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

....ction 561A of the Code of Criminal 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 briefl......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)

....appropriate Bench of the High Court Division at Dhaka, instead of by any Bench at Comilla or Sylhet Session. This submission is quite 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 Repor......riate Bench of the High Court Division at Dhaka, instead of by any Bench at Comilla or Sylhet Session. This submission is quite 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..

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

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

....er, and since no period of limitation has been prescribed for pre-emption by a non‑notified co‑sharer in any other law, Article 181 of the Limitation Act was brought into service. But the learned Chief Justice was himself not convinced of the reasoning for application of this Article when he sai......d since no period of limitation has been prescribed for pre-emption by a non‑notified co‑sharer in any other law, Article 181 of the Limitation Act was brought into service. But the learned Chief Justice was himself not convinced of the reasoning for application of this Article when he said &quo..

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

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

....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. ......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

Abdur Rouf Mia Vs. Ministry of Local Government, Rural Develop­ment and Co‑operatives and others, 1990, 19 CLC (HCD)

....  In case of any grievance the petitioner shall raise objection before the Presiding Officer or pray for recounting the ballots. In this case the petitioner filed an application before the Chief Election Commission for recounting and the Chief Election Commissioner illegally and arbitrari......poll. In the result, the Rule is discharged and the order of stay granted on 6.5.90 is vacated. There will be no order for costs. Ed. This Case is also Reported in: 43 DLR (1991) 29. ..

Category: Election Law | Date: 24 May, 1990 | Hits: 101

Aga Kohinoor Alam Vs. State and another, 1990, 19 CLC (HCD)

.... all the parties including the Government stood finally settled and therefore no prosecution could lie. 5. Mr. Abdul Malek further represented that the proceeding of the criminal case before the Chief Metropolitan Magistrate would be infructuous because the said Magistrate could not go into jud...... said to be without any basis nor the said proceeding can be held to be liable to be quashed. The Rule is accordingly discharged. Ed. This Case is also Reported in: 43 DLR (1991) 95. ..

Category: Criminal Law | Date: 13 May, 1990 | Hits: 73

Sonali Bank Vs. Nurul Kader and another, 1990, 19 CLC (HCD)

....aw. Send a copy of the judgment to the learned District Judge for sending his report to this court as directed. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 21.   ......aw. Send a copy of the judgment to the learned District Judge for sending his report to this court as directed. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 21.   ..

Category: Civil Law | Date: 5 Apr, 1990 | Hits: 1

Kanak Mala Vs. Md. Safiuddin & others, 1990, 19 CLC (HCD)

....ly set aside and the suit is dismissed. In the result, the Rule is made absolute as indicated above without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 38. ......ly set aside and the suit is dismissed. In the result, the Rule is made absolute as indicated above without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 38. ..

Category: Property Law | Date: 5 Apr, 1990 | Hits: 74

MA Razzaque Vs. Bangladesh Election Commission, 1990, 19 CLC (HCD)

....i was issued under Ar­ticle 102 of the Constitution at the instance of peti­tioner MA Razzaque calling upon the five respon­dents, namely, 1. Bangladesh Election Commission, Dhaka, 2. The Chief Election Commissioner, 3. The Deputy Commissioner, Jamalpur and Appellate Au­thority, Jama......the office of the Chairman of Dewanganj Upazila Parishad. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 16. ..

Category: Election Law | Date: 5 Apr, 1990 | Hits: 110

Sonali Bank Vs. M/s Begg & Beg Jute Incorporated Limited & others, 1990, 19 CLC (HCD)

.... discretion in refusing the in­terest to the plaintiff. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 27. ...... discretion in refusing the in­terest to the plaintiff. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 27. ..

Category: Civil Law | Date: 1 Apr, 1990 | Hits: 79

M/s. Rising Sun Traders Ltd. Vs. Chittagong Port Authority and another, 1990, 19 CLC (HCD)

....e further submits that the Court below com­mitted a gross error in law in not finding that there was no reference of the dispute to the Engineer‑in­-Charge earlier than on 6.3,1985 when the Chief En­gineer was requested by the appellant‑contractor for settlement of the dispute as per...... the impugned Judg­ment of the learned Subordinate Judge is set aside and the award dated 14.12.1986 is made the Rule of the Court. Ed. This Case is also Reported in: 43 DLR (1991) 1. ..

