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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. ......ion 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 the shop in question in the manner alleged by the complainant opposite party. In arriving at their conclusions b......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..Category: Criminal Law | Date: | Hits: 59
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.......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 ..Category: Criminal Law | Date: | Hits: 68
Fahim Al Haque (Minor) and another Vs. Mohammad Abdul Aziz and others, 1990, 19 CLC (HCD)
....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.......nner of application in the facts 'and circumstances of the present case because the principle laid down there is with regard to the land in rural areas, but in the instant case admittedly the land in question is situated Within Faridpur Municipal area. So, we find that the above c1ccision is of' lit......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..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.
......gainst the vague and indefinite allegations brought against him
10. We further find from the record that the petitioner company's domestic Enquiry Officer has falsely prepared a sheet putting some questions to respondent No. 2(worker) and writing in the Inquiry Officer's hand that the replies giv......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.......l Saha, Advocate ‑For 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 respectivel......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..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. ......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..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. ......4.91, 21.4.91, 22.4.91, 24.4.91 and 27.4.91 During these 8 days including 27.4.91 the prosecution examined their witnesses and in examining their witnesses it is alleged the prosecution asked leading questions in spite of protest and in spite of the prayer made by the defence asking the court not to......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 ..Category: Criminal Law | Date: | Hits: 73
Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
....s for the act actually committed. This section has provided punishment for the conspirators where the act shared by several offenders cannot be ascertained though their moral culpability is clear and identical. This section may be applied also where it is difficult to distinguish between the act of ...... of common intention within the meaning of section 34 should not be readily drawn or pushed too far unless the same is deducible from the evidence and circumstances of the case. 12. Intention is a question of fact and can be gathered from the acts of the accused. If the acts of the accused do not......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..Category: Criminal Law | Date: | Hits: 87
Chairman, BCIC Vs. Md. Ali Akkas and others, 2010, 39 CLC (AD)
....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. ......ictory but in sub-article 2, it has been stated in no uncertain terms that encashment of 'earn' leave shall be calculated as per the 'last basic pay'. 6. The High Court Division observed that the question of last basic pay' arises only at the time of superannuation and not before. Therefore, it ......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 ..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. ...... 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 raise the question of limitation at this stage is open to him though the plaint was accepted and the suit was ......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. ..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. ......the Civil Revision Case had been disposed of. It is alleged that the notice of the Rule issued in the Revision Case had never been served or even tendered upon him and as such there was absolutely no question of his refusal to accept the notice. It is further submitted that the plaintiff was quite u......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..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. ...... 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. ......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..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.......pe and no legitimate expectancy. The Bank acted within their fights in refusing to accept any; if not proved to have acted within their rights but acted unreasonably or unfairly or mala fide to which question we shall advert at the relevant portion of the judgment. 19. In the view we have taken a......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..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. ......spaper and he himself has written the above commentary. Before we proceed to consider the merit of the matter, it will be advisable if we recapitulate the incriminatory portion of the commentary in question as under: “হাইকোর্টের মাননীয় বিচারপতি ......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. ..Category: Criminal Law | Date: | Hits: 124
Sarwar Hossain Moni Vs. State and another, 2011, 40 CLC (AD)
....nd 8463 of 2010). Judgment SK Sinha J. - These Petitions for Leave to Appeal are directed from two separate judgments 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 w......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. ......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 ..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. ......say that it is void for the purpose of securing some further advantage. When the writ petitioner by executing an agreement assumed the liability, he is precluded from denying the same. 13. Now the question is whether the writ petitioner was liable to pay 10% down payment of long term loan of Taka...... (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..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. ......the suit property. Hence they instituted the instant suit. 3. The defendant No.1 Sree Provash Chandra Banik contested 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......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..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. ......rporation was a witness, the petitioner acquired a right and such a right cannot be defeated on the ground that the instruments of transfer of share were not duly stamped. He further submits that the question of approval of the Board of Directors and registration of his name in the register of share...... 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 ..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. ......) dated (Annexure 'J) 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......) 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..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.......of the Limitation Act applicable to section 30 of the Special Powers Act inasmuch as section 5 of the Limitation Act has not been expressly excluded by the Special Powers Act. In Vidayacharan no such question fell for consideration before the Supreme Court of India as is now argued by Mr. Elahi befo......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
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