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Sheikh MA Jabbar Vs. AKM Obaidul Huq and others, 1990, 19 CLC (HCD)
....passed by the Metropolitan Magistrate in case No. 792A/95 is set aside. The Rule arising out of Criminal Revision No. 239/88 is discharged. Ed. This Case is also Reported in: 43 DLR (1991) 233. ......tly within the wordings of section 522 of the Criminal Procedure Code this order should not be interfered with by this Court as it is not the duty of the Court of revision to correct mere mistakes in law which have no more effect than mistakes in grammar and spelling. The power of interference in re..Category: Criminal Law | Date: | Hits: 59
Matiur Rahman Vs. Election Commission and Others, 1990, 19 CLC (HCD)
....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......., District Narsingdi. In view of the repeal of Rule 68 of the Upazila Parishad (Election of Chairman) Rules, 1983 the Chief Election Commissioner, took the view that there is no specific provision in law empowering him to direct Respondent No. 2 the designated Appellate Authority (The Deputy Commiss..Category: Election Law | Date: | Hits: 112
....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.
......ompany to show cause as to why the impugned order dated 14.2.90 (Annexure‑H) passed in Complaint Case No. 239 of 1985 or the 1st Labour Court, Dhaka should not be declared to have been made without lawful authority and to be of no legal effect.
2. At the first instance we had called for the rec..
Category: Employment/Service Law | Date: | Hits: 89
Dewan Mohammad Safare Ali & others Vs. People's Republic of Bangladesh, 1990, 19 CLC (HCD)
....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....... In reply to this contention the learned AAG appearing for Bangladesh submits that he is not in a position to defend the judgment passed by first appellate Court and that the Court committed error in law in not obeying the principle laid down in Order 41 Rule 31 of the C.P.C. 9. I have been taken..Category: Property Law | Date: | Hits: 60
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. ......or for taking delivery of the line 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 direct..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. ......nal stating the grounds for such apprehension in the application which ground need be mentioned under sub‑section 6 of section 526 of the Code, on affidavit by one Mustafizur Rahman, brother‑in‑law of the petitioner and tadbirkar of this case which petition the accused himself could have affir..Category: Criminal Law | Date: | Hits: 73
Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
....10.86 that some people came to him and complained about Arun that he (Arun) took cigarettes from two persons by force. Baharul Islam, the O/C after hearing PW5 assured him to do something for Arun in amending his conduct and character. He (Baharul Islam) sent Sub‑Inspector Abdul Bari along with hi......ntence is wholly illegal. Mr. Malek also points out the ingredients of section 34 which according to him having not been fully established, the order of conviction and sentence are not sustainable in law. Section 34 of the Penal Code runs as follows:‑ "Acts done by several persons in furthe..Category: Criminal Law | Date: | Hits: 87
Chairman, BCIC Vs. Md. Ali Akkas and others, 2010, 39 CLC (AD)
....audit objection, the BCIC Board of Directors took a decision which resulted in issuance of memos dated 29.09.2008 and 21.07.2008. Such decision of the Board was circulated, vide memo dated 21.07.2008 amending the earlier decision of the Board on 08.08.1993. Finding no other alternatives, the writ-pe......ion (BCIC) and Memo No. BCIC/BD/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..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. ...... and dereliction of duty of the crew members of the defendants vessel? 4. Is the plaintiff entitled to a decree as prayed for? 5. To what other relief or reliefs the plaintiff is entitled under law and equity. 6. The defendant filed an application on 25.1.90 praying for hearing the first 2 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 164
Malik Mohammad Amin Anowar Vs. Shahjahan Mia and others, 1990, 19 CLC (HCD)
....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. ......result of the Revision case and threatened 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 ..Category: Procedural Law | Date: | Hits: 73
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. ......out to gather honey. Then her husband asked her to go to hut telling her that he would return at night‑after gathering honey but her husband did never come back. In the morning as her mother‑in‑law asked her to call up Sabdul to give fodder to the cow, she told her that Sabdul had gone out wit..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.......Bank had recommended to the Bank in favour of respondent No.4 Aziz & Company, the 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 res..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. ......avits. He further commented that at the time of delivering 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 po..Category: Criminal Law | Date: | Hits: 124
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. ......ender document and he cannot avoid the said long term loan for indefinite period. If he does not agree to pay the loan as per decision of the Privatization Board, the authority would realize as per law it deems fit since the writ petitioner was not agreeable to the terms despite assuming the amoun..Category: Civil Law | Date: | Hits: 90
Provas Chandra Banik Vs. Naresh Chandra Banik and others, 2009, 38 CLC (AD)
....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. ...... and 2 as plaintiffs brought Title Suit No. 211 of 1981 for declaration that the alleged deed of gift is illegal, void and has been made upon false personation only to deprive the plaintiffs of their lawful properties and, as such, the defendant Nos. 1-4 be directed to evict from the suit property..Category: Property Law | Date: | Hits: 75
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. ...... 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 foreigner, rather he just stepped into the shoes of ..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. ......inst the order under the aforesaid memo and this application for review was also rejected by the respondent No. 1 under Memo No. 11‑1/86/438/1(3) dated 19.11.86, The aforesaid orders are absolutely lawful orders and, as such, cannot be interfered with. 8. Subsequently, the petitioner filed 2 af..Category: Property Law | Date: | Hits: 63
Abdul Awal Mia (Md.) Vs. Sonali Bank & others, 1990, 19 CLC (HCD)
....by the other side at the time of trial". In the case reported in 38 DLR 39 the Trial Court allowed the plaintiff to introduce a new story (in his deposition and by production of documents) without amending the plaint. In these circumstances it was held in this case that such introduction of new s......3 preferred this appeal to this Court. 8. BK Das, the learned Advocate appearing for the defendant No. 3 appellant, has not argued the appeal on merit but he has argued the appeal only on point of law. His first submission is that the learned Subordinate Judge had erred in not holding that the su..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. ......ry, JJ were pleased to reject the application summarily following observation- "Let the petitioners convince the learned Subordinate Judge that their cited witnesses are avoiding the Court without lawful excuse. The learned Subordinate Judge, it appears, is still open to give a favourable decisio..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.......ntry effective from 1.2.1981. Rupali Bank in which the plaintiff had been serving being not originally included in the schedule the said tribunal had no jurisdiction over the subject matter under the law as it stood then. By Ordinance No. LX of 1984 which came into force on 25.9.84 the said Bank was..Category: Employment/Service Law | Date: | Hits: 64
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