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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......ions of Mr. AR Yusuf, the learned Advocate, the relevant conditions of the insurance policies in suit are quoted below: "11. On the happening of any loss or damage the Insured shall forthwith give notice thereof to the company and shall within 15 days after die loss or damage or such further time......sed by the learned Subordinate Judge and Commercial Court No. II, Dhaka in Title Suit No. 338 of 1984. 2. The plaintiff‑respondent, the Dhaka Dyeing and Manufacturing Company Limited, filed the aforesaid suit under section 20 of the Arbitration Act praying for an order that the arbitration agre..

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........89 passed by Mr. MH Bhuiyan, Sessions Judge, Barguna in Criminal Revision No. 8 of 1988 under sections 435 and 438 of the Code of Criminal Procedure. 2. The short facts of the case are that the informant Kasem Ali lodged a First Information Report in Barguna police station on 4‑7‑87 to the e..

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....... BS. He filed the Misc. Case on 17‑12‑74. The learned Munsif held on the basis of the evidence on record that the pre‑emptor petitioner has been able to prove that he did not know of the sale before 27‑8‑74. Hence the Misc. Case is not barred by limitation. 4. The learned District Judge..

Category: Property Law | Date: | Hits: 78

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. ......ted as follows: (i) While the whole occurrence allegedly centered round the reaping of paddies by the informant party and the obstruction thereto by some of the accused the learned Judge failed to notice that the prosecution did not put up any case or any evidence to claim that the disputed paddi......cused‑appellants have jointly preferred this appeal against the order of conviction and sentence passed against them by Sessions Judge, Mymensingh. 2. The prosecution case as was stated by the informant PW 1 Abdul Latif is as follows: On 20.11.86 the informant along with 6 or 7 others includ..

Category: Criminal Law | Date: | Hits: 61

Bangladesh Chemical Industries Corporation & others Vs. Grand Basia Company Limited & others, 1990, 19 CLC (HCD)

..... Salehuzzaman, Deputy Attorney General ‑ For the Respondent No. 2. First Appeal No. 17 of 1984. Judgment Md. Mozammel Hoque J. - This appeal is directed against the judgment and decree dated 27.5.84 passed by the Subordinate Judge, 4th Court, Dhaka in Title Suit No. 952 of 1981 decree...... industry under the name and style M/s. Ferdous Tannery was an abandoned property and the same vested in the government under the relevant law. As per disinvestment policy, the government by a tender notice issued on 13.11.77 desired to sell this industrial unit "M/s. Ferdous Tannery" along with oth......gment and decree dated 27.5.84 passed by the Subordinate Judge, 4th Court, Dhaka in Title Suit No. 952 of 1981 decreeing the suit in favour of the plaintiff. 2. The defendants are the appellants before this Court. The plaintiff‑respondent, a limited company, instituted the aforesaid title suit ..

Category: Property Law | Date: | Hits: 73

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. ......ference Case No. 3 of 1988 Judgment Bimalendu Bikash Roy Choudhury J. - This reference has been made by the learned Sessions Judge, Bakerganj under section 374 of the Code of Criminal Procedure for confirmation of the sentence of death passed on accused Kalu Bepari under section 302 of the Pen..

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. ......Advocate ‑ For the Petitioner. Md. Sajjad Ali Chowdhury, Assistant Attorney General ‑ For the State. Courts Order No. 1 of 1990 Judgment Muhammad Ansar Ali J. - This is an application for condonation of delay in filing a Criminal appeal under section 30 of the Special Powers Act. ..

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.......emises. The respondent company is unable to pay and also has neglected to pay the aforesaid amount of Tk. 1,85,359.95 which is the legal dues of the petitioner. On 24.1.87 the petitioner served legal notice upon the respondent company calling upon it to pay the aforesaid amount within 3 weeks but th...... For the Petitioner. Not represented ‑ the Respondent. Matter No. 9 of 1987. Judgment Md. Mozammel Hoque. - This is an application under sections 162 and 163 of the Companies Act, 1913 for winding up of the respondent company namely, M/s. Ashraf Jute Mills Ltd. having its office at Pa..

Category: Company Law | Date: | Hits: 165

Serajul Islam Vs. The Director General of Food, 1990, 19 CLC (HCD)

....Director General of Food to show cause why the impugned departmental proceeding against the petitioner as contained in Memo No. 199/পরি/প্রসা/তদন্ত ও মামলা/13/90 dated 10.1.90, Annexure‑H should not be declared to have been made without any lawful authority an......mo No. 1806(7) dated 6.6.87 (Annexure‑D), The Inquiry Officer, Mr. SC Modak, District Controller of Food, Habigonj inquired into the matter and submitted his report on 28.7.87 and second show cause notice Annexure‑E was issued by the then Director General, Food on 26.9.87. The petitioner showed ......pondent. Writ Petition No. 309 of 1990. Judgment Fazle Hussain Mohammad Habibur Rahman J. - The petitioner Md. Serajul Islam, Inspector of Food, Golapganj Upazila, District Sylhet has prayed for issuance of Rule Nisi calling upon respondent No. 1, Director General of Food to show cause why ..

Category: Administrative Law | Date: | Hits: 175

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. ...... 1987 by the Sessions Judge, Dhaka affirming the conviction under section 448 of the Penal Code but modifying the sentence to a fine of Taka 1,000.00 only, in default, to suffer rigorous imprisonment for three months from a fine of Taka 10,000.00 only and in default, to suffer rigorous imprisonment ..

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.......f conviction and sentence passed by Mr. Md. Golam, Maola, Special Tribunal Judge, Moulvibazar in Special Powers Act Case No. 43 of 1988. 2. The prosecution case as given in the FIR lodged by the informant Lailunnessa (PW 1) against the three accused persons including the present appellant Lukus M..

