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Nannu (Md.) Miah Vs. Mosammat Peer Banu Bibi & another, 1990, 19 CLC (HCD)
....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.......llowed to blow hot and cold in the same breath as she defended the decree by opposing the defendant's prayer for its slight amendment in the trial Court. In support of his contention he has cited the decision reported in AIR 1936 (Sind) 99, 1969 PLD (Dacca) 930 and 40 DLR (AD) 56. Mr. Meah Abdul Gaf..Category: Procedural Law | Date: | Hits: 86
Abul Kashem Vs. Mafiz Mia and others, 1991, 20 CLC (HCD)
....Abdul Baset Majumder, Advocate ‑ For Opposite Party No. 1. Civil Revision No. 1692 of 1990. Judgment Bimalendu Bikash Roy Chowdhury J. -This Rule is directed against the judgment and order dated 19.8.90 passed by the learned District Judge, Comilla in Election Appeal No. 30 of 1989 which ......arty No. 1 failed to prove his allegations. 5. The unsuccessful opposite party No. 1 then preferred an appeal being Election Appeal No. 3 of 1989 to the learned District Judge, Comilla against the decision of the Election Tribunal. During the pendency of the appeal the learned District Judge, upo..Category: Election Law | Date: | Hits: 139
Bangladesh Vs. Unimarine SA Panama and other, 1977, 6 CLC (HCD)
....slam-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 the 3rd Court, Chittagong, in Money Suit No......ld show that it was in conformity with the requirement of Order 38, rule 5 of the Code of Civil Procedure and further submission of the learned Deputy Advocate General, was that the principles in the decision reported in 28 DLR 231 were wrongly applied to the present case by the learned Subordinate ..Category: Admiralty Law or Maritime Law | Date: | Hits: 240
State Vs. Md. Ali Kibria @ Shahzijahan and others, 1990, 19 CLC (HCD)
....ional Statement. 12. Further it may be mentioned here that the condemned prisoner in the earliest opportunity filed an application before the Court and retracted the confession. In his application dated 2.5.85 filed before the Metropolitan Police, Dhaka it is stated therein that confession was ex......aid to be true. Thus the learned Advocate submits that the confessional statement being involuntary and not truthfully made it deserves to be excluded from consideration. In support of his contention decision in the case of Waris and others Vs. The State reported in 13 DLR 1961 (WP) page 5 has been ..Category: Criminal Law | Date: | Hits: 93
Adam Ali Bepari Vs. Abdur Rahman Dewan & others, 1991, 20 CLC (HCD)
....I do not find any reason to interfere with the judgment and order impugned. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 510. ......e‑emption case which was allowed by the learned Munsif. 2. The point that falls for determination by this Court in this case is whether the lower appellate Court committed an error of law in its decision in dismissing the pre‑emption case holding that the case is not maintainable under sectio..Category: Property Law | Date: | Hits: 95
Abdul Majid Vs. Akhil Chandra Sengupta and others, 1991, 20 CLC (HCD)
....dvocate ‑ For the Opposite Party. Civil Revision No. 1 of 1987. Judgment AM Mahmudur Rahman J. - By this Rule pre‑emptor petitioner calls in question the judgment and order of affirmance dated 17.9.86 of the learned Subordinate Judge, Netrakona made in Miscellaneous Appeal No. 63 of 198...... and decree dated 17.11.85 passed by the learned Munsif in Pre‑emption Case No. 3 of 1985. 2. The learned Advocate for the petitioner urges that the Courts below committed an error in law in its decision in holding that the pre‑emption case is barred by limitation on an erroneous view of sect..Category: Property Law | Date: | Hits: 97
Farzana Huq Vs. Bangladesh, 1990, 19 CLC (HCD)
....sented by her that her husband was the Organising Secretary of the Jatiyatabadi Chhatra Dal, a student organisation of the Bangladesh Nationalist Party. He was taken into custody pursuant to an order dated 13.9.87 made by the Additional District Magistrate, Dhaka under section 3(2) of the Act with a......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
Ahmed Kabir Vs. Haji Mazahar Ahmed and others, 1990, 19 CLC (HCD)
