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State Vs. Md. Shafiqul Islam alias Rafique and another, 1990, 19 CLC (AD)

....espondent No. 1 is directed to surrender to his hail bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ......respondent No.1 Shafiqul Islam alias Rafique in 1979. P.W.1 promised to give his son-in-law one bicycle and a two-in-one (tape recorder-cum-radio) in January, 1982; Respondent No.1 was at his home on leave in the month of March, 1982. After taking his wife home on 10th March, 1982, he assaulted her ..

Category: Criminal Law | Date: 12 Dec, 1990 | Hits: 104

Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)

....k is to avoid a clutter which cannot be used as a sorting device for ascertaining facts at the last court of the country. Ed. This Case is also Reported in:  43 DLR (AD) (1991) 144. ......hat- "a person officiating in a post has no right to hold it for all times. He may have been given the officiating post because the permanent incumbent was not available, having gone on leave or being away for some other reasons. When the permanent incumbent comes back, the person offi..

Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112

Tayeb Ali Vs. Abdul Khaleque and others, 1990, 19 CLC (AD)

....any time the present suit is not maintainable without a prayer for partition. Hence the appeal is dismissed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 87. ......any time the present suit is not maintainable without a prayer for partition. Hence the appeal is dismissed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 87. ..

Category: Property Law | Date: 27 Nov, 1990 | Hits: 47

The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)

....r life. They are directed to surrender to their bail bonds at once failing which the Deputy Commissioner will get them arrested. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 83. ...... (From the judgment and order dated 26.1.1986 passed by the High Court Division, Rangpur Bench, in Criminal Appeal No.285 of 1983). Judgment Shahabuddin Ahmed CJ.- This appeal by special leave calls in question an order of the High Court Division, in appeal, acquitting the two accused-r..

Category: Criminal Law | Date: 14 Nov, 1990 | Hits: 88

Narayan Chandra Sil Vs. Manhar Mandal, 1991, 20 CLC (AD)

....tly, the judgment of the High Court Division is liable to be set aside. In the result, the appeal is allowed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 152. ......tly, the judgment of the High Court Division is liable to be set aside. In the result, the appeal is allowed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 152. ..

Category: Property Law | Date: 11 Nov, 1990 | Hits: 50

Karimunnessa Begum Chowdhurani and others Vs. Niranjan Chowdhury and another, 1990, 19 CLC (AD)

....n, as allowed by the High Court Division, is found to have been rightly allowed. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ...... the judgment and order dated 1.4.84 passed by the High Court Division, Chittagong Bench, in Civil Revision No. 332 (R) of 1982). Judgment Shahabuddin Ahmed CJ.- In this appeal by special leave the question is whether the "doctrine” barring partial pre‑emption stands in the ..

Category: Property Law | Date: 1 Nov, 1990 | Hits: 40

Kazi Mobarak Ali Vs. Mohammad Yeasin Mazumder and others, 1990, 19 CLC (AD)

.... on a different ground, as stated above. In the result, the appeal is dismissed without, however, any cost. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 60.   ...... on a different ground, as stated above. In the result, the appeal is dismissed without, however, any cost. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 60.   ..

Category: Others | Date: 29 Aug, 1990 | Hits: 115

Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)

....learned Company Judge. In the result, therefore, the appeal is allowed without any order as to cost. The impugned judgment is set aside and the order of the learned Company Judge restored. Ed. ......o. 27 of 1990. (From the Judgment and Order dated 27 th February, 1990 passed by the High Court Division, Dhaka in Company Appeal No.17 of 1986). Judgment ATM Afzal J.- This appeal by leave, by the Agrani Bank is from judgment and order dated 27.2.1990 passed by a Division Bench of t..

Category: Business or Commercial Law | Date: 29 Aug, 1990 | Hits: 122

A Gafur alias Haji Abdul Gafur & others Vs. Jogesh Chandra Roy and another, 1990, 19 CLC (AD)

....ted that the accused be examined under s. 342 Cr.P.C. by the Trial Court and thereupon the case be disposed of according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 62. .......8.1985 passed by the High Court Division, Rangpur Bench in Criminal Revision No.151 of 1983 with Criminal Revision No.15 of 1984) Judgment Shahabuddin Ahmed CJ.- In this appeal by special leave the only question is whether the conviction of the appellants has been vitiated by non-examina..

Category: Criminal Law | Date: 27 Aug, 1990 | Hits: 76

Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)

....rder XLI rule 20 the matter perhaps would not have come to such a pass and the appeal could be spared a technical knockout. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 156. ...... dated 5th March, 1989 passed by the High Court Division, Dhaka in Appeal From Original Decree No.24 of 1985). Judgment  Latifur Rahman J.- The point involved in this appeal by special leave is, whether the provision of rule 4 of Order 41 of the Code of Civil Procedure can be applied ..

Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106

Wajear Rahman Moral (Md) Vs. The State, 1990, 19 CLC (AD)

....eal is dismissed with the modification of sentence, that is, the sentence of death is altered to that of imprisonment for life. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 25. ......t was suggested that PW 1 wanted to grab Swarup Moral's homestead, his first wife's mother's property, by getting Yasin incarcerated. 4. On 8.3.90 the appellant filed a petition for leave to appeal to this Court from Jail. Considering the appellant's contentions that the High C..

