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Shambhu Nath Poddar Vs. Bangladesh Railway and others, 1990, 19 CLC (AD)
....elow having concurrently found that the theft of the consignment in question could not have taken place without the negligence and connivance of the railway employees who were on duty at the relevant time, the learned single Judge of the High Court Division sitting in revision acted beyond its juris......tly, the judgment of the High Court Division is set aside and the suit is decreed. The appeal is allowed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 82. ..Category: Civil Law | Date: 19 Nov, 1990 | Hits: 107
The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)
.... but was interested only to save his life by fleeing away without taking notice as to the fate of others including the Chairman when attacked by the armed miscreants. 5. As appears clearly, the time, place and manner of occurrence is found to have been satisfactorily proved by P.Ws.2 to 4 and ......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
Narayan Chandra Sil Vs. Manhar Mandal, 1991, 20 CLC (AD)
....uction purchaser never took delivery of possession by beat of drum through court. The appellant came to know about the auction sale of the disputed property from one Sambhu Nath Agrason for the first time on 8.6.1970 and filed the case for setting aside the auction sale on 11.7.70. 3. The case ......tly, the judgment of the High Court Division is liable to be set aside. In the result, the appeal is allowed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 152. ..Category: Property Law | Date: 11 Nov, 1990 | Hits: 50
Karimunnessa Begum Chowdhurani and others Vs. Niranjan Chowdhury and another, 1990, 19 CLC (AD)
....ngs according to his own convenience. Learned Advocate further contends that the pre‑emptor is also required to deposit the entire amount of the consideration money, as stated in the kabala, at the time of filing the application for pre‑emption. Learned Advocate has sought reliance for this cont......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)
....l suit to question the legality or propriety of any decision of the Village Court. Sub section (3) of section 8 provides that- “Notwithstanding anything contained in any other law for the time being in force, any matter decided by a Court in accordance with the provisions of this Ordinan...... 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
Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)
....s not show how and on what dates interest has been calculated and that the Company should not be wound up merely because the owners had to give an undertaking about the acceptance of liability at the time of release of the unit from the management of the corporation. 4. The appellant Bank filed......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
Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
....ase. The preliminary objection therefore ought to prevail." 16. Thus, the second point of Mr. Fazlul Karim cannot be accepted when there is nothing on record to show that at any point of time any application was filed before the High Court Division during the pendency of the appeal for ......rder XLI rule 20 the matter perhaps would not have come to such a pass and the appeal could be spared a technical knockout. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 156. ..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
Wajear Rahman Moral (Md) Vs. The State, 1990, 19 CLC (AD)
.... wife was sleeping inside the hut along with her children; that at about 11.30 PM hearing hue and cry P.W.1 went to the house of Swarup and found him with his throat cut and he could not talk at that time; that the victim died before the arrival of the local doctor Raushan; that on query the two wiv......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)
....e petitioner, seeking leave to appeal from the aforesaid order of the High Court Division, submitted that respondent No. 2 was neither a labour leader nor engaged in any trade union activities at the time his service was terminated with and as such it was wrongly held by the Labour Court that it was......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. ..Category: Labour and Industrial Law | Date: 16 Aug, 1990 | Hits: 168
Abul Kashem @ Kashem Vs. State, 1990, 19 CLC (HCD)
....onstable No. 605 at Tan Bazar Police out‑post is that on 8.10.86 he along with constable No. 769 Md. Shamsul Alam (PW 2) and others went out on patrol duty in Tan Bazar area at about 10 PM. At that time they noticed that the accused was coming from the prostitute quarters with one girl named Rebak......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
Mahbubul Alam Chowdhury and others Vs. Chaman Ara Begum and others, 1991, 20 CLC (AD)
