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Mahinuddin (Md) and others Vs. Controller of Examination, Dhaka University and others, 1991, 20 CLC (HCD)

....s Council were of the view that the said examination was held in a peaceful, proper and fair manner and no irregularities or unfair means were at all adopted. It is further stated that almost all the members of the Teachers Council were invigilators and they conducted the examination in fair, smooth......) Vs. Controller of Examination, Dhaka University and others.......................Respondent Judgment November 6, 1991. Cases Referred To- Messers Farid Sons Ltd. Vs. Government of Pakistan, PLD 1961 (SC) 537; Chief Commissioner Karachi Vs. Mrs. Dina Sohrah Katrak, PLD 1959 (SC) 4...... lawful authority and the same are of no legal effect. In the result, both the Rules are made without however any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 292...

Category: Others | Date: | Hits: 153

Buddhi Sankar Biswas Vs. Akbar Ali Sheikh, 1991, 20 CLC (HCD)

....de of Civil Procedure for rehearing of the Civil Revision Case No.1181 of 1980 is hereby rejected without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 242. ......igh Court of Mysore. Travencore and Andhra Pradesh in AIR, 1953 Mys. 152, AIR. 195 Trav-Co 439 and AIR, 1959. Andh. Pra‑321 also expressed the same opinion. Lastly, the erstwhile High Court of West Pakistan in two cases, namely, Jalal Din and another Vs. Major Muhammad Akram Khan and others, repor......de of Civil Procedure for rehearing of the Civil Revision Case No.1181 of 1980 is hereby rejected without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 242. ..

Category: Property Law | Date: | Hits: 90

Tofail Ahmed Vs. Chairman, Anti-Corruption Commission and others, 2010, 39 CLC (HCD)

....copy of this judgment be immediately transmitted to the respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 33; 15 MLR (HCD) (2010) 177. ......articipated in the War of Liberation in 1971. In course of his political career, he was unjustly and unlawfully detained and imprisoned by various military and dictatorial Governments both during the Pakistan period and the post-liberation period of Bangladesh. Even during the last BNP regime betwee......copy of this judgment be immediately transmitted to the respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 33; 15 MLR (HCD) (2010) 177. ..

Category: Anti-Corruption Laws | Date: | Hits: 200

State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)

....ot dispute the death of these 5 persons namely Azimuddin, Suruj, Chand Mia, Abdul Ahad and Abu. 16. It is stated by the prosecution witnesses that Abu was killed in the cross‑fire while he was a member of the lawful assembly who participated in the occurrence. The vital question is who is respo...... PLD 1975 (SC) 617; AIR 1957 (SC) 469; PLJ 1975 (SC) 406; 1983 PCLJ 628, 1175; PLD 1960 Lah. 990; 12 DLR (WP) 92; All 1951 Punj‑137; ILR 1951 Panj‑202; 52 CIJ‑1517; Sarfraz Khan Vs. Crown, All Pakistan Legal Decision, 1953, Federal Court Page 317; Inayatullah and another Vs. State, 1966 PLD (......r Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267...

Category: Criminal Law | Date: | Hits: 111

Abul Hasnat Mohammad Mohsin Vs. Dilruba Aktar and another, 2009, 38 CLC (AD)

....portation or imprisonment for a term exceeding one year, or with the fine exceeding ten thousand taka, or with both." The learned Counsel finally sub­mitted that "the appellant is the only earn­ing member of his family consisted of 7 members. He has 1 (one) son and 2(two) daughters namely, Tanvir ......suf­fer imprisonment for more than 15 days. Accordingly, the petition is dismissed with the modification of the sentence as above only. Ed. This Case is also Reported in: VIII ADC (2011) 314.......suf­fer imprisonment for more than 15 days. Accordingly, the petition is dismissed with the modification of the sentence as above only. Ed. This Case is also Reported in: VIII ADC (2011) 314...

Category: Family Law | Date: | Hits: 185

Kumudini Hospital Vs. Kumudini Hospital Karmachari Union & others., 1977, 6 CLC (HCD)

....4 and 625 of 1974 are made absolute and the Rule in Petition No. 306 of 1976 is hereby discharged. There will be no orders as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 655. ......ake it an industry. The Cholera Research Laboratory has been set up by an agreement dated 30.12.1961 between the Director of US Operation Mission and the Ministry of Finance of the then Government of Pakistan and it has been financed by charity, gifts, donations of other countries and the services r......4 and 625 of 1974 are made absolute and the Rule in Petition No. 306 of 1976 is hereby discharged. There will be no orders as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 655. ..

