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Managing Director, Rupali Bank Limited & others Vs. Chairman, First Labour Court & others, 1992, 21 CLC (HCD)

.... Chairman, First Labour Court & others…………………………Respondents Judgment January 12, 1992. Result: The Rule stands discharged. Lawyers Involved: Md. Jainul Abedin, Advocate‑For the Petitioners ......k vide copy of the Judgment dated 5.10.77. As against that decision the Bank filed the aforesaid writ petition. It was argued on behalf of the petitioner Bank that finding of the Labour Court was not proper inasmuch as it was not based on material on record, but this Court found that the decision of..

Category: Employment/Service Law | Date: 12 Jan, 1992 | Hits: 6

Paul and Co., Narayanganj Vs. Bangladesh Bank, represented by its Governor and others, 1991, 20 CLC (HCD)

.... Case is also Reported in: 45 DLR (HCD) (1993) 8.......mit to Taka 1 crore 75 lacs against a pledge of raw jute only for a period upto 31.3.96 and that at present most surprisingly and shockingly there is no pledge whatsoever of any raw jute or any other property and also in view of the fact that the cash credit limit had expired on 31.3.86 and conseque..

Category: Banking Law | Date: 27 Aug, 1991 | Hits: 180

Rahela Khatun Vs. Chairman, Court of Settle­ment, Bangladesh Abandon­ed Buildings, 1991, 20 CLC (HCD)

....ision (Special Original Jurisdiction) Present: Md. Abdul Jalil J Qazi Shafiuddin J Rahela Khatun.....................Petitioner Vs. Chairman, Court of Settle­ment, Bangladesh Abandon­ed Buildings, Segunbagicha, Ramna, Dhaka and others.................Respondents Judgment ......nation and that during liberation movement said Qumrul Hoque left Bangladesh with members of his family and did not return back and so the holding in question vested in the government as an abandoned property. 7. Mr. Mahfuzur Rahman, learned Advocate appearing for the petitioner, submits that the..

Category: Property Law | Date: 12 Mar, 1991 | Hits: 77

Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)

..... Rafiqueullah, 2. The State .........................Opposite‑Parties Judgment February 13, 1991. Result: The Rule is discharged. Cases Referred to- Sukhendra Chandra Das Vs. the Secretary, Ministry of Home Affairs, 42 DLR 79; Krishna Pada Datta Vs. Ministry of......ould not be set aside and why the victim girl Sumati Begum (petitioner) should not be given in custody of her husband or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts giving rise to the present Rule are as follows: One Rafique Ullah,..

Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157

Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)

....Hoque J Coal Controller..........................Appellant Vs. Ventura Industries Ltd…………………Respondent Judgment February 3, 4 and 5, 1991. Result: The Rule is also discharged. An arbitrator exercises a quasi jud......the learned Advocate has reference to the written argument filed in court today at the time of delivery of judgment and we have tried to refer all the points submitted in that written argument in its proper perspective. Lastly, it has been submitted by the learned advocate that even if the applicati..

Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5

Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)

....dul Jalil J Qazi Shafluddin J Mirza Ali Ashraf..................................Petitioner Vs. The State, represented by the Secretary, Ministry of Home Affairs, Government of Bangladesh and others ..........................Respondents. Judgment February 3, 1991. Cases Referred......ch was refuted by the Company. Thereafter the said Bank filed Miscellaneous Case No. 70 of 1980 under Article 33 of the Shilpa Bank Order, 1972 and obtained an order of ad‑interim attachment of the property, of the Company mortgaged against the loan under Article 33(3) of the Shilpa Bank Order. Th..

Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184

Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)

.... This Case is also Reported in: 46 DLR (HCD) (1994) 57. ...... 4. The learned Advocate for the petitioner assailed the judgment and decree of the lower appellate Court on several grounds. He submits first, that the judgment of the lower appellate Court is not a proper judgment of reversal inasmuch as the lower appellate Court in reversing the finding of posses..

Category: Property Law | Date: 30 Jan, 1991 | Hits: 2

Baneazuddin Ahmed and others Vs. The State, 1991, 20 CLC (AD)

....LR (AD) (1991) 123. ......l Procedure, 1898 (V of 1898), Section 498 Whether in view of the ad interim bail granted by the lower Appellate Court to move the High Court Division in revision, the High Court Division acted properly in refusing the prayer for bail and at the same time directing the appellants to surrender ..

Category: Criminal Law | Date: 15 Jan, 1991 | Hits: 42

Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)

....vil Jurisdiction) Present: Md. Mozammel Hoque J Md. Ismail Siddique.......................................................Petitioner Vs. M/s. Crescent Apparels (Private) Ltd. and others...............Respondents Judgment December 19, 1990. Result: The pra......the same manner with other shareholders of the company. They have been running the affairs of the company arbitrarily without consultation with the company's Board of Directors. The Company's properties are mortgaged to the respondent No. 15 for taking huge loan but the same has not been fil..

Category: Company Law | Date: 19 Dec, 1990 | Hits: 195

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

....al J Latifur Rahman J The State, represented by the Solicitor to the Government of the People's Republic of Bangladesh ......Appellant Vs. Md. Shafiqul Islam alias Rafique and another........................Respondents Judgment December 12, 1990. Result: ...... criminal cases section 106 of the Evidence Act is attracted in exceptional cases where a relevant fact is pre‑eminently within the knowledge of the accused. The rationale is simple. It is just and proper that the accused is to prove a fact that is especially within his knowledge because he could ..

