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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. ...... 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......ny order as to cost. The impugned judgment is set aside and the order of the learned Company Judge restored. Ed. ...... 3. The Company opposed the petition by filing an affidavit-in-opposition partly denying the allegations of the appellant and contending, inter alia, that their project having been declared as abandoned property and taken over under the President's Order No. 27 of 1972 and placed under the Cor..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)
....ted that the accused be examined under s. 342 Cr.P.C. by the Trial Court and thereupon the case be disposed of according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 62. ......, 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...... by the Trial Court and thereupon the case be disposed of according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 62. ......ted that the accused be examined under s. 342 Cr.P.C. by the Trial Court and thereupon the case be disposed of according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 62. ..Category: Criminal Law | Date: 27 Aug, 1990 | Hits: 76
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. ......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......ppeal could be spared a technical knockout. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 156. ......t of the appeal may be extended in favour of the non‑appealing defendants as because the ground of the decree against all of them is common. Thus the provision of rule 4 of Order 41 only authorises one of the several plaintiffs or defendants to prefer appeal. But the appeal which was incompetent a..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. ......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......vidence which will be adduced by the petitioner shall be recorded by the Magistrate. Ed. This Case is also Reported in: 43 DLR (1991) 66. ......lt: 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 sam..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. ......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 ...... 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. ......n four years from the date of confirmation of the sentence by the High Court Division and the appellant has suffered a prolonged agony for laches of others – Hence death sentence is commuted to one of life imprisonment. Case Referred to- Sheikh Minted Vs. The State 3, BSCR 417. ..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)
....on. It was not a case of no evidence at all. The petition is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) 272 This Case is also Reported in: 44 DLR (AD) (1992) 272. ......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...... Ed. This Case is also Reported in: 44 DLR (AD) 272 This Case is also Reported in: 44 DLR (AD) (1992) 272. ...... ATM Afzal J Latifur Rahman J Managing Director, Bangladesh Machine Tools Factory Ltd………………………………Petitioner Vs Chairman, 2nd Labour Court and another……………...R..Category: Labour and Industrial Law | Date: 16 Aug, 1990 | Hits: 168
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. ...... 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......t 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. ...... constable No. 769 Md. Shamsul Alam (PW 2) and others went out on patrol duty in Tan Bazar area at about 10 PM. At that time they noticed that the accused was coming from the prostitute quarters with one girl named Rebaka who was weeping. On suspicion, the police party detained the accused and the g..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 ...... 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 ...... without however any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121 ...... interest and benefit" of both the partners and not for the firm itself. He led evidence to that effect. It is too late in the day to assert that because of the acquisition of the properties by money belonging to the firm these are ipso facto partnership properties. The plaintiff has also prove..Category: Civil Law | Date: 14 Aug, 1990 | Hits: 121
Nannu Gazi Vs. Awlad Hossain & others, 1990, 19 CLC (AD)
....t aside and it is directed that the case (GR Case No.1185 of the Court of Upazila Magistrate, Amtali) proceed according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 63. ......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......o.1185 of the Court of Upazila Magistrate, Amtali) proceed according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 63. ......t in this case the prosecution has not yet been given any chance to examine witnesses. Provision of section 241A is found to have been seriously misconceived by the learned Magistrate. It may be mentioned here that the provision in section 241A is not altogether new in the Criminal Procedure Code. T..Category: Criminal Law | Date: 14 Aug, 1990 | Hits: 60
Golam Kader Vs. Abdul Khaleque Choukder and others, 1990, 19 CLC (AD)
....uit No.7 of 1969 with the present suit, if they so desire. Consequently, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 106. ......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.......al is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 106. ...... 7. The suit as filed by the plaintiffs is a suit for specific performance of contract wherein the real question to be determined is whether the contract for sale between the parties was a genuine one and whether on the basis of that the plaintiffs are entitled to get a decree. 8. From the a..Category: Civil Law | Date: 13 Aug, 1990 | Hits: 94
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. ......tate................................... Appellant Vs. Abdus Sattar and others..........Accused-Respondents Judgment August 9, 1990. Result: The impugned judgment and order are set aside. The Code of Criminal Procedure, 1898 (V of 1898), Section 423 When A......rected to surrender forthwith and serve out the sentence imposed upon them. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 44. ......d others. 4. Prosecution case as found from the evidence of P.W.2, Ali Akbar, an eye‑witness of the occurrence is that he, Abdul Hakim, ldris Talukder and Emdad Hawlader (respondent No.3) and one Eusuf Boyati Patuakhali by a boat on way home before Asar prayer time. He and ldris left the boa..Category: Criminal Law | Date: 9 Aug, 1990 | Hits: 50
Keramat Ali Bhuiyan Vs. Ramizuddin Ahmed Bhuiyan, 1990, 19 CLC (AD)
