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Jahangir Nagar University Co‑operative Housing Society Vs. Mujibur Rahman (Md.) & others, 1990, 19 CLC (HCD)

....tian in Misc. Case No. 5(b) of 73‑74 for 5.72 acres. The name of Shahidur Rahman was also recorded in the RS Khatian. Thereafter Saidur Rahman sold 4.09 acres to the present petitioner by different registered kabalas and handed over the transferred land to the petitioner who thereafter mutated the......tion. The rule is accordingly discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 282.......e land and allotted the same to the members of the society. It is also the case of the present petitioner that during RS operation the plaintiff opposite parties filed Misc. Case No. 34.75 before the ADC (Rev.) Dhaka praying for mutation of their name in place of Shahidur Rahman which was ultimately..

Category: Property Law | Date: | Hits: 146

Abdur Rashid Vs. State, 1990, 19 CLC (HCD)

....ivision observed as under: "Another wrong impression, though quite innocuous requires to be dispelled before the principal question is gone into. The police, after investigating the case which was registered on the First Information Report, under section 173 of the Criminal Procedure Code recomme......fusing to refer the case under section 438 Cr.P.C. by the impugned order. We find no merit in the case. The Rule is, accordingly, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 279.......Ahmed and another Vs. The State and another, 1984 BLD 133; 37 DLR 336; Md. Zillul Rahim Vs. Nazmul Karim Sufi & others, 28 DLR 1; Abdus Salam Master alias Salam and another Vs. The State, 36 DLR (AD) 58; Falak Sher and others Vs. State, 19 DLR (SC) 426; Abdul Hossain Sana Vs. Swalal Agarwala, 14..

Category: Criminal Law | Date: | Hits: 66

Dilip @ Siddiqur Rahman & others Vs. State, 1990, 19 CLC (HCD)

....ants are affirmed. The appellants 3‑9 who are on bail are directed to surrender to their bail bond to serve out their remaining sentence. Ed. This Case is also Reported in: 43 DLR (1991) 269. ...... The informant then went to Thana and lodged the FIR at about 11‑00 AM that is within about 3 hours. 3. Police investigated the case, visited the place of occurrence, seized alamats and obtained post mortem report. After completing investigation the accused persons were all charge sheeted under......tate……………………………………………...............Respondent. Judgment April 10, 1990. Cases Referred to- 12 DLR (SC) 289; 15 DLR (SC) 66; PLD 1967 (SC) 16; BCR 1987 (AD) 85. Lawyers Involved: Serajul Huq, with Md. Munsurul Hoq Chowdhury and ABM Golam Majid, Ad..

Category: Criminal Law | Date: | Hits: 61

State Vs. Kalu Bepari, 1990, 19 CLC (HCD)

....nt to the police station at Agailjhara forbidding them to bury the dead body. There he gave a written information of the aforesaid facts. ASI of Police Abdus Sobhan who was attached to Agailjhara PS. registered UD Case No. 19 of 1985 dated 2.12.85 thereupon and left for the place of occurrence villa...... thereupon and left for the place of occurrence village. On arrival there the Assistant Sub‑Inspector of Police held inquest on the dead body of the deceased and sent the same to Barisal morgue for post mortem examination. 5. After receipt of the post mortem report to the effect that the victi......nviction of the condemned prisoner under section 302 of the Penal Code is upheld but the sentence of death is altered to life imprisonment. Ed. This Case is also Reported in: 43 DLR (1991) 249. ..

Category: Criminal Law | Date: | Hits: 81

Fahim Al Haque (Minor) and another Vs. Mohammad Abdul Aziz and others, 1990, 19 CLC (HCD)

.... of the Code of Civil Procedure praying for temporary injunction restraining the defendants from making any pucca construction in the suit land until it is partitioned. It is their case that by three registered sale deeds they purchased 16 decimals of land in plot No. 811. The total area of the plot......e suit as expeditiously as possible preferably within six months from the date of receipt of this order if the suit is otherwise found ready. Ed. This Case is also Reported in: 43 DLR (1991) 226.......e suit as expeditiously as possible preferably within six months from the date of receipt of this order if the suit is otherwise found ready. Ed. This Case is also Reported in: 43 DLR (1991) 226...

