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Mosharraf Hossain Mia Vs. Mosammat Hasina Begum and others, 1990, 19 CLC (HCD)
....mpugned order of the learned Subordinate Judge is set aside. The learned Subordinate Judge should dispose of the suit as early as possible. Ed. This Case is also Reported in: 43 DLR (1991) 254. ......urisdiction or authority to pass the order of arrest either under section 94(a) or rule 1 of Order 38 of the Code of Civil Procedure. 8. Mr. Md. Abdus Sobban, the learned Advocate for the opposite party No. 1, concedes that the Court has no jurisdiction to pass the impugned order under the above ..Category: Property Law | Date: | Hits: 85
State Vs. Kalu Bepari, 1990, 19 CLC (HCD)
....rned Magistrate made real endeavour for coining to the conclusion that the statement was voluntary. In the circumstances the omission to record the questions and answers cannot be considered as fatal defects especially when we are satisfied that the confession has been made duly though it was not re......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. ..Category: Criminal Law | Date: | Hits: 81
Shamsul Haque (Md.) Vs. The State, 1990, 19 CLC (HCD)
....is, therefore, summarily rejected and consequently the petition of appeal in connection therewith is also rejected as barred by limitation. Ed. This Case is also Reported in: 43 DLR (1991) 247. ......is, therefore, summarily rejected and consequently the petition of appeal in connection therewith is also rejected as barred by limitation. Ed. This Case is also Reported in: 43 DLR (1991) 247. ..Category: Criminal Law | Date: | Hits: 70
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.......declaration of the then East Pakistan High Court in Writ Petition No. 435 of 1967 and Pakistan Supreme Court refusing leave to appeal there from are without jurisdiction, and the plaintiffs not being party to the High Court and Supreme Court decisions were not bound by them. 2. The plaintiffs fur..Category: Civil Law | Date: | Hits: 79
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....... that the principle of exhaustion of statutory remedy is applied as a general rule, in the matter of issuing certiorari and the superior Court will ordinarily decline to interfere until the aggrieved party has exhausted his statutory remedies. In the result, on the grounds stated above the applic..Category: Administrative Law | Date: | Hits: 175
Sheikh MA Jabbar Vs. AKM Obaidul Huq and others, 1990, 19 CLC (HCD)
....passed by the Metropolitan Magistrate in case No. 792A/95 is set aside. The Rule arising out of Criminal Revision No. 239/88 is discharged. Ed. This Case is also Reported in: 43 DLR (1991) 233. ......er under section 448 of the Penal Code which is the subject matter of the rule in Criminal Revision No. 239/88. 4. The facts relevant for both the rules are as follows: The complainant opposite party filed a complaint petition on 3.10.85 against the accused‑petitioner under sections 380/448 ..Category: Criminal Law | Date: | Hits: 59
Lukus Miah Vs. State, 1991, 20 CLC (HCD)
....is set aside and the accused acquitted of the charge levelled against him. He should be set at liberty if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 230.......it is evident that the statement made by PW 1 in the FIR or in Court does not come within the mischief of rape defined under section 375 and made punishable under section 376 BPC as she was a willing party and had sexual intercourse with the appellant quite willingly or a long time and got a child b..Category: Criminal Law | Date: | Hits: 68
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.......ia, Advocate ‑ For the Opposite Parties. Civil Revision No. 642 of 1987. Judgment Mohammad Mozammel Hoque J. - In this Rule issued under section 115 of the Code of Civil Procedure opposite party Nos. 1 to 2 were directed to show cause as to why the judgment and order dated 10.5.87 passed ..Category: Property Law | Date: | Hits: 59
....ned Advocate for the petitioner. On the contrary they go against him.
In the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 223.
......ame Cashier of the Registered Eastern Pharmaceuticals Sramik‑O‑Karmachari Union, Dhamrai. The case of the respondent No. 2 (Worker) as stated by the First Labour Court is as follows
"The first party was a worker under the second party and he worked as a bottle washer in Bottle Washing Departm..
