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Dilip @ Siddiqur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....ants are affirmed. The appellants 3‑9 who are on bail are directed to surrender to their bail bond to serve out their remaining sentence. Ed. This Case is also Reported in: 43 DLR (1991) 269. ......dence was also improbable and exaggerated and in the absence of any kind of corroboration accused Mostafa could not be held guilty. 12. In support of his contention Mr. Serajul Huq referred to the decisions reported in 12 DLR (SC) 289 and 15 DLR (SC) 66. 13. Regarding the point of unreliabilit..Category: Criminal Law | Date: | Hits: 61
State Vs. Kalu Bepari, 1990, 19 CLC (HCD)
....hara forbidding them to bury the dead body. There he gave a written information of the aforesaid facts. ASI of Police Abdus Sobhan who was attached to Agailjhara PS. registered UD Case No. 19 of 1985 dated 2.12.85 thereupon and left for the place of occurrence village. On arrival there the Assistant......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)
....ault to suffer simple imprisonment for 3 (three) months more by the Assistant Sessions Judge and Special Tribunal No. 2, Thakurgaon, in Special Tribunal Case No. 19 of 1989, by his judgment and order dated 29.11.89. 3. It has been stated in the application that after the Judgment was delivered on......int has been elaborately discussed and decided by a Division Bench of this Court. In the case of Elahi Bux vs. The State reported in 39 DLR at page 164, it has been held differing with a Single Bench decision reported in 1985 BLD page 335 that section 5 of the Limitation Act has no manner of applica..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....... 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 further prayed for permanent injunction restr..Category: Civil Law | Date: | Hits: 79
Bangladesh Road Transport Corporation Vs. M/s. Ashraf Jute Mills Ltd., 1990, 19 CLC (HCD)
....t due stood at Tk. 1,85,359.95. The Petitioner had requested on several occasions for payment of the outstanding dues but the respondent did not pay any heed to such requests. Ultimately, by a letter dated 14.9.86 the respondent accepted its liability and requested the petitioner to accommodate M/s.......roperties both movable and immovable of the above company to this Court within two months from the date of receipt of a copy of this order. Ed. This Case is also Reported in: 43 DLR (1991) 240. ..Category: Company Law | Date: | Hits: 165
Serajul Islam Vs. The Director General of Food, 1990, 19 CLC (HCD)
....Director General of Food to show cause why the impugned departmental proceeding against the petitioner as contained in Memo No. 199/পরি/প্রসা/তদন্ত ও মামলা/13/90 dated 10.1.90, Annexure‑H should not be declared to have been made without any lawful authority an......e extra‑ordinary remedy under Article 102 of the Constitution is not available to the petitioner in view of the provision of Article 102(5) read with Article 117 of the Constitution. Relying on the decision in the case of Dr. Nurul Islam, 33 DLR (AD) 201 and Stroud's Judicial Dictionary it may be ..Category: Administrative Law | Date: | Hits: 175
Sheikh MA Jabbar Vs. AKM Obaidul Huq and others, 1990, 19 CLC (HCD)
.... arise out of the same case and are interlinked. So they are disposed of under this judgment. 2. The Rule arising out of the Criminal Revision No. 239/88 is directed against the judgment and order dated 14.3.88 passed in Criminal Appeal No. 212 of 1987 by the Sessions Judge, Dhaka affirming the c......he provisions of section 522 of the Criminal Procedure Code. 15. Mr. MA Zaman, the learned Advocate for the complainant opposite party, has sought to refute both the points. 16. There have been decisions cited at the bar. I would first consider whether the impugned order has been passed by the..Category: Criminal Law | Date: | Hits: 59
Lukus Miah Vs. State, 1991, 20 CLC (HCD)
....বে মনে করি।” 11. From the above it is clear that PW 1 would know that there was no marriage between her and the accused and accused only compromised to marry her on some future date. She had no reason to believe that she is not lawfully married to him (the appellant). Thus the......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...Category: Criminal Law | Date: | Hits: 68