....ees Act seeking for returning the plaint and also for correcting the valuation put by the plaintiff upon the plaint and to determine the valuation therefor. 3. The learned trial Court by its order dated January 30, 1982 rejected the application holding that the valuation has been accepted provisi......ion No. 214(c) of 1982. Judgment AM Mahmudur Rahman J. -In this Rule a short but an important question of law is mooted. The question is whether the Court below committed an error of law in the decision resulting the failure of justice in disallowing revision against an order of the trial Cour..Category: Procedural Law | Date: | Hits: 83
Mozammel Haque Vs. Uttara Bank, 1990, 19 CLC (HCD)
.... Mohammad Ismailuddin Sarker J. - This Rule, at the instance of the defendant‑petitioner was issued calling upon the plaintiff‑opposite party to show cause why the impugned order Nos. 18 and 20 dated 28.8.84 and 2.9.84 respectively passed by the Commercial Court No. 1 in Title Suit No. 29 of 1...... the orders dated 28.8.84 and 2.9.84. 7. It is submitted by Ajmalul Hossain, the learned Advocate appearing on behalf of the petitioner, that the learned Judge has committed an error of law in his decision occasioning failure of justice in allowing the application for amendment of the plaint with..Category: Property Law | Date: | Hits: 90
Nehal Uddin (Md.) and others Vs. Amena Khatun and others, 1990, 19 CLC (HCD)
....r the Respondents. Appeal from Appellate Decree No. 421 of 1968. Judgment Mohammad Ansar Ali J. - This second appeal by the defendant‑appellants is directed against the judgment and decree dated 30.12.67 passed by the learned Subordinate Judge, Rangpur in Title Appeal No. 54 of 1966 rever......er during their minority in favour of the plaintiff‑respondent by a registered deed vide Ext. 1 was void ab initio and both the Courts concurrently came to the aforesaid finding on the basis of the decision of the famous leading case of Immambandi and others Vs. Mutsaddi and others reported in 45 ..Category: Property Law | Date: | Hits: 71
Investment Corporation of Bangladesh Vs. Bata Shoe Company (Bangladesh) Ltd., 1990, 19 CLC (HCD)
....nt‑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) Act, 1947. The issue was made to par......ion. In the letter dated 14 January, 1988 by which the respondent replied to the petitioner's application, it appears that the company, at the bottom of the letter, has written the following: "The decision of the Court will help both." 7. The above comment indicates that the petitioner‑corpo..Category: Company Law | Date: | Hits: 208
Delta Jute Mills Limited and another Vs. Sonali Bank and others, 1990, 19 CLC (HCD)
....Bangladesh was issued calling upon the respondents (1) Sonali Bank, (2) Bangladesh Shilpa Bank (3) Bangladesh Bank and (4) the Govt. of Bangladesh to show cause as to why letter No. Advance/Loan 4904 dated 23.6.87 issued by the Deputy General Manager, Sonali Bank, Zonal Office, Motijheel Commercial ......t account would be allowed from 1.7.87. Obviously, the letter was written in pursuance of the direction of Respondent No. 3. Respondent No. 1 does not also claim it to be their independent commercial decision. Annexure "B" to the supplementary affidavit reveals that the said direction of Respondent ..Category: Company Law | Date: | Hits: 213
Gulshan Ara Begum Vs. Moazzem Hossain Chowdhury and others, 1990, 19 CLC (HCD)
....of 1989. Judgment Md. Mozammel Hoque J. - In this Rule issued under section 115 of the Code of Civil Procedure, opposite party Nos. 1 and 2 are directed to show cause as to why the order No. 78 dated 9.3.89 passed by the learned Subordinate Judge, 1st Court, Dhaka in Miscellaneous Case No. 6 o......law. 11. In that view of the matter we hold that the summons were not duly served upon the petitioners in accordance with law and the learned Subordinate Judge has committed an error of law in his decision resulting in an error occasioning failure of justice in dismissing the Miscellaneous Case N..Category: Procedural Law | Date: | Hits: 68
A M A Wajedul Islam Vs. State, 1993, 22 CLC (HCD)
.... Criminal Revision No. 3521 (R) of 1991 and Suo Motu Rule No. 329 (R) of 1993. Judgment Kazi Ebadul Hoque J.- This appeal at the instance of the convict is directed against judgment dated 7.8.91 passed by the Additional Sessions Judge‑in‑charge (Ex‑officio special Judge), Ran......r Tk. 6,38,518.31. In our opinion, for such shortage he will be guilty of breach of trust as he is bound to account for cash and every pie entrusted to him. Learned Advocate failed to show any law or decision in support of his contention for that if the prosecution failed to prove its case of misapp..Category: Criminal Law | Date: | Hits: 91
