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State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)
....en able to prove its case beyond reasonable doubt. The High Court Division having discarded the said considerable direct evidence upon certain grounds which have been alleged to be not legitimate and proper, it was felt that the matter required looking into the evidence by this court in the interest......riminal) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J State................................... Appellant Vs. Abdus Sattar and others..........Accused-Respondents Judgment August 9, 1990. Result: The i......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
Afruz Miah (Md) and another Vs. Alhaj Md. Siraj Miah, 1990, 19 CLC (AD)
....was completely of unsound mind. It is stated in the plaint that taking advantage of his mental illness appellant No. 1 in collusion with others created a false deed of partition on 1.7.81 to grab the property of deceased Siraj Miah including the land and building of the said "Hotel Al-Amin"...... ......ahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Afruz Miah (Md.) and another..................... Defendant-Appellants Vs. Alhaj Md. Siraj Miah being dead his legal heirs: Karimunnessa and others ... Plaintiff-Respondents Judgment August 5, 1990. ..Category: Procedural Law | Date: 5 Aug, 1990 | Hits: 91
....g and misplaced in the Malkhana of the Kotwali Police station, Mymensingh. After taking over charge the present Liquidator found that the aforesaid bank in liquidation was the owner of some immovable properties in Mymensingh town as given in paragraph 19 of the charge report. It is alleged that Mr. ......cial Bank Ltd. (in liquidation)" a banking company was incorporated in the year 1921 under the Indian Companies Act, 1913. The said Bank with all its branches suspended, its functions in August, 1948 and in 1949 the Government advised the District Magistrate, Mymensingh, to lock and seal the head of......d decree, preferred an appeal being OC Appeal No. 45 of 1977 and the same is pending in the Court of the District Judge, Mymensingh.
3. It is further alleged that the defendant Nos. 2‑5 are in illegal possession of the said properties as shown in the schedule of the plaint. The defendant Nos. 2..
Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
Attor Mia and another Vs. Mst. Mahmuda Khaton Chowdhury and others, 1990, 19 CLC (AD)
....led by both the parties and the two Courts below arrived at conflicting findings, the High Court Division as the revisional Court has to see whether the Trial Court's finding had been reversed on proper consideration of evidence. When evidence on all material points are there on record, the revi......8. ......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
Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)
....stern side and reside at the western side of the premises. He sold away the movables to P.W.6 Probhash Chandra Pal on 19.11.58 and left for India. The plaintiff-respondent took possession of the suit property after the gift on 6.3.61 and the said P.Ws.4 and 6 used to run the biscuit factory. The def......bt indicative of a mere tenant‑at‑will without any transferable or heritable interest, but the word cannot be limited to a mere tenant‑at‑will under all circumstances - the subsequent history and attendant circumstances are relevant facts to be taken into consideration in determining the cha......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. ..Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115
Idris Ali Bhuiyan Vs. Enamul Haque and another, 1990, 19 CLC (AD)
....ed as void, delivered up and cancelled and declaring that the so‑called sale deed transferring to the defendant No. 1 2 annas 6 gondas 2 Karas and 2 karanti share of Syed Wazed Ali Azam in the suit property is not binding on the plaintiff. (b) For a decree declaring the title to the share of ......on (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Idris Ali Bhuiyan ...........................Petitioner Vs. Enamul Haque and another....................Respondents Judgment July 17, 1990. Result: The r......d 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 Reported in: 43 DLR (AD) (1991) 12. ..Category: Property Law | Date: 17 Jul, 1990 | Hits: 30
Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)
.... Cr LJ 16 [J16 and AIR 1962 (Mysore) 275. The principle on which hearing a proceeding is allowed to continue after the death of the accused appears to be that the sentence of fine may affect the properties falling in the hands of the legal representatives of the accused and in such circumstance......power is reflected in this order either in section 522 or in any other section of Cr. PC. the learned Additional Sessions Judge has not passed any order for re-delivery of possession of the disputed land to the informant petitioner. He has acquitted accused Idris Ali Dewan of the charge under sectio......5. The principle on which hearing a proceeding is allowed to continue after the death of the accused appears to be that the sentence of fine may affect the properties falling in the hands of the legal representatives of the accused and in such circumstances the legal representatives of the accu..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. ......R (AD) (1991) 28. ......of 60 days in filing such appeal. Admittedly the appeals were barred by 48 days and the learned Judges of the High Court Division condoned the delay under section 5 of the Limitation Act. 4. The legal questions that have been raised in Civil Appeal Nos.13 and 14 of 1990 relating to applicabilit..Category: Limitation Law | Date: 25 Jun, 1990 | Hits: 176
