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Shoaib (Md.) Vs. Uttara Bank Ltd. and another, 1990, 19 CLC (HCD)
....e petitioner by its letter dated 15‑4‑84 that the Board of Directors in its meeting held on 7‑4‑84 decided that the persons to whom any share or shares were transferred may be recognised as a member Shareholder of the company provided the instrument of transfer was duly stamped and approved ......titioner. 2. It is stated in the application that the respondent No.1 in the name of Eastern Banking Corporation was incorporated as Public Limited Company under the Companies Act in the then East Pakistan with its registered office at Dhaka. One Mr. S Khurshid Anwar was allotted and issued 969 B......rtificates and original instruments of transfer of share on furnishing the photo copies of the same duly certified by the learned Advocate. Ed. This Case is also Reported in: 43 DLR (1991) 329. ..Category: Company Law | Date: | Hits: 175
Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....d 19.11.86 as at Annexure 'H' and Tare declared to be without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ......inal Motion. Against this decision of the Additional Sessions Judge, 3rd Court, Bakerganj, a revisional application being Criminal Revision No. 547 of 1957 was preferred before the High Court of East Pakistan, as it was then. The High Court also rejected the said revisional application upholding the......d 19.11.86 as at Annexure 'H' and Tare declared to be without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ..Category: Property Law | Date: | Hits: 63
Deputy General Manager, Rupali Bank Ltd. Vs. Shah Jalal and others, 1990, 19 CLC (HCD)
....hin the jurisdiction of such Tribunal. 8. My view finds support from the decision in the case of Md. Shahabuddin Vs. Janata Bank & others 41 DLR 94. In that case one Md. Shahabuddin, who was a member of the Clerical Staff Chak Bazar Branch, Barisal of the same Janata Bank brought a suit in 19......decision by the Trial Court on very independent issues without making any piecemeal of them." The Rule is, accordingly, discharged without Ed. This Case is also Reported in: 43 DLR (1991) 193.......decision by the Trial Court on very independent issues without making any piecemeal of them." The Rule is, accordingly, discharged without Ed. This Case is also Reported in: 43 DLR (1991) 193...Category: Employment/Service Law | Date: | Hits: 64
Mahbubur Rahman Khan @ Tipu Vs. State, 1993, 22 CLC (HCD)
....pugned judgment. In the result, the appeal is dismissed. Let the LC Record of the case be sent down to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 117. ......ook that person with a revolver and ammunition under his control and on his query that man disclosed his name as Mahbubur Rahman Khan. Then he with the help of witnesses present seized marked 32 bore Pakistan made revolver No. B B 1448 with a live bullet and empty shells of 3 fired bullets and obtai......pugned judgment. In the result, the appeal is dismissed. Let the LC Record of the case be sent down to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 117. ..Category: Criminal Law | Date: | Hits: 75
State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
.... allegations are made for collateral purpose but not for securing justice for the victim. vii) there is a compelling circumstance for grating such bail. 43. In this connection, we should all remember that the power to grant bail, an anticipatory one, should not be exercised arbitrarily. T...... be the determining factor in regard to the exercise of the power." 18. But 4 (four) years later the above view expressed in Hidayat Ullah Kha’n case was dissented from by the Federal Court of Pakistan in the case of Crourt Vs. Khushi Muhammad 5 DLR (FC) 86. Abdur Rashid CJ held: "It appea......rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ..Category: Criminal Law | Date: | Hits: 89
Gura Meah Vs. Hari Pada Parial & others, 1990, 19 CLC (HCD)
....ubstance in this appeal for what have been discussed above. In the result, the appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 181.......e of a person not a party to the. suit who is affected by the order he has no right, but the Court of appeal may in its allow him to prefer an appeal.” The learned Judges of the Supreme Court of Pakistan in the case of H M Saya & Co. also took the similar view. On merit the appellant has no......ubstance in this appeal for what have been discussed above. In the result, the appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 181...Category: Property Law | Date: | Hits: 69
Chairman, Rural Electrification Board Vs. Md. Awlad Hossain and Others, 2010, 39 CLC (AD)
.... spans. The present respondent No.1 without permission of the said Board and without any reasonable or satisfactory explanation visited China from 17.05.2007 to 06.06.2007 for 20 days where the other members of the said inspection team in accordance with the said Government order visited Chaina from......e petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 73, 31 BLD (AD) (2011) 73, 16 BLC (AD) (2000) 111 & 8 LG (AD) (2011) 85. ......e petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 73, 31 BLD (AD) (2011) 73, 16 BLC (AD) (2000) 111 & 8 LG (AD) (2011) 85. ..Category: Employment/Service Law | Date: | Hits: 175
Abdul Kader (Md.) Vs. Md. Abdul Rafi Prodhan and other, 1989, 18 CLC (HCD)
....e, I find no substance in this Rule. The Rule is, accordingly, discharged with costs. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 166.......e, I find no substance in this Rule. The Rule is, accordingly, discharged with costs. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 166.......e, I find no substance in this Rule. The Rule is, accordingly, discharged with costs. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 166...Category: Election Law | Date: | Hits: 130
Anwar Hossain Majhi Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)
....showed his arrogant attitude against the local administration. It is denied on behalf of the contesting respondent No. 1 that the ab6ve mentioned criminal cases are the products of connivance of some members of the locality with the local administration. It is also stated that the petitioner's licen......allow the petitioner to enter into his office immediately. 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) 155.......allow the petitioner to enter into his office immediately. 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) 155...Category: Election Law | Date: | Hits: 121
Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ......ding a social function there and before her return from Karachi Bangladesh became independent on 16th December, 1971. In view of the law and order situation then prevailing in Bangladesh and the then Pakistan she could not immediately come back to Bangladesh and was repatriated to Bangladesh from Pa......ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ..Category: Property Law | Date: | Hits: 78
Category: Employment/Service Law | Date: | Hits: 79
Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)
....ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ......erumal Pillai, AIR 1936 Madras 651; Abdul Barek Mia and others Vs. AMM Serajul Islam, 20 DLR 501; Delower Hossain Vs. Saber Ahmed Kutubi Chowdhury and others, 29 DLR 211; Kaysons Vs. National Bank of Pakistan, Karachi, PLD 1972 Karachi 174; Abdul Jalil Munshi and another Vs. Abu Bakr Siddique, 35 DL......ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ..Category: Procedural Law | Date: | Hits: 84
Durgarani Sarkar Vs. United Bank of India Ltd. and others, 1989, 18 CLC (HCD)
.... at the Bank's rate althrough till repayment of the same. 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) 121. ...... such final contract was ever made In between the parties. Moreover, a judicial notice may be taken to the facts that by virtue of the general notification in the year 1965, under the then Defence of Pakistan Ordinance, 1965, the properties of the defendant‑bank were declared as enemy property and...... at the Bank's rate althrough till repayment of the same. 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) 121. ..Category: Property Law | Date: | Hits: 70
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
....to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ......raham Vs. IT Officer AIR 1961 SC 609; Nesar Ahmed Vs. Government of Bangladesh 49 DLR (AD) 111; Bangladesh Bank Vs. Zafar Ahmed Chowdhury, 56 DLR (AD) 175; Kumudini Welfare Trust Vs. Province of East Pakistan, 12 DLR (SC) 17; Muhammad Amir Khan Vs. Controller of Estate Duty, PLD 1961 SC 119; Titaghu......to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ..Category: Civil Law | Date: | Hits: 113
Hasina Mawla Vs. Bangladesh Parjatan Corporation and another, 1992, 21 CLC (HCD)
....f facts upon which a court of law can reasonably and validly make an inference of waiver and/or acquiescence. As no specific agreement is necessary for raising such plea, it is equally important to remember that any and every act touching the transaction in which pre‑emptor may have taken part or ......d to be of no legal effect. 2. The case of the petitioner, in brief, is that she joined on 24.12.52 as the Tourist Information Assistant in the Department of Tourism of the Government of erstwhile Pakistan and the said post was renamed as Assistant Information Officer. After liberation of Banglad...... The impugned order (Annexure‑A) is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 112...Category: Employment/Service Law | Date: | Hits: 88
Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)
....ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ......er No.16 of 1972. 3. The Government contested the case alleging that the petitioner was an imposter and not the widow of late Abdul Khaleqe. Both Abdul Khaleqe and the petitioner were nationals of Pakistan. As the house property in question was left uncared for and the whereabouts of Abdul Khaleq......ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ..Category: Property Law | Date: | Hits: 73
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....g dao, lathi, iron rod and Khonta etc. attacked them with a view to dispossessing them from the said lands; that at the order of accused appellant Sarwar Kamal, the accused persons first gheraoed the members of the complainant party at the place of occurrence and then accused Mir Kashem, first gave ......tright. Under section 99 of the Penal Code, the right of private defence does not extend to the causing of more harm than it is necessary to cause for the Purpose of defence. Under section 104 of the Pakistan Penal code the right of private defence is circumscribed by the limits mentioned in section......ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ..Category: Criminal Law | Date: | Hits: 86
Babul and others Vs. State, 2011, 40 CLC (HCD)
....s incumbent upon them to explain the cause of his death. In absence of any such explanation, inference would be drawn that the appellants drowned him in the canal and to suppress the fact, misled the members of his family telling that he had gone to Chandragonj Bazar to ply rickshaw. The prosecution......other case. Since appellant No.3 Abdur Rab Chowkider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ......other case. Since appellant No.3 Abdur Rab Chowkider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 111
Abdul Khaleque Vs. State, 1992, 21 CLC (HCD)
.... wife living in the same house. On 12.8.86 victim Rahima Khatoon was assaulted by the accused appellant. On the next day i.e. 13.8.86 P.W.2 Abdur Rashid maternal uncle of the victim met Manir Hossain member at Sharsha when the said Manir Hossain informed him that Rahima Khatoon died taking poison an......s rigorous imprisonment. The impugned judgment is modified accordingly. Let the LC records be transmitted to the court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 75.......s rigorous imprisonment. The impugned judgment is modified accordingly. Let the LC records be transmitted to the court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 75...Category: Criminal Law | Date: | Hits: 78
Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)
.... the local enquiry on a complaint against the mutwalli of the above mentioned estate, the mutwalli is excluded from Mutwalliship and for the good administration of the Waqf estate a committee of five members mentioned below is approved temporarily for two years. Charge should be taken over from the ......the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70.......the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70...Category: Trust/Waqf Law | Date: | Hits: 157