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Adam Ali Bepari Vs. Abdur Rahman Dewan & others, 1991, 20 CLC (HCD)

....I do not find any reason to interfere with the judgment and order impugned. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 510. ......r. NK Shaha, Advocate ‑ For the Opposite. Civil Revision No. 338 of 1981 Judgment AM Mahmudur Rahman J. - This Rule is obtained by the pre‑emptor ­petitioner against the judgment and order of reversal passed by the learned Subordinate Judge on appeal dismissing the pre‑emption cas..

Category: Property Law | Date: | Hits: 95

Abdul Majid Vs. Akhil Chandra Sengupta and others, 1991, 20 CLC (HCD)

....s correct. For the aforesaid reasons the judgment cannot be sustained. In the result, the Rule is made absolute. No order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 506. ......tioner. SC Das, Advocate ‑ For the Opposite Party. Civil Revision No. 1 of 1987. Judgment AM Mahmudur Rahman J. - By this Rule pre‑emptor petitioner calls in question the judgment and order of affirmance dated 17.9.86 of the learned Subordinate Judge, Netrakona made in Miscellaneous ..

Category: Property Law | Date: | Hits: 97

Farzana Huq Vs. Bangladesh, 1990, 19 CLC (HCD)

....ses Referred to- Golam Hossain alias Gama Vs. Commissioner of Police, Calcutta and others, AIR 1974 (SC) 1336; Ship Ratan Makin; Vs. Union of India, AIR 1986 (SC) 610; Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 40 DLR (AD) 178; Government of East Pakistan Vs. Rowshan Bijaya......0. Judgment Bimalendu Bikash Roy Chowdhury J. - In this Rule under Article 102(2)(b)(i) of the Constitution of the People's Republic of Bangladesh, the petitioner, Farzana Huq has sought for an order for release of her husband, Sanaul Haq Niru, son of Shamsuddin Ahmed of village Kirtibusdi, PS..

Category: Constitutional Law | Date: | Hits: 287

Ahmed Kabir Vs. Haji Mazahar Ahmed and others, 1990, 19 CLC (HCD)

....ion of the suit after giving sufficient opportunity to both the parties. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 500. ......short but an important question of law is mooted. The question is whether the Court below committed an error of law in the decision resulting the failure of justice in disallowing revision against an order of the trial Court refusing to modify valuation of a suit as contemplated under section 8(c) o..

Category: Procedural Law | Date: | Hits: 83

Mozammel Haque Vs. Uttara Bank, 1990, 19 CLC (HCD)

....t relates to the ground of re‑calling the order dated 28.8.84. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 498. ......of 1984. Judgment Mohammad Ismailuddin Sarker J. - This Rule, at the instance of the defendant‑petitioner was issued calling upon the plaintiff‑opposite party to show cause why the impugned order Nos. 18 and 20 dated 28.8.84 and 2.9.84 respectively passed by the Commercial Court No. 1 in T..

Category: Property Law | Date: | Hits: 90

Nehal Uddin (Md.) and others Vs. Amena Khatun and others, 1990, 19 CLC (HCD)

....e. In the facts and circumstances of the case there will be no order as to costs. Let the lower Courts records be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 492.......part. The impugned judgment and the decree of the lower appellate Court are partly set aside and modified with the observation as above. In the facts and circumstances of the case there will be no order as to costs. Let the lower Courts records be sent down expeditiously. Ed. This Case is al..

Category: Property Law | Date: | Hits: 71

Investment Corporation of Bangladesh Vs. Bata Shoe Company (Bangladesh) Ltd., 1990, 19 CLC (HCD)

....herewith. 3. In 1985, the respondent‑company issued a prospectus to the public at large for the public issue of its 14,25,000 ordinary shares of Tk. 10.00 each after obtaining the consent of the Government of Bangladesh under order dated 27.5.85 under the Capital Issues (Continuance of Control)...... Petitioner. Sk. Abul Hossain, Advocate-For the Respondent. Matter No. 48 of 1988 Judgment Md. Mozammel Hoque J. -This is an application under section 38 of the Companies Act, 1913 for an order directing the respondent‑company for the rectification of the Share Register of the Members ..

