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Amir Ali & others Vs. State, 1990, 19 CLC (HCD)
....no knowledge about seizure of the sarees. He also said that the chalan was not written in his presence. 11. PW 8 Mr. Faruquzzaman was the officer‑in‑charge of Siddhirganj Police Station at the relevant time. He stated that the CID Sub‑Inspector brought the truck to the Police Station loaded......sult, the appeal is allowed and the order of appellants shall be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 564. ......i & others................................Appellants Vs. The State..........................................Respondent. Judgment January 31, 1990. Case Referred to- Abdul Hamid and another Vs. The State, 40 DLR 477. Lawyers Involved: Shaukal Ali Khan with Gour Gopal Shah......ame as Amir Ali and the name of the helper as Md. Islam. The informant learnt that there were sarees in 29 gunny bags and drums containing palm oil in the truck. On their failure to produce any valid documents for such goods the informant arrested them under section 54 Cr.P.C. and also seized the tr..Category: Fiscal/Taxation Law | Date: | Hits: 101
Bangladesh Vs. Dewan Obaidur Reza Chowdhury and Others, 1990, 19 CLC (HCD)
....& ors. Vs. Halima Khatun and others at page 465 of the said report and also another decision reported in AIR 1969, SC page 1291 in the case of Gappulal Vs, Thakurji Shriji Dawarkadheeshji and another relevant paragraphs 6 & 7. In the decision reported in 27 DLR at page 413 it has been observed as fo......aintiff which is not correct. In the trial Court's judgment it has been observed by the learned Munsif as follows:‑ "The learned Advocate for the plaintiff has argued that he had called for all papers relating to the suit land from the ex‑landlord. The non‑production of those documents by ......sion (Civil Appellate Jurisdiction) Present: Muhammad Ansar Ali J Bangladesh...............................................................Appellant Vs. Dewan Obaidur Reza Chowdhury and Others.................Respondents. Judgment November 29, 1990. Cases Referred to- ......ession in the suit lands and hence he is not entitled to any relief as prayed for. The suit is liable to be dismissed with cost. 4. The plaintiff examined including himself five PWs and filed some documents which were marked and numbered as Exts. 1 to 6 and the contesting defendant No. 2 examined..Category: Property Law | Date: | Hits: 101
Rabindra Narayan Gope Vs. Nani Gopal Gope and other, 1990, 19 CLC (HCD)
....f on the ground of satisfaction of the decree as the delivery of possession to the petitioner was for the benefit of all the several joint decree‑holders‑opposite parties. Mr. Karmaker places the relevant laws and cites a number of decisions in support of his contentions which will be referred t......ceed with the Execution Case No. 14 of 1981 according to law. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 540. ...... ......ceed with the Execution Case No. 14 of 1981 according to law. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 540. ..Category: Procedural Law | Date: | Hits: 81
....de thereunder shall prevail."
6. It was required by Article 6 that application for summary registration must be filed within I yes from the date of commencement of this order dated 15.3.73. At the relevant time both the match factories being abandoned properties were being managed and run by the ......Works and schedule B(B) of stores and spares of Sattar Match Works as verified by the inventory committee during the period from 31.3.78 to 10.6.78.
11. In view of the aforesaid affidavits and the papers as produced before this Court, Mr. Khandaker Mahbubuddin Ahmed, the learned Advocate, submits......o costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 532.
......ith Sattar Match Works.
With the above direction and observation this application is disposed of but there will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 532.
..
