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Dilip @ Siddiqur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....ants are affirmed. The appellants 3‑9 who are on bail are directed to surrender to their bail bond to serve out their remaining sentence. Ed. This Case is also Reported in: 43 DLR (1991) 269. ......‑Rahman Khan J. - The 9 accused‑appellants have jointly preferred this appeal against the order of conviction and sentence passed against them by Sessions Judge, Mymensingh. 2. The prosecution case as was stated by the informant PW 1 Abdul Latif is as follows: On 20.11.86 the informant alo..Category: Criminal Law | Date: | Hits: 61
State Vs.Joynal Abedin and another, 1990, 19 CLC (HCD)
....are of the opinion that no case for contempt is made out against any of the contemners in this case. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 261. ......t, it appears that the contemners are asked to show cause on the basis of the alleged contemptuous statements made by them in the four applications filed for transfer filed in the above miscellaneous cases. 3. It may be pointed out that contemner No. 2 was not a party to the applications under se..Category: Criminal Law | Date: | Hits: 64
Category: Property Law | Date: | Hits: 73
Mosharraf Hossain Mia Vs. Mosammat Hasina Begum and others, 1990, 19 CLC (HCD)
....mpugned order of the learned Subordinate Judge is set aside. The learned Subordinate Judge should dispose of the suit as early as possible. Ed. This Case is also Reported in: 43 DLR (1991) 254. ...... section 115 of the Code of Civil Procedure is directed against the order dated 20.2.89 passed by Mr. Mominullah, Subordinate Judge, Bhola in Title Suit No. 7 of 1985. 2. The relevant facts of the case are that the opposite parties filed the above suit for declaration that the five kabalas execut..Category: Property Law | Date: | Hits: 85
State Vs. Kalu Bepari, 1990, 19 CLC (HCD)
....nviction of the condemned prisoner under section 302 of the Penal Code is upheld but the sentence of death is altered to life imprisonment. Ed. This Case is also Reported in: 43 DLR (1991) 249. ...... and PW 8, while the defence examined none. The defence was a plea of innocence. The learned Sessions Judge upon consideration of the evidence found that the prosecution had been able to prove its case beyond all reasonable doubt and accordingly convicted and sentenced the condemned prisoner as a..Category: Criminal Law | Date: | Hits: 81
Shamsul Haque (Md.) Vs. The State, 1990, 19 CLC (HCD)
....is, therefore, summarily rejected and consequently the petition of appeal in connection therewith is also rejected as barred by limitation. Ed. This Case is also Reported in: 43 DLR (1991) 247. ......tion of delay in filing the said appeal is maintainable in view of section 29(2) of the Limitation Act. This point has been elaborately discussed and decided by a Division Bench of this Court. In the case of Elahi Bux vs. The State reported in 39 DLR at page 164, it has been held differing with a Si..Category: Criminal Law | Date: | Hits: 70
Idris and others Vs. The State, 1990, 19 CLC (HCD)
....titioner No. 1. The accused petitioners are directed to surrender to their bail bonds and to serve the remaining period of their sentence. Ed. This Case is also Reported in: 43 DLR (1991) 245.......and sentence passed by the Assistant Sessions Judge, Munshiganj in Criminal Appeal No. 17 of 1987 confirming the order of conviction and sentence passed by Upazila Magistrate, Tangibari Upazi1a in GR case No. 59 of 1986 convicting the accused petitioners under section 379 of the Penal Code and sente..Category: Criminal Law | Date: | Hits: 66
Marida Begum and others Vs. Moulavi Md. Hasan and others, 1989, 18 CLC (HCD)
..... The plaints of Title Suit Nos. 86 of 1973 and 94 of 1973 be rejected. The Rules are accordingly made absolute. I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 242.......he Certificate Officer, Chittagong, the Additional Deputy Commissioner (Rev.) Chittagong and the then Board of Revenue, East Pakistan setting aside the auction sales in pursuance of three certificate cases were void, illegal and without jurisdiction. The other prayer of the plaintiffs was for declar..Category: Civil Law | Date: | Hits: 79
Bangladesh Road Transport Corporation Vs. M/s. Ashraf Jute Mills Ltd., 1990, 19 CLC (HCD)