....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. ......ted from appearing in the Court when the suit was called on for hearing on 3.1.78. The petitioner opposed the prayer, inter alia, on the ground of limitation. 2. The teamed Subordinate Judge by order dated 18.7.84 allowed the Misc. Case No. 937 of 1981 and restored the suit to its file and num......ate fixed. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 58. ...... (Civil) Present: Shahabuddin Ahmed CJ A T M Afzal J Mustafa Kamal J Keramat Ali Bhuiyan being dead his heirs, Shahida Khanam & another ...........Defendant-Petitioners Vs. Ramizuddin Ahmed Bhuiyan........................................................Category: Procedural Law | Date: 8 Aug, 1990 | Hits: 108
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. ......, Advocate-on-Record -For the Respondent No.1 (In all the appeals). Not represented - Respondent Nos.2-3 (In all the appeals). Civil Appeal Nos.33 to 39 of 1990. (From the judgment and order dated 13.11.89 passed by the High Court Division, Dhaka, in Writ Petition Nos.167, 168, 169, 1......s Case is also Reported in: 43 DLR (AD) 154. ......just by 30 days notice or by paying 30 days' salary in lieu thereof. Possibility of arbitrary exercise of this power to terminate is there. The pay in lieu of notice is also very negligible i.e., one month's pay. In many other organisations or industrial establishments, ordinarily three mont..Category: Employment/Service Law | Date: 8 Aug, 1990 | Hits: 101
Kazi Abdul Jalil Vs. Jashim Munshi and another, 1990, 19 CLC (AD)
.... The impugned order of the High Court Division is set aside and that of the Sessions Judge is restored. The appeal is allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ...... Joynul 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 ......et aside and that of the Sessions Judge is restored. The appeal is allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ......d started at the time when there was no time‑limit for its conclusion. Had this provision been intended to be mandatory, the consequence for non‑compliance thereof would have been definitely mentioned., that is, it would have been provided that if the pending investigation is not completed withi..Category: Criminal Law | Date: 6 Aug, 1990 | Hits: 50
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. ......structed 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 1...... is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 89. ......tiff-Respondents Judgment August 5, 1990. Result: The appeal is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order 6 rule 17 This is not substitution of one cause of action for another, but a consolidation, of all‑wrongs allegedly done to the deceased..Category: Procedural Law | Date: 5 Aug, 1990 | Hits: 91
Abdul Hai Sikder and another Vs. State, 1990, 19 CLC (AD)
.... 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. ......ellants. 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). ......he conviction. We find no merit in this appeal. Hence the appeal is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) 95. ...... 4 witnesses were examined by the prosecution of whom P.Ws. 2, 3 and 5 were declared hostile. PW 4 is the doctor who held post-mortem examination on the dead body of the deceased Abdul Aziz. He found one punctured wound 1" x ¼" x ½" on the left shoulder directed medially..Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 91
Abul Kashem and others Vs. The State, 1990, 19 CLC (AD)
....lowed. The appellants shall appear before the Sessions Judge, Bhola and till then the bail granted by this Court will continue. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 77. ......-Record-For the Appellants. B Hossain, Deputy Attorney-General, instructed by AW Mallik, Advocate-on-Record-For the Respondent. Criminal Appeal No.22 of 1989. (From the judgment and order dated 25th May, 1989 passed by the High Court Division, Barisal Bench, Barisal in Criminal Rev......ons Judge, Bhola and till then the bail granted by this Court will continue. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 77. ......was convicted under sections 326/379 of the Penal Code and sentenced to suffer rigorous imprisonment for 1-1/2 years and also to pay a fine of Tk. 500/- in default to suffer rigorous imprisonment for one month more. Appellant Nos. 2 and 3 were convicted under section 323 of the Penal Code and each o..Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 51
Badsha Mia and others Vs. Abdul Latif Majumder and others, 1990, 19 CLC (AD)
....ond forthwith. The Deputy Commissioner, Comilla will report compliance of the order of this Court within 2(two) months from date. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 10. ...... Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record - For the Respondent No. 3. Ex parte - Respondent Nos. 1-2 and 4-12. Criminal Appeal No. 39 of 1985. (From the Judgment and order dated 12th August, 1985 passed by the High Court Division Comilla Bench, Comilla in Civil Rule......ill report compliance of the order of this Court within 2(two) months from date. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 10. ......pt its' own procedure. Normally contempt proceedings are disposed of by affidavits and counter affidavits- the question of taking evidence in the present case would have arisen provided the petitioners would have specifically denied the allegations made in the petition for drawing up a proceedin..Category: Criminal Law | Date: 30 Jul, 1990 | Hits: 59
....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.
......ngly the District Authority locked and sealed the bank along with its branches and kept all the documents and papers in the safe custody of Kotwali Police Station, Mymensingh. On 28th March, 1956 the order of liquidation was passed by his Lordship Mr. Justice Hamoodur Rahman and Mr. Shehabullah, a S......dant 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.
......eme Court
High Court Division
(Original Civil Jurisdiction)
Present:
Md. Mozammel Hoque J
Official Liquidator, East Bengal Commercial Bank Ltd. (In Liquidation)…......Plaintiff Petitioner
Vs.
Mrs. Jahura Khatun & others...................................................De..
Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
Abdur Rahman Mondal and others Vs. State, 1990, 19 CLC (AD)
....ellate Court for re‑hearing and disposal on the basis of the existing evidence on record in accordance with law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17. ..........Respondent Judgment July 23, 1990. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), Section 423 Whether an appellate court can order retrial of a criminal case when evidence on record are sufficient to decide the appeal only to......asis of the existing evidence on record in accordance with law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17. ......ka in GR Case No. 1470/88 by his judgment and order dated 6.9.89 convicted the accused-appellants under sections 447/379/427 of the Penal Code and sentenced accused‑appellant No. 1 to suffer RI for one year 6 months and sentenced accused-appellant Nos. 2‑3 to suffer RI for 6 months each for thei..Category: Criminal Law | Date: 23 Jul, 1990 | Hits: 52
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