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State Vs. Kalu Bepari, 1990, 19 CLC (HCD)
....nviction of the condemned prisoner under section 302 of the Penal Code is upheld but the sentence of death is altered to life imprisonment. Ed. This Case is also Reported in: 43 DLR (1991) 249. ......prepared sketch map Ext. 4 with its index. He had a secret information that the condemned prisoner killed his Wife and accordingly he arrested and forwarded him to the Upazila Magistrate Court with a prayer for recording his confessional statement under section 164 of the Code of Criminal Procedure ..Category: Criminal Law | Date: | Hits: 81
Marida Begum and others Vs. Moulavi Md. Hasan and others, 1989, 18 CLC (HCD)
..... The plaints of Title Suit Nos. 86 of 1973 and 94 of 1973 be rejected. The Rules are accordingly made absolute. I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 242.......missioner (Rev.) Chittagong and the then Board of Revenue, East Pakistan setting aside the auction sales in pursuance of three certificate cases were void, illegal and without jurisdiction. The other prayer of the plaintiffs was for declaration of the then East Pakistan High Court in Writ Petition N..Category: Civil Law | Date: | Hits: 79
Bangladesh Road Transport Corporation Vs. M/s. Ashraf Jute Mills Ltd., 1990, 19 CLC (HCD)
....ion under sections 162 and 163 of the Companies Act inasmuch as whether the petitioner being landlords comes within the purview of the term 'creditor'. The learned Advocate submits that there are two alternative ways for the petitioner to realise the dues, one by filing a regular money suit in Civil......roperties both movable and immovable of the above company to this Court within two months from the date of receipt of a copy of this order. Ed. This Case is also Reported in: 43 DLR (1991) 240. ..Category: Company Law | Date: | Hits: 165
Serajul Islam Vs. The Director General of Food, 1990, 19 CLC (HCD)
....In the result, on the grounds stated above the application of the petitioner is summarily rejected. The prayer for certificate is refused. Ed. This Case is also Reported in: 43 DLR (1991) 237.......rily decline to interfere until the aggrieved party has exhausted his statutory remedies. In the result, on the grounds stated above the application of the petitioner is summarily rejected. The prayer for certificate is refused. Ed. This Case is also Reported in: 43 DLR (1991) 237...Category: Administrative Law | Date: | Hits: 175
Fahim Al Haque (Minor) and another Vs. Mohammad Abdul Aziz and others, 1990, 19 CLC (HCD)
....e suit as expeditiously as possible preferably within six months from the date of receipt of this order if the suit is otherwise found ready. Ed. This Case is also Reported in: 43 DLR (1991) 226.......it plot has not been partitioned amongst the co‑sharers, the defendants were trying to construct building on the valuable portion of the above plot. So they were compelled to life above suit with a prayer for temporary injunction. 3. The defendant Nos. 1 and 2 contested the application for temp..Category: Property Law | Date: | Hits: 59
Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....rming the Tribunal of their inability to defend such a case without a Senior Advocate and if the Court insists on the defence lawyer to take the defence unprepared then the defence will have no other alternative but to withdraw from the case. It is the allegation of the accused Lt. General (Retd.) H......the Tribunal for time but this petition was rejected and PW 1 was called into the witness box and the Public Prosecutor started examining him in chief. This behaviour of the Tribunal in rejecting the prayer of the accused put the defence lawyers, who are by that time appearing for the accused before..Category: Criminal Law | Date: | Hits: 73
Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
.... intention, the doctrine of constructive liability under section 34 should not be resorted to for a conviction of others for that act, And, therefore when the circumstances give rise to a number of‑alternative inferences, one of which indicates that the act done by an individual may be the result ......culiarly within the knowledge of the accused alone who had absolute control over the Ramna Police Station and the victim Arun was in their absolute custody. 29. Mr. Aminul Huq at the outset made a prayer to get the evidence given by Abu Miah, father of the deceased Arun before the committing Magi..Category: Criminal Law | Date: | Hits: 87
Bangladesh Inland Water Transport Corporation Vs. Nazma Transport Company, 1991, 20 CLC (HCD)
....s not paid. It is stated that in spite of several reminders and lastly issuance of the legal notice the defendant did not pay the repairing cost of MN Modhumati and as such the plaintiff had no other alternative but to file the suit claiming compensation for the amount as made in the prayer. 3. A......e legal notice the defendant did not pay the repairing cost of MN Modhumati and as such the plaintiff had no other alternative but to file the suit claiming compensation for the amount as made in the prayer. 3. According to the plaintiff the above suit was filed out of time by 165 days and as suc..Category: Admiralty Law or Maritime Law | Date: | Hits: 164
Malik Mohammad Amin Anowar Vs. Shahjahan Mia and others, 1990, 19 CLC (HCD)
....atus quo in respect of both movable or immovable properties in dispute. Let the matter come up in the list for hearing on 26.7.90. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 150. ......ik Mohammad Amin Anowar filed an application before a Single Bench of the Permanent Seat of the High Court Division at Dhaka for calling for the record of the Revision Case from Barisal Sessions. The prayer was allowed on 26.11.89 and the record received here without any notice or intimation to the ..Category: Procedural Law | Date: | Hits: 73
Nazrul Islam and others Vs. The State, 1991, 20 CLC (HCD)
.... not wanted in connection with any other case. The non‑appellant accused Kashem will however not get any benefit of this appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ......trate for recording their confessional statement. On that day he made an application to the Magistrate for taking the confessing accused to his custody on remand. It was suggested to him that he made prayer for remand only to terrorise the confessing accused. It has also been suggested that he had p..Category: Criminal Law | Date: | Hits: 86
Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)
....The petitioner company wrote on 10.2.92 a letter to the General Manager, Bangladesh Bank demanding respondent No.2 to give "reasons" for rejecting the lowest offer of the petitioner company or in the alternative to award the job to the petitioner. The General Manager of the Bangladesh Bank vide lett......bound by the submission. In the result, this Rule is discharged with the observations as stated above without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 134...Category: Others | Date: | Hits: 123
Privatization Commission Vs. Golam Mostafa and others, 2011, 40 CLC (AD)
....h costs of Taka 50,000. The judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 67, 31 BLD (AD) (2011) 173, 16 MLR (AD) (2011) 239. ....... He also assumed the said liability as long term loan as will be evident from his admissions and the documents submitted by him. Annexure-F is the Inventory Sub-committee's report submitted on his prayer for ascertaining the Mills liability, and in paragraph 3, the said amount was shown as long t..Category: Civil Law | Date: | Hits: 90
Provas Chandra Banik Vs. Naresh Chandra Banik and others, 2009, 38 CLC (AD)
....e find no substance in the submission of the learned Advocate for the petitioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ...... by filing written statement, contending, inter alia, that complicated question of law related to title and possession in respect of the suit property having been involved in the suit, absence of any prayer regarding either declaration of title or establishment of the same, made the suit non maintai..Category: Property Law | Date: | Hits: 75
Shoaib (Md.) Vs. Uttara Bank Ltd. and another, 1990, 19 CLC (HCD)
....rtificates and original instruments of transfer of share on furnishing the photo copies of the same duly certified by the learned Advocate. Ed. This Case is also Reported in: 43 DLR (1991) 329. ......ating his position facts and circumstances of the case. Beside the aforesaid representations the petitioner on several occasions met the officers of the respondents and requested them to consider his prayer but ultimately he was unsuccessful. Finding no other way the petitioner served legal notice u..Category: Company Law | Date: | Hits: 175
Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....d 19.11.86 as at Annexure 'H' and Tare declared to be without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ......ried to dispossess the petitioner. Having failed to enter into possession of these lands the said Rafiqul Huq Chowdhury filed an application before the then Sub‑Divisional Magistrate, Bhola, with a prayer for drawing up a proceeding under section 145 of the Code of Criminal Procedure. The learned ..Category: Property Law | Date: | Hits: 63
Boynuddin and others Vs. Azimuddin and others, 1989, 18 CLC (HCD)
.....3.73. Against the said order the judgment debtors‑petitioners obtained the present Rule. 4. Mr. Marfat Ali, learned Advocate appearing for the petitioners, submits that there being no statutory alternative remedy open to the petitioners against the dismissal of their objection under section 47......No. 447 of 1969. The said case came up for hearing on 29.12.1972 when the petitioners filed haziras and the said opposite parties filed an application praying for time for taking steps. Upon the said prayer the learned Munsif allowed time subject to payment of cost of Tk. 10.00 to the petitioners an..Category: Procedural Law | Date: | Hits: 83
Abdul Awal Mia (Md.) Vs. Sonali Bank & others, 1990, 19 CLC (HCD)
....nd decree of the learned Subordinate Judge are set aside and the suit is dismissed on contest against the added defendant No. 3 without cost. Ed. This Case is also Reported in: 43 DLR (1991) 201.......ill take effect from the date of filing of the suit and therefore the suit is not barred against him under section 22(1) of the Limitation Act. He has further submitted that in view of the plaintiffs prayer (D) e.g." such other relief or relief, may be granted as the plaintiff may be entitled in law..Category: Civil Law | Date: | Hits: 82
Dildar Hossain and another Vs. Md. Sharif Hossain and others, 1990, 19 CLC (HCD)
....f fresh service of summons upon the cited witnesses is allowed. Let a copy of this order be transmitted to the Court concerned immediately. Ed. This Case is also Reported in: 43 DLR (1991) 196. ......rmission to cause service of summons upon 7 cited witnesses including the alleged executants of the alleged deeds of purchase of the plaintiffs. The learned Subordinate Judge was pleased to allow the prayer and the summons was issued by the Court upon the cited witnesses. In response to the same onl..Category: Property Law | Date: | Hits: 78
Ismail Mohammad Vs. Motasim Ali Chowdhury, 1993, 22 CLC (HCD)
....record. The learned Advocate may move an application before the trial Court, if so advised. Accordingly the application is disposed of. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 123....... the nature and character of the plaint and cause of action shall be changed. 6. The learned Assistant Judge after hearing by his order dated 16.8.89 disposed of both the applications allowing the prayer for amendment and recorded the following orders: “১৬।৮।৮৯ অদ্য আ..Category: Property Law | Date: | Hits: 79
Mahbubur Rahman Khan @ Tipu Vs. State, 1993, 22 CLC (HCD)
....pugned judgment. In the result, the appeal is dismissed. Let the LC Record of the case be sent down to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 117. ......nesses after examination of P.Ws.2 and 3 fixing 26.9.91 on which date P.W.4 Badaruddin was examined and fresh warrant of arrest was issued against the remaining witnesses fixing 27.10.91. On 27.10.91 prayer of the prosecution for further adjournment to produce the remaining witnesses was rejected. 2..Category: Criminal Law | Date: | Hits: 75
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