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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. ......cess of the appeal and in that circumstances the learned Single Judge of the High Court 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......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. ..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. ...... 38 DLR 390 and 35 DLR (AD) 100; 38 DLR (AD) 95, 31 DLR (AD) 69, 30 DLR (SC) 28, 35 DLR 100; Bangladesh Vs. Tan Heng Hock, 31 DLR (AD) 69; Faruk Ahmed Vs. Abdul Kader Chowdhury, 38 DLR (AD) 19. Lawyers Involved: Kazi Shahadat Hossain with M Razaul Karim, Advocates ‑ For the Petitioner. ......ovember, 1973 which runs as follows : "(1) Anus and ammunition possessed shall be registered with the authority prescribed in paragraphs 36 and 37 of section (IV) of Chapter III‑Rules and Order of Arms Act Manual, 1924." 14. Mr. Kazi Shahadat Hossain, the learned Advocate for t..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. CommuniÂcate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ......HCD 44; Jahanara Begum @ Jotsna Rani Saha Vs. the State, 15 DLR 148; Kiran Bala Chowdhury Vs. the State, 17 DLR 544; Fatema Begum Urmila Rani Vs. Gageswar Nadi; the State 9 BLD (1989) page 469. Lawyers Involved: AKM Foiz, Advocate‑For the Petitioner. Nasiruddin Chowdhury with Abd......ence shall direct the child concerned to be produced before a Juvenile Court or where there is no Juvenile Co a court empowered under section 4 for making such orders as it may deem proper. 58. Order for committal of victimised children.- The court before which a child is produced in accordanc..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 ......ala High Court PK Therasia Vs. State AIR 1971 (Kerala);Nalh Saha's case, AIR 1970 (Cal) 255;53 CWN 45. AIR 1986 (Orissa) 238; AIR 1968 (Kerala) 169(Ref AIR 1986 (Orissa) 238);33 DLR (AD) 297 Lawyers Involved: Khondker Mahbubuddin Ahmed with SM Moonir, Advocates‑For the Appellant ...... Rafique‑ul Huq with MA Samad and Anjumanara Sheli, Advocates‑For the Respondent No.1 Dr. Rafiqur Rahman with Tariqul Hakim, Advocates‑For the Respondent No. 2 Appeal from Original Order No. 354 of 1990 along with Civil Rule No.269 (FM) of 1990 and Civil Revision No. 168 of 1991. ..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. ......s Referred to- Shaheda Masood 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, ...... thereafter the said Bank demanded an amount of Tk. 82,07,438.00 which was refuted by the Company. Thereafter the said Bank filed Miscellaneous Case No. 70 of 1980 under Article 33 of the Shilpa Bank Order, 1972 and obtained an order of ad‑interim attachment of the property, of the Company mortgag..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. ......p; January 30, 1991. Result: The judgment and decree of the trial Court is restored. Cases Referred to- Shriram Surajmal Vs. Shriram Aunwalla, 1936 Bom 285. Lawyers Involved: Abdur Rashid, Advocate‑For the Petitioners No one‑For the Opposite ...... law in holding that the defendant proved his title and possession in the disputed land although the defendant did not specifically deny the allegations made by the plaintiff in the plaint under Order 8 rule 5 CPC in the written statement. In this respect the learned Advocate cited the case of ..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. ......ither as a witness or in any other capacity, in the facts of the case the question of directing him to give his specimen signature in Bengali does not arise under section 73 of the Evidence Act. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman Advocateâ€......Huq Siddique, Advocate‑on‑Record‑ For the Respondents. Civil Appeal No.63 of 1990. (From the judgment and order dated 18 June, 1990 passed by the High Court Division, Dhaka in Civil Order No.1156 of 1990). Judgment: MH Rahman J.- Respondents filed Title Suit No.38 of 19..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. ...... Court Division by rejecting the prayer for bail is not proper and is not in keeping with the normal practice and procedure that is traditionally followed in the High Court Division in revision. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-...... 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. ..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)
