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Bijoy Kumar Basak Vs. Narendra Nath Datta & others, 1990, 19 CLC (HCD)

....e No. 121 of 1984 which reads as follows: "That this OP No.1 is ready to do the hearing of the suit No.111 of 1981 OC anywhere in any court competent to try the suit within the territory of Bangladesh and due order may be passed in that direction but without leaving any scope for future de......h Court Division (Civil Revisional Jurisdiction) Present: AKM Amirul Islam Chowdhury J Muhammad Ansar Ali J Bijoy Kumar Basak.................................Petitioner Vs. Narendra Nath Datta & others............Opposite Party Judgment July 11. 1990......sult in his favour. Ultimately the present opposite party No.1 i.e. the plaintiff of OC Suit No.297 of 1972 obtained a compromise decree on 16.1.81 with the substituted heirs of deceased Raghu Nandan Shaha who meanwhile died. 3. Thereafter, the present petitioner i.e. defendant in the earlier s......he date of receipt of this order, in accordance with law. Let a copy of this order be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 43 DLR (1991) 68. ..

Category: Property Law | Date: 11 Jul, 1990 | Hits: 67

Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)

.... 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. ......Court High Court Division (Criminal Revisional Jurisdiction) Present: MS Ali J Habibur Rahman Khan J Dr. Md. Abdul Baten................................Petitioner Vs. The State..............................................Opposite Party Judgment J...... 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. ...... 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)

....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...... concur with the decision given by my learned brother. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 28. ......43 DLR (AD) (1991) 28. ..

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. ......de contradictory statements. 4. During the enquiry it has come to light that Mr. AKM Hedayetul Islam was the author of the false defamatory allegation that the Director had a plan to appoint Mr. Shahadat Hussain as Accounts Officer and instigated Mr. Md. Amjad Ali to bring aspersion on the Dire...... from him by serving a questionnaire on him. He replied to these queries and questions and thereafter a proceeding was drawn up against him charging him with misconduct on various grounds and one Mr. Md. Walled Hossain was appointed as Enquiry Officer to enquire into the charges against him. He show..

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) ......issed with the observation made above. In the facts and circumstances of the case there will be no order as to costs. Ed. ...... of these applications is not called for. The appellants can file fresh applications for winding up new or continuing causes of action. Cases Referred to- Amin Scales Ltd. & another vs. Md. Yakub, 1987 BLD (AD) 259; Suleka Works Ltd. AIR 1965 (Cal) 98. Lawyers Involved: Syed..

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. ......ent for 6 weeks. The prayer is refused. Ed. This Case is also Reported in: 43 DLR (1991) 54. ..

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

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. ...... 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 No.112 of 1982. Judgment ..

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

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. ......All these appeals are therefore dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 34. ......asad vs. Official Assignee of Calcutta, 52 CWN 342. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, M. Nurullah, Senior Advocate, (Mahmudul Islam, Advocate with him), instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Appellants (In Civil Appeal Nos.39 to 41 of 1986). ..

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

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. ...... 42 DLR (AD) 49. Lawyers Involved: Rabia Bhuiyan with AMMM Rahim, Advocates- For the Petitioner. Suranjit Sen Gupta with Subrata Chowdhury, Advocates ‑For the Respondent No.10. Md. Fazlul Karim, Advocate‑For the Respon­dent No.11. Writ Petition No.849 of 1990. ..

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

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. ...... 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 ‑For the Sta..

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

Sonali Bank Vs. Nurul Kader and another, 1990, 19 CLC (HCD)

....aw. Send a copy of the judgment to the learned District Judge for sending his report to this court as directed. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 21.   ......mudur Rahman J Sonali Bank………………………………………………….Petitioner Vs. Nurul Kader and another……………………&hel......aw. Send a copy of the judgment to the learned District Judge for sending his report to this court as directed. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 21.   ......ot fixed for hearing. Case Referred To- Sabilri Bala Vs. Rohini Kanta Mondal, 4 DLR 11; Brojendra Lal Roy Vs. Shyama Charan Das Chowdhury and o1hers, 11 DLR 180. Lawyers Involved: Md. Shahidul Hoque, Advocate‑For the Petitioner. No one appears-For the Opposite Party. ..

