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Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan (Md) & others, 1990, 19 CLC (AD)

....rvant. For their dismissal, removal, termination, discharge or for any other punishment the Corporation is required to follow the procedures prescribed in the Rules. These Rules have been made by the Government in exercise of the powers conferred by Article 21 of P.O. 143 of 1972. Chapter 11 of the ......, Advocate-on-Record -For the Respondent No.1 (In all the appeals). Not represented - Respondent Nos.2-3 (In all the appeals). Civil Appeal Nos.33 to 39 of 1990. (From the judgment and order dated 13.11.89 passed by the High Court Division, Dhaka, in Writ Petition Nos.167, 168, 169, 1..

Category: Employment/Service Law | Date: 8 Aug, 1990 | Hits: 101

Kazi Abdul Jalil Vs. Jashim Munshi and another, 1990, 19 CLC (AD)

.... The impugned order of the High Court Division is set aside and that of the Sessions Judge is restored. The appeal is allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ...... Joynul Abedin, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Not Represented-Respondents. Criminal Appeal No.7 of 1986. (From the judgment and order dated 1.8.1984 passed by the High Court Division, Barisal Barisal0 Criminal Revision No.11 of ..

Category: Criminal Law | Date: 6 Aug, 1990 | Hits: 50

Afruz Miah (Md) and another Vs. Alhaj Md. Siraj Miah, 1990, 19 CLC (AD)

.... present case, the same suffers from no illegality. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 89. ......structed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 1(a) to 1 (e). Not Represented - Respondent Nos. 2‑8. Civil Appeal No. 85 of 1989. (From the judgment and order dated 29.8.1989 passed by the High Court Division, Sylhet Bench in Civil Revision No. 103 of 1..

Category: Procedural Law | Date: 5 Aug, 1990 | Hits: 91

Abdul Hai Sikder and another Vs. State, 1990, 19 CLC (AD)

.... fullness and completeness are enough to justify the conviction. We find no merit in this appeal. Hence the appeal is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) 95. ......ellants. B Hossain, Deputy Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Respondent (State). Criminal Appeal No.19 of 1988. (From the judgment and order dated 29.6.66 passed by the High Court Division, Dhaka in Criminal Appeal No.47 of 1985). ..

Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 91

Abul Kashem and others Vs. The State, 1990, 19 CLC (AD)

....lowed. The appellants shall appear before the Sessions Judge, Bhola and till then the bail granted by this Court will continue. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 77. ......-Record-For the Appellants. B Hossain, Deputy Attorney-General, instructed by AW Mallik, Advocate-on-Record-For the Respondent. Criminal Appeal No.22 of 1989. (From the judgment and order dated 25th May, 1989 passed by the High Court Division, Barisal Bench, Barisal in Criminal Rev..

Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 51

Badsha Mia and others Vs. Abdul Latif Majumder and others, 1990, 19 CLC (AD)

....ond forthwith. The Deputy Commissioner, Comilla will report compliance of the order of this Court within 2(two) months from date. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 10. ...... Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record - For the Respondent No. 3. Ex parte - Respondent Nos. 1-2 and 4-12. Criminal Appeal No. 39 of 1985. (From the Judgment and order dated 12th August, 1985 passed by the High Court Division Comilla Bench, Comilla in Civil Rule..

Category: Criminal Law | Date: 30 Jul, 1990 | Hits: 59

Official Liquidator, East Bengal Commercial Bank Ltd. Vs. Mrs. Jahura Khatun & others, 1990, 19 CLC (HCD)

....in liquidation)" a banking company was incorporated in the year 1921 under the Indian Companies Act, 1913. The said Bank with all its branches suspended, its functions in August, 1948 and in 1949 the Government advised the District Magistrate, Mymensingh, to lock and seal the head office and branche......ngly the District Authority locked and sealed the bank along with its branches and kept all the documents and papers in the safe custody of Kotwali Police Station, Mymensingh. On 28th March, 1956 the order of liquidation was passed by his Lordship Mr. Justice Hamoodur Rahman and Mr. Shehabullah, a S..

Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158

Abdur Rahman Mondal and others Vs. State, 1990, 19 CLC (AD)

....plot No. 702 of Rajarbag mouza appertaining to holding No. 99/C, Purba Bashabo Dhaka has been in the possession of the informant PW 1 Major AKM Nurul Alam who obtained lease of the said land from the Government in 1978 and has been possessing the same for 17 years on erecting a tin hut thereon. On 9..........Respondent Judgment July 23, 1990. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), Section 423 Whether an appellate court can order retrial of a criminal case when evidence on record are sufficient to decide the appeal only to..

Category: Criminal Law | Date: 23 Jul, 1990 | Hits: 52

Attor Mia and another Vs. Mst. Mahmuda Khaton Chowdhury and others, 1990, 19 CLC (AD)

....s own. Hence the appeal is allowed and remanded to the High Court Division for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ......ord was complete. 2. The appellants filed Title Suit No. 367 of 1991 in the 2nd Court of Subordinate Judge, Sylhet under Muslim Law for directing transfer of the suit land to the plaintiffs and ordering delivery of possession of the suit land to them on their depositing in Court the sale price..

Category: Property Law | Date: 22 Jul, 1990 | Hits: 43

Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)

....ct and law, arrived at by the lower Appellate Court. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 55.   ......tly the High Court Division was justified in interfering with the finding, which is a mixed finding or fact and law, arrived at by the lower Appellate Court. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 55. &nbs..

Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115

Idris Ali Bhuiyan Vs. Enamul Haque and another, 1990, 19 CLC (AD)

....d that can at times also be exercised to do full and effective justice in a case. Hence, the review petitions are dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 12. ......re arises the question of the suit being barred by limitation but even then the suit was sent on remand to the Trial Court for retrial. 5. Both the parties having felt aggrieved by the appellate order came up in revision to the High Court Division; CR 521 of 1988 at the instance of the plaintif..

Category: Property Law | Date: 17 Jul, 1990 | Hits: 30

Bijoy Kumar Basak Vs. Narendra Nath Datta & others, 1990, 19 CLC (HCD)

....he date of receipt of this order, in accordance with law. Let a copy of this order be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 43 DLR (1991) 68. ......r Opposite Party No. 1. Civil Revision No.53 of 1987. Judgment Muhammad Ansar Ali J. - This Rule issued at the instance of the plaintiff Petitioner is directed against the judgment and order No.12 dated 26.12.84 passed by the learned District Judge, Rajshahi in Miscellaneous Case No.1..

Category: Property Law | Date: 11 Jul, 1990 | Hits: 67

Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)

.... by the learned Additional Sessions Judge in Revision Case No.381 of 1985 is hereby quashed. Send down the records expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 60. ......e State..............................................Opposite Party Judgment June 27, 1990. Result: The Rule is made absolute The power of the Appellate Division to pass an order for re-delivery of possession to the person acquitted on appeal must be an express power. Surp..

Category: Criminal Law | Date: 27 Jun, 1990 | Hits: 110

Abdur Rouf Miah Vs. Fazlur Rahman and others, 1990, 19 CLC (AD)

....n a fair and honest manner. But he is also subject to the Election Rules. Subject to this observation the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 23. ......ishad (Election) Rules, 1983, rules 38-41 Whether Election Commission can direct re-poll in the absence of Rule 68 of the Upazila Parishad (Election) Rules 1983 - Whether election commission can order recounting of votes when there was no objection before the Presiding Officer or Returning Offi..

Category: Election Law | Date: 27 Jun, 1990 | Hits: 139

Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)

....esent: Shahabuddin Rahman J ATM Afzal J Mustafa Karnal J Latifur Rahman J Ishaque (Md.) and others ………..................Appellants Vs. The Government of Bangladesh………Respondent (In Civil Appeal No.13 of 1990) Md. ......he Respondent No. 1 (In Civil Appeal No. 15 of 1990). Not Represented- Respondent Nos.2-14 (In Civil Appeal No.15 of 1990). Civil Appeal Nos.13 and 14 of 1990 (From the Judgment and order dated 27.8.86 passed by the High Court Division, Dhaka in Appeal from Original Order No.239 of..

