his mind. The procedure for trial of counter-cases by the same court is founded on a sound principle of criminal trials, Tri..Category: Criminal Law | Date: 21 Aug, 1990 | Hits: 80
Wajear Rahman Moral (Md) Vs. The State, 1990, 19 CLC (AD)
....mated to imprisonment for life when the accused suffered agony of death due to long delay in executing death sentence The death sentence has not been executed after more than four years from the date of confirmation of the sentence by the High Court Division and the appellant has suffered a pro......at first noted that" Accused Waziar is absconding. Judgment in not ready. To 9.6.83 for delivery of judgement". In the next sentence it was, however, written: "It has come to the notice of the Court that the accused Waziar is in the custody of central jail, Jessore in another ca......he accused to an order of acquittal when there is his clear confession admitting his guilt Statements elicited from a witness in cross examination, the most effective of all means ever invented for the discovery of truth and exposing falsehood, are a part, a very important part, of evidence be..Category: Criminal Law | Date: 20 Aug, 1990 | Hits: 84
State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)
.... instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondents Nos. 1 and 3-4. Ex‑parte ‑ Respondent No.2. Criminal Appeal No. 30 of 1986. (From the Judgment and Order dated 20.5.85 passed by the High Court Division, Barisal Bench in Criminal Appeal No.9 of 1982.) ......is evidence that after the recovery of the dead body of Abdul Hakim from the ditch, PWs 4 and 5 informed him and others that they had seen the dragging of Abdul Hakim by the respondents. It. has been noticed that PWs 4 and 5 along with others accompanied PW 1 to the house of Nurul Haque and the reco......ich gave rise to the present case. P.W.1, Abdur Rab Talukder is the elder brother of deceased Abdul Hakim. They used to live in separate houses in the same village. P.W.1 Abdur Rab Talukder was the informant in this case but he is not an eye‑witness of the occurrence. He, however, stated in his ev..Category: Criminal Law | Date: 9 Aug, 1990 | Hits: 50
Keramat Ali Bhuiyan Vs. Ramizuddin Ahmed Bhuiyan, 1990, 19 CLC (AD)
....ion is dismissed. The Code of Civil Procedure, 1908 (V of 1908) Order IX, Rule 9 Whether there is any necessity to condone the delay when defendant was prevented from information about the date of hearing due to the mistake or default of the court or its officers When an injury is c......ivil Procedure for restoration of the suit alleging that the record of the suit was sent to the High Court Division in connection with FA No.226 of 1974 sometime in 1976 and upon its receipt back, no notice was given either to the respondent or to his learned advocate and thus the respondent was pre......sult: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908) Order IX, Rule 9 Whether there is any necessity to condone the delay when defendant was prevented from information about the date of hearing due to the mistake or default of the court or its officers ..Category: Procedural Law | Date: 8 Aug, 1990 | Hits: 108
Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan (Md) & others, 1990, 19 CLC (AD)
....cate-on-Record -For the Respondent No.1 (In all the appeals). Not represented - Respondent Nos.2-3 (In all the appeals). Civil Appeal Nos.33 to 39 of 1990. (From the judgment and order dated 13.11.89 passed by the High Court Division, Dhaka, in Writ Petition Nos.167, 168, 169, 170, 21......loyees of the Bangladesh Parjatan Corporation, a statutory body, established under PO No. 143 of 1972 This Rule does not require the Corporation to assign any reason or to serve any show‑cause notice, for termination of an officer/employee. This provision for termination is undoubtedly a hars......1990. Result: All the appeals are allowed. Bangladesh Parjatan Corporation Service Rules, 1980; Rule 41 sub‑rule (2) Clause (iv) Whether any reason was required to be assigned for termination of the services of the respondents, who were employees of the Bangladesh Parjatan Co..Category: Employment/Service Law | Date: 8 Aug, 1990 | Hits: 101
Kazi Abdul Jalil Vs. Jashim Munshi and another, 1990, 19 CLC (AD)
....ynul Abedin, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Not Represented-Respondents. Criminal Appeal No.7 of 1986. (From the judgment and order dated 1.8.1984 passed by the High Court Division, Barisal Barisal0 Criminal Revision No.11 of 1984)....... The impugned order of the High Court Division is set aside and that of the Sessions Judge is restored. The appeal is allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ...... 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 there was no time‑limit for its conclusion. Had this provision been intended to be mandatory, the consequence for non‑comp..Category: Criminal Law | Date: 6 Aug, 1990 | Hits: 50
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