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Nannu (Md.) Miah Vs. Mosammat Peer Banu Bibi & another, 1990, 19 CLC (HCD)
....ch formed part of the decree. The defendant filed Title Execution case No. 36 of 1976 and obtained through Court delivery of possession of his 8 annas share in the properties on 22.6.90. On the other hand, the plaintiff preferred Civil Rule No. 892(F) of 1980 to the High Court Division with an appli......t. 5. There is no dispute that where a suit is barred by res judicata the Court may reject the plaint on that ground res judicata means that a person shall not be heard to say the same thing twice over. It prohibits the Court from entering into any enquiry at all as to a matter already adjudicate......or of law. The impugned order is not liable to be interfered with, In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 526...Category: Procedural Law | Date: | Hits: 86
Bangladesh Vs. Unimarine SA Panama and other, 1977, 6 CLC (HCD)
.... reported in 28 DLR 231 were wrongly applied to the present case by the learned Subordinate Judge. 4. Mr. Hafizullah, the learned Advocate appearing for the defendant respondents has, on the other hand, contended that in the application filed by the Government there is no statement to the effect ...... the Appellant. M. Hafizullah, Nurul Islam-For the Respondents. Appeal from Original Order No. 219 of 1977 with Civil Rule No. 639 (fm) of 1977. Judgment KM Subhan J.- This appeal by the Government is from the judgment and order dated 16.5.77 passed by the learned Subordinate Judge of th......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)
....vity. Perforation of liver one bullet has been recovered from liver. Fracture of frontal bone and left inforal clotted blood in corasic abdominal cavity. Bullets recovered from, the dead body were handed over to the escorting constable under seal cover. Opinion. Death in my opinion, was due......ction 374 Cr.P.C. for confirmation of death sentence awarded to the condemned prisoner. Charge was framed against the condemned prisoner and other accused u/s 302/34 of the Penal Code and it was read over to them who pleaded not guilty and claimed to be tried. Prosecution examined as many as 19 witn......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...Category: Criminal Law | Date: | Hits: 93
Farzana Huq Vs. Bangladesh, 1990, 19 CLC (HCD)
.... respondents to set the detenu at liberty forthwith and also to report compliance of the order on or before 1.2.89. 2. The subsequent order was also not complied with. The Government, on the other hand, passed on 9.8.89 a fresh order u/s. 3(1)(a) for his further detention. The petitioner again mo......es Referred to- Golam Hossain alias Gama Vs. Commissioner of Police, Calcutta and others, AIR 1974 (SC) 1336; Ship Ratan Makin; Vs. Union of India, AIR 1986 (SC) 610; Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 40 DLR (AD) 178; Government of East Pakistan Vs. Rowshan Bijaya ......t Narsingdi now detained in Dhaka Central Jail be set at liberty forthwith and to report compliance of the order to this Court within a week. Ed. This Case is also Reported in: 43 DLR (1991) 501...Category: Constitutional Law | Date: | Hits: 287
Nehal Uddin (Md.) and others Vs. Amena Khatun and others, 1990, 19 CLC (HCD)
....osite Party. Judgment August 23, 1990. Cases Referred to- Immambandi and others Vs. Mutsaddi and others, 45 IA 73; Sonaullah Hawlader Vs. Apseruddin Bali and others, 7 DLR 514; Jogendra Chandra Kapali Chowdhury and another Vs. Arjun Chandra Kapali & others, 15 DLR 628; Sadak Ali Vs.......r in Title Appeal No. 54 of 1966 reversing those dated 9.2.66 passed by the learned Munsif, 1st Court, Rangpur. 2. Plaintiffs case, in short, is that the land hereinafter called the suit property covered by Khatian No. 14 (Ext. 2) of Mouza Marichbari within PS Mithapukur originally belonged to on......e. In the facts and circumstances of the case there will be no order as to costs. Let the lower Courts records be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 492...Category: Property Law | Date: | Hits: 71
Investment Corporation of Bangladesh Vs. Bata Shoe Company (Bangladesh) Ltd., 1990, 19 CLC (HCD)
