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Chevron Lines Vs. Chairman, Bangladesh Oil, Gas and Mineral Corporation, 1990, 19 CLC (HCD)
....e been issued Without any lawful authority and to be of no legal effect and further to show cause why they shall not be directed to award the said work to the petitioner M/s. Chevron Lines. 2. The facts upon which the said Rule Nisi was issued in short, are that on 18.11.89 Petrobangla, a statuto......stered partnership with its office at Sheikh Mujib Road, Dewanhat, Chittagong………………………………………………………..Petitioner Vs. The Chairman, Bangladesh Oil, Gas and Mineral Corporation (Petrobangla), 122-124 Motijheel Commercial Area, Dhaka and others……......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)
....w in passing an order would not by itself be a ground for bias and for those made to appear before the High Court that the accused cannot get a fair and impartial trial, unless it be substantiated in facts of the case that the Court not only acted illegally but acted‑so with the sole intention to ......QB 759; AIR 1966 (Mysore) 231); AIR 1940 Lahore 527); 37 CrLJ 1146, 40 CrJJ 803, AIR 1925 Oudh, 52; AIR 1938 Rajsthan 456; Pakira Purari‑prisoner, AIR (31) 1944 Mad 78; Regina Vs. Camborne justices and another, 1 QB 1955 page 78; Reg Vs. Rand, (1866) LR I QB 230 and 232. Lawyers Involved: ...... the accused rather the procedure as laid down in the law have been carefully followed by the Tribunal and only because there is a feeling in the mind of the accused that in the absence of any proper evidence supporting his case of exception or gift he may be convicted would not be a ground to submi..Category: Criminal Law | Date: | Hits: 73
Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
....e by excluding the possibility that any other person might have committed the offence. The chain of events must be as such that the possibility of innocence of the accused is wholly excluded and such facts are incapable of explanation on any other reasonable hypothesis other than the guilt of the ac......Appellants (In Criminal Appeal No. 408 of 1988). M Shamsul Alam, Deputy Attorney‑General with SB Barua, Advocate ‑ For the State. Aminul Huq with Nizamul Huq, Nurul Islam Sujon, Farid Ahmed and Adilur Rahman Khan, Advocates ‑For the Complainant. Criminal Appeal No. 396 of 1988 with Cr...... intimate friend of the deceased family and PW 9 is Md. Haider Ali, the Investigating Officer. 5. There is no eye‑witness in this case. Prosecution has sought to prove the case by circumstantial evidence. The rule of circumstantial evidence is that each chain of circumstance must be knitted tog..Category: Criminal Law | Date: | Hits: 87
Chairman, BCIC Vs. Md. Ali Akkas and others, 2010, 39 CLC (AD)
....d 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 the writ-petitioner in Writ Petition No.8720 of 2008 ......ammad Fazlul Karim CJ Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J The Chairman, Bangladesh Chemical Industries Corporation (BCIC) and others………….......Petitioners (In both the petitions) Vs. Md. Ali Akkas and oth......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)
....ly dealt with. The explanation as regards change of legal adviser of the plaintiff is not at all convincing and for such reason, in my view, delay of such a long period needs no consideration. In the facts and circumstances of the case I am of the view that Mr. Khondker succeeds in both the points. ...... as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ...... 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)
....een called for at Dhaka and fixed for hearing. The other side seems to have been aware of the stand taken by the opposite party and has therefore refrained from opposing the application. 6. In the facts and circumstances of the case I am inclined to hold that the opposite party plaintiff was prev......(1993) 150. ......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)
....lants has argued the confessional statement made by the accused Nazrul and Kashem are exculpatory so far as the murder is concerned. Their statements if at all could be taken as admissions of certain facts. It is admitted that the accused Nazrul and Kashem were taken to police custody on remand imme...... Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ......e case as it appears from the trend of cross‑examination is that the accused appellants have been falsely implicated in this case out of enmity. 5. The learned Sessions Judge on consideration of evidence on record found the accused appellants guilty under sections 302/34 of the Penal Code and s..Category: Criminal Law | Date: | Hits: 86
Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)
