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

....acts leading to the revisional application are that the present petitioner as plaintiff instituted Title Suit No.389 of 1983 in the 1st Court of Munsif, Dhaka, now Assistant Judge, Dhaka, praying for declaration that the order of his removal from service by the opposite party No.1 was illegal, witho......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. ...... Court High Court Division (Civil Revisional Jurisdiction) Present: Naimuddin Ahmed J AKM Hedayetul Islam...................Petitioner Vs. Executive Vice Chairman, Bangladesh Agricultural Re­search Council and another..........Opposite Parties. Judgment ..

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)

....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. ......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. ......with a malafide motive to prevent the companies from acquiring back the shares of Pubali Jute Mills Ltd., pursuant to the decision of the Government to de‑nationalise the said Mill published in the Bangladesh Gazette on 27.9.82 which the companies were entitled as original Bangladeshi share‑hold..

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)

....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. ......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. ......urt Division (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. ..

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

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

....customs duty an sales tax and that the petitioner himself signed and sent a letter to the Superintendent of Custom Foreign Post Office, Dhaka enclosing an IP for menthol to clear the watches by mis‑declaration a thereby the accused‑petitioner was directly a personally responsible in this mischie......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. ...... giving a go by to the earlier submissions made on behalf of the accused ‑petitioner, His submission is, that the case against the accused petitioner is based on suspicion that he had smuggled into Bangladesh wrist watches though as a matter of fact he had no knowledge that those 4 packets of ment..

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

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

....t and order of the High Court Division in Revision remanding the case to the Trial Court for re-trial. 2. Appellants filed Title Suit No.27 of 1981 in the Court of Subordinate Judge, Sylhet for declaration of their title to the suit land on the basis of settlement from the landlords, by contin......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. ......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)

....ercise of summary jurisdiction for correction of the share‑register was refused. In Jawahar Mills Ltd, Vs Official Receiver, Sha Mulchand & Co Ltd. 19 Company Cases, 138, a suit was filed for a declaration that a forfeiture of shares was illegal and a mandatory injunction for restoration of th......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. ......ul Hoque were the only Directors‑Share holders of each of the Companies. After some time the last mentioned two brothers died whereupon their heirs were substituted. Respondent, Shamsul Hoque, left Bangladesh in July 1972 and resided in Calcutta. He returned to Bangladesh in April 1977 and having ..

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

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

....o. 69 of 1965 affirming the judgment dated 21.12.64 passed by the Munsif, Second Court, Sylhet in Title Suit No. 251 of 1961. 2. Siddik Ali, the predecessor of the appellants, filed the suit for declaration of title in respect of the schedule 2 land and for recovery of khas possession with mesn......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)

....ette and has no arbitrary power to entertain belated private complaint after the whole election was over to the satisfaction of the Presiding Officers and the Returning Officer and can not cancel the declaration sent by the Returning Officer and can not order repoll on such private complaint…......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. ......f any aggrieved candidate is to go to the Election Tribunal for redress of his grievance if any. The said decision of the High Court Division was uphold by the Appellate Division. Nazir Ahmed VS Bangladesh Election commission 41 DLR (AD) 87 = 1989 BLD (AD) 103 .............(10) Result: ..

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

AH Shamsuddin Ahmed Vs. Begum Arafat & others, 1990, 19 CLC (HCD)

....gment May 22, 1990. Result: The Rule is discharged. It is settled principle of law that mere declaratory suit is maintainable if it is found that the document with regard to which declaration is sought itself is void ab initio. This view was supported in the case of Pethen Permal....... In the result, the Rule is discharged. However, there will be no costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 52. ....... In the result, the Rule is discharged. However, there will be no costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 52. ..

Category: Property Law | Date: 22 May, 1990 | Hits: 111

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

....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. ......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. ......sain Moham­mad Habibur Rahman J Habibul Islam Bhuiyan J MA Razzaque .......................................................................................Petitioner Vs. The Bangladesh Election Commission, Sher‑e‑Bangla Nagar and Others........Respondents Judgment ..

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

Aftabuddin Fakir Vs. Sowdagar Rabi Das & others, 1990, 19 CLC (HCD)

....C Suit No. 32 of 1986. 2. Facts giving rise to this Rule may briefly be Opposite party Nos.1 and 2 as plaintiffs filed OC Suit No. 32 of 1986 in the 1st Court of Munsif, Prbadhala, Netrokona for declaration of title and recovery of possession of the land described in the schedule of the plaint ......ion laid down in Order XLI rule 31 CPC. 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) 42. ......ion laid down in Order XLI rule 31 CPC. 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) 42. ..

