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Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....d ammunition comes within the mischief of any offence under section 23 of the Arms Act and lastly (d) whether the recovery of the arms and ammunition comes within the amnesty, if any, declared by the Government for voluntary surrender of arms and ammunition within the specific date. 23. We are,...... granted earlier is vacated. Cases Referred to- 28 DLR (AD) 38, 31 DLR (AD) 69, 34 DLR (AD) 387, 38 DLR 390 and 35 DLR (AD) 100; 38 DLR (AD) 95, 31 DLR (AD) 69, 30 DLR (SC) 28, 35 DLR 100; Bangladesh Vs. Tan Heng Hock, 31 DLR (AD) 69; Faruk Ahmed Vs. Abdul Kader Chowdhury, 38 DLR (AD) 19.......me Court High Court Division (Criminal Revisional Jurisdiction) Present: Abdul Bari Sarker J Habibur Rahman Khan J Hossain Mohammad Ershad..............Petitioner Vs. The State…………………………&h......r was fixed for hearing with the consent of Mr. Kazi Shahadat Hossain, the learned Advocate for the petitioner and it was taken up for hearing on 13.2.1991. 3. The facts of the case are that Mr. Md. Shamser Alam, Deputy Police Commissioner, (North) Dhaka lodged information with the Officer‑in..Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92
Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)
....nal Procedure Code (Amendment) Act of 1949 (Act XLII 42) of 1949. In view of the fact that offences against girl of tender age have considerably been increased several times we would recommend to the Government that the age of the female child in section 361 of the Penal Code and in Section 552 of t...... stayed for 15 days from today. The Rule is accordingly discharged. Communicate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ...... High Court Division (Criminal Revisional Jurisdiction) Present: ARM Amirul Islam Chowdhury J Badrul Islam Choudhury J Sumati Begum....................Petitioner Vs. 1. Rafiqueullah, 2. The State .........................Opposite‑Parties Judgment ......not yet attained the age of 16 years." 16. In the case of Annada Mohan Banerjee Vt State & others reported in 35 DLR 315 a Division Bench of this Court comprising Abdur Rahman Chowdhury and Md. Altaf Hossain JJ. observed as under: "It appears that she is above 16 years today. For the..Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
....o be so kept, the Coal Controller would not suffer any irreparable loss or injury. ……………..(35-41) Cases Referred to- Coal Controller, Directorate of Coal, Government of Bangladesh;33 DLR (AD) 298; Mehla Teja Singh and Co. Vs. Fertilizer Corporation of Ind......the Coal Controller would not suffer any irreparable loss or injury. ……………..(35-41) Cases Referred to- Coal Controller, Directorate of Coal, Government of Bangladesh;33 DLR (AD) 298; Mehla Teja Singh and Co. Vs. Fertilizer Corporation of India and another......Court High Court Division (Civil Appellate Jurisdiction) Present: Anwarul Haque Chowdhury J Kazi Ebadul Hoque J Coal Controller..........................Appellant Vs. Ventura Industries Ltd…………………Respondent ...... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)
....on) Present: Md. Abdul Jalil J Qazi Shafluddin J Mirza Ali Ashraf..................................Petitioner Vs. The State, represented by the Secretary, Ministry of Home Affairs, Government of Bangladesh and others ..........................Respondents. Judgment February 3......: Md. Abdul Jalil J Qazi Shafluddin J Mirza Ali Ashraf..................................Petitioner Vs. The State, represented by the Secretary, Ministry of Home Affairs, Government of Bangladesh and others ..........................Respondents. Judgment February 3, 1991. Cas......44. ......ed to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ..Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184
Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)
....possessing the same by cultivating Boro paddy and also rearing fishes on payment of rent to the ex‑landlord. But during the Rent Roll operation the disputed land was recorded in khas khatian of the Government without any basis. The defendant No.4 contested the suit. He, also filed a written object......the reasons stated above, I set aside the judgment and decree of the lower appellate Court and restore those of the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 57. ......CD) (1994) 57. ......the reasons stated above, I set aside the judgment and decree of the lower appellate Court and restore those of the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 57. ..Category: Property Law | Date: 30 Jan, 1991 | Hits: 2
Bangladesh Inland Water Transport Corpn & ors Vs. Nazma Flour Mills Ltd. & others, 1991, 20 CLC (AD)
