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Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)

.... rejected. 10. Annexure‑A to the affidavit‑in‑opposition is form 117 namely, the instrument of transfer of share. It is a photo copy of the alleged original instrument of transfer of share dated 20.8.89. Here the signature of the transferor as ‘I’ Siddiqui' being disputed ......ed to a case reported in 34 DLR (AD) 47 and the judgment of the Court given in Matter No. 24 of 1988 on 17.7.90. In the facts and circumstances of the present case I am of the view that aforesaid two decisions are not of any assistance to the case of the Respondent Company. It appears that absolutel..

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

State Vs. Md. Shafiqul Islam alias Rafique and another, 1990, 19 CLC (AD)

....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 Case ......ea of innocence and, relying on Siraj Vs. Crown, 9 DLR SC 177, acquitted the accused. 8. On behalf of the State it is contended that the learned Judges of the High Court Division misapplied the decision in 9 DLR SC 177 in the instant case as the evidence of P.Ws.2, 3 and 9 shows the complicity..

Category: Criminal Law | Date: 12 Dec, 1990 | Hits: 104

Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)

....For the Appellant Rafiqur Rahman, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record- For the Respondent. Civil Appeal No. 25 of 1988 (From the judgment and order dated 25 November, 1986 passed by the High Court Division, Dhaka in Civil Revision No.71 of 1981). ......ms on which the officiating post had been given. It is in no way a punishment and is not, therefore, a reduction in rank." 13. The Pakistan Supreme Court consistently held in a number of decisions that reversion of an incumbent to his substantive post from the higher post to which he wa..

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

Tayeb Ali Vs. Abdul Khaleque and others, 1990, 19 CLC (AD)

....enior 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). Judgm......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. ..

Category: Property Law | Date: 27 Nov, 1990 | Hits: 47

Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)

.... the house namely Holding No.300 (old), Road No. 25 Dhanmondi Residential Area, Dhaka which he constructed after obtaining lease of a plot of land from the Government under a registered deed of lease dated 26.6.57. Mr. Selim while serving in the United Nations Economic Commission for Asia and Far Ea......ithin the meaning of PO 16 of 1972. He further urges that the Court of Settlement in absence of any material to show that the Government formed its opinion that building is an abandoned property, the decision of the Court of Settlement suffers from excess of jurisdiction. He also contends that enlis..

Category: Property Law | Date: 5 Nov, 1990 | Hits: 95

Karimunnessa Begum Chowdhurani and others Vs. Niranjan Chowdhury and another, 1990, 19 CLC (AD)

....nior 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) of 1......tion for pre‑emption, the pre‑emptor's application for pre‑emption was hit by the rule as to bar of partial pre‑emption; on this finding the appellate Court reversed the trial Court's decision and dismissed the application for pre-emption. 3. Pre‑emptor challenged this decisi..

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

Kazi Mobarak Ali Vs. Mohammad Yeasin Mazumder and others, 1990, 19 CLC (AD)

....vocate-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 Appeal N......d by the High Court Division, Comilla Bench, in Civil Revision No.12 of 1984). Judgment Shahabuddin Ahmed CJ.- In this appeal the only question is whether a suit challenging the unanimous decision of a Village Court, constituted order the Village Courts Ordinance, 1976, is maintainable o..

Category: Others | Date: 29 Aug, 1990 | Hits: 115

Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)

....-For the Respondent No.2. Khalilur Rahman Advocate instructed by Md. Ataul Haque Advocate-on-Record-For the Respondent No. 3. Civil Appeal No. 27 of 1990. (From the Judgment and Order dated 27 th February, 1990 passed by the High Court Division, Dhaka in Company Appeal No.17 of 1986)......ng. Truly, the substratum of the Company is gone. For the reasons stated above, we do not think that the learned Judges of the Division Bench have acted properly and correctly in overturning the decision of the learned Company Judge. In the result, therefore, the appeal is allowed without any o..

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)

....eme 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 of 1983......ularity 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 granted by us to consider whether this decision was well founded in law. 4. We have heard Mr. KZ Alam, learned Advocate for the appel..

Category: Criminal Law | Date: 27 Aug, 1990 | Hits: 76

Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)

....Miah Abdul Gafur, Advocate-on-Record-Respondent No.1. Ex parte - Respondent No.2. Moinul Huq, Advocate - Amicus Curiae. Civil Appeal No. 43 of 1989. (From the Judgment and decree dated 5th March, 1989 passed by the High Court Division, Dhaka in Appeal From Original Decree No.24 ...... to implead a necessary party would remain incompetent till the end of it, unless otherwise during the pendency of the appeal necessary parties are brought on record. 11. There is a long line of decisions of this sub‑continent that rule 4 of Order 41 of the Code will apply provided the appeal..

Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106

Sharif (Mohd) Vs. Mohd Obaidur Rahman & others, 1990, 19 CLC (HCD)

.... 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 same Magistrate so that there is no conflicting decision and the parties are not prejudi......e 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 same Magistrate so that there is no conflicting decision and the parties are not prejudiced and the trying Magistrate also keeps the cases of both p..

Category: Criminal Law | Date: 21 Aug, 1990 | Hits: 80

Wajear Rahman Moral (Md) Vs. The State, 1990, 19 CLC (AD)

....mated to imprisonment for life when the accused suffered agony of death due to long delay in executing death sentence The death sentence has not been executed after more than four years from the date of confirmation of the sentence by the High Court Division and the appellant has suffered a pro...... and true. From the evidence it appears that the charge under Section 302 against appellant. Sheikh Ahmed has been satisfactorily proved and he has been rightly convicted thereunder." This decision rather goes to support the prosecution. 12. Lastly the learned Counsel for the appell..

Category: Criminal Law | Date: 20 Aug, 1990 | Hits: 84

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. ......cate for the appellant is that the trial is vitiated, for misjoinder of charges as both schedule and non‑schedule offences are charged together. In support of his contention, he put reliance on the decision reported in 33, 35 and 31 DLR at pages 203, 127 and 174 respectively. The decision reported..

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)

....Pal, Senior Advocate instructed by Aminul Huq, Advocate-on-Record-For the Respondent Nos. 1‑8. Ex part Respondent Nos.9‑19. Civil Appeal No.7 of 1986. (From the judgment and decree dated 15, 8.84 passed by the High Court Division, Chittagong Bench in First Appeal No.153 of 1964). ......on appears". The legal fiction creates only a rebuttable presumption. Even when the purchase money is money belonging to the firm, that fact itself is not decisive. In a case of this nature, the decision of the question whether the disputed property is or is not a partnership property would dep..

Category: Civil Law | Date: 14 Aug, 1990 | Hits: 121

Golam Kader Vs. Abdul Khaleque Choukder and others, 1990, 19 CLC (AD)

....ted 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.329 of......h Court Division set aside the order and disallowed the application for addition of parties. 5. Leave was granted to consider whether the High Court Division committed any error in reversing the decision of the trial Court by holding that the appellants are not necessary parties and consequentl..

Category: Civil Law | Date: 13 Aug, 1990 | Hits: 94

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

.... instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondents Nos. 1 and 3-4. Ex‑parte ‑ Respondent No.2. Criminal Appeal No. 30 of 1986. (From the Judgment and Order dated 20.5.85 passed by the High Court Division, Barisal Bench in Criminal Appeal No.9 of 1982.) ...... The Code of Criminal Procedure, 1898 (V of 1898), Section 423 When Appellate Division can convert an order of acquittal of the accused persons by the High Court Division agreeing with the decision of the trial court by reviewing the evidence on record When there is serious defect i..

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

Keramat Ali Bhuiyan Vs. Ramizuddin Ahmed Bhuiyan, 1990, 19 CLC (AD)

....ion is dismissed. The Code of Civil Procedure, 1908 (V of 1908) Order IX, Rule 9 Whether there is any necessity to condone the delay when defendant was prevented from information about the date of hearing due to the mistake or default of the court or its officers When an injury is c......earned advocate of the parties about the receiving back of the record and the next date fixed. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 58. ..

Category: Procedural Law | Date: 8 Aug, 1990 | Hits: 108

Kazi Abdul Jalil Vs. Jashim Munshi and another, 1990, 19 CLC (AD)

....ynul Abedin, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Not Represented-Respondents. Criminal Appeal No.7 of 1986. (From the judgment and order dated 1.8.1984 passed by the High Court Division, Barisal Barisal0 Criminal Revision No.11 of 1984).......that section 167(5) (7) was applicable to this case and accordingly quashed the entire proceeding against the respondents i.e. GR Case No. 46 of 1982. Leave was granted by us to consider whether this decision was correct in law. 3. The provision for specifying a time within which an investigat..

Category: Criminal Law | Date: 6 Aug, 1990 | Hits: 50

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

....ed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 1(a) to 1 (e). Not Represented - Respondent Nos. 2‑8. Civil Appeal No. 85 of 1989. (From the judgment and order dated 29.8.1989 passed by the High Court Division, Sylhet Bench in Civil Revision No. 103 of 1985). ...... had to file‑separate suits challenging different alienations during the period of his alleged insanity, he would have had to prove insanity separately in each suit, which might lead to conflict of decisions, which is least desirable. Since after filing of the suit, the deceased plaintiff came to ..

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

Abdul Hai Sikder and another Vs. State, 1990, 19 CLC (AD)

....s. B Hossain, Deputy Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Respondent (State). Criminal Appeal No.19 of 1988. (From the judgment and order dated 29.6.66 passed by the High Court Division, Dhaka in Criminal Appeal No.47 of 1985). Judg...... fullness and completeness are enough to justify the conviction. We find no merit in this appeal. Hence the appeal is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) 95. ..

Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 91