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Chevron Lines Vs. Chairman, Bangladesh Oil, Gas and Mineral Corporation, 1990, 19 CLC (HCD)
....arily and mala fide. Hence the impugned letter of intent is liable to be set aside. 7. Mr. Salauddin's next ground is that the petitioner's bid has been rejected most arbitrarily on the manifestly erroneous premises that he was incapable of performing the contract. In so doing the respondents did......affidavits‑in‑opposition. Before filing the affidavits‑in‑opposition the respondents had filed application for vacating the order of stay granted by this Court while issuing the Rule Nisi. In view of the urgency we fixed the main Rule for expeditious hearing. 4. Apart from denying all mat..Category: Others | Date: | Hits: 131
Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....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. ......substance and fact." 21. Matters of this nature where petitions were made for transfer under section 526 Cr.P.C. and under section 407 of the present Indian Criminal Procedure Code, the consistent view of the Court of this sub‑continent had also been that bias is a question both of substance an..Category: Criminal Law | Date: | Hits: 73
Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
....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. ......ersons having common intention. The partition which divides these two classes of cases is "often very thin but nevertheless the distinction is real and substantial." The Judicial Committee was of the view that "the inference of common intention within the meaning of the term under section 34 should ..Category: Criminal Law | Date: | Hits: 87
Chairman, BCIC Vs. Md. Ali Akkas and others, 2010, 39 CLC (AD)
....mo of Ministry of Finance has got no manner of application to BCIC. Consequently, the audit objection raised as well as the Board's decision of BCIC based on that memo is not at all effective and was erroneously applied. The memo referred to above is not effective for BCIC rather effective for Bangl......tions applicable to him and payments and further payment to be made shall have to be calculated on the basis of BCIC Service Regulations and not on the Finance Ministry's Memo dated 02.07.1988. In view of the above, the submissions of the learned Counsel for the petitioners deserve no considerati..Category: Employment/Service Law | Date: | Hits: 90
Bangladesh Inland Water Transport Corporation Vs. Nazma Transport Company, 1991, 20 CLC (HCD)
.... 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. ......ting the suit by filling written statement contending, inter alia, that there is no cause of action for filing the aforesaid suit. The suit is barred by limitation and the same is not maintainable in view of the fact that the proceeding under section 52 of Ordinance 72/76 is pending on the self‑sa..Category: Admiralty Law or Maritime Law | Date: | Hits: 164
Nazrul Islam and others Vs. The State, 1991, 20 CLC (HCD)
.... 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. ......aring for the State, has supported the judgment and order of conviction passed by the learned Sessions Judge and argued that at least accused appellant Nazrul and accused Kashem deserve conviction in view of their confessional statement since the confessional statement may be made the sole basis of ..Category: Criminal Law | Date: | Hits: 86
Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)
....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.......e second lowest. The petitioner company by letter dated 16.2.91 made complaint to the Bangladesh Bank against the unlawful acts of respondents 3 and 4 and requested for an enquiry into the matter. In view of that respondent No.1 decided to get the matter re‑evaluated by the Bureau of Research, Tes..Category: Others | Date: | Hits: 123
Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....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. ......uld be fair and not made with the object of lowering the authority of Courts and should not impute motives to Judges. 11. Hamoodur Rahman, CJ. in Arif Nizami, PLD 1971 SC 72, while endorsing the views of Lord Russell, CJ, argued in The Queen Vs. Gray (1900) 2QB 36, stated "scandalizing the co..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. ......elled the contention of the learned Counsel for the petitioner observing that "on perusal of the petition of complaint and the provisions of section 138 of the Negotiable Instruments Act, 1881 and in view of the decisions of Satya Narayan Poddar Vs. State reported in 53 DLR 403 and Sirajul Islam Vs...Category: Criminal Law | Date: | Hits: 118
Privatization Commission Vs. Golam Mostafa and others, 2011, 40 CLC (AD)
....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. ......y conceded that the writ petitioner was compelled to give the bank guarantee by assuming the long term loan as there was delay in the delivery of possession. This submission is devoid of substance in view of the writ petitioner's representations made if annexures H and H (1), the terms in annexure '..Category: Civil Law | Date: | Hits: 90
Shoaib (Md.) Vs. Uttara Bank Ltd. and another, 1990, 19 CLC (HCD)
