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....d.
This Case is also Reported in: 45 DLR (HCD) (1993) 5.
......tion of Tk. 8,000.00 on receipt of Tk. 6,500.00 as earnest money and thereafter the petitioner paid further amount of Tk. 1000.00 later on and there was a balance of Tk. 500.00 only to be paid at the time of registration of the kabala as per terms of the contract. The said vendor having failed to ex......ttlement in case No.1043 of 1987 as evidenced by Annexure I to the petition is declared to have been made without any lawful authority.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 5.
......ttlement in case No.1043 of 1987 as evidenced by Annexure I to the petition is declared to have been made without any lawful authority.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 5.
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Category: Property Law | Date: 12 Mar, 1991 | Hits: 77
Dhanu Mia (Md) and another Vs. The State, 1991, 20 CLC (AD)
.... 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. ......cretion justly and properly in refusing bail in a case where the sentence is of a short duration. In the present case the sentence is of two years and the disposal of such appeal normally takes time. Refusal of bail will render the appeal infructuous in the event of success of the appeal and i......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. ..Category: Criminal Law | Date: 25 Feb, 1991 | Hits: 45
Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....igh Court Division (Criminal Revisional Jurisdiction) Present: Abdul Bari Sarker J Habibur Rahman Khan J Hossain Mohammad Ershad..............Petitioner Vs. The State………………………………....... 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 Rule, on the prayer made on behalf of the petitioner, an order was passed for stayin......in next argues that the arms having been recovered before the period of expiry of surrendering arms according to the general amnesty declared by the President the petitioner cannot be held liable for recovery and seizure of the arms during the said period. The learned Advocate further submits that f......f) Arms Act read with section 26, the Special Tribunal Act, 16.2.91 was fixed for framing charge. 5. The former President, amongst other grounds, claims exemption from having licence for keeping arms and his further plea was general amnesty during which period the arms were surrendered to and s..Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92
Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)
....: 44 DLR (HCD) (1992) 500. ......y No.1 (maternal grandfather of the victim girl) is contesting the Rule by filing a counter affidavit along with a certificate from the Head Master of the school where she was reading at the relevant time. School certificate shows that victim girl Sumati Begum was born on 5.6.75. So according to sch......ier lodged a First Information with Moulvibazar Police Station on 3.8.88 the said police case was subsequently numbered GR case No.86 of 1988 of the Court of Upazila Magistrate, Moulvibazar and after recovery of victim Girl Sumati Begum, she was given in Jimma to her maternal grandfather Rafiq Ullah...... 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. ..Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
....ing. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ......ning the petitioner, namely the 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 t...... 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 ...... 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 ..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)
....Court High Court Division (Special Original Jurisdiction) Present: Md. Abdul 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 .........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. ......e grounds it is apparent that the purpose of detention was not to prevent the petitioner from doing any prejudicial act but for collateral purpose to recover the alleged loan of Shilpa Bank and after recovery of the money by sale of the property according to the direction of the respondent the petit......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. ..Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184
Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)
.... ......Court also committed an error of law in holding that the suit is barred by section 42 of the Specific Relief Act as it failed to come to the findings that the plaintiffs were out of possession at the time of institution of the suit and the suit for simple declaration was not maintainable without con......led to come to the findings that the plaintiffs were out of possession at the time of institution of the suit and the suit for simple declaration was not maintainable without consequential prayer for recovery of khas possession, As I have already held that the finding of possession was correctly arr......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)
.... 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. ......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. ...... J.- Respondents filed Title Suit No.38 of 1989 in the Court of Subordinate Judge, Narayanganj for evicting defendant No.1, the Bangladesh Inland Water Transport Corporation and its functionaries for recovery of arrear rents, and for compensation for unauthorised occupation. 2. The Corporation......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. ..Category: Procedural Law | Date: 30 Jan, 1991 | Hits: 108
Baneazuddin Ahmed and others Vs. The State, 1991, 20 CLC (AD)
....ll 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. ......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 after 29.1.89 and file a separate application for bail be...... 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. ..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)
....riginal Civil 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: ......g up of the company may be passed. 5. An affidavit‑in‑opposition was sworn on behalf of the respondent No. 1 on 18 .7.90 by Mr. Md. Hanif who was the Managing Director of the company at that time. In that affidavit‑in‑opposition the respondent No. 1 has denied the allegations made in th...... of 18 CWS(C) South Avenue, Gulshan, Dhaka effective from 20.8.89. It is further stated that ex facie it appears that the petitioner has no cause of action and that being a stranger he is praying for recovery of money. The present proceeding under section 162 of the Companies Act is not maintainable...... 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. ..Category: Company Law | Date: 19 Dec, 1990 | Hits: 195
