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

....rd-For the Respondent No. 1. Ex parte - Respondent Nos. 2 & 3. Civil Appeal No. 47 of 1986. (From the judgment and order dated 30th July, 1985 passed by the High Court Division, Dhaka Bench, in Civil Revision No.1247 of 1982). Judgment Latifur Rahman J.- This appeal......tly, the judgment of the High Court Division is set aside and the suit is decreed. The appeal is allowed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 82.   ..

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

Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)

.... Mainur Reza Chowdhury J Farida Aziz....................Petitioner. Vs. Government of Bangladesh, represented by the Secretary, Ministry of Works and Urban Development, Secretariat Building, Dhaka and another..................Respondents Judgment November 5, 1990. Cases Referred to......ment have been made and/or passed without any lawful authority and are of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 12...

Category: Property Law | Date: 5 Nov, 1990 | Hits: 95

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

....cted by Md. Ataul Haque Advocate-on-Record-For the Respondent No. 3. Civil Appeal No. 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 th......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. ..

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

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

....rt, West Pakistan and another, PLD 1964 (SC) 559; Iman Ali Halsana and others Vs. Furkun Ali Mondal and others, PLD 1960 (Dacca) 3 = 11 DLR 347; Hupen Majhi Vs. Munshi A Khair 32 DLR (AD) 96; 17 DLR, Dhaka 643; Mohendra Nath Vs. Susila; 12 DLR 745 and 16 DLR (SC) 386. Lawyers Involved: Md.......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. ..

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

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

....n, Advocate-on-Record- For the Respondent. Civil Petition for Special Leave to Appeal No.125 of 1987. (From the Judgment and Order dated 8th August, 1990 passed by the High Court Division Dhaka in Civil Revision No. 622 of 1984). Judgment ATM Afzal J.- The respondent filed Ti......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. ..

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

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

....e appeals). Not represented - Respondent Nos.2-3 (In all the appeals). Civil Appeal Nos.33 to 39 of 1990. (From the judgment and order dated 13.11.89 passed by the High Court Division, Dhaka, in Writ Petition Nos.167, 168, 169, 170, 219, 220 and 221 of 1987). Judgment Shahab...... 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. ..

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

Abdul Hai Sikder and another Vs. State, 1990, 19 CLC (AD)

....ructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Respondent (State). Criminal Appeal No.19 of 1988. (From the judgment and order dated 29.6.66 passed by the High Court Division, Dhaka in Criminal Appeal No.47 of 1985). Judgment Mustafa Kamal J.- This appeal by speci...... fullness and completeness are enough to justify the conviction. We find no merit in this appeal. Hence the appeal is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) 95. ..

Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 91

Abdur Rahman Mondal and others Vs. State, 1990, 19 CLC (AD)

....y‑General, instructed by AW Mallik, Advocate-on-Record - For the Respondent. Criminal Appeal No. 11 of 1990 (From the Judgment and order dated 21.1.90 passed by the High Court Division, Dhaka in Criminal Revision No. 83 of 1990). Judgment Mustafa Kamal J.- The justification......ellate Court for re‑hearing and disposal on the basis of the existing evidence on record in accordance with law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17.   ..

Category: Criminal Law | Date: 23 Jul, 1990 | Hits: 52

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

....ts material for answering the point raised in these two review petitions are as follows: 2. The petitioner as plaintiff instituted Title Suit No. 589 of 1983 in the 1st Court of Assistant Judge, Dhaka impleading the respondents as the defendants, inter alia, (a) For a decree declaring that......d that can at times also be exercised to do full and effective justice in a case. Hence, the review petitions are dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 12. ..

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

Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)

....ate. Criminal Revision No.28 of 1986. Judgment Habibur Rahman Khan J.- This Rule was issued at the instance of one Dr. Abdul Baten (since deceased) calling upon the Deputy Commissioner Dhaka and the opposite party No. 2 to show cause as to why the judgment and order dated 21.12.85 pas...... by the learned Additional Sessions Judge in Revision Case No.381 of 1985 is hereby quashed. Send down the records expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 60. ..

Category: Criminal Law | Date: 27 Jun, 1990 | Hits: 110

Abdur Rouf Miah Vs. Fazlur Rahman and others, 1990, 19 CLC (AD)

....pondent No. 1 Not represented-Respondent Nos. 2-11. Civil Petition for Leave to Appeal No. 152 of 1990. (From the judgment and order dated 24.5.90 passed by the High Court Division, Dhaka, in Writ Petition No. 894 of 1990). Judgment Shahabuddin Ahmed CJ.- Petitioner, a ......n a fair and honest manner. But he is also subject to the Election Rules. Subject to this observation the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 23. ..

Category: Election Law | Date: 27 Jun, 1990 | Hits: 139

Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)

....No.13 of 1990) Md. Ishaque……………….....................Appellant Vs. The Government of Bangladesh represented by the Land Acquisition Collector, Dhaka….. Respondent (In Civil Appeal No.14 of 1990) Abdur Rob………&he...... this Court after adjudication by the Courts below. With these words I concur with the decision given by my learned brother. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 28. ..

