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Chevron Lines Vs. Chairman, Bangladesh Oil, Gas and Mineral Corporation, 1990, 19 CLC (HCD)
....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. ......stered partnership with its office at Sheikh Mujib Road, Dewanhat, Chittagong………………………………………………………..Petitioner Vs. The Chairman, Bangladesh Oil, Gas and Mineral Corporation (Petrobangla), 122-124 Motijheel Commercial Area, Dhaka and others……......e pipes and other materials of Petrobangla from Chittagong Port and to carry the same to different destinations should not be declared to have been issued Without any lawful authority and to be of no legal effect and further to show cause why they shall not be directed to award the said work to the ..Category: Others | Date: | Hits: 131
Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....Sena Bhaban till 12.12.90, when on 12.12.90 he was transferred to the Gulshan House at Road No. 84 at 10’ clock in the afternoon. It has been stated that a Committee was constituted on 12.12.90 for proper sealing of the rooms of Sena Bhaban for making correct inventory of the items found in the ro......QB 759; AIR 1966 (Mysore) 231); AIR 1940 Lahore 527); 37 CrLJ 1146, 40 CrJJ 803, AIR 1925 Oudh, 52; AIR 1938 Rajsthan 456; Pakira Purari‑prisoner, AIR (31) 1944 Mad 78; Regina Vs. Camborne justices and another, 1 QB 1955 page 78; Reg Vs. Rand, (1866) LR I QB 230 and 232. Lawyers Involved: ......ief Metropolitan Magistrate, Dhaka for making an inventory which the Committee did. The Committee found several arms of different descriptions and also ammunition. Having not been satisfied as to the legal possession of those fire arms and ammunitions an FIR was filed with Cantonment Police Station ..Category: Criminal Law | Date: | Hits: 73
Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
....which though not directly intended by all was taken by all of them commonly intended and thirdly, the act any of the confederates commits in order to avoid or remove any obstruction or resistance for proper execution of the common intention." Once the Criminal act becomes individual of the common......Appellants (In Criminal Appeal No. 408 of 1988). M Shamsul Alam, Deputy Attorney‑General with SB Barua, Advocate ‑ For the State. Aminul Huq with Nizamul Huq, Nurul Islam Sujon, Farid Ahmed and Adilur Rahman Khan, Advocates ‑For the Complainant. Criminal Appeal No. 396 of 1988 with Cr......examination of the post‑mortem report, filed the FIR suo motu and started investigation into the case. It is the positive case of the prosecution that the accused ‑appellants have arrested Arun illegally and kept him in illegal confinement and they caused serious injuries on his person which res..Category: Criminal Law | Date: | Hits: 87
Chairman, BCIC Vs. Md. Ali Akkas and others, 2010, 39 CLC (AD)
....ove, the submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, these petitions are dismissed Ed. This Case is also Reported in: VIII ADC (2011) 181. ......ammad Fazlul Karim CJ Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J The Chairman, Bangladesh Chemical Industries Corporation (BCIC) and others………….......Petitioners (In both the petitions) Vs. Md. Ali Akkas and oth......D/BM/1183(2008) /40 dated 21.07.2008 issued being a decision of Board of Directors of Bangladesh Chemical Industries Corporation (BCIC) to have been passed without any lawful authority and is of no legal effect. 2. The facts involved in the case, in short, are that the writ-petitioner in Writ P..Category: Employment/Service Law | Date: | Hits: 90
Bangladesh Inland Water Transport Corporation Vs. Nazma Transport Company, 1991, 20 CLC (HCD)
....8), a Court trying under this Chapter any offence may award any punishment provided for the offence. (2) in a case where a shipping casualty has resulted in any loss of life or injury to person or property, or damage to any inland ship and the Court trying an offence is satisfied that the casualt...... as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ......ent the 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 bil..Category: Admiralty Law or Maritime Law | Date: | Hits: 164
Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)
