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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......Hoque J Coal Controller..........................Appellant Vs. Ventura Industries Ltd…………………Respondent Judgment February 3, 4 and 5, 1991. Result: The Rule is also discharged. An arbitrator exercises a quasi jud......Court High Court Division (Civil Appellate Jurisdiction) Present: Anwarul Haque Chowdhury J Kazi Ebadul Hoque J Coal Controller..........................Appellant Vs. Ventura Industries Ltd…………………Respondent ..

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......dul 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. Cases Referred......44. ..

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. ...... This Case is also Reported in: 46 DLR (HCD) (1994) 57. ......CD) (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. ...... 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..

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......vil Jurisdiction) Present: Md. Mozammel Hoque J Md. Ismail Siddique.......................................................Petitioner Vs. M/s. Crescent Apparels (Private) Ltd. and others...............Respondents Judgment December 19, 1990. Result: The pra......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 ..

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...................al 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 December 12, 1990. Result: ......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..

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. ...... be any promotion to the post of IPO without appearing successfully in the competitive examination of the Department. Any order of reversion after an incumbent's appointment' to a higher post and continuing there for some duration will surely cause a disappointment as he would no longer draw...... ..

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......habuddin 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 November 19, 1990. ......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..

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...... In an appeal against acquittal it is quite open to the Court to review the evidence in order to see whether finding on which acquittal has been based is perverse being wanton disregard of good and unblemished evidence given by other witnesses who got no grudge or enmity whatever with the accu......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 ..

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......tion) 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 Building, Dhaka and another..................Respondents Judgm......D) (1993) 12...

Category: Property Law | Date: 5 Nov, 1990 | Hits: 95

Karimunnessa Begum Chowdhurani and others Vs. Niranjan Chowdhury and another, 1990, 19 CLC (AD)

....n, as allowed by the High Court Division, is found to have been rightly allowed. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ......n, as allowed by the High Court Division, is found to have been rightly allowed. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ......) 78. ...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Karimunnessa Begum Chowdhurani and others………………..Appellant Vs. Niranjan Chowdhury and another ………Respondents Judgment No..

Category: Property Law | Date: 1 Nov, 1990 | Hits: 40

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...... (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. Result: The appeal...... 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..

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. ......n: 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..

Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106

Wajear Rahman Moral (Md) Vs. The State, 1990, 19 CLC (AD)

....eal is dismissed with the modification of sentence, that is, the sentence of death is altered to that of imprisonment for life. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 25. ......eal is dismissed with the modification of sentence, that is, the sentence of death is altered to that of imprisonment for life. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 25. ......cquittal when there is his clear confession admitting his guilt Statements elicited from a witness in cross examination, the most effective of all means ever invented for the discovery of truth and exposing falsehood, are a part, a very important part, of evidence before Court. Before drawing ......te Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Wajear Rahman Moral (Md.) .......................Appellant Vs. The State ...............................Respondent Judgment August 20, 1990. ..

Category: Criminal Law | Date: 20 Aug, 1990 | Hits: 84

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. ......naging Director, Bangladesh Machine Tools Factory Ltd………………………………Petitioner Vs Chairman, 2nd Labour Court and another……………...Respondents  Judgment August 1......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. ..

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. ......p; others..................Respondents (In Civil Appeal No. 33 of 1990) Mosharraf Hossain Khan & others.........................Respondents (In Civil Appeal No. 34 of 1990) Momtaz Begum and others .................................Respondents (In Civil Appeal No. 35 of 1990) Sorhab...... 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. ..

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..

Category: Procedural Law | Date: 5 Aug, 1990 | Hits: 91

Official Liquidator, East Bengal Commercial Bank Ltd. Vs. Mrs. Jahura Khatun & others, 1990, 19 CLC (HCD)

....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)" ......cial Bank Ltd. (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 of...... 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-..

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.   ......e Court Appellate Division (Criminal) 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..............................................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 ..

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......on (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. Result: The r...... 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. ..

Category: Property Law | Date: 17 Jul, 1990 | Hits: 30