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AHM Kamaluddin another Vs. The State, 1989, 18 CLC (HCD)

....- This is an application under section 561A of the Code of Criminal Procedure by accused petitioners. AHM Kamaluddin and MA Karim for issuing a Rule calling upon the State to show cause why the order dated 6.8.89 passed by Mr. Munsif Ali, Divisional Special Judge, Dhaka in Special Case No. 23 of 198......the result, the application is summarily rejected. Let a copy of this judgment be sent to the Court of the Divisional Special Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (1991) 294. ..

Category: Criminal Law | Date: | Hits: 63

Sadharan Bima Corporation Vs. The Dhaka Dyeing and Manu­ facturing Company Limited, 1990, 19 CLC (HCD)

....rder No. 144 of 1986. Judgment Mohammad Ismailuddin Sarker J.- This appeal under section 39(1)(iv) of the Arbitration Act is by the defendant and it is directed against the 4 judgment and order dated 28‑5‑85 passed by the learned Subordinate Judge and Commercial Court No. II, Dhaka in Titl......lt this appeal is allowed and the suit is dismissed. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 286. ..

Category: Alternative Dispute Resolution | Date: | Hits: 170

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

....he State. Criminal Revision No. 27 of 1989. Judgment Abdul Bari Sarker J. - This application under sections 435, 439 and 561 A of the Code of Criminal Procedure is directed against the order dated 31.1.89 passed by Mr. MH Bhuiyan, Sessions Judge, Barguna in Criminal Revision No. 8 of 1988 u......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...

Category: Criminal Law | Date: | Hits: 66

Birendra Nath Chakraborty Vs. Subal Chandra Biswas and others, 1981, 10 CLC (HCD)

....cedure arises out of an application u/s. 96 of the State Acquisition and Tenancy Act (pre‑emption). The learned Munsif, 3rd Court, allowed the Misc. Judicial Case No. 206 of 1974 Judgment and order dated 30‑12‑76. On appeal the learned District Judge, Jessore by his judgment and order dated 24......istrict Judge is directed to dispose of the Misc. Appeal within one month of the arrival of the records after intimation arrival of the same. Ed. This Case is also Reported in: 43 DLR (1991) 276...

Category: Property Law | Date: | Hits: 78

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

....hara 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 village. On arrival there the Assistant......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

Shamsul Haque (Md.) Vs. The State, 1990, 19 CLC (HCD)

....ault to suffer simple imprisonment for 3 (three) months more by the Assistant Sessions Judge and Special Tribunal No. 2, Thakurgaon, in Special Tribunal Case No. 19 of 1989, by his judgment and order dated 29.11.89. 3. It has been stated in the application that after the Judgment was delivered on......is, therefore, summarily rejected and consequently the petition of appeal in connection therewith is also rejected as barred by limitation. Ed. This Case is also Reported in: 43 DLR (1991) 247. ..

Category: Criminal Law | Date: | Hits: 70

Bangladesh Road Transport Corporation Vs. M/s. Ashraf Jute Mills Ltd., 1990, 19 CLC (HCD)

....t due stood at Tk. 1,85,359.95. The Petitioner had requested on several occasions for payment of the outstanding dues but the respondent did not pay any heed to such requests. Ultimately, by a letter dated 14.9.86 the respondent accepted its liability and requested the petitioner to accommodate M/s.......roperties both movable and immovable of the above company to this Court within two months from the date of receipt of a copy of this order. Ed. This Case is also Reported in: 43 DLR (1991) 240. ..

Category: Company Law | Date: | Hits: 165

Sheikh MA Jabbar Vs. AKM Obaidul Huq and others, 1990, 19 CLC (HCD)

.... arise out of the same case and are interlinked. So they are disposed of under this judgment. 2. The Rule arising out of the Criminal Revision No. 239/88 is directed against the judgment and order dated 14.3.88 passed in Criminal Appeal No. 212 of 1987 by the Sessions Judge, Dhaka affirming the c......passed by the Metropolitan Magistrate in case No. 792A/95 is set aside. The Rule arising out of Criminal Revision No. 239/88 is discharged. Ed. This Case is also Reported in: 43 DLR (1991) 233. ..

Category: Criminal Law | Date: | Hits: 59

Lukus Miah Vs. State, 1991, 20 CLC (HCD)

....বে মনে করি।” 11. From the above it is clear that PW 1 would know that there was no marriage between her and the accused and accused only compromised to marry her on some future date. She had no reason to believe that she is not lawfully married to him (the appellant). Thus the......is set aside and the accused acquitted of the charge levelled against him. He should be set at liberty if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 230...