....egistered under the Companies Act, 1913 having its registered place of business at Tongi, Dhaka. It carries on business of manufacturing and dealing in different kinds of boots, shoes and leather merchandise and to carry on all kinds of business connected therewith. 3. In 1985, the respondent‑c......erewith. 3. In 1985, the respondent‑company issued a prospectus to the public at large for the public issue of its 14,25,000 ordinary shares of Tk. 10.00 each after obtaining the consent of the Government of Bangladesh under order dated 27.5.85 under the Capital Issues (Continuance of Control) ......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. ..Category: Company Law | Date: | Hits: 208
Delta Jute Mills Limited and another Vs. Sonali Bank and others, 1990, 19 CLC (HCD)
....hout lawful authority and is of no legal effect. Considering the facts of the case, we, however, award cost against Respondent No. 2 only. Ed. This Case is also Reported in: 43 DLR (1991) 483. ......established a jute mill at Chowmohani in the district of Noakhali under Promoters Agreements dated 25.6.63 as amended on 12.8.65. Subsequently the petitioner company was formed on 27.7.65 and it took over the said jute mill. After the liberation of the country the petitioner company was nationalised......ok over the said jute mill. After the liberation of the country the petitioner company was nationalised under provisions of the Bangladesh Industrial Enterprises (Nationalisation) Order, 1972 and the management of the mill vested in the Bangladesh Jute Mills Corporation (hereinafter referred to as t..Category: Company Law | Date: | Hits: 213
Mir Amir Ali Vs. State, 1991, 20 CLC (HCD)
.... also contended that the FIR does not disclose that any portion of the money alleged to have been given as loan on account of the General Provident Fund to the loanees was at any point of time in the hand of the accused petitioner and the accused petitioner misappropriated the same. To appreciate th......l amount Tk. 1,33,68,700.00 already Tk. 99,20,580.00 was adjusted towards the GP Fund Account before the filling of the application for quashment. It is also stated that the FIR does not disclose any overt act of the petitioner showing his collusion with the school teachers and as such the criminal ......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. ..Category: Criminal Law | Date: | Hits: 104
Sk. Shahadat Ali and others Vs. Deputy Commissioner, Khulna and others, 1992, 21 CLC (HCD)
....a case against the petitioners to the Sub‑Zonal Martial Law Administrator in the matter who by its order No.MIL 279/815(2) dated 28.11.82/2.12.82 directed the District Authority to evict them and hand over possession of the same to the Port Authority on 28.2.83. Copies of the aforesaid Memos of ......itioned and acquired in Case Nos. 3/1951‑52(5), 4/1949‑50 and 62/194950 of the Office of the Collector, Khulna. Since then the petitioners and others had been paying rent regularly to the then Government of East Pakistan and thereafter to the Government of Bangladesh. The petitioners and other......without any order as to costs. It is directed that the petitioners be restored to full physical possession of their land in question. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 237. ..Category: Property Law | Date: | Hits: 138
Virginia Tobacco Co. Ltd. and others Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
....ondent 1 as section 55 of the Ordinance does not empower him to pass an order to deposit the wages and lay‑off benefits, etc. and as such is liable to be struck down. 7. Mr. Rashid, on the other hand, appearing for some of the Respondents, vehemently contends that although section 34 of the Ord......or Corporation. The petitioner 2, the original owner, was appointed sole Administrator in 1978 who in order to get back the ownership of the industry created artificial financial problem so that the Government is compelled to return the ownership to him. Although there was no financial problem and s......arettes. 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 emergence of Bangladesh. And it was under the management of the petitioner 2 who is a citizen of Bangladesh. The industry had been running on loss..Category: Labour and Industrial Law | Date: | Hits: 129
Bangladesh Vs. Md. Ishaque being dead his heirs Lakhaxmi Bibi and others, 1992, 21 CLC (HCD)