Category: Limitation Law | Date: 25 Jun, 1990 | Hits: 176

AKM Hedayetul Islam Vs. Executive Vice Chairman, Bangladesh Agricultural Re­search Council and another, 1990, 19 CLC (HCD)

....This revisional application under section 115 of the Code of Civil Procedure is directed against the judgment and decree dated 15.4.85 passed by Mr. Siddiqur Rahman Mia, Subordinate Judge, 4th Court, Dhaka in Title Appeal No.382 of 1983 allowing the appeal reversing the judgment and decree dated 27.......reby set aside and those of the learned Munsif are restored although not on the same grounds. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 44. ..

Category: Employment/Service Law | Date: 20 Jun, 1990 | Hits: 74

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

....din Ahmed, Advocate-on- Record-For the Respondents. (In both the appeals) Civil Appeal Nos.58 and 59 of 1984. (From the Judgment and order dated 21.4.1983 passed by the High Court Division, Dhaka in Matter Nos. 27 and 28 of 1982). Judgment Latifur Rahman J.- These two appeals by ......erve any useful purpose. 12. In the result, these appeals are dismissed with the observation made above. In the facts and circumstances of the case there will be no order as to costs. Ed. ..

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)

.... operation the respondent No.2, Managing Director of the company, left Bangladesh for Canada on 21st March, 1986. The petitioner with mala fide intention brought his ailing father, respondent No.3 to Dhaka on 22nd March, 1986, Thereafter the petitioner Mr. Sherali Amir Ali Virjee, who is a notorious......o order as to costs. Mr. Tofailur Rahman has prayed for stay of the operation of the judgment for 6 weeks. The prayer is refused. Ed. This Case is also Reported in: 43 DLR (1991) 54. ..

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

Shahabullah (Md) Vs. The State, 1990, 19 CLC (AD)

....al, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Respondent. Criminal Appeal No. 23 of 1989. (From the judgment and order dated 14.12.88 passed by the High Court Division, Dhaka in Criminal Appeal No. 145 of 1982). Judgment MH Rahman J.- This appeal by special l......o interfere in the matter. The appeal is dismissed. Let the appellant surrender to his bail bond and serve out his sentence. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 1. ..

Category: Anti-Corruption Laws | Date: 13 Jun, 1990 | Hits: 119

Atiqur Rahman Vs. AKM Fazlul Hoque, 1990, 19 CLC (HCD)

....nal Procedure challenges the legality of the proceedings in Petition Case No. 299a of 1981 under section 156 (1) 14 of the Customs Act, 1969 pending in the court of the Chief Metropolitan Magistrate, Dhaka. 2. The facts relevant for disposal of the Rule may briefly be stated as follows: 3.......ni. In the result, the Rule is discharged and stay granted by this Court earlier is vacated. Sent down the records at once. Ed. This Case is also Reported in: 43 DLR (1991) 49. ..

Category: Fiscal/Taxation Law | Date: 11 Jun, 1990 | Hits: 80

Abdul Mannan and others Vs. Akram Ali and others, 1990, 19 CLC (AD)

....to costs. Again, learned Counsels of both the parties have submitted that it would be convenient to all if the Revisional Applications are heard by any appropriate Bench of the High Court Division at Dhaka, instead of by any Bench at Comilla or Sylhet Session. This submission is quite reasonable. Th......reasonable. The Registrar is directed to put up the matter to the Chief Justice for necessary order as to transfer of the case. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 129. ..

Category: Procedural Law | Date: 6 Jun, 1990 | Hits: 107

Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)

.... 476; People’s Insurance Co. Ltd. Vs. M/S. CRE WOOD & Co. AIR 1960 (Pun) 388; United Planters and Traders Ltd. Vs. Mosharraf Hossain Khan, 34 DLR 345; Anath Bandhu Guha and Sons Ltd. 7 PLR (Dhaka series, 1959); Elias Textile Mills Ltd. Vs. Abdul Awal, 1985 BLD (AD) 230; Raja Hara Narayan S......ion'. Finding to this effect of the courts below is perfectly correct. All these appeals are therefore dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 34. ..

Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296

Siddik Ali Vs. Nurun Nessa Khatun and others, 1990, 19 CLC (AD)

....n the basis of continuous possession after the expiry of the lease Ext.3 is based on good reasoning. Cases Referred to- Province of East Pakistan vs. Nakul Das Mridha & another, 20 DLR (Dhaka) 769, 32 DLR (AD) 170. Lawyers Involved: MA Wahhab Miah, Advocate, instructed by Sha......defendants. In the result, the appeal is allowed. Prayer for substitution is allowed after setting aside abatement. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 3. ..

Category: Property Law | Date: 28 May, 1990 | Hits: 57