Category: Employment/Service Law | Date: | Hits: 89
Dewan Mohammad Safare Ali & others Vs. People's Republic of Bangladesh, 1990, 19 CLC (HCD)
....ance with the principle laid down in Order XLI Rule 21 of the CPC. In the result, the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 221.......ance with the principle laid down in Order XLI Rule 21 of the CPC. In the result, the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 221...Category: Property Law | Date: | Hits: 60
Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....e, with the above observation I fully agree with the decision of my learned brother Anwarul Hoque Chowdhury J. that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 347. ...... application before moving the instant application and in the instant case it being not a case of taking notice by this Court Suo motu or on the report of the lower court, but on the application of a party interested, the question of Court's inherent power of taking cognizance suo motu also would no..Category: Criminal Law | Date: | Hits: 73
Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
....se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ......offenders cannot be ascertained though their moral culpability is clear and identical. This section may be applied also where it is difficult to distinguish between the act of individual members of a party who act in furtherance of their common intention but it is difficult to prove exactly what par..Category: Criminal Law | Date: | Hits: 87
Bangladesh Inland Water Transport Corporation Vs. Nazma Transport Company, 1991, 20 CLC (HCD)
.... Court and the Marine Court is at liberty to proceed with the proceeding in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ......sent suit is not maintainable in view of the fact that a proceeding on the self same incident is pending before the Marine Court, Dhaka, which is competent to give appropriate relief to the aggrieved party viz, the plaintiff. In the written statement it is categorically stated that the Ministry of P..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. ...... Party No.1 Plaintiff‑Petitioner. Not represented‑ the Petitioner‑Opposite Party. Civil Revision No. 485 of 1987. Judgment DM Ansaruddin Ahmed J.- This is an application by opposite party respondent‑plaintiff for vacating the judgment passed ex parte on 13.02.90 making absolute t..Category: Procedural Law | Date: | Hits: 73
Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)
....26th August,91 addressed to the Prime Minister's Secretariat the respondent No. 2 stated that a sub‑committee of the respondent No.1considered the offer of the petitioner company and found it to be defective in comparison to the offer of the other tenderers and since there were "conflicting opinio......uld not be framed either under section 42 or under any other law far less to seek a preventive relief by way of injunction restraining the Tender Committee from concluding the contract with the third party and giving effect to the decision." 21. A similar point arose in the case of UK Salasabil v..Category: Others | Date: | Hits: 123
Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....of Tk. 100/-, in default, to suffer simple imprisonment for 1(one) day. They respondent No.2 is let off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ......re being made with the motive to rescue the Government from the compulsion of filing affidavits. He further commented that at the time of delivering judgments, the Judges are giving preference to the party's identity of a particular political party other than that of the interpretation of law. One J..Category: Criminal Law | Date: | Hits: 124
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. ......e tender document, annexure-B, his representations in annexures H and H-1. He is now stopped from denying the liability. 11. An estoppel arises when a representation is acted upon as true by the party to whom it is made. Generally the elements of estoppel are the representations made under circ..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. ...... Court, Brahmanbaria, who vide judgment and decree dated 25-9-2003 allowed the same. 5. Being aggrieved by and dismissed with the judgment and decree of the appellate Court, the plaintiff-opposite-party Nos. 1 and 2 preferred Civil Revision No. 4954 of 2003 before the High Court Division and ob..Category: Property Law | Date: | Hits: 75
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. ......of East Pakistan, as it was then. The High Court also rejected the said revisional application upholding the order of the Additional Sessions Judge, 3rd Court, Bakerganj. The respondent No. 4 and his party men then instituted a Title Suit being Title Suit No. 191 of 1959 in the Court of the Subordin..Category: Property Law | Date: | Hits: 63
Boynuddin and others Vs. Azimuddin and others, 1989, 18 CLC (HCD)
....with costs and the order dated 27.3.73 is set aside and the miscellaneous case under section 47 of the Code of Civil Procedure is restored. Ed. This Case is also Reported in: 43 DLR (1991) 207. ...... 3 witnesses on 30.12.72 that the decree holder did not pay the CP cost and did not take any steps on the date; that the opposite parties 1‑4 are not the heirs of late Hakimuddin and they are third party strangers; that some of the judgment debtors who were minors have not been represented in the ..Category: Procedural Law | Date: | Hits: 83
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