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Bijoy Kumar Basak Vs. Narendra Nath Datta & others, 1990, 19 CLC (HCD)
......... (9) Power of the District Court under section 24 CPC is somewhat of an administrative nature and also discretionary and in suitable cases the District Judge can even suo moto exercise this power in the interest of justice......... (10) Cases Referred to- AIR 1963 (Pat) 353; PLD......cific finding......... (9) Power of the District Court under section 24 CPC is somewhat of an administrative nature and also discretionary and in suitable cases the District Judge can even suo moto exercise this power in the interest of justice......... (10) Cases Referred to- AIR 19......he date of receipt of this order, in accordance with law. Let a copy of this order be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 43 DLR (1991) 68. ......he date of receipt of this order, in accordance with law. Let a copy of this order be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 43 DLR (1991) 68. ..Category: Property Law | Date: 11 Jul, 1990 | Hits: 67
Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)
....................Petitioner Vs. The State..............................................Opposite Party Judgment June 27, 1990. Result: The Rule is made absolute The power of the Appellate Division to pass an order for re-delivery of possession to the person acquitt......Vs. The State..............................................Opposite Party Judgment June 27, 1990. Result: The Rule is made absolute The power of the Appellate Division to pass an order for re-delivery of possession to the person acquitted on appeal must be an express ...... JK Paul, Advocate ‑ For the State. Criminal Revision No.28 of 1986. Judgment Habibur Rahman Khan J.- This Rule was issued at the instance of one Dr. Abdul Baten (since deceased) calling upon the Deputy Commissioner Dhaka and the opposite party No. 2 to show cause as to why the ...... by the learned Additional Sessions Judge in Revision Case No.381 of 1985 is hereby quashed. Send down the records expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 60. ..Category: Criminal Law | Date: 27 Jun, 1990 | Hits: 110
Abdur Rouf Miah Vs. Fazlur Rahman and others, 1990, 19 CLC (AD)
....ether election commission can order recounting of votes when there was no objection before the Presiding Officer or Returning Officer before consolidation of results Election commission has got power to organize, conduct and hold election in a free and fair manner and direct re-poll in an appr......election commission can order recounting of votes when there was no objection before the Presiding Officer or Returning Officer before consolidation of results Election commission has got power to organize, conduct and hold election in a free and fair manner and direct re-poll in an appropriat......n a fair and honest manner. But he is also subject to the Election Rules. Subject to this observation the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 23. ......n a fair and honest manner. But he is also subject to the Election Rules. Subject to this observation the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 23. ..Category: Election Law | Date: 27 Jun, 1990 | Hits: 139
Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)
....prescribed thereof by the First Schedule of the said Act, the provisions contained in section 4, sections 9-18 and section 22 will apply. Thus it is clear that section 5 is excluded and it does not empower a Court to condone the delay under section 5 of the Limitation Act. Similar view has also been......peal No.13 of 1990) Md. Ishaque……………….....................Appellant Vs. The Government of Bangladesh represented by the Land Acquisition Collector, Dhaka….. Respondent (In Civil Appeal No.14 of 1990) Abdur Rob……&helli......t relating to special or local law which prescribes a special limitation. It may be mentioned that in India Limitation Act was amended by Limitation Act (1963), wherein section 5 has been made specifically applicable by section 29, sub‑section (2) of the Limitation Act. Thus, in India it now stand...... this Court after adjudication by the Courts below. With these words I concur with the decision given by my learned brother. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 28. ..Category: Limitation Law | Date: 25 Jun, 1990 | Hits: 176
Dr. Naimur Rahman and another Vs. Shahbazpur Tea Co. Ltd and another, 1991, 20 CLC (AD)
....ation stating that the appellant No.1 acquired a Tea Garden in his own name and lost all interests in the company’s affairs and business and as such the Board of Directors in pursuance of their power given under clause 17(g) of the Articles of Association formed the Executive Committee and the......In Civil Appeal No. 59 of 1984) Judgment June 19, 1990. Result: The appeals are dismissed. The Companies Act, 1913; Section 162 Whether the learned Company judge fell into serious error of law in staying sine die all further proceedings of winding up petitions without ......s expressly taken in these petitions. Even new facts cannot be incorporated by amendment in the existing applications for winding up and on that score as well the revival of these applications is not called for. The appellants can file fresh applications for winding up new or continuing causes of ac......hat the substratum of the respondent companies is lost, that Respondent No. 2 by his unauthorised and illegal acts and omissions reduced the companies to a proprietary concern, that no annual general meeting of the Companies was held since 1976, that no balance-sheet and/or profit and loss account h..Category: Business or Commercial Law | Date: 19 Jun, 1990 | Hits: 124