Matiur Rahman Vs. Election Commission and Others, 1990, 19 CLC (HCD)
....s as follows: "15. The Commission may, at any time, order the inclusion in the electoral Roll of the name of any person qualified to be enrolled on such electoral Roll and such name shall from the date of such order form part of the electoral roll." 3. The Chief Election Commissioner in respon......as duly corrected the mistake brought to his nod through this Courts. Accordingly the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 229...Category: Election Law | Date: | Hits: 112
Fahim Al Haque (Minor) and another Vs. Mohammad Abdul Aziz and others, 1990, 19 CLC (HCD)
.... 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 by the learned District Judge, Faridpur, in Misc. Appeal No. 12 of 1987 affirmi......iffs will suffer irreparable loss and injury. He has referred to the case of Ram Bahadur Pal and others Vs. Ram Shankar Prankar Prasad Pal reported in ILR 27 (All) 688. We have gone through the above decision. In our view the above cited decision has no manner of application in the facts 'and circum..Category: Property Law | Date: | Hits: 59
....First Labour Court of Bangladesh, respondent No. 2 Md. Ashraful Alam Siddique (Worker) and respondent No. 3 Factory‑ in‑Charge of the petitioner company to show cause as to why the impugned order dated 14.2.90 (Annexure‑H) passed in Complaint Case No. 239 of 1985 or the 1st Labour Court, Dhaka......awful authority. He further submits that the Labour Court acted illegally in holding that the charges were vague, indefinite and unspecified and that therefore, the Labour Court arrived at an illegal decision. He also submits that although the witnesses were examined in presence Of the respondent No..
Category: Employment/Service Law | Date: | Hits: 89
Dewan Mohammad Safare Ali & others Vs. People's Republic of Bangladesh, 1990, 19 CLC (HCD)
...., Assistant Attorney General ‑For the State. Civil Revision No 397 of 1986. Judgment Syed Fazle Ahmed J. - This Rule calls in question the legality and propriety of the judgment and decree dated 3.12.85 and 9.12.85 respectively passed by Additional District Judge in OC Appeal No. 58 of 19......any of witnesses of the plaintiff as well as documentary evidence adduced by plaintiffs passed the impugned judgment on hypothetical and irrelevant consideration and the same has resulted in error in decision occasioning failure of justice. It is further submitted that the 1st appellate Court violat..Category: Property Law | Date: | Hits: 60
Chevron Lines Vs. Chairman, Bangladesh Oil, Gas and Mineral Corporation, 1990, 19 CLC (HCD)
.... No. 186 of 1990. Judgment Habibul Islam Bhuiyan J. - A Rule Nisi was issued by this Court upon the Chairman, Petrobangla and other respondents on 31.1.90 to show cause why the letter of intent dated 31.1.1990 issued by the General Manager, Petrobangla appointing the respondent No. 4 M/s. Shaf......ts thereof. 6. Mr. Salauddin Ahmed, the learned Advocate for the petitioner, attacked the impugned letter of intent awarding the contract to the respondent No. 4 on several grounds. Relying on the decision in the case of Sharping Natsajibi Samabaya Samity, 39 DLR (AD) 85, his first ground is that..Category: Others | Date: | Hits: 131
Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....rge on 19.3.91. 4. It is the statements of the accused before this court. In this petition, made through Mustafizur Rahman, a relation of the accused, in paragraph 5 to the effect that on the next date on 27.3.91 the accused from within his confinement tried his level best to appoint Senior Advoc......e parties as hereinbefore and examined the application for transfer, the relevant annexures, counter‑affidavit and the reply and also the photo copy of the order sheet of this case and the relevant decisions of the various courts of this sub‑continent in this regard. 20. In the case reported ..Category: Criminal Law | Date: | Hits: 73
Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
