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Captain Shamsul Alam Chowdhury Vs. Shirin Alam Chowdhury, 1991, 20 CLC (HCD)
....sued calling upon the opposite party to show cause as to why the judgment and order dated 18.4.90 passed by the District Judge, Dhaka in Misc. Appeal No. 71 of 1990 should not be set aside. 2. The facts for the disposal of the rule are: On 28.9.87 the petitioner filed the suit No. 10 of 1987 i......cate ‑ For the Opposite Party. Civil Revision No. 832 of 1990. Judgment Mainur Reza Chowdhury J. - This Rule was issued calling upon the opposite party to show cause as to why the judgment and order dated 18.4.90 passed by the District Judge, Dhaka in Misc. Appeal No. 71 of 1990 should no......l made by the petitioner under section 17 of the Family Courts Ordinance on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 297...Category: Family Law | Date: | Hits: 230
AHM Kamaluddin another Vs. The State, 1989, 18 CLC (HCD)
....্ছা করিলে মামলা পূনজীর্বিত করণের পদক্ষেপ গ্রহণ করিতে পারেন।”. shall not be expunged. 2. The facts of the case are that petitioner No.1 AHM Kamaluddin was Managing Director of the Bangladesh Sh...... J AHM Kamaluddin another……………….Petitioners Vs. The State....................................Opposite Party. Judgment August 21, 1989. Lawyers Involved: Abdul Wadud Khandker, Advocate ‑ For the Petitioner. Not represented-the Opposite Party. Criminal Revision......the result, the application is summarily rejected. Let a copy of this judgment be sent to the Court of the Divisional Special Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (1991) 294. ..Category: Criminal Law | Date: | Hits: 63
Abdul Hakim and others Vs. The State, 1990, 19 CLC (HCD)
....ment and how he read over the statement made to the accused and his admitting those to be correct and the Magistrate believing those to be voluntary, ought to be treated as conclusive evidence of the facts stated therein, unless shown to be otherwise before that Court. In the case there existed ...... Reported in: 43 DLR (1991) 291, 43 DLR (1991) 389. ......to show cause as to why the order dated 23.7.86 passed by the learned Sessions Judge and Special Tribunal Judge, Rajshahi in Special Tribunal Case No. 1 of 1986 admitting Exts. 4, 5 and 6 series into evidence should not be set aside or such other or further order or orders as to this Court may seem ..Category: Criminal Law | Date: | Hits: 74
....eeing the suit and as such the judgment and order passed by the learned Subordinate Judge are liable to be set aside.
In the result this appeal is allowed and the suit is dismissed. In view of the facts and circumstances of the case there will be no order as to costs.
Ed.
This Case is also ......late Jurisdiction)
Present:
Mohammad Ismailuddin Sarker
Muhammad Ansar Ali J
Sadharan Bima Corporation ..............................................Appellant
Vs.
The Dhaka Dyeing and Manu facturing Company Limited.....................Respondent.
Judgment
March 15, 1990.......inding on that issue.
5. Mr. AR Yusuf, the learned Advocate appearing on behalf of the appellant, has submitted firstly, that the findings of the learned Subordinate Judge were contrary to law and evidence on record and not sustainable in law inasmuch as the agreement of arbitration as evidenced ..
Category: Alternative Dispute Resolution | Date: | Hits: 170
....dment certain specific boundary has only been incorporated in keeping the other averments intact. This amendment, therefore has not changed the character of the plaint. It is therefore found that the facts leading to the case reported in 13 DLR 871 and facts and circumstances of the present case bef..................................................Opposite Parties.
Judgment
September 24, 1990.
