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Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)
.... 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......vil 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: The pra......cial integrity of the respondent Nos. 2 and 3 and there is deadlock in the management of the company and there is justifiable lack of confidence in the management and it is just and equitable that an order of winding up of the company may be passed. 5. An affidavit‑in‑opposition was sworn o..Category: Company Law | Date: 19 Dec, 1990 | Hits: 195
State Vs. Md. Shafiqul Islam alias Rafique and another, 1990, 19 CLC (AD)
....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 ......al J Latifur Rahman J The State, represented by the Solicitor to the Government of the People's Republic of Bangladesh ......Appellant Vs. Md. Shafiqul Islam alias Rafique and another........................Respondents Judgment December 12, 1990. Result: ...... B Hossain, Advocate‑on ‑Record ‑ For the Appellant. Sharifuddin Chaklader, Advocate‑on‑Record-For the Respondents. Criminal Appeal No.4 of 1988. (From the judgment and order dated 10th February, 1986 passed by the High Court Division, Rangpur Bench, in Death Reference..Category: Criminal Law | Date: 12 Dec, 1990 | Hits: 104
Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)
....nstrue the expression "until further orders" as conferring absolute power of retention or dismissal upon the competent authority. The matter of public employment is governed by a complex of laws, commencing with constitutional instruments and ending with statutory rules, which have been au...... be any promotion to the post of IPO without appearing successfully in the competitive examination of the Department. Any order of reversion after an incumbent's appointment' to a higher post and continuing there for some duration will surely cause a disappointment as he would no longer draw......duction in rank. The post of an IPO is a promotion post. There could not be any promotion to the post of IPO without appearing successfully in the competitive examination of the Department. Any order of reversion after an incumbent's appointment' to a higher post and continuing there f..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. ......Civil) Present: Shahabuddin Ahmed CJ MH Rahman J Mustafa Kamal J Latifur Rahman J Tayeb Ali................................Appellant Vs. Abdul Khaleque and others.... Respondents Judgment November 27, 1990. Result: The appeal is d......Pal, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent No. 1. Ex parte-Respondent Nos.2‑10. Civil Appeal No.42 of 1985 (From the judgment and order dated 15.5.1983 passed by the High Court Division, Comilla Bench, in SA No.471 of 1973). ..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. ......habuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Shambhu Nath Poddar.....................Plaintiff-Appellant Vs. Bangladesh Railway and others....................... ..Defendant-Respondent Judgment November 19, 1990. ......lam, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Respondent No. 1. Ex parte - Respondent Nos. 2 & 3. Civil Appeal No. 47 of 1986. (From the judgment and order dated 30th July, 1985 passed by the High Court Division, Dhaka Bench, in Civil Revision No.124..Category: Civil Law | Date: 19 Nov, 1990 | Hits: 107
The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)
....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,...... 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 accu...... Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), Section 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..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. ......) (1991) 152. ...... M Nowab Ali, Advocate-on-Record-For the Appellant. Not Represented- Respondent Nos.1(a) to 1(e). Ex parte - Respondent Nos.2-5. Civil Appeal No.68 of 1985. (From the Judgment and order 10th February, 1982 passed by the High Court Division in Civil Revision No.1331 of 1977). ..Category: Property Law | Date: 11 Nov, 1990 | Hits: 50
Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
.... 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......tion) Present: AM Mahmudur Rahman J Mainur Reza Chowdhury J Farida Aziz....................Petitioner. Vs. Government of Bangladesh, represented by the Secretary, Ministry of Works and Urban Development, Secretariat Building, Dhaka and another..................Respondents Judgm......tition No.381 of 1997. Judgment AM Mahmudur Rahman J.- This Rule Nisi has been issued under Article 102 of our Constitution calling upon the respondents to show cause as to why the judgment and order of the Court of Settlement made in case No.230 of 1987 refusing to exclude the building, being..Category: Property Law | Date: 5 Nov, 1990 | Hits: 95
Karimunnessa Begum Chowdhurani and others Vs. Niranjan Chowdhury and another, 1990, 19 CLC (AD)
.... 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......) 78. ......er, Senior Advocate, instructed by Ranesh Chandra Maitra, Advocate-on-Record-For the Respondent No. 1. Ex parte-Respondent No. 2. Civil Appeal No. 23 of 1986. (From the judgment and order dated 1.4.84 passed by the High Court Division, Chittagong Bench, in Civil Revision No. 332 (R..Category: Property Law | Date: 1 Nov, 1990 | Hits: 40
Kazi Mobarak Ali Vs. Mohammad Yeasin Mazumder and others, 1990, 19 CLC (AD)
....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 ...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Kazi Mobarak Ali .............................................Appellant Vs. Mohammad Yeasin Mazumder and others................Respondent Judgment August 29, 1990. Result: The ap......uq, Advocate-on-Record-For the Appellant. Abu Sayed Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 1-3. Dead. substitution exempted vide order dated 4.3.87 -Respondent No. 14. Ex parte - Respondent Nos.4-13 & 15. Civil Ap..Category: Others | Date: 29 Aug, 1990 | Hits: 115
Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)
....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...... (Civil) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Agrani Bank .............................................Appellant Vs. Bangladesh Tyres Ltd and others..............Respondents Judgment August 29, 1990. Result: The appeal...... 1990. Result: The appeal is allowed. The Companies Act, 1913- Section 162 Clause (vi), 163 read with section 166 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 to..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)
....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......resent: Shahabuddin Ahmed CJ MH Rahman J Mustafa Kamal J Latifur Rahman J A Gafur alias Haji Abdul Gafur & others.................Appellants Vs. Jogesh Chandra Roy and another.............................Respondents Judgment August 27, 1990. ......, Supreme Court, instructed by Sharifuddin Chaklader, Advocate‑on‑Record‑ For the Appellants. Ex parte‑the Respondents. Criminal Appeal No.14 of 1986. (From the judgment and order dated 12.8.1985 passed by the High Court Division, Rangpur Bench in Criminal Revision No.151 o..Category: Criminal Law | Date: 27 Aug, 1990 | Hits: 76
Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
....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......n: 43 DLR (AD) (1991) 156. ......of defendant No.2, when she was not impleaded as a party respondent in the appeal though she was a necessary party in the appeal. 4. The learned Judges of the High Court Division by the impugned order upheld the contention of the plaintiff and held that the appeal was incompetent and not mainta..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
Sharif (Mohd) Vs. Mohd Obaidur Rahman & others, 1990, 19 CLC (HCD)
....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......an & others .......................Accused Respondents Judgment August 21, 1990. 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 ......gned judgment acquitting the accused respondents without having both sides on the self‑same occurrence which took place on 21.2.89. 6. In the result, the appeal is allowed and the judgment and order of the learned Magistrate is set aside and the case is remanded back to the Court of Metropoli..Category: Criminal Law | Date: 21 Aug, 1990 | Hits: 80
Wajear Rahman Moral (Md) Vs. The State, 1990, 19 CLC (AD)
....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......cquittal when there is his clear confession admitting his guilt Statements elicited from a witness in cross examination, the most effective of all means ever invented for the discovery of truth and exposing falsehood, are a part, a very important part, of evidence before Court. Before drawing ......0, 1990. Result: The appeal is dismissed. The Evidence Act, 1872 (I of 1872), Section 137 Whether contradiction in the evidence of prosecution witnesses entitles the accused to an order of acquittal when there is his clear confession admitting his guilt Statements elicited ..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)
....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......naging Director, Bangladesh Machine Tools Factory Ltd………………………………Petitioner Vs Chairman, 2nd Labour Court and another……………...Respondents Judgment August 1......l Petition for Leave to Appeal No. 224 of 1989 Judgment ATM Afzal J.- Respondent No. 2 who was working as a Senior Technician for about 14 years under the petitioner was given a termination order on 2.9.82. He complained to Labour Court that he was victimised for his trade union activities..Category: Labour and Industrial Law | Date: 16 Aug, 1990 | Hits: 168
Abul Kashem @ Kashem Vs. State, 1990, 19 CLC (HCD)
.... 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......bdul Mannan, Assistant Attorney General with JK Paul, Advocate‑ For the State. Criminal Appeal No. 210 of 1989. Judgment Abdul Bari Sarker J. - This appeal is directed against the judgment and order of conviction and sentence passed by Mr. Md. Abdul Hannan, Assistant Sessions Judge and Sp...... Mannan, Assistant Attorney General with JK Paul, Advocate‑ For the State. Criminal Appeal No. 210 of 1989. Judgment Abdul Bari Sarker J. - This appeal is directed against the judgment and order of conviction and sentence passed by Mr. Md. Abdul Hannan, Assistant Sessions Judge and Specia..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 ......1991) 121 ...... attracted and the High Court Division is correct in answering this issue in the negative. For 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)
....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......ent August 14, 1990. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), Section 241A "Groundless" appearing in both the sections 241A and former section 253 means that the materials produced before the Magistrate against the accused a......eral, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For Respondent No.16. Ex parte - Respondent Nos. 9-10 & 13-15. Criminal Appeal No.17 of 1987. (From the judgment and order dated 3.11.1985 passed by the High Court Division, Barisal Bench, in Criminal Revision No.46 o..Category: Criminal Law | Date: 14 Aug, 1990 | Hits: 60
Golam Kader Vs. Abdul Khaleque Choukder and others, 1990, 19 CLC (AD)
....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......ourt Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J Mustafa Kamal J Latifur Rahman J Golam Kader being dead his heirs; Nurun Nahar Begum and others..................... Added-Defendant-Appellants Vs. Abdul Khaleque Choukder an......nstructed by Shamsul Huq Siddique, Advocate-on-Record-For the Respondent Nos.1 and 2. Ex parte-Respondent Nos.3(a) to 3(d), 4 and 5. Civil Appeal No. 120 of 1984 (From the Judgment and order dated 19.1.1984 passed by the High Court Division Comilla Bench, Comilla in Civil Revision No...Category: Civil Law | Date: 13 Aug, 1990 | Hits: 94
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