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....mit to Taka 1 crore 75 lacs against a pledge of raw jute only for a period upto 31.3.96 and that at present most surprisingly and shockingly there is no pledge whatsoever of any raw jute or any other property and also in view of the fact that the cash credit limit had expired on 31.3.86 and conseque...... Case is also Reported in: 45 DLR (HCD) (1993) 8.......sand) in not repaying the dues to the Agrani Bank ( BB Road Branch, Narayanganj), (Respondent No.6) should not be declared to have been passed erroneously without any lawful authority and to be of no legal effect.
2. Subsequent to the issuance of the Respondent No.1, Bangladesh Bank, respondent 2..
Category: Banking Law | Date: 27 Aug, 1991 | Hits: 180
BD Sangbadpalra Parishad (BSP) Vs. Government of the People's Repub. of BD, 1991, 20 CLC (AD)
....rsonal interest in the subject matter. We, therefore, find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991)126. ......presented by its Secretary General Anwarul Islam........ Petitioner Vs. The Government of the People's Republic of Bangladesh, represented by its Secretary, Ministry of Information and four others ..................Respondents Judgment July 15, 1991. Result: ......ation of the fundamental right of freedom of the press under Article 39 of the Constitution almost everybody including the petitioner had/has interest to challenge the Act and the impugned award as illegal and unconstitutional since such right of freedom of the press has wider import and universal a..Category: Constitutional Law | Date: 15 Jul, 1991 | Hits: 251
Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)
....ntly he proposed to the plaintiffs for selling the suit land in the first part of Falgoon 1384 BS. As the plaintiffs earlier purchased some lands in the suit plot, so they agreed to purchase the suit property also from the defendant No.1. Accordingly, in pursuance of a talk between them the price of......rt High Court Division (Civil Revisional Jurisdiction) Present: Habibur Rahman Khan J Jonab (Md.) Ali …………….................Petitioner Vs. Md Moslemuddin and another………….…Opposite Parties Judgment June 3, 1991. Result: The ......basis of oral contract against the weight of evidence. Mr. Dastagir submits that the evidence adduced by the plaintiffs is not only discrepant and contradictory but it lacks the requisite standard of legal evidence to prove an oral contract. The learned Advocate further submits that while placing re..Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958
....nt No.4) shall put the fishery in question in public auction on 1st or 2nd Baisakh, 1399 BS or within a week from 1st Baisakh, 1399 BS.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 1.
......
Mainur Reza Chowdhury J
Nilkhi Arial Kha Matsyajibi Samabaya Samity Ltd. represented by its President Md. Alimuzzaman Khalashi.................Petitioner
Vs.
The Secretary, Ministry of Land and others ..............Respondents
Judgment
May 30, 1991.
Lawyers Involved:
Subra...... 31.1.89 executed by respondent No.4, Additional Deputy Commissioner (Revenue), Madaripur in favour of the petitioner should not be declared to have been made without lawful authority and to be of no legal effect.
2. The case of the petitioner Nilkhi Arial Kha Matsyajibi Samabaya Samity Ltd. repr..
Category: Property Law | Date: 30 May, 1991 | Hits: 85
....nation and that during liberation movement said Qumrul Hoque left Bangladesh with members of his family and did not return back and so the holding in question vested in the government as an abandoned property.
7. Mr. Mahfuzur Rahman, learned Advocate appearing for the petitioner, submits that the......ision
(Special Original Jurisdiction)
Present:
Md. Abdul Jalil J
Qazi Shafiuddin J
Rahela Khatun.....................Petitioner
Vs.
Chairman, Court of Settlement, Bangladesh Abandoned Buildings, Segunbagicha, Ramna, Dhaka and others.................Respondents
Judgment
......orks to show cause why the said judgment and order passed by the Settlement Court, Dhaka on 23.2.89 in case No.1043 of 1987 should not be declared to have been made without lawful authority and of no legal effect.
