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Bijoy Kumar Basak Vs. Narendra Nath Datta & others, 1990, 19 CLC (HCD)
....he date of receipt of this order, in accordance with law. Let a copy of this order be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 43 DLR (1991) 68. ......e No. 121 of 1984 which reads as follows: "That this OP No.1 is ready to do the hearing of the suit No.111 of 1981 OC anywhere in any court competent to try the suit within the territory of Bangladesh and due order may be passed in that direction but without leaving any scope for future de......h Court Division (Civil Revisional Jurisdiction) Present: AKM Amirul Islam Chowdhury J Muhammad Ansar Ali J Bijoy Kumar Basak.................................Petitioner Vs. Narendra Nath Datta & others............Opposite Party Judgment July 11. 1990......he date of receipt of this order, in accordance with law. Let a copy of this order be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 43 DLR (1991) 68. ..Category: Property Law | Date: 11 Jul, 1990 | Hits: 67
Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)
....esent: Shahabuddin Rahman J ATM Afzal J Mustafa Karnal J Latifur Rahman J Ishaque (Md.) and others ………..................Appellants Vs. The Government of Bangladesh………Respondent (In Civil Appeal No.13 of 1990) Md. ......hahabuddin Rahman J ATM Afzal J Mustafa Karnal J Latifur Rahman J Ishaque (Md.) and others ………..................Appellants Vs. The Government of Bangladesh………Respondent (In Civil Appeal No.13 of 1990) Md. Ishaque&hellip......vil) Present: Shahabuddin Rahman J ATM Afzal J Mustafa Karnal J Latifur Rahman J Ishaque (Md.) and others ………..................Appellants Vs. The Government of Bangladesh………Respondent (In Civil Appeal No.13 of 19......43 DLR (AD) (1991) 28. ..Category: Limitation Law | Date: 25 Jun, 1990 | Hits: 176
.... in person and enquiry proceeding should not be conducted ex parte. Principle of natural justice should prevail. .................................... (3)
The petitioner was an employee under the Government of Bangladesh and on deputation in the Bangladesh Agricultural Research Council, the Exec...... Court
High Court Division
(Civil Revisional Jurisdiction)
Present:
Naimuddin Ahmed J
AKM Hedayetul Islam...................Petitioner
Vs.
Executive Vice Chairman, Bangladesh Agricultural Research Council and another..........Opposite Parties.
Judgment
......d in: 43 DLR (1991) 44.
...... from him by serving a questionnaire on him. He replied to these queries and questions and thereafter a proceeding was drawn up against him charging him with misconduct on various grounds and one Mr. Md. Walled Hossain was appointed as Enquiry Officer to enquire into the charges against him. He show..
Category: Employment/Service Law | Date: 20 Jun, 1990 | Hits: 74
Dr. Naimur Rahman and another Vs. Shahbazpur Tea Co. Ltd and another, 1991, 20 CLC (AD)
.... the applications for winding up were filed by the appellants with a malafide motive to prevent the companies from acquiring back the shares of Pubali Jute Mills Ltd., pursuant to the decision of the Government to de‑nationalise the said Mill published in the Bangladesh Gazette on 27.9.82 which th......with a malafide motive to prevent the companies from acquiring back the shares of Pubali Jute Mills Ltd., pursuant to the decision of the Government to de‑nationalise the said Mill published in the Bangladesh Gazette on 27.9.82 which the companies were entitled as original Bangladeshi share‑hold...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Dr. Naimur Rahman and another.................Appellants (In Civil Appeal No. 58 of 1984) Vs. Shahbazpur Tea Co. Ltd and another..........Respondents (In Civil Appeal No. 58 of 1984) ...... of these applications is not called for. The appellants can file fresh applications for winding up new or continuing causes of action. Cases Referred to- Amin Scales Ltd. & another vs. Md. Yakub, 1987 BLD (AD) 259; Suleka Works Ltd. AIR 1965 (Cal) 98. Lawyers Involved: Syed..Category: Business or Commercial Law | Date: 19 Jun, 1990 | Hits: 124
Sher Ali Amir Ali Virjee Vs. Eastern Industries (Bangladesh) Ltd. and others, 1990, 19 CLC (HCD)