Category: Criminal Law | Date: 20 Aug, 1990 | Hits: 84

MD, Bangladesh Machine Tools Factory Ltd Vs. Chairman, 2nd Labour Court & anr, 1990, 19 CLC (AD)

....on. It was not a case of no evidence at all. The petition is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) 272 This Case is also Reported in: 44 DLR (AD) (1992) 272. ......Division discharged the rule in the said writ petition finding no ground for interference with the order of the Labour Court. 3. Mr. Khalilur Rahman, learned Advocate for the petitioner, seeking leave to appeal from the aforesaid order of the High Court Division, submitted that respondent No. 2..

Category: Labour and Industrial Law | Date: 16 Aug, 1990 | Hits: 168

Mahbubul Alam Chowdhury and others Vs. Chaman Ara Begum and others, 1991, 20 CLC (AD)

.... all the above reasons we do not find any merit in the appeal which is dismissed without however any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121 ......e defendant‑appellants and plaintiff‑respondents, are in fact partnership properties or personal properties of both, is the precise question that falls for determination in this appeal by special leave by the defendant-appellants from the judgment and decree of a Division Bench of the High Court..

Category: Civil Law | Date: 14 Aug, 1990 | Hits: 121

Nannu Gazi Vs. Awlad Hossain & others, 1990, 19 CLC (AD)

....t aside and it is directed that the case (GR Case No.1185 of the Court of Upazila Magistrate, Amtali) proceed according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 63. ......rom the judgment and order dated 3.11.1985 passed by the High Court Division, Barisal Bench, in Criminal Revision No.46 of 1985). Judgment Shahabuddin Ahmed CJ.- In this appeal by special leave the simple question for determination is whether a Magistrate can discharge the accused, witho..

Category: Criminal Law | Date: 14 Aug, 1990 | Hits: 60

Golam Kader Vs. Abdul Khaleque Choukder and others, 1990, 19 CLC (AD)

....uit No.7 of 1969 with the present suit, if they so desire. Consequently, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 106. ...... (From the Judgment and order dated 19.1.1984 passed by the High Court Division Comilla Bench, Comilla in Civil Revision No.329 of 1983). Judgment Latifur Rahman J.- This appeal by special leave at the instance of the added defendants is directed against the judgment and order passed by a..

Category: Civil Law | Date: 13 Aug, 1990 | Hits: 94

State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)

....nder section 201 is set aside. The respondents are directed to surrender forthwith and serve out the sentence imposed upon them. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 44. ......l No. 30 of 1986. (From the Judgment and Order dated 20.5.85 passed by the High Court Division, Barisal Bench in Criminal Appeal No.9 of 1982.) Judgment ATM Afzal J.- This appeal by leave at the instance of the State is from an order of acquittal passed in appeal by the High Court ..

Category: Criminal Law | Date: 9 Aug, 1990 | Hits: 50

Keramat Ali Bhuiyan Vs. Ramizuddin Ahmed Bhuiyan, 1990, 19 CLC (AD)

....earned advocate of the parties about the receiving back of the record and the next date fixed. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 58. ......s order has been upheld in revision by the High Court Division by the impugned order dated 5 March, 1987. 3. Mr. Shamsul Huq Chowdhury, learned Advocate for the defendant‑petitioners, seeking leave to appeal from the aforesaid order of the High Court Division, submitted that the learned Subo..

Category: Procedural Law | Date: 8 Aug, 1990 | Hits: 108

Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan (Md) & others, 1990, 19 CLC (AD)

.... In the result, all the appeals are allowed without, however, any cost, and the impugned order of the High Court Division is set aside. Ed. This Case is also Reported in: 43 DLR (AD) 154. ......Itself. The appointing authorities have has also the power to reinstate a terminated employee on the merit of his individual case. Lawyers Involved: Akhtar lmam, Advocate (appeared with the leave of the Court) instructed by Sharifuddin Chaklader, Advocate-on-Record- For the Appellants (In ..

Category: Employment/Service Law | Date: 8 Aug, 1990 | Hits: 101

Kazi Abdul Jalil Vs. Jashim Munshi and another, 1990, 19 CLC (AD)

.... The impugned order of the High Court Division is set aside and that of the Sessions Judge is restored. The appeal is allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ......(From the judgment and order dated 1.8.1984 passed by the High Court Division, Barisal Barisal0 Criminal Revision No.11 of 1984). Judgment Shahabuddin Ahmed CJ.- In this appeal by special leave the only question is whether the investigation, on the basis of which the police submitted cha..

Category: Criminal Law | Date: 6 Aug, 1990 | Hits: 50

Afruz Miah (Md) and another Vs. Alhaj Md. Siraj Miah, 1990, 19 CLC (AD)

.... present case, the same suffers from no illegality. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 89. ....... (From the judgment and order dated 29.8.1989 passed by the High Court Division, Sylhet Bench in Civil Revision No. 103 of 1985). Judgment Latifur Rahman J.- This appeal by special leave at the instance of the defendants is directed against the judgment of the High Court Division,..

Category: Procedural Law | Date: 5 Aug, 1990 | Hits: 91