.... rigorous imprisonment for one year more. A case being UD Case No. 10 of 1986 was Started on the death of one Shafiqul Islam alias Arun who was arrested in connection with Ramna PS Case No. 25 (10)86 dated 12.10.86 under sections 302/34 read with sections 3 and 4 of the Exclusive Substance Act and i......es. Therefore, according to Mr. Aminul Huq, accused Baharul Islam must be held guilty for such act of omission on top of his actively beating the victim. In support of his contention he relies on the decision in the case of Bhagawat Singh and another Vs. Emperor reported in AIR 1929 (Pat) 65. In tha..Category: Criminal Law | Date: | Hits: 87
Chairman, BCIC Vs. Md. Ali Akkas and others, 2010, 39 CLC (AD)
....- For Respondent No.1. (In both the cases) Not represented-the Respondent Nos. 2-6. (In both the cases) Civil Petition for Leave to Appeal Nos. 2454-55 of 2009. (From the judgment and order dated the 2nd day of July, 2009 passed by the High Court Division in Writ Petition No.8720 of 2008 w......ervice. Lastly, he worked at Gorasal, Narsingdi and before that he had been working at other industrial units of BCIC. On 30.08.2008, the writ-petitioner was retired from service. On the basis of the decision dated 08.08.1993, the writ-petitioner of above writ petition went on L.P.R. and was paid ..Category: Employment/Service Law | Date: | Hits: 90
Bangladesh Inland Water Transport Corporation Vs. Nazma Transport Company, 1991, 20 CLC (HCD)
....ness and negligence of the Master of the vessel and other Orews of MV Ferdous Khan. On 25.6.85 the Second Master of the vessel MV Modhumati lodged an information in Golachipa PS being GD entry No.566 dated 25.6.85 about the accident. The plaintiff took some time to collect particulars of the defenda......ension of time under section 8 of the Maritime Convention Act, 1911. In that paragraph it is stated that when the defendant failed to pay the compensation after repeated reminders, the plaintiff took decision on 22.8.87 to file a suit. He submits that this decision to file a suit is also out of time..Category: Admiralty Law or Maritime Law | Date: | Hits: 164
Nazrul Islam and others Vs. The State, 1991, 20 CLC (HCD)
....he confessing accused Nazrul and Kashem had filed two petitions for retracting their confessional statement on 18.5.85. In the petition it was stated that this accused were arrested 3 days before the date of their making confessional statements, and they were tortured by bus follok (two pieces of ba......ement deposed to by the witnesses, it is clear that there has been subsequent embellishment of the prosecution case in the course of trial making the case untrustworthy. This view is supported by the decision in the case of Md. Ali Hyder and others Vs. State, reported in 40 DLR 97 and also the case ..Category: Criminal Law | Date: | Hits: 86
Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)
.... J.- This Rule arises out of an application under Article 102 (2)(a) (ii) of the Constitution of the People's Republic of Bangladesh and is directed against a letter being Memo No. Engg. 7/7‑624/92 dated 31st March, 1992 issued by the respondent No.2 namely, the General Manager, Engineering Depart......officers informed the petitioner company that since Bangladesh Bank has decided to re‑tender, the petitioner company was requested to take the earnest money. 3. According to the petitioner, this decision of respondent No.1 to go for a re‑tender was unjust and unlawful and hence the petitioner..Category: Others | Date: | Hits: 123
Sarwar Hossain Moni Vs. State and another, 2011, 40 CLC (AD)
....te, instructed by Mr. Md. Aftab Hossain, Advocate-on-Record—For Respondent No. 2. (In both the cases). Criminal Petition for Leave to Appeal Nos. 478-479 of 2010. (From the Judgment and Order dated 6-5-2010 passed by the High Court Division in Criminal Miscellaneous Case Nos.8462 and 8463 of......ntention of the learned Counsel for the petitioner observing that "on perusal of the petition of complaint and the provisions of section 138 of the Negotiable Instruments Act, 1881 and in view of the decisions of Satya Narayan Poddar Vs. State reported in 53 DLR 403 and Sirajul Islam Vs. Tauhid Uddi..Category: Criminal Law | Date: | Hits: 118
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