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Sher Ali Amir Ali Virjee Vs. Eastern Industries (Bangladesh) Ltd. and others, 1990, 19 CLC (HCD)
....e result, this application is allowed. The respondents are directed to rectify the share register of the company by striking out the names of respondent No.3 and the said Amir Banoo in respect of the total 1300 shares and to insert the name of the present petitioner in the said share‑register for ......ir Banoo. It is asserted that in course of business transaction the respondent No.3 had signed some blank papers including some instruments of transfer which might be necessary for the company in his absence in view of the fact that very often the respondent No.3 had to go abroad for personal reason......tay of the operation of the judgment for 6 weeks. The prayer is refused. Ed. This Case is also Reported in: 43 DLR (1991) 54. ..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
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. ......the case. But the fact remains that out of the 17 packets of imported menthol 4 packets contained automatic wrist watches. Now whether it is a case of bona fide mistake on the part of the exporter or absence of knowledge on the part of the consignee petitioner it would be for the Trial Court to deci......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. ..Category: Fiscal/Taxation Law | Date: 11 Jun, 1990 | Hits: 80
Abdul Mannan and others Vs. Akram Ali and others, 1990, 19 CLC (AD)
....reasonable. The Registrar is directed to put up the matter to the Chief Justice for necessary order as to transfer of the case. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 129. ...... prove their title but they proved their possession on the suit land. Nevertheless, the trial Court dismissed the suit on the ground that the identity of the suit land could not be ascertained in the absence of any local investigation. This decision was challenged in appeal, Title Appeal No.27 of 19......reasonable. The Registrar is directed to put up the matter to the Chief Justice for necessary order as to transfer of the case. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 129. ..Category: Procedural Law | Date: 6 Jun, 1990 | Hits: 107
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....ice of the Registrar of Joint Stock Companies, briefly, the "Registrar" and learnt that in the annual Returns and Summary Shares of the Company for the year 1971, his 4450 shares out of the total of 5267 were shown transferred to the appellant and his wife. He filed a complaint to the Regi......st of the transferee and that when demand for return of those shares was made and when there was indication of some undisclosed arrangement between the brothers regarding the shares for the period of absence of one of the brothers, then this transfer was not a normal one. In any case, we find it dif......t case one party asserted and the other party denied the alleged transfer of shares and since determination of the question of involved a detailed investigation into the facts the exercise of summary jurisdiction for correction of the share‑register was refused. In Jawahar Mills Ltd, Vs Official R..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
Siddik Ali Vs. Nurun Nessa Khatun and others, 1990, 19 CLC (AD)
....defendants. In the result, the appeal is allowed. Prayer for substitution is allowed after setting aside abatement. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 3. ......ated 8th Kartick, 1360 BS (Ext. 2). After purchase the plaintiff constructed a new hut after dismantling the dilapidated hut of his vendor and inducted there pro-defendant No. 20 as his chowkider. In absence of pro-defendant No. 20 defendant Nos. 1 to 10, the successors of Sajjad Ali, along with oth......defendants. In the result, the appeal is allowed. Prayer for substitution is allowed after setting aside abatement. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 3. ..Category: Property Law | Date: 28 May, 1990 | Hits: 57
....poll.
In the result, the Rule is discharged and the order of stay granted on 6.5.90 is vacated. There will be no order for costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 29.
......poll.
In the result, the Rule is discharged and the order of stay granted on 6.5.90 is vacated. There will be no order for costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 29.
......id Ordinance to order repolling in the disputed centres. The Chief Election Commissioner enjoys the power to order repolling in the disputed polling centres. Even after the deletion of Rule 68 he has jurisdiction to decide a disputed question of fact raised by a candidate and this court in the exerc..