Category: Civil Law | Date: 5 Apr, 1990 | Hits: 1

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. ......on the ground that the petitioner is a wholesale dealer of fertilizer appoint­ed by the Bangladesh Agricultural Development Corporation (as stated in the complaint petition Annexure ­B by one Md. Shafiqul Huq). Respondent No.3 as appellate authority, in his impugned order date 20.2.90 (Annex..

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

Sonali Bank Vs. M/s Begg & Beg Jute Incorporated Limited & others, 1990, 19 CLC (HCD)

.... discretion in refusing the in­terest to the plaintiff. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 27. ...... (Civil Appellate Jurisdiction) Present: Nurul Huque Bhuiyan J Mainur Reza Chowdhury J Sonali Bank...............................................................Appellant Vs. M/s Begg & Beg Jute Incorporated Limited & others..............Respondents Jud...... discretion in refusing the in­terest to the plaintiff. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 27. ...... discretion in refusing the in­terest to the plaintiff. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 27. ..

Category: Civil Law | Date: 1 Apr, 1990 | Hits: 79

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

....ts. Ed. This Case is also Reported in: 43 DLR (1991) 7. ......e Court High Court Division (Civil Revisional Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Bangladesh Leaf Tobacco Company Ltd........................Petitioner Vs. Md. Abdul Mannan and others.....................................Opposite Parties Judgm......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. ...... High Court Division (Civil Revisional Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Bangladesh Leaf Tobacco Company Ltd........................Petitioner Vs. Md. Abdul Mannan and others.....................................Opposite Parties Judgment ..

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

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

....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......ourt High Court Division (Appellate Jurisdiction) Present: Md. Ismailuddin Sarker J Muhammad Ansar Ali J Sheikh Salimuddin................................Appellant Vs. Ataur Rahman and others........................Respondents Judgment March 15, 199......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. ......the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 18. ..

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

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

....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......gh Court Division (Criminal Appellate Jurisdiction) Present: Syed Fazle Ahmed J Muhammad Ansar Ali J Ataur Rahman & others ...............................Appellants Vs. The State.......................................................Respondent Judgment ......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. ......a cognizable offence to the police and set the law in motion. Therefore, non‑mention of bench in front of Ansar Ali's shop cannot be said to be embellishment on prosecution case. 10. P.W.2 Md. Nurul Islam stated in his evidence that on the date of occurrence at about 6‑30 PM he was sitt..

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

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

....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......ad Abdur Rouf J Badrul Islam Chowdhury J Abdul Momen Bhuiyan…………………………………….Petitioner Vs. Haji Payez Ali Mia and others.......................Opposite Parties Judgment Mar......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. ..

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

Anisuzzaman Vs. State, 1990, 19 CLC (HCD)

....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...... High Court Division (Criminal Appellate Jurisdiction) Present: A M Mahmudur Rahman J Anisuzzaman alias Anis @ Alinur Rahman @ Peara .............................Appellant Vs. The State .......................................................................................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. ......ustainable 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‑For the Appellant. SA Hasan AAG‑For the St..

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

Moynul Hasan and others Vs. Nazmul Haq @ Nazmul Hasan and others, 1989, 18 CLC (HCD)

.... impugned order of the learned Subordinate Judge. In the result, the Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 82. ...... High Court Division (Civil Revisional Jurisdiction) Present: Mohammad Abdur Rouf J AKM Sadeq J Moynul Hasan and others...................................Petitioners Vs. Nazmul Haq @ Nazmul Hasan and others.............Opposite Parties Judgment Novemb...... impugned order of the learned Subordinate Judge. In the result, the Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 82. ...... impugned order of the learned Subordinate Judge. In the result, the Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 82. ..

Category: Limitation Law | Date: 28 Nov, 1989 | Hits: 219

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

....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...... 349. ......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. ......l is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ..

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