....ral heating system was not a structural alteration or addition'. We all think, all three of us, that he went wrong in point of law. He misconstrued those words. That error can be described on the one hand as an error which went to his jurisdiction. In this way: if he had held that it was a 'structur......d his heirs Lakhaxmi Bibi and others....................Respondent Judgment October 29, 1992. Cases Referred To- Ishaque Vs. Bangladesh, 43 DLR (AD) 28; Abdul Gafur Khan and another Vs. Government of Bangladesh & ors., 42 DLR (AD) 99; Pearlman Vs. Keepers and Governors of Harrow Sch......r proceedings of Money Execution case No.24 of 1986 of the 3rd Court of Subordinate judge, Dhaka be stayed till 15th February, 1993. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 223. ..Category: Property Law | Date: | Hits: 76
Surat Ali (Md) Vs. Administrator of Waqfs and others, 1991, 20 CLC (HCD)
.... by user" and forming a Management Committee with eleven members for the management of the said Mosque and the order dated 6.10.85 of the respondent No.2 directing the Secretary of the said Mosque to hand over charge of k mosque to the said Committee should not be declared to have been passed withou......ser" and forming a Management Committee with eleven members for the management of the said Mosque and the order dated 6.10.85 of the respondent No.2 directing the Secretary of the said Mosque to hand over charge of k mosque to the said Committee should not be declared to have been passed without law...... upon to show cause as to why the orders dated 14.8.85 passed by the respondent No.1 declaring the Baitul Aman Mosque “a waqf by user" and forming a Management Committee with eleven members for the management of the said Mosque and the order dated 6.10.85 of the respondent No.2 directing the Secre..Category: Trust/Waqf Law | Date: | Hits: 183
Shahabuddin Vs. Abdul Gani Bhuiyan, 1989, 18 CLC (HCD)
....rth Tk. 22,500.00 from the godown situated at 3 old Bank Road owned and possessed by Belayet Hossain in spite of the protest and resistance of the petitioner and one Forhad Ali Sarker and Sree Gopal Chandra, the employees of the said Comilla Salt Industries. The accused persons had stolen away commo......n the learned Magistrate directed the Investigating Officer to inquire into the matter and submit a report to the Court The Investigating Officer submitted his report on 8.6.87 and prayed for handing over the possession of the godown to the proprietor of the Comilla Salt Industries with the commodit......elates to sale of the salt and molasses and that of the learned Magistrate is restored. In the result, this Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 217. ..Category: Criminal Law | Date: | Hits: 64
State Vs. Md. Shah Nowroj and others, 2011, 40 CLC (HCD)
....ined and complete. The learned Judge also failed to understand that the witnesses, who did not support the prosecution case, being local people, were influenced by the respondents. 6. On the other hand, Mr. Md. Abdur Razzak, learned Advocate appearing for the respondents submits that the learned ......, but without doing any earth-work had misappropriated the rice in collusion with each other. In cross-examination he stated that he had started investigation after one year of the project-period was over. He did not know the project areas and that he did not take measurement of any work. P.W.3 G...... passed by the Divisional Special Judge, Khulna in Special Case No. 18 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 97
State Vs. Sheikh Mujibur Rahman and others, 2011, 40 CLC (HCD)
....ined and complete. The learned Judge also failed to understand that the witnesses, who did not support the prosecution case, being local people, were influenced by the respondents. 6. On the other hand, Mr. Md. Abdur Razzak, learned Advocate appearing for the respondents submits that the learned ......showed him two master rolls and asked him whether he knew 5/6 persons named in the said rolls. He replied that they were no more residing in the area. They were seasonal workers. After the season was over, they left. In cross-examination he stated that during their stay at village Jalma, they used i......3 passed by the Divisional Special Judge, Khulna in Special Case No. 16 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 101
State Vs. Sk. Arif Newaz and others, 2011, 40 CLC (HCD)