Cases Referred to-
Golam Hafez Mia Vs. Khadem Ali Mia, 29 DLR (SC) 311; Sultan Ahmed Vs. Puma Chandra Karmakar and others, 28 DLR 131; Alokeshi Bank Vs. Aftabuddin, 13 DLR 871; Daguram Mandal Vs. ...... the suit. In spite of objection from the side of the present petitioner the amendment was allowed by the Court's order dated 4.9.1989. Thereafter the suit appeared in the peremptory hearing list and evidence of PW 1 was recorded on 15‑10‑1989. Then the plaintiff opposite party on 15‑11‑1989..
Category: Property Law | Date: | Hits: 146
Abdur Rashid Vs. State, 1990, 19 CLC (HCD)
....cted against the order dated 31.1.89 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 poli...... Abdul Hasib J Abdur Rashid.......................Petitioner Vs. The State ...........................Opposite Party. Judgment May 20, 1990. Cases Referred to- Syed Ahmed and another Vs. The State and another, 1984 BLD 133; 37 DLR 336; Md. Zillul Rahim Vs. Nazmul Karim S......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...Category: Criminal Law | Date: | Hits: 66
Birendra Nath Chakraborty Vs. Subal Chandra Biswas and others, 1981, 10 CLC (HCD)
....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.......R (1991) 276.......site party No. 4. He claims that he came to know of the sale on 27‑9‑74 corresponding to 10th Bhadra, 1381 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 t..Category: Property Law | Date: | Hits: 78
Dilip @ Siddiqur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....ith fatal weapons while Shamsul Huq himself did not give any offence by making any attack or assault. 41. Thus it is found that none of the exceptions 2 or 4 can be availed by the accused upon the facts and circumstances of the present case. 42. Mr. Serajul Huq, the learned counsel referred to......ent. Judgment April 10, 1990. Cases Referred to- 12 DLR (SC) 289; 15 DLR (SC) 66; PLD 1967 (SC) 16; BCR 1987 (AD) 85. Lawyers Involved: Serajul Huq, with Md. Munsurul Hoq Chowdhury and ABM Golam Majid, Advocates- For the Appellants. Shareef Ahmad, Advocate ‑For the State. ......ced for the prosecution of whom 4 were official witnesses and the remaining 7 were local witnesses who included 3 victims of the occurrence. 8. The learned Sessions Judge having considered all the evidence found that the charge was not proved against accused Sattar and acquitted him. He also foun..Category: Criminal Law | Date: | Hits: 61
....in cases in which secondary evidence is admissible under the provisions herein before contained.
94. When language used in a document is plain in itself, and when it applies accurately to existing facts, evidence may not be given to show that it was not meant to apply to such facts."
15. Relyi......ivision
(Civil Appellate Jurisdiction)
Present:
Md. Mozammel Hoque J
Habibur Rahman Khan J
Bangladesh Chemical Industries Corporation & others................Appellants
Vs.
Grand Basia Company Limited & others ...................................Respondents.
Judgment
......ot know who made the correction. The Ministry knows who made the correction or cancellation.
13. Dr. M Zahir, the learned Advocate appearing for the appellant No. 1, in the background of the above evidence, submits that M/s Ferdous Tannery was an abandoned property and the same vested in the gove..
