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Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)
....ays being born on 1st July, 1977 and she thus being under the age of 16 years and having been taken by accused Fakruhul Islam on 15.8.90 out of the custody of the father the offence of kidnapping was complete. The learned Advocate for the petitioner in support of his contention regarding minority of......s concerned in the case. In the result, the rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ..Category: Criminal Law | Date: | Hits: 80
Abu Hossain and others Vs. Registrar of Trade Union and others, 1992, 21 CLC (HCD)
....e bargaining or to strike either as part of collective bargaining or otherwise." 22. We are in respectful agreement with the observation of their Lordships of the Indian Supreme Court which are in complete accord with the view taken by us to the fact that the right guaranteed under Article 39 of ......d others............................Respondents Judgment November 11, 1992. Cases Referred To- AIR 1962 at page 171; AIR 1962 (SC) at page 263; Al Moududi case, 17 DLR (SC) page 209; Gaghubar Dayal Vs. Union of India, AIR 1962 (SC) page 263; Assalmuaalikum All India Bank Employees Associ..Category: Labour and Industrial Law | Date: | Hits: 204
Tripura Modern Bank Ltd. Vs. Sunil Kumar Rajgharia and others, 1990, 19 CLC (HCD)
....is Court by a subordinate Court. We cannot but express our utter frustration and helplessness in such matter. If the subordinate Courts go on nullifying orders of the Higher Courts then there will be complete indiscipline in the field of administration of justice and people's confidence in the judic......cellaneous Case No. 30 of 1971 under section 47 of the Code and the same was allowed on 16.1.75 holding that the claim of the decree holder before the High Court in the said Matter No. 31 of 1962 was barred by lime and as such the decree could not be executed though the judgment‑debtor did not pre..Category: Civil Law | Date: | Hits: 103
Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)
....tion to surrender would immediately attract the mischief of sub‑section (b) of section 7 and the liability to be so prosecuted and punished for the offences committed under section 7(a)(b) would be complete on such ,failure to surrender subject, however, to the right of the detenu to be heard in h...... for Anwar Hossain Monju and the learned Attorney‑General Mr. Aminul Huq along with M Shamsul Alam, the Deputy Attorney General opposing the same. A legion of Decisions had also been cited at the bar to which we shall advert at the relevant portion of the judgment after examination of the submis..Category: Criminal Law | Date: | Hits: 98
Tariq Habibullah Vs. State, 1990, 19 CLC (HCD)
....ously enough on the basis of the same report the same doctor Md. Nazrul Islam on a subsequent date opined that the cause of death is nurogenic shock due to head injury. The subsequent opinion being a complete deviation and departure from the earlier report speaks a volume about the inherent weakness......refore we hold that the post mortem report has been illegally admitted into evidence and hence must be excluded from our consideration while dealing with the prosecution case and the prosecution is debarred from using the same and taking any benefit out of it but at the same time relying on the deci..Category: Criminal Law | Date: | Hits: 116
Jamir Sheikh(Md.) Vs. Fakir Md. A Wahab & another, 1990, 19 CLC (HCD)
....of the opposite party no. 1 by way of refuting the submissions of the learned Advocate for the petitioner submits that the provision of section 196 of the Code of Criminal Procedure has not created a complete and absolute bar to the initiation and continuation or a criminal proceeding under section ......inal Revision No. 304 of 1989. Judgment Habibur Rahman Khan J. - At the instance of the accused‑petitioner Mohammed Jamir Sheikh this Rule was issued calling upon the Deputy. Commissioner, Rajbari as well as the opposite party No. 1 to show cause why the proceeding of CR Case No. 204 of 1989..Category: Criminal Law | Date: | Hits: 70
Motiul Hoque Vs. Dhaka Improvement Trust (RAJUK) & another, 1990, 19 CLC (HCD)
