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Dhanu Mia (Md) and another Vs. The State, 1991, 20 CLC (AD)
....of the Deputy Commissioner, Comilla till disposal of the Criminal Appeal No.137 of 1988 now pending in the High Court Division. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121. ......of the Deputy Commissioner, Comilla till disposal of the Criminal Appeal No.137 of 1988 now pending in the High Court Division. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121. ......f the Criminal Appeal No.137 of 1988 now pending in the High Court Division. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121. ...... (From the judgment and order dated 14.12.1988 passed by the High Court Division, Comilla Bench in Criminal Appeal No. 137 of 1988). Judgment: Latifur Rahman J.- This appeal calls in question the judgment of the High Court Division, Comilla Bench, passed in Criminal Appeal No. 137 o..Category: Criminal Law | Date: 25 Feb, 1991 | Hits: 45
Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
.... place of his official residence at "Senabhabon" on 12.12.90 and the arms were recovered between 22.12.90 and 29.12.90 and, it cannot therefore be said that the arms were recovered from his possession and control and as such, the petitioner has not committed any offence punishable under se......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. ......essed any opinion about the merit of the Criminal Proceeding sought to be quashed. Ed. This Case is also Reported in: 43 DLR (1991) 150. ......st of arms as exemption to the rule in the notification, it is difficult to ascertain whether the petitioner enjoys the exemption from having licence in respect of all the arms seized. This being the question of fact, we are not inclined to embark upon further discussion and determination of the sai..Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92
Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)
.... stayed for 15 days from today. The Rule is accordingly discharged. Communicate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ...... stayed for 15 days from today. The Rule is accordingly discharged. Communicate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ......cordingly discharged. Communicate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ......to be restored to her parent. 9. In the instant case there is no dispute that according to the FIR dated 3.8.88 and the medical report dated 23.1.89 the victim girl is over 16 years of age. The question before us is whether she (being not an accused in the case) be kept in judicial custody and..Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157
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 ......physical/chemical I test, to be carried out at the Bangladesh Standard and Testing Institution, Tejgaon. In case of difference in specification and size between the contractual specification and post landing analysis report, both the buyer and seller may jointly nominate and appoint an inspection ag......ercises a quasi judicial function. He is both a judge of law and 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 la...... Judgment February 3, 4 and 5, 1991. Result: The Rule is also discharged. An arbitrator exercises a quasi judicial function. He is both a judge of law and 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..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)
.... 30.7.86 the order of status‑quo was vacated with direction to dispose of the Miscellaneous Case early. The Bank however withdrew the said Miscellaneous Case. Thereafter the said Bank took forcible possession of the Mill of the Company and compelled the petitioner to write some letters and to sign......tension by Annexure 'C' dated 24.2.97 and 23.5.97 respectively to the petition are declared to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ......ctively to the petition are declared to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ......he Shilpa Bank Order for filing a Certificate case and also invoked Article 34 of the Shilpa Bank Order. The Company filed Civil Revision No. 193 of 1986 in this Court against the order of attachment questioning the applicability of Article 35(2) of the Shilpa Bank Order and this Court while issued ..Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184
Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)
.... acres of land from Wazid Ali Khan Punni on 5th Aswin, 1353 BS, 18½ acres of land from Bankim Charan and Kulada Charan on 10th Chaitra 1353 BS and since settlement they have been in continuous possession in the disputed land. On the death of Abdur Rahim Sarker plaintiffs Nos.1‑10 and plaint......e, 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 Khatian Nos. 26, 27, and 35 of Mouza Daosa, PS Fulbaria Distr......rs Involved: Abdur Rashid, Advocate‑For the Petitioners No one‑For the Opposite Parties. Civil Revision No. 1352 of 1980. Judgment AM Mahmudur Rahman J.- This Rule is against the judgment and decree of reversal passed by the learned Additional District Judge, 5th Court,......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. ..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)
....se under section 73 of the Evidence Act. We find no substance in this appeal and it is, accordingly, dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 122. ......e is also Reported in: 43 DLR (AD) (1991) 122. ......Respondents Judgment January 30, 1991. Result: The Appeal is dismissed. The Evidence Act, 1872 (I of 1872), Section 73 Whether the High Court Division acted illegally in giving the impugned direction instead of directing examination of the thumb impression of the all......he impugned documents by an expert. Before the Trial Court there was no admitted Signature of thumb impression of Profulla Chandra for comparing the thumb impression or signature in the deed in question. This is a case for eviction and not one for determination of title between the two competi..Category: Procedural Law | Date: 30 Jan, 1991 | Hits: 108