Category: Property Law | Date: | Hits: 73
Mosharraf Hossain Mia Vs. Mosammat Hasina Begum and others, 1990, 19 CLC (HCD)
....is Rule under section 115 of the Code of Civil Procedure is directed against the order dated 20.2.89 passed by Mr. Mominullah, Subordinate Judge, Bhola in Title Suit No. 7 of 1985. 2. The relevant facts of the case are that the opposite parties filed the above suit for declaration that the five k......Division (Civil Revisional Jurisdiction) Present: Abdul Bari Sarkar J Abdul Hasib J Mosharraf Hossain Mia ...................................Petitioner Vs. Mosammat Hasina Begum and others...............Opposite Parties. Judgment May 13, 1990. Lawyers Involved: Abdu......mpugned order of the learned Subordinate Judge is set aside. The learned Subordinate Judge should dispose of the suit as early as possible. Ed. This Case is also Reported in: 43 DLR (1991) 254. ..Category: Property Law | Date: | Hits: 85
State Vs. Kalu Bepari, 1990, 19 CLC (HCD)
....l Code. 2. The condemned prisoner is alleged to have killed his wife, Momtaj Begum. 3. As the prosecution gradually developed in course of the investigation it will be convenient to set out the facts leading to the prosecution of the condemned prisoner in chronological order. 4. On 2.12.85 ......mned prisoner in chronological order. 4. On 2.12.85 at about 6 AM Dhalu Bepari, the elder brother of the condemned prisoner went to the house of Anwar Hossain of Village Patihar Upazila Agailjhara and informed him that his daughter Momtaj Begum had died. On receipt of the news Anwar Hossain went ...... prosecution examined 8 witnesses and tendered two namely, PW 7 and PW 8, while the defence examined none. The defence was a plea of innocence. The learned Sessions Judge upon consideration of the evidence found that the prosecution had been able to prove its case beyond all reasonable doubt and ..Category: Criminal Law | Date: | Hits: 81
Idris and others Vs. The State, 1990, 19 CLC (HCD)
....titioner No. 1. The accused petitioners are directed to surrender to their bail bonds and to serve the remaining period of their sentence. Ed. This Case is also Reported in: 43 DLR (1991) 245.......d of their sentence. Ed. This Case is also Reported in: 43 DLR (1991) 245.......P.C. the accused persons pleaded not guilty and wanted to examine two witnesses on their behalf but ultimately they failed to examine any witness. 5. The learned Magistrate on consideration of the evidence on record found accused petitioner guilty of the charge under section 379 of the Penal Code..Category: Criminal Law | Date: | Hits: 66
Marida Begum and others Vs. Moulavi Md. Hasan and others, 1989, 18 CLC (HCD)
....ties. Civil Revision No. 1063 of 1975 with Civil Revision No. 1069 of 1975. Judgment AKM Sadeque, J. - These two Rules are being disposed of under this judgment as they arise out of the same facts tried in two different suits. Both the suits, being Title Suit Nos. 86 of 1973 and 94 of 1973,...... no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 242........ The plaints of Title Suit Nos. 86 of 1973 and 94 of 1973 be rejected. The Rules are accordingly made absolute. I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 242...Category: Civil Law | Date: | Hits: 79
Bangladesh Road Transport Corporation Vs. M/s. Ashraf Jute Mills Ltd., 1990, 19 CLC (HCD)
.... Shilpa Rin Sangstha as creditor of the respondent company. On 14.11.89 the learned Advocate Mr. Habibul Islam Bhujyan filed a power on behalf of another creditor 4. In the background of the above facts I have taken up the matter for hearing. The facts that the respondent company had taken lease ......ved: Md. Aminul Huq, Advocate ‑ 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......roperties both movable and immovable of the above company to this Court within two months from the date of receipt of a copy of this order. Ed. This Case is also Reported in: 43 DLR (1991) 240. ..Category: Company Law | Date: | Hits: 165
Serajul Islam Vs. The Director General of Food, 1990, 19 CLC (HCD)
....ি/প্রসা/তদন্ত ও মামলা/13/90 dated 10.1.90, Annexure‑H should not be declared to have been made without any lawful authority and of no legal effect. 2. The short facts of the case are, that the Regional Controller of Food, Chittagong by his Memo No. 318(5) dated......oner 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 and of no legal effect. 2. The short facts of the case are, that the Regional Controller of Food,......In the result, on the grounds stated above the application of the petitioner is summarily rejected. The prayer for certificate is refused. Ed. This Case is also Reported in: 43 DLR (1991) 237...Category: Administrative Law | Date: | Hits: 175