Category: Company Law | Date: | Hits: 208

Delta Jute Mills Limited and another Vs. Sonali Bank and others, 1990, 19 CLC (HCD)

....sented by the petitioners that the Promoters Agreement set down the basis of the association for the arrangements for financing the establishment of the jute mill from the funds made available by the Government of the United Kingdom (hereinafter called UK Credit) through the then Government of Pakis...... the plaintiff. During the pendency of the said suit respondents No, 2 having taken steps for its winding up, the petitioner company filed an application for temporary injunction and the Court, by an order dated 28.6.86, directed the parties to maintain status quo till the hearing of the application..

Category: Company Law | Date: | Hits: 213

Gulshan Ara Begum Vs. Moazzem Hossain Chowdhury and others, 1990, 19 CLC (HCD)

....h law as expeditiously as possible after giving due notices to the parties concerned Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 481. ......sion No. 370 of 1989. Judgment Md. Mozammel Hoque J. - In this Rule issued under section 115 of the Code of Civil Procedure, opposite party Nos. 1 and 2 are directed to show cause as to why the order No. 78 dated 9.3.89 passed by the learned Subordinate Judge, 1st Court, Dhaka in Miscellaneous..

Category: Procedural Law | Date: | Hits: 68

Mir Amir Ali Vs. State, 1991, 20 CLC (HCD)

....lementary affidavit having been sworn on 15.8.1991 was filed on behalf of the accused petitioner with the averment that a total sum of Tk. 1,33,68,700.00 which was taken as advance by the teachers of Government Primary Schools of Gobindaganj Upazila from their respective Provident Fund Account were .......86 and in this manner the District Anti‑Corruption Bureau took permission on several occasions under section 167(6) CrPC. All such permissions were taken and given after the expiry of the previous order. Further permission for investigation was again sought for after the expiry of 60 days from 15..

Category: Criminal Law | Date: | Hits: 104

A M A Wajedul Islam Vs. State, 1993, 22 CLC (HCD)

....ion No.329 (R) 1993 is accordingly disposed of and the connected Rule being Criminal Revision No.3521(R)/1991 for bail is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 243. ......e of imprisonment for life is too harsh and imposition of fine with imprisonment for life is illegal. 6. Mr. SB Barua, learned Advocate appearing for the State, in reply submitted that the illegal order of the superior cannot save the appellant from the charge of breach of trust and pointed out s..

Category: Criminal Law | Date: | Hits: 91

Aminuzzaman (Md.) Vs. People's Republic of Bangladesh, 1993, 22 CLC (HCD)

.... of an order dated 29.1.93 passed by the District Magistrate, Dhaka under section 3(2) of the Special Powers Act, 1974 detaining him for 30 days. 2. The said order of detention was approved by the Government by an order dated 10.2.93 and the period of detention was extended for 3 months with effe...... J.- This rule calls in question the detention of detenu Mohammad Nuruzzaman alias Munna who is now being detained in custody in Dhaka Central Jail. The detenu was put in detention in pursuance of an order dated 29.1.93 passed by the District Magistrate, Dhaka under section 3(2) of the Special Power..

Category: Criminal Law | Date: | Hits: 85

Sk. Shahadat Ali and others Vs. Deputy Commissioner, Khulna and others, 1992, 21 CLC (HCD)

....sitioned and acquired in Case Nos. 3/1951‑52(5), 4/1949‑50 and 62/1949­50 of the Office of the Collector, Khulna. Since then the petitioners and others had been paying rent regularly to the then Government of East Pakistan and thereafter to the Government of Bangladesh. The petitioners and othe......the Government preferred Second Appeal before a Single Bench of the High Court Division, being Second Appeal No.395 of 1969 which was also dismissed for default on 27.3.75. Copies of the judgment and orders passed by the 1st Munsif, Khulna, the Additional District Judge, Khulna and the High Court ar..

