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Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)

....e trial Court dismissing the suit is hereby restored. The rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 291. ......of oral agreement, the plaintiffs are to prove the contract by cogent and reliable evidence to avoid false and got up claims...........................(10) Cases Referred to- Al‑Haj Ahmed Hossain Khan Vs. Rezaur Rahman, 42 DLR (AD) 225; Amal Kumar Moitra Vs. Md. Mashiur Rahman, 30 DLR (S......Reported in: 44 DLR (HCD) (1992) 291. ......t here. Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Habibur Rahman Khan J Jonab (Md.) Ali …………….................Petitioner Vs. Md Moslemuddin and another………….…Opposite Parties Judgment June 3, 1991..

Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958

Nilkhi Arial Kha Matsyajibi Samabaya Samity Ltd. Vs. Secretary, Ministry of Land and others, 1991, 20 CLC (HCD)

....nt No.4) shall put the fishery in question in public auction on 1st or 2nd Baisakh, 1399 BS or within a week from 1st Baisakh, 1399 BS. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 1. ......titioner Vs. The Secretary, Ministry of Land and others ..............Respondents Judgment May 30, 1991. Lawyers Involved: Subrata Chowdhury, Advocate ‑ For the Petitioner. QA Hossain, Assistant Attorney General ‑ For the Respondent No.1. SS Halder with Shahed Alam, Advo...... (Annexure‑F 1) passed by the Additional Commissioner, Dhaka Division (Respondent No.3) and the order dated 27.2.90 in Appeal Case No.2‑52/89 (Jalmahal) (Madaripur) passed by Mr. Md. Monsurul Huq Khan, Member-1 Land Appeal Board, Dhaka upholding the aforesaid order dated 18.12.89 passed by the r......e Hussain Mohammad Habibur Rahman J Mainur Reza Chowdhury J Nilkhi Arial Kha Matsyajibi Samabaya Samity Ltd. represented by its President Md. Alimuzzaman Khalashi.................Petitioner Vs. The Secretary, Ministry of Land and others ..............Respondents Judgment May 30, ..

Category: Property Law | Date: 30 May, 1991 | Hits: 85

Tapash Nandi Vs. State and others, 1991, 20 CLC (HCD)

....ial continue and come to an end as would be desired by both the parties. Communicate this order to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 26. ......e Parties Judgment March 28, 1991. Case Referred Uo- 42 DLR (HCD) 297. Lawyers Involved: SS Haldar with RC Moitra, Advocates ‑ For the Petitioner. Khandker Mahbub Hossain with Khandker Gulzar Hossain, Advocates ‑ For the Opposite Parties. Shah Azizur Rahma...............Opposite Parties Judgment March 28, 1991. Case Referred Uo- 42 DLR (HCD) 297. Lawyers Involved: SS Haldar with RC Moitra, Advocates ‑ For the Petitioner. Khandker Mahbub Hossain with Khandker Gulzar Hossain, Advocates ‑ For the Opposite Parties. S...... High Court Division (Criminal Revisional Jurisdiction) Present: Anwarul Haque Chowdhury J Badrul Islam Chowdhury J Tapash Nandi ..........................Petitioner Vs. State and others.................Opposite Parties Judgment March 28, 1991. C..

Category: Women and Children | Date: 28 Mar, 1991 | Hits: 86

Rahela Khatun Vs. Chairman, Court of Settle­ment, Bangladesh Abandon­ed Buildings, 1991, 20 CLC (HCD)

....ttlement in case No.1043 of 1987 as evidenced by Annexure I to the petition is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 5. ......n­ed Buildings, Segunbagicha, Ramna, Dhaka and others.................Respondents Judgment March 12, 1991. Lawyers Involved: Mahfuzur Rahman, Advocate ‑ For the Petitioner. Q Akhtar Hossain, Assit. Attorney‑General ‑ For the Respondent No. 2. Writ Petition No. 398 of 1989. ......ttlement in case No.1043 of 1987 as evidenced by Annexure I to the petition is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 5. ...... DLR (HCD) (1993) 5. ..