Dr. Naimur Rahman and another Vs. Shahbazpur Tea Co. Ltd and another, 1991, 20 CLC (AD)
....ust demand, or where the proceeding started is a clear abuse of the process of the Court, then the Court has got inherent jurisdiction to stay further proceedings till the dispute is adjudicated in a proper forum. The Court has also got inherent power to stay further proceeding "for ends of jus...... Ed. ...... Act, 1913. 2. The applications for winding up were filed on the grounds, amongst others, that the substratum of the respondent companies is lost, that Respondent No. 2 by his unauthorised and illegal acts and omissions reduced the companies to a proprietary concern, that no annual general meet..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)
....Industries (Bangladesh) Ltd. and others.......................Respondents Judgment June 17, 1990. Result: The Application is allowed. No transfer can be registered without a proper instrument of transfer and share certificate and the company will be perfectly justified to r...... (Original Civil jurisdiction) Present: Md. Mozammel Hoque J Sher Ali Amir Ali Virjee.................................... Petitioner Vs. Eastern Industries (Bangladesh) Ltd. and others.......................Respondents Judgment June 17, 1990. Result: Th......ather, respondent No.3 to Dhaka on 22nd March, 1986, Thereafter the petitioner Mr. Sherali Amir Ali Virjee, who is a notorious person and a leader of local mastaans, in presence of respondent No.3, illegally removed industrial raw materials as well as finished products and cash of Tk.75 lacs from th..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
Shahabullah (Md) Vs. The State, 1990, 19 CLC (AD)
....cision was overruled by five judges in the State of Bihar Vs. gaswan Singh AIR 1958 (Sc) 500. It was held that evidence of a trap witness is to be tested in the same way as any other witness and in a proper case the Court may look for independent corroboration before convicting the accused. This vie......erial particulars, such principle cannot be extended to the evidence of trap witnesses, 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......ecution case, in brief, is that the appellant, Secretary‑in‑charge of the Mitford Hospital, Dhaka demanded from PW 1, Amjad Hossain, a supplier of vegetables to that hospital, Tk. 200/‑ PM as illegal gratification for the acceptance of the goods supplied. After paying Tk. 200/‑ for three mon..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. ......not mentioned in the first FIR on the basis of which on completion of investigation the police submitted final report which was accepted by the learned Magistrate. Abdus Salam Master alias Salam and another Vs. The State referred. No prima facie can be based on suspicion. 28 DLR (AD) ...... facie can be based on suspicion. 28 DLR (AD) 38 and 27 DLR (AD) 29 cited. In the first case under reference three categories of case have been mentioned where the court can quash a pending legal proceeding (1) Where the facts alleged are so preposterous that they cannot from the basis of ..Category: Fiscal/Taxation Law | Date: 11 Jun, 1990 | Hits: 80
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....gistration of transfer of shares has been laid down in section 34 of the Companies Act. Sub‑section(3) of this section provides that no transfer of shares shall be lawful unless it is effected by a proper instrument of transfer duly stamped and executed by both the transferor and the transferee an......e is also Reported in: 43 DLR (AD) (1991) 34. ......d circumstances of the case it is found that the fact involved are not of complicated nature calling for a detailed investigation in a separate forum. As such High Court Division did not commit any illegality in deciding the same in summary proceedings. The Limitation Act, 1908 (IX of 1908), Ar..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
Siddik Ali Vs. Nurun Nessa Khatun and others, 1990, 19 CLC (AD)
....is vendor's case of holding over let us refer to section 116 of the Transfer of Property Act. The section reads as follows: "116. Effect of holding over.- If a lessee or under-lessee of property remains in possession thereof after the determination of the lease granted to the lessee, a......preme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ ME Rahman J Mustafa Kamal J Latifur Rahman J Siddik Ali being dead his heirs: Afia Rahman and others...................Appellants Vs. Nurun Nessa Khatun and others ......................llows: "116. Effect of holding over.- If a lessee or under-lessee of property remains in possession thereof after the determination of the lease granted to the lessee, and the lessor or his legal representative accepts rent from the lessee or under-lessee, or otherwise assents to his conti..Category: Property Law | Date: 28 May, 1990 | Hits: 57
....tion in connection therewith at Annexure V dated April 19, 1990 to be without lawful authority and of no legal effect or such other or further order or orders passed as to this Court may seem fit and proper".
