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Nannu (Md.) Miah Vs. Mosammat Peer Banu Bibi & another, 1990, 19 CLC (HCD)
....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....... plaint on the ground that it was barred by the principle of res judicata. The prayer was opposed by the plaintiff. The learned Judge after hearing the parties refused to reject the plaint taking the view that there was nothing in the plaint suggesting that the suit was barred by law. It is against ..Category: Procedural Law | Date: | Hits: 86
Abul Kashem Vs. Mafiz Mia and others, 1991, 20 CLC (HCD)
....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. ......tempted to argue that the additional fact being merely a ground for setting aside the election the same cannot be said to be an additional cause of action. I am afraid I am unable to subscribe to his view. When opposite party No. 1 in his election petition omitted to allege that the petitioner was d..Category: Election Law | Date: | Hits: 139
Motaleb @ Mutu and others Vs. State, 1990, 19 CLC (HCD)
....ideration of materials on record. In the result, the Rule is discharged with the above observation and modification of the impugned order. Ed. This Case is also Reported in: 43 DLR (1991) 519.......equirements prescribed under section 173(i)(b) 3(b) and section 20 of the Code of Criminal Procedure, and in the instant case the informant having done so the impugned order was passed, we are of the view that the learned Sessions Judge committed no illegality in setting aside the order of discharge..Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. Unimarine SA Panama and other, 1977, 6 CLC (HCD)
....t-appellant but in view of our judgment there is no necessity of passing any order in the revisional application. ATM Afzal J.- I agree. Ed. This Case is also Reported in: 29 DLR (1977) 252. ......ghterage. 5. Mr. Hafizullah, the learned Advocate for this proposition has fully relied upon the decision reported in 28 DLR 231 these submissions were made by the learned Advocate particularly in view of the fact that the agent was within the jurisdiction of the court where the suit was filed. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 240
State Vs. Md. Ali Kibria @ Shahzijahan and others, 1990, 19 CLC (HCD)
....cumstantial evidence led in this case does not conclusively prove the guilt of the appellant. It is further submitted that the evidence on record has been misread by the trial Court and arrived at an erroneous finding regarding the guilt of the condemned prisoner and in view of that fact the order o......ould be sent to judicial lock tip and since this caution was not given to the condemned prisoner the influence of the threat of police regarding torture continued to remain present in his mind and in view of that fact the confessional statement made by the condemned prisoner cannot be said to have b..Category: Criminal Law | Date: | Hits: 93
Adam Ali Bepari Vs. Abdur Rahman Dewan & others, 1991, 20 CLC (HCD)
....I do not find any reason to interfere with the judgment and order impugned. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 510. ......his raiyati holding, if and when the occasion arose." The fact of the case is distinguishable from the facts of the present case. There the lease of the shop was taken for the purpose of business. In view of the facts of that case, I think, the principle laid down therein has little application to t..Category: Property Law | Date: | Hits: 95
Enamul Huq (Md) & 2 others Vs. Syndicate, University of Dhaka, 1990, 19 CLC (HCD)
....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.......be interfered by the dictum of the Court, especially under the Writ jurisdiction. What materials the Discipline Board could find against the petitioners during inquiry cannot be a subject Matter of review by this Court in Writ Jurisdiction as the High Court Division cannot assume the function of any..Category: Others | Date: | Hits: 112
Abdul Majid Vs. Akhil Chandra Sengupta and others, 1991, 20 CLC (HCD)
....No. 3 of 1985. 2. The learned Advocate for the petitioner urges that the Courts below committed an error in law in its decision in holding that the pre‑emption case is barred by limitation on an erroneous view of section 60 of the Registration Act inasmuch as the case for pre‑empting the land......985. 2. The learned Advocate for the petitioner urges that the Courts below committed an error in law in its decision in holding that the pre‑emption case is barred by limitation on an erroneous view of section 60 of the Registration Act inasmuch as the case for pre‑empting the land was filed..Category: Property Law | Date: | Hits: 97
Farzana Huq Vs. Bangladesh, 1990, 19 CLC (HCD)
....t Narsingdi now detained in Dhaka Central Jail be set at liberty forthwith and to report compliance of the order to this Court within a week. Ed. This Case is also Reported in: 43 DLR (1991) 501.......t organisation of the Bangladesh Nationalist Party. He was taken into custody pursuant to an order dated 13.9.87 made by the Additional District Magistrate, Dhaka under section 3(2) of the Act with a view to preventing him from committing any act prejudicial to public safety and public order. Subseq..Category: Constitutional Law | Date: | Hits: 287
Ahmed Kabir Vs. Haji Mazahar Ahmed and others, 1990, 19 CLC (HCD)
