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Chevron Lines Vs. Chairman, Bangladesh Oil, Gas and Mineral Cor­poration, 1990, 19 CLC (HCD)

.... 1527 and Sharping Matsajibis case reported in BLD 1987 (AD) 106 = 39 DLR (AD) 85. 8. The learned Advocates appearing for the respondent Nos. 1‑3 and 4 raised no objection whatsoever against the principles of law laid clown in these decisions. What they dispute is the applicability of those dec......e said to be arbitrary or mala fide in any manner. Impugned letter of intent dated 1.1.1990 has therefore been issued lawfully and validly. Ed. This Case is also Reported in: 43 DLR (1991) 218. ......ty, 39 DLR (AD) 85; AIR 1979 (SC) 1628; AIR 1986 (SC) 1527; Sharping Matsajibis, BLD 1987 (AD) 106 = 39 DLR (AD) 85; AIR 1965 (SC) 1196; AIR 1976 (SC) 1763; AIR 1981 (SC) 1368; BLD 1981 (AD) 103. Lawyers Involved: Salauddin Ahmed, Advocate ‑ For the Petitioner. Abdul Wadud Bhuiyan, Advoc..

Category: Others | Date: | Hits: 131

Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)

....rcise of his discretionary power. Let us now examine the language of sub‑section (8) to find out the real purport and meaning and the intention of the legislature for such enactment. The underlying principle of sub‑section (8) of section 526 Cr.P.C. is to afford an opportunity to the accused gra......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. ......, AIR 1925 Oudh, 52; AIR 1938 Rajsthan 456; Pakira Purari‑prisoner, AIR (31) 1944 Mad 78; Regina Vs. Camborne justices and another, 1 QB 1955 page 78; Reg Vs. Rand, (1866) LR I QB 230 and 232. Lawyers Involved: Sirajul Huq with Kazi Shahadat Hossain, Mofizur Rahman Majumder, Sk. Rezaul Kar..

Category: Criminal Law | Date: | Hits: 73

Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)

....and circumstances and evidence on record that the accused‑appellants have committed the offence in furtherance of common intention otherwise charge under section 34 shall fail. 11. It is settled principle of law that inference of common intention must not be drawn lightly. Vicarious liability c......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. ......t April 25, 1990. Cases Referred to- State of Behar Vs. Lat. Mahto, AIR 1955 Pat. 161; Abdus Saltar Vs. State, PLD 1979 Kar 72; Bhagawat Singh & another Vs. Emperor, AIR 1929 Pat 65. Lawyers Involved: Shawkat Ali Khan with AKM Fazlul Huq Khan, Advocates ‑ For the Appellant (In ..

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. ......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. ......tition No. 2454 of 2009) Md. Reazuddin and others…………………………………………………......Respondents (In Civil Petition No .2455 of 2009) Judgment August 1st, 2010. Lawyers Involved: Md. Abdus Samad, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-o..

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. ...... 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. ...... Md. Mozammel Hoque J Bangladesh Inland Water Transport Corporation.......................Plaintiff Vs. Nazma Transport Company...................Defendant Judgment May 15, 1990. Lawyers Involved: Lutful Huq Majumder, Advocate ‑ For the Plaintiff. Khondker Mahbubuddin Ah..

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. ......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. ......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. ..

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. ...... 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. ...... The State...............Respondent Judgment December 10, 1991. Cases Referred To- State Vs. Md. Ali Kibria @ Shahajaban and others, 43 DLR 512; Waris and others Vs. State 1982 Pak. Cri. Law Journal 720. Lawyer Involved: ABM Golam Majid, Advocate ‑ For the appellants. Shah Az..

Category: Criminal Law | Date: | Hits: 86

Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)

....ccepted unless he has been pushed aside from acceptance in violation of a condition of the tender form and if there is no such violation no mandamus would lie nor even a suit. This also points to the principle of law that to protect a right the right must exist at present and not in future. There ha...... KM Hasan J Agragami Engineers Ltd.....................Petitioner Vs. Bangladesh Bank and others…………………Respondents Judgment November 17, 1992. Cases Referred To- International Airport Authority's case AIR 1979 (SC) 1628, Harminder Singh Arora Vs. Union of India,...... Shams Corporation (Pvt) Ltd. and others, 37 DLR (AD) 117, K N Guruswami Vs. State of Mysore, PLD 1956 (Supreme Court India), 52, M/s Hossain Ahmed Vs. M/s H D Hossain and others, 32 DLR (AD) 223. Lawyers Involved: Dr. Kamal Hossain with Abdur Razzaq and Mirza Quamrul Hasan, Advocates ‑ For ..