....o order as to costs. Mr. Tofailur Rahman has prayed for stay of the operation of the judgment for 6 weeks. The prayer is refused. Ed. This Case is also Reported in: 43 DLR (1991) 54. ......urt Division (Original Civil jurisdiction) Present: Md. Mozammel Hoque J Sher Ali Amir Ali Virjee.................................... Petitioner Vs. Eastern Industries (Bangladesh) Ltd. and others.......................Respondents Judgment June 17, 1990. ...... ......ent for 6 weeks. The prayer is refused. Ed. This Case is also Reported in: 43 DLR (1991) 54. ..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
Shahabullah (Md) Vs. The State, 1990, 19 CLC (AD)
....o interfere in the matter. The appeal is dismissed. Let the appellant surrender to his bail bond and serve out his sentence. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 1. ......o interfere in the matter. The appeal is dismissed. Let the appellant surrender to his bail bond and serve out his sentence. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 1. ......reme Court Appellate Division (Criminal) Present: Shabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Shahabullah (Md)...................Appellant Vs. The State .................................Respondent Judgment June 13, 1990. ......s. State 37 DLR 278; Muhammad Zaheer Nadeem Vs. State, PLD 1960 (SC) 51; Som Prakash Vs. State of Delhi, AIR 1974 (SC) 989. Lawyers Involved: Mahbubur Rahman, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellant. B Hossain, Deputy Attorney‑General,..Category: Anti-Corruption Laws | Date: 13 Jun, 1990 | Hits: 119
Atiqur Rahman Vs. AKM Fazlul Hoque, 1990, 19 CLC (HCD)
....us the accused‑petitioner committed an offence under section 156(1)14 of the Customs Act, 1969, for violation of sections 16 & 3 of that Act and that the accused petitioner thereby deprived the Government of huge revenue to the tune of Taka 1,13,320,48 paisa by making false declaration about t...... giving a go by to the earlier submissions made on behalf of the accused ‑petitioner, His submission is, that the case against the accused petitioner is based on suspicion that he had smuggled into Bangladesh wrist watches though as a matter of fact he had no knowledge that those 4 packets of ment......rt Division (Criminal Revisional Jurisdiction) Present: MS Ali J Habibur Rahman Khan J Atiqur Rahman ........................................................Petitioner Vs. AKM Fazlul Hoque, the State.........................................Opposite‑Parties ...... 38; 27 DLR (AD) 29. Lawyers Involved: Abdul Malek with Jamiruddin Ahmad, Advocates‑For the Petitioner. AKM Shamsul Karim, Assistant Attorney General with Shareef Ahmad and Md. Nawab Ali, Advocates‑For the State. Criminal Revision Case No.112 of 1982. Judgment ..Category: Fiscal/Taxation Law | Date: 11 Jun, 1990 | Hits: 80
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....ion'. Finding to this effect of the courts below is perfectly correct. All these appeals are therefore dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 34. ......ul Hoque were the only Directors‑Share holders of each of the Companies. After some time the last mentioned two brothers died whereupon their heirs were substituted. Respondent, Shamsul Hoque, left Bangladesh in July 1972 and resided in Calcutta. He returned to Bangladesh in April 1977 and having ......34. ......asad vs. Official Assignee of Calcutta, 52 CWN 342. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, M. Nurullah, Senior Advocate, (Mahmudul Islam, Advocate with him), instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Appellants (In Civil Appeal Nos.39 to 41 of 1986). ..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
....l Jurisdiction)
Present:
Fazle Hussain Mohammad Habibur Rahman J
Kazi Ebadul Hoque J
Abdur Rouf Mia................................Petitioner
Vs.
The Ministry of Local Government, Rural Development and Co‑operatives and others .................Respondents
......f any aggrieved candidate is to go to the Election Tribunal for redress of his grievance if any. The said decision of the High Court Division was uphold by the Appellate Division.