....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. ......rstwhile Eastern Banking Corporation, would be accepted as share‑holders of the present Uttara Bank Ltd, and this was the decision taken by the Board of Directors in its meeting dated 7.4.84. In my view, this was not the correct proposition of law inasmuch as the present petitioner is not a foreig..Category: Company Law | Date: | Hits: 175
Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....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. ......cognising the respondent No. 4 and some others as co‑tenants of those lands, and an order passed by the Government under Memo No. 11‑1/86/438/1(3) dated (Annexure 'J) whereby an application for review filed to the Government by the petitioner for reviewing the order contained in the memo first a..Category: Property Law | Date: | Hits: 63
Bashi alias Bashir and another Vs. The State, 1990, 19 CLC (HCD)
....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.......ooted before me exactly came up 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..Category: Procedural Law | Date: | Hits: 76
Boynuddin and others Vs. Azimuddin and others, 1989, 18 CLC (HCD)
....nder section 47 of the Code of Civil Procedure, the learned Munsif acted illegally and with material irregularity in rejecting the application under section 151 of the Code of Civil Procedure upon an erroneous view that the application was not maintainable. It is further urged by him that since ther......of the Code of Civil Procedure challenging the maintainability of the said application. They also denied the allegations made by the petitioners. After hearing the parties the learned Munsif took the view that the application under section 151 of the Code of Civil Procedure was not maintainable and ..Category: Procedural Law | Date: | Hits: 83
Abdul Awal Mia (Md.) Vs. Sonali Bank & others, 1990, 19 CLC (HCD)
....nd decree of the learned Subordinate Judge are set aside and the suit is dismissed on contest against the added defendant No. 3 without cost. Ed. This Case is also Reported in: 43 DLR (1991) 201....... as party in the suit will take effect from the date of filing of the suit and therefore the suit is not barred against him under section 22(1) of the Limitation Act. He has further submitted that in view of the plaintiffs prayer (D) e.g." such other relief or relief, may be granted as the plaintiff..Category: Civil Law | Date: | Hits: 82
Dildar Hossain and another Vs. Md. Sharif Hossain and others, 1990, 19 CLC (HCD)
....f fresh service of summons upon the cited witnesses is allowed. Let a copy of this order be transmitted to the Court concerned immediately. Ed. This Case is also Reported in: 43 DLR (1991) 196. ......r for issuing fresh summons upon the cited witnesses of the defendants and as such the same is liable to be set aside as having occasioned a failure of justice. His further submission is, that in any view of the matter, for the ends of justice, the prayer of the petitioners for issuing fresh summons..Category: Property Law | Date: | Hits: 78
Deputy General Manager, Rupali Bank Ltd. Vs. Shah Jalal and others, 1990, 19 CLC (HCD)
....decision by the Trial Court on very independent issues without making any piecemeal of them." The Rule is, accordingly, discharged without Ed. This Case is also Reported in: 43 DLR (1991) 193.......as much earlier than the date of the incorporation of the bank in the Schedule of the Act, the Administrative Tribunal has no jurisdiction to entertain the suit. Thereupon the learned Munsif took the view that the suit is exclusively triable by the Administrative Tribunal and hence the Civil Court h..Category: Employment/Service Law | Date: | Hits: 64
Habibullah Chowdhury (Md.) Vs. Rajdhani Unnayan Kartipakhho and another, 1990, 19 CLC (HCD)
.... to costs and the order of stay passed by this Court is vacated. Let a copy of the judgment be served on the respondents for future guidance. Ed. This Case is also Reported in: 43 DLR (1991) 187.......held: "From these it is apparent that the petitioner has not showed any cause as to the unauthorised construction but they have prayed for withdrawal of the notice on compassionate ground. In that view of the matter we are of the opinion that the RAJUK (DIT) was not obliged to give any opportunit..Category: Property Law | Date: | Hits: 77
Sigma Huda Vs. Ishfaque Samad and others, 1993, 22 CLC (HCD)
....incerely, honestly and with due care and caution. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 129. ...... impugned letter in reply to that of the Head Master concerned as per instructions of her client in good faith without any malice or ill will as contended, he does not like to oppose the rule, but in view of the fact that the teamed Advocate for the petitioner has expressed sincere repentance for th..Category: Family Law | Date: | Hits: 191
Idris Mia (Md.) Vs. Promode Ranjan Das & others, 1992, 21 CLC (HCD)
....tion of law I find that the application for pre‑emption has been rightly allowed. The rule is, therefore, disclosed without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 127....... which constitute the cause of action so that there can be specific denial in the written statement under Order 6 rule 3 and issues can be framed under Order 14 of the Civil Procedure Code. 15. In view of the fact that the pre‑emptor has clearly stated, in the cause title of his application for..Category: Property Law | Date: | Hits: 72