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Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
.... the Arbitration Act. It is further submitted by the learned Advocate that section 37(3) of the Arbitration Act would have no bearing upon the interpretation of section 41 of the said Act because the provision of section 37(3) of the Arbitration Act though clearly defines that arbitration proceeding......p;……Respondent 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 Co..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)
....other modes of recovery of the dues as provided for in Bangladesh Shilpa Bank Order or under general law as the loan was obtained under bilateral agreement creating a civil liability and for default, provision of preventive detention under the Special Powers Act cannot be resorted to. 16. Mr. Abd......h Shilpa Bank to show cause why the order of detention of the petitioner dated 24.2.87 and extended by the order dated 23.5.87 (Annexures A and D) should not be declared to have been made without any lawful authority. 2. It may be mentioned that the petition was filed and the Rule was issued afte..Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184
Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)
....e allegation of possession made by the plaintiffs in the plaint and, as such, the defendant is not entitled to lead evidence to prove his possession. But the lower appellate Court without noting this provision of law took into consideration the evidence of the defendant on possession and thereby com......he lower appellate Court in reversing the finding of possession of the trial Court did not at all advert to the reasoning of the trial Court. Secondly, the lower appellate Court committed an error of law in holding that the suit is barred by section 42 of the Specific Relief Act. Thirdly, it committ..Category: Property Law | Date: 30 Jan, 1991 | Hits: 2
Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)
....d no authority to appoint him as Managing Director. 3. In such a situation whatever acts and deeds were done by the said Mr. Zahirun Nabi as Managing Director are illegal and void in view of the provisions of section 96 of the Companies Act. Since its incorporation no meeting of the Board of Di...... does not know the present shareholders. He has not lodged any complaint against Zahurun Nabi by name but he had complained against the change of directors. He is thinking to take shelter of Court of law for redress against the change of Directors made to the company. 21. The respondent examine..Category: Company Law | Date: 19 Dec, 1990 | Hits: 195
State Vs. Md. Shafiqul Islam alias Rafique and another, 1990, 19 CLC (AD)
....ause he could do so without difficulty or inconvenience, and for the prosecution it will be well‑nigh impossible or highly inconvenient to throw any light on such a matter. However, by invoking the provision of section 105 or 106 of the Evidence Act the prosecution cannot relieve itself of its dut......the trial P.W.1 Moked Ali, the informant, stated the prosecution case. His daughter Meherunnessa was married to respondent No.1 Shafiqul Islam alias Rafique in 1979. P.W.1 promised to give his son-in-law one bicycle and a two-in-one (tape recorder-cum-radio) in January, 1982; Respondent No.1 was at ..Category: Criminal Law | Date: 12 Dec, 1990 | Hits: 104
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. ......which was allowed and they were acquitted by the High Court Division as stated above. 3. Leave was granted to consider whether the learned Judges of the High Court Division were well founded in law and fact in acquitting the accused‑respondents, relying upon the evidence of a single witness,..Category: Criminal Law | Date: 14 Nov, 1990 | Hits: 88
Narayan Chandra Sil Vs. Manhar Mandal, 1991, 20 CLC (AD)
....h Court Division was correct in setting aside the judgment of affirmance of the appellate Court which found material 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 aucti......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)
....ty a direction to maintain status quo in regard to the building was given. Nasiruddin entered to an agreement for sale of the aforesaid property with the petitioner for legal necessity and for better provision of the minor children of late Selim for consideration of Tk. 1,50,000.00 and on receipt of...... refusing to exclude the building, being the Holding No.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. PB..Category: Property Law | Date: 5 Nov, 1990 | Hits: 95
Karimunnessa Begum Chowdhurani and others Vs. Niranjan Chowdhury and another, 1990, 19 CLC (AD)
....r for a consideration of Tk. 400.00 and pre‑emption for one of the two holdings was sought for upon deposit of the consideration for that holding only. That pre‑emption was allowed in view or the provision in section 26(F) BT Act that "a portion or a share of a holding" if transferred,...... of a holding" on deposit of the entire consideration or value of the land transferred. The 'doctrine' of partial pre‑emption has been evolved through interpretation, by courts, of the law relating to pre‑emption keeping in view the object of pre‑emption, i.e., convenience or inco..Category: Property Law | Date: 1 Nov, 1990 | Hits: 40
Kazi Mobarak Ali Vs. Mohammad Yeasin Mazumder and others, 1990, 19 CLC (AD)
....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 is final. But there is no express provision in the Ordinance barring the jurisdiction of a Civil suit to question the legality or prop......on of a Civil 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 ..Category: Others | Date: 29 Aug, 1990 | Hits: 115
Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)
....t's Order No. 27 of 1972 and placed under the Corporation, the shares and the project vested in the Government which retained that character even after the release of the same and accordingly the provisions of winding up of a Company as resorted to would not apply; that the appellant having refu......e 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 for the appellant, has sub..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. ......defect in the framing of the charge; and as to examination under s. 342 Cr.P.C., the learned Judge took the view that this is a mere irregularity which is curable under s. 537 Cr.P.C. On that view of law, the learned Single Judge restored the order of conviction but reduced the sentence. Leave was g..Category: Criminal Law | Date: 27 Aug, 1990 | Hits: 76
Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
....hahanewaz and another............... Plaintiff-Respondents Judgment August 22, 1990. Result: The Code of Civil Procedure, 1908; Order 41 Rule 4 and 20 Whether the provision of rule 4 of Order 41 of the Code of Civil Procedure can be applied when the non‑appeali......ntiff or defendant is impleaded in the appeal", is not correct. He further submits that what is true for a suit is not true for an appeal and thereby lie submits that the impugned order is not a lawful one. In support of his contentions he has cited the case of Joy Kumar Datta and others Vs. Si..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
Sharif (Mohd) Vs. Mohd Obaidur Rahman & others, 1990, 19 CLC (HCD)
....r. By such trial the Court gets both sides on the pictures and arrives at correct decision avoiding conflicting findings which are likely to occur if separate court hold the trials. Though no express provision of law requires trial of cross-cases by the same court practice and experience of over a c......Result: The appeal is allowed. It is a well settled principle of criminal trial that case and counter-case over the self-same occurrence are to be tried by the same court in accordance with law one after another and the judgment is to be pronounced in both the cases on the same date by the..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. ......d talked with their husband and they came to know from the village people that his name was Waziar. The wives suspected Waziar for the death of Swarup Moral who had a dispute with his step brother-in-law Yasin over the land belonging to his mother-in-law, the mother of his first wife. P.W.1 suspecte..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. ......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 petitioner was n..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. ...... be tried by the Special Tribunal at one trial whereas the Tribunal was constituted only to try cases mentioned in the schedule of the Special Powers Act and not for offences under the ordinary penal laws of the land." 20. The above decisions were referred to me at the time of deciding Criminal A..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)
.... 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)
....ranted to consider whether the order of discharge was sustainable in law. 3. Mr. Rafiqur Rahman, learned counsel for the appellant, contends that the learned Magistrate totally misconceived the provision of section 241A, Criminal Procedure Code, and accepted the "plea of alibi" witho......less". This order was unsuccessfully challenged before the Sessions Judge and the High Court Division in revision. Leave was granted to consider whether the order of discharge was sustainable in law. 3. Mr. Rafiqur Rahman, learned counsel for the appellant, contends that the learned Magis..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. ......hem to be included within the framework of the present suit. That will convert the present suit for specific performance of contract into a suit for determination of title which is not permissible in law. The appellants may file an application for analogous hearing of Title Suit No. 7 of 1969 with t..Category: Civil Law | Date: 13 Aug, 1990 | Hits: 94
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