Category: Property Law | Date: | Hits: 59

Eastern Pharmaceuticals Ltd, Dhaka represented by its Managing Director Vs. The Chairman, First Labour Court of Bangladesh and others, 1990, 19 CLC (HCD)

....arge dismissed him from service by order dated 25.7.85 which was received by the 1st party worker on 2.8.85. Thereafter the 1st Party worker sent grievance petition to the second parties on 8.8.85 by registered post, but the second party did not reply to his grievance petition. Hence the 1st party f......cals Ltd. represented by its Managing. Director and the Factory‑in‑Charge under section 25(1)(b) of the Employment of Labour (Standing Orders) Act, 1965 for reinstatement in service in his former post under the petitioner with full back wages after setting aside the order of his dismissal dated ......7, 1990. Cases Referred to- Bangladesh Shilpa Rin Sangstha Vs. Chairman, 2nd Labour Court, Dhaka and others, 32 DLR 265; Mohammad Motahar Hossain Vs. Bangladesh Jute Mills Corporation, 36 DLR (AD) 281; Bikash Ranjan Das Vs. Chairman, 2nd Labour Court, Dhaka and others, 29 DLR (SC) 280; Md. Mo..

Category: Employment/Service Law | Date: | Hits: 89

Dewan Mohammad Safare Ali & others Vs. People's Republic of Bangladesh, 1990, 19 CLC (HCD)

.... which the plaintiff has based his claim. It is further submitted that Courts below misconstrued the document in which order of mutation was passed by the Co. (Rev.), the latest rent receipts and the registered sale deed between the parties and on wholly erroneous assumption of facts the Additional.......ance with the principle laid down in Order XLI Rule 21 of the CPC. In the result, the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 221.......ance with the principle laid down in Order XLI Rule 21 of the CPC. In the result, the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 221...

Category: Property Law | Date: | Hits: 60

Chevron Lines Vs. Chairman, Bangladesh Oil, Gas and Mineral Cor­poration, 1990, 19 CLC (HCD)

....d in: 43 DLR (1991) 218. ......e said to be arbitrary or mala fide in any manner. Impugned letter of intent dated 1.1.1990 has therefore been issued lawfully and validly. Ed. This Case is also Reported in: 43 DLR (1991) 218. ......trobangla), 122-­124 Motijheel Commercial Area, Dhaka and others………………Respondents. Judgment February 13, 1990. Cases Referred to- Sharping Natsajibi Samabaya Samity, 39 DLR (AD) 85; AIR 1979 (SC) 1628; AIR 1986 (SC) 1527; Sharping Matsajibis, BLD 1987 (AD) 106 = 39 DLR (AD)..

Category: Others | Date: | Hits: 131

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

....e, with the above observation I fully agree with the decision of my learned brother Anwarul Hoque Chowdhury J. that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 347. ......himself could have affirmed but he did not do so. 2. Facts leading to this, in short, are: that the accused who is the former President of the People's Republic of Bangladesh had resigned from the post of Presidency on 6th of December, 1990. He was arrested under the Special Powers Act, 1974 and ......e, with the above observation I fully agree with the decision of my learned brother Anwarul Hoque Chowdhury J. that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 347. ..

Category: Criminal Law | Date: | Hits: 73

Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)

....se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ......moved to PG Hospital (Prisoners Cell) for better treatment but Shafiqul Islam alias Arun succumbed to his injuries on 27.10.86. An inquest was made and thereafter the dead body was sent to morgue for post‑mortem examination. Police dropped the case against Arun in that Ramna PS Case No. 25(10)86 d......se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ..

