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Serajul Islam Vs. The Director General of Food, 1990, 19 CLC (HCD)
....lued at Tk. 47,90,521.60). The petitioner submitted his defence on 14.3.87 as shown in Annexure‑B. Thereafter the said proceeding was cancelled by Memo No. 1807(7) dated 6.6.87 (Annexure‑C) add a fresh proceeding on the self same ground was drawn up by the Regional Controller of Food, Chittagong......cle 35(2) of the Constitution relates to prosecution and punishment in a criminal offence in a court of law and does not relate to a departmental proceeding. Therefore, Article 35(2) has no manner of application in this case. 5. Article 27 of the Constitution provides that all citizens are equal ..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. ...... appeal but modified the sentence reducing the fine of Taka 10,000.00 to a fine of Taka 1,000.00 as aforesaid. 11. After the judgment of the Appellate Court the complainant opposite party filed an application for restoration of possession to the Metropolitan Magistrate. The Metropolitan Magistrat..Category: Criminal Law | Date: | Hits: 59
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.......987 affirming the judgment and order dated 10.1.87 passed by the learned Subordinate Judge, Faridpur in Title Suit No. 35 of 1986 should not be set aside. 2. Plaintiffs are the petitioners in this application. It is their case that they filed a suit being title Suit No. 35 of 1986 in the Court of..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.
...... been made without lawful authority and to be of no legal effect.
2. At the first instance we had called for the records of complaint Case No. 239 of 1985 and on receipt of the record we heard the application today (17.4.90). We have gone through the judgment of the Labour Court, the evidence rec..
Category: Employment/Service Law | Date: | Hits: 89
Chevron Lines Vs. Chairman, Bangladesh Oil, Gas and Mineral Corporation, 1990, 19 CLC (HCD)
....stinations. Six bidders including the petitioner and the respondent No. 4 participated in the bid which was opened on 30.11.89. The petitioner became lowest bidder. But the tender was cancelled and a fresh tender was floated on 24.12.89 violating the Rules contained in the Purchase Manual of Petroba...... Writ. 3. The respondent Nos. 1‑3 and 4 have contested the Rule Nisi by filing two separate affidavits‑in‑opposition. Before filing the affidavits‑in‑opposition the respondents had filed application for vacating the order of stay granted by this Court while issuing the Rule Nisi. In vie..Category: Others | Date: | Hits: 131
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. ......eral and Obaidur Rahman Mostafa, Assistant Attorney‑General‑ For the State. Criminal Miscellaneous Case No. 356 of 1991. Judgment Anwarul Hoque Choudhury J. - This Rule arises out of an application under section 526 of the Code of Criminal Procedure for transfer of Special Tribunal Cas..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. ......n furtherance of their common intention and that such Common intention has led to the commission of that crime. Meeting of minds and participation are necessary in the commission of such offence. For application of section 34 it must be established first that a criminal act has been done by several ..Category: Criminal Law | Date: | Hits: 87
Chairman, BCIC Vs. Md. Ali Akkas and others, 2010, 39 CLC (AD)
....ove, the submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, these petitions are dismissed Ed. This Case is also Reported in: VIII ADC (2011) 181. ......21.07.2008. Such decision of the Board was circulated, vide memo dated 21.07.2008 amending the earlier decision of the Board on 08.08.1993. Finding no other alternatives, the writ-petitioner filed an application to the Chief of Personnel, BCIC requesting him to re-consider the earlier order dated 29..Category: Employment/Service Law | Date: | Hits: 90
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. ......r alternative but to file the suit claiming compensation for the amount as made in the prayer. 3. According to the plaintiff the above suit was filed out of time by 165 days and as such a separate application has been filed for condonation of delay. After hearing the application for condonation o..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. ......ate ‑ For the Opposite 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..Category: Procedural Law | Date: | Hits: 73
Nazrul Islam and others Vs. The State, 1991, 20 CLC (HCD)
.... not wanted in connection with any other case. The non‑appellant accused Kashem will however not get any benefit of this appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ...... collecting honey. P.W.2 is the younger brother of deceased Sabdul. In reply to cross‑examination this witness has stated that the villagers suspected him of committing murder of Sabdul and made an application before the Upazila Magistrate to that effect. It was suggested to this witness that he h..Category: Criminal Law | Date: | Hits: 86
Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)
.... of respondent No.4 namely Aziz & Co. Ltd. in comparison to that of the petitioner company and that the BUET finally recommended the petitioner company to do the job and in the event of calling a fresh tender the public exchequer would lose an additional amount of Tk. 2 crores. 6. On receipt ......er. TH Khan with Dr. M Zahir with Feroz Shah, Advocates ‑ For the Respondent Nos. 1 and 2. Writ Petition No.1652 of 1992. Judgment Anwarul Haque Choudhury J.- This Rule arises out of an application under Article 102 (2)(a) (ii) of the Constitution of the People's Republic of Bangladesh..Category: Others | Date: | Hits: 123
Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....occasions that in a proceeding for contempt by publishing a libel upon the Court the defence that the defamatory imputation is true is not admissible. Any attempt to justify the libel is, in law, a fresh contempt. If any writings which is calculated to bring a Court or Judge to lower his authori......ondent No.1. Rafique-ul-Islam Miah, Senior Advocate, instructed by Toufique Hossain, Advocate-on-Record. Contempt Petition No.12 of 2010. Judgment Surendra Kumar Sinha J. - Pursuant to an application made by two advocates of the Bar notices were issued upon the respondents to show case a..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. ......ender document observed that the writ petitioner was not supposed to pay back the long term loan as directed by the writ respondents. These observations apparently are inconsistent and made without application of Judicial mind. 4. It has been mentioned in annexure 'B' that subject to clause 5.1..Category: Civil Law | Date: | Hits: 90
Provas Chandra Banik Vs. Naresh Chandra Banik and others, 2009, 38 CLC (AD)
....ee, the defendant No.1 preferred Title Appeal No. 38 of 1991 before the learned District Judge, Brahmanbaria, who allowed the appeal and sent the case back on remand to the trial Court for hearing afresh. Subsequently, the said suit was transferred to the Court of Senior Assistant Judge and was re......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. ..Category: Property Law | Date: | Hits: 75
Shoaib (Md.) Vs. Uttara Bank Ltd. and another, 1990, 19 CLC (HCD)
....tention of Mr. Fida M Kamal. In 1984 when the petitioner made representation to respondent bank informing the earlier facts and also for allowing him to complete formalities in respect of his shares afresh, this stamp duty was not necessary and as such his application could not be turned down for th......s Involved: Fida M Kamal, Advocate ‑ For the Petitioner. M Nurullah with M Shafiullah, Advocates- For the Respondents. Matter No. 5 of 1988. Judgment Md. Mozammel Hoque J. - This an application under section 38 of the Companies Act for rectification of share register of Uttara Bank..Category: Company Law | Date: | Hits: 175
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. ......No. 4. Syed JR Modassir Hossain, Deputy Attorney General ‑ For the Respondent No. 1. Writ Petition No. 573 of 1987. Judgment Naimuddin Ahmed J. - In this Writ Petition arising out of an application under Article 102 of the Constitution an order passed by the Government, the respondent ..Category: Property Law | Date: | Hits: 63
Bashi alias Bashir and another Vs. The State, 1990, 19 CLC (HCD)
....lahi Baksh, I am constrained to hold that contention of Mr. Elahi is of no substance. Accordingly, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 209.......LD 126. Lawyers Involved: SAM Mahbub Elahi Advocate ‑ For the Appellants. Not represented- the Respondent. Criminal Appeal No. 486 of 1989. Judgment AM Mahmudur Rahman J. - This application under section 5 of the Limitation Act, 1908 is for condonation of delay in filing crimin..Category: Procedural Law | Date: | Hits: 76
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. ......f 1973. Judgment Bimalendu Bikash Roy Chowdhury J. - This Rule at the instance of some of the judgment‑debtors is directed against an order passed by the learned Munsif, Rajshahi rejecting an application under section 151 of the Code of Civil Procedure for restoration of an objection under s..Category: Procedural Law | Date: | Hits: 83
Dildar Hossain and another Vs. Md. Sharif Hossain and others, 1990, 19 CLC (HCD)
...., this order is under challenge in this petition. 6. These defendant‑petitioners thereafter filed another application under Order 16 rule 1 of the Code of Civil Procedure on 2.11.89 for issuing fresh summons upon only 4 witnesses excluding Ram Krishna Saha Banik as he was already dead and Pros......oners (Defendant Nos. 7 and 8) is directed against 2 orders dated 12.10.89 and 6.1.90 respectively passed by the learned Subordinate Judge, 1st Court, Dhaka in Title Suit No. 228 of 1986 rejecting an application under Order 16 rule 10 (3) and another under Order 16 rule 1 of the Code of Civil Proced..Category: Property Law | Date: | Hits: 78
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