Sher Ali Amir Ali Virjee Vs. Eastern Industries (Bangladesh) Ltd. and others, 1990, 19 CLC (HCD)
....ul agreement with the views of Amin Ahmed, CJ in Re. Messrs Anath Bandhu Guha & Sons Ltd. reported in 7 PLR Dacca that the provisions of section 38 arc very wide and the Court has ample scope and power to grant relief and save the parties from being harassed and unnecessarily relegated to protra......e 17, 1990. Result: The Application is allowed. No transfer can be registered without a proper instrument of transfer and share certificate and the company will be perfectly justified to refuse registration of purchaser’s name on the ground of non-production of the share certif......gister of the company in respect of the said 1300 shares. Further question is this, as to whether this 400 shares of the respondent No.3 had been transferred to Mrs. Amir Banoo which has been categorically denied by both the petitioner and the respondent No.3. 8. In the background of the afores......btained a copy of form XII which shows Amir Ali Virjee retired from Directorship of the company on 20.3.86 and some new Directors have been appointed on 19.3.86. It was alleged that no annual general meeting was held nor the post of any new director was created nor any Extraordinary Meeting of the c..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....d Planters and Traders Ltd. Vs. Mosharraf Hossain Khan, 34 DLR 345, a learned Single Judge of the High Court Division held that the provisions of s. 38 are very wide and the Court has ample scope and power to grant relief and save the parties from being harassed and unnecessarily relegated to protra......uddin Ahmed CJ MH Rahman J ATM Afzal J Tamizul Haque and another..............Appellants Vs. Shamsul Haque and others.................Respondents (In Civil Appeal Nos.39 to 41 of 1986). M/s. Haque Brothers Limited..................Appellant Vs. Shamsul......ing In the light of the discussion of the cases referred to above and on consideration of the facts and circumstances of the case it is found that the fact involved are not of complicated nature calling for a detailed investigation in a separate forum. As such High Court Division did not commit......ion'. Finding to this effect of the courts below is perfectly correct. All these appeals are therefore dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 34. ..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
....urt can decide the disputed question of fact and election Tribunal is the only forum to ventilate any such grievance. ....................... (3)
The Election Commission has been vested with the power to organise, hold and conduct the election of Chairman in accordance with the law and the rule......tion Commission for recounting and the Chief Election Commissioner illegally and arbitrarily passed an ex parte order for recounting without any enquiry without giving Respondent No.10 an opportunity to be heard violating the principles of natural justice.
Neither the Election Commission nor th......9 of 1990.
Judgment
Kazi Ebadul Hoque J. - In this case Rule Nisi was issued by a Division Bench (sitting during vacation) on 6.5.90 on the following terms:
"Let a Rule Nisi issue calling upon the respondents to show cause as to why the respondent No. 2 the Election Commission sh......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.
..
Category: Election Law | Date: 24 May, 1990 | Hits: 101
Sonali Bank Vs. Nurul Kader and another, 1990, 19 CLC (HCD)
....p;……………….Opposite Parties Judgment April 5, 1990. Result: This Rule is made absolute. Order 9 CPC indicates that none of the rules empowers a court to dismiss a suit on a date not fixed for hearing. Case Referred To- Sabilr......ip;………….Opposite Parties Judgment April 5, 1990. Result: This Rule is made absolute. Order 9 CPC indicates that none of the rules empowers a court to dismiss a suit on a date not fixed for hearing. Case Referred To- Sabilri Bala Vs. Rohi......rcise of my power under section 115 CPC. The learned Munsif is directed to proceed with the suit in accordance with law. 7. Before I part with the judgment I direct the learned District Judge to call for an explanation from the learned Munsif as to why by order dated 2b.3.86 the, learned Munsif......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. ..Category: Civil Law | Date: 5 Apr, 1990 | Hits: 1
MA Razzaque Vs. Bangladesh Election Commission, 1990, 19 CLC (HCD)