Category: Criminal Law | Date: | Hits: 87

Bangladesh Inland Water Transport Corporation Vs. Nazma Transport Company, 1991, 20 CLC (HCD)

.... Admiralty Court on 6.4.88 to the effect that subject to just objection that may be taken at the time of hearing by the other side as to limitation, let the suit be admitted for hearing and plaint be registered. 4. The defendant is contesting the suit by filling written statement contending, inte...... Court and the Marine Court is at liberty to proceed with the proceeding in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ...... Court and the Marine Court is at liberty to proceed with the proceeding in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 164

Nazrul Islam and others Vs. The State, 1991, 20 CLC (HCD)

.... not wanted in connection with any other case. The non‑appellant accused Kashem will however not get any benefit of this appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ......other parts. P.W.1 lodged the First Information Report at 9‑30 AM that day. 3. P.W.9 Abdus Sattar, SI went to the place of occurrence, held inquest of the dead body and sent it to the morgue for post‑mortem examination. The doctor after post‑mortem examination found that the injuries were a...... not wanted in connection with any other case. The non‑appellant accused Kashem will however not get any benefit of this appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ..

Category: Criminal Law | Date: | Hits: 86

Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)

.... Bangladesh Bank Building at Motijheel Dhaka to the petitioner company. 2. It is the case of the petitioner Agragami Engineer Ltd. that the said engineering firm is a reputed firm of Engineers and registered as a limited company. By a notice dated 30th September, 1988 respondent No.2 the General ......rned counsel Mr. Rafiqul Huq submitted that he will withdraw from the case and as a special case and as a matter of rare incident we allowed the petitioner to engage other lawyer of his choice and we postponed the matter directing that the petitioner would again be heard in presence of his newly app......e Port of Bombay 1989(3) SCC 293; (AIR 1989 SC 1642) and GB Mahajan Vs. Jalgaon Municipal Council, 1991 (3) SCC 91; AIR 1991 SC 1153, UK Salasabil vs. Shams Corporation (Pvt) Ltd. and others, 37 DLR (AD) 117, K N Guruswami Vs. State of Mysore, PLD 1956 (Supreme Court India), 52, M/s Hossain Ahmed Vs..

Category: Others | Date: | Hits: 123

Sarwar Hossain Moni Vs. State and another, 2011, 40 CLC (AD)

....mplaint. 3. Pursuant to the complaints the Chief Metropolitan Magistrate issued process against the petitioner. The case records were eventually sent to the Metropolitan Sessions Judge and it were registered as Sessions Case Nos.1899 and 1901 of 2009. Before the learned Additional Sessions Judge ......rrived at a correct decision. We, therefore, find no reason to interfere with the same. These petitions are accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 71. ......ials on record arrived at a correct decision. We, therefore, find no reason to interfere with the same. These petitions are accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 71. ..

Category: Criminal Law | Date: | Hits: 118

Provas Chandra Banik Vs. Naresh Chandra Banik and others, 2009, 38 CLC (AD)

....ne Srimati Bimala Banik and her five sons who took Taka 925 as loan from one Kailash Chandra Banik and secured the said loan by mortgaging her property including the suit property and also executed a registered Tamsuk in favour of said Kailash Chandra Banik. Plaintiffs further stated in the plaint t......e find no substance in the submission of the learned Advocate for the petitioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ......ailed to pay the loan along with interest for which Nabin Chandra Banik instituted Title Suit No.506 of 1917 in the 3rd Court of Subordinate Judge, Comilla, which was ultimately decreed on 25-11-1918 AD in favour of the plaintiff Nabaddip Chan­dra Banik. Plaintiffs' further case is that Sree Nabadd..