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

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

.... be any promotion to the post of IPO without appearing successfully in the competitive examination of the Department. Any order of reversion after an incumbent's appointment' to a higher post and continuing there for some duration will surely cause a disappointment as he would no longer draw......ts fill permanent posts by employees subject to a condition of termination of employment by notice. The Government could fill the post in this manner if the Government was unable to get a person with proper qualifications and was filling the post as interim measure till it secured a person with prop..

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

Shambhu Nath Poddar Vs. Bangladesh Railway and others, 1990, 19 CLC (AD)

....habuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Shambhu Nath Poddar.....................Plaintiff-Appellant Vs. Bangladesh Railway and others....................... ..Defendant-Respondent Judgment November 19, 1990. ......to any negligence and misconduct of the Railway servant and its agent dealing with the said parcel and as such the Railway is not liable to pay for the loss. Defendants’ case is that, they took proper care in carrying the goods in transit as bailee and there being no gross negligence on the pa..

Category: Civil Law | Date: 19 Nov, 1990 | Hits: 107

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

....resent: Shahabuddin Ahmed CJ MH Rahman J Mustafa Kamal J Latifur Rahman J A Gafur alias Haji Abdul Gafur & others.................Appellants Vs. Jogesh Chandra Roy and another.............................Respondents Judgment August 27, 1990. ......1983 which was heard and disposed of by the Sessions Judge, Dinajpur, by an order dated 8 August 1983. The learned Sessions Judge found that the training of the charges against the appellants was not proper and that on conclusion of evidence led by the prosecution they were not examined under s. 342..

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

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

....n: 43 DLR (AD) (1991) 156. ......endency of the appeal necessary parties are brought on record. 11. There is a long line of decisions of this sub‑continent that rule 4 of Order 41 of the Code will apply provided the appeal is properly constituted. In the case of Shah Muhammad and others Vs. Muhammad Bakhsh reported in PLD 19..

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

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

....riminal) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J State................................... Appellant Vs. Abdus Sattar and others..........Accused-Respondents Judgment August 9, 1990. Result: The i......en able to prove its case beyond reasonable doubt. The High Court Division having discarded the said considerable direct evidence upon certain grounds which have been alleged to be not legitimate and proper, it was felt that the matter required looking into the evidence by this court in the interest..

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

Attor Mia and another Vs. Mst. Mahmuda Khaton Chowdhury and others, 1990, 19 CLC (AD)

....8. ......led by both the parties and the two Courts below arrived at conflicting findings, the High Court Division as the revisional Court has to see whether the Trial Court's finding had been reversed on proper consideration of evidence. When evidence on all material points are there on record, the revi..

Category: Property Law | Date: 22 Jul, 1990 | Hits: 43

Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)

....bt indicative of a mere tenant‑at‑will without any transferable or heritable interest, but the word cannot be limited to a mere tenant‑at‑will under all circumstances - the subsequent history and attendant circumstances are relevant facts to be taken into consideration in determining the cha......stern side and reside at the western side of the premises. He sold away the movables to P.W.6 Probhash Chandra Pal on 19.11.58 and left for India. The plaintiff-respondent took possession of the suit property after the gift on 6.3.61 and the said P.Ws.4 and 6 used to run the biscuit factory. The def..

Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115

Idris Ali Bhuiyan Vs. Enamul Haque and another, 1990, 19 CLC (AD)

....on (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Idris Ali Bhuiyan ...........................Petitioner Vs. Enamul Haque and another....................Respondents Judgment July 17, 1990. Result: The r......ed as void, delivered up and cancelled and declaring that the so‑called sale deed transferring to the defendant No. 1 2 annas 6 gondas 2 Karas and 2 karanti share of Syed Wazed Ali Azam in the suit property is not binding on the plaintiff. (b) For a decree declaring the title to the share of ..

Category: Property Law | Date: 17 Jul, 1990 | Hits: 30

Dr. Naimur Rahman and another Vs. Shahbazpur Tea Co. Ltd and another, 1991, 20 CLC (AD)

.... Ed. ......ust demand, or where the proceeding started is a clear abuse of the process of the Court, then the Court has got inherent jurisdiction to stay further proceedings till the dispute is adjudicated in a proper forum. The Court has also got inherent power to stay further proceeding "for ends of jus..

Category: Business or Commercial Law | Date: 19 Jun, 1990 | Hits: 124

Sher Ali Amir Ali Virjee Vs. Eastern Industries (Bangladesh) Ltd. and others, 1990, 19 CLC (HCD)

.... (Original Civil jurisdiction) Present: Md. Mozammel Hoque J Sher Ali Amir Ali Virjee.................................... Petitioner Vs. Eastern Industries (Bangladesh) Ltd. and others.......................Respondents Judgment June 17, 1990. Result: Th......Industries (Bangladesh) Ltd. and others.......................Respondents Judgment June 17, 1990. Result: The Application is allowed. No transfer can be registered without a proper instrument of transfer and share certificate and the company will be perfectly justified to r..

Category: Company Law | Date: 17 Jun, 1990 | Hits: 184