Category: Limitation Law | Date: 25 Jun, 1990 | Hits: 176

AKM Hedayetul Islam Vs. Executive Vice Chairman, Bangladesh Agricultural Re­search Council and another, 1990, 19 CLC (HCD)

.... in person and enquiry proceeding should not be conducted ex parte. Principle of natural justice should prevail. .................................... (3) The petitioner was an employee under the Government of Bangladesh and on deputation in the Bangladesh Agricultural Research Council, the Exec......nt to impose any penalty on the petitioner and his case was to be referred to the Government for necessary action in view of Rule 14 of the Government Servants (Discipline and Appeal) Rules, 1976. In order to decide the applicability of Rule 14 of the Government Servants (Discipline and Appeal Rules..

Category: Employment/Service Law | Date: 20 Jun, 1990 | Hits: 74

Dr. Naimur Rahman and another Vs. Shahbazpur Tea Co. Ltd and another, 1991, 20 CLC (AD)

.... the applications for winding up were filed by the appellants with a malafide motive to prevent the companies from acquiring back the shares of Pubali Jute Mills Ltd., pursuant to the decision of the Government to de‑nationalise the said Mill published in the Bangladesh Gazette on 27.9.82 which th......mal Hossain, Senior Advocate, instructed by Kazi Shahabuddin Ahmed, Advocate-on- Record-For the Respondents. (In both the appeals) Civil Appeal Nos.58 and 59 of 1984. (From the Judgment and order dated 21.4.1983 passed by the High Court Division, Dhaka in Matter Nos. 27 and 28 of 1982). ..

Category: Business or Commercial Law | Date: 19 Jun, 1990 | Hits: 124

Sher Ali Amir Ali Virjee Vs. Eastern Industries (Bangladesh) Ltd. and others, 1990, 19 CLC (HCD)

....o order as to costs. Mr. Tofailur Rahman has prayed for stay of the operation of the judgment for 6 weeks. The prayer is refused. Ed. This Case is also Reported in: 43 DLR (1991) 54. ......d by the respondent No.3 with bona fide belief might have been used by the respondent No.2, Managing Director with ulterior purpose. He fraudulently transferred those 400 shares to Mrs. Amir Banoo in order to achieve his personal interest. 6. The respondent No.3 through his constituted Attorney..

Category: Company Law | Date: 17 Jun, 1990 | Hits: 184

Shahabullah (Md) Vs. The State, 1990, 19 CLC (AD)

....o interfere in the matter. The appeal is dismissed. Let the appellant surrender to his bail bond and serve out his sentence. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 1. ......r the Appellant. B Hossain, Deputy Attorney‑General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Respondent. Criminal Appeal No. 23 of 1989. (From the judgment and order dated 14.12.88 passed by the High Court Division, Dhaka in Criminal Appeal No. 145 of 1982). ..

Category: Anti-Corruption Laws | Date: 13 Jun, 1990 | Hits: 119

Atiqur Rahman Vs. AKM Fazlul Hoque, 1990, 19 CLC (HCD)

....us the accused‑petitioner committed an offence under section 156(1)14 of the Customs Act, 1969, for violation of sections 16 & 3 of that Act and that the accused petitioner thereby deprived the Government of huge revenue to the tune of Taka 1,13,320,48 paisa by making false declaration about t......from Hong Kong in that consignment of menthol of 17 packets and these were meant to be sent to Nepal. 5. The learned Magistrate accepted the final report and discharged the accused petitioner by order dated 12.3.1981. On an application made by the accused petitioner to the learned Magistrate fo..

Category: Fiscal/Taxation Law | Date: 11 Jun, 1990 | Hits: 80