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State Vs.Joynal Abedin and another, 1990, 19 CLC (HCD)
....urt Division (Criminal Miscellaneous Jurisdiction) Present: Abdul Bari Sarker J Abdul Hasib J State...................................................Petitioner Vs. Joynal Abedin and another......................Other Party. Judgment May 17, 1990. Lawyers Involved: M......articular court and in doing so, it is customary that certain allegations are made against the presiding officer which gave rise to apprehension in the minds of the litigants, that they would not get proper justice from a particular officer. The litigants are given certain latitude in such matters. ..Category: Criminal Law | Date: | Hits: 64
Idris and others Vs. The State, 1990, 19 CLC (HCD)
....d of their sentence. Ed. This Case is also Reported in: 43 DLR (1991) 245.......that view of the findings there is no scope to interfere with the order impugned in this Revision. 9. From examination of the Judgments of both the Courts below it seems to me that the Court on in proper consideration of evidence carne to the finding that the petitioners forcibly in spite of the ..Category: Criminal Law | Date: | Hits: 66
Lukus Miah Vs. State, 1991, 20 CLC (HCD)
....sul Alam, Deputy Attorney General with Hafizul Bari, Advocate ‑ For the State. Criminal Appeal No. 340 of 1989. Judgment Abdul Bari Sarker J. - This appeal is directed against the judgment and order of conviction and sentence passed by Mr. Md. Golam, Maola, Special Tribunal Judge, Moulvib......ruelty to Women Ordinance in view of the above facts and circumstances of the case. He however submits that the case should be sent back on remand for retrial of the appellant after framing charge on proper Section of the Penal Code and presumably Section 493 BPC. As the accused allegedly had sexual..Category: Criminal Law | Date: | Hits: 68
Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....QB 759; AIR 1966 (Mysore) 231); AIR 1940 Lahore 527); 37 CrLJ 1146, 40 CrJJ 803, AIR 1925 Oudh, 52; AIR 1938 Rajsthan 456; Pakira Purari‑prisoner, AIR (31) 1944 Mad 78; Regina Vs. Camborne justices and another, 1 QB 1955 page 78; Reg Vs. Rand, (1866) LR I QB 230 and 232. Lawyers Involved: ......Sena Bhaban till 12.12.90, when on 12.12.90 he was transferred to the Gulshan House at Road No. 84 at 10’ clock in the afternoon. It has been stated that a Committee was constituted on 12.12.90 for proper sealing of the rooms of Sena Bhaban for making correct inventory of the items found in the ro..Category: Criminal Law | Date: | Hits: 73
Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
....Appellants (In Criminal Appeal No. 408 of 1988). M Shamsul Alam, Deputy Attorney‑General with SB Barua, Advocate ‑ For the State. Aminul Huq with Nizamul Huq, Nurul Islam Sujon, Farid Ahmed and Adilur Rahman Khan, Advocates ‑For the Complainant. Criminal Appeal No. 396 of 1988 with Cr......which though not directly intended by all was taken by all of them commonly intended and thirdly, the act any of the confederates commits in order to avoid or remove any obstruction or resistance for proper execution of the common intention." Once the Criminal act becomes individual of the common..Category: Criminal Law | Date: | Hits: 87
Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)
....rt High Court Division (Special Original Jurisdiction) Present: Anwarul Hoque Choudhury J KM Hasan J Agragami Engineers Ltd.....................Petitioner Vs. Bangladesh Bank and others…………………Respondents Judgment November 17, 1992. Cases Referred To- ...... constructed building. It is the further contention of the respondents that the respondents had never acted unjustly, unfairly or arbitrarily. What they have done, they have done with reasons and for proper management of the internal affairs of the construction of a building which belongs to the Ban..Category: Others | Date: | Hits: 123
Shoaib (Md.) Vs. Uttara Bank Ltd. and another, 1990, 19 CLC (HCD)
....Supreme Court High Court Division (Original Civil Jurisdiction) Present: Md. Mozammel Hoque J Shoaib (Md.)........................................Petitioner Vs. Uttara Bank Ltd. and another. ................Respondents. Judgment June 3, 1990. Cases Referred to- Job......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦. (2) ......................................... "(3) it shall not be lawful for the company to register a transfer of shares in or debentures of the company unless the proper instrument of transfer duly stamped and executed by the transferor and the transferee has bee..Category: Company Law | Date: | Hits: 175
Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....Roy Chowdhury J Naimuddin Ahmed J Saifur Rahman………………………………………………..Petitioner. Vs. Government of Bangladesh, represented by the Secretary, Ministry of Land AdministraÂtion and Land Reforms, DhaÂka and others…………………..Respondents. Judg......ted and intricate question of title of the parties to the suit pending before the Civil Court is involved and this question of title can only be judicially resolved by a competent Court after due and proper consideration of the facts and law involved in the dispute. By the impugned order dated 5.6.8..Category: Property Law | Date: | Hits: 63
Abdul Awal Mia (Md.) Vs. Sonali Bank & others, 1990, 19 CLC (HCD)
....nur Reza Chowdhury J Abdul Awal Mia (Md.).................Appellant Vs. Sonali Bank & others.................Respondents. Judgment May 28, 1990. Cases Referred to- Messers Chand Oil Mills Vs. Haji M Muhammad Zakaria & Co. & 2 others, PLD 1958 Kar. 510; Md. Ibrahim V......iew finds support in decisions reported in 27 DLR 413 and in 38 DLR 39. In 27 DLR 413 it was held: "In determination of question of facts the parties should not be allowed to lead evidence without proper pleadings. It is no longer a mere technicality that material facts should be specifically ple..Category: Civil Law | Date: | Hits: 82
Sigma Huda Vs. Ishfaque Samad and others, 1993, 22 CLC (HCD)
.... High Court Division (Criminal Revisional Jurisdiction) Present: Muhammad Ansar Ali J Kazi Ehadul Hoque J Sigma Huda ............................Petitioner Vs. Ishfaque Samad and others..........Opposite Parties Judgment January 17, 1993. Cases Referred To- Balkr......he accused No.1 (opposite party No.2 herein) on receipt of the said letter dated 22nd July 1985 from the Head Master instructed her lawyer Mrs. Sigma Huda, the accused petitioner, to write and send a proper reply to the said letter of the Head Master. The petitioner who is accused No.3 in this case ..Category: Family Law | Date: | Hits: 191
Idris Mia (Md.) Vs. Promode Ranjan Das & others, 1992, 21 CLC (HCD)
....Vs. Promode Ranjan Das & others…………………Opposite Parties Judgment May 7, 1992. Cases Referred To- Abdur Rahman @ Abdul Rahman Vs. Mokles Ali, 31 DLR (AD) 118; Nayeb Ali and others Vs. Akhtar Rahman and others, 29 DLR 153; Matiur Rahman Vs. Md. Iman Ali @ Md. Iman Miah ...... came to know about it in the month to Sravan, 1380 BS. On coming to know about it he took the certified copy of the kabala on 17.8.73 and filed the above mentioned Misc. Case No.148/73 on 11.9.73 on proper deposit of consideration and compensation. He further claims that the purchasers are stranger..Category: Property Law | Date: | Hits: 72
Ismail Mohammad Vs. Motasim Ali Chowdhury, 1993, 22 CLC (HCD)
....ferred To- Alokeshi Banik Vs. Aftabuddin, PLD 1963 Dhaka 87; M/s. Bangladesh Rubber Industries Vs. Lutfunnessa, 1983 BLD (AD) 220; Shamsul Huque alias Ratan Mia Vs. Shaukat Ali alias Babul Bhuiyan and others, BCR 1985 (AD) 4538 DLR 265. Lawyers Involved: Mahammadullah, Advocate ‑ For the ...... further submits that the defendant petitioner in pursuance of an agreement for sale is in possession of his purchased land since 1968 admittedly and hence he has acquired a legal right over the suit property and if the amendment of the plaint is allowed in such a manner as above, shall have direct ..Category: Property Law | Date: | Hits: 79
Meghna Petroleum Limited Vs. Commissioner of Taxes, 1992, 21 CLC (HCD)
....ioner of Taxes (East Zone) presently Taxes Zone 3, Dhaka……………….Respondent-Opposite Party Judgment October 29, 1992. Cases Referred To- Puran Mat Kauntia Vs. Income Tax Officer and others, 98 ITR 39; Polisetti Narayana Rao Vs. Commissioner of Income Tax, Hyderabad, 29 ITR 222;...... confers appellate jurisdiction, it impliedly grants the power of doing all such acts, or employing such means, as are essentially necessary to its execution and statutory carries with it the duty in proper cases to make such orders for staying proceeding will prevent the appeal if successful from b..Category: Fiscal/Taxation Law | Date: | Hits: 98
State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