2. In this case election of Chairman, Gaibandha Sadar Upazila Parishad was held o......
Fazle Hussain Mohammad Habibur Rahman J
Kazi Ebadul Hoque J
Abdur Rouf Mia................................Petitioner
Vs.
The Ministry of Local Government, Rural Development and Co‑operatives and others .................Respondents
Judgment
May 24, 1990.
Up......re the Presiding Officer or pray for recounting the ballots. In this case the petitioner filed an application before the Chief Election Commission for recounting and the Chief Election Commissioner illegally and arbitrarily passed an ex parte order for recounting without any enquiry without giving R..
Category: Election Law | Date: 24 May, 1990 | Hits: 101
Fazal & others Vs. State, 1990, 19 CLC (HCD)
.... 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 to bring home to him the exact case. It is intended for the protection and......itioners Vs. The State ........................................Opposite party Judgment May 14, 1990. Result 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 d......e 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 & others Vs. Matia..Category: Criminal Law | Date: 14 May, 1990 | Hits: 66
Sonali Bank Vs. Nurul Kader and another, 1990, 19 CLC (HCD)
....as been held: "There is no provision in the rules of the High Court for re‑admission of the appeal dismissed under its rules, the High Court is not powerless to grant relief sought for in proper circumstances and can do so in the exercise of its inherent powers under section 151 of the C......onali Bank………………………………………………….Petitioner Vs. Nurul Kader and another……………………………&......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
Kanak Mala Vs. Md. Safiuddin & others, 1990, 19 CLC (HCD)
....ly set aside and the suit is dismissed. In the result, the Rule is made absolute as indicated above without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 38. ......nsfer of Property Act, 1882, for vacating a suit premise shall be for six months. Section 18 of Premises Rent Control Act, 1991 puts emphasis on the bona fide requirement of the premises by the landlord. The premises in question must be required for a particular purpose. ......te ‑For the Petitioner. Golam Rabbani, Advocate ‑ For the Opposite Party No.1. Civil Revision No. 1015 of 1988. Judgment Syed Fazle Ahmed J. - This Rule calls in question the legality and propriety of the Judgment and decree dated 30.6.88 passed by Subordinate Judge, 4th Cou..Category: Property Law | Date: 5 Apr, 1990 | Hits: 74
Sonali Bank Vs. M/s Begg & Beg Jute Incorporated Limited & others, 1990, 19 CLC (HCD)
....foresaid pledge of jute goods. The cash credit limit of 5 lacs was renewed and enhanced to Tk.40 lacs in the year of 1976‑77 against pledge of jute goods and equitable mortgage of the schedule property at Block No.NE(K) Plot No.11, Road No.83, Gulshan Model Town, Dhaka. The above limit of Tk.......the date of the decree or from the date of the decree till realisation is purely a matter of discretion of the Court.....................(9) Cases Referred to- Dawoodbhai Kassemji Matiwalla and another Vs. Shaikhalibhoy, AIR 1953 (Born) 445; Kishenlal and others Vs. Radhalal and other......efence side did not pay as promised in satisfaction of the plaintiff's dues. There was dues and owning a sum of T'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 th..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)
....r courts have always expressed opinions in favour of non‑interference unless the findings are perverse causing injustice or the Arbitrator has misconducted himself or the proceedings or the award improperly procured or it was otherwise invalid. In the instant case the Port Authority had chosen not......iction) Present: Muhammad Sohrab Ali J Md. Badruzzaman J M/s. Rising Sun Traders Ltd.............................................Appellants Vs. Chittagong Port Authority and another..............................Respondents Judgment March 28, 1990. Result:......ttled that Arbitrators are not bound to give time and notice if they are satisfied that a particular party does not intend to appear and is deliberately keeping away............ (18) There is no legal requirement that the arbitration should be completed within a stipulated period of time. The c..Category: Alternative Dispute Resolution | Date: 28 Mar, 1990 | Hits: 176
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