....e plain dictionary meanings of the word "Government" as given in "The Oxford Advanced Dictionary of Current English" (Third Edition, twenty‑fourth impression, 1986) are (1) power to govern, (2) method or system of governing, (3) body of persons governing a state. In Stroud......spondents Judgment April 5, 1990. Result: The Rule is made absolute. A person shall be disqualified for election as for being a chairman of Upazila Parishad, if he is a party to a contract for work to be done for, or goods to be supplied to the Parishad concerned or has othe......tion No.427 of 1990. Judgment Fazle Hussain Mohammad Habibur Rahman, J. - This Rule Nisi was issued under Article 102 of the Constitution at the instance of petitioner MA Razzaque calling upon the five respondents, namely, 1. Bangladesh Election Commission, Dhaka, 2. The Chi......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
Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)
.... land and further to hide the date of purchase of the stamp he purposely pasted papers on the back of the stamp papers. He stated that defendant No.1 was the owner of the lands by a deed of power of attorney. He denied the suggestion that defendant No.1 did not execute Ext.4 and he had no ......aracter It is well settled that evidence of an expert witness is of very weak nature. The evidence and the opinion of the expert deserve consideration like another evidence but such evidence has to be received with great caution……………… (26) Eklas Kh...... of the suit land. P.W.3 the plaintiff stated that the said talk took place on 2.12.69 in presence of the defendants but one of the defendants i.e. No.3 has deposed in this suit, as D.W.2. He categorically denied his presence in any alleged talk of sale of the suit property. There is no witness......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. ......ties of different individuals differ from each other in the matter of observation, perception and memorisation. They can hardly be the ground for rejecting their evidence when there is a consensus as to the substance of their evidence............................... (20) Exactitude and consisten......thers sit in the shop of Absar Ali for gossiping. He asserted in his evidence that the occurrence took place in the month of Ramzan and he came to the place of occurrence before Iftar. He has categorically denied the suggestion that he was not present at the shop of Ansar Ali when the occurrence too......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
Anisuzzaman Vs. State, 1990, 19 CLC (HCD)
....roperty………………………..(13) The charge under section 16 of the Special Powers Act, 1974 can not be invoked for alleged theft of electric power pumps and consequently the order of conviction and sentence is not sustainable in law…&......lowed. The question is whether theft of electric pumps will be an offence punishable within the meaning of section 16 of the Special Powers Act, 1974. It is held that theft of property belonging to the citizen does not attract the provision of section 2(1) of the Special Powers Act and a person......roject authority. In the result, I allow the appeal with the aforesaid observation. The appellant is released from his bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 35. ......roject authority. In the result, I allow the appeal with the aforesaid observation. The appellant is released from his bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 35. ..Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86
Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)
....ce by us. In the result, this appeal is dismissed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ................Appellant Vs. The State…………………………………………………..Respondents Judgment August 16, 1989. Result: This appeal is dismissed. Cases Referred to- Firoza Begum Vs. Hormuz Ali & another, 40 DLR 161; Abdul Halim Mollah alias Monohar Molla......lice Station on 20.2.86 alleging, inter alia, that in the night following 15.2.86 at about 3/3-30 A.M. his daughter Uma Rani Malakar aged about 12/13 years went out of the room in order to answer the call of nature. As she was not returning to the hut he and other people of the village searched for ......ce by us. In the result, this appeal is dismissed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ..Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153
Manindra Kumar Malakar Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....e copy of this order be communicated to the Deputy Commissioner, Gazipur and the Jailor, Gazipur District Jail at once for compliance. Ed. This Case is also Reported in: 43 DLR (1991) 71. ......e it has been categorically found by the Special Tribunal that at the time of occurrence that is in 1986 the detenu was aged in between 16 and 17 years. Since the Tribunal found her age in between 16 to 17 years at the relevant time, she was major under section 361 of the Penal Code and as such she ......ry, Ministry of Home Affairs & others ................Opposite Parties Judgment August 14, 1989. Result: This Rule is discharged. In the present case it has been categorically found by the Special Tribunal that at the time of occurrence that is in 1986 the detenu was ag......e copy of this order be communicated to the Deputy Commissioner, Gazipur and the Jailor, Gazipur District Jail at once for compliance. Ed. This Case is also Reported in: 43 DLR (1991) 71. ..Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104
Sree Birendra Nath Singh and others Vs. Md. Mokbul Shah and others, 1989, 18 CLC (HCD)