....eferred the matter to the Bureau of Anti Corruption for investigation. The Bureau of Anti Corruption made a report on 16th October, 1991 and the report mentioned about the suppression of material facts regarding the lowest bidder. It was the finding of the Bureau of Anti‑Corruption that evalua......rt High Court Division (Special Original Jurisdiction) Present: Anwarul Hoque Choudhury J KM Hasan J Agragami Engineers Ltd.....................Petitioner Vs. Bangladesh Bank and others…………………Respondents Judgment November 17, 1992. Cases Referred To- ......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
Sarwar Hossain Moni Vs. State and another, 2011, 40 CLC (AD)
....ts of the High Court Division but since the subject matter and the parties are identical, these petitions are disposed of analogously by this order. 2. For our convenience we would like to narrate facts in Criminal Petition No.478 of 2010. The petitioner issued a Cheque on 30th April, 2008 drawn ...... (Criminal) Present ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Sarwar Hossain Moni..........................................Petitioner (In both the cases) Vs. State and another.............................................Respondents (In both the cases) Judgment ......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. ..Category: Criminal Law | Date: | Hits: 118
Privatization Commission Vs. Golam Mostafa and others, 2011, 40 CLC (AD)
.... (From the judgment and order dated 14-1-2009 passed by the High Court Division in Writ Petition No. 5258 of 2001). Judgment SK Sinha J. - This appeal, by leave, has arisen out the following facts: Government could not run Deshbandhu Sugar Mills (the Mills) properly because of multifar......t Appellate Division (Civil) Present ABM Khairul Haque CJ Md. M Hossain J SK Sinha J Privatization Commission.................................Appellant Vs. Golam Mostafa and others...............................Respondents Judgment February 14, 2011. Result: ......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)
....ioner and perused the impugned judgment and order of the High Court Division and other materials available on record. 8. The learned Single Judge of the High Court Division on consideration of the facts and evidence of the case came to the finding that the suit is maintainable in its present form......ase is also Reported in: 16 BLC (AD) (2011) 62. ......d Title Appeal No.99 of 1993 before the learned District Judge, Brahmanbaria. The suit was again sent back on remand in the trial Court for hearing with certain observation. The trial Court had taken evidence afresh and decreed the suit upon resettling the fresh issue on 19-9-2002. The defendant No...Category: Property Law | Date: | Hits: 75
Shoaib (Md.) Vs. Uttara Bank Ltd. and another, 1990, 19 CLC (HCD)
.... simply referring to its earlier letter dated 3.9.84 and expressed its inability to consider his case. Even thereafter the petitioner wrote to the Chairman of the Uttara Bank reiterating his position facts and circumstances of the case. Beside the aforesaid representations the petitioner on several ......Supreme Court High Court Division (Original Civil Jurisdiction) Present: Md. Mozammel Hoque J Shoaib (Md.)........................................Petitioner Vs. Uttara Bank Ltd. and another. ................Respondents. Judgment June 3, 1990. Cases Referred to- Job......not exceeding Taka two is paid to the Company for each instrument of transfer and (b) The instrument of transfer is accompanied by the certificate of the shares to which it relates and such other evidence as the Directors may require to prove the title of the transferor or his right to transfer ..Category: Company Law | Date: | Hits: 175
Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....) whereby an application for review filed to the Government by the petitioner for reviewing the order contained in the memo first above mentioned was rejected, have been called in question. 2. The facts leading to this Writ Petition are somewhat lengthy. 3. It is alleged by the petitioner that......Roy Chowdhury J Naimuddin Ahmed J Saifur Rahman………………………………………………..Petitioner. Vs. Government of Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms, Dhaka and others…………………..Respondents. Judg......eding is at Annexure 'A' to the Writ Petition. This order was passed as far back as on 3.1.57 and its concluding portion runs as follows: "From all these above facts and circumstances and from the evidence on record, I find that the disputed land appertains to Char Sitaram (Block B) and not Udayp..Category: Property Law | Date: | Hits: 63
Boynuddin and others Vs. Azimuddin and others, 1989, 18 CLC (HCD)
.... an order passed by the learned Munsif, Rajshahi rejecting an application under section 151 of the Code of Civil Procedure for restoration of an objection under section 47 of the said Code. 2. The facts which gave rise to this Rule are that one Hakimuddin Pramanik, as plaintiff, instituted a suit......ored. Ed. This Case is also Reported in: 43 DLR (1991) 207. ......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)