Category: Intellectual Property Law | Date: | Hits: 264
State Vs. Satya Narayan Sarada, 1991, 20 CLC (HCD)
....sider the above submissions of the learned Advocates in the light of specific provisions for taking cognizance of the case under the Special Powers Act. Section 27(1) of the Special Powers Act is the relevant section for taking cognizance in the case under Special Powers Act and it is as follows: ......s well as Indian cloths including some Indian old sarees and medicine therein. The said goods were seized by them as per seizure lists and the opposite party was given a few hours' time to show valid papers if any for the said goods Tk. 48,53,368.00 but the opposite party failed to produce any docum......(SC) 69; 15 DLR (SC) 150; 28 DLR (SC) 38. Lawyers Involved: M Shamsul Alam, Deputy Attorney‑General with Md. Hefzu Bari, Advocate ‑ For the Petitioner. Jamiruddin Sircar with Asaduzzaman and Mir Hashmat Ali, Advocates ‑ For the Opposite Party. Criminal Revision No. 71 of 1990. J......ocedure. The Rule is therefore discharged. The order of stay granted by this Court and the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 529...Category: Criminal Law | Date: | Hits: 72
Nannu (Md.) Miah Vs. Mosammat Peer Banu Bibi & another, 1990, 19 CLC (HCD)
....f res judicata but of estoppel which means that a person shall not be allowed to say one thing at one time and the opposite of it at another time. Be that as it may, it is also in the plaint that the relevant portion of the report which she defended by way of raising objection to the defendant's ame......or of law. The impugned order is not liable to be interfered with, In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 526.......IR 1936 (Sind) 99; AIR 1941 Cal. 401 (404); 35 DLR 217; PLD 1969 Dhaka 930. Lawyers Involved: Nurullah with AQM Shafiullah, Advocates ‑ For the Petitioner. Meah Abdul Gafur with MA Mannan and Abbasuddin Ahmed, Advocates ‑For the Opposite Parties. Civil Revision No. 401 of 1986. J......or of law. The impugned order is not liable to be interfered with, In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 526...Category: Procedural Law | Date: | Hits: 86
Abul Kashem Vs. Mafiz Mia and others, 1991, 20 CLC (HCD)
....every item of evidence referred to in the judgment of the Election Tribunal was not separately dealt with by the learned District Judge, but it is manifest upon a reading of his judgment that all the relevant evidence have been substantially considered in reversing the finding of the Election Tribun......election of Kadamtali Madrasha and Gangaprashad Primary School centres. He alleged that the petitioner and his brother with the. help of their musclemen occupied the said 2 centres, took away ballot papers from the officers conducting the election and foisted them into the ballot boxes after giving...... (1991) 523. ......mary School Centres. The impugned order of the learned District Judge is, accordingly, modified. The parties shall bear their own costs. Ed. This Case is also Reported in: 43 DLR (1991) 523. ..Category: Election Law | Date: | Hits: 139
State Vs. Md. Ali Kibria @ Shahzijahan and others, 1990, 19 CLC (HCD)
....untary but it also must be true. For the purpose of establishing its truth examination of confession and its comparison with remaining evidence of the prosecution and probability of the case would be relevant. Most important consideration for evaluating judicial confession is whether it appears to t......side. The condemned prisoner Mohammad Ali Kibria alias Shahjahan is set at liberty forthwith if not wanted in connection With any other case. Ed. This Case is also Reported in: 43 DLR (1991) 512.......ia @ Shahajahan ............................Appellant Vs. The State......................................................Respondent. Judgment March 6, 1990. Case Referred to- Waris and others Vs. The State, 1982 Pak. Crl. Law Journal 720. Lawyers Involved: Md. Moazzem Hossai......side. The condemned prisoner Mohammad Ali Kibria alias Shahjahan is set at liberty forthwith if not wanted in connection With any other case. Ed. This Case is also Reported in: 43 DLR (1991) 512...Category: Criminal Law | Date: | Hits: 93
Enamul Huq (Md) & 2 others Vs. Syndicate, University of Dhaka, 1990, 19 CLC (HCD)
....ained in Annexure‑C series, denying the allegations and stating, inter alia, therein that they themselves had written the answer scripts in the examination halls and those were countersigned by the relevant invigilators and they duly submitted the same. The Discipline Board of the University, howe......, the Respondent No. 5 served show cause notices upon the petitioners, contained in Annexure‑B series, with the allegations that they had deposited their respective answer scripts in respect of the papers mentioned therein by smuggling them into the examination hall. They replied to the show cause...............Petitioners (In Writ Petition No. 793 of 1990) 2. Md. Abdul Raquib & others....................................Petitioners (In Writ Petition No. 794 of 1990) 3. Md. Nuruzzaman Khan and 7 others.......................Petitioners (In Writ Petition No. 801 of 1990) Vs. The Synd......he Writ Jurisdiction, with the impugned punishment given by the Syndicate. As a result, these three Writ Petitions are summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 507...Category: Others | Date: | Hits: 112
Ahmed Kabir Vs. Haji Mazahar Ahmed and others, 1990, 19 CLC (HCD)