....erference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court‑records at once. Ed. This Case is also Reported in: 43 DLR (1991) 77. ....................Opposite Parties Judgment August 2, 1989. Result: The Rule is discharged. Non-exercise of discretion – an error of law The amendment sought for ought to have been allowed by the Trial Court inasmuch as amendment is necessary for determining the real ...... Abdul Momin Talukdar, Advocate ‑ For the Petitioner. MA Sobhan, Advocate ‑ For the Opposite party. Civil Revision No.17 of 1986. Judgment Syed Fazle Ahmed J. - This Rule calls in question the legality and propriety of the Order dated 14.12.85 passed by the learned Munsi......erference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court‑records at once. Ed. This Case is also Reported in: 43 DLR (1991) 77. ..Category: Property Law | Date: 2 Aug, 1989 | Hits: 78
AK Banik & Khokan Kumar Saha Vs. M. Karim & another, 1989, 18 CLC (HCD)
....bsequently may be accepted. Let a copy of this judgment be forwarded to the Secretary, Ministry of Home Affairs forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 122. ......n, Advocate—For the Contemner-Respondents (In both the petitions). Contempt Petition Nos. 9 & 10 of 1989. Judgment Mustafa Kamal J. - These two contempt Rules have been heard together and will be disposed of by the same judgment as they arise out of a same transaction. ......ansactions and the detenus were never actually released. Release from custody does not mean a paper transaction only. It means the actual coming out of the detenus from the precincts of the jail physically and visibly. If the detenus were actually released they would have been re-arrested and w......bsequently may be accepted. Let a copy of this judgment be forwarded to the Secretary, Ministry of Home Affairs forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 122. ..Category: Contempt of Court Law, Criminal Law | Date: 11 Jun, 1989 | Hits: 102
Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)
....he Summary Military Court is void ab initio, without jurisdiction, malafide, baseless and has no legal effect or force and does not bind the plaintiff as the Summary Military Court exercises its power illegally and without jurisdiction and malafide with colourable use of power and without lawfu...........Appellant Vs. A.K. Murshid and others...................................Respondents Judgment May 25, 1989. Result: The Rule is made absolute. Cases Referred to- Nasiruddin Vs. Govt. of Bangladesh & ors. 32 DLR (AD) 216; Khondoker Ehteshamuddin Ahme......tioner. Khandker Mahbubuddin Ahmed, Advocate—For Opposite Parties. Civil Revision No.452 of 1986. Judgment Fazle Hossain Mohammad Habibur Rahman J. - This Rule was issued calling upon the opposite party No.1 AKM Murshed lo show cause why the judgment and order dated 18.1......inate Judge, Narayanganj is directed to dispose of T.S. No.56 of 1984 in accordance with law as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 357. ..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
Hazrat Ali & Abdur Rahman Vs. State, 1989, 18 CLC (HCD)
....emned prisoner Hazrat Ali with the modification of sentence of both the condemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ......Vs. The State.........................................Respondent Judgment April 26, 1989. Result: The death reference is rejected with Commutation of the sentence of death to imprisonment for life. The Evidence Act, 1872 (Act No. I of 1872); Section 27 The ......me. He stated that he recorded the confessional statement of accused Hazrat Ali under section 164 of the Code of Criminal Procedure at his chamber after observing all formalities. This witness emphatically denied that the accused was tortured by the police and then produced before him in an injured ......ddin. He also stated that he saw Hazrat Ali in the house of P.W. Golamuddin with bleeding injuries on his left hand. The evidence of the witness could not be shaken in cross examination regarding his meeting with Hazrat near the house of the doctor. 20. P.W.15 Dr. Golamuddin stated that on 12.1..Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152
....The Commissioner of Police, Calcutta and others, 41 C.W.N. 333 by a Division Bench of the Calcutta High Court and therein it was observed "The question for decision is whether section 100 Cr.P.C. empowers a Magistrate to order the detention of a person who is sui-juris. The words "shall make suc......s.
The Secretary, Ministry of Home Affairs, Govt. of Bangladesh and Others……....Opposite Parties
Judgment
December 13, 1988.
Result:
The Rule is made absolute.
Cases Referred to-
Bhola Nath Goshami Vs. The Commissioner of Police, Calcutta and others, 41 C.W.N. 333; Jai Da......Criminal Miscellaneous Case No.189 of 1988.
Judgment
Fazle Hussain Mohammad Habibur Rahman J.- This Rule was issued at the instance of petitioner Sukhendra Chandra Das under section 491 Cr.P.C. calling upon the Secretary, Ministry of Home Affairs, the Deputy Commissioner Narayanganj, the Speci......t be sent at once to the Sessions Judge and the Deputy Commissioner, Narayanganj and also to the Upazila Magistrate Araihazar Upazila.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 79. ..
Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193
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