Category: Property Law | Date: 12 Mar, 1991 | Hits: 77

Dhanu Mia (Md) and another Vs. The State, 1991, 20 CLC (AD)

....of the Deputy Commissioner, Comilla till disposal of the Criminal Appeal No.137 of 1988 now pending in the High Court Division. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121. ......rt Division ought to have exercised his judicial discretion in the matter of granting bail to the appellants. Lawyers Involved: Sajjadul Huq, Advocate-on-Record-For the Appellants. B Hossain, Deputy Attorney-General, instructed by Sharifuddin Chakiader, Advocate-on- Record-For the R......of the Deputy Commissioner, Comilla till disposal of the Criminal Appeal No.137 of 1988 now pending in the High Court Division. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121. ...... Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Dhanu Mia (Md) and another....................Accused-Appellants Vs. The State..............................................Respondent Judgment Feb..

Category: Criminal Law | Date: 25 Feb, 1991 | Hits: 45

Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)

....the rule and we must not be understood to have expressed any opinion about the merit of the Criminal Proceeding sought to be quashed. Ed. This Case is also Reported in: 43 DLR (1991) 150. ......Case is also Reported in: 43 DLR (1991) 150. ....... This Case is also Reported in: 43 DLR (1991) 150. ......me Court High Court Division (Criminal Revisional Jurisdiction) Present: Abdul Bari Sarker J Habibur Rahman Khan J Hossain Mohammad Ershad..............Petitioner Vs. The State…………………………&h..

Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92

Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)

.... stayed for 15 days from today. The Rule is accordingly discharged. Communi­cate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ......tody and be given to her parent or be set at her liberty. In the case of Sukhendra Chandra Das Vs. the Secretary, Ministry of Home Affairs, reported in 42 DLR 79 a Division Branch comprising of Fazal Hossain Mohammad Habibur Rahman, and Mahmudul Amin Chowdhury JJ observed as follows: "In the p...... stayed for 15 days from today. The Rule is accordingly discharged. Communi­cate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ...... High Court Division (Criminal Revisional Jurisdiction) Present: ARM Amirul Islam Chowdhury J Badrul Islam Choudhury J Sumati Begum....................Petitioner Vs. 1. Rafiqueullah, 2. The State .........................Opposite‑Parties Judgment ..

Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157

Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)

.... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ...... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ......at the First Miscellaneous Case has been preferred before this Court by the Coal Controller, Directorate of Coal, Government of Bangladesh which is heard and disposed of by this Judgment. 3. Mr. Khandaker Mahbubuddin Ahmed, he learned Advocate appearing for the appellant, submitted that the imp......Court High Court Division (Civil Appellate Jurisdiction) Present: Anwarul Haque Chowdhury J Kazi Ebadul Hoque J Coal Controller..........................Appellant Vs. Ventura Industries Ltd…………………Respondent ..

Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5

Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)

....tension by Annexure 'C' dated 24.2.97 and 23.5.97 respectively to the petition are declared to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ......tension by Annexure 'C' dated 24.2.97 and 23.5.97 respectively to the petition are declared to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ...... Vohra Vs. The State and others, BCR 1987 HCD page 251; Dr. Nurul Islam Vs. Bangladesh, Ministry of Health and Population Control aid others, 33 DLR (AD) page 201. Lawyers Involved: Abdul Wadud Khandker, Advocate ‑ For the Petitioner. Abdul Wadud Bhuiyan, Additional Attorney ­General ‑......44. ..

Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184

Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)

....the reasons stated above, I set aside the judgment and decree of the lower appellate Court and restore those of the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 57. ......the reasons stated above, I set aside the judgment and decree of the lower appellate Court and restore those of the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 57. ......ertaining to CS Dag No. 220 of Khatian Nos. 26, 27, and 35 of Mouza Daosa, PS Fulbaria District Mymensingh. Their case was, inter alia, that the land belong to 3 different groups of people. Wazid Ali Khan Punni, Ambika Charan and Bankim Charan and Kulada Charan were the original owners of land khati......CD) (1994) 57. ..