Category: Labour and Industrial Law | Date: | Hits: 123

Badsha (Md.) Miah and others Vs. Soleman Nessa Bibi and others, 1988, 17 CLC (HCD)

.... and he seeks 2(two) months' time for the purpose. The prayer is allowed. Let the operation of this judgment be stayed for 2 (two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646....... number of decisions namely, 15 DLR (SC) 181, 16 DLR 637, 22 DLR (SC) 86 and 34 DLR (AD) 29. 16. In paragraph 17 of the case reported in 15 DLR at page 188 their Lordships of the Supreme Court of Pakistan, observed as follows: "The Courts must lean against giving a statute retrospective opera...... and he seeks 2(two) months' time for the purpose. The prayer is allowed. Let the operation of this judgment be stayed for 2 (two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646...

Category: Property Law | Date: | Hits: 70

Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)

.... not dispute the death of these 5 persons namely, Azimuddin, Suruj, Chand Mia, Abdul Ahad and Abu. 16. It is stated by the prosecution witnesses that Abu was killed in the crossfire while he was a member of the unlawful assembly who participated in the occurrence. The vital question is, who is re......red to- PLD 1975 SC 617; AIR 1957 SC 469; PLJ 1975 SC 406; 1983 PCLJ 628; 1175, PLD 1960 Lah. 990; 12 DLR (WP) 92; AIR 1951 Punj 137; ILR 1951 Panj 202; 52 CLJ‑1517; Sarfraz Khan Vs. Crown, All Pakistan Legal Decisions, 1953 (FC) page 317; Enayetullah and another Vs. The State, PLD, 1966, Laho...... Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ..

Category: Criminal Law | Date: | Hits: 68

Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)

....nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ......together with electric, water and sanitary fittings and fixtures, etc." 4. The case of the plaintiff‑respondent, in brief, is that while he was serving in the then Industrial Development Bank of Pakistan, he married the appellant on the 1st of February, 1962, that out of the wedlock they were b......nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ..

Category: Property Law | Date: | Hits: 110

Nizamul Haque and Others Vs. Singa Bangla Garment Manu­facturing Company (Pvt) Ltd., 1990, 19 CLC (HCD)

.... or in holding the statutory meetings; (iii) if the company does not commence its business within a year from its incorporation, or suspends its business for a whole year; (iv) if the number of members is reduced, in the case of a private company, below two or, in the case of any other company......ain a stay order from the Appellate Court. The prayer is allowed and this judgment will come into operation just after two weeks from date. Ed. This Case is also Reported in: 43 DLR (1991) 603. ......ain a stay order from the Appellate Court. The prayer is allowed and this judgment will come into operation just after two weeks from date. Ed. This Case is also Reported in: 43 DLR (1991) 603. ..

Category: Company Law | Date: | Hits: 190

Abul (Md.) Kashem & others Vs. Ashrafuzzaman, 1990, 19 CLC (HCD)

....of the case within three months of the receipt of the copy of this judgment. Let a copy of this order be transmitted to the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 596. ................Petitioner Vs. Ashrafuzzaman...........................................Opposite Party. Judgment July 30, 1990. Cases Referred to- Keramat Ali Bepari Vs. Province of East Pakistan, 22 DLR 646; Syed Ahmed Vs. Keshab Chandro and another, 1988 BLD 60. Lawyers Involved: ......of the case within three months of the receipt of the copy of this judgment. Let a copy of this order be transmitted to the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 596. ..

Category: Civil Law | Date: | Hits: 94

Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)

....of course, PW 1 Abdul Gani had previous enmity with the accused‑appellants over land and other matters and for that he has falsely implicated them in this case including accused Abdul Hye who was a member of the Union Parishad. The learned Additional Sessions Judge in consideration of the evidence......Serajul Islam and others, 4 BCR 1984 (AD) 401; Singaram and another, AIR 1954 (Madras) 152; Fateh Sher and another Vs. the Crown, PLD 1956 (Lahore) 157; 1972 Pak. SCMR 685 and 1973 Pak. SCMR 83; 1971 Pakistan SCMR 432, Hakim Ali and 4 others Vs. the State and another; Md. Ali Haider & Ors. vs. The S......are acquitted of the charges levelled against them. Let the appellants be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 573. ..

Category: Criminal Law | Date: | Hits: 82

Bangladesh Vs. Dewan Obaidur Reza Chowdhury and Others, 1990, 19 CLC (HCD)

....are upheld. In the facts and circumstances of the case, there will be no order as to costs. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 43 DLR (1991) 551. ......nha, Advocate ‑ For the Respondents. Second Appeal No. 1470 of 1968. Judgment Muhammad Ansar Ali J. - This Second Appeal at the instance of the contesting defendant No. 2, Province of East Pakistan, now Bangladesh is directed against the judgment and decree dated 14th February, 1968 passe......are upheld. In the facts and circumstances of the case, there will be no order as to costs. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 43 DLR (1991) 551. ..

Category: Property Law | Date: | Hits: 101

Sattar Match Works and others Vs. Bangladesh Chemical Industries Corporation and others, 1990, 19 CLC (HCD)

....ith Sattar Match Works. With the above direction and observation this application is disposed of but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 532. ......d on their business under the name of "Sattar Match Works" for some time and thereafter the owners constituted themselves into a private limited company under the Companies Act, 1913, by the name of "Pakistan Manufacturers and Industries Limited" and ownership of Sattar Match Works at Shyampur, Dhak......ith Sattar Match Works. With the above direction and observation this application is disposed of but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 532. ..

