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Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)
.... 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. ......the former Managing Director of the Company, have stated that they have not transferred any share to anybody. The respondent company has failed to satisfy this Court, on the basis of the materials on record, that those two persons in fact genuinely sold their shares of the company. Mr. Nayeem furthe......cept such appointment since they are engaged otherwise and not being conversant with the technique of garment export business, the respondent No. 2 was appointed by the previous management, also took service of respondent No. 2 as expert in the garment business. As regards the allegations of conveni..Category: Company Law | Date: 19 Dec, 1990 | Hits: 195
State Vs. Md. Shafiqul Islam alias Rafique and another, 1990, 19 CLC (AD)
....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. ......he house who may refuse to tell the truth. The neighbours may not also come forward to depose. The prosecution is, therefore, necessarily to rely on circumstantial evidence. There is nothing on record to show that the husband took any step for alleviating his wife's alleged colic pain or t......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)
....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. ......tinuing there for some duration will surely cause a disappointment as he would no longer draw the benefits of that higher post, but that cannot be called a reduction in rank per se. The uninterrupted service rendered by the respondent for about five years, if considered as "one non‑temporary ..Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112
Tayeb Ali Vs. Abdul Khaleque and others, 1990, 19 CLC (AD)
....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. ......d permanent injunction. 7. The High Court Division reversed the concurrent judgments on the finding that the first appellate Court totally misconceived the pleadings and misread the evidence on record. In view of the admitted facts of the case it is inconceivable that defendant No. 10 had any ......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)
....urt, 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 goods. Plaintiff who is a cloth dealer of Sherpur town purchased some Khaddar Shirtings and Chaddars......of 1908), Section 115 The revisional court acted beyond it's jurisdiction in setting aside the concurrent finding of fact, when there is no misreading and misappreciation of the evidence on record. Lawyers Involved: Mahmudul Islam, Advocate, instructed by Sand Advocate-on-Record......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)
....n 417 In an appeal against acquittal it is quite open to the Court to review the evidence in order to see whether finding on which acquittal has been based is perverse being wanton disregard of good and unblemished evidence given by other witnesses who got no grudge or enmity whatever with the......amely PWs 2, 3 and 4 who deposed to have recognised the assailants on the spot in moon light. 4. Mr. B Hossain, learned Deputy Attorney General, has taken us through the entire depositions recorded in this case and has contended that participation in the murder of the deceased Chairman by......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)
....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. ......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
Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....ment have been made and/or passed without any lawful authority 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.......the abandoned property published in the Gazette notification on 23rd September, 1986. We are also of the opinion that the Court of Settlement did not at all apply its judicial mind to the material on record in making the impugned order as it is evident from the record that the respondent No.1 took p......ment have been made and/or passed without any lawful authority 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...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. ......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)
.... 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. ......rs, specified in Part II of the Schedule of the Ordinance. There is no dispute that the offence alleged against the respondents fell within the exclusive jurisdiction of the Village Court. And as the record apparently shows, the impugned decision of the Village Court is unanimous and this decision i...... 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)
....vate Limited Company having its registered office at 82, Motijheel Commercial Area and factory at Fatullah, Dhaka and that the Company carries on the business of manufacturing Tyres, tubes and rubber goods. The Company opened and operated accounts under several heads with the local Office Branch of ...... 30,00,000.00. The learned Judges of the Appellate Court themselves found that this counter claim of Tk. 30,00,000.00 could not be accepted because "damage has not been proved by any evidence on record. It is just an allegation made in the counter affidavit and no evidence has been placed befor......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
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. ......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)