Nazir Ahmed VS Bangladesh Election commission 41 DLR (AD) 87 = 1989 BLD (AD) 103 .............(10)
Result:
...... Division
(Special Original Jurisdiction)
Present:
Fazle Hussain Mohammad Habibur Rahman J
Kazi Ebadul Hoque J
Abdur Rouf Mia................................Petitioner
Vs.
The Ministry of Local Government, Rural Development and Co‑operatives and others ......... 42 DLR (AD) 49.
Lawyers Involved:
Rabia Bhuiyan with AMMM Rahim, Advocates- For the Petitioner.
Suranjit Sen Gupta with Subrata Chowdhury, Advocates ‑For the Respondent No.10.
Md. Fazlul Karim, Advocate‑For the Respondent No.11.
Writ Petition No.849 of 1990.
..
Category: Election Law | Date: 24 May, 1990 | Hits: 101
Aga Kohinoor Alam Vs. State and another, 1990, 19 CLC (HCD)
....der sections 419/467/471/409 of the Penal Code read with section 5(2) of Act II of 1947. 2. The petitioner represented that a plot of land was held by one Mr. SM Ahsan, a permanent lessee of the Government and from him the petitioner purchased the plot and after obtaining permission and loan fr...... said to be without any basis nor the said proceeding can be held to be liable to be quashed. The Rule is accordingly discharged. Ed. This Case is also Reported in: 43 DLR (1991) 95. ...... High Court Division (Criminal Revisional Jurisdiction) Present: Amin‑ur Rahman Khan J Habibur Rahman Khan J Aga Kohinoor Alam .........................Petitioner Vs. The State and another.....................Opposite Parties Judgment May 13, 1990....... cannot be said to be without any basis nor the said proceeding can be held to be liable to be quashed…................ (9-13) Lawyers Involved: Abdul Malek with Zamiruddin Ahmed and Md. Serajul Islam Khan, Advocates‑For the Petitioner. Md. Enamul Huq, Advocate ‑For the Sta..Category: Criminal Law | Date: 13 May, 1990 | Hits: 73
MA Razzaque Vs. Bangladesh Election Commission, 1990, 19 CLC (HCD)
....o a contract for work to be done for, or goods to be supplied to the Parishad concerned or has otherwise any pecuniary interest in its affair, or is a dealer in essential commodities appointed by the Government. Case Referred to- Burnsk Ransley, 1949 AIR 817. Lawyers Involved: S......sain Mohammad Habibur Rahman J Habibul Islam Bhuiyan J MA Razzaque .......................................................................................Petitioner Vs. The Bangladesh Election Commission, Sher‑e‑Bangla Nagar and Others........Respondents Judgment ...... Fazle Hussain Mohammad Habibur Rahman J Habibul Islam Bhuiyan J MA Razzaque .......................................................................................Petitioner Vs. The Bangladesh Election Commission, Sher‑e‑Bangla Nagar and Others........Respondents ......on the ground that the petitioner is a wholesale dealer of fertilizer appointed by the Bangladesh Agricultural Development Corporation (as stated in the complaint petition Annexure B by one Md. Shafiqul Huq). Respondent No.3 as appellate authority, in his impugned order date 20.2.90 (Annex..Category: Election Law | Date: 5 Apr, 1990 | Hits: 110
Bangladesh Leaf Tobacco Company Ltd. Vs. Md. Abdul Mannan and others, 1990, 19 CLC (HCD)
....e learned District Judge is directed to dispose of the appeal on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 7. ......ts. Ed. This Case is also Reported in: 43 DLR (1991) 7. ......e Court High Court Division (Civil Revisional Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Bangladesh Leaf Tobacco Company Ltd........................Petitioner Vs. Md. Abdul Mannan and others.....................................Opposite Parties Judgm...... High Court Division (Civil Revisional Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Bangladesh Leaf Tobacco Company Ltd........................Petitioner Vs. Md. Abdul Mannan and others.....................................Opposite Parties Judgment ..Category: Property Law | Date: 27 Mar, 1990 | Hits: 75
Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)