Category: Others | Date: | Hits: 123

Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)

....ated to bring a Court or Judge to lower his authority or utterances which are calculated to interfere with the Course of justice or the lawful process of the Courts that amount to contempt. The whole principle of law of contempt is against any such defence, and if the law were as contend­ed for, th......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. ...... 331-372, Kingslay Corporation Vs. Regents of the University of Newyork (1959) 3 L Ed 2nd 1512, D.C. Saxena, AIR 1996 SC 2481, E.M. Shankaran Namboodiripad V.T. Narayanan Nambiar (1970) 2 SCC 325. Lawyers Involved: M.K. Rahman, Senior Advocate, instruct­ed by Mrs. Sufia Khatun, Advocate-on-re..

Category: Criminal Law | Date: | Hits: 124

Privatization Commission Vs. Golam Mostafa and others, 2011, 40 CLC (AD)

....ted upon as true by the party to whom it is made. Generally the elements of estoppel are the representations made under circum­stances which amounted to an intentional causing belief in another. The principle which is incorporated in section 115 of the Evidence Act is a simple and equitable doctrin......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. ......sion.................................Appellant Vs. Golam Mostafa and others...............................Respondents Judgment February 14, 2011. Result: The appeal is allowed Lawyers Involved: Syed Amirul Islam, Senior Advocate (with Tafailur Rahman, Senior Advocate), Ins..

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. ......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. ......ossain J Provas Chandra Banik ...........................................Petitioner Vs. Naresh Chandra Banik and others...........................Respondent Judgment August 2, 2009. Lawyers Involved: AB Roy Chowdhury, Advocate, instructed by Md. Habibur Rahman Miah, Advocnte-on-..

Category: Property Law | Date: | Hits: 75

Shoaib (Md.) Vs. Uttara Bank Ltd. and another, 1990, 19 CLC (HCD)

....rtificates and original instruments of transfer of share on furnishing the photo copies of the same duly certified by the learned Advocate. Ed. This Case is also Reported in: 43 DLR (1991) 329. ......rtificates and original instruments of transfer of share on furnishing the photo copies of the same duly certified by the learned Advocate. Ed. This Case is also Reported in: 43 DLR (1991) 329. ......erred to- Jobed Ali Sarker Vs. Dr. Sultan Ahmed, 26 DLR 303; United Manters and Traders Ltd. Vs. Md. Mosharaf Hossain Khan, 34 DLR 345; M/s. Anath Bandhu Guha & Sons Ltd. 7 PLR (Dac) 159. Lawyers Involved: Fida M Kamal, Advocate ‑ For the Petitioner. M Nurullah with M Shafiullah,..

Category: Company Law | Date: | Hits: 175

Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)

....und that before passing this order whereby a right vested in the petitioner had been taken away, no notice was issued to him and he was not heard and as such, this order was in violation of the basic principles of natural justice. 10. The second ground taken by Mr. Chowdhury is that the responden......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. ...... Government of Bangladesh, represented by the Secretary, Ministry of Land Administra­tion and Land Reforms, Dha­ka and others…………………..Respondents. Judgment March 22, 1990. Lawyers Involved: Shamsul Huq, Chowdhury with Ali Akbar, Ad­vocates ‑For the Petitioner. Kh..

Category: Property Law | Date: | Hits: 63

Bashi alias Bashir and another Vs. The State, 1990, 19 CLC (HCD)

....n Act has not been expressly excluded by the Special Powers Act. In Vidayacharan no such question fell for consideration before the Supreme Court of India as is now argued by Mr. Elahi before me. The principle laid down in that case has no application to the instant case. The point mooted before me ......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....... January 28, 1990. Cases Referred to- Vidyacharan Vs. Khubchand, AIR 1964 (SC) 1099; Mustafa alias Mustafizur Rahman Vs. The State, 1985 BLD 335; Elahi Box Vs. The State, 1987 BLD 126. Lawyers Involved: SAM Mahbub Elahi Advocate ‑ For the Appellants. Not represented- the Respo..

Category: Procedural Law | Date: | Hits: 76

Boynuddin and others Vs. Azimuddin and others, 1989, 18 CLC (HCD)

....f Civil Procedure the petitioners, therefore, was entitled to take resort to the inherent power of the Court under section 151 of the Code of Civil Procedure for ends of justice. It is also a settled principle that where a mistake of a Court or Court's officer causes some injustice to a particular p......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. ......lendu Bikash Roy Chowdhury J Boynuddin and others……………………..Petitioners Vs. Azimuddin and others…………………….Opposite‑Parties. Judgment August 24, 1989. Lawyers Involved: Marfat Ali, Advocate ‑ For the Petitioners, Akram Hossain Amin, Advocate â..