Category: Property Law | Date: 30 Jan, 1991 | Hits: 2

Bangladesh Inland Water Transport Corpn & ors Vs. Nazma Flour Mills Ltd. & others, 1991, 20 CLC (AD)

....se under section 73 of the Evidence Act. We find no substance in this appeal and it is, accordingly, dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 122. ......se under section 73 of the Evidence Act. We find no substance in this appeal and it is, accordingly, dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 122. ......se under section 73 of the Evidence Act. We find no substance in this appeal and it is, accordingly, dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 122. ...... Division (Civil) Present: MH Rahman J Mustafa Karnal J Latifur Rahman J Bangladesh Inland Water Transport Corporation and others……..Appellants Vs. Nazma Flour Mills Ltd. & others………………&hellip..

Category: Procedural Law | Date: 30 Jan, 1991 | Hits: 108

Baneazuddin Ahmed and others Vs. The State, 1991, 20 CLC (AD)

.... on bail already granted, till disposal of the Criminal Revision No. 21 of 1989 pending before the High Court Division, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 123. ......y followed in the High Court Division in revision. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on–Record-For the Appellants. B Hossain, Deputy Attorney-General, instructed by M Nowab Ali, Advocate-on-Record-For the Respondent. ...... on bail already granted, till disposal of the Criminal Revision No. 21 of 1989 pending before the High Court Division, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 123. ...... (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Baneazuddin Ahmed and others ............................Accused-Appellants Vs. The State................……………Respondent Judgment..

Category: Criminal Law | Date: 15 Jan, 1991 | Hits: 42

Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)

....us standi to file this application and to pursue the matter since the petitioner ceased to be a share‑holder of the company having sold his entire shareholding 1000 shares in the company to Mr. Md. Humayun Kabir of 18 CWS(C) South Avenue, Gulshan, Dhaka effective from 20.8.89. It is further stated...... d) Mrs. Mary Hoq Respon­dent No.6 1000 Mr. Md. Han­if. e) Alhaj AB Moinuddin Hossain, Respondent No.7. 1000 Mr. Hafizur Rahman Bhuiya. ...... The application is thus allowed. Mr. Nayeem prays for stay of operation of this judgment for four weeks. The prayer is allowed. Ed. This Case is also Reported in: 43 DLR (1991) 99. ......ourt High Court Division (Original Civil Jurisdiction) Present: Md. Mozammel Hoque J Md. Ismail Siddique.......................................................Petitioner Vs. M/s. Crescent Apparels (Private) Ltd. and others...............Respondents Judgment ..

Category: Company Law | Date: 19 Dec, 1990 | Hits: 195

State Vs. Md. Shafiqul Islam alias Rafique and another, 1990, 19 CLC (AD)

....espondent No. 1 is directed to surrender to his hail bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ......e, but it lends weight to the circumstantial evidence against him. Cases Referred to- Kasiruddin Sarkar Vs. State 24 DLR 164; Siraj Vs. Crown, 9 DLR SC 177. Lawyers Involved: B Hossain, Advocate‑on ‑Record ‑ For the Appellant. Sharifuddin Chaklader, Advocate‑onâ€......espondent No. 1 is directed to surrender to his hail bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ......ahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J The State, represented by the Solicitor to the Government of the People's Republic of Bangladesh ......Appellant Vs. Md. Shafiqul Islam alias Rafique and another........................Respondents Judg..

Category: Criminal Law | Date: 12 Dec, 1990 | Hits: 104

Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)

....k is to avoid a clutter which cannot be used as a sorting device for ascertaining facts at the last court of the country. Ed. This Case is also Reported in:  43 DLR (AD) (1991) 144. ......five years and enjoying all the emoluments and other benefits must fail. Cases Referred to- Anwarul Huq Khan Vs. Govt. of Bangladesh & ors. 31 DLR 21; Govt. of Bangladesh Vs. Md. Ismail Hossain 31 DLR (AD) 127; Hartwell Prescott Singh Vs. The Uttar Pradesh Govt. & ors. AIR 1953 (SC...... a vested right to the post of IPO by virtue of his acting in that capacity for about five years and enjoying all the emoluments and other benefits must fail. Cases Referred to- Anwarul Huq Khan Vs. Govt. of Bangladesh & ors. 31 DLR 21; Govt. of Bangladesh Vs. Md. Ismail Hossain 31 DLR...... ..

Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112

Tayeb Ali Vs. Abdul Khaleque and others, 1990, 19 CLC (AD)

....any time the present suit is not maintainable without a prayer for partition. Hence the appeal is dismissed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 87. ......resent suit is not maintainable without a prayer for partition. Lawyers Involved: N H Khandkar, Advocate-on-Record-For the Appellant. SR Pal, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent No. 1. Ex parte-Respondent Nos.2‑10. Ci...... land and there being no evidence that the donor thereof was in exclusive possession at any time, the present suit is not maintainable without a prayer for partition. Lawyers Involved: N H Khandkar, Advocate-on-Record-For the Appellant. SR Pal, Senior Advocate, instructed by Md. Aft......ppellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J Mustafa Kamal J Latifur Rahman J Tayeb Ali................................Appellant Vs. Abdul Khaleque and others.... Respondents Judgment November 27, 1990. Res..

Category: Property Law | Date: 27 Nov, 1990 | Hits: 47

Shambhu Nath Poddar Vs. Bangladesh Railway and others, 1990, 19 CLC (AD)

....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.   ......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.   ......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.   ......vil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Shambhu Nath Poddar.....................Plaintiff-Appellant Vs. Bangladesh Railway and others....................... ..Defendant-Respondent Judgment..

Category: Civil Law | Date: 19 Nov, 1990 | Hits: 107

The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)

....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. ......ished evidence given by other witnesses who got no grudge or enmity whatever with the accused. Case Referred to- Golam Mohammad Vs. Sharif, 21 DLR (SC) 206. Lawyers Involved: B Hossain, Advocate-on-Record-For the Appellant. Sirajul Huq, Senior Advocate, instructed by Sha......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. ......tafa Kamal J Latifur Rahman J The State, represented by the Solicitor to the Govern­ment of the People's Republic of Bangladesh ....................................Appellant Vs. Ashraf Ali alias Ashraf & another........................Respondents Judgment ..

Category: Criminal Law | Date: 14 Nov, 1990 | Hits: 88

Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)

....ment have been made and/or passed without any lawful authority and are of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 12.......ali Bank and others, 37 DLR (AD) 42; Government of Bangladesh Vs. Mirza Shahab Ispahani 40 DLR (AD) 177. Lawyers Involved: T H Khan with MA Wahab Mia, Advocates - For the Petitioners. Delwar Hossain, AAG with Hosne Ara Ahsan, Advocates ‑ For the Respondents. Writ Petition No.381 of 199......0. Cases Referred to- M/s. Gannysons Ltd. and another Vs. Sonali Bank and others, 37 DLR (AD) 42; Government of Bangladesh Vs. Mirza Shahab Ispahani 40 DLR (AD) 177. Lawyers Involved: T H Khan with MA Wahab Mia, Advocates - For the Petitioners. Delwar Hossain, AAG with Hosne Ara Ahsan......D) (1993) 12...

Category: Property Law | Date: 5 Nov, 1990 | Hits: 95

Karimunnessa Begum Chowdhurani and others Vs. Niranjan Chowdhury and another, 1990, 19 CLC (AD)

....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. ...... tact the original holding or holdings. Cases Referred to- Salimuddin Mondal Vs. Mohitosh Biswas, 14 DLR 796, Baba Huq Vs. Laljan, 8 DLR 362, Makhan Lal Vs. Reazuddin Sepai 13 DLR 323, Diam Hossain Vs. Haran Das, 13 MR, 283, Mosammat Asimon Nessa vs. Md. Akbar Ali Sheikh and others, 19 DLR......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. ...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Karimunnessa Begum Chowdhurani and others………………..Appellant Vs. Niranjan Chowdhury and another ………Respondents Judgment No..

Category: Property Law | Date: 1 Nov, 1990 | Hits: 40