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Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)
....l Islam Chowdhury J.- This Rule was issued calling upon the Deputy Commissioner, Moulvibazar and opposite party No.1 to show cause as to why the Judgment and order dated 2.5.89 passed by the Sessions Judge, Moulvibazar in Miscellaneous Case No.III of 1989 should not be set aside and why the victim g......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. ......or 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. ...... 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. ..Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
.... Anwarul Haque Chowdhury J.-This First Miscellaneous Appeal by the Coal Controller, Directorate of Coal, Govemment of Bangladesh is directed against an order dated 11.8.90 passed by the Subordinate Judge and 1st Commercial Court, Dhaka in Misc. Case No. 109 of 1990 under section 41(b) read with it......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 ......haka 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 ......the Coal Controller would not suffer any irreparable loss or injury. ……………..(35-41) Cases Referred to- Coal Controller, Directorate of Coal, Government of Bangladesh;33 DLR (AD) 298; Mehla Teja Singh and Co. Vs. Fertilizer Corporation of India and another..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)
....e Company filed Title Suit No. 49 of 1987 for declaration of the said agreement as void and for refund of the money illegally realised from the Company by the Bank in the Court of the 3rd Subordinate Judge. The Bank filed a Criminal Case against the petitioner in connection with the post‑dated che......ension 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. ......y 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. ......: Md. Abdul Jalil J Qazi Shafluddin J Mirza Ali Ashraf..................................Petitioner Vs. The State, represented by the Secretary, Ministry of Home Affairs, Government of Bangladesh and others ..........................Respondents. Judgment February 3, 1991. Cas..Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184
Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)
....he Opposite Parties. Civil Revision No. 1352 of 1980. Judgment AM Mahmudur Rahman J.- This Rule is against the judgment and decree of reversal passed by the learned Additional District Judge, 5th Court, Mymensingh reversing the judgment and decree of the learned Munsif. 2. The pe......he 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. ......ns 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. ..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)
....ated 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 1989 in the Court of Subordinate Judge, Narayanganj for evicting defendant No.1, the Bangladesh Inland Water Transport Corporation an......e 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. ......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. ...... This Case is also Reported in: 43 DLR (AD) (1991) 122. ..Category: Procedural Law | Date: 30 Jan, 1991 | Hits: 108
Baneazuddin Ahmed and others Vs. The State, 1991, 20 CLC (AD)
....and the sentence is also of a short duration When the appellants were already on bail granted by the lower Appellate Court, the direction that has been given in the present case by the learned Single Judge of the High Court Division by rejecting the prayer for bail is not proper and is not in keepin...... 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. ......ready 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. ...... 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. ......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. ......ication 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. ......y debt by the respondent company is incorrect and baseless. Rather the company is carrying on business of Garments in full swing with the financial assistance from the Respondent No. 15, Islami Bank (Bangladesh) Ltd. It is a profit earning establishment. 6. It is further alleged that the petiti..Category: Company Law | Date: 19 Dec, 1990 | Hits: 195
State Vs. Md. Shafiqul Islam alias Rafique and another, 1990, 19 CLC (AD)
....on, Rangpur Bench, passed in Death Reference Case No.6 of 1983 rejection the reference and setting aside the order of conviction and sentence passed against the respondents by the Additional Sessions Judge, First Court, Pabna in Sessions Case No.300 of 1982. 2. At the trial P.W.1 Moked Ali, th......spondent 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. ...... 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. ......iminal) Present: MH Rahman 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...............Category: Criminal Law | Date: 12 Dec, 1990 | Hits: 104
Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)
....ment as permanent. Whereas this Court seems to have studied in depth and therefore, arrived at a contrary finding, that is, the expression "temporarily" would, in the opinion of the learned Judges of this Court, make the appointment temporary if the service itself was temporary, not otherw...... 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. ......void 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. ......s 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)
.... High Court Division, Comilla Bench, in SA No.471 of 1973). Judgment Mustafa Kamal J.- This is the plaintiff's appeal from the second appellate judgment and decree of a learned Single Judge of the High Court Division, Comilla Bench dated 15‑5‑83 in SA No. 471 of 1973 allowing the......ny 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. ......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. ......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)
....f is directed against the judgment and order of the High Court Division passed in Civil Revision No. 1247 of 1982, setting aside the concurrent judgment and decree of the Court of Additional District Judge, 3rd Court, Mymensingh passed in Money Appeal No. 7 of 1978 affirming the judgment and decree ......ly, 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. ......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. ...... 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 Nov..Category: Civil Law | Date: 19 Nov, 1990 | Hits: 107