.... constructed building. It is the further contention of the respondents that the respondents had never acted unjustly, unfairly or arbitrarily. What they have done, they have done with reasons and for proper management of the internal affairs of the construction of a building which belongs to the Ban......rt High Court Division (Special Original Jurisdiction) Present: Anwarul Hoque Choudhury J KM Hasan J Agragami Engineers Ltd.....................Petitioner Vs. Bangladesh Bank and others…………………Respondents Judgment November 17, 1992. Cases Referred To- ......ged. 16. Out of these plethora of annexures, reports, allegation and counter allegation and this never ending saga, the point that emerges for a decision, is whether the Bank authority had acted illegally in not accepting the tender of the petitioner being the lowest and acted in bad faith in cal..Category: Others | Date: | Hits: 123
Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....mpt by pleading truth and offering to prove it. 9. Anything which lowers the dignity of court is an obstruction to the normal course of Justice. The Judges will not be able to perform their duty property if they are exposed to libelous attacks. An assertion about a Judge that he has dealt with ...... in: 8 LG (AD) (2011) 122. ......g judgments, the Judges are giving preference to the party's identity of a particular political party other than that of the interpretation of law. One Judge of the High Court Division, it is said, illegally enlarged a convicted leader of a political party on bail but at the same time, he stayed the..Category: Criminal Law | Date: | Hits: 124
Sarwar Hossain Moni Vs. State and another, 2011, 40 CLC (AD)
....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. ...... (Criminal) Present ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Sarwar Hossain Moni..........................................Petitioner (In both the cases) Vs. State and another.............................................Respondents (In both the cases) Judgment ......imited, Bangshal Branch in favour of the respondent No. 2 which was presented by the drawee for encashment but the cheque was dishonoured on 15th June, 2008. Thereupon, the drawee-respondent served a legal notice through his lawyer on 22nd June, 2008 requesting the petitioner for payment of the mone..Category: Criminal Law | Date: | Hits: 118
Shoaib (Md.) Vs. Uttara Bank Ltd. and another, 1990, 19 CLC (HCD)
....……………………. (2) ......................................... "(3) it shall not be lawful for the company to register a transfer of shares in or debentures of the company unless the proper instrument of transfer duly stamped and executed by the transferor and the transferee has bee......Supreme Court High Court Division (Original Civil Jurisdiction) Present: Md. Mozammel Hoque J Shoaib (Md.)........................................Petitioner Vs. Uttara Bank Ltd. and another. ................Respondents. Judgment June 3, 1990. Cases Referred to- Job......ations the petitioner on several occasions met the officers of the respondents and requested them to consider his prayer but ultimately he was unsuccessful. Finding no other way the petitioner served legal notice upon the respondent No. 1 requesting it to get his name entered in the share register i..Category: Company Law | Date: | Hits: 175
Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....ted and intricate question of title of the parties to the suit pending before the Civil Court is involved and this question of title can only be judicially resolved by a competent Court after due and proper consideration of the facts and law involved in the dispute. By the impugned order dated 5.6.8......Roy Chowdhury J Naimuddin Ahmed J Saifur Rahman………………………………………………..Petitioner. Vs. Government of Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms, Dhaka and others…………………..Respondents. Judg......vers namely, the Landlords of Ulania and the Bhuban Mohan Roy Chowdhury Estate, and. as such the settlement of these lands with the petitioner and his co‑tenants by the Khas Mahal Authorities was illegal. It has also been stated in the affidavit‑in‑opposition that the petitioner has no fide in..Category: Property Law | Date: | Hits: 63
Abdul Awal Mia (Md.) Vs. Sonali Bank & others, 1990, 19 CLC (HCD)
