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State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)

....r Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267.......the head of P.W.11 Somed causing bleeding injuries. It is stated by the prosecution that they somehow arranged to resist the accused‑appellants from taking away the broken guns of Ahad and the dead body of Suruj. It is stated that the other three dead bodies of Chan Mia, Ahad and Azimuddin were ta..

Category: Criminal Law | Date: | Hits: 111

Tofazzal Hossain Chowdhury Vs. Mir Amanullah & others, 1992, 21 CLC (HCD)

....opy of the said GDE has been annexed to the petition and marked as Annexure‑A. Thereafter on 24.4.83 opposite party No.1 being the owner of the damaged Chouchala hut gave another information to the local police station Tangibari about the same occurrence and the same was recorded as Tangibari poli......ordance with law. Let a copy of the judgment and order be transmitted to the Court below immediately. The order of stay stands vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 263...

Category: Criminal Law | Date: | Hits: 88

Abul Hasnat Mohammad Mohsin Vs. Dilruba Aktar and another, 2009, 38 CLC (AD)

.... herself admitted that no talaq took place and there is no further evidence at all on record to show that after pronouncement of talaq the respondent issued notice in writing upon the Chairman of the local Council informing the alleged fact of divorce or any copy of the said notice was ever sent to ......suf­fer imprisonment for more than 15 days. Accordingly, the petition is dismissed with the modification of the sentence as above only. Ed. This Case is also Reported in: VIII ADC (2011) 314...

Category: Family Law | Date: | Hits: 185

Joirunnessa and others Vs. Abdul Matalib being dead his legal heirs; Alta Begum and others, 2009, 38 CLC (AD)

.... 1989 to defeat the execution proceeding and to defeat the decree. The High Court Division failed to comprehend the above aspect and thereby erred in law discharging the Rule. It is the fact that two local investigations in respect of the suit land were held that had the plaintiff been found not in ......rder of Trial Court is liable to be restored and accordingly restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 302...

Category: Property Law | Date: | Hits: 65

Meghna PET Industries Limited and another Vs. 2nd Court of Artha Rin Adalal and another, 2009, 38 CLC (AD)

....ivision, we do not find any merit in the appeals of the appellant and accordingly the appeal is dismissed with­out any order as to cost. Ed. This Case is also Reported in: VIII ADC (2011) 240. ...... the Artha Rin Adalat which is apparently the proper forum, the subject matter of the alleged dispute is not capable of settlement by arbitration. In view of the above and the reason stated in the body of the judgment of the High Court Division, we do not find any merit in the appeals of the appe..

Category: Civil Law | Date: | Hits: 78

Kumudini Hospital Vs. Kumudini Hospital Karmachari Union & others., 1977, 6 CLC (HCD)

....4 and 625 of 1974 are made absolute and the Rule in Petition No. 306 of 1976 is hereby discharged. There will be no orders as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 655. ......elevant now to consider the definition of the expressions used in the Industrial Relations Ordinance, 1969. "Employer" as defined in Clause‑VIII in relation to an establishment means "any person or body of persons whether incorporated or not, who or which employee working in the establishment unde..

Category: Labour and Industrial Law | Date: | Hits: 123

Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)

.... Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ......n the head of PW 11 Somed causing bleeding injuries. It is stated by the prosecution that they somehow managed to resist the accused‑appellants from taking away the broken guns of Ahad and the dead body of Suruj. It is stated that the other three dead bodies of Chand Mia, Ahad and Azimuddin were t..

Category: Criminal Law | Date: | Hits: 68

Bangla Jalpari Lines (Pvt) Ltd. Vs. Continental Grain Company (Canada) Ltd. and others, 1990, 19 CLC (HCD)

....us Case Nos. 59 and 60 of 1981 on 27.11.81 analogously. 2. Miscellaneous Case No. 59 of 1981 was filed by defendant petitioner OP No. 1 the Continental Grain Co. (Canada) Ltd. represented by their local agent Maritime Enterprises, Chittagong who claimed to be the Charterer of the vessel in questi......nished there is no merit in these two revisional applications. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 617. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 186

Abdus Samad Azad, MP & others Vs. Bangladesh, through Secretary, Ministry of Law and Justice and others, 1991, 20 CLC (HCD)

....ntal rights of the members of the Jatiya Sangsad (Parliament) and destroyed the sanctity of election. He further submits that there is no precedent in the country of any election of any office of the local bodies or of the Parliament by open ballots. In support of his submission the learned Counsel ......y purpose of filing the Writ petition will be frustrated and in case the election be not held on the scheduled date there will be no occasion for the vacuum in the administration as apprehended and nobody will suffer. 3. Mr. Aminul Huq, the learned Attorney­ General, while refuting the contentio..

Category: Constitutional Law | Date: | Hits: 229

Yakub (Md.) Ali Howlader Vs. Abdur Rab Munshi, 1990, 19 CLC (HCD)

....accordance with law and be decided at an earlier date. Communicate this order at once. The stay al granted earlier is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 587. ......accordance with law and be decided at an earlier date. Communicate this order at once. The stay al granted earlier is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 587. ..