Sheikh MA Jabbar Vs. AKM Obaidul Huq and others, 1990, 19 CLC (HCD)
....re in case No. 792A of 1985 in pursuance of conviction of the accused petitioner under section 448 of the Penal Code which is the subject matter of the rule in Criminal Revision No. 239/88. 4. The facts relevant for both the rules are as follows: The complainant opposite party filed a complain..........................Petitioner Vs. (1) AKM Obaidul Huq (2) The State............Opposite Parties. Judgment January 4, 1990. Cases Referred to- Aswani Kumar Das, 36 CWN 624; Dawmaya and another Vs. Emperor 38 CrLJ 918; Basanta Kumar Maiti Vs. Ken Ram Maiti, AIR 1953 page 393; Lal M...... 13. Mr. Aminul Huq, the learned Advocate for the accused petitioner has jettisoned the rule in Criminal Revision No. 239/88 obviously because both the courts below have, upon consideration of the evidence on record, concurrently found that the accused petitioner had committed house trespass into..Category: Criminal Law | Date: | Hits: 59
Lukus Miah Vs. State, 1991, 20 CLC (HCD)
....der section 4(c) of the Cruelty to Women Ordinance, 1983 and sentenced him to suffer rigorous imprisonment for 14 years. 6. Mr. AKM Faiz, the learned Advocate for the appellant has taken us to the facts of the case. He submits that the conviction of the appellant is illegal on the face of it and ......sul Alam, Deputy Attorney General with Hafizul Bari, Advocate ‑ For the State. Criminal Appeal No. 340 of 1989. Judgment Abdul Bari Sarker J. - This appeal is directed against the judgment and order of conviction and sentence passed by Mr. Md. Golam, Maola, Special Tribunal Judge, Moulvib......য়াছেন।” 4. The prosecution examined 12 witnesses including the informant Lailunnessa and the defence examined none. 5. The learned Special Tribunal Judge on consideration of the evidence and materials found the accused guilty of the charge and convicted him under section 4(c) o..Category: Criminal Law | Date: | Hits: 68
Fahim Al Haque (Minor) and another Vs. Mohammad Abdul Aziz and others, 1990, 19 CLC (HCD)
....hadur Pal and others Vs. Ram Shankar Prankar Prasad Pal reported in ILR 27 (All) 688. We have gone through the above decision. In our view the above cited decision has no manner of application in the facts 'and circumstances of the present case because the principle laid down there is with regard to......is also Reported in: 43 DLR (1991) 226.......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...Category: Property Law | Date: | Hits: 59
....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.
......bibur Rahman J
Habibul Islam Bhuiyan J
Eastern Pharmaceuticals Ltd, Dhaka represented by its Managing Director…………..Petitioner.
Vs.
The Chairman, First Labour Court of Bangladesh and others……………….Respondents.
Judgment
April 17, 1990.
Cases Referred to-
B......tance we had called for the records of complaint Case No. 239 of 1985 and on receipt of the record we heard the application today (17.4.90). We have gone through the judgment of the Labour Court, the evidence recorded by the Labour Court by the domestic enquiry committee, enquiry report dated 24.7.8..
Category: Employment/Service Law | Date: | Hits: 89
Dewan Mohammad Safare Ali & others Vs. People's Republic of Bangladesh, 1990, 19 CLC (HCD)
....elow misconstrued the document in which order of mutation was passed by the Co. (Rev.), the latest rent receipts and the registered sale deed between the parties and on wholly erroneous assumption of facts the Additional. District Judge concurred with the finding of the Trial Court. Further grievanc......r the Petitioner. Mashuk Hossain Ahmed, Assistant Attorney General ‑For the State. Civil Revision No 397 of 1986. Judgment Syed Fazle Ahmed J. - This Rule calls in question the legality and propriety of the judgment and decree dated 3.12.85 and 9.12.85 respectively passed by Additional......h by purchase from him Ahmed acquired no interest there and that the SA khatian has been correctly prepared and that the plaintiff has no title and possession in the suit land. 4. Both parties led evidence in support of their respective contention and the learned Munsif on consideration of eviden..Category: Property Law | Date: | Hits: 60
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