Category: Intellectual Property Law | Date: | Hits: 264

Motaleb @ Mutu and others Vs. State, 1990, 19 CLC (HCD)

.... one accused named Jharu Meah and final report was submitted against the petitioners. After being apprehended accused Jharu Meah made a judicial confession before a Magistrate admitting that he was a member of the Sharbahara party and he killed Shahabuddin. The learned Upazila Magistrate, Raipura on......ideration of materials on record. In the result, the Rule is discharged with the above observation and modification of the impugned order. Ed. This Case is also Reported in: 43 DLR (1991) 519.......ideration of materials on record. In the result, the Rule is discharged with the above observation and modification of the impugned order. Ed. This Case is also Reported in: 43 DLR (1991) 519...

Category: Criminal Law | Date: | Hits: 67

Bangladesh Vs. Unimarine SA Panama and other, 1977, 6 CLC (HCD)

....t-appellant but in view of our judgment there is no necessity of passing any order in the revisional application. ATM Afzal J.- I agree. Ed. This Case is also Reported in: 29 DLR (1977) 252. ......e application if read with the plaint suffers from no infirmity in so far as requirements of Order 38, rule 5 are concerned. 14. It is necessary to mention the principle correctly laid down by the Pakistan Supreme Court though under different facts, in the case of Mohiuddin Molla Vs. The Province......t-appellant but in view of our judgment there is no necessity of passing any order in the revisional application. ATM Afzal J.- I agree. Ed. This Case is also Reported in: 29 DLR (1977) 252. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 240

State Vs. Md. Ali Kibria @ Shahzijahan and others, 1990, 19 CLC (HCD)

....d prisoner came to that house 7 days before the occurrence took place and thus according to tier own version she (PW 2) got the chance to see condemned prisoner once therefore it is not possible to remember appellant's face and other features of the condemned prisoner and further she did not disclos......m consideration. In support of his contention decision in the case of Waris and others Vs. The State reported in 13 DLR 1961 (WP) page 5 has been relied upon and also on the decision reported in 1982 Pakistan Criminal law Journal page 720. It is further submitted by the learned Advocate for the cond......side. The condemned prisoner Mohammad Ali Kibria alias Shahjahan is set at liberty forthwith if not wanted in connection With any other case. Ed. This Case is also Reported in: 43 DLR (1991) 512...

Category: Criminal Law | Date: | Hits: 93

Farzana Huq Vs. Bangladesh, 1990, 19 CLC (HCD)

....t Narsingdi now detained in Dhaka Central Jail be set at liberty forthwith and to report compliance of the order to this Court within a week. Ed. This Case is also Reported in: 43 DLR (1991) 501....... Calcutta and others, AIR 1974 (SC) 1336; Ship Ratan Makin; Vs. Union of India, AIR 1986 (SC) 610; Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 40 DLR (AD) 178; Government of East Pakistan Vs. Rowshan Bijaya Shaukat Ali Khan 18 DLR (SC) 214; Abdul Latif Mirza Vs. Government of Ba......t Narsingdi now detained in Dhaka Central Jail be set at liberty forthwith and to report compliance of the order to this Court within a week. Ed. This Case is also Reported in: 43 DLR (1991) 501...

Category: Constitutional Law | Date: | Hits: 287

Ahmed Kabir Vs. Haji Mazahar Ahmed and others, 1990, 19 CLC (HCD)

....ion of the suit after giving sufficient opportunity to both the parties. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 500. ...........................Petitioner Vs. Haji Mazahar Ahmed and others...............Opposite Parties. Judgment July 25, 1990. Cases Referred to- Keramat Ali Bepari Vs. Province of East Pakistan, 22 DLR 646; Syed Ahmed Vs. Keshab Chandra and another, 1988 AD 60. Lawyers Involved: ......ion of the suit after giving sufficient opportunity to both the parties. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 500. ..

Category: Procedural Law | Date: | Hits: 83

Investment Corporation of Bangladesh Vs. Bata Shoe Company (Bangladesh) Ltd., 1990, 19 CLC (HCD)

....mmon seal, with power, subject to the provisions of this Ordinance, to acquire, hold and dispose of any property and shall, by the said name, sue and be sued. Section 21(12) provides that it can be a member of the Stock Exchange in Bangladesh and undertake all the functions of a member. Section 21(1......further directed to issue and deliver the necessary share certificates in favour of the petitioner ­corporation without any further delay. Ed. This Case is also Reported in: 43 DLR (1991) 487. ......further directed to issue and deliver the necessary share certificates in favour of the petitioner ­corporation without any further delay. Ed. This Case is also Reported in: 43 DLR (1991) 487. ..

Category: Company Law | Date: | Hits: 208