....ith the plaintiff". The duplicate copy is Ext.8 in the suit. Further statements in paragraph 9Ka were, "After the termination of 1he work of the Railway contract in the year 1949 and at the time of the dispute in September 1951, the aforesaid firm-AK Chowdhury and JK Chowdhury, was dissolv...... all the above reasons we do not find any merit in the appeal which is dismissed without however any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121 ..Category: Civil Law | Date: 14 Aug, 1990 | Hits: 121
Nannu Gazi Vs. Awlad Hossain & others, 1990, 19 CLC (AD)
....nd. The hearing of the case was fixed for 1.7 June 1985 for framing charges. At this stage, two accused, accused No. 1 and accused No. 7, produced some papers apparently showing that, at the relevant time they were elsewhere. Papers produced by accused No.1 showed that he was engaged in conducting t......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. ..Category: Criminal Law | Date: 14 Aug, 1990 | Hits: 60
State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)
.....2, Ali Akbar, an eye‑witness of the occurrence is that he, Abdul Hakim, ldris Talukder and Emdad Hawlader (respondent No.3) and one Eusuf Boyati Patuakhali by a boat on way home before Asar prayer time. He and ldris left the boat on the west bank of Jainkathi Katakhali Khal and started for home t......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
Keramat Ali Bhuiyan Vs. Ramizuddin Ahmed Bhuiyan, 1990, 19 CLC (AD)
....ation under Order 9 rule 9 of the Code of Civil Procedure for restoration of the suit alleging that the record of the suit was sent to the High Court Division in connection with FA No.226 of 1974 sometime in 1976 and upon its receipt back, no notice was given either to the respondent or to his learn......earned advocate of the parties about the receiving back of the record and the next date fixed. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 58. ..Category: Procedural Law | Date: 8 Aug, 1990 | Hits: 108
Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan (Md) & others, 1990, 19 CLC (AD)
....eals with suspension, removal, dismissal, termination and resignation. Sub-rule (1) of Rule 41 provides for termination of the service of an officer or employee during the period of probation, at any time, without any reason being assigned. Sub‑rule (2) of Rule 41 provides for termination of the s...... 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. ..Category: Employment/Service Law | Date: 8 Aug, 1990 | Hits: 101
Kazi Abdul Jalil Vs. Jashim Munshi and another, 1990, 19 CLC (AD)
....e entitled to be released. The provision in clause (d) of section 35 of the Ordinance is not intended to be mandatory. The purpose obviously is to save an investigation which had started at the time when there was no time‑limit for its conclusion. Had this provision been intended to be manda...... The impugned order of the High Court Division is set aside and that of the Sessions Judge is restored. The appeal is allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ..Category: Criminal Law | Date: 6 Aug, 1990 | Hits: 50
Afruz Miah (Md) and another Vs. Alhaj Md. Siraj Miah, 1990, 19 CLC (AD)
....ellant No. 1 Md. Afruz Miah some shares in the said hotel business in order to establish him in life. Deceased Siraj Miah himself held 600 shares in the said hotel and became the permanent and life‑time Managing Director of the said private limited company. During the early part of 1980 deceased S...... present case, the same suffers from no illegality. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 89. ..Category: Procedural Law | Date: 5 Aug, 1990 | Hits: 91
.... 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 the time of handing over charge Mr. Shehabullah could not hand over many of the original documents of th......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.
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Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
Abdur Rahman Mondal and others Vs. State, 1990, 19 CLC (AD)
....f the informant by force and thus committed an offence. The case, according to him, depends upon the vital finding as to whether the informant was in possession of the case land at the material time. The Appellate Court below opined that this finding is dependent upon the outcome of Miscellane......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
Attor Mia and another Vs. Mst. Mahmuda Khaton Chowdhury and others, 1990, 19 CLC (AD)
.... fact contained therein were specifically raised in the Trial Court and in the first Appellate Court - If not so raised, the revisional Court was not obliged to entertain issues of fact for the first time in revision. As for issues of law and mixed question of fact and law the revisional Court itsel......s own. Hence the appeal is allowed and remanded to the High Court Division for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ..Category: Property Law | Date: 22 Jul, 1990 | Hits: 43
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