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Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)
....ure to compel the detenu to make payment under duress and if he fails, he continues to remain in detention which is not contemplated in section 3 of the Special Powers Act. 12. It appears from the statements and counter‑statements of the parties and the relevant papers filed that the petitioner......pplication of any person when the detenu is in custody. But under Article 102(2)(a)(ii) this Court may declare any act done or proceeding taken by a person performing functions in connection with the affairs of the Republic or of a local authority to have been done or taken without lawful authority ..Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184
Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)
.... proved his title and possession in the disputed land although the defendant did not specifically deny the allegations made by the plaintiff in the plaint under Order 8 rule 5 CPC in the written statement. In this respect the learned Advocate cited the case of Shriram Surajmal Vs. Shriram Aunwa......the reasons stated above, I set aside the judgment and decree of the lower appellate Court and restore those of the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 57. ..Category: Property Law | Date: 30 Jan, 1991 | Hits: 2
Baneazuddin Ahmed and others Vs. The State, 1991, 20 CLC (AD)
.... on bail already granted, till disposal of the Criminal Revision No. 21 of 1989 pending before the High Court Division, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 123. ...... on bail already granted, till disposal of the Criminal Revision No. 21 of 1989 pending before the High Court Division, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 123. ..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)
....No.1 M/s. Crescent Apparels (Private) Ltd. situated at H‑79, Block‑M (2nd and 3rd Floor), Banani Chairman Bari, International Airport Road, Police Station Gulshan, District‑Dhaka. 2. It is stated in the application that respondent No.1 company was incorporated on 6.8.84 as private limited......rom the inception of the company till today. The respondent Nos. 2 and 3 had taken virtual control of the company in 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. T..Category: Company Law | Date: 19 Dec, 1990 | Hits: 195
State Vs. Md. Shafiqul Islam alias Rafique and another, 1990, 19 CLC (AD)
....r of conviction and sentence passed against the respondents by the Additional Sessions Judge, First Court, Pabna in Sessions Case No.300 of 1982. 2. At the trial P.W.1 Moked Ali, the informant, stated the prosecution case. His daughter Meherunnessa was married to respondent No.1 Shafiqul Islam......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. ..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. ......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. ..Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112
The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)
....f the Chainman (P.W.1 Monwar Hossain) lodged First Information Report at the Police Station naming these four accused as the assailants. In course of investigation by the Police, accused Akbar made a statement to the Investigating Officer and in pursuance of the statement he led the Investigating of......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. ..Category: Criminal Law | Date: 14 Nov, 1990 | Hits: 88
Karimunnessa Begum Chowdhurani and others Vs. Niranjan Chowdhury and another, 1990, 19 CLC (AD)
....onstituted a separate holding, and that consideration for each of these holdings was separately shown in the kabala by which all of them were transferred. The consideration for scliedule-III land was stated to be Tk. 400.00 and that of the other 4 Schedule lands was stated to be Tk. 200.00 each; the......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. ..Category: Property Law | Date: 1 Nov, 1990 | Hits: 40
Kazi Mobarak Ali Vs. Mohammad Yeasin Mazumder and others, 1990, 19 CLC (AD)
....which is prima facie maintainable. The view taken by the trial Court that some kind of appellate forum must be provided for is not correct; but we are upholding its decision on a different ground, as stated above. In the result, the appeal is dismissed without, however, any cost. Ed. ...... 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
Sharif (Mohd) Vs. Mohd Obaidur Rahman & others, 1990, 19 CLC (HCD)
....155 of 1989 shall be kept intact and the further evidence which will be adduced by the petitioner shall be recorded by the Magistrate. Ed. This Case is also Reported in: 43 DLR (1991) 66. ......155 of 1989 shall be kept intact and the further evidence which will be adduced by the petitioner shall be recorded by the Magistrate. Ed. This Case is also Reported in: 43 DLR (1991) 66. ..Category: Criminal Law | Date: 21 Aug, 1990 | Hits: 80
Wajear Rahman Moral (Md) Vs. The State, 1990, 19 CLC (AD)
....xposing falsehood, are a part, a very important part, of evidence before Court. Before drawing any inference from the testimony of a witness the Court, particularly the Trial Court, must consider the statements made in chief and those made in cross by putting them in juxtaposition and see whether th......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. ..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)
....tigma. The Labour Court, however, found that the contention of the petitioner was not correct and respondent No. 2 was victimised for his trade union activities. The petitioner was directed to re‑instate the respondent in his job. 2. The petitioner being aggrieved by the said order filed Writ......i Union, that it was a registered trade union and that in the capacity of the General Secretary, Respondent No. 2 had dealing with the officials of the petitioner's mill regarding the demands and affairs of the labourers. The High Court Division rightly held that the findings of fact made by the..Category: Labour and Industrial Law | Date: 16 Aug, 1990 | Hits: 168
Abul Kashem @ Kashem Vs. State, 1990, 19 CLC (HCD)
....chedule offences were charged together, the charge is illegal and the trial is vitiated by illegality. 8. Now let us see what evidence the prosecution adduced to prove its case. 9. PW 1 further stated that the victim girl stated in the thana that she came on a pleasure trip to the house of her......unal is hereby set aside. The accused appellant is acquitted of the charge brought against him. He should be discharged from the bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 420. ..Category: Women and Children | Date: 15 Aug, 1990 | Hits: 99
State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)
.... deceased Abdul Hakim. They used to live in separate houses in the same village. P.W.1 Abdur Rab Talukder was the informant in this case but he is not an eye‑witness of the occurrence. He, however, stated in his evidence that on Saturday, the 4th Sraban, 1386 BS corresponding to 21.7.70 his brothe......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. ..Category: Criminal Law | Date: 9 Aug, 1990 | Hits: 50
Abdul Hai Sikder and another Vs. State, 1990, 19 CLC (AD)
....n the dead body and sent it to the morgue. 10 local witnesses cited in the charge‑sheet are either away elsewhere not known of untraceable. 3. P.W.7, Sl Mostafizur Rahman, the IO of the case, stated at the trial that during investigation he seized alamats under two separate seizure lists Ext...... 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
Abul Kashem and others Vs. The State, 1990, 19 CLC (AD)
....lowed. The appellants shall appear before the Sessions Judge, Bhola and till then the bail granted by this Court will continue. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 77. ......lowed. The appellants shall appear before the Sessions Judge, Bhola and till then the bail granted by this Court will continue. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 77. ..Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 51
....ed that Mr. Shehabullah did not take any step for securing the possession of those properties which belonged to the bank‑in‑liquidation. As regards the property involved in the present suit it is stated that the bank‑in‑liquidation purchased the same in 1945 from M/s. Md. A Gani, Md. A Majid......ior advocate of this court, was appointed as Official Liquidator. Mr. Shehabullah looked after the affair of the bank in liquidation 31st August, 1971 when Bangladesh Bank took over the charge of the affairs of the said Bank as Official Liquidator as per order of this Court dated 26th July, 1977. At..
Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
Abdur Rahman Mondal and others Vs. State, 1990, 19 CLC (AD)
....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. ......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
Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)
....itioner to pay compensation under section 250 of the Criminal Procedure Code does not abate on the death of the petitioner. The object of laying down the above principle obviously was to prevent the estate of a deceased person being damaged although death had terminated the personal interest of the ...... 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
Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)
....a) and (b) of section 29(2), according to the learned Judge, relate to the second part. Clause (a) specifies the sections of the Limitation Act which shall apply for such determination and clause (b) states that "the remaining provisions" which can only mean "the remaining provisions ...... 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
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