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Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)
....ompany and respondent No. 3 had 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...... 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)
.... was asked to join in Mymensingh Office. 4. Respondent instituted OC Suit No. 253 of 1976 in the Court of Munsif, Netrokona for a declaration that the aforesaid order dated 26th June, 1976 was illegal and void. 5. The appellant contested that suit asseruing, inter alia, that the plaintiff ......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. ..Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112
Narayan Chandra Sil Vs. Manhar Mandal, 1991, 20 CLC (AD)
....ider that the decree was put into execution for realisation of decretal costs and the validity of the decree was not under challenge and the main question was whether the auction sale was validly and legally held. It appears that the High Court Division did not apply his judicial mind to those mater......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)
....ng, 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. PBA Selim was the original owner ......he house in question cannot be treated as an abandoned property and as Nasiruddin was a pension holder and never parted with the administration and supervision of his property a direction to maintain status quo in regard to the building was given. Nasiruddin entered to an agreement for sale of the a..Category: Property Law | Date: 5 Nov, 1990 | Hits: 95
Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
....dure can be applied when the non‑appealing defendant has not been impleaded in the appeal at all and is not before the Appellate Court. The language of rule 4 of Order 41 of the Code creates a legal fiction in the sense that the appeal filed by some of the defendants will be treated to be an ......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
Abul Kashem @ Kashem Vs. State, 1990, 19 CLC (HCD)
.... conviction of the accused appellant and the conviction is without any evidence whatsoever. He further contends that as the schedule and non‑schedule offences were charged together, the charge is illegal and the trial is vitiated by illegality. 8. Now let us see what evidence the prosecution ad......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. ..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)
.... 14, however, includes a fifth kind of property and rights and interest in property if the same is acquired with money belonging to the firm, "unless the contrary intention appears". Thus a legal fiction has been created. Though property acquired with money belonging to the firm may not ha...... 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
Afruz Miah (Md) and another Vs. Alhaj Md. Siraj Miah, 1990, 19 CLC (AD)
....ahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Afruz Miah (Md.) and another..................... Defendant-Appellants Vs. Alhaj Md. Siraj Miah being dead his legal heirs: Karimunnessa and others ... Plaintiff-Respondents Judgment August 5, 1990. ...... 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. ..Category: Procedural Law | Date: 5 Aug, 1990 | Hits: 91
....d decree, preferred an appeal being OC Appeal No. 45 of 1977 and the same is pending in the Court of the District Judge, Mymensingh.
3. It is further alleged that the defendant Nos. 2‑5 are in illegal possession of the said properties as shown in the schedule of the plaint. The defendant Nos. 2......suit is dismissed on contest against the defendant No. 2 and 3 and ex parte against the rest. But there shall not be any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 558.
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Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)
....ct and law, arrived at by the lower Appellate Court. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 55. ......nsignificance. These are matters which cannot be ignored in determining the character of Giribala's possession. All these facts in their totality have crowned Giribala and her successors with the status of permanent tenants. It is difficult under the circumstances to limit Giribala and her succe..Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115
Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)
....5. The principle on which hearing a proceeding is allowed to continue after the death of the accused appears to be that the sentence of fine may affect the properties falling in the hands of the legal representatives of the accused and in such circumstances the legal representatives of the accu......ent and order dated 21.12.85 allowed the revisional application and directed the Additional District Magistrate, Dhaka to restore possession of the disputed land to the opposite party and to maintain status quo ante, that is, to maintain possession as it was previous to the passing of the impugned o..Category: Criminal Law | Date: 27 Jun, 1990 | Hits: 110
Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)
....of 60 days in filing such appeal. Admittedly the appeals were barred by 48 days and the learned Judges of the High Court Division condoned the delay under section 5 of the Limitation Act. 4. The legal questions that have been raised in Civil Appeal Nos.13 and 14 of 1990 relating to applicabilit...... 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
Sher Ali Amir Ali Virjee Vs. Eastern Industries (Bangladesh) Ltd. and others, 1990, 19 CLC (HCD)
....ather, respondent No.3 to Dhaka on 22nd March, 1986, Thereafter the petitioner Mr. Sherali Amir Ali Virjee, who is a notorious person and a leader of local mastaans, in presence of respondent No.3, illegally removed industrial raw materials as well as finished products and cash of Tk.75 lacs from th......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. ..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
Atiqur Rahman Vs. AKM Fazlul Hoque, 1990, 19 CLC (HCD)
.... facie can be based on suspicion. 28 DLR (AD) 38 and 27 DLR (AD) 29 cited. In the first case under reference three categories of case have been mentioned where the court can quash a pending legal proceeding (1) Where the facts alleged are so preposterous that they cannot from the basis of ......ni. In the result, the Rule is discharged and stay granted by this Court earlier is vacated. Sent down the records at once. Ed. This Case is also Reported in: 43 DLR (1991) 49. ..Category: Fiscal/Taxation Law | Date: 11 Jun, 1990 | Hits: 80
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....d 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 any illegality in deciding the same in summary proceedings. The Limitation Act, 1908 (IX of 1908), Ar......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
Siddik Ali Vs. Nurun Nessa Khatun and others, 1990, 19 CLC (AD)
....llows: "116. Effect of holding over.- If a lessee or under-lessee of property remains in possession thereof after the determination of the lease granted to the lessee, and the lessor or his legal representative accepts rent from the lessee or under-lessee, or otherwise assents to his conti......defendants. In the result, the appeal is allowed. Prayer for substitution is allowed after setting aside abatement. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 3. ..Category: Property Law | Date: 28 May, 1990 | Hits: 57
....re the Presiding Officer or pray for recounting the ballots. In this case the petitioner filed an application before the Chief Election Commission for recounting and the Chief Election Commissioner illegally and arbitrarily passed an ex parte order for recounting without any enquiry without giving R......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.
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Category: Election Law | Date: 24 May, 1990 | Hits: 101
Fazal & others Vs. State, 1990, 19 CLC (HCD)
....e absolute. Every judgment shall be dated and signed by the presiding officer in open court at the time of pronouncing it. Hence putting the date along with the signature is mandatory. This is a legal provision under section 367 of the Code of Criminal Procedure. MK Zaman & others Vs. Matia......he accused petitioners be acquitted of the charge levelled against them. The accused petitioners be discharged from their bail bonds. Ed. This Case is also Reported in: 43 DLR (1991) 40. ..Category: Criminal Law | Date: 14 May, 1990 | Hits: 66
Kanak Mala Vs. Md. Safiuddin & others, 1990, 19 CLC (HCD)
....te ‑For the Petitioner. Golam Rabbani, Advocate ‑ For the Opposite Party No.1. Civil Revision No. 1015 of 1988. Judgment Syed Fazle Ahmed J. - This Rule calls in question the legality and propriety of the Judgment and decree dated 30.6.88 passed by Subordinate Judge, 4th Cou......ly set aside and the suit is dismissed. In the result, the Rule is made absolute as indicated above without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 38. ..Category: Property Law | Date: 5 Apr, 1990 | Hits: 74
Sonali Bank Vs. M/s Begg & Beg Jute Incorporated Limited & others, 1990, 19 CLC (HCD)
....efence side did not pay as promised in satisfaction of the plaintiff's dues. There was dues and owning a sum of T'k. 11,05,485/39 paisa in the said account as on 20.1.83. The plaintiff served legal notice on 10.8.82 demanding payment but the defendants failed to pay the said amount. Hence th...... discretion in refusing the interest to the plaintiff. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 27. ..Category: Civil Law | Date: 1 Apr, 1990 | Hits: 79
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