Category: Property Law | Date: | Hits: 138

Government of Bangladesh and others Vs. Abul Hashem Khan, 2009, 38 CLC (AD)

....also Reported in: VIII ADC (2011) 271.   ......Record-For or the Appellants. Abdur Rob Chowdhury, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondent. Civil Appeal No.150 of 2002. (From the judgment and order dated the 27th day of April, 2000 passed by the Administrative Appellate Tribunal in Anneal No..

Category: Administrative Law | Date: | Hits: 160

Virginia Tobacco Co. Ltd. and others Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)

....tor Corporation. The petitioner 2, the original owner, was appointed sole Administrator in 1978 who in order to get back the ownership of the industry created artificial financial problem so that the Government is compelled to return the ownership to him. Although there was no financial problem and ......ondents. Writ Petition No.527 of 1986. Judgment A M Mahmudur Rahman J.- The petitioners by this Rule Nisi issued under Article 102 of the Constitution ask us to declare that the judgment and order passed by the Respondent 1, Labour Court, Rajshahi on August 31, 1985 in IRO Case No.6 of 1985..

Category: Labour and Industrial Law | Date: | Hits: 129

Mustafizur Rahman Vs. State and others, 1992, 21 CLC (HCD)

....Articles of Association and the procedure laid down in the said letter shall be followed by the said company: "A. Provisions to be incorporated in the Memorandum and Articles of Association: i) Government will hold shares to the extent of 5% of the total paid up capital of Tk. 10 crores and sh......that when the Chairman and Managing Director of BCI Limited Mr. Mustafizur Rahman (accused-­petitioner) was contacted, he acknowledged the liquidity crisis of his company. The Bangladesh Bank by its order dated 28.4.92 suspended the activities of the BCI Limited. It is interesting to note that alth..

Category: Criminal Law | Date: | Hits: 125

Bangladesh Vs. Md. Ishaque being dead his heirs Lakhaxmi Bibi and others, 1992, 21 CLC (HCD)

....ad his heirs Lakhaxmi Bibi and others....................Respondent Judgment October 29, 1992. Cases Referred To- Ishaque Vs. Bangladesh, 43 DLR (AD) 28; Abdul Gafur Khan and another Vs. Government of Bangladesh & ors., 42 DLR (AD) 99; Pearlman Vs. Keepers and Governors of Harrow Sc......dispute that the land had been fully utilized by Appellant Bangladesh even before the publication of acquisition of the land in question in the official Gazette. Though the land was fully utilized no order of acquisition of the same was finally made and as such the respondent was compelled to move a..

Category: Property Law | Date: | Hits: 76

Abdul Matin Sarker Vs. Election Commission and others, 1993, 22 CLC (HCD)

....er as prayed for in Court after being certified by the Registrar of this Court by today as the election is due on 30th of this month. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 220. ......espondent No.4 and other candidates for the purpose of the election. 0n 6.1.93 was the date for scrutiny. The respondent No.3, wrote a letter dated 6.1.93 to the House Building Finance Corporation in order to ascertain whether respondent No.4 is a defaulter within the meaning of sec.10(2)(g) of the ..

Category: Election Law | Date: | Hits: 126

Surat Ali (Md) Vs. Administrator of Waqfs and others, 1991, 20 CLC (HCD)

....en passed without any lawful authority and are of no legal effect. In the result, the rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 218. ...... Writ Petition No.396 of 1985. Judgment AM Mahmudur Rahman J.- By this Rule Nishi issued under Article 102 of our Constitution the respondents have been called upon to show cause as to why the orders dated 14.8.85 passed by the respondent No.1 declaring the Baitul Aman Mosque “a waqf by use..

Category: Trust/Waqf Law | Date: | Hits: 183

Shahabuddin Vs. Abdul Gani Bhuiyan, 1989, 18 CLC (HCD)

....elates to sale of the salt and molasses and that of the learned Magistrate is restored. In the result, this Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 217. ......zur Rahman, Advocate ‑ For the Peti­tioner. Not represented ‑ the Opposite Party. Criminal Revision No. 425 of 1987. Judgment AM Mahmudur Rahman J.- This rule is directed against the order dated 23.8.87 passed by the Sessions Judge, Narayanganj in Criminal Revision Case 83 of 1987 s..

Category: Criminal Law | Date: | Hits: 64