.... provisionally the Court rightly rejected the application which was upheld by the lower appellate Court. In order to appreciate the contentions of the learned Advocates, it is better to reproduce the relevant provision of law for our understanding. "Order 7 rule 10. Return of plaint.- (1) The pla......ion of the suit after giving sufficient opportunity to both the parties. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 500. ......eme Court High Court Division (Civil Revisional Jurisdiction) Present: AM Mahmudur Rahman J Ahmed Kabir..........................................Petitioner Vs. Haji Mazahar Ahmed and others...............Opposite Parties. Judgment July 25, 1990. Cases Referred to- K......ion of the suit after giving sufficient opportunity to both the parties. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 500. ..Category: Procedural Law | Date: | Hits: 83
Investment Corporation of Bangladesh Vs. Bata Shoe Company (Bangladesh) Ltd., 1990, 19 CLC (HCD)
....ciation to sell it to any juristic person or a body who is, in the eye of law, a person. Mr. Khairul Hoque has drawn my attention to Articles of Association of the respondent‑company. Article 22 is relevant for the purpose of the present case. It starts with heading "Allotment of renounced shares"......further directed to issue and deliver the necessary share certificates in favour of the petitioner corporation without any further delay. Ed. This Case is also Reported in: 43 DLR (1991) 487. ......recting the respondent‑company for the rectification of the Share Register of the Members of the company by inserting the name of the petitioner‑corporation in the said register as share‑holder and owner of 11,200 shares after issuing and delivering the Share Certificates in favour of the peti......further directed to issue and deliver the necessary share certificates in favour of the petitioner corporation without any further delay. Ed. This Case is also Reported in: 43 DLR (1991) 487. ..Category: Company Law | Date: | Hits: 208
Gulshan Ara Begum Vs. Moazzem Hossain Chowdhury and others, 1990, 19 CLC (HCD)
....notices were duly served upon the present petitioners after they were substituted in the aforesaid suit. Since we are in seisin of the entire records we cannot be oblivious of certain facts which are relevant for the purpose of deciding the main issue in the present proceeding. The application for s......e Court. Thereafter the petitioner No. 3 came to Court on 22.4.87 and enquired about this ex parte decree. Then he filed an application for certified copies of the impugned decree and other necessary papers on 22.4.87. He got the certified copy of the decree on 26.4.97 and then an application under ......ported in: 43 DLR (1991) 481. ......h law as expeditiously as possible after giving due notices to the parties concerned Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 481. ..Category: Procedural Law | Date: | Hits: 68
Mir Amir Ali Vs. State, 1991, 20 CLC (HCD)
....8 the petitioner was arrested by the Gobindaganj police under section 54 CrPC and was granted bail by the Sessions Judge. The accused petitioner was the Accounts Officer at Gobindaganj Upazila at the relevant time. The case was started on 15.6.95 and the charge sheet was submitted on 20.11.98. There......strict Hazara in NWFP the Court at Karachi obviously has no jurisdiction and section 405 PPC is only confined to movable property". It was further held: "Without going into the question whether papers with regard to GP Fund can be treated as valuable property under section 405 PPC it is eviden...... Vs. The State......................... Opposite-Party Judgment December 11, 1991. Cases Referred To- Md. Safiruddin alias Safiruddin Vs. State, 1981 BLD 150; State Vs. Azizur Rahman and another, 1937 CrLJ 225 (Karachi). Lawyers Involved: M Nurullah with AKM Safiullah, Shah Mi......ills without having any authority from the Upazila Education Officer. On the prayer of the learned Advocate for the State, the hearing of the case was twice adjourned so as to enable him to bring the documents and papers, if any, seized by the investigation officer but the learned Advocate for the S..Category: Criminal Law | Date: | Hits: 104
A M A Wajedul Islam Vs. State, 1993, 22 CLC (HCD)
.... to us. If that was true why he did not bring the matter to the notice of the higher authorities and remained silent till he was arrested by P.W.16. In our view such abscondence of the appellant is a relevant fact in this case and is a circumstance against the appellant. 14. In the absence of any......ion No.329 (R) 1993 is accordingly disposed of and the connected Rule being Criminal Revision No.3521(R)/1991 for bail is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 243. ......…Appellant Vs. State……………………Respondent Judgment March 10, 1993. Result: The appeal is dismissed. Lawyers Involved: MA Malek with M Itnan Ali, Lutfa Ara Begum and AKM Asaduzzaman, Advocates ‑ For the Appellant SB Barua, Advocate ‑ For the State. Cri......ion No.329 (R) 1993 is accordingly disposed of and the connected Rule being Criminal Revision No.3521(R)/1991 for bail is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 243. ..Category: Criminal Law | Date: | Hits: 91
Sk. Shahadat Ali and others Vs. Deputy Commissioner, Khulna and others, 1992, 21 CLC (HCD)
