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Paul and Co., Narayanganj Vs. Bangladesh Bank, represented by its Governor and others, 1991, 20 CLC (HCD)

....ed outstanding dues till 30.6.91 as per agreement dated 21.7.91. Let a copy of this judgment be sent to Respondent Nos. 1, 3, 5 and 6. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 8.......ed outstanding dues till 30.6.91 as per agreement dated 21.7.91. Let a copy of this judgment be sent to Respondent Nos. 1, 3, 5 and 6. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 8.......ces between the Bank and its clients; but the Bangladesh Bank as the Central bank had asked the schedule Banks like the Agrani Bank to submit a list of its defaulters in respect of loans and advances amounting to Taka 2.50 crore more till 31.12.1990; that the Agrani Bank accordingly submitted a list..

Category: Banking Law | Date: 27 Aug, 1991 | Hits: 180

Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)

....e trial Court dismissing the suit is hereby restored. The rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 291. ......constrained to hold that neither the vendee nor the pre‑emptor acquired any title in the land under the oral contract of sale, and since there is no writing by a party to evidence the contract, the principle of part performance as determined under the statute is not available in defence to the res......it property also from the defendant No.1. Accordingly, in pursuance of a talk between them the price of the suit property was fixed at Taka 10,000/‑. Thereafter the plaintiff paid the earnest money amounting to Taka 8,000/‑ in four instalments within the month of Falgoon 1384 BS. On receipt of t..

Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958

Nilkhi Arial Kha Matsyajibi Samabaya Samity Ltd. Vs. Secretary, Ministry of Land and others, 1991, 20 CLC (HCD)

....nt No.4) shall put the fishery in question in public auction on 1st or 2nd Baisakh, 1399 BS or within a week from 1st Baisakh, 1399 BS. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 1. ......nt No.4) shall put the fishery in question in public auction on 1st or 2nd Baisakh, 1399 BS or within a week from 1st Baisakh, 1399 BS. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 1. ...... of the said fishery in favour of the petitioner society. Since the delivery of possession of the said fishery the petitioner society is in continuous possession uninterruptedly investing substantial amount of money in rearing and preserving fishes and for putting dal‑kata, bamboo fencing, earth c..

Category: Property Law | Date: 30 May, 1991 | Hits: 85

Rahela Khatun Vs. Chairman, Court of Settle­ment, Bangladesh Abandon­ed Buildings, 1991, 20 CLC (HCD)

....ttlement in case No.1043 of 1987 as evidenced by Annexure I to the petition is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 5. ......ttlement in case No.1043 of 1987 as evidenced by Annexure I to the petition is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 5. ...... Khatun, the petitioner, on 20.11.70 agreeing to sell the said holding to her at a consideration of Tk. 8,000.00 on receipt of Tk. 6,500.00 as earnest money and thereafter the petitioner paid further amount of Tk. 1000.00 later on and there was a balance of Tk. 500.00 only to be paid at the time of ..

Category: Property Law | Date: 12 Mar, 1991 | Hits: 77

Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)

....the rule and we must not be understood to have expressed any opinion about the merit of the Criminal Proceeding sought to be quashed. Ed. This Case is also Reported in: 43 DLR (1991) 150. ......urt is not given nor did it ever possess, unrestricted and undefined power to make any order it might be pleased to consider was in the interest of justice. Its inherent powers are much controlled by principle and precedent as are its expressed power conferred under the statute. The High Court canno......The learned Advocate also submits that since the petitioner has not committed any offence within the meaning of section 19(a) and (f) of the Arms Act, continuation of the Criminal Proceeding will tantamount to the abuse of the process of the Court and to secure the ends of justice, the said proceedi..

Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92

Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)

.... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ...... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ......ives rise to the Miscellaneous Case No. 109 of 1990 it was the case of the petitioner Ventura Industries Ltd. that in spite of the fact that the petitioner Ventura Industries supplied the contractual amount of coal at the port of' destination by carrying it through seven different ocean going bo..

Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5

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. ......onal, if the case in which the question is raised can be properly disposed of in some other way. In this case no law is required to be declared unconstitutional but an execution order and so the said principle has no application to the present case. The learned Additional Attorney‑General also ref......nd also paid Tk. 11,60,024.85 towards repayment of local currency loan. Thereafter by coercive method the said Bank raised a further sum of Tk. 20,57,30,000. Even thereafter the said Bank demanded an amount of Tk. 82,07,438.00 which was refuted by the Company. Thereafter the said Bank filed Miscella..

Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184

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. ...... be dissolved…………………………...... (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 ...... 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. ..

Category: Company Law | Date: 19 Dec, 1990 | Hits: 195

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. ...... 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 of any principle of natural justice. Therefore, the respondent's contention that he acquired a vested r......Court ,alter relying on Anwarul Huq Khan Vs. Government of Bangladesh and others 31 DLR 21 and the Government of Bangladesh Vs. Md. Ismail Hossain, 31911 (AD) 127 declared that the order of reversion amounted to reduction in rank and it was void and &gal. The High Court Division upheld the order..

Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112

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. ......instant case, the question of pre‑emption by a contiguous land holder is not involved, and as such those decisions are not relevant except, of course, for the purpose of keeping in mind the general principle as to pre‑emption, that is, convenience of the parties involved. 10. Here in this ......one at all, for he cannot be permitted to pick and choose the holdings according to his own convenience. Learned Advocate further contends that the pre‑emptor is also required to deposit the entire amount of the consideration money, as stated in the kabala, at the time of filing the application fo..