The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)
....ppeal by special leave calls in question an order of the High Court Division, in appeal, acquitting the two accused-respondents, who, along with another, had been convicted by the Additional Sessions Judge, Pabna, under sections 302/34 Penal Code and sentenced to transportation for life. 2. Pr...... 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. ......hey 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. ......abuddin Ahmed CJ MH Rahman 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. Ashraf Ali alias Ashraf &am..Category: Criminal Law | Date: 14 Nov, 1990 | Hits: 88
Narayan Chandra Sil Vs. Manhar Mandal, 1991, 20 CLC (AD)
.... of 1962. The respondent also asserted that there were no irregularities and fraud in publishing and conducting the sale. 4. Leave was granted to consider whether the learned single Judge of the High Court Division was correct in setting aside the judgment of affirmance of the appe......ly, 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. ......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. ......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. ..Category: Property Law | Date: 11 Nov, 1990 | Hits: 50
Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
.... daughter Irshed Selim and Akter Selim and appointed his brother‑in‑law Mr. KM Nasiruddin the Executor of the will. Mr. Nasiruddin duly obtained probate on July 6, 1973 from the Court of District Judge, Dhaka and the aforesaid children of late Mr. Selim became owners in moiety share on the stren......ent 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....... 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....... Court High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Mainur Reza Chowdhury J Farida Aziz....................Petitioner. Vs. Government of Bangladesh, represented by the Secretary, Ministry of Works and Urban Development, Secretariat Build..Category: Property Law | Date: 5 Nov, 1990 | Hits: 95
Karimunnessa Begum Chowdhurani and others Vs. Niranjan Chowdhury and another, 1990, 19 CLC (AD)
....ding that both he and the vendor were co-sharers in Schedule-III land, but accepted this finding as correct. He, however, took a new ground to justify the claim of pre-emption, and the learned Single Judge accepted the new ground. The learned Single Judge found that the land of each Schedules compri......, 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. ......owed 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. ......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)
....hen the writ jurisdiction of the High Court Division was under suspension at the relevant Time. This order of the Munsif was challenged in revision (CR No. 12 of 1984, Comilla) but the learned Single Judge of the High Court Division, by his order dated 3.12.1984, refused to interfere observing, amon......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. ......ferent 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. ...... 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. ..Category: Others | Date: 29 Aug, 1990 | Hits: 115
Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)
.... allowed. The Companies Act, 1913- Section 162 Clause (vi), 163 read with section 166 Whether the Appellate Court was wrong in setting aside the order of winding up- The learned Judges in considering the appeal against a winding up order totally failed to keep in view the centr......earned 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. ......ompany 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. ...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Agrani Bank .............................................Appellant Vs. Bangladesh Tyres Ltd and others..............Respondents Judgment August 29, 1990. Re..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)
....n is whether the conviction of the appellants has been vitiated by non-examination of the accused under s. 342 Cr.P.C. or whether this defect is curable by s. 537 Cr.P.C., as held by a learned Single Judge of the High Court Division. 2. Respondent No.1, Jogesh Chandra Roy, filed a complaint be......ed 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. ......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. ......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
Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
....efore the Appellate Court. 2. The short fact that will be necessary for disposal of this appeal is that, plaintiff-respondent No.1 filed Title Suit No.491 of 1981 in the Court of 4th Subordinate Judge, Dhaka against the defendants-appellant is and one Afroza Begum (Defendant No.2) for specific ......der XLI rule 20 the matter perhaps would not have come to such a pass and the appeal could be spared a technical knockout. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 156. ......rule 20 the matter perhaps would not have come to such a pass and the appeal could be spared a technical knockout. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 156. ......rder XLI rule 20 the matter perhaps would not have come to such a pass and the appeal could be spared a technical knockout. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 156. ..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
Sharif (Mohd) Vs. Mohd Obaidur Rahman & others, 1990, 19 CLC (HCD)
.... over the self same occurrence on 21.2.89 being CR Case No.152 of 1989 filed against the appellant and other victims and some of the witnesses of the appellant was pending before the learned Sessions Judge being Criminal Motion No.545 of 1989 and both the cases being case and counter‑case should b......55 of 1989 shall be kept intact and the further evidence which will be adduced by the petitioner shall be recorded by the Magistrate. Ed. This Case is also Reported in: 43 DLR (1991) 66. ......89 shall be kept intact and the further evidence which will be adduced by the petitioner shall be recorded by the Magistrate. Ed. This Case is also Reported in: 43 DLR (1991) 66. ......155 of 1989 shall be kept intact and the further evidence which will be adduced by the petitioner shall be recorded by the Magistrate. Ed. This Case is also Reported in: 43 DLR (1991) 66. ..Category: Criminal Law | Date: 21 Aug, 1990 | Hits: 80
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