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Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....Suit No. 369 of 1983 for specific performance of contract in the Court of Subordinate Judge, 3rd Court, Dhaka against Irshad Selim and Akhtar Selim impleading the Secretary, Ministry of Works and the Deputy Commissioner, Dhaka as defendant Nos. 4 and 5 in the said suit. On several dates although def......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.......tion) Present: AM Mahmudur Rahman J 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 Judgm...... the Government from the legal tenant Mr. KA Dewan of the vendors of the petitioner. The respondent No.1 contested this Rule by filing an affidavit‑in-opposition. The learned Assistant Attorney‑General, on the other hand, submits that as the whereabouts of Mr. Selim the original owner and his ..Category: Property Law | Date: 5 Nov, 1990 | Hits: 95
Karimunnessa Begum Chowdhurani and others Vs. Niranjan Chowdhury and another, 1990, 19 CLC (AD)
....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. ......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. ......) 78. ......ngs cannot be split up by pick and choose to suit the pre-emptor's purpose causing inconvenience to the purchaser. It appears that the learned Single Judge referred to section 14(2) of the Bengal General Clauses Act, 1899 and observed that the word 'holding' appearing in the statute, nam..Category: Property Law | Date: 1 Nov, 1990 | Hits: 40
Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)
....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. ......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. ...... (Civil) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Agrani Bank .............................................Appellant Vs. Bangladesh Tyres Ltd and others..............Respondents Judgment August 29, 1990. Result: The appeal......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
MD, Bangladesh Machine Tools Factory Ltd Vs. Chairman, 2nd Labour Court & anr, 1990, 19 CLC (AD)
....on. It was not a case of no evidence at all. The petition is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) 272 This Case is also Reported in: 44 DLR (AD) (1992) 272. ......on. It was not a case of no evidence at all. The petition is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) 272 This Case is also Reported in: 44 DLR (AD) (1992) 272. ......naging Director, Bangladesh Machine Tools Factory Ltd………………………………Petitioner Vs Chairman, 2nd Labour Court and another……………...Respondents Judgment August 1......t that it was a case of victimisation for trade union activities. Mr. Rahman further sought to argue that no election of the office‑bearers of the union of which respondent No. 2 was said to be the General Secretary was held since its registration within the prescribed period of 1 (one) year as re..Category: Labour and Industrial Law | Date: 16 Aug, 1990 | Hits: 168
Abul Kashem @ Kashem Vs. State, 1990, 19 CLC (HCD)
....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. ......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. ......bdul Mannan, Assistant Attorney General with JK Paul, Advocate‑ For the State. Criminal Appeal No. 210 of 1989. Judgment Abdul Bari Sarker J. - This appeal is directed against the judgment and order of conviction and sentence passed by Mr. Md. Abdul Hannan, Assistant Sessions Judge and Sp......to- 31 DLR 174, 33 DLR 203, 35 DLR 127. Lawyers Involved: MA Wahab Miah with Ashrafuddin Ahmed, Momtajuddin Fakir, Advocates – For the Appellant. Ghazi Abdul Mannan, Assistant Attorney General with JK Paul, Advocate‑ For the State. Criminal Appeal No. 210 of 1989. Judgment ..Category: Women and Children | Date: 15 Aug, 1990 | Hits: 99
Nannu Gazi Vs. Awlad Hossain & others, 1990, 19 CLC (AD)
....on-Record-For the Appellant. M Nowab Ali, Advocate-on-Record -For Respondent Nos. 6, 8. Sharifuddin Chaklader, Advocate-on-Record-For Respondent Nos. 1-5, 7, 71 & 12. B Hossain, Deputy Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For Respondent No.16......t aside and it is directed that the case (GR Case No.1185 of the Court of Upazila Magistrate, Amtali) proceed according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 63. ......ent August 14, 1990. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), Section 241A "Groundless" appearing in both the sections 241A and former section 253 means that the materials produced before the Magistrate against the accused a......e Appellant. M Nowab Ali, Advocate-on-Record -For Respondent Nos. 6, 8. Sharifuddin Chaklader, Advocate-on-Record-For Respondent Nos. 1-5, 7, 71 & 12. B Hossain, Deputy Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For Respondent No.16. Ex parte..Category: Criminal Law | Date: 14 Aug, 1990 | Hits: 60