....ehabilitation of the refugees was permanently settled with the petitioners and 82 fellow refugees for their rehabilitation. Out of the said 3.66 acres of land 0.29 decimal of land was recorded in the relevant SA Khatian Nos. 1913, 1992, 1924, 1952, 1991 and 1912 corresponding to the changed new SA K......and would be liable to eviction from it as and when the land would be required by the Government; on the contrary, we find, as was rightly observed by the learned Court below, from various undisputed papers filed by the plaintiffs that a tenancy right of the plaintiffs relating to the suit land has ......ase is also Reported in: 45 DLR (HCD) (1993) 237. ......without any order as to costs. It is directed that the petitioners be restored to full physical possession of their land in question. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 237. ..Category: Property Law | Date: | Hits: 138
Government of Bangladesh and others Vs. Abul Hashem Khan, 2009, 38 CLC (AD)
....ecause the said regulation has been protected by section 3 of the Constitution, 7th Amendment Act, 1986 providing that in the Constitution in the 4th Schedule after para-14 para-19 shall be added the relevant provision thereof, as quoted as under; "19. Ratification and confirmation of the Proclam...... is set aside. The case is, thus, dismissed. In the result, this appeal is, accordingly, allowed without any other as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 271. ......C (2011) 271. ...... is set aside. The case is, thus, dismissed. In the result, this appeal is, accordingly, allowed without any other as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 271. ..Category: Administrative Law | Date: | Hits: 160
Virginia Tobacco Co. Ltd. and others Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
....4 of the Ordinance was legally instituted and the Respondent 1 acted within its jurisdiction in passing the impugned judgment and order. 8. The contentions raised at the bar lead us to examine the relevant provision of law. Admittedly the IRO Case No.6 of 1985 was filed under section 34 of the sa......t the order No.8 dated 21.11.1985 has been made without any lawful authority. In the result, we make this Rule absolute. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 233. ......ed in: 45 DLR (HCD) (1993) 233. ......00,000.00 on or before 17.12.85, Tk. 10,00,000.00 on 20.1.86 and Tk. 5,00,000.00 on 27.2.86 in the Court without fail and the respondent Nos. 2‑51 will not be allowed to draw the same before filing documents in support of their legal claim. 6. Mr. Salauddin Ahmed submits first, that the IRO Cas..Category: Labour and Industrial Law | Date: | Hits: 129
Mustafizur Rahman Vs. State and others, 1992, 21 CLC (HCD)
.... the company may please be submitted to us within one month from the date of commencement of the Company. 5. The functions which may be undertake by the investment company subject to compliance of relevant Rules and Regulations and the restrictions which will apply to the said company are indicat......the National Bank Limited (a private bank) on 26.4.83 as an Assistant Vice‑President. Subsequently he became its Vice‑President with effect from 1.1.86 and served till 8.1.87. It appears from the papers submitted by the Bangladesh Bank before this Court that accused petitioner Mustafizur Rahman ......urt Division (Criminal Miscellaneous Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Abu Sayeed Ahmed J Mustafizur Rahman....................Petitioner Vs. State and others ......... …….Opposite Party Judgment November 29, 1992. Case Referred to- ......the petition for bail of the petitioner and we find no reason to grant the prayer for bail. In the result, the Rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 227. ..Category: Criminal Law | Date: | Hits: 125
Abdul Matin Sarker Vs. Election Commission and others, 1993, 22 CLC (HCD)
....er as prayed for in Court after being certified by the Registrar of this Court by today as the election is due on 30th of this month. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 220. ...... Narsingdi Pourashava election submitted on 5.1.93. The case of the petitioner is that he is a voter in the election of the Chairman of Narsingdi Pourashava and the last date of filing the nomination papers has been fixed to be on 5.1.93. The respondent No.3, the Returning Officer, received the nomi......igh Court Division (Special Original Jurisdiction) Present: Anwarul Hoque Choudhury J KM Hasan J Abdul Matin Sarker...........................Petitioner Vs. Election Commission and others……………………..…..Respondents Judgment January 28, 1993. Case Referr......er as prayed for in Court after being certified by the Registrar of this Court by today as the election is due on 30th of this month. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 220. ..Category: Election Law | Date: | Hits: 126
Surat Ali (Md) Vs. Administrator of Waqfs and others, 1991, 20 CLC (HCD)
.... been passed without lawful authority and are of no legal effect. 2. The Respondent No.2 Dhaka Municipal Corporation resists this Rule by filing an Affidavit‑in-opposition. 3. The short facts relevant for disposal of this Rule are: the petitioner along with others inherited 0.145 acres of la......en passed without any lawful authority and are of no legal effect. In the result, the rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 218. ...... High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Mahmudul Amin Chowdhury J Surat Ali (Md)……………..Petitioner Vs. Administrator of Waqfs and others……………….Respondent Judgment April 30, 1991. Lawyers Involved: Abdul......en passed without any lawful authority and are of no legal effect. In the result, the rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 218. ..Category: Trust/Waqf Law | Date: | Hits: 183
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