Category: Property Law | Date: | Hits: 75

Shoaib (Md.) Vs. Uttara Bank Ltd. and another, 1990, 19 CLC (HCD)

.... is stated in the application that the respondent No.1 in the name of Eastern Banking Corporation was incorporated as Public Limited Company under the Companies Act in the then East Pakistan with its registered office at Dhaka. One Mr. S Khurshid Anwar was allotted and issued 969 B Class shares of T......rtificates and original instruments of transfer of share on furnishing the photo copies of the same duly certified by the learned Advocate. Ed. This Case is also Reported in: 43 DLR (1991) 329. ......nexure E is the letter dated 15.4.84 written by the General Manager of the respondent No. 1 to the petitioner. The contents of the letter run as follows: "HO/CAS/SHARE/84/3829/313 APRIL 15, 1994 (CAD: SHARE DIVISION) Mr. Md. Shoaib, Managing Director, Standard Manufacturing Company Limit..

Category: Company Law | Date: | Hits: 175

Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)

....his order of the High Court Division of the Supreme Court dated 29.5.85 an application for Special Leave to Appeal was preferred before the Appellate Division of the Supreme Court and this appeal was registered as Civil Petition for Special Leave to Appeal No. 149 of 1985. After hearing the parties ......d 19.11.86 as at Annexure 'H' and Tare declared to be without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ......d 19.11.86 as at Annexure 'H' and Tare declared to be without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ..

Category: Property Law | Date: | Hits: 63

Idris Mia (Md.) Vs. Promode Ranjan Das & others, 1992, 21 CLC (HCD)

....fore the registration of the kabala deed and as such it is hit by section 60 of the Registration Act. He submits that the said kabala was executed on 2.4.73, presented for registration on 27.4.73 and registered under section 60 of the Registration Act on 29.4.74. while the pre‑emption application ......tion of law I find that the application for pre‑emption has been rightly allowed. The rule is, therefore, disclosed without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 127.......€¦â€¦Petitioner Vs. Promode Ranjan Das & others…………………Opposite Parties Judgment May 7, 1992. Cases Referred To- Abdur Rahman @ Abdul Rahman Vs. Mokles Ali, 31 DLR (AD) 118; Nayeb Ali and others Vs. Akhtar Rahman and others, 29 DLR 153; Matiur Rahman Vs. Md. Iman A..

Category: Property Law | Date: | Hits: 72

Ismail Mohammad Vs. Motasim Ali Chowdhury, 1993, 22 CLC (HCD)

.... other lands originally belonged to Budhu Majhi in rayati right and his name was correctly recorded in CS Khatian. Budhu Majhi sold the suit plot along with other lands to Haji Marart Ali Bepari by a registered kabala dated 13.3.43 and thereafter Haji Maran Ali Bepari sold away his purchased land, p......record. The learned Advocate may move an application before the trial Court, if so advised. Accordingly the application is disposed of. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 123.................. ....Opposite Party Judgment January 13, 1993. Cases Referred To- Alokeshi Banik Vs. Aftabuddin, PLD 1963 Dhaka 87; M/s. Bangladesh Rubber Industries Vs. Lutfunnessa, 1983 BLD (AD) 220; Shamsul Huque alias Ratan Mia Vs. Shaukat Ali alias Babul Bhuiyan and others, BCR 1985 (AD)..

Category: Property Law | Date: | Hits: 79

Budhiswar Biswas Vs. Akbar Ali Sheikh and others, 1990, 19 CLC (HCD)

....e deed in favour of the defendant. It was subsequently settled orally that he would reconvey the suit land if the vendor would repay the price of 11. 400.00 within 7 years. The plaintiff executed and registered the sale deed on 2.10.63 but the plaintiffs have been possessing the suit land all along.......nd hence those are set aside resulting in the dismissal of the suit. This rule is, accordingly made absolute without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 183........Petitioner Vs. Akbar Ali Sheikh and others................Opposite-Parties. Judgment August 9, 1990. Case Referred to- Feroza Majid and another Vs. Jiban Bima Corporation, 39 DLR (AD) 78. Lawyers Involved: Hasan Foez Siddique, Advocate -For the Petitioner. Not represent..

Category: Property Law | Date: | Hits: 74