....iew finds support in decisions reported in 27 DLR 413 and in 38 DLR 39. In 27 DLR 413 it was held: "In determination of question of facts the parties should not be allowed to lead evidence without proper pleadings. It is no longer a mere technicality that material facts should be specifically ple......nur Reza Chowdhury J Abdul Awal Mia (Md.).................Appellant Vs. Sonali Bank & others.................Respondents. Judgment May 28, 1990. Cases Referred to- Messers Chand Oil Mills Vs. Haji M Muhammad Zakaria & Co. & 2 others, PLD 1958 Kar. 510; Md. Ibrahim V......n 14.7.66 Nurul Islam Bhuiyan came to Ajmiriganj and ordered defendant No. Ito hand over charge to Kazi Abul Khair, Assistant Cashier by his order No.3 dated 14.7.66 which was without jurisdiction, illegal and mala fide. Nurul Islam Bhuiyan along with Abdul Awal Mia and some unknown persons with the..Category: Civil Law | Date: | Hits: 82
Habibullah Chowdhury (Md.) Vs. Rajdhani Unnayan Kartipakhho and another, 1990, 19 CLC (HCD)
.... reply there was no violation of the provision of section 3B of the Act or of the principle of natural justice in passing the impugned order. He further submitted that since there is no question of improper use of land in this case and since the petitioner constructed the tin shed without sanction t......tion) Present: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Habibullah Chowdhury (Md.) ....................................Petitioner Vs. Rajdhani Unnayan Kartipakhho and another ..............Respondents. Judgment August 30, 1990. Lawyers Involved: MG Bh...... case on the respondents to show cause as to why notice dated 18.5.1989 (Annexure‑D) issued by the respondent No. 2 should not be declared to have been passed without any lawful authority and of no legal effect. 2. The petitioner, one of the proprietors of M/s. Nowab Timbers of 499 Purba Monipu..Category: Property Law | Date: | Hits: 77
Sigma Huda Vs. Ishfaque Samad and others, 1993, 22 CLC (HCD)
....he accused No.1 (opposite party No.2 herein) on receipt of the said letter dated 22nd July 1985 from the Head Master instructed her lawyer Mrs. Sigma Huda, the accused petitioner, to write and send a proper reply to the said letter of the Head Master. The petitioner who is accused No.3 in this case ...... High Court Division (Criminal Revisional Jurisdiction) Present: Muhammad Ansar Ali J Kazi Ehadul Hoque J Sigma Huda ............................Petitioner Vs. Ishfaque Samad and others..........Opposite Parties Judgment January 17, 1993. Cases Referred To- Balkr......follows: The complainant opposite party No.1 Ishtiaque Samad filed a petition of complaint before the Chief Metropolitan Magistrate, Dhaka on 24.9.1985 alleging, inter alia, that he is the father and legal guardian of his three minor sons who are in the custody of his former wife accused‑opposite ..Category: Family Law | Date: | Hits: 191
Idris Mia (Md.) Vs. Promode Ranjan Das & others, 1992, 21 CLC (HCD)
.... came to know about it in the month to Sravan, 1380 BS. On coming to know about it he took the certified copy of the kabala on 17.8.73 and filed the above mentioned Misc. Case No.148/73 on 11.9.73 on proper deposit of consideration and compensation. He further claims that the purchasers are stranger......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 Ali @ Md. Iman Miah ......he fact that the pre‑emptor has clearly stated, in the cause title of his application for pre‑emption, that he is a"গৃহস্থী" I do not find any non fulfillment of the above mentioned legal requirements under the Civil Procedure Code by the pre‑emptor. By stating in the cause title..Category: Property Law | Date: | Hits: 72
Ismail Mohammad Vs. Motasim Ali Chowdhury, 1993, 22 CLC (HCD)
.... further submits that the defendant petitioner in pursuance of an agreement for sale is in possession of his purchased land since 1968 admittedly and hence he has acquired a legal right over the suit property and if the amendment of the plaint is allowed in such a manner as above, shall have direct ......ferred 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) 4538 DLR 265. Lawyers Involved: Mahammadullah, Advocate ‑ For the ......d taxes and that in the sale deed of the plaintiff the area of his purchased land was shown 0.081/4 acres but the boundary given in the schedule covered 0.0932 acres of land. The defendant had been illegally possessing a portion of The government acquired plot No.936 to the contiguous west of the pl..Category: Property Law | Date: | Hits: 79