Category: Election Law | Date: | Hits: 156

Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)

.... and female and that PW 1 narrated the occurrence and fact of recognition to him at about the end of the night. He stated that victim Nur Miah used to do "lokhi karber (Money lending business) in the locality. He denied the Suggestion that deceased Nur Miah had an altercation over " lokhi karber” ......made in the FIR Kalmakanda PS Case No. 4 dated 29.9.94 was started under sections 460/302 of the Penal Code. 4. The police then visited the place of occurrence, made the inquest report on the dead body of the victim and sent the same to the Government Hospital at Netrokona for post‑mortem exam..

Category: Criminal Law | Date: | Hits: 82

Amir Ali & others Vs. State, 1990, 19 CLC (HCD)

.... 22.8.85 no FIR was filed and goods were seized by PW 1 and the seized goods were taken away by PW 1. He also stated that in the truck there was also palm oil. 12. PW 9 Habibullah is a Chairman of local Union Parishad. He stated that he found a truck in the Police Station. He further stated that ......sult, the appeal is allowed and the order of appellants shall be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 564. ..

Category: Fiscal/Taxation Law | Date: | Hits: 101

Bangladesh Vs. Dewan Obaidur Reza Chowdhury and Others, 1990, 19 CLC (HCD)

....are upheld. In the facts and circumstances of the case, there will be no order as to costs. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 43 DLR (1991) 551. ......le." and decided the same in favour of the plaintiff by reversing the finding of the trial Court and holding that "I can not see eye to eye with this contention of the learned lower Court as it is no body's case before him that the description of the disputed land was vague. The judgment shows that ..

Category: Property Law | Date: | Hits: 101

Abul Kashem Vs. Mafiz Mia and others, 1991, 20 CLC (HCD)

....mary School Centres. The impugned order of the learned District Judge is, accordingly, modified. The parties shall bear their own costs. Ed. This Case is also Reported in: 43 DLR (1991) 523. ......mary School Centres. The impugned order of the learned District Judge is, accordingly, modified. The parties shall bear their own costs. Ed. This Case is also Reported in: 43 DLR (1991) 523. ..

Category: Election Law | Date: | Hits: 139

Bangladesh Vs. Unimarine SA Panama and other, 1977, 6 CLC (HCD)

....ution of any decree that may be passed against him,- (a) is about to dispose of the whole or any part of his property, or (b) is about to remove the whole or any part of his property from the local limits of the jurisdiction of the Court, the Court may direct the defendant, within a time to ......t-appellant but in view of our judgment there is no necessity of passing any order in the revisional application. ATM Afzal J.- I agree. Ed. This Case is also Reported in: 29 DLR (1977) 252. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 240

State Vs. Md. Ali Kibria @ Shahzijahan and others, 1990, 19 CLC (HCD)

....side. The condemned prisoner Mohammad Ali Kibria alias Shahjahan is set at liberty forthwith if not wanted in connection With any other case. Ed. This Case is also Reported in: 43 DLR (1991) 512.......man that at 41/4‑A, Jigatala in Dhaka City his distant cousin Kaoser son of Mahibur Rahman was killed by some unknown persons in his house. The informant rushed to the said house and found the dead body of the said Kawser and lodged First Information Report. 4. The case was tried by the Additio..

Category: Criminal Law | Date: | Hits: 93

Investment Corporation of Bangladesh Vs. Bata Shoe Company (Bangladesh) Ltd., 1990, 19 CLC (HCD)

....further directed to issue and deliver the necessary share certificates in favour of the petitioner ­corporation without any further delay. Ed. This Case is also Reported in: 43 DLR (1991) 487. ......e submits that the petitioner‑corporation has been created under the Investment Corporation of Bangladesh Ordinance, 1976. Section 3(2) of the above Ordinance speaks that the corporation shall be a body corporate by the name of the Investment Corporation of Bangladesh for a perpetual succession an..

Category: Company Law | Date: | Hits: 208

Mir Amir Ali Vs. State, 1991, 20 CLC (HCD)

....uashed. It is hereby directed that the accused petitioner be discharged from his bail bond. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 250. ......started in the year 1985 and has still been continuing even after the recovery on repayment of loan by the loanees towards the adjustment of GP Fund Account which fact has not been controverted by anybody from the side of the prosecution. 14. From the facts and circumstances stated above and the ..

Category: Criminal Law | Date: | Hits: 104

Virginia Tobacco Co. Ltd. and others Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)

....d case was resisted by the present petitioners, contending that the petitioner 1 was engaged in manufacturing and sale of low‑priced cigarettes. As majority of the members of the company were non‑local, the petitioner 1 was taken over under P.O. No.16 of 1972 as abandoned Industry after emergenc......t the order No.8 dated 21.11.1985 has been made without any lawful authority. In the result, we make this Rule absolute. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 233. ..

Category: Labour and Industrial Law | Date: | Hits: 129

Anwara Rashid and others Vs. Deputy Commissioner, Dhaka and others, 1992, 21 CLC (HCD)

....quantity of land acquired. Revised drawing was prepared and approved considering traffic problem, engineering aspect of construction of the link road, advantage and disadvantages of the people of the locality and the affected persons, and in public‑interest and there is no mala fide or partiality ...... the rules under judgment. In the result all the Rules are discharged without any order as to costs. Orders of stay stand vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 207. ..

Category: Property Law | Date: | Hits: 79