Category: Civil Law | Date: 29 Mar, 1990 | Hits: 65

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

....d District Judge, Dhaka in Title Appeal No. 23 of 1988 should not be set aside. 2. The plaintiff‑opposite parties instituted Title Suit No.465 of 1978 in the court of the 1st Munsif, Dhaka for declaration of title to the suit land and for recovery of khas possession by evicting the defen­......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. ......ts. Ed. This Case is also Reported in: 43 DLR (1991) 7. ..

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

Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)

....e are set aside and the suit is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 18. ......e are set aside and the suit is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 18. ......g an expert decree in favour of the plantiff by the court. The court is required to come to a finding on assessment of the materials on record that the plaintiff has been able to prove the case. Bangladesh VS Abdul Wadud and others 25 DLR (SC) page 90 cited     &nb..

Category: Property Law | Date: 15 Mar, 1990 | Hits: 66

Abdur Rabban (Md) Vs. Aminul Hoque Sowdagar and another, 1990, 19 CLC (AD)

.... Chittagong in Other Appeal No. 292 of 1976 on 25.6.76 and by the learned Subordinate Judge, 1st Court, Chittagong in Title Suit No. 18 of 1983 on 5.7.75, decreeing the suit. 2. The Suit was for declaration of title to the suit land with 3 houses thereon, a town property at Chittagong, with con...... For the reasons stated above we do not find any merit in the appeal. The appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 19. ...... For the reasons stated above we do not find any merit in the appeal. The appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 19. ..

Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123

Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)

....ected to surrender to his bail bond and to serve out the sentence. Appeal No.10 of 1985 is dismissed and order of acquittal is upheld. Ed. This Case is also Reported in: 43 DLR (1991) 87. ......ected to surrender to his bail bond and to serve out the sentence. Appeal No.10 of 1985 is dismissed and order of acquittal is upheld. Ed. This Case is also Reported in: 43 DLR (1991) 87. ......stances of the case would be unreasonable. It is not disputed by the defence side that the doctor who held post‑mortem examination on the dead body of victim Rafiq is now living beyond the limit of Bangladesh. It is submitted by the learned Advocate for the defence that condition laid down in sect..

Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65

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

....tituted Title Suit No. 159 of 1987 on 8.4.87 in the First Court of Subordinate Judge, Dhaka impleading respondent No. 2 as the principal-defendant and appellant Nos. 8 to 1 as proforma-defendants for declaration of title to the suit land measuring .765 acre and also for further declaration that the ......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. ......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

Abdul Momen Bhuiyan Vs. Haji Payez Ali Mia and others, 1990, 19 CLC (HCD)

....us, for the reasons stated above, we do not find any substance in this petition. Accordingly, the petition is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 97. ......us, for the reasons stated above, we do not find any substance in this petition. Accordingly, the petition is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 97. ......hammad Abdur Rouf J. - The petitioner who is the sitting Chairman of Raipura Upazila Parishad has moved this petition under Article 102(2) (a) (ii) of the Constitution of the People's Republic of Bangladesh, calling in question the legality of rejection of his nomination paper by the Returning O..

Category: Election Law | Date: 5 Mar, 1990 | Hits: 136

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. ......uently the order of conviction and sentence is not sustainable in law………………………..(14) Case Referred to- Tamiz Mia Vs. Govt. of Bangladesh, 33 DLR 207. Lawyers Involved: Md. Serajul Huq with SAM Mahbub Elahi, Advocates..

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

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

....ce by us. In the result, this appeal is dismissed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ......t Sirajganj Upazila. Next day i.e. on Wednesday he lodged F.I.R. in the police station. When he lodged the First Informa­tion Report in police Station the girl was 12 or 13 years old. One year after independence of Bangladesh she was born. He stated that Uma Rani Malakar was his 5th issue and her h......ila. Next day i.e. on Wednesday he lodged F.I.R. in the police station. When he lodged the First Informa­tion Report in police Station the girl was 12 or 13 years old. One year after independence of Bangladesh she was born. He stated that Uma Rani Malakar was his 5th issue and her horoscope was giv..

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

Manindra Kumar Malakar Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)

....the guardian is entitled to have custody of the minor girl. But in this case Special Tribunal found her age in between 16 and 17 years. In a case like this that when the guardian prays not only for a declaration of illegal detention, but also claims the custody of the girl on the ground of minority,......e copy of this order be communicated to the Deputy Commissioner, Gazipur and the Jailor, Gazipur District Jail at once for compliance. Ed. This Case is also Reported in: 43 DLR (1991) 71. ......s much force in the contention. ........ (23) Cases Referred to- Kiron Bala Chowdhury Vs. The State, 17 DLR (Dhaka) 544; Prafullah Kumar Bhattacharya Vs. Ministry of Home Affairs, Govt. of Bangladesh, 28 DLR 122; Jahanara Begum alias Joisna Rani Saha and another Vs. The State, 15 DLR (Dha..

Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104