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

....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. ...... Division (Civil) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rah­man J Abdur Rouf Miah ...........................Petitioner Vs. Fazlur Rahman and others..............Respondents Judgment June 27, 1990. ......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. ......is 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)

....hahabuddin Rahman J ATM Afzal J Mustafa Karnal J Latifur Rahman J Ishaque (Md.) and others ………..................Appellants Vs. The Government of Bangladesh………Respondent (In Civil Appeal No.13 of 1990) Md. Ishaque&hellip......vil) Present: Shahabuddin Rahman J ATM Afzal J Mustafa Karnal J Latifur Rahman J Ishaque (Md.) and others ………..................Appellants Vs. The Government of Bangladesh………Respondent (In Civil Appeal No.13 of 19...... 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. ......hers, AIR 1966 Kerala 212 (SB); Bangladesh Vs. Moslem Mia, 31 DLR (AD) 45; Syed Amir Hossain Vs. Mrs. Nadera Rahman, 37 DLR (AD) 184; Aflabuddin Vs. Sajad Ali, 1986 BLD 235; Serajuddin and others Vs. Ahmed Fazlur Rahman and another, 1986 BLD 258. Lawyers Involved: Miah Abdul Gafur, Advoca..

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)

.... 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 ......d 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. ......ill 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)

....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...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Dr. Naimur Rahman and another.................Appellants (In Civil Appeal No. 58 of 1984) Vs. Shahbazpur Tea Co. Ltd and another..........Respondents (In Civil Appeal No. 58 of 1984) ......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. ......he 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)

....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. ...... ......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. ......with the application as well as the affidavits of the parties are quite clear to settle the rights of the parties........... (12, 15, 17) Cases Referred to- Jabed Ali Sarker Vs. Dr. Sultan Ahmed, 26 DLR 303; United Planters and Traders Ltd. Vs. Md. Mosharraf Hossain Khan & others, 34 ..

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

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

....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. ......reme Court Appellate Division (Criminal) Present: Shabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Shahabullah (Md)...................Appellant Vs. The State .................................Respondent Judgment June 13, 1990. ......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. ......r 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)

.... 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......rt Division (Criminal Revisional Jurisdiction) Present: MS Ali J Habibur Rahman Khan J Atiqur Rahman ........................................................Petitioner Vs. AKM Fazlul Hoque, the State.........................................Opposite‑Parties ......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. ......esh complaint. After receiving the Naraji petition in the form of fresh complaint the learned Magistrate took cognizance of the case after observing the necessary formalities. 7. Mr. Jamir Uddin Ahmed, the learned Advocate appearing for the accused‑petitioner submits that after accepting the ..

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

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

....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. ...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Abdul Mannan and others...................Appellants Vs. Akram Ali and others....................Respondents Judgment June 6, 1990. ......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. ......cessary 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)

....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 ......34. ......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. ......peals 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)

....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. ......il) Present: Shahabuddin Ahmed CJ ME Rahman J Mustafa Kamal J Latifur Rahman J Siddik Ali being dead his heirs: Afia Rahman and others...................Appellants Vs. Nurun Nessa Khatun and others .................................Respondents Judgment ......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. ......llowed 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)

....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: ...... Division (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Abdur Rouf Mia................................Petitioner Vs. The Ministry of Local Government, Rural Develop­ment and Co‑operatives and others .........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. ...... remedy of 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) Re..

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

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

..... 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. ......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. ...... Ed. This Case is also Reported in: 43 DLR (1991) 52. ..

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

Bakul Howlader @ Shamsul Alam Vs. The State, 1990, 19 CLC (AD)

....bail of the appellant. Hence, the appeal is allowed and the bail granted to the appellant by the Upazila Magistrate is confirmed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 14. ......) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bakul Howlader @ Shamsul Alam.....................Accused-Appellant Vs. The State ..................................Respondent Judgment May 20, 1990. ......bail of the appellant. Hence, the appeal is allowed and the bail granted to the appellant by the Upazila Magistrate is confirmed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 14. ......nt by the Upazila Magistrate is confirmed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 14. ..

Category: Criminal Law | Date: 20 May, 1990 | Hits: 100

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

....he accused petitioners be acquitted of the charge levelled against them. The accused petitioners be discharged from their bail bonds. Ed. This Case is also Reported in: 43 DLR (1991) 40. ......1991) 40. ......he accused petitioners be acquitted of the charge levelled against them. The accused petitioners be discharged from their bail bonds. Ed. This Case is also Reported in: 43 DLR (1991) 40. ......erred to- MK Zaman & others Vs. Matiar Rahman, 20 DLR 434; Abdus Sattar Howlader Vs. the State & Vs. Kashem Ali, 15 DLR 30; 33 DLR 101; 28 DLR 103. Lawyers Involved: Abu Sayed Ahmed with Alaluddin, Advocates-­For the Petitioners. Shareef Ahmed, Advocate‑ For the St..

Category: Criminal Law | Date: 14 May, 1990 | Hits: 66

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

.... 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. ...... High Court Division (Criminal Revisional Jurisdiction) Present: Amin‑ur Rahman Khan J Habibur Rahman Khan J Aga Kohinoor Alam .........................Petitioner Vs. The State and another.....................Opposite Parties Judgment May 13, 1990....... 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. ......proceeding cannot be said to be without any basis nor the said proceeding can be held to be liable to be quashed…................ (9-13) Lawyers Involved: Abdul Malek with Zamiruddin Ahmed and Md. Serajul Islam Khan, Advocates‑For the Petitioner. Md. Enamul Huq, Advocate ‑F..

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

Ayesha Khatun (Musammat) Vs. Musammat Jahanara Begum & others, 1990, 19 CLC (AD)

.... per provision of section 96 of the State Acquisition and Tenancy Act. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 9. ......ivil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Ayesha Khatun (Musammat)................................Appellant Vs. Musammat Jahanara Begum & others ................Respondents Judgment April 1...... per provision of section 96 of the State Acquisition and Tenancy Act. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 9. ......result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 9. ..

Category: Property Law | Date: 11 Apr, 1990 | Hits: 47

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. ......hout 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)

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

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

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

....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. ...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Syed Fazle Ahmed J Aftabuddin Fakir ...............................................Petitioner Vs. Sowdagar Rabi Das & others............................Opposite Parties Judgment ......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. ......thout 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

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

.... 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. ......vision (Civil Appellate Jurisdiction) Present: Muhammad Sohrab Ali J Md. Badruzzaman J M/s. Rising Sun Traders Ltd.............................................Appellants Vs. Chittagong Port Authority and another..............................Respondents Judgmen...... 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. ......ith copy of this Order to the contractor. 12. The contractor by a petition dated 20.11.86 made a prayer that their earlier written statement filed before the first Arbitrator Mr. Kama­luddin Ahmed might be treated as their written state­ment. But the second party did not submit any writ..

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