State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)
.... 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 of public justice. 15. The learned Deputy Attorney-General appearing for the State has submitted that the direct and uniform evidence o......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. ......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......ave 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 of public justice. 15. The learned Deputy Attorney-General appearing for the State has submitted that the direct and uniform evidence of as may as four..Category: Criminal Law | Date: 9 Aug, 1990 | Hits: 50
Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan (Md) & others, 1990, 19 CLC (AD)
.... 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. ...... 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. ......p; others..................Respondents (In Civil Appeal No. 33 of 1990) Mosharraf Hossain Khan & others.........................Respondents (In Civil Appeal No. 34 of 1990) Momtaz Begum and others .................................Respondents (In Civil Appeal No. 35 of 1990) Sorhab......iple has been excluded in the Rule Itself. 7. Mr. Abdul Baset Majumder contends that the impugned termination is an act of punishment in disguise and that it is a malafide act on the part of the General Manager who became displeased with the respondents, who had been in the service for a long t..Category: Employment/Service Law | Date: 8 Aug, 1990 | Hits: 101
Abdul Hai Sikder and another Vs. State, 1990, 19 CLC (AD)
.... remains unshaken by cross examination. Lawyers Involved: Khandker Mahbub Hossain, Senior Advocate, instructed by M Nowab Ali, Advocate-on–Record for the Appellants. B Hossain, Deputy Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Respondent (...... 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. ......n: 43 DLR (AD) 95. ......n by cross examination. Lawyers Involved: Khandker Mahbub Hossain, Senior Advocate, instructed by M Nowab Ali, Advocate-on–Record for the Appellants. B Hossain, Deputy Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Respondent (State). Cr..Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 91
Abul Kashem and others Vs. The State, 1990, 19 CLC (AD)
....r Uddin & ors, 41 DLR 395. Lawyers Involved: Khandakar Mahbub Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellants. B Hossain, Deputy Attorney-General, instructed by AW Mallik, Advocate-on-Record-For the Respondent. Crimi......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. ......43 DLR (AD) (1991) 77. ......s, 41 DLR 395. Lawyers Involved: Khandakar Mahbub Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellants. B Hossain, Deputy Attorney-General, instructed by AW Mallik, Advocate-on-Record-For the Respondent. Criminal Appeal No.22..Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 51
Badsha Mia and others Vs. Abdul Latif Majumder and others, 1990, 19 CLC (AD)
....nviction and sentence passed against the appellants are maintained. The bail granted by this Court on 1.9.85 is vacated and the petitioners are directed to surrender to their bail bond forthwith. The Deputy Commissioner, Comilla will report compliance of the order of this Court within 2(two) months ......ond forthwith. The Deputy Commissioner, Comilla will report compliance of the order of this Court within 2(two) months from date. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 10. ......se is also Reported in: 43 DLR (AD) (1991) 10. ......ond forthwith. The Deputy Commissioner, Comilla will report compliance of the order of this Court within 2(two) months from date. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 10. ..Category: Criminal Law | Date: 30 Jul, 1990 | Hits: 59
....ommercial Bank Ltd‑in‑liquidation and that the defendants have no right, title or interest in the said property and also prayed for an order for evicting the defendants With the assistance of the Deputy Commissioner, Mymensingh under section 77 of the Banking Companies Ordinance, 1962 from their......suit is dismissed on contest against the defendant No. 2 and 3 and ex parte against the rest. But there shall not be any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 558.
......cial Bank Ltd. (in liquidation)" a banking company was incorporated in the year 1921 under the Indian Companies Act, 1913. The said Bank with all its branches suspended, its functions in August, 1948 and in 1949 the Government advised the District Magistrate, Mymensingh, to lock and seal the head of......suit is dismissed on contest against the defendant No. 2 and 3 and ex parte against the rest. But there shall not be any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 558.
..
Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
Abdur Rahman Mondal and others Vs. State, 1990, 19 CLC (AD)
.... retrial will cause prejudice to the accused appellants. Lawyers Involved: Amirul Islam, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellants. B Hossain, Deputy Attorney‑General, instructed by AW Mallik, Advocate-on-Record - For the Respondent. C......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. ......e Court Appellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdur Rahman Mondal and others.............Appellants Vs. The State..............................................e prejudice to the accused appellants. Lawyers Involved: Amirul Islam, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellants. B Hossain, Deputy Attorney‑General, instructed by AW Mallik, Advocate-on-Record - For the Respondent. Criminal Appeal No...Category: Criminal Law | Date: 23 Jul, 1990 | Hits: 52
Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)
....ocate ‑ For the State. 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 orde...... 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. ......power is reflected in this order either in section 522 or in any other section of Cr. PC. the learned Additional Sessions Judge has not passed any order for re-delivery of possession of the disputed land to the informant petitioner. He has acquitted accused Idris Ali Dewan of the charge under sectio...... of possession of the disputed land to the acquitted accused ldris Ali. Thereafter the opposite party No. 2 filed Miscellaneous Case No.5 or 1984 on 18.5.84 before the Additional Deputy Commissioner (General), Dhaka under section 522 Cr.P.C. with a prayer for restoring him possession of the disputed..Category: Criminal Law | Date: 27 Jun, 1990 | Hits: 110
Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)
.... 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. ...... 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. ......R (AD) (1991) 28. ......vocate (SS Halder, Senior Advocate with him), instructed by Ranesh Chandra Maitra Advocate-on-Record-For the Appellant (In Civil Appeal No. 15 of 1990). Abdul Wadud Bhuiyan, Additional Attorney General instructed by B Hossain Advocate-on-Record-For the Respondents (In Civil Appeal Nos.13 and 1..Category: Limitation Law | Date: 25 Jun, 1990 | Hits: 176
....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.
......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.
......visional Jurisdiction)
Present:
Naimuddin Ahmed J
AKM Hedayetul Islam...................Petitioner
Vs.
Executive Vice Chairman, Bangladesh Agricultural Research Council and another..........Opposite Parties.
Judgment
June 20, 1990.
Result:
The Rule ......application date 14.8.74 marked Ext. 'A' in the first Appellate Court and a letter dated 16.9.74 marked Ext. B by the Trial Court. By Ext A the Petitioner discontinued his contribution to the General Provident Fund on the ground that since he was not a Government employee he could not contri..
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. ...... 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. ..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. ...... (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......vour of his son. He had also stated that occasionally he had to go outside the country and for the sake of business of the company he signed several blank documents. He also admitted that he executed General Power of Attorney and appointed his son namely, the petitioner, as his attorney to act and m..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
Shahabullah (Md) Vs. The State, 1990, 19 CLC (AD)
....om Prakash Vs. State of Delhi, AIR 1974 (SC) 989. Lawyers Involved: Mahbubur Rahman, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellant. B Hossain, Deputy Attorney‑General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Respondent......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. ......erial particulars, such principle cannot be extended to the evidence of trap witnesses, because the latter cannot be termed as accomplices. With regard to corroboration of trap witnesses no hard and fast rule or guidance can be given. There may be cases where the Court will look for independent......te of Delhi, AIR 1974 (SC) 989. Lawyers Involved: Mahbubur Rahman, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellant. B Hossain, Deputy Attorney‑General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Respondent. Criminal Ap..Category: Anti-Corruption Laws | Date: 13 Jun, 1990 | Hits: 119
Atiqur Rahman Vs. AKM Fazlul Hoque, 1990, 19 CLC (HCD)
....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. ......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. ......not mentioned in the first FIR on the basis of which on completion of investigation the police submitted final report which was accepted by the learned Magistrate. Abdus Salam Master alias Salam and another Vs. The State referred. No prima facie can be based on suspicion. 28 DLR (AD) ......te, 36 DLR (AD) 58; 28 DLR (AD) 38; 27 DLR (AD) 29. Lawyers Involved: Abdul Malek with Jamiruddin Ahmad, Advocates‑For the Petitioner. AKM Shamsul Karim, Assistant Attorney General with Shareef Ahmad and Md. Nawab Ali, Advocates‑For the State. Criminal Revision Case..Category: Fiscal/Taxation Law | Date: 11 Jun, 1990 | Hits: 80
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