....plaintiff as lessee accompanied by delivery of possession of the suit land on the terms and conditions and warranties embodied in the deed. According to terms mentioned in the deed, the lessee was to complete the construction of the building on the demised property for the purpose of residence getti......lant Vs. Dhaka Improvement Trust (RAJUK) & another.........Respondents. Judgment March 14, 1990. Cases Referred to- Messers Chaina Fibre Company, Ltd. and 4 others Vs. Abdul Jabbar and 9 others, 20 DLR (SC) 335; Alauddin Vs. Md. Idris Mia, 22 DLR 664; Monomohen Ray Choudhary V..Category: Property Law | Date: | Hits: 87
Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ct as under; 1. The respondent No. 2 is directed to take immediate step for making provisions regarding absorption of the petitioners and others who belong to the BCS (Telecommunication) cadre and complete the process on or before 28.2.2011 without fail. 2. In view of the options given by the...... Board (Amendment) Ordinance, 2008 as well as Bangladesh Telegraph and Telephone Board (Amendment) Act, 2009. As such the rule may be discharged with cost. 18. It has been stated that there is no bar in law to convert the Board into company. The BTTB was converted into BTCL for the sake of publi..Category: Constitutional Law | Date: | Hits: 145
Moyezuddin Mondal Vs. Bena Rani Das & others, 1992, 21 CLC (HCD)
....the pleading of the plaintiff, nor will be any substitution of any cause of action as made out in the plaint. Hence the same ought to have been allowed by the learned Subordinate Judge for proper and complete adjudication of the suit. 8. Mr. Miah Abdul Gafur, the learned Advocate for the opposite......ff‑petitioner arises out of an application under section 115(1) of the Code of Civil Procedure and is directed against an order being No.34 dated 16.3.89 passed by the learned Subordinate Judge, Rajbari in Title Suit No.42 of 1988 rejecting the petitioner's prayers for admitting or receiving some ..Category: Procedural Law | Date: | Hits: 76
Mansur Ali (Md.) Vs. Janata Bank and others, 1990, 19 CLC (HCD)
....ing the, plaint cannot be treated as barred by any law. In the case of Azizun Nessa Khatun Vs. Abul Hossain Bhuiya and others reported in 9 DLR 559 it is held: "Whether the injury complained of is complete on a date, there is no continuing wrong even though the damage caused by that injury might ......n Pirzada, PLD (Karachi) 1969 P 349; Charles S Brown Vs. Albert Donugh Hanson, AIR 1933 (Bom) 185; Arts Council of Pakistan Vs. Reazuddin Pirzada, PLD 1969 (Kar) 349; Wahid Sadeque and others Vs. Majibar Rahman Chowdhury and others, 42 DLR 220; PLD 1962 (Kar) 349; Zafar Ahmed Vs. Abdul Khaleque, PLD..Category: Administrative Law | Date: | Hits: 189
Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)
....d from the recital of the sale deed dated 27.6.73 (Ext. 3) in favour or M/s. Hakim Humayun and Co that the vendor of the said deed, M/s. Vikrampur Jahangir Metal Works made construction of a partly incomplete one storied building in the suit Plot as per commercial building plan passed by the DIT. ......suit was liable to be dismissed and was not maintainable in the present from. 7. The following issues were framed in the suit: 1. Is the suit maintainable in its present form? 2. Is the suit barred by limitation? 3. Is the alleged contract between the plaintiff and defendant No. 1 correc..Category: Civil Law | Date: | Hits: 92
Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)
....le for them. There is nothing on record in support of these statements. These allegations are also too vague and lack in any particulars. 22. It is the established principle of law that truth is a complete defence to a civil action for libel. On a careful consideration of the entire evidence on r......,000.00 (Tk. five thousand) only as damages. In the result, the appeal is allowed. Since there is no appearance we do not award any costs. Ed. This Case is also Reported in: 43 DLR (1991) 314...Category: Civil Law | Date: | Hits: 89
....d to sell the Ferdous Tannery along with all the aforesaid five properties.
20. Mr. Mahabub further submits that the tender was accepted by the plaintiff on 31.1.78. Since offer and acceptance was complete on 31.1.78, the agreement is complete and the last agreement i.e. Ext. C should not be reli......formance of contract is dismissed.