....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. ......de for rejecting the plaint which is provided for in rule 11 of Order 7 of the Code of Civil Procedure. The contention is of substance. Now, it remains for me to decide as to whether, in this case in view of the facts and circumstances, the Court is under legal obligation to make any enquiry under s..Category: Procedural Law | Date: | Hits: 83
Mozammel Haque Vs. Uttara Bank, 1990, 19 CLC (HCD)
....t relates to the ground of re‑calling the order dated 28.8.84. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 498. ......ublic limited company on the basis of an agreement dated 15.9.83 pursuant to the provisions of the Bangladesh Bank (Nationalisation) (Amendment) Ordinance, 1983 (Ordinance No. XLVII of 1983), that in view of the change in the status of the plaintiff bank from a nationalised institution into a public..Category: Property Law | Date: | Hits: 90
Nehal Uddin (Md.) and others Vs. Amena Khatun and others, 1990, 19 CLC (HCD)
....e. In the facts and circumstances of the case there will be no order as to costs. Let the lower Courts records be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 492....... shares of defendant Nos. 5 and 6 vide deed Ext. A and that the plaintiff has had no possession in the suit property, hence her name was not recorded in the khatians. It was further contended that in view of all these facts, the suit was liable to be dismissed with costs. 4. The plaintiff examine..Category: Property Law | Date: | Hits: 71
Investment Corporation of Bangladesh Vs. Bata Shoe Company (Bangladesh) Ltd., 1990, 19 CLC (HCD)
....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. ......ts that section 3(39) of the General Clauses Act gives a definition of "person" which means the "person" shall include any company or association or body of individual, whether incorporate or not. In view of the above, it is not difficult to hold that the present petitioner‑corporation being a jur..Category: Company Law | Date: | Hits: 208
Delta Jute Mills Limited and another Vs. Sonali Bank and others, 1990, 19 CLC (HCD)
....hout lawful authority and is of no legal effect. Considering the facts of the case, we, however, award cost against Respondent No. 2 only. Ed. This Case is also Reported in: 43 DLR (1991) 483. ......e United Kingdom. It was further agreed that the said loan for procuring machinery and equipment would 'he secured by "Rupee debenture" repayable in 36 equal half-yearly instalments. Subsequently, in view of expenses involved the parties mutually agreed that the land, building and machineries of the..Category: Company Law | Date: | Hits: 213
Gulshan Ara Begum Vs. Moazzem Hossain Chowdhury and others, 1990, 19 CLC (HCD)
....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. ......e Judge further held that there was no separate application for condonation of delay in filing the application under Order 9 rule 13 of the Code of Civil Procedure. This finding is of no substance in view of the fact that we have already held that the application was filed within the statutory perio..Category: Procedural Law | Date: | Hits: 68
Mir Amir Ali Vs. State, 1991, 20 CLC (HCD)
....uashed. It is hereby directed that the accused petitioner be discharged from his bail bond. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 250. ......gation of entrustment to and or of misappropriation by the accused petitioner of any money said to have been given to and taken by the depositees from their respective GP Fund Accounts, we are of the view that to allow the criminal case to continue will amount to causing harassment to the accused-pe..Category: Criminal Law | Date: | Hits: 104
A M A Wajedul Islam Vs. State, 1993, 22 CLC (HCD)
....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. ...... to the bank on that evening does not appeal 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..Category: Criminal Law | Date: | Hits: 91
Aminuzzaman (Md.) Vs. People's Republic of Bangladesh, 1993, 22 CLC (HCD)
....rea, PS Danmondi, Dhaka, now being detained in Dhaka Central Jail at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 242. ......tate. 11. In the initial order of detention nothing has been stated about any act of the detenu to be prejudicial to the economic interest of the State but it is stated that he was detained with a view to preventing him from doing any act prejudicial to public safety and law and order. There is, ..Category: Criminal Law | Date: | Hits: 85
Sk. Shahadat Ali and others Vs. Deputy Commissioner, Khulna and others, 1992, 21 CLC (HCD)
....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. ......he District Recruiting Committee for their opinion. The recruiting committee opined for eviction of the unauthorized occupants. Original copy of the committee's report is enclosed herewith. 4. In view of the above you are requested to arrange the eviction and handing over the land in question to..Category: Property Law | Date: | Hits: 138
Government of Bangladesh and others Vs. Abul Hashem Khan, 2009, 38 CLC (AD)
.... 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. ......981; that on 04.02.1982 he joined on promotion as Additional Deputy Commissioner. By an order dated 22.05.1983, however, he was compulsorily retired from service under Martial Law Order No.9; that in view of the representation made by him from time to time against the said order of punishment, the..Category: Administrative Law | Date: | Hits: 160
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