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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. ......upreme Court High Court Division (Civil Revisional Jurisdiction) Present: Anwarul Haque Chowdhury J Kazi Ebadul Hoque J Yakub (Md.) Ali Howlader.......................Petitioner Vs. Abdur Rab Munshi..........................Opposite Party. Judgment November 18, 1990. ...... 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......s contemplated by this section lies squarely on the prosecution. It is obligatory on the part of prosecution to prove affirmatively that maker of the report is dead, or that he cannot be found within Bangladesh or that he cannot be called and produced as a witness without unreasonable delay or expen......1991) 573. ......AIR 1954 (Madras) 152; Fateh Sher and another Vs. the Crown, PLD 1956 (Lahore) 157; 1972 Pak. SCMR 685 and 1973 Pak. SCMR 83; 1971 Pakistan SCMR 432, Hakim Ali and 4 others Vs. the State and another; Md. Ali Haider & Ors. vs. The State, 40 DLR 97; State vs. Mokbul Hossain, 37 DLR 156; PLD 1962 (Dacc..

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. ......rted in: 43 DLR (1991) 568. ......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

Amir Ali & others Vs. State, 1990, 19 CLC (HCD)

....sult, the appeal is allowed and the order of appellants shall be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 564. ...... the sarees. He admitted that during investigation the sarees were not sent for opinion of the expert. He denied the defence suggestion that those sarees were stolen goods and that those were made in Bangladesh and that the same with truck were taken to the police station as a result of the quarrel ......43 DLR (1991) 564. ......han with Gour Gopal Shaha, Advocates ‑ For the Appellants. Salma Masud Chowdhury, Advocate ‑ For the State. Criminal Appeal No. 130 of 1989. Judgment AM Mahmudur Rahman J. - Appellant Md. Amir Ali and Md. Ismail have been convicted under section 156(8)(89) of the Customs Act, 1969 re..

Category: Fiscal/Taxation Law | Date: | Hits: 101

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...... Courts records immediately. Ed. This Case is also Reported in: 43 DLR (1991) 551. ......1. ........................................................Appellant Vs. Dewan Obaidur Reza Chowdhury and Others.................Respondents. Judgment November 29, 1990. Cases Referred to- Md. Ibrahim Vs. Md. Alauddin, 27 DLR 413; Abdul Mannan and others Vs. Halima Khatun and others, 27 D..

Category: Property Law | Date: | Hits: 101

Sadharan Bima Corporation Vs. Bangladesh Shipping Cor­poration & others, 1990, 19 CLC (HCD)

....interests of the parties in any manner whatsoever and the Court will be at liberty to decide the matter independently in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 548.......R (1991) 548.......: 43 DLR (1991) 548.......y to decide the matter independently in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 548...

Category: Admiralty Law or Maritime Law | Date: | Hits: 195

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. ......urt Division (Civil Revisional Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Hosne Ara Begum.........................................Petitioner Vs. Alhaj Md. Rezaul Karim and others ................Opposite Party. Judgment August 13, 1...... (Civil Revisional Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Hosne Ara Begum.........................................Petitioner Vs. Alhaj Md. Rezaul Karim and others ................Opposite Party. Judgment August 13, 1990. Cases..

Category: Family Law | Date: | Hits: 210

Atash Ali and others Vs. Rebati Mohan Sarker and 3 others, 1990, 19 CLC (HCD)

....t; the Rule is discharged. The learned Munsif is directed to proceed with the case in accordance with the case in accordance with the law. Ed. This Case is also Reported in: 43 DLR (1991) 539. ......d others..............................Petitioners Vs. Rebati Mohan Sarker and 3 others..........Opposite Parties. Judgment April 19, 1990. Cases Referred to- Trading Corporation of Bangladesh and others Vs. Syed Sajeduzzman, 40 DLR (AD) 406; Rafiqul Islam Vs. A. Kalam, 42 DLR 19. ......in: 43 DLR (1991) 539. ......t; the Rule is discharged. The learned Munsif is directed to proceed with the case in accordance with the case in accordance with the law. Ed. This Case is also Reported in: 43 DLR (1991) 539. ..

Category: Civil Law | Date: | Hits: 93

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 ...... High Court Division (Special Original Jurisdiction) Present: Md. Mozammel Hoque J Sattar Match Works and others...................................................Petitioners Vs. Bangladesh Chemical Industries Corporation and others.................Respondents. Judgment Au......e Court High Court Division (Special Original Jurisdiction) Present: Md. Mozammel Hoque J Sattar Match Works and others...................................................Petitioners Vs. Bangladesh Chemical Industries Corporation and others.................Respondents. Judgmen......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......First Class Magistrate went to the house of opposite party Satya Narayan Sarada on 13.8.88 at about 11‑30 AM and after search of his house and a tinshed attached to his house found huge quantity of Bangladeshi as well as Indian cloths including some Indian old sarees and medicine therein. The said...... Supreme Court High Court Division (Criminal Revisional Jurisdiction) Present: AKM Sadeque J Muhammad Ansar Ali J The State............................................Petitioner Vs. Satya Narayan Sarada..........................Opposite Party. Judgment April 3, 1991. ......li J The State............................................Petitioner Vs. Satya Narayan Sarada..........................Opposite Party. Judgment April 3, 1991. Cases Referred to- Md. Kalu Bhuiyan Vs. Special Tribunal, 39 DLR 124; Nuru Bepari Vs. The State, 31 DLR 241; Abdul Huq ..