....ined and complete. The learned Judge also failed to understand that the witnesses, who did not support the prosecution case, being local people, were influenced by the respondents. 6. On the other hand, Mr. Md. Abdur Razzak, learned Advocate appearing for the respondents submits that the Division......im two master rolls and asked him whether he knew 5/6 persons named in the said rolls. He replied that those people were no more residing in the area. They were seasonal workers. After the season was over, they left. In cross-examination he had pointed out a shed, where the said seasonal workers use......ivisional Special Judge, Khulna in Special Tribunal Case No. 13 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 86
Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)
....ate..................Opposite Party Judgment March 9, 1992. Cases Referred to- 35 DLR (AD) 127; Fatema Begum alias Urmila Rani Vs. Gageswar Nath and the Sale, 9 BLD (1989) 469; Sukhendra Chandra Das Vs. Secretary, Ministry of Home Affairs, 42 DLR 79; Prafulla Kumar Bhattacharya Vs. Minis......etary, Ministry of Home Affairs, 42 DLR 79; Prafulla Kumar Bhattacharya Vs. Ministry of Home Affairs Govt. of Bangladesh, 28 DLR (HC) 123; Krishna Pada Dulta Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh, 42 DLR 297 (Para 15); Sumati Begum Vs. Refique Ullah and another, Criminal ......s concerned in the case. In the result, the rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ..Category: Criminal Law | Date: | Hits: 80
Abu Hossain and others Vs. Registrar of Trade Union and others, 1992, 21 CLC (HCD)
....ion of law affecting Public interest is involved but none of the Senior officer of the office of the Attorney‑General appeared in this case. Neither Side in this case was in a position to lay their hands on any reported decisions of this Court and only two decisions of the Indian Supreme Court has......rticle 102(2) of the Constitution of the People's Republic of Bangladesh and is directed against an order containing in Memo No.RTU (195) 91 406 dated 25.5.91 passed by the Registrar of Trade Union, Government of Bangladesh refusing registration of the Union as per section 23A of the Ordinance LI of......ctive consumers of electricity into formal and informal groups such as Palli Biddut Samities, electric and other co-operatives societies, associations and companies for the purpose of execution and management of the scheme and providing related services, to make offer from the Bangladesh Power Dev..Category: Labour and Industrial Law | Date: | Hits: 204
Philips Electrical Company Ltd. Vs. Commissioner of Taxes (South) Zone, Dhaka, 1992, 21 CLC (HCD)
.... jurisdiction to assess income of the previous year of the assessee in Bangladesh in view of the provisions of sections 3, 4, 4A(C) and 2(14AA) of the income Tax Act, 1922. The assessee, on the other hand, urged before the Tribunal that the Deputy Commissioner of Taxes had no jurisdiction to tax the......ready suffered tax in Pakistan. As we hold that the same income cannot be taxed twice contrary to the principle of Taxation, we are not inclined to consider the arguments on tax on the successor. Moreover, the question of succession does not attract the present case as the tax has not been assessed ......tion 10(9) and 2(14AA) we agree with the view of the Tribunal that the assessee is a person and was a resident in the taxable territories for the previous year ending on 31.12.1970 as the control and management of the affairs of the assessee company was situated wholly in Pakistan, which according t..Category: Fiscal/Taxation Law | Date: | Hits: 109
Abdul Jalil Vs. Bangladesh Steel & Engineering Corporation, 1989, 18 CLC (HCD)
....endant No. 2 gave certain directive to the plaintiff to coordinate and facilitate removal of the finished stock & raw materials from the Re‑rolling Mills under disinvestment and which are to be handed over to the purchasers within a very short time by taking up the matter with NBR, Banks and o......No. 2 gave certain directive to the plaintiff to coordinate and facilitate removal of the finished stock & raw materials from the Re‑rolling Mills under disinvestment and which are to be handed over to the purchasers within a very short time by taking up the matter with NBR, Banks and other ag......aintiff petitioner had become the General Manager (Steel) BSEC, Dhaka in 1977 and in 1981 he was Managing Director, Chittagong Steel Milis Ltd. North Patenga, Chittagong. In the matter of running and management of the Chittagong Steel Mills there arose some misunderstanding between the plaintiff and..Category: Employment/Service Law | Date: | Hits: 108
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