....se under section 73 of the Evidence Act. We find no substance in this appeal and it is, accordingly, dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 122. ...... This Case is also Reported in: 43 DLR (AD) (1991) 122. ...... Division (Civil) Present: MH Rahman J Mustafa Karnal J Latifur Rahman J Bangladesh Inland Water Transport Corporation and others……..Appellants Vs. Nazma Flour Mills Ltd. & others………………&hellip......se under section 73 of the Evidence Act. We find no substance in this appeal and it is, accordingly, dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 122. ..Category: Procedural Law | Date: 30 Jan, 1991 | Hits: 108
Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)
....ate) Ltd. H‑79, Block‑M (2nd and 3rd. Floor), Banani Chairman Bari, International Airport Road, Police Station Gulshan, District Dhaka, is hereby wound up from today. The Official Receiver of the Government of Bangladesh is appointed as Official Liquidator of the aforesaid company. The official ......y debt by the respondent company is incorrect and baseless. Rather the company is carrying on business of Garments in full swing with the financial assistance from the Respondent No. 15, Islami Bank (Bangladesh) Ltd. It is a profit earning establishment. 6. It is further alleged that the petiti......ourt High Court Division (Original Civil Jurisdiction) Present: Md. Mozammel Hoque J Md. Ismail Siddique.......................................................Petitioner Vs. M/s. Crescent Apparels (Private) Ltd. and others...............Respondents Judgment ...... for four weeks. The prayer is allowed. Ed. This Case is also Reported in: 43 DLR (1991) 99. ..Category: Company Law | Date: 19 Dec, 1990 | Hits: 195
State Vs. Md. Shafiqul Islam alias Rafique and another, 1990, 19 CLC (AD)
....eme Court Appellate Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J The State, represented by the Solicitor to the Government of the People's Republic of Bangladesh ......Appellant Vs. Md. Shafiqul I......iminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J The State, represented by the Solicitor to the Government of the People's Republic of Bangladesh ......Appellant Vs. Md. Shafiqul Islam alias Rafique and another...................ahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J The State, represented by the Solicitor to the Government of the People's Republic of Bangladesh ......Appellant Vs. Md. Shafiqul Islam alias Rafique and another........................Respondents Judg...... ATM Afzal J Mustafa Kamal J Latifur Rahman J The State, represented by the Solicitor to the Government of the People's Republic of Bangladesh ......Appellant Vs. Md. Shafiqul Islam alias Rafique and another........................Respondents Judgment ..Category: Criminal Law | Date: 12 Dec, 1990 | Hits: 104
Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)
.... 1986 passed by the High Court Division, Dhaka in Civil Revision No.71 of 1981). Judgment: MH Rahman J.- Respondent, Md. Fazlul Huq, was appointed as a clerk in the postal department of the Government in November, 1965, subsequently by an order dated 3.5.1972 he was asked to act as Inspect......s also Reported in: 43 DLR (AD) (1991) 144. ...... ...... Court Appellate Division (Civil) Present: MR Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh..........................Appellant Vs. Md. Fazlul Huq......................Respondent Judgment November 27, 1990. Result: ..Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112
Shambhu Nath Poddar Vs. Bangladesh Railway and others, 1990, 19 CLC (AD)
....tly, the judgment of the High Court Division is set aside and the suit is decreed. The appeal is allowed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 82. ...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Shambhu Nath Poddar.....................Plaintiff-Appellant Vs. Bangladesh Railway and others....................... ..Defendant-Respondent Judgment Nov......vil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Shambhu Nath Poddar.....................Plaintiff-Appellant Vs. Bangladesh Railway and others....................... ..Defendant-Respondent Judgment...... misappreciation of the evidence on record. Lawyers Involved: Mahmudul Islam, Advocate, instructed by Sand Advocate-on-Record-For the Appellant. Shaheed Alam, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Respondent No. 1. Ex parte - Respondent Nos. 2 &a..Category: Civil Law | Date: 19 Nov, 1990 | Hits: 107
The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)
