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Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)
....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. ......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 ......e body of the said application followed by release of the petitioner on 6.7.87 before expiry of the period of detention extending by Annexure‑'D' to the petition up to 23.8.87. From the above noted facts and circumstance it is apparent that the detention of the detenu is for collateral purpose and..Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184
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. ......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......is a case for eviction and not one for determination of title between the two competing parties. Profulla Chandra was not present before the Court either as a witness or in any other capacity, in the facts of the case the question of directing him to give his specimen signature in Bengali does not a..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. ......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......ice and procedure that is traditionally followed in the High Court Division in revision. The learned Single Judge of the High Court Division it appears did not exercise his discretion properly in the facts of the present case. In that view of the matter, we allow the appeal and direct that the appel..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)
.... 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. ......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......from the Respondent No. 15, Islami Bank (Bangladesh) Ltd. It is a profit earning establishment. 6. It is further alleged that the petitioner intentionally and with ulterior motive suppressed the facts as to sale and transfer of his shares and by all other sponsor‑shareholders including the pe..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. ......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. ......red at their own residence when their case of suicide was found by the High Court Division itself as blatantly false. In Siraj Vs. Crown 9 DLR (SC) 177, Munir CJ observed: "If on the facts held proved no hypothesis consistent with the innocence of the appellant can be suggested, the..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. ......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......in rank for attracting the protection under Art. 135 of the Constitution. The language of the impugned order indicates in unmistaken manner that it was never meant to be an order of promotion. In the facts of the case the respondent was not entitled to any show‑cause notice nor there any violation..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. ......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...... 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 exclusive possession of the suit..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. ......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......goods occurred due to utter negligence and misconduct of the guard, DW 3 Kamal Chandra Das. It was further found that the connivance and complicity of the Railway employees cannot be ruled out in the facts of the present case for which the plaintiff cannot suffer for no fault of his own and conseque..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. ......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......e Police (PW 12) to a bamboo clump and brought out the dead body of the Chairman on 10.9.76 and then made a confessional statement to the Magistrate PW 13; but the ejahar was lodged long before these facts came out i.e on 6.9.76. The only suggestion to PWs 2, 3 and 4 is that they could not recognise..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. ......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 ......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.......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.......300 (old) Road No.25, Dhanmondi Residential Area Dhaka from the list of abandoned property should not be declared to have been made without any lawful authority and are of no legal effect. 2. The facts giving rise to this Rule are: Mr. PBA Selim was the original owner of the house namely Hold..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 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......turbed by the pre-emption sought. The view taken in the 14 DLR case was dissented from and that taken in 13 DLR case relied upon. 7. Mr. Gafur has tried to make out some distinction between the facts of this case (19 DLR) and those of the instant one. In the 19 DLR case the pre-emptor was foun..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. ......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...... 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)
....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. ......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......he same and set aside the order of winding up as already noticed. 11. Leave was granted to consider whether the appeal against the winding up order was allowed upon a correct appreciation of the facts and principles of law relating to such proceeding. 12. Mr. M Nurullah, learned counsel fo..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. ......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......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. ...... 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 ...... 4 of Order XLI do not nullify the provisions of rules 3 and 4 of Order XXII and they do not prevent an appeal from abatement if it otherwise stands abated. Rule 4 was found to be inapplicable in the facts of that case but then in order to determine the question of the abatement of the appeal as a w..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
Sharif (Mohd) Vs. Mohd Obaidur Rahman & others, 1990, 19 CLC (HCD)
....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. ......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. ......ials. Though no express provision of law requires trial of cross-cases by the same court practice and experience of over a century dictate such trial for arriving at correct determination of disputed facts. This is all the more necessary to save the accused from being prejudiced in their defence&hel..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. ......oborative circumstances to convict appellant Sheikh Ahmed under section 302 has been supplied by the existence of the punctured injury on the neck of the deceased. However, we need not dilate on this question in view of the clear finding of the High Court Division that the appellant Sheikh Ahmed sto......acted from the statement he made earlier." It is not clear whether this observation was the basis for the inference that the accused retracted his confession. 10. In any case, in the facts of the case that confession cannot be ignored. The occurrence took place at 11.30 PM on 15.10...Category: Criminal Law | Date: 20 Aug, 1990 | Hits: 84
Mahbubul Alam Chowdhury and others Vs. Chaman Ara Begum and others, 1991, 20 CLC (AD)
.... 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 ...... plaint, standing jointly in the names of the predecessors of the defendant‑appellants and plaintiff‑respondents, are in fact partnership properties or personal properties of both, is the precise question that falls for determination in this appeal by special leave by the defendant-appellants fr......ement, attention must be paid to the source whence the property was obtained, the purpose for which it was acquired, and the mode in which it has been dealt with". 11. Corning now to the facts of the case, the plaintiff stated in the plaint, "for the interest and benefit of both of..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. ......and order dated 3.11.1985 passed by the High Court Division, Barisal Bench, in Criminal Revision No.46 of 1985). Judgment Shahabuddin Ahmed CJ.- In this appeal by special leave the simple question for determination is whether a Magistrate can discharge the accused, without framing any ch......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
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