....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. ......incompetent at its inception for omission to implead a necessary party would remain incompetent till the end of it, unless otherwise during the pendency of the appeal necessary parties are brought on record. The plaintiff obtain a joint decree for specific performance of contract against all th......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
Sharif (Mohd) Vs. Mohd Obaidur Rahman & others, 1990, 19 CLC (HCD)
....89 the accused respondents alleged to have trespassed into the land of the appellant by forming an unlawful assembly and by breaking out kutcha shop house, removed the materials, looted away valuable goods of the shop and in doing so assaulted and injured the complainant and his other relations and ...... named in the complaint petition and in support of which the said doctor issued medical certificates and the same was filed in court with the petition of complaint. He points out from the lower court record that three medical certificates were produced by the complainant party with the petition of c......155 of 1989 shall be kept intact and the further evidence which will be adduced by the petitioner shall be recorded by the Magistrate. Ed. This Case is also Reported in: 43 DLR (1991) 66. ..Category: Criminal Law | Date: 21 Aug, 1990 | Hits: 80
Wajear Rahman Moral (Md) Vs. The State, 1990, 19 CLC (AD)
....eal is dismissed with the modification of sentence, that is, the sentence of death is altered to that of imprisonment for life. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 25. ...... on the ocular evidence then we would have acquitted the appellant. We, however, find it difficult to acquit the appellant in view of his clear and straight‑forward confession and other evidence on record. P.W.13 ASM Mobaidul Khan, Magistrate, First Class recorded his confession and he did not fin......eal is dismissed with the modification of sentence, that is, the sentence of death is altered to that of imprisonment for life. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 25. ..Category: Criminal Law | Date: 20 Aug, 1990 | Hits: 84
MD, Bangladesh Machine Tools Factory Ltd Vs. Chairman, 2nd Labour Court & anr, 1990, 19 CLC (AD)
....on. It was not a case of no evidence at all. The petition is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) 272 This Case is also Reported in: 44 DLR (AD) (1992) 272. ......on. It was not a case of no evidence at all. The petition is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) 272 This Case is also Reported in: 44 DLR (AD) (1992) 272. ......on order on 2.9.82. He complained to Labour Court that he was victimised for his trade union activities. The petitioner denied the allegation and contented that it was a case of simple termination of service under law without any stigma. The Labour Court, however, found that the contention of the pe..Category: Labour and Industrial Law | Date: 16 Aug, 1990 | Hits: 168
Abul Kashem @ Kashem Vs. State, 1990, 19 CLC (HCD)
....unal is hereby set aside. The accused appellant is acquitted of the charge brought against him. He should be discharged from the bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 420. ......position of PW 4 Md. Akhteruzzaman and PW 5 AM Shakhawat Hossain is that the accused is a rickshaw puller. 6. The learned Assistant Sessions Judge on consideration of the evidence and materials on record, found the accused guilty of the charge under sections 372/511 BPC and sentencing him to suff......unal is hereby set aside. The accused appellant is acquitted of the charge brought against him. He should be discharged from the bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 420. ..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)
....perty originally brought into the stock of the firm, or acquired, by purchase or otherwise, by or for the firm, or for the purposes and in the course of the business of the firm and includes also the goodwill of the business. Unless the contrary intention appears, property and rights and intere...... all the above reasons we do not find any merit in the appeal which is dismissed without however any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121 ...... all the above reasons we do not find any merit in the appeal which is dismissed without however any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121 ..Category: Civil Law | Date: 14 Aug, 1990 | Hits: 121
Nannu Gazi Vs. Awlad Hossain & others, 1990, 19 CLC (AD)
....t aside and it is directed that the case (GR Case No.1185 of the Court of Upazila Magistrate, Amtali) proceed according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 63. ......ccused persons would be discharged. 4. Section 241A Cr.P.C. empowers a Magistrate to discharge the accused without framing any charge if he considers the allegation to be groundless. The reason recorded by the learned Magistrate for discharging the accused‑respondents is that two of the accu......t aside and it is directed that the case (GR Case No.1185 of the Court of Upazila Magistrate, Amtali) proceed according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 63. ..Category: Criminal Law | Date: 14 Aug, 1990 | Hits: 60
Golam Kader Vs. Abdul Khaleque Choukder and others, 1990, 19 CLC (AD)
....uit No.7 of 1969 with the present suit, if they so desire. Consequently, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 106. ......uit No.7 of 1969 with the present suit, if they so desire. Consequently, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 106. ......uit No.7 of 1969 with the present suit, if they so desire. Consequently, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 106. ..Category: Civil Law | Date: 13 Aug, 1990 | Hits: 94
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