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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)

....o. (USA) Ltd. and the share‑holders and directors of both the companies are the same as will appear from the address of the M/4 Continental Grain Co. (Canada) Ltd. given in the contract between the Government of Bangladesh and M/s Continental Grain Co. (USA) Ltd. He submitted that the petitioner i......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

Anu Bala Vs. Upazila Nirbahi Officer, Perojpur and Others, 1990, 19 CLC (HCD)

.... at village Dumari Tala as the citizen of Bangladesh. He never migrated to India and as such describing the property as vested property is wholly illegal and without jurisdiction. 4. The defendant Government contested the suit by filing written statement stating, inter alia, that the suit is barr......ch we find no illegality to interfere in the Revisional jurisdiction of this Court. In the result, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 611...

Category: Limitation Law | Date: | Hits: 192

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

....ing on 3rd October, 1991 the learned Attorney‑General informed the Court that the impugned Ordinance Annexure 'E' to the petition being Ordinance No. XXXIII of 1991 has already been repeated by the Government and in support thereof the Gazette Notification dated 3rd October, 1991 was produced befo......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

Nizamul Haque and Others Vs. Singa Bangla Garment Manu­facturing Company (Pvt) Ltd., 1990, 19 CLC (HCD)

....ny Singa‑Bangla Garment Manufacturing Co (Pvt) Ltd. having its office and factory at 45, Mohakhali Commercial Area, PS Gulshan, Dhaka is hereby wound up from today. Let the Official Receiver of the Government of Bangladesh be appointed as Official Liquidator in this case. The Official Liquidator i......ain a stay order from the Appellate Court. The prayer is allowed and this judgment will come into operation just after two weeks from date. Ed. This Case is also Reported in: 43 DLR (1991) 603. ..

Category: Company Law | Date: | Hits: 190

Afsar Ali Chowdhury and others Vs. The People's Republic of Bangladesh, 1990, 19 CLC (HCD)

....s further submitted that Article 27 of the Constitution has provided that all citizens are equal before the law and entitled to equal protection of law, so no specific privilege can be offered to the Government in Civil litigation and thus 3 Years limitation in matters like this would be applicable,...... with approval. We find no substance in this application which is thus, rejected summarily. The stay granted earlier is here by vacated. Ed. This Case is also Reported in: 43 DLR (1991) 593. ..

Category: Civil Law | Date: | Hits: 87

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

....ter started functioning as the Chairman of the Upazila Parishad. 5. When that was the matter, Abdur Rab Munshi, the opposite party No. 1 filed an election petition under section 20(2) of the Local Government (Upazila Parishad and Upzila Administration Re‑Organisation) Ordinance, 1982 before the......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)

....ed 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 examination and report and also seized the alama......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

Abdul Quader Chowdhury Vs. Sayedul Hoque & others, 1990, 19 CLC (HCD)

....ara Survey in the names of the different persons on the basis of their title and possession. The land of plot No. 123 is a reformed land and subsequently recorded in khatian No. 1 as khas land of the Government. The Government settled the said land measuring 78.23 to the different persons including ......s hereby affirmed. In the result, both these Rules are discharged. No order as to Cost. The connected stay orders are hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 568. ..

Category: Property Law | Date: | Hits: 72

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

....aintiff by a certificate proceeding, as the management of the estate of the ex‑landlord, defendant No. 1 was given to the Court of Wards; that during the last settlement operation, Tahsildar of the Government acquired Estate demanded illegal gratification from the plaintiff but he failed to meet s......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

Hosne Ara Begum Vs. Alhaj Md. Rezaul Karim and others, 1990, 19 CLC (HCD)

....and ors, reported in 38 DLR (AD) 172. In the case of Sultan Ali Vs. Nur Hossain, reported in AIR 1949 Lah 131 in dealing with the question whether the Election Petition Tribunal constituted under the Government of India (Provincial Election) (Corrupt Practices and Election Petition) Order, 1936 was ......e Court of appeal under section 17 of the said Ordinance, 1985, but nevertheless remaining a Court subordinate to the High Court Division. Ed. This Case is also Reported in: 43 DLR (1991) 543. ..

Category: Family Law | Date: | Hits: 210

Sattar Match Works and others Vs. Bangladesh Chemical Industries Corporation and others, 1990, 19 CLC (HCD)

....gladesh the Ujala Match Factory at Shyampur, Dhaka and Sattar Match Works at Lama, Chittagong Hill Tract as well as the Pakistan Manufacturers and Industries Limited were taken over and vested in the Government as abandoned property under the Presidential Order No. 16 of 1972. After taking over the ......ith Sattar Match Works. With the above direction and observation this application is disposed of but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 532. ..

Category: Intellectual Property Law | Date: | Hits: 264

State Vs. Satya Narayan Sarada, 1991, 20 CLC (HCD)

....er the order of discharge passed by the learned Magistrate, the Customs Authority held further enquiry and asked the opposite party to show cause why the seized goods should not be confiscated to the Government when the opposite party showed causes to the Customs Authority. There on examination of t......ocedure. The Rule is therefore discharged. The order of stay granted by this Court and the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 529...

Category: Criminal Law | Date: | Hits: 72

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

.... resorted to corrupt practices in the election at Kadamtali Madrasha and Gangaprashad Primary School Centres and that the petitioner was a defaulter within the meaning of section 7(2)(g) of the Local Government (Union Parishad) Ordinance, 1983 and disqualified as such from becoming a candidate at th......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)

....r 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 t......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

Farzana Huq Vs. Bangladesh, 1990, 19 CLC (HCD)

....ses 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......on him. The petitioner categorically stated all these facts in her petition but those go unchallenged from the side of the respondents and hence those must be taken to be admitted. Curiously enough nobody deemed fit even to explain why the police was obliged to keep the detenu confined in this fashi..

Category: Constitutional Law | Date: | Hits: 287

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

....herewith. 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)......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

Delta Jute Mills Limited and another Vs. Sonali Bank and others, 1990, 19 CLC (HCD)

....sented by the petitioners that the Promoters Agreement set down the basis of the association for the arrangements for financing the establishment of the jute mill from the funds made available by the Government of the United Kingdom (hereinafter called UK Credit) through the then Government of Pakis......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. ..

Category: Company Law | Date: | Hits: 213

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

....lementary affidavit having been sworn on 15.8.1991 was filed on behalf of the accused petitioner with the averment that a total sum of Tk. 1,33,68,700.00 which was taken as advance by the teachers of Government Primary Schools of Gobindaganj Upazila from their respective Provident Fund Account were ......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