....roperties both movable and immovable of the above company to this Court within two months from the date of receipt of a copy of this order. Ed. This Case is also Reported in: 43 DLR (1991) 240. ...... Huq further submits that according to the Oxford English Dictionary, Vol‑11, creditor means one who gives credit for money or goods, one to whom debt is owing. Learned Advocate has referred to the case of Goal Bros. & Co. Vs. Yashodan Chit Fund Limited, 50 Company Cases, 708. In that case, an..Category: Company Law | Date: | Hits: 165
Serajul Islam Vs. The Director General of Food, 1990, 19 CLC (HCD)
....In the result, on the grounds stated above the application of the petitioner is summarily rejected. The prayer for certificate is refused. Ed. This Case is also Reported in: 43 DLR (1991) 237.......সা/তদন্ত ও মামলা/13/90 dated 10.1.90, Annexure‑H should not be declared to have been made without any lawful authority and of no legal effect. 2. The short facts of the case are, that the Regional Controller of Food, Chittagong by his Memo No. 318(5) dated 1.2.87 Annex..Category: Administrative Law | Date: | Hits: 175
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. ......‑ For the Opposite Parties. Criminal Revision Nos. 220 & 239 of 1988. Judgment AKM Sadeque J. -These two rules under section 439 of the Code of Criminal Procedure arise out of the same case and are interlinked. So they are disposed of under this judgment. 2. The Rule arising out of..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.......directed against the judgment and order of conviction and sentence passed by Mr. Md. Golam, Maola, Special Tribunal Judge, Moulvibazar in Special Powers Act Case No. 43 of 1988. 2. The prosecution case as given in the FIR lodged by the informant Lailunnessa (PW 1) against the three accused person..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.......erly under section 19 of the Local Government (Upazila Parishad and Upazila Administration Re‑organisation) Ordinance, 1982 can set right the illegalities committed by the Returning Officer. In the case of AFM Shah Alam Vs. Mujibul Huq and others, 1989 BLD (AD) 78=41 DLR (AD) 68 it has merely been..Category: Election Law | Date: | Hits: 112
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.......t and order dated 10.1.87 passed by the learned Subordinate Judge, Faridpur in Title Suit No. 35 of 1986 should not be set aside. 2. Plaintiffs are the petitioners in this application. It is their case that they filed a suit being title Suit No. 35 of 1986 in the Court of the learned Subordinate ..Category: Property Law | Date: | Hits: 59
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.......lously or even mechanically. Its purpose is to put the judge on right track so that he acts judicially. It enables the High Court to Judge whether Court of 1st appeal had independently considered the case with a consciousness of relevant points which arose for adjudication. It also affords opportuni..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. ....... Mr. Salauddin Ahmed, the learned Advocate for the petitioner, attacked the impugned letter of intent awarding the contract to the respondent No. 4 on several grounds. Relying on the decision in the case of Sharping Natsajibi Samabaya Samity, 39 DLR (AD) 85, his first ground is that Petrobangla kin..Category: Others | Date: | Hits: 131
Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....artial 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 prejudge a case and to convict the accused. This is the root of the whole matter in these sorts of cases and it needs to appear to be so both to the accused......n 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 affirmed but he did not do so. 2. Facts leadin..Category: Criminal Law | Date: | Hits: 73
Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
....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. ...... convicting all the accused‑appellants under sections 304, Part 11/34 of the Penal Code and also to pay a fine of Tk. 5,000/‑ each, in default to suffer rigorous imprisonment for one year more. A case being UD Case No. 10 of 1986 was Started on the death of one Shafiqul Islam alias Arun who was ..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. ......on No .2455 of 2009) Judgment August 1st, 2010. Lawyers Involved: Md. Abdus Samad, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. (In both the cases) Mahmudul Islam, Senior Advocate instructed by Mrs. Mahmuda Begum, Advocate-on-Record- For ..Category: Employment/Service Law | Date: | Hits: 90