....d against the judgment-debtor i.e. the present plaintiff. The plaintiff, of course filed a suit bearing TS. No.607 of 1974 against the said ex parte decree which was still pending. He stated that the Government transferred the entire suit land to him executing and registering a deed Ext.D ......g an expert decree in favour of the plantiff by the court. The court is required to come to a finding on assessment of the materials on record that the plaintiff has been able to prove the case. Bangladesh VS Abdul Wadud and others 25 DLR (SC) page 90 cited &nb......ourt High Court Division (Appellate Jurisdiction) Present: Md. Ismailuddin Sarker J Muhammad Ansar Ali J Sheikh Salimuddin................................Appellant Vs. Ataur Rahman and others........................Respondents Judgment March 15, 199......the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 18. ..Category: Property Law | Date: 15 Mar, 1990 | Hits: 66
Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....the parties and that has been borne out by evidence on record. It is true that both the parties were involved in civil and criminal litigation in the matter of taking settlement of char land from the Government but the eye‑witnesses who deposed in this case could not be shown to be inimically depo......stances of the case would be unreasonable. It is not disputed by the defence side that the doctor who held post‑mortem examination on the dead body of victim Rafiq is now living beyond the limit of Bangladesh. It is submitted by the learned Advocate for the defence that condition laid down in sect......gh Court Division (Criminal Appellate Jurisdiction) Present: Syed Fazle Ahmed J Muhammad Ansar Ali J Ataur Rahman & others ...............................Appellants Vs. The State.......................................................Respondent Judgment ......a cognizable offence to the police and set the law in motion. Therefore, non‑mention of bench in front of Ansar Ali's shop cannot be said to be embellishment on prosecution case. 10. P.W.2 Md. Nurul Islam stated in his evidence that on the date of occurrence at about 6‑30 PM he was sitt..Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65
Abdul Momen Bhuiyan Vs. Haji Payez Ali Mia and others, 1990, 19 CLC (HCD)
....ellip;.Petitioner Vs. Haji Payez Ali Mia and others.......................Opposite Parties Judgment March 5, 1990. Result: The petition is summarily rejected. Local Government (Upazila Parishad and Upazila Administration Re-organisation) Ordinance, 1982; Sect......hammad Abdur Rouf J. - The petitioner who is the sitting Chairman of Raipura Upazila Parishad has moved this petition under Article 102(2) (a) (ii) of the Constitution of the People's Republic of Bangladesh, calling in question the legality of rejection of his nomination paper by the Returning O......ad Abdur Rouf J Badrul Islam Chowdhury J Abdul Momen Bhuiyan…………………………………….Petitioner Vs. Haji Payez Ali Mia and others.......................Opposite Parties Judgment Mar......us, for the reasons stated above, we do not find any substance in this petition. Accordingly, the petition is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 97. ..Category: Election Law | Date: 5 Mar, 1990 | Hits: 136
Anisuzzaman Vs. State, 1990, 19 CLC (HCD)
....t Case No.12 of 1982. 2. The prosecution case in short is, that the informant Abdur Rahman lodged an FIR on April 30, 1981 with the Jamalpur Police Station to the effect that on receipt from the Government 5 electric power pumps for Banarar Khal Project they were irrigating the land of Mouza Ha......uently the order of conviction and sentence is not sustainable in law………………………..(14) Case Referred to- Tamiz Mia Vs. Govt. of Bangladesh, 33 DLR 207. Lawyers Involved: Md. Serajul Huq with SAM Mahbub Elahi, Advocates...... High Court Division (Criminal Appellate Jurisdiction) Present: A M Mahmudur Rahman J Anisuzzaman alias Anis @ Alinur Rahman @ Peara .............................Appellant Vs. The State .......................................................................................ustainable in law………………………..(14) Case Referred to- Tamiz Mia Vs. Govt. of Bangladesh, 33 DLR 207. Lawyers Involved: Md. Serajul Huq with SAM Mahbub Elahi, Advocates‑For the Appellant. SA Hasan AAG‑For the St..Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86
Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)
....n 2/3 occasions. He denied the suggestion that his sister Uma Rani embraced Islam and that Uma Rani requested her father to embrace Islam. 11. P.W.3 Majibur Rahman was the Head Master of Kaliakoir Government Primary School. He stated that on 15.2.86 he was acting as Head Master of the aforesaid P......ila. Next day i.e. on Wednesday he lodged F.I.R. in the police station. When he lodged the First Information Report in police Station the girl was 12 or 13 years old. One year after independence of Bangladesh she was born. He stated that Uma Rani Malakar was his 5th issue and her horoscope was giv...... 349. ......l is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ..Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153
Manindra Kumar Malakar Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....e alleged certificate of the Headmaster of Chapair (West) Primary School given on 20.2.86. In this certificate it is stated that Uma Rani Malakar, the daughter of Manindra Kumar Malakar, read in that Government Primary School from 1981 to 1985 without any admission. Last year she got plucked in the ......s much force in the contention. ........ (23) Cases Referred to- Kiron Bala Chowdhury Vs. The State, 17 DLR (Dhaka) 544; Prafullah Kumar Bhattacharya Vs. Ministry of Home Affairs, Govt. of Bangladesh, 28 DLR 122; Jahanara Begum alias Joisna Rani Saha and another Vs. The State, 15 DLR (Dha......ision (Criminal Revisional Jurisdiction) Present: Latifur Rahman J Md. Mozammel Hoque J Manindra Kumar Malakar................................................Petitioner Vs. Secretary, Ministry of Home Affairs & others ................Opposite Parties Judg...... compliance. Ed. This Case is also Reported in: 43 DLR (1991) 71. ..Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104
Circle Officer, Sutrapur Vs. Mohammad, 1989, 18 CLC (HCD)
.... Judgment August 9, 1989. Result: The Rule is made absolute. Same privilege of government and citizens for filing appeal for delay condonation The law is the same for the Government as well as for the citizens and that the Government can not enjoy a special privilege in ......tion of budget and sanction of fund by the relevant Ministry under a particular head are involved and as such Government requires longer time in making the decision and then in processing the matter. Bangladesh Vs. Zahiruddin 1986 BLD (AD) 180 referred......... (9) Right of appeal – Unive......n (Civil Revisional Jurisdiction) Present: Fazle Hossain Mohammad Habibur Rahman J Mohammad Ismailuddin Sarker J Circle Officer, Sutrapur.....................Petitioner Vs. Mohammad ...................................Opposite Party Judgment August 9, 19...... the Rule is made absolute without any order as to cost. Let a copy of this judgment be sent to the District Judge, Dhaka immediately. Ed. This Case is also Reported in: 43 DLR (1991) 84. ..Category: Limitation Law | Date: 9 Aug, 1989 | Hits: 178
Ziaul Hoque Vs. Election Commission, 1990, 19 CLC (HCD)
...., 1990. Result: The Rule is discharged. Delimitation of the area of the upazillas in question can not affect the petitioner who is not resident of any of the villages taken away by the Government by an impugned notification. The residents of the villages in question are the only perso...... is discharged with compensatory cost of Tk. 5,000/‑ (Taka five thou sand) only to be paid to the respondent No. 5 by the petitioner. Ed. This Case is also Reported in: 43 DLR (1991) 9. ......ent: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Ziaul Hoque........................................................................................Petitioner Vs. The Election Commission, Sher‑e‑Bangla Nagar, Dhaka and others ............Re......oque Vs. Additional Deputy Commissioner, 17 DLR 744; Farid Miah vs. Amjad Ali and others, 42 DLR (AD) 13; Hazrat Ali Vs. Election Commission and others, 1990 BLD 157. Lawyers Involved: Md. Fazlul Karim with Syed Lutfor Rahman, Advocates ‑For the Petitioner. AKM Mozammel Hoque B..Category: Election Law | Date: 14 Jun, 1989 | Hits: 98
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