....Present ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J State...................................................................Petitioner Vs. Md. Monirul Islam alias Nirab and others..................Respondents Judgment January 5, 2011. Cases Referred To- L......elf." 16. Regarding the granting of the bail to a person who is not yet arrested, his Lordship held ".................the reply which I would give to the question referred to us is that, in a proper case, the High Court has power under section 498, Criminal Procedure Code, to make an order t..Category: Criminal Law | Date: | Hits: 89
Chairman, Rural Electrification Board Vs. Md. Awlad Hossain and Others, 2010, 39 CLC (AD)
....nha J The Chairman, Rural Electrification Board, Head Quarter Building, Nikunja-2, Khilkhet, Dhaka-1229………………………………………………Petitioner Vs. Md. Awlad Hossain and Others………………………………Respondent Judgment February 7, 2010. Cases R......ht of river crossing tower and implemented the final design without approval of the Board (Annexure-G series). The respondent No.1 submitted his reply but failed to satisfy the Inquiry Committee with proper reasonings and explanations. The Inquiry Committee submitted its report stating that the resp..Category: Employment/Service Law | Date: | Hits: 175
Zahir Sheikh Vs. Md. Yakub Ali and others, 1990, 19 CLC (HCD)
.... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Habibur Rahman Khan J Zahir Sheikh.......................................Petitioner Vs. Md. Yakub Ali and others......................Opposite Parties. Judgment January 3, 1990. Lawyers Involve...... instituted a suit bearing OC Suit No. 384 of 1976 on 3.8.76 in the Court of Munsif, Sadar, Mymensingh against the defendants for a declaration that the plaintiffs are the 16 annas owners of the suit property described in the Schedule of the plaint. The learned District Judge, Mymensingh by his orde..Category: Procedural Law | Date: | Hits: 102
Abdul Kader (Md.) Vs. Md. Abdul Rafi Prodhan and other, 1989, 18 CLC (HCD)
....urt Division (Civil Revisional Jurisdiction) Present: Bimalendu Bikash Roy Chowdhury J Abdul Kader (Md.).......................................Petitioner Vs. Md. Abdul Rafi Prodhan and other.................Opposite Parties. Judgment June 20, 1989. Cases Referred to- ......ing failure of justice in not dismissing the election petition for noncompliance with rule 44(3) of the Rules in the matter of depositing the security for the costs of the election petition under the proper head. According to him, it was incumbent upon the opposite party to deposit security for the ..Category: Election Law | Date: | Hits: 130
Anwar Hossain Majhi Vs. Government of BanglaÂdesh & others, 1989, 18 CLC (HCD)
....amp; others...............Respondent. Judgment December 5, 1989. Cases Referred to- 1981 BLD (AD) 196 Md. Abdul Hai Bhuiyan Vs. Secretary, Ministry of Local Government, Rural Development and Co‑operative and others. Lawyers Involved: Aminul Huq with Md. Nizamul Huq, Advocates â€......y supplied by the Government. Thus, the learned Deputy Attorney ÂGeneral submits that when there are allegations in the above mentioned two cases against the petitioner, regarding mishandling of the property of the Upazila Parishad it is quite reasonable on the part of the Government in the formati..Category: Election Law | Date: | Hits: 121
Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....diction) Present: M S Ali J Naimuddin Ahmed J Rana Awan (Mrs.)........................................... Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Works and others.......Respondents. Judgment August 20, 1990. Cases Referred to- 16 DLR (SC) ......itution of an order passed by the Respondent No. 1 through the Respondent No. 2, the Secretary, Ministry of Works, Government of People's Republic of Bangladesh on 17.4.85 refusing to release certain properties from the list of abandoned properties which has been earlier declared as abandoned proper..Category: Property Law | Date: | Hits: 78
Sohel @ Sanaullah @ Sohel Sanaullah Vs. State, 2011, 40 CLC (AD)
....cord—For the Appellant. Momtazuddin Fakir, Additional Attorney-General instructed by B Hossain, Advocate-on-Record —For the Respondent. Criminal Appeal No. 32 of 2008. (From the Judgment and order dated 11-11-2007 passed by the High Court Division in Death Reference No. 93 of 2004 along...... Procedure is a lacuna and this lacuna cannot be filled up now, that the sending back of the case on remand has given the prosecution an opportunity to fill up this lacuna which has been unjust and improper and has prejudiced this accused-appellant. The learned Advocate has argued also that except t..Category: Criminal Law | Date: | Hits: 84
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