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Lukus Miah Vs. State, 1991, 20 CLC (HCD)
....is set aside and the accused acquitted of the charge levelled against him. He should be set at liberty if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 230.......is set aside and the accused acquitted of the charge levelled against him. He should be set at liberty if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 230.......is set aside and the accused acquitted of the charge levelled against him. He should be set at liberty if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 230...Category: Criminal Law | Date: | Hits: 68
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.......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.......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...Category: Election Law | Date: | Hits: 112
Fahim Al Haque (Minor) and another Vs. Mohammad Abdul Aziz and others, 1990, 19 CLC (HCD)
....he defendants from making any pucca construction in the suit land until it is partitioned. It is their case that by three registered sale deeds they purchased 16 decimals of land in plot No. 811. The total area of the plot is more or less 50 decimals. They also took settlement 9 decimals of laud fro......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.......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.
......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.
......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.
..
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.......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.......l and dismissed it by his judgment dated 3.12.85. 6. Being aggrieved by the judgment and decree passed by the learned Additional District Judge, Tangail plaintiffs petitioners moved the revisional jurisdiction of this Court and obtained the present rule. 7. The learned Advocate appearing for t..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. ......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. ......llegality or infringed any legal right Of the petitioner nor acted arbitrarily or mala fide for collateral purpose which is to be alleged and proved in appropriate forum and cannot be decided in writ jurisdiction. Mr. Salauddin lastly submits that in re‑evaluating the petitioners' bid the Tend..Category: Others | Date: | Hits: 131
Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....y time was allowed, as prayed for, for adjourning the trial. 28. Now, as to the alleged remark of the judge on that day that the lawyer had learnt law by selling rice and paddy which expression is totally denied by the State in their counter‑affidavit but again asserted to be correct in reply b......up his mind to convict 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 no......he court before the defence closes. If the application is filed for the first time in a case in compliance with the provision of sub‑section (8) to the court where it is applicable the court has no jurisdiction to refuse adjournment and it operates as a statutory obligation to the Magistrate but t..Category: Criminal Law | Date: | Hits: 73
Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
....of the circumstantial evidence which the prosecution has proved by evidence. 7. Mr. Abdul Malek, the learned Advocate, assails the judgment and order of conviction and submits that prosecution has totally failed in making out a case for constructive liability of all the accused appellants into th......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. ......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. ..Category: Criminal Law | Date: | Hits: 87
Bangladesh Inland Water Transport Corporation Vs. Nazma Transport Company, 1991, 20 CLC (HCD)
....said Ordinance. In my view, to award compensation by a Marine Court in a proceeding under section 52 is as good as a decree passed by a civil Court in civil proceeding and as such the present suit is totally misconceived. 11. Mr. Khondker next submits that the suit is barred by limitation, and to...... 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. ...... Injury, and (c) in the case of damage to, any other vessel, to the owner of such vessel. (3) An order to pay compensation shall have effect as if it were a decree of a civil Court of competent jurisdiction and the amount of compensation may, if the Government so directs in case of default in ..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. ......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. ......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)
.... 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. ......em cannot be sustained and the conviction of the remaining accused appellants who were involved in their statements by the confessing accused Nazrul and Kashem cannot be sustained also because in the absence of any other evidence against them, confessional statement of a co‑accused would amount to...... 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. ..Category: Criminal Law | Date: | Hits: 86
Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)
....oided to enter into a bad deal with acceptable reasons of their own, why shall this Court ask them to enter into it as this Court does find that the stand taken by the Bank to the effect that none is totally faultless and to none the job can be given and as calling for a re‑tender, is not a stand ......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.......eview of administrative action and virtually in most cases arising out of mandamus this court in fact does not decide a lis between the parties and declare a right as such but examines in its summary jurisdiction whether the executive action complained of, can be sustained in law or not. The process..Category: Others | Date: | Hits: 123
Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....striction" i.e. the Law of Contempt of Court. True, in the American constitution as well as in our Constitution the 'Freedom of press' has been specifically safeguarded and enshrined whereas, it is totally absent in the Constitutions of India, Pakistan, Sri Lanka, Malaysia but our freedom of press......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. ......e Court as a whole or the individual Judges of the Court from a repetition of the attack, but of protecting the public, and especially those who either voluntarily or by compulsion are subject to the jurisdiction of the Court, from the mischief they will incur if the authority of the tribunal is und..Category: Criminal Law | Date: | Hits: 124
Privatization Commission Vs. Golam Mostafa and others, 2011, 40 CLC (AD)
....NIDA Loan for re-imbursement 2,91,04,000.00 11,18,45,094.91 11.1 DANIDA Loan for new mills (70%) Taka 82,741,094.91 This represents 70% of total import cost of machinery and spares for installing new null in place of old one (Letter ref......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. ......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)
....ation Khatian No.77/4 within Mouza-Morail within Police Station and District-Brahmanbaria with one old building and also 0.51 acres of land comprised in Plot No.151 within same Khatian, being a pond, total measuring 0.31 acres of land were originally owned and possessed by one Srimati Bimala Banik a......tested the suit by filing written statement, contending, inter alia, that complicated question of law related to title and possession in respect of the suit property having been involved in the suit, absence of any prayer regarding either declaration of title or establishment of the same, made the s......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. ..Category: Property Law | Date: | Hits: 75
Shoaib (Md.) Vs. Uttara Bank Ltd. and another, 1990, 19 CLC (HCD)
.... it must say or write a single line in its letter dated 15.4.84 that after submission of instruments of transfer along with the certificates his case would be considered. Instead, the Respondent Bank totally denied to consider his case. The petitioner was not given any opportunity to submit the inst......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. ......ated. Rather the papers and documents filed by the respective parties are sufficient to settle the rights and interests of the parties and the instant dispute. Further, Mr. Fida Kamal submits that he jurisdiction of this Court is sufficiently wide. This submission of Mr. Kamal finds Support from the..Category: Company Law | Date: | Hits: 175
Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
.... question. 2. The facts leading to this Writ Petition are somewhat lengthy. 3. It is alleged by the petitioner that three plots of lands appertaining to RS Plot Nos. 557, 558 & 559 comprising a total area of 1261,95 acres corresponding to CS Plots Nos. 521 and 522 in the CS record of right wer......d falls Within Udaypur mouza or Char Sitaram mouza, there is no dispute about its identity and it is found to be the one and the same land, which is the bone of contention between the parties. In the absence of any prima facie proof of the settlement from the ex‑landlords, the petitioners are tryi......Land Reforms or the Joint Secretary of the said Ministry is not empowered to pass the impugned order and in exercising the power with which they are not vested in law they acted arbitrary and without jurisdiction. 11. The next ground of attack on the impugned orders by Mr. Chowdhury appears to be..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.......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.......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...Category: Procedural Law | Date: | Hits: 76
Boynuddin and others Vs. Azimuddin and others, 1989, 18 CLC (HCD)
....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. ......opposite parties is devoid of any merit. There appears to be nothing in the Code of Civil Procedure which specifically authorises a party to make a second application in the facts of the case. In the absence of any alternative remedy available against the order of dismissal of their objection under ......s not maintainable. It is further urged by him that since there was a mistake on the part of the Court in passing the order of dismissal dated 30.12.1972 the learned Munsif has failed to exercise his jurisdiction by not restoring the objection under section 47 of the Code of Civil Procedure. 5. M..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.......er Abdul Awal Mia with the help of the duplicate keys in collusion with the guard and also with the Bhairab Branch of the bank and other local unknown persons defalcated the alleged amount during the absence of the defendant No. 1. This defendant No.1 never defalcated the amount of Tk. 19050.12 pais......f the quarter. On 14.7.66 Nurul Islam Bhuiyan came to Ajmiriganj and ordered defendant No. Ito hand over charge to Kazi Abul Khair, Assistant Cashier by his order No.3 dated 14.7.66 which was without jurisdiction, illegal and mala fide. Nurul Islam Bhuiyan along with Abdul Awal Mia and some unknown ..Category: Civil Law | Date: | Hits: 82
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