Category: Criminal Law | Date: | Hits: 68

Matiur Rahman Vs. Election Commission and Others, 1990, 19 CLC (HCD)

....s as follows: "15. The Commission may, at any time, order the inclusion in the electoral Roll of the name of any person qualified to be enrolled on such electoral Roll and such name shall from the date of such order form part of the electoral roll." 3. The Chief Election Commissioner in respon......as duly corrected the mistake brought to his nod through this Courts. Accordingly the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 229...

Category: Election Law | Date: | Hits: 112

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

.... Judgment Mohammad Mozammel Hoque J. - In this Rule issued under section 115 of the Code of Civil Procedure opposite party Nos. 1 to 2 were directed to show cause as to why the judgment and order dated 10.5.87 passed by the learned District Judge, Faridpur, in Misc. Appeal No. 12 of 1987 affirmi......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)

....First Labour Court of Bangladesh, respondent No. 2 Md. Ashraful Alam Siddique (Worker) and respondent No. 3 Factory‑ in‑Charge of the petitioner company to show cause as to why the impugned order dated 14.2.90 (Annexure‑H) passed in Complaint Case No. 239 of 1985 or the 1st Labour Court, Dhaka......ned Advocate for the petitioner. On the contrary they go against him. In the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 223. ..

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

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

....rge on 19.3.91. 4. It is the statements of the accused before this court. In this petition, made through Mustafizur Rahman, a relation of the accused, in paragraph 5 to the effect that on the next date on 27.3.91 the accused from within his confinement tried his level best to appoint Senior Advoc......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)

.... rigorous imprisonment for one year more. A case being UD Case No. 10 of 1986 was Started on the death of one Shafiqul Islam alias Arun who was arrested in connection with Ramna PS Case No. 25 (10)86 dated 12.10.86 under sections 302/34 read with sections 3 and 4 of the Exclusive Substance Act and i......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)

....ness and negligence of the Master of the vessel and other Orews of MV Ferdous Khan. On 25.6.85 the Second Master of the vessel MV Modhumati lodged an information in Golachipa PS being GD entry No.566 dated 25.6.85 about the accident. The plaintiff took some time to collect particulars of the defenda...... 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)

....he confessing accused Nazrul and Kashem had filed two petitions for retracting their confessional statement on 18.5.85. In the petition it was stated that this accused were arrested 3 days before the date of their making confessional statements, and they were tortured by bus follok (two pieces of ba...... 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)

.... J.- This Rule arises out of an application under Article 102 (2)(a) (ii) of the Constitution of the People's Republic of Bangladesh and is directed against a letter being Memo No. Engg. 7/7‑624/92 dated 31st March, 1992 issued by the respondent No.2 namely, the General Manager, Engineering Depart......bound by the submission. In the result, this Rule is discharged with the observations as stated above without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 134...

Category: Others | Date: | Hits: 123

Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)

....ed for committing contempt of this Court for scandalising the Judges of the Supreme Court of Bangladesh by publishing false, motivated, malicious and contemptuous commentary in the issue of Amar Desh dated May, 2010 under the caption "Swadin Bicherer Name Tamasha". The respondent No.1 Mahumdur Rahma...... to Judges, attacks upon them, comment on pending proceedings with a tendency to prejudice fair trial, obstruction to officers of Courts, witnesses or the parties, abus­ing the process of the Court, breach of duty by officers connected with the Court and scandalising the judges or the Courts. The l..

Category: Criminal Law | Date: | Hits: 124

Privatization Commission Vs. Golam Mostafa and others, 2011, 40 CLC (AD)

....cord—For Respondent the No.1. Sufia Khatun, Advocate-on-Record—For the Respondent No.4 Not Represented—Respondent Nos. 2-3. Civil Appeal No.14 of 2010. (From the judgment and order dated 14-1-2009 passed by the High Court Division in Writ Petition No. 5258 of 2001). Judgment ......h costs of Taka 50,000. The judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 67, 31 BLD (AD) (2011) 173, 16 MLR (AD) (2011) 239. ..

Category: Civil Law | Date: | Hits: 90

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

....by Syed Mahbubur Rahman, Advocate-on-Record—For the Respondent No.1. Not Represented—Respondent Nos. 2-9. Civil Petition for Leave to Appeal No. 1951 of 2008 (From the judgment and order dated 13-5-2008 passed by the High Court Division in Civil Revision No. 4954 of 2003). Judgment ......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. ..

Category: Property Law | Date: | Hits: 75