.... 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. ......nce sheet and holding of annual general meeting and Board meeting of the company……………....(35) Cases Referred to- BLD 1981 (AD) 435; 34 DLR (AD) 47. Lawyers Involved: M Zahir with Md. Firoz Shah and FKMA Mahbub, Advocates ‑For the Petitioner...... 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. ..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. ...... guilt or guilty conscience, 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 ......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. ..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. ......vince of West Pakistan Vs. Bashir Ahmed PLD 1959 (SC) 93; Pakistan & mother Vs. Quazi Syed Hikmat Hussain PLD 1959 (SC) 107; 18 DLR (SC) 532; 17 DLR (SC) 63; 22 DLR (SC) 331; 36 DLR (AD) 26. Lawyers Involved: AW Bhuiyan, Additional Attorney-General, instructed by B Hossain, Advocate-on......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. ..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. ......hare of an undivided plot of 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 Adv......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. ..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. ......tion 115 The revisional court acted beyond it's jurisdiction in setting aside the concurrent finding of fact, when there is no misreading and misappreciation of the evidence on record. Lawyers Involved: Mahmudul Islam, Advocate, instructed by Sand Advocate-on-Record-For the Appe......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)
....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. ......sregard of good and unblemished 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 A......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)
....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. ......e High Court Division did not apply his judicial mind to those material questions touching upon the auction sale. Consequently, the judgment of the High Court Division is liable to be set aside. Lawyers Involved: M Nowab Ali, Advocate-on-Record-For the Appellant. Not Represented- Resp......g dead his heirs, Bismapada Mondal and others .... Decree-holder- Respondents Judgment November 11, 1990. Result: The appeal is allowed. Code of Civil Procedure, 1908 – Order XXI rule 68 Whether the High Court Division was correct in setting aside the judgment of..Category: Property Law | Date: 11 Nov, 1990 | Hits: 50
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.......dgment November 5, 1990. 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,...... abandoned property the property must fall within the ambit of definition of abandoned property. One of the conditions as defined in Article 2 is that on the date of promulgation of the President’s Order No.16 of 1972 the owner of the property must not occupy, manage or supervise the property and ..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. ......R 659, Tamizuddin Vs. Guljan Bibi, 26 DLR P 93, Haji Tozzamol Ali Vs. Abdus Satter, 34 DLR (AD) 217, Akhterunnessa vs. Habibullah, 31 DLR (AD) 88, Ahmed Hossain vs. Basharat Ali, 32 DLR (AD) 54. Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record-For the Appellants. SS Halder, Se......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)
.... 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. ......al of the suit which is prima facie maintainable. Cases Referred to- Rafiqul Alam vs. Mostafa Kamal and others, 42 DLR (AD) 137, Secretary of State Vs. Mask and Co., 44 CWN 709. Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior Advocate, Mahbubey Alam, Advocate with hi...... Mohammad Yeasin Mazumder and others................Respondent Judgment August 29, 1990. Result: The appeal is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order VII Rule 11 Whether plaint can be rejected when question of jurisdiction of the Village ..Category: Others | Date: 29 Aug, 1990 | Hits: 115
Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)
....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. ......tgage or in pledge, and there is no possible chance of a profit being made or its business carried out. Cases Referred to- The Punjab Flying Club Limited AIR (1933) Lah, 301; Halsbury's Laws of England Vol. V. Page 397; Haven Cold Mining Co. (1982) 20 Ch. D 151 & Re, Taldua Rubber ......Record-For the Respondent No.2. Khalilur Rahman Advocate instructed by Md. Ataul Haque Advocate-on-Record-For the Respondent No. 3. Civil Appeal No. 27 of 1990. (From the Judgment and Order dated 27 th February, 1990 passed by the High Court Division, Dhaka in Company Appeal No.17 of..Category: Business or Commercial Law | Date: 29 Aug, 1990 | Hits: 122
A Gafur alias Haji Abdul Gafur & others Vs. Jogesh Chandra Roy and another, 1990, 19 CLC (AD)
....ted that the accused be examined under s. 342 Cr.P.C. by the Trial Court and thereupon the case be disposed of according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 62. ......ection 342 Omission to examine the accused under section 342 vitiates conviction if such omission prejudices the accused in leading defence. Section 537 of Cr. Pc cannot cure such omission. Lawyers Involved: KZ Alam, Advocate, Supreme Court, instructed by Sharifuddin Chaklader, Advo......ted that the accused be examined under s. 342 Cr.P.C. by the Trial Court and thereupon the case be disposed of according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 62. ..Category: Criminal Law | Date: 27 Aug, 1990 | Hits: 76
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