Baneazuddin Ahmed and others Vs. The State, 1991, 20 CLC (AD)
.... 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. ...... 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. ......nal Revision No. 21 of 1989 pending before the High Court Division, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 123. ......al application was moved before the High Court Division on 25.1.89 with the certified copy of the order of the lower Appellate Court granting ad interim bail to the appellants. 3. The pertinent question that now comes up for consideration in this appeal is, whether in view of the ad interim ba..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)
....ka, is hereby wound up from today. The Official Receiver of the Government of Bangladesh is appointed as Official Liquidator of the aforesaid company. The official liquidator is directed to take over possession of the entire properties, both movable and immovable, of the said company immediately whe...... 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. ......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. ......hellip;...... (33) Principle of partnership applicable to company It should be mentioned here that the principle of partnership is applicable to private limited company, and the company in question is a private limited company.......(33) A genuine share holder can only apply for wind..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. ......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. ...... November 27, 1990. Result: The appeal is allowed. Constitution of Bangladesh, 1972; Article 135 Whether the impugn reversion to the respondent's substantive post after his acting in a higher post can be termed a reduction in rank. The post of an IPO is a promotion post......erson with proper qualifications, and conceivably in some other special circumstances, for some time but it cannot adopt it as a rule that the post will be filed in this manner. When I ask myself the question as to why the Government is filling a permanent post in this manner I find no answer except..Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112
Tayeb Ali Vs. Abdul Khaleque and others, 1990, 19 CLC (AD)
....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 evidence that the donor thereof was in exclusive possession at any time, the present suit is not maintainable without a prayer for partition. La...... 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 evidence that the donor thereof was in exclusive possession at any time, the......Hence the appeal is dismissed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 87. ......nd the appeal. His heirs, defendant Nos. 1‑3, were made parties in the execution proceedings. So Abdul Hashim died when he was already dispossessed of the suit land and other lands. There can be no question of inheritance of Abdul Hashim's properties by his heirs and successors, including defe..Category: Property Law | Date: 27 Nov, 1990 | Hits: 47
Shambhu Nath Poddar Vs. Bangladesh Railway and others, 1990, 19 CLC (AD)
....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. ......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. ......he appeal is allowed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 82. ......spite of repeated demand and enquiries, the plaintiff filed the suit after serving notices upon the defendants. 3. Defendants contested the suit, contending, inter alia, that the consignment in question having been stolen in a running train between Gouripur Railway Station and Mymensingh Railw..Category: Civil Law | Date: 19 Nov, 1990 | Hits: 107
The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)
....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. ......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. ......l bonds at once failing which the Deputy Commissioner will get them arrested. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 83. ......gment and order dated 26.1.1986 passed by the High Court Division, Rangpur Bench, in Criminal Appeal No.285 of 1983). Judgment Shahabuddin Ahmed CJ.- This appeal by special leave calls in question an order of the High Court Division, in appeal, acquitting the two accused-respondents, who..Category: Criminal Law | Date: 14 Nov, 1990 | Hits: 88
Narayan Chandra Sil Vs. Manhar Mandal, 1991, 20 CLC (AD)
....t there was material irregularity and fraud in publishing and conducting the sale, that no sale proclamation 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 d...... Title Suit No.144 of 1959 and thereafter they filed Title execution Case No.3 of 1962 for realisation of costs of the decree. After suppressing all processes in the Title Execution case they got the land in dispute auction purchased at a very shockingly low price without the knowledge of the appell......the result, the appeal is allowed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 152. ......erial irregularities and fraud in publishing and conducting the sale, by overlooking the provision of Order 21 rule 68 of the Code of Civil Procedure and whether he wrongly upheld the auction sale in question. The High Court Division upheld the sale only on the ground that the son of defendant ..Category: Property Law | Date: 11 Nov, 1990 | Hits: 50
Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....ruddin duly obtained probate on July 6, 1973 from the Court of District Judge, Dhaka and the aforesaid children of late Mr. Selim became owners in moiety share on the strength of the will and were in possession. Mr. Nasiruddin as a guardian of minor children leased out the building to the Bangladesh...... this Rule are: Mr. PBA Selim was the original owner of 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 ......thority 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.......ether the property is an abandoned or not the Joint Secretary to the Ministry of Works and Urban Development by an order dated October 2, 1975 (Annexure E-6 to this petition) stated that the house in question cannot be treated as an abandoned property and as Nasiruddin was a pension holder and never..Category: Property Law | Date: 5 Nov, 1990 | Hits: 95
Karimunnessa Begum Chowdhurani and others Vs. Niranjan Chowdhury and another, 1990, 19 CLC (AD)
....n, as allowed by the High Court Division, is found to have been rightly allowed. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ...... pre-empt them all. 2. This arises from Misc. Case No.159 of 1965 in the 2nd Court of Munsif, Satkania. It was filed by the pre-emptor-respondent claiming pre-emption of 4 out of 5 schedules of land transferred to the appellants under a registered kabala dated 30 September 1965 by his co‑sha......e appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ......n allowing his prayer for pre-emption of the four holdings as pre‑emption is preferable holding-wise. This pre‑emption is not hit by the doctrine of partial pre‑emption. By the pre‑emption in question he is entitled to get those portions or shares so that he could keep in tact the original h..Category: Property Law | Date: 1 Nov, 1990 | Hits: 40
Kazi Mobarak Ali Vs. Mohammad Yeasin Mazumder and others, 1990, 19 CLC (AD)
....e against them was a mere counter-blast to a criminal proceeding under section 144 Cr.P.C filed by them against the complainant (appellant) in respect of the same land in which they claimed title and possession. The Village Court, by a unanimous decision dated 16 May 1980, allowed the complainant&rs...... had, however, contented that the case against them was a mere counter-blast to a criminal proceeding under section 144 Cr.P.C filed by them against the complainant (appellant) in respect of the same land in which they claimed title and possession. The Village Court, by a unanimous decision dated 16......ed without, however, any cost. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 60. ......ndent Judgment August 29, 1990. Result: The appeal is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order VII Rule 11 Whether plaint can be rejected when question of jurisdiction of the Village Court was raised in the plaint without determining the truth..Category: Others | Date: 29 Aug, 1990 | Hits: 115
Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)
....nt and placed under respondent No. 3, the Bangladesh Chemical Industries Corporation, for management. The Government thereafter released the unit on 21.8.76 and the share-holders/ Directors took over possession of the unit from the Corporation with all its assets and liabilities including pre‑libe...... pledge, and there is no possible chance of a profit being made or its business carried out. Cases Referred to- The Punjab Flying Club Limited AIR (1933) Lah, 301; Halsbury's Laws of England Vol. V. Page 397; Haven Cold Mining Co. (1982) 20 Ch. D 151 & Re, Taldua Rubber Co. Ltd. (1......ny order as to cost. The impugned judgment is set aside and the order of the learned Company Judge restored. Ed. ......Whether the Appellate Court was wrong in setting aside the order of winding up- The learned 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 wi..Category: Business or Commercial Law | Date: 29 Aug, 1990 | Hits: 122
A Gafur alias Haji Abdul Gafur & others Vs. Jogesh Chandra Roy and another, 1990, 19 CLC (AD)
....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. ......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. ...... 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. ......by the High Court Division, Rangpur Bench in Criminal Revision No.151 of 1983 with Criminal Revision No.15 of 1984) Judgment Shahabuddin Ahmed CJ.- In this appeal by special leave the only question is whether the conviction of the appellants has been vitiated by non-examination of the acc..Category: Criminal Law | Date: 27 Aug, 1990 | Hits: 76
Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
....deceased appellants were not brought on record. The appeal was declared to have abated as a whole at both the stages because it was found that the 25 defendants (appellants) in the suit were in joint possession of the house, each one of them was a necessary party, and the death of one of them would ......ate Judge, Dhaka against the appellants, who are defendant Nos.1 and 3‑6, Afroza Begum (defendant No.2) and the Government (defendant No.7) for specific performance of contract for sale of the suit land. The plaintiff alleged that defendant Nos.1‑6 as heirs of late Md. Hossain Bhuiyan inherited ......ppeal could be spared a technical knockout. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 156. ...... maintainable merely because the provisions of Order XLI rule 4 CPC was inapplicable in the absence of defendant No.2 Afroza Begum. Was it a sufficient finding for dismissing the appeal ? That is the question at issue. 26. Order XLI rule 4 CPC reads as follows: 4. "Where there arc ..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
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