Category: Property Law | Date: 1 Nov, 1990 | Hits: 40

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. ......d 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 for the appe......ed hardly at Tk. 3,79,500.00. The Company failed and neglected to pay its liabilities and it appeared that the Company was unable to liquidate the same. It has been stated in the application that the amount of indebtedness of the Company is much over Tk. 500.00 and the Company is thus liable to suff..

Category: Business or Commercial Law | Date: 29 Aug, 1990 | Hits: 122

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. ......f the defendants was joint and indivisible against all the defendants, then it follows that their failure to implead the remaining defendants, or any of them, would render the appeal incompetent. The principle underlying this rule is that otherwise inconsistent and contradictory decrees would decree......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)

....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. ......ellant Vs. Mohd Obaidur Rahman & 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......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. ......ferring to the confession of the co‑accused. In that case it was held: "Section 30 by itself does not need any corroboration but by using the rule of prudence it is now an accepted principle that there should be corroborative circumstances. In the present case the corroborative ci......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

State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)

....nder section 201 is set aside. The respondents are directed to surrender forthwith and serve out the sentence imposed upon them. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 44. ......wing the evidence on record When there is serious defect in the process of reasoning of the High Court Division in arriving at its findings and there has been manifest disregard of the accepted principles of appreciation of evidence occasioning a failure of justice Appellate Division can arriv......nder section 201 is set aside. The respondents are directed to surrender forthwith and serve out the sentence imposed upon them. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 44. ..

Category: Criminal Law | Date: 9 Aug, 1990 | Hits: 50

Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan (Md) & others, 1990, 19 CLC (AD)

.... In the result, all the appeals are allowed without, however, any cost, and the impugned order of the High Court Division is set aside. Ed. This Case is also Reported in: 43 DLR (AD) 154. ......in the four corners of the law the Court cannot nullify it on the ground that it is harsh or cruel. However there is no such requirement in the Rules to assign reasons for termination. Similarly, the principle of natural justice by serving a show cause notice is also not applicable in this case as t...... In the result, all the appeals are allowed without, however, any cost, and the impugned order of the High Court Division is set aside. Ed. This Case is also Reported in: 43 DLR (AD) 154. ..

Category: Employment/Service Law | Date: 8 Aug, 1990 | Hits: 101

Afruz Miah (Md) and another Vs. Alhaj Md. Siraj Miah, 1990, 19 CLC (AD)

.... present case, the same suffers from no illegality. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 89. ...... present case, the same suffers from no illegality. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 89. ......ng Director of the said private limited company. During the early part of 1980 deceased Siraj Miah suffered from complete nervous break-down hearing the news that appellant No. 1 misappropriated huge amount of money from his restaurant business in UK taking advantage of the absence of Siraj Miah fro..

Category: Procedural Law | Date: 5 Aug, 1990 | Hits: 91

Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)

.... 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. ......ant but the other part which related to the sentence of fine shall not abate on the death of the appellant. Supported by the case AIR 1957 A11 20, 58 Cr LJ 16 [J16 and AIR 1962 (Mysore) 275. The principle on which hearing a proceeding is allowed to continue after the death of the accused appear......e for the petitioner further submits that direction given by the learned Additional Sessions Judge by the impugned order to restore the possession of the disputed land to the opposite party No. 2 tantamounts to reviewing and altering the judgment and order passed earlier by the Court having competen..

Category: Criminal Law | Date: 27 Jun, 1990 | Hits: 110

AKM Hedayetul Islam Vs. Executive Vice Chairman, Bangladesh Agricultural Re­search Council and another, 1990, 19 CLC (HCD)

....reby set aside and those of the learned Munsif are restored although not on the same grounds. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 44. ......fic rules regulating such proceedings existed. In the absence of such specific rules governing or regulating the disciplinary proceedings against the petitioner the court has to see whether the basic principles of conducting and concluding such prceedings were followed by the opposite party...............ry allegation that the Director had a plan to appoint Mr. Shahadat Hussain as Accounts Officer and instigated Mr. Md. Amjad Ali to bring aspersion on the Director and the Administrative Officer which amounted to serious misconduct." 13. From the above four charges it appears that in charge..

Category: Employment/Service Law | Date: 20 Jun, 1990 | Hits: 74

Sher Ali Amir Ali Virjee Vs. Eastern Industries (Bangladesh) Ltd. and others, 1990, 19 CLC (HCD)

....o order as to costs. Mr. Tofailur Rahman has prayed for stay of the operation of the judgment for 6 weeks. The prayer is refused. Ed. This Case is also Reported in: 43 DLR (1991) 54. ......o order as to costs. Mr. Tofailur Rahman has prayed for stay of the operation of the judgment for 6 weeks. The prayer is refused. Ed. This Case is also Reported in: 43 DLR (1991) 54. ...... present petitioner wrote to the respondent No.2 on 18.6.86 about the transfer of the aforesaid shares. The affidavit in respect of the gift as well as the instrument of transfer duly stamped with an amount of Tk. 1950/‑ were also annexed with that letter sent by the present petitioner. The respon..

Category: Company Law | Date: 17 Jun, 1990 | Hits: 184