....r life. They are directed to surrender to their bail bonds at once failing which the Deputy Commissioner will get them arrested. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 83. ......abuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J The State, represented by the Solicitor to the Government of the People's Republic of Bangladesh ....................................Appellant Vs. Ashraf Ali alias Ashraf &am......tafa Kamal J Latifur Rahman J The State, represented by the Solicitor to the Government of the People's Republic of Bangladesh ....................................Appellant Vs. Ashraf Ali alias Ashraf & another........................Respondents Judgment ......r life. They are directed to surrender to their bail bonds at once failing which the Deputy Commissioner will get them arrested. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 83. ..Category: Criminal Law | Date: 14 Nov, 1990 | Hits: 88
Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....3) 12....... Court High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Mainur Reza Chowdhury J Farida Aziz....................Petitioner. Vs. Government of Bangladesh, represented by the Secretary, Ministry of Works and Urban Development, Secretariat Build......D) (1993) 12.......ment have been made and/or passed without any lawful authority and are of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 12...Category: Property Law | Date: 5 Nov, 1990 | Hits: 95
Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)
....f the appellant since pre-liberation days and enjoyed cash credit facilities by hypothecation and pledge of goods. After the liberation of the country the factory of the Company was taken over by the Government and placed under respondent No. 3, the Bangladesh Chemical Industries Corporation, for ma...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Agrani Bank .............................................Appellant Vs. Bangladesh Tyres Ltd and others..............Respondents Judgment August 29, 1990. Re...... Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Agrani Bank .............................................Appellant Vs. Bangladesh Tyres Ltd and others..............Respondents Judgment August 29, 1990......46) 2 All ER 763. Lawyers Involved: M Nurullah, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record-For the Appellant. Dr. M Zahir, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent No.1. SR Pal, Senior Advocate, instruc..Category: Business or Commercial Law | Date: 29 Aug, 1990 | Hits: 122
Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
....ent No.1 as plaintiff filed Title suit No.491 of 1981 in The 4th Court of the Subordinate Judge, Dhaka against the appellants, who are defendant Nos.1 and 3‑6, Afroza Begum (defendant No.2) and the Government (defendant No.7) for specific performance of contract for sale of the suit land. The plai......rder XLI rule 20 the matter perhaps would not have come to such a pass and the appeal could be spared a technical knockout. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 156. ...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Anwara Begum and others............Defendants-Appellants Vs. Shahanewaz and another............... Plaintiff-Respondents Judgment August 22, 1......al and others, PLD 1960 (Dacca) 3 = 11 DLR 347; Hupen Majhi Vs. Munshi A Khair 32 DLR (AD) 96; 17 DLR, Dhaka 643; Mohendra Nath Vs. Susila; 12 DLR 745 and 16 DLR (SC) 386. Lawyers Involved: Md. Faziul Karim, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appel..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
MD, Bangladesh Machine Tools Factory Ltd Vs. Chairman, 2nd Labour Court & anr, 1990, 19 CLC (AD)
....on. It was not a case of no evidence at all. The petition is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) 272 This Case is also Reported in: 44 DLR (AD) (1992) 272. ...... 44 DLR (AD) (1992) 272. ......on. It was not a case of no evidence at all. The petition is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) 272 This Case is also Reported in: 44 DLR (AD) (1992) 272. ...... 2nd Labour Court and another……………...Respondents Judgment August 16, 1990. Result: The petition is dismissed. Lawyers Involved: Md. Khalilur Rahman, Advocate, instructed by Sharifuddin Chaklader, Advocate-on- Record-For the..Category: Labour and Industrial Law | Date: 16 Aug, 1990 | Hits: 168
Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan (Md) & others, 1990, 19 CLC (AD)