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......hool. After the election the petitioner was declared to have returned having secured 4429 votes. Opposite party No. 2 polled the 2nd highest number of votes i.e. 3604. The result was published in the Bangladesh Gazette on 3.7.1988. Opposite party No. 1 thereafter presented an election petition marke......ported in: 43 DLR (1991) 523. ......ry J Abul Kashem.....................Petitioner Vs. Mafiz Mia and others...........Opposite Parties. Judgment April 4, 1991. Lawyers Involved: Khandaker Mahabubuddin Ahmed with Md. Faruque and Mirza Hossain Haider, Advocates For the Petitioner. Abdul Baset Majumder, Advocat..

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...... Reported in: 29 DLR (1977) 252. ......ad the Appellate Division Judgement, here. Supreme Court High Court Division (Civil Appellate Jurisdiction) Present: KM Subban J ATM Afzal J Bangladesh………….Appellant Vs. Unimarine SA Panama and other………Respondents Judgment June 16, 1977. Case Re......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

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......High Court Division (Special Original Jurisdiction) Present: Bimalendu Bikash Roy Chowdhury J Naimuddin Ahmed J Farzana Huq.........................................Petitioner Vs. Bangladesh represented by the Assistant Secretary, Ministry of Home Affairs and others.....Responden......urt High Court Division (Special Original Jurisdiction) Present: Bimalendu Bikash Roy Chowdhury J Naimuddin Ahmed J Farzana Huq.........................................Petitioner Vs. Bangladesh represented by the Assistant Secretary, Ministry of Home Affairs and others.....Re......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

Mozammel Haque Vs. Uttara Bank, 1990, 19 CLC (HCD)

....t relates to the ground of re‑calling the order dated 28.8.84. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 498. ......ra Bank", that on and from 15.9.83 the plaintiff bank has been be nationalised and converted into a public limited company on the basis of an agreement dated 15.9.83 pursuant to the provisions of the Bangladesh Bank (Nationalisation) (Amendment) Ordinance, 1983 (Ordinance No. XLVII of 1983), that in......Division (Civil Revisional Jurisdiction) Present: Mohammad Ismailuddin Sarker J Md. Badruzzaman J Mozammel Haque...........................................................Petitioner Vs. Uttara Bank, Bangabandhu Avenue Branch, Dhaka.............Opposite Party. Judgment Augu...... order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 498. ..

Category: Property Law | Date: | Hits: 90

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)......ay. Ed. This Case is also Reported in: 43 DLR (1991) 487. ......ted in: 43 DLR (1991) 487. ......e 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)

....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......al Islam ‑ For the Respondent No. 2. Writ Petition No. 287 of 1987. Judgment Bimalendu Bikash Roy Choudhury J. - This Rule under Article 102 of the Constitution of the People's Republic of Bangladesh was issued calling upon the respondents (1) Sonali Bank, (2) Bangladesh Shilpa Bank (3) B......t High Court Division (Special Original Jurisdiction) Present: Bimalendu Bikash Roy Choudhury J Naimuddin Ahmed J Delta Jute Mills Limited and another................Petitioners Vs. Sonali Bank and others..................................Respondents. Judgment March 14,......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 ......al Procedure and hence the District Anti­ Corruption Bureau had no authority to proceed with the investigation. (v) That the petitioner is First Class Gazetted Officer of the People's Republic of Bangladesh and was illegally arrested under section 54 CrPC by the police and the District Anti‑Co......0. ...... Muhammad Abdul Mannan J Mir Amir Ali ......... ........Accused Petitioner Vs. The State......................... Opposite-Party Judgment December 11, 1991. Cases Referred To- Md. Safiruddin alias Safiruddin Vs. State, 1981 BLD 150; State Vs. Azizur Rahman and another, 1937 C..

Category: Criminal Law | Date: | Hits: 104

Aminuzzaman (Md.) Vs. People's Republic of Bangladesh, 1993, 22 CLC (HCD)

.... of an order dated 29.1.93 passed by the District Magistrate, Dhaka under section 3(2) of the Special Powers Act, 1974 detaining him for 30 days. 2. The said order of detention was approved by the Government by an order dated 10.2.93 and the period of detention was extended for 3 months with effe......t Division (Special Original Jurisdiction) Present: Md. Abdul Jalil J Mohammad Fazlul Karim J Aminuzzaman (Md.)………………………….Petitioner Vs. People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka an...... ......ot wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 242. ..

Category: Criminal Law | Date: | Hits: 85

Sk. Shahadat Ali and others Vs. Deputy Commissioner, Khulna and others, 1992, 21 CLC (HCD)

....sitioned 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 othe......nd 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 refugees raised their homes and hearth on their respective set....... ......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

Government of Bangladesh and others Vs. Abul Hashem Khan, 2009, 38 CLC (AD)

....also Reported in: VIII ADC (2011) 271.   ......in: VIII ADC (2011) 271.   ......llate Division (Civil) Present: Muhammad Fazlul Karim J Md. Joynul Ahedin J Shah Abu Nayeem Mominur Rahman J The Government of Bangladesh and others. .................Appellants Vs. Abul Hashem Khan…………………………………........................Respondent ......, allowed without any other as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 271.   ..

Category: Administrative Law | Date: | Hits: 160