Category: Election Law | Date: 24 May, 1990 | Hits: 101
AH Shamsuddin Ahmed Vs. Begum Arafat & others, 1990, 19 CLC (HCD)
..... In the result, the Rule is discharged. However, there will be no costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 52. ....... In the result, the Rule is discharged. However, there will be no costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 52. ....... In the result, the Rule is discharged. However, there will be no costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 52. ..Category: Property Law | Date: 22 May, 1990 | Hits: 111
Fazal & others Vs. State, 1990, 19 CLC (HCD)
....he accused petitioners be acquitted of the charge levelled against them. The accused petitioners be discharged from their bail bonds. Ed. This Case is also Reported in: 43 DLR (1991) 40. ......he accused petitioners be acquitted of the charge levelled against them. The accused petitioners be discharged from their bail bonds. Ed. This Case is also Reported in: 43 DLR (1991) 40. ......he accused petitioners be acquitted of the charge levelled against them. The accused petitioners be discharged from their bail bonds. Ed. This Case is also Reported in: 43 DLR (1991) 40. ..Category: Criminal Law | Date: 14 May, 1990 | Hits: 66
Aga Kohinoor Alam Vs. State and another, 1990, 19 CLC (HCD)
.... said to be without any basis nor the said proceeding can be held to be liable to be quashed. The Rule is accordingly discharged. Ed. This Case is also Reported in: 43 DLR (1991) 95. ...... said to be without any basis nor the said proceeding can be held to be liable to be quashed. The Rule is accordingly discharged. Ed. This Case is also Reported in: 43 DLR (1991) 95. ......ourt. In this situation the Court can not accept the contention that the Settlement Court had given a final decision over all the dispute between the parties and that the criminal Court would have no jurisdiction to go into the dispute as has been raised in the complaint petition nor can accept the ..Category: Criminal Law | Date: 13 May, 1990 | Hits: 73
Sonali Bank Vs. Nurul Kader and another, 1990, 19 CLC (HCD)
....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. ......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. ......n under Order 9, rule 4 not being maintainable and misconceived the impugned order was not an order within the meaning of Order 9 CPC the same shall be deemed to have been passed by invoking inherent jurisdiction of the court under section 151 CPC and the application under Order 9, rule 4 CPC shall ..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. ......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. ......ord from liability of establishing the bona fide requirement on adducing cogent evidence. It is not a correct proposition of law to say that concurrent finding can not be disturbed in revisional jurisdiction. In fact finding though concurrent is open to interference if it is not based on eviden..Category: Property Law | Date: 5 Apr, 1990 | Hits: 74
MA Razzaque Vs. Bangladesh Election Commission, 1990, 19 CLC (HCD)
....the office of the Chairman of Dewanganj Upazila Parishad. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 16. ......the office of the Chairman of Dewanganj Upazila Parishad. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 16. ......the office of the Chairman of Dewanganj Upazila Parishad. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 16. ..Category: Election Law | Date: 5 Apr, 1990 | Hits: 110
Sonali Bank Vs. M/s Begg & Beg Jute Incorporated Limited & others, 1990, 19 CLC (HCD)
....ayment but the defendants failed to pay the said amount. Hence the suit. The plaintiff claimed interest pendente lite tentatively calculated at 2,94,514/61 paisas on the outstandings in addition thus totaling Tk. 14,00,000/‑. 3. The defendant Nos.1 and 3‑8 appeared and contested the suit by...... discretion in refusing the interest to the plaintiff. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 27. ...... discretion in refusing the interest to the plaintiff. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 27. ..Category: Civil Law | Date: 1 Apr, 1990 | Hits: 79
Aftabuddin Fakir Vs. Sowdagar Rabi Das & others, 1990, 19 CLC (HCD)
....earned Munsif failed to appreciate the pleadings of parties and also failed to consider that the suit land is only 27 decimals out of 1.70 acre of land out of CS plot 141 and that the plaintiffs have totally failed to prove their title of story of possession and dispossession of 25 decimals of suit ......ion laid down in Order XLI rule 31 CPC. 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) 42. ......e on record dismissed the appeal by his judgment and decree dated 2nd of May, 1988. Being aggrieved by that decision of the learned Subordinate Judge, defendant‑petitioner moved the revisional jurisdiction of the Court and obtained the present Rule. 7. The learned Advocate appearing for..Category: Civil Law | Date: 29 Mar, 1990 | Hits: 65