6. The respondent No.2 Government of Bangladesh, filed an affidavit‑in‑oppositi..
Category: Property Law | Date: 12 Mar, 1991 | Hits: 77
Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)
....ould not be set aside and why the victim girl Sumati Begum (petitioner) should not be given in custody of her husband or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts giving rise to the present Rule are as follows: One Rafique Ullah,....... Rafiqueullah, 2. The State .........................Opposite‑Parties Judgment February 13, 1991. Result: The Rule is discharged. Cases Referred to- Sukhendra Chandra Das Vs. the Secretary, Ministry of Home Affairs, 42 DLR 79; Krishna Pada Datta Vs. Ministry of......rs as in the circumstances of the case, the Magistrate might deem proper. The abducted girl was no doubt a witness in the case but she cannot be detained against her will specially in the case of a legally wedded woman." In coming to the above conclusion the learned Judges also considered se..Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
....the learned Advocate has reference to the written argument filed in court today at the time of delivery of judgment and we have tried to refer all the points submitted in that written argument in its proper perspective. Lastly, it has been submitted by the learned advocate that even if the applicati......Hoque J Coal Controller..........................Appellant Vs. Ventura Industries Ltd…………………Respondent Judgment February 3, 4 and 5, 1991. Result: The Rule is also discharged. An arbitrator exercises a quasi jud......itrary, mala fide and it has been specifically alleged that this power had been exercised by the Coal Controller going beyond the power given by the contract and by violating the terms of contract, illegally and that being the position, the said order should be stayed by an order of ad‑interim inj..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)
....ch was refuted by the Company. Thereafter the said Bank filed Miscellaneous Case No. 70 of 1980 under Article 33 of the Shilpa Bank Order, 1972 and obtained an order of ad‑interim attachment of the property, of the Company mortgaged against the loan under Article 33(3) of the Shilpa Bank Order. Th......dul Jalil J Qazi Shafluddin J Mirza Ali Ashraf..................................Petitioner Vs. The State, represented by the Secretary, Ministry of Home Affairs, Government of Bangladesh and others ..........................Respondents. Judgment February 3, 1991. Cases Referred...... 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 Bank fi..Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184
Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)
.... 4. The learned Advocate for the petitioner assailed the judgment and decree of the lower appellate Court on several grounds. He submits first, that the judgment of the lower appellate Court is not a proper judgment of reversal inasmuch as the lower appellate Court in reversing the finding of posses...... This Case is also Reported in: 46 DLR (HCD) (1994) 57. ......and thereby committed an error of law in its decision. Mr. Rashid, placing reliance upon Order 8 rule 5 CPC further submits that the defendant No.4 does not suffer from any disability. Therefore, the legal consequences of Order 8 rule 5 CPC in absence of any denial of the allegation made in the plai..Category: Property Law | Date: 30 Jan, 1991 | Hits: 2
Baneazuddin Ahmed and others Vs. The State, 1991, 20 CLC (AD)
....l Procedure, 1898 (V of 1898), Section 498 Whether in view of the ad interim bail granted by the lower Appellate Court to move the High Court Division in revision, the High Court Division acted properly in refusing the prayer for bail and at the same time directing the appellants to surrender ......LR (AD) (1991) 123. ...... on bail already granted, till disposal of the Criminal Revision No. 21 of 1989 pending before the High Court Division, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 123. ..Category: Criminal Law | Date: 15 Jan, 1991 | Hits: 42
Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)
....the same manner with other shareholders of the company. They have been running the affairs of the company arbitrarily without consultation with the company's Board of Directors. The Company's properties are mortgaged to the respondent No. 15 for taking huge loan but the same has not been fil......vil Jurisdiction) Present: Md. Mozammel Hoque J Md. Ismail Siddique.......................................................Petitioner Vs. M/s. Crescent Apparels (Private) Ltd. and others...............Respondents Judgment December 19, 1990. Result: The pra......ompany and respondent No. 3 had 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..Category: Company Law | Date: 19 Dec, 1990 | Hits: 195
State Vs. Md. Shafiqul Islam alias Rafique and another, 1990, 19 CLC (AD)
.... criminal cases section 106 of the Evidence Act is attracted in exceptional cases where a relevant fact is pre‑eminently within the knowledge of the accused. The rationale is simple. It is just and proper that the accused is to prove a fact that is especially within his knowledge because he could ......al J Latifur Rahman J The State, represented by the Solicitor to the Government of the People's Republic of Bangladesh ......Appellant Vs. Md. Shafiqul Islam alias Rafique and another........................Respondents Judgment December 12, 1990. Result: ......espondent No. 1 is directed to surrender to his hail bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ..Category: Criminal Law | Date: 12 Dec, 1990 | Hits: 104
Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)