State Vs. Md. Shafiqul Islam alias Rafique and another, 1990, 19 CLC (AD)
....d 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. ......when she was assaulted by the accused persons. 13. A person deposing before Court is termed as a chance witness when he is found to be at the place of occurrence by chance or coincidence at the time the offence was committed. The evidence of such a witness need not to be rejected outright, but......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. ......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)
....ich 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. ......fices, Mymensingh. Mr. Fazlul will make over charge of his branch on the fore‑noon of 1-5-72. He is clearly given to understand that his appointment is purely temporary and may be terminated at any time without any previous notice and showing any reason". 3. By order dated 26th June, ......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. ..Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112
Tayeb Ali Vs. Abdul Khaleque and others, 1990, 19 CLC (AD)
....s 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. ......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. Lawyers Involved: ......rd Court of Munsif, Habiganj (originally TS No.132 of 1968 of the 44h Court) was for a declaration of his jote right in 20 decimals of suit land by gift of 6 pies share, confirmation of possession or recovery of possession if dispossessed during the pendency of the suit and for permanent injunction.......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. ..Category: Property Law | Date: 27 Nov, 1990 | Hits: 47
Shambhu Nath Poddar Vs. Bangladesh Railway and others, 1990, 19 CLC (AD)
....gh 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. ......elow having concurrently found that the theft of the consignment in question could not have taken place without the negligence and connivance of the railway employees who were on duty at the relevant time, the learned single Judge of the High Court Division sitting in revision acted beyond its juris......ney Appeal No. 7 of 1978 affirming the judgment and decree passed by the Subordinate Judge, 4th Court, Mymensingh in Money Suit No. 4 or 1975 decreeing the suit. 2. Plaintiff filed the suit for recovery of Taka 15,391.20 paisa against the defendants, Bangladesh Railway for the price of lost go......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
The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)
....o 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. ...... 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. 5. As appears clearly, the time, place and manner of occurrence is found to have been satisfactorily proved by P.Ws.2 to 4 and ......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. ..Category: Criminal Law | Date: 14 Nov, 1990 | Hits: 88
Narayan Chandra Sil Vs. Manhar Mandal, 1991, 20 CLC (AD)
....igh 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. ......uction 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 aside the auction sale on 11.7.70. 3. The case ......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. ......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. ..Category: Property Law | Date: 11 Nov, 1990 | Hits: 50
Karimunnessa Begum Chowdhurani and others Vs. Niranjan Chowdhury and another, 1990, 19 CLC (AD)
....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. ......ngs according to his own convenience. Learned Advocate further contends that the pre‑emptor is also required to deposit the entire amount of the consideration money, as stated in the kabala, at the time of filing the application for pre‑emption. Learned Advocate has sought reliance for this cont......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. ......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. ..Category: Property Law | Date: 1 Nov, 1990 | Hits: 40
Kazi Mobarak Ali Vs. Mohammad Yeasin Mazumder and others, 1990, 19 CLC (AD)
.... stated above. In the result, the appeal is dismissed without, however, any cost. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 60. ......l suit to question the legality or propriety of any decision of the Village Court. Sub section (3) of section 8 provides that- “Notwithstanding anything contained in any other law for the time being in force, any matter decided by a Court in accordance with the provisions of this Ordinan...... on a different ground, as stated above. In the result, the appeal is dismissed without, however, any cost. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 60. ...... on a different ground, as stated above. In the result, the appeal is dismissed without, however, any cost. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 60. ..Category: Others | Date: 29 Aug, 1990 | Hits: 115
Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)
....the result, therefore, the appeal is allowed without any order as to cost. The impugned judgment is set aside and the order of the learned Company Judge restored. Ed. ......s not show how and on what dates interest has been calculated and that the Company should not be wound up merely because the owners had to give an undertaking about the acceptance of liability at the time of release of the unit from the management of the corporation. 4. The appellant Bank filed......ook to repay the same in instalments, but failed to pay a single installment and consequently the outstanding dues rose to Tk. 39,91,843/201; that the Corporation filed Money Suit No. 40 of 1980, for recovery of the said sum and Money Suit No. 244 of 1992 for subsequent dues of Tk. 17,36,075.63 in t......learned Company Judge. In the result, therefore, the appeal is allowed without any order as to cost. The impugned judgment is set aside and the order of the learned Company Judge restored. Ed. ..Category: Business or Commercial Law | Date: 29 Aug, 1990 | Hits: 122
Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
....r 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. ......ase. The preliminary objection therefore ought to prevail." 16. Thus, the second point of Mr. Fazlul Karim cannot be accepted when there is nothing on record to show that at any point of time any application was filed before the High Court Division during the pendency of the appeal for ......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. ......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
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