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......others, 1989 BLD (AD) 78=41 DLR (AD) 68 it has merely been observed in paragraph 46 in a general way as follows: "Considering the law which we have surveyed in the foregoing paragraphs it has been noticed that the Election Commission has been given the power from start to finish to oversee that t......e Constitution this Court directed the Election Commission to consider the petition of petitioner Md. Matiur Rahman under section 15 of the Electoral Rolls Ordinance, 1982 (Ordinance No. LXI of 1982) for wrong printing of the fictitious name of "Azimuddin" in place of his name at serial no. 148 of t..

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.......be set aside. 2. Plaintiffs are the petitioners in this application. It is their case that they filed a suit being title Suit No. 35 of 1986 in the Court of the learned Subordinate Judge, Faridpur for partitioning the suit land. The plaintiffs after filing the suit filed an application under Orde..

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......Standing Orders) Act, 1965. It is clearly provided in the aforesaid section 25(1)(a) of the Employment of Labour (Standing Orders) Act, 1965 that the worker concerned shall bring his grievance to the notice of his employer, in writing, within fifteen days of the occurrence of the cause of such griev......etitioner. Not represented- the Respondents. Writ petition No. 514 of 1990. Judgment Fazle Hussain Mohammad Habibur Rahman J.- The petitioner Eastern Pharmaceuticals Ltd. Dhaka has prayed for issuance of a Rule Nisi calling upon the respondents No. 1 Chairman, First Labour Court of Bangl..

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

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

.... No. 186 of 1990. Judgment Habibul Islam Bhuiyan J. - A Rule Nisi was issued by this Court upon the Chairman, Petrobangla and other respondents on 31.1.90 to show cause why the letter of intent dated 31.1.1990 issued by the General Manager, Petrobangla appointing the respondent No. 4 M/s. Shaf......ight has been impugned by the impugned work order. We are rather in agreement with the submission of Mr. Abdul Wadud Bhuiyan that Petrobangla has right in law as well as under the terms of the tender notice to reject the bid of the petitioner or for that matter any bid without assigning any reason a......ther respondents on 31.1.90 to show cause why the letter of intent dated 31.1.1990 issued by the General Manager, Petrobangla appointing the respondent No. 4 M/s. Shafi Motors as transport contractor for taking delivery of the line pipes and other materials of Petrobangla from Chittagong Port and to..

Category: Others | Date: | Hits: 131

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......ions Judge and rejected by him and according to the learned Attorney‑General there is no such application before moving the instant application and in the instant case it being not a case of taking notice by this Court Suo motu or on the report of the lower court, but on the application of a party...... For the State. Criminal Miscellaneous Case No. 356 of 1991. Judgment Anwarul Hoque Choudhury J. - This Rule arises out of an application under section 526 of the Code of Criminal Procedure for transfer of Special Tribunal Case No. 60 of 1991 now pending in the Court of Senior Special Trib..

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. ...... 1987 and 188 of 1987 convicting all the accused‑appellants under sections 304, Part 11/34 of the Penal Code and also to pay a fine of Tk. 5,000/‑ each, in default to suffer rigorous imprisonment for one year more. A case being UD Case No. 10 of 1986 was Started on the death of one Shafiqul Isla..

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......e same to the defendant on 15.3.87 requesting him to pay aforesaid amount in terms of the bill but the defendant did not make any arrangement for payment of the above bill. The plaintiff issued legal notice on 16.6.87 through his legal adviser for payment of the aforesaid bill but the said bill was ......Khondker Mahbubuddin Ahmed with Khondker AM Mohsenuddin, Advocates ‑ For the Defendant. Admiralty Suit No. 21 of 1987. Judgment Md. Mozammel Hoque J.- In this suit the plaintiff has prayed for a decree for an amount of Tk. 22,949.00 against the defendant alleging, inter alia, that plainti..

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

Malik Mohammad Amin Anowar Vs. Shahjahan Mia and others, 1990, 19 CLC (HCD)

.... accept the same. Consequent upon the 8th Amendment of the Constitution the matter was transferred to Barisal Bench and re‑numbered as Civil Revision No.141 of 1988. Then came the historic judgment dated 2.9.89 in the case popularly known as the 8th Amendment Case. 3. On 16.11.89 petitioner Mal.......87 filed revision being Civil Revision No. 485 of 1987 before the Permanent Bench at Dhaka and obtained a Rule as well as an order directing the parties to maintain status quo. The record shows that notice of the Rule was served upon the opposite party plaintiff by affixing a copy at his outer‑do......ioner. Not represented‑ the Petitioner‑Opposite Party. Civil Revision No. 485 of 1987. Judgment DM Ansaruddin Ahmed J.- This is an application by opposite party respondent‑plaintiff for vacating the judgment passed ex parte on 13.02.90 making absolute the Rule issued in Civil Revis..

Category: Procedural Law | Date: | Hits: 73

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......nt since the confessional statement may be made the sole basis of conviction even if retracted. 9. Before, we consider the submission of the learned Advocate for both the sides it is worthwhile to notice the evidence adduced by the prosecution bearing upon the case. 10. P.W.1 Akkas Ali is the ...... Judgment AKM Sadeque J.- The appellants Md. Shajahan, Md. Mosleuddin and Md. Sakur Ali have been convicted under sections 302/34 of the Penal Code and sentenced to suffer rigorous imprisonment for life in a trial before the Sessions Judge, Jhenidah in Sessions Case No. 26 of 1986. 2. The p..

Category: Criminal Law | Date: | Hits: 86