....a defalcation as alleged in the plaint, and if so, who is responsible and liable for the alleged defalcation? 5. To what relief, if any, is the plaintiff entitled?” 7. On consideration of the facts and circumstances of the case and evidence on record the learned Subordinate Judge decreed the......nur Reza Chowdhury J Abdul Awal Mia (Md.).................Appellant Vs. Sonali Bank & others.................Respondents. Judgment May 28, 1990. Cases Referred to- Messers Chand Oil Mills Vs. Haji M Muhammad Zakaria & Co. & 2 others, PLD 1958 Kar. 510; Md. Ibrahim V......and if so, who is responsible and liable for the alleged defalcation? 5. To what relief, if any, is the plaintiff entitled?” 7. On consideration of the facts and circumstances of the case and evidence on record the learned Subordinate Judge decreed the suit on contest with cost against the d..Category: Civil Law | Date: | Hits: 82
Dildar Hossain and another Vs. Md. Sharif Hossain and others, 1990, 19 CLC (HCD)
....Subordinate Judge, 1st Court, Dhaka in Title Suit No. 228 of 1986 rejecting an application under Order 16 rule 10 (3) and another under Order 16 rule 1 of the Code of Civil Procedure. 2. The short facts relevant for disposal of the rule may be stated as follows: The opposite party Nos. 1‑4 ......is also Reported in: 43 DLR (1991) 196. ......nd fraudulent and that the suit property has been rightly requisitioned by the Government and allotted to the allottees. 4. The plaintiffs examined only one witness and thereafter it was fixed for evidence of the defendants. Defendant Nos. 1‑3 examined their witnesses also and then a date was f..Category: Property Law | Date: | Hits: 78
Deputy General Manager, Rupali Bank Ltd. Vs. Shah Jalal and others, 1990, 19 CLC (HCD)
....vil Revision No. 108 of 1988. Judgment Bimalendu Bikash Roy Choudhury J. - This Rule tinder section 115 of the Code of Civil Procedure is directed against an order of remand. 2. The relevant facts giving rise to this rule in brief are, that opposite party No. 1, as plaintiff, brought Title ...... Court High Court Division (Civil Revisional Jurisdiction) Present: Bimalendu Bikash Roy Choudhury J Deputy General Manager, Rupali Bank Ltd............Petitioner Vs. Shah Jalal and others.......................................Opposite‑Parties. Judgment May 15, 1990 ......ularly when the suit has been sent back to the Trial Court for fresh trial observing the following: "The matter was decided at the stage of fixing peremptory hearing of the suit without taking any evidence. Though as many as five issues were framed but the suit was dismissed without taking eviden..Category: Employment/Service Law | Date: | Hits: 64
Habibullah Chowdhury (Md.) Vs. Rajdhani Unnayan Kartipakhho and another, 1990, 19 CLC (HCD)
....ficer or the Building Construction Committee follows the procedure provided under section 3B the order for removal of the building or filling up of the tank will be either illegal or irregular in the facts and circumstances of a given case. 10. We have already found that the Building Construction......tion) Present: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Habibullah Chowdhury (Md.) ....................................Petitioner Vs. Rajdhani Unnayan Kartipakhho and another ..............Respondents. Judgment August 30, 1990. Lawyers Involved: MG Bh...... 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...Category: Property Law | Date: | Hits: 77
Sigma Huda Vs. Ishfaque Samad and others, 1993, 22 CLC (HCD)
....ed petitioner as an Advocate, in reply to the said letter as per instructions of her client which she believed to be correct, gave the reply in question to the concerned Head Master narrating all the facts and circumstances under which the minor boy Fazle Samad was admitted into the said school by f...... High Court Division (Criminal Revisional Jurisdiction) Present: Muhammad Ansar Ali J Kazi Ehadul Hoque J Sigma Huda ............................Petitioner Vs. Ishfaque Samad and others..........Opposite Parties Judgment January 17, 1993. Cases Referred To- Balkr......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. ..Category: Family Law | Date: | Hits: 191
Idris Mia (Md.) Vs. Promode Ranjan Das & others, 1992, 21 CLC (HCD)
.... there cannot be any denial as there is no specific averment in the pre‑emption application. He argues that Order 7(1)(e) of the Civil Procedure Code requires that an application should contain the facts which constitute the cause of action so that there can be specific denial in the written state......Vs. Promode Ranjan Das & others…………………Opposite Parties Judgment May 7, 1992. Cases Referred To- Abdur Rahman @ Abdul Rahman Vs. Mokles Ali, 31 DLR (AD) 118; Nayeb Ali and others Vs. Akhtar Rahman and others, 29 DLR 153; Matiur Rahman Vs. Md. Iman Ali @ Md. Iman Miah ......he purchaser, but with the subsequent increase of the price of land the pre‑emptor is denying any knowledge of the sale of the land. 4. The learned Munsif, Second Court, Moulvibazar believed the evidence of the pre‑emptor, Promode Ranjan Das, that he is a non‑notified contiguous land holder..Category: Property Law | Date: | Hits: 72
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