There will, however, be no order as to costs. Let the lower Court's records be sent down immediately.
Ed.
This Case is also Reported in: 43 DLR (1991) 256.
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Category: Property Law | Date: | Hits: 73
Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
.... 23.10.86 his son told him in the night that accused Abdul Bari with some constables took away Arun from his house. He has stated in his deposition that he found Arun in the evening on that date in a complete sound health. This is the first ring of the circumstantial evidence that the prosecution ha......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
Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)
....ent of private rights or redress of wrongs. It is only to ensure that public interest is protected, that rival claims are considered, not for their own sake, nor in their own right." 29. We are in complete agreement with the view of the Kerala High Court which is in complete accord with the view ......n in the tender as they have installed and supplied 1600 tons being 4 chillers of 400 TR for Security Printing Press project in Gazipur along with a foreign associate, the open tender notice does not bar them to bid again in this connection and to substantiate this they have annexed Annexures ‘Y..Category: Others | Date: | Hits: 123
Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....restriction cannot be considered to be reasonable where such restriction prevents the discloser of unconstitutional practices and abuses of the Constitution. Article 39 of the Constitution guarantees complete freedom of speech and expression but it also makes an exception in respect of contempt of C......ng the integrity, ability or fairness of the Judge or to deter actual and prospective litigants from placing complete reliance upon the court's administration of Justice or if it is likely to cause embarrassment in the mind of the Judge himself in the discharge of his judicial duties. 15. In C...Category: Criminal Law | Date: | Hits: 124
Shoaib (Md.) Vs. Uttara Bank Ltd. and another, 1990, 19 CLC (HCD)
....same were placed before it for verification of the signature of the transferor. The petitioner by his letter dated 1.4.84 (vide Annexure D) requested the respondent Bank to make necessary formalities complete in the register book to enable him to further purchase the shares. It was further stated th......ments made by the petitioner. On this count this Court should not exercise its discretion. There might be some discrepancies in the statements of the petitioner in the application but that will not debar the petitioner from enjoying his right over the property which he has legally acquired. Moreover..Category: Company Law | Date: | Hits: 175
Abdul Kader (Md.) Vs. Md. Abdul Rafi Prodhan and other, 1989, 18 CLC (HCD)
....eposit‑Deposits in connection with election. “বিভাগীয় ও বিচার বিভাগীয় জমা” Obviously, the petitioner of the election petition has not mentioned the complete head of account in the manner stated in rule 12(5). But nobody can possibly misunderstand t......June 20, 1989. Cases Referred to- K Kemaraja Nadar Vs. Khunju Thevar and others, AIR 1958 (SC) 687=1959 SCR 583; Murarka Radhey Shyam Ram Kumar Vs. Roop Singh Rathore, 1964‑3 SCR 573; Ch. Subbarao Vs. Member, Election Tribunal, Hyderabad (1964) 6 SCR 213. Virjiram Sutaria Vs. Nathalal Premj..Category: Election Law | Date: | Hits: 130
Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....o. 16 of 1972. In this connection, Rules 4 and 5 of Bangladesh Abandoned Property (Buildings in the Urban Areas), Rules 1972 which were framed in pursuance of the Presidents Order No. 16 of 1972 is a complete answer to the contentions of Mr. M H Khondker. Rule 4 of these Rules provides that an appli......ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ..Category: Property Law | Date: | Hits: 78
Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)
....n to have been in Dhaka and that the evidence of P.W. 1 in Money Suit No.2 of 2005 has some time ago been recorded by the Court of Joint District Judge, 1st Court, Moulvibazar for doing effective and complete justice, the earlier suit should not be transferred from Moulvibazar to Dhaka and as such t......l Construction Co. and others, AIR 1979 SC 1514; Saroj Vs. Girija, AIR 1926 Cal 326; Purna Chandra Vs. Samantha, AIR 1953 Ori 46. Lawyers Involved: Mansur Habib, Advocate, instructed by Md. Mazibar Rahman, Advocate-On-Record- For the Petitioner. Not Represented- the Respondents. Civil P..Category: Civil Law | Date: | Hits: 113
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