....ts fill permanent posts by employees subject to a condition of termination of employment by notice. The Government could fill the post in this manner if the Government was unable to get a person with proper qualifications and was filling the post as interim measure till it secured a person with prop...... be any promotion to 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...... was asked to join in Mymensingh Office. 4. Respondent instituted OC Suit No. 253 of 1976 in the Court of Munsif, Netrokona for a declaration that the aforesaid order dated 26th June, 1976 was illegal and void. 5. The appellant contested that suit asseruing, inter alia, that the plaintiff ..Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112
Shambhu Nath Poddar Vs. Bangladesh Railway and others, 1990, 19 CLC (AD)
....to any negligence and misconduct of the Railway servant and its agent dealing with the said parcel and as such the Railway is not liable to pay for the loss. Defendants’ case is that, they took proper care in carrying the goods in transit as bailee and there being no gross negligence on the pa......habuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Shambhu Nath Poddar.....................Plaintiff-Appellant Vs. Bangladesh Railway and others....................... ..Defendant-Respondent Judgment November 19, 1990. ......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
Narayan Chandra Sil Vs. Manhar Mandal, 1991, 20 CLC (AD)
.... was served upon the land in disputes and that the auction purchaser never took delivery of possession by beat of drum through court. The appellant came to know about the auction sale of the disputed property from one Sambhu Nath Agrason for the first time on 8.6.1970 and filed the case for setting ......) (1991) 152. ......ider that the decree was put into execution for realisation of decretal costs and the validity of the decree was not under challenge and the main question was whether the auction sale was validly and legally held. It appears that the High Court Division did not apply his judicial mind to those mater..Category: Property Law | Date: 11 Nov, 1990 | Hits: 50
Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....d order of the Court of Settlement made in case No.230 of 1987 refusing to exclude the building, being the Holding No.300 (old) Road No.25, Dhanmondi Residential Area Dhaka from the list of abandoned property should not be declared to have been made without any lawful authority and are of no legal e......tion) Present: AM Mahmudur Rahman J Mainur Reza Chowdhury J Farida Aziz....................Petitioner. Vs. Government of Bangladesh, represented by the Secretary, Ministry of Works and Urban Development, Secretariat Building, Dhaka and another..................Respondents Judgm......ng, being the Holding No.300 (old) Road No.25, Dhanmondi Residential Area Dhaka from the list of abandoned property should not be declared to have been made without any lawful authority and are of no legal effect. 2. The facts giving rise to this Rule are: Mr. PBA Selim was the original owner ..Category: Property Law | Date: 5 Nov, 1990 | Hits: 95
A Gafur alias Haji Abdul Gafur & others Vs. Jogesh Chandra Roy and another, 1990, 19 CLC (AD)
....1983 which was heard and disposed of by the Sessions Judge, Dinajpur, by an order dated 8 August 1983. The learned Sessions Judge found that the training of the charges against the appellants was not proper and that on conclusion of evidence led by the prosecution they were not examined under s. 342......resent: Shahabuddin Ahmed CJ MH Rahman J Mustafa Kamal J Latifur Rahman J A Gafur alias Haji Abdul Gafur & others.................Appellants Vs. Jogesh Chandra Roy and another.............................Respondents Judgment August 27, 1990. ......ted that the accused be examined under s. 342 Cr.P.C. by the Trial Court and thereupon the case be disposed of according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 62. ..Category: Criminal Law | Date: 27 Aug, 1990 | Hits: 76
Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
....endency of the appeal necessary parties are brought on record. 11. There is a long line of decisions of this sub‑continent that rule 4 of Order 41 of the Code will apply provided the appeal is properly constituted. In the case of Shah Muhammad and others Vs. Muhammad Bakhsh reported in PLD 19......n: 43 DLR (AD) (1991) 156. ......dure 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 fiction in the sense that the appeal filed by some of the defendants will be treated to be an ..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
Abul Kashem @ Kashem Vs. State, 1990, 19 CLC (HCD)
....em and sent them to the Court but no charge‑sheet was submitted against Chand Bahar. He admitted that the accused is a rickshaw puller and denied the suggestion that he did not investigate the case properly. 15. The above are all the oral evidence to prove the prosecution case. 16. From the ......bdul Mannan, Assistant Attorney General with JK Paul, Advocate‑ For the State. Criminal Appeal No. 210 of 1989. Judgment Abdul Bari Sarker J. - This appeal is directed against the judgment and order of conviction and sentence passed by Mr. Md. Abdul Hannan, Assistant Sessions Judge and Sp...... conviction of the accused appellant and the conviction is without any evidence whatsoever. He further contends that as the schedule and non‑schedule offences were charged together, the charge is illegal and the trial is vitiated by illegality. 8. Now let us see what evidence the prosecution ad..Category: Women and Children | Date: 15 Aug, 1990 | Hits: 99
Mahbubul Alam Chowdhury and others Vs. Chaman Ara Begum and others, 1991, 20 CLC (AD)
....pondents Judgment August 14, 1990. Result: The appeal is dismissed. The Partnership Act, (IX OF 1931); Section 14 and 69(2) Whether the immovable town and country properties of Schedules 1Ka, 2, 3 and 5 of the plaint, standing jointly in the names of the predeces......1991) 121 ...... 14, however, includes a fifth kind of property and rights and interest in property if the same is acquired with money belonging to the firm, "unless the contrary intention appears". Thus a legal fiction has been created. Though property acquired with money belonging to the firm may not ha..Category: Civil Law | Date: 14 Aug, 1990 | Hits: 121
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