....rvant. For their dismissal, removal, termination, discharge or for any other punishment the Corporation is required to follow the procedures prescribed in the Rules. These Rules have been made by the Government in exercise of the powers conferred by Article 21 of P.O. 143 of 1972. Chapter 11 of the ......Division (Civil) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Parjatan Corporation........................... Appellants (In all the appeals) Vs. ...... Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Parjatan Corporation........................... Appellants (In all the appeals) Vs. Shahid Hossain Bhuiyan (Md) & others..................Respondents (In Civil Appeal No. ...... others ..............................Respondents (In Civil Appeal No. 36 of 1990) A Sattar and others...........................................Respondents (In Civil Appeal No. 37 of 1990) Md. Shahidullah and others .................................Respondents (In Civil Appeal No. 38 of 1..Category: Employment/Service Law | Date: 8 Aug, 1990 | Hits: 101
Afruz Miah (Md) and another Vs. Alhaj Md. Siraj Miah, 1990, 19 CLC (AD)
.... present case, the same suffers from no illegality. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 89. ......appropriated huge amount of money from his restaurant business in UK taking advantage of the absence of Siraj Miah from UK. Deceased Siraj Miah remained under medical treatment in UK and on return to Bangladesh he was also under the medical treatment of Dr. AA Munib, Associate Professor of Psychiatr......Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Afruz Miah (Md.) and another..................... Defendant-Appellants Vs. Alhaj Md. Siraj Miah being dead his legal heirs: Karimunnessa and others ... Plaintiff-Res......89. ..Category: Procedural Law | Date: 5 Aug, 1990 | Hits: 91
....in liquidation)" a banking company was incorporated in the year 1921 under the Indian Companies Act, 1913. The said Bank with all its branches suspended, its functions in August, 1948 and in 1949 the Government advised the District Magistrate, Mymensingh, to lock and seal the head office and branche......or the Defendant No. 2.
Suit No. 1 of 1982.
Judgment
Md. Mozammel Hoque J. - This is a suit filed under section 61 of the Banking Companies Ordinance, 1962 by the Official Liquidator namely, Bangladesh Bank, alleging, inter alia, that "the East Bengal Commercial Bank Ltd. (in liquidation)" ......
High Court Division
(Original Civil Jurisdiction)
Present:
Md. Mozammel Hoque J
Official Liquidator, East Bengal Commercial Bank Ltd. (In Liquidation)…......Plaintiff Petitioner
Vs.
Mrs. Jahura Khatun & others...................................................Defendants-......e rest. But there shall not be any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 558.
..
Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
Abdur Rahman Mondal and others Vs. State, 1990, 19 CLC (AD)
....plot No. 702 of Rajarbag mouza appertaining to holding No. 99/C, Purba Bashabo Dhaka has been in the possession of the informant PW 1 Major AKM Nurul Alam who obtained lease of the said land from the Government in 1978 and has been possessing the same for 17 years on erecting a tin hut thereon. On 9......ellate Court for re‑hearing and disposal on the basis of the existing evidence on record in accordance with law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17. ......riminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdur Rahman Mondal and others.............Appellants Vs. The State.................................................Respondent Judgment ......ecide the appeal on the basis of evidence on record. The order of remand for retrial will cause prejudice to the accused appellants. Lawyers Involved: Amirul Islam, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellants. B Hossain, Deputy Attorney‑Genera..Category: Criminal Law | Date: 23 Jul, 1990 | Hits: 52
Idris Ali Bhuiyan Vs. Enamul Haque and another, 1990, 19 CLC (AD)
....d that can at times also be exercised to do full and effective justice in a case. Hence, the review petitions are dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 12. ...... Enamul Haque and another....................Respondents Judgment July 17, 1990. Result: The review petitions are dismissed. The Constitution of the People's Republic of Bangladesh, 1972, Article 105 Review of judgment when justified Review of a judgment can...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Idris Ali Bhuiyan ...........................Petitioner Vs. Enamul Haque and another....................Respondents Judgment July 17, 1990. ...... Case Referred to- Sow Chandra Kanta & another Vs. Sheik Habib AIR 1975 SC 1500. Lawyers Involved: MH Khandkar, Senior Advocate, (Abdus Salam Khan, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner (in both petitioners). Khandker Mahbub..Category: Property Law | Date: 17 Jul, 1990 | Hits: 30
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