M/s. Rising Sun Traders Ltd. Vs. Chittagong Port Authority and another, 1990, 19 CLC (HCD)
....t as a matter of fact it was completed on 30.4.1982. After the completion of the work the respondent No. 1 Chittagong Port Authority failed to pay security deposit and bill for work of the contractor total amounting to Taka 14,54,594.88 paisa as a result of which dispute arose between the parties an...... the impugned Judgment of the learned Subordinate Judge is set aside and the award dated 14.12.1986 is made the Rule of the Court. Ed. This Case is also Reported in: 43 DLR (1991) 1. ......g Port Authority during the period from the date of the 1st. Order on 19.11.1986 till the date when the Award was given on 14.12.1986 that the Chittagong Port Authority was unwilling to submit to the jurisdiction of the Arbitrator even after receipt of several notices of hearing of the proceeding. ..Category: Alternative Dispute Resolution | Date: 28 Mar, 1990 | Hits: 176
Bangladesh Leaf Tobacco Company Ltd. Vs. Md. Abdul Mannan and others, 1990, 19 CLC (HCD)
....e learned District Judge is directed to dispose of the appeal on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 7. ......e learned District Judge is directed to dispose of the appeal on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 7. ......e learned District Judge is directed to dispose of the appeal on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 7. ..Category: Property Law | Date: 27 Mar, 1990 | Hits: 75
Zahura Khatun and others Vs. Rokeya Khatun and others, 1991, 20 CLC (AD)
....gitate the same in the absence of the respondents. 9. The appeal is, therefore, dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 98. ......as defective we cannot, in fairness, embark upon a fresh inquiry into the validity of the notice. The landlord‑appellants having abandoned that point cannot be allowed to re-agitate the same in the absence of the respondents. Lawyers Involved: KS Hossain instructed by Sharifuddin Chaklad......gitate the same in the absence of the respondents. 9. The appeal is, therefore, dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 98. ..Category: Tenancy Law | Date: 25 Mar, 1990 | Hits: 124
Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)
....r has first taken us through the impugned judgment, the pleadings in the suit and the evidence on record and then made the following submission. 9. His first submission is that the plaintiff has totally failed to prove by reliable and sufficient evidence the alleged contract for sale and t......e are set aside and the suit is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 18. ......e are set aside and the suit is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 18. ..Category: Property Law | Date: 15 Mar, 1990 | Hits: 66
Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....ected to surrender to his bail bond and to serve out the sentence. Appeal No.10 of 1985 is dismissed and order of acquittal is upheld. Ed. This Case is also Reported in: 43 DLR (1991) 87. ...... the doctor to prove the nature of injury sustained by P.W.5 Kalachand has been marked Ext. 5 but no witness has been examined to prove the hand writing of the doctor who granted that certificate. In absence of such evidence the injury certificate ought not to have been marked as Ext.5 and brought o......ected to surrender to his bail bond and to serve out the sentence. Appeal No.10 of 1985 is dismissed and order of acquittal is upheld. Ed. This Case is also Reported in: 43 DLR (1991) 87. ..Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65
Zakir Hossain and others Vs. The State and other, 1990, 19 CLC (AD)
....tan Magistrate, Dhaka is stayed till the disposal of Title Suit No.159 of 1987 of the First Court of Subordinate Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ......tan Magistrate, Dhaka is stayed till the disposal of Title Suit No.159 of 1987 of the First Court of Subordinate Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ......12, 1990. Result: The criminal proceeding is stayed till the disposal of Title Suit. The Code of Criminal Procedure, 1898 (V of 1898), Sections 195(1) (c) & 561A Whether the jurisdiction of the Criminal Court was barred under section 195(1) (c) of the Code of Criminal Proce..Category: Anti-Corruption Laws | Date: 12 Mar, 1990 | Hits: 114
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