Government of Bangladesh and others Vs. Abul Hashem Khan, 2009, 38 CLC (AD)
....-For or the Appellants. Abdur Rob Chowdhury, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondent. Civil Appeal No.150 of 2002. (From the judgment and order dated the 27th day of April, 2000 passed by the Administrative Appellate Tribunal in Anneal No.28 of......evoking the said Proclamation were all Acts of Parliament." 20. In view of the above, the application of the provisions regarding review under 1A of MLO No.9 of 1982 is designed only to review the decisions under MLO No.9 of 1982 dated 23.05.1983. 21. In the instant case, after the said order ..Category: Administrative Law | Date: | Hits: 160
Virginia Tobacco Co. Ltd. and others Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
....ent and order passed by the Respondent 1, Labour Court, Rajshahi on August 31, 1985 in IRO Case No.6 of 1985 and the proceeding of the Criminal Case No.21 of 1985 of the said Court and its order No.8 dated 21.11.85 have been passed and taken without lawful authority and are of no legal effect. 2....... Senior Assistant, Labour Officer, on behalf of others cannot be treated as validly and legally instituted. Therefore, we hold that the case was not maintainable. In this respect Mr. Rashid cited the decision in the case of Railway Men's Store Ltd. Vs. Chairman, Labour Court, Chittagong, 30 DLR (SC)..Category: Labour and Industrial Law | Date: | Hits: 129
Mustafizur Rahman Vs. State and others, 1992, 21 CLC (HCD)
.... in 1985‑86. It also further appears that the Board of Directors of BCI Limited appointed accused petitioner Mustafizur Rahman as the President and Managing Director of BCI Limited in its meeting dated 4.10.86 and the said fact was informed to the Governor, Bangladesh Bank by their letter dated ......ed under section 409 of the Penal Code which is punishable with imprisonment for life, bail cannot be granted to the accused and that bail should not be refused by way of punishment. He refers to the decision in the case of Shaikh Shahidul Islam Vs. State, 44 DLR (AD) 192 wherein it was observed: ..Category: Criminal Law | Date: | Hits: 125
Bangladesh Vs. Md. Ishaque being dead his heirs Lakhaxmi Bibi and others, 1992, 21 CLC (HCD)
....Appellant. Abdur Rashid Gazi, Advocate ‑ For the Respondent. First Miscellaneous Appeal No.224 of 1990. Judgment ARM Amirul Islam Chowdhury J.- This appeal is directed against the award dated 28.5.85 passed by Arbitrator (4th court of Sub‑Judge), Dhaka in Arbitration case No.333 of 1......e cases. So fine is the distinction that in truth the High Court has a choice before it whether to interfere with an inferior court on a point of law. If it chooses to interfere, it can formulate its decision in the words: 'The court below had no jurisdiction to decide this point wrongly as it did'...Category: Property Law | Date: | Hits: 76
Abdul Matin Sarker Vs. Election Commission and others, 1993, 22 CLC (HCD)
.....4 for the post of Chairman of Narsingdi Pourashava election submitted on 5.1.93. The case of the petitioner is that he is a voter in the election of the Chairman of Narsingdi Pourashava and the last date of filing the nomination papers has been fixed to be on 5.1.93. The respondent No.3, the Return...... the Pourashava Ordinance, 1977. It was sent to the House Building Finance Corporation on 6.1.93 asking to report and the petitioner and other candidates were informed by the respondent No.3 that the decision would be taken on 9.1.93 or as soon as they receive the information from the House Building..Category: Election Law | Date: | Hits: 126
Siddique (Md) Vs. State, 1992, 31 CLC (HCD)
....ct, 1974 and sentenced thereunder to suffer rigorous imprisonment for 7 years and to pay a fine of tk. 5000.00, in default, to suffer rigorous imprisonment for one year more by the judgment and order dated 15.2.1990 passed by the Senior Special Judge, Thakurgaon. As the appeal is directed against th......rder but from the date of knowledge of the order of conviction. The learned Advocate for the petitioner has relied on the case of Lal Mia Vs. the State reported in 42 DLR 15. In the said Single Bench decision it is held that the time for filing an appeal is to be counted from the date of knowledge o..Category: Criminal Law | Date: | Hits: 68