Category: Procedural Law | Date: | Hits: 83

Abdul Awal Mia (Md.) Vs. Sonali Bank & others, 1990, 19 CLC (HCD)

....nd decree of the learned Subordinate Judge are set aside and the suit is dismissed on contest against the added defendant No. 3 without cost. Ed. This Case is also Reported in: 43 DLR (1991) 201.......nd decree of the learned Subordinate Judge are set aside and the suit is dismissed on contest against the added defendant No. 3 without cost. Ed. This Case is also Reported in: 43 DLR (1991) 201....... Oil Mills Vs. Haji M Muhammad Zakaria & Co. & 2 others, PLD 1958 Kar. 510; Md. Ibrahim Vs. Md. Alauddin and others, 27 DLR 413; Ranjit Kumar Rakshit Vs. Sudhir Kumar Chowdhury, 38 DLR 39. Lawyers Involved: BK Das, Advocate ‑ For the Appellant, SH Md. Nurul Huda Jaigirdar, Advocat..

Category: Civil Law | Date: | Hits: 82

Dildar Hossain and another Vs. Md. Sharif Hossain and others, 1990, 19 CLC (HCD)

....cts and circumstances of the case and the relevant provision of law and as a result there has been a failure of justice and hence the impugned order is liable to set aside. 16. It is well settled principle of the administration of justice should not only be done, but it must be shown to have bee......f fresh service of summons upon the cited witnesses is allowed. Let a copy of this order be transmitted to the Court concerned immediately. Ed. This Case is also Reported in: 43 DLR (1991) 196. ......hury J Muhammad Ansar Ali J Dildar Hossain and another......................Petitioner Vs. Md. Sharif Hossain and others..................Opposite Party. Judgment May 23, 1990. Lawyers Involved: Abdus Salam Khan, Advocate ‑ For the Petitioner. Md. Lutfor Rahman Mondal,..

Category: Property Law | Date: | Hits: 78

Deputy General Manager, Rupali Bank Ltd. Vs. Shah Jalal and others, 1990, 19 CLC (HCD)

....decision by the Trial Court on very independent issues without making any piecemeal of them." The Rule is, accordingly, discharged without Ed. This Case is also Reported in: 43 DLR (1991) 193.......decision by the Trial Court on very independent issues without making any piecemeal of them." The Rule is, accordingly, discharged without Ed. This Case is also Reported in: 43 DLR (1991) 193.......Vs. Shah Jalal and others.......................................Opposite‑Parties. Judgment May 15, 1990 Case Referred to- Md. Shahabuddin Vs. Janata Bank & others, 41 DLR 94. Lawyers Involved: Hemayetuddin Ahmed with Md. Shahjahan Howlader, Advocates ‑For the Petitioner..

Category: Employment/Service Law | Date: | Hits: 64

Habibullah Chowdhury (Md.) Vs. Rajdhani Unnayan Kartipakhho and another, 1990, 19 CLC (HCD)

....es of the prescribed fee and reasonable fine and prayed for withdrawing the notice of demolition. The petitioner alleges that without giving him an opportunity of personal hearing in violation of the principle of natural justice, the respondents issued notice dated 18.5.1989 directing the petitioner...... to costs and the order of stay passed by this Court is vacated. Let a copy of the judgment be served on the respondents for future guidance. Ed. This Case is also Reported in: 43 DLR (1991) 187.......l Hoque J Habibullah Chowdhury (Md.) ....................................Petitioner Vs. Rajdhani Unnayan Kartipakhho and another ..............Respondents. Judgment August 30, 1990. Lawyers Involved: MG Bhuiyan, Advocate ‑ For the Petitioner. Ziaur Rahman Khan, Advocate ‑..

Category: Property Law | Date: | Hits: 77

Sigma Huda Vs. Ishfaque Samad and others, 1993, 22 CLC (HCD)

.... freedom is so fettered. The imputation complained of is his or her own but has been made on behalf of and under the instructions of his or her client; he or she need not vouchsafe for the truth. The principle underlying such concept of privilege of language, qualified or absolute, is expediency. If......incerely, honestly and with due care and caution. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 129. ......red To- Balkrishna Raghunath Sawant Vs. Jagannath Sitaram Akarte, (1976) 78, Bom LR 234; Mr. Bannerjee Vs. Emperor, AIR 1927 Cal 823; Tulsidas Amanmal Karani Vs. Billimoria, AIR 1932 (Bom) 490. Lawyers Involved: SAM Mahbub Elahi, Advocate ‑ For the Petitioner. M Habibullah, Advocate â€..

Category: Family Law | Date: | Hits: 191