Category: Alternative Dispute Resolution | Date: 28 Mar, 1990 | Hits: 176

Bangladesh Leaf Tobacco Company Ltd. Vs. Md. Abdul Mannan and others, 1990, 19 CLC (HCD)

....e learned District Judge is directed to dispose of the ap­peal on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 7. ......e learned District Judge is directed to dispose of the ap­peal on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 7. ..

Category: Property Law | Date: 27 Mar, 1990 | Hits: 75

Zakir Hossain and others Vs. The State and other, 1990, 19 CLC (AD)

.... Judgment MH Rahman J.- The appellants were accused in District Anti-Corruption Case No. 122 of 1987 under sections 420/467/468/471/109 of the Penal Code, now pending in the Court of Additional Chief Metropolitan Magistrate, Dhaka. They unsuccessfully moved the High Court Division, Dhaka under......tan Magistrate, Dhaka is stayed till the disposal of Title Suit No.159 of 1987 of the First Court of Subordinate Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ..

Category: Anti-Corruption Laws | Date: 12 Mar, 1990 | Hits: 114

Anisuzzaman Vs. State, 1990, 19 CLC (HCD)

....roject authority. In the result, I allow the appeal with the aforesaid observation. The appellant is released from his bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 35. ......roject authority. In the result, I allow the appeal with the aforesaid observation. The appellant is released from his bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 35. ..

Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86

Moynul Hasan and others Vs. Nazmul Haq @ Nazmul Hasan and others, 1989, 18 CLC (HCD)

.... impugned order of the learned Subordinate Judge. In the result, the Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 82. ...... impugned order of the learned Subordinate Judge. In the result, the Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 82. ..

Category: Limitation Law | Date: 28 Nov, 1989 | Hits: 219

Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)

....ah is overruled. 25. Since we are differing from the views of another Division Bench of this Court on the self­same point of law, as a matter of rule, we require to send the matter to the learned Chief Justice recom­mending to constitute a Full Bench in order to decide the matter finally. But i......uittal. In pursuance of the above order the present appellant preferred an applica­tion under section 561A of Cr.P.C. before this Court and a Rule was issued on 2.4.89 by a Divi­sion Bench in which Justice Fazle Hossain Moham­mad Habibur Rahman was a party and the said application under section 5..

Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153

Circle Officer, Sutrapur Vs. Mohammad, 1989, 18 CLC (HCD)

.... the Rule is made absolute without any order as to cost. Let a copy of this judgment be sent to the District Judge, Dhaka immediately. Ed. This Case is also Reported in: 43 DLR (1991) 84. ...... the Rule is made absolute without any order as to cost. Let a copy of this judgment be sent to the District Judge, Dhaka immediately. Ed. This Case is also Reported in: 43 DLR (1991) 84. ..

Category: Limitation Law | Date: 9 Aug, 1989 | Hits: 178

Ziaul Hoque Vs. Election Commis­sion, 1990, 19 CLC (HCD)

....ted chairman acquires a vested right and remedy of the aggrieved person is to the Election Tribunal for redress of grievance........................ (9) Cases Referred to- 40 DLR (AD) 270; Chief Commissioner of Aj­meer Vs. Radheshyani Dhani, AIR 1957 (SC) 304; Mun­shi Abdul Hoque ...... is discharged with compensatory cost of Tk. 5,000/‑ (Taka five thou sand) only to be paid to the respondent No. 5 by the petitioner. Ed. This Case is also Reported in: 43 DLR (1991) 9. ..

Category: Election Law | Date: 14 Jun, 1989 | Hits: 98

Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)

....84 in the Court of the District Judge, Narayanganj before whom it was argued at the time of admission hearing on behalf of the appellant that by clause 2(3) of Martial Law Regulation No.1 of 1982 the Chief Martial Law Ad­ministrator or an Officer authorised by him was em­powered to transfer ......inate Judge, Narayanganj is directed to dispose of T.S. No.56 of 1984 in accordance with law as expeditiously as pos­sible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 357. ..

Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152

Hazrat Ali & Abdur Rah­man Vs. State, 1989, 18 CLC (HCD)

....emned prisoner Hazrat Ali with the modification of sentence of both the condemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ......emned prisoner Hazrat Ali with the modification of sentence of both the condemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ..

Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152