Abul Kasem Talukder Vs. Shamsul Hoque Shawdagar, 1991, 20 CLC (HCD)
....he election of the petitioner as being void is set aside and the election petition dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 121. ......asem Talukder...............Petitioner Vs. Shamsul Hoque Shawdagar…………………Opposite Parties Judgment May 20, 1991. Case Referred To- Laizu Begum Vs. Election Commission and others, 42 DLR (AD) 180. Lawyers Involved: M Faruque, Advocate ‑ For the Petitioner. ......rs conducting the election and put seals against the mark "Plough" which was the symbol of the petitioner; that as a result there was no free and fair election at the centres but the petitioner was illegally declared to have been elected as Chairman of the said Union Parishad. 4. The petitioner d..Category: Election Law | Date: | Hits: 129
Meghna Petroleum Limited Vs. Commissioner of Taxes, 1992, 21 CLC (HCD)
.... confers appellate jurisdiction, it impliedly grants the power of doing all such acts, or employing such means, as are essentially necessary to its execution and statutory carries with it the duty in proper cases to make such orders for staying proceeding will prevent the appeal if successful from b......ioner of Taxes (East Zone) presently Taxes Zone 3, Dhaka……………….Respondent-Opposite Party Judgment October 29, 1992. Cases Referred To- Puran Mat Kauntia Vs. Income Tax Officer and others, 98 ITR 39; Polisetti Narayana Rao Vs. Commissioner of Income Tax, Hyderabad, 29 ITR 222;...... and the authorities below are directed to stay realisation of tax as demanded till decision of the Reference Application. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 115...Category: Fiscal/Taxation Law | Date: | Hits: 98
State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
....elf." 16. Regarding the granting of the bail to a person who is not yet arrested, his Lordship held ".................the reply which I would give to the question referred to us is that, in a proper case, the High Court has power under section 498, Criminal Procedure Code, to make an order t......Present ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J State...................................................................Petitioner Vs. Md. Monirul Islam alias Nirab and others..................Respondents Judgment January 5, 2011. Cases Referred To- L...... seek bail under section 497 of the Code of Criminal Procedure. The discretion of granting anticipatory bail shall not be exercised in unscrupulous and frivolous petitions just to avoid the normal legal procedure. On vague and general allegations anticipatory bail should not be granted which will..Category: Criminal Law | Date: | Hits: 89
Moazzem Hossain Chowdhury (Md.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....if he is not wanted in connection with any other case. The Rule is accordingly made absolute. Let this order be communicated at once. Ed. This Case is also Reported in: 43 DLR (1991) 186. ......aruddin Ahmed J Abdul Hasib J Moazzem Hossain Chowdhury (Md.).................... Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Home Affairs Government of Bangladesh and others.......................Respondents. Judgment August 15, 1990. Lawyers Involved: ....... Judgment Abdul Hasib J. - By this petition under Article 102 (2) (i) of the Constitution of the People's Republic of Bangladesh the petitioner Mr. Moazzem Hossain Chowdhury has challenged the legality of the detention of his teacher and next friend Ratan Singh and a Rule Nisi was issued on 1..Category: Constitutional Law | Date: | Hits: 172
Budhiswar Biswas Vs. Akbar Ali Sheikh and others, 1990, 19 CLC (HCD)
....admissible under section 92 of the Evidence Act.” It is further held: "Section 91 of the Evidence Act provides that when the terms of a contract, or of a grant, or of any other disposition of property have been reduced to the form of a document, no evidence shall be given in proof of the ter......83.......ssession of the suit land by the plaintiffs as the foundation of the claim of the plaintiffs for getting the land reconveyed in the favour. Thus the finding of the learned Trial Court is not based on legal evidence but on inference only The Court of appeal below found that the plaintiff are bound by..Category: Property Law | Date: | Hits: 74
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