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

....come within the mischief of rape defined under section 375 and made punishable under section 376 BPC as she was a willing party and had sexual intercourse with the appellant quite willingly or a long time and got a child by him. From the above, it is clear that no useful purpose will be served by se......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)

.... any according to the draft voter's list for the said area. 2. Section 15 of the Electoral Rolls Ordinance, 1982 (Ordinance No. LXI of 1982) provides 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 o......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

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

....epartment. The charges were vague, uncertain, indefinite and not within the scope of section 17(3) of the Employment of Labour (Standing Orders) Act, 1965. The first party worker within the specified time submitted written explanation to the second party No. 2, Factory‑in‑Charge stating that the......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

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

....ffs are heirs of the deceased sons of Rajab Ali. Preliminary rent roll was prepared in the name of the plaintiffs and accordingly they paid rent to the Govt. Acquired Estate but due to mistake at the time of the final publication of the SA Khatian only 0.30 decimals of land in plot No. 267 was wrong......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)

....ecame lowest bidder. But the tender was cancelled and a fresh tender was floated on 24.12.89 violating the Rules contained in the Purchase Manual of Petrobangla relating to re‑tender. However, this time 9 (nine) bidders including the petitioner and the respondent No. 4 participated and the tender ......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. ..

Category: Others | Date: | Hits: 131

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

....f the former President and members of his family and handed over those to Mr. Mustafizur Rahman who was also a member of the Board and who was present then with the other Members of the Board at that time. They again sealed those two rooms. On 15.12.90 vide order issued from the Ministry of Home Aff......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)

....hat although Arun was taken into Ramna PS and put into custody, no GD Entry was made. Arun was kept in custody at Ramna PS from 23.10.86 to 25.10.86. It is alleged by the prosecution that during this time Arun was seriously beaten. Prosecution further alleged that accused appellants extorted money f......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

Chairman, BCIC Vs. Md. Ali Akkas and others, 2010, 39 CLC (AD)

....d order passed by the High Court Division is illegal, malafide and as such, liable to be set aside. 5. It appears that admittedly, the employ­ees of BCIC do not have any pension ben­efit. At the time of retirement, they are entitled to 12 months salaries at a time on account of encashment of ea......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. ..

Category: Employment/Service Law | Date: | Hits: 90

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

....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 defendant and on getting full particulars the plaintiff wrote a l...... 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

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

....to dispossess the plaintiff from the suit property and also interfere with his management of the oil and rice mill in the suit. The plaintiff approached his lawyer at Barisal and learnt for the first time that the Revision Case record had been sent back to the permanent seat of High Court Division a......atus quo in respect of both movable or immovable properties in dispute. Let the matter come up in the list for hearing on 26.7.90. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 150. ..

Category: Procedural Law | Date: | Hits: 73

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

....hat Sabdul before leaving his home at 8‑00 PM in the night following 21.4.85, after taking meal, told his wife that he would return home late in the night. It is P.W.2 Kawsar Ali, who for the first time developed a new case by stating that P.W.7 Papia Khatun, wife of deceased Sabdul told him that ...... 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)

....etter dated 4.2.87 signed by the petitioner himself showing supply and installation of water chiller of 400 TR each. It has further asserted that from the documents submitted by the petitioner at the time of pre‑qualification it is apparent that the petitioner has in the past supplied more than 20......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)

....r­ture the citizens. He then said, even if, fortu­nately, the tortured one is enlarged on bail, the gaol is being locked by the Chamber (Judge). This process, according to him, was started from the time of Moyeen's Chamber Judges which process has continued till now. The judgments of the High Cour......of Tk. 100/-, in default, to suffer simple imprisonment for 1(one) day. They respondent No.2 is let off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ..

Category: Criminal Law | Date: | Hits: 124

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

....of the Mills to him by imposing an additional condition demanding payment of 10% down payment of the long term loan beyond the terms of the tender. 2. The writ respondent No. 2 claimed that at the time of purchase of the tender schedule, the writ petitioner was supplied with a valua­tion report ......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)

....amily made the loan to said Bimala Banik and others from the fund of joint pro­perty. Thereafter, Kailash Chandra died leaving behind his only son Nabaddip Chandra Banik and his brothers. In the meantime, the aforesaid loanee Bimala Banik failed to pay the loan along with interest for which Nabin C......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

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

....ctory to them of its loss or destruction." 17. In the facts of the present case the above observations of their Lordships fit in here. 18. From the provisions of law it appears that there is no time limit or any other consequential obligation if stamp is not affixed with the instrument of tran......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. ..

Category: Company Law | Date: | Hits: 175

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

....the Government, the respondent No. 1, under Memo No. 11‑1/86/230 dated 5.6.86 (Annexure 'H') whereby the settlement of certain lands granted to the petitioner by the Deputy Commissioner, Bhola, sometime in 1951, was cancelled and the Deputy Commissioner, Bhola, was directed to take steps for recog......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

Bashi alias Bashir and another Vs. The State, 1990, 19 CLC (HCD)

....before a Single Bench of this Court in the case of Mustafa alias Mustafizur Rahman Vs. The State reported in 1985 BLD 335. In that case Md. Altaf Hossain, J was of the view that an appellant filing a time barred appeal under section 30 of Special Powers Act can invoke the provision of section 5 of t......lahi Baksh, I am constrained to hold that contention of Mr. Elahi is of no substance. Accordingly, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 209...

Category: Procedural Law | Date: | Hits: 76

Boynuddin and others Vs. Azimuddin and others, 1989, 18 CLC (HCD)

....e. The same was marked as Misc. Case No. 447 of 1969. The said case came up for hearing on 29.12.1972 when the petitioners filed haziras and the said opposite parties filed an application praying for time for taking steps. Upon the said prayer the learned Munsif allowed time subject to payment of co......with costs and the order dated 27.3.73 is set aside and the miscellaneous case under section 47 of the Code of Civil Procedure is restored. Ed. This Case is also Reported in: 43 DLR (1991) 207. ..

Category: Procedural Law | Date: | Hits: 83

Abdul Awal Mia (Md.) Vs. Sonali Bank & others, 1990, 19 CLC (HCD)

....t by filing a written statement denying the material allegations made in the plaint and stating, inter alia, that the defendant No.1 on promotion joined at the Ajmiriganj branch on 18.6.66 and at the time of his joining he pressed the then Manager Abdul Awal Mia and the then Cashier‑in‑charge Ba......parate written statement denying all the averments made in the written statement by the defendant No. 1. His case is that plaintiff Bank decided to open a branch at Ajmiriganj and sent him there with appointment as Manager designate for the said branch in May, 1966. The branch was opened with the st..

Category: Civil Law | Date: | Hits: 82