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Managing Director, Rupali Bank Limited & others Vs. Chairman, First Labour Court & others, 1992, 21 CLC (HCD)

....livery of' the goods to the borrower before his transfer to the godown of Pubali Tannery. Further, it does not appear the respondent Howladar was appointed Godown Keeper under Pubali Tannery with fresh appointment. 11. The case as set up in the Writ Petition No. 959/1977 (unreported) is ide......esentation to the Bank authority and his case was taken up for consideration by the Bank authority who asked him to appear before the Deputy General Manager and he appeared and was asked to submit an application for his confirmation in his post. Accordingly, he applied for confirmation but no order ..

Category: Employment/Service Law | Date: 12 Jan, 1992 | Hits: 6

Sonwar (Md.) Vs. Kamal Kha, 1992, 21 CLC (HCD)

....te parties without costs. The petitioner does get khas possession of the suit premises by evicting the opposite party therefrom. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 346 ......e—For the Petitioner. MA Mannan, Advocate—For the Opposite Party. Civil Revision No. 1228 of 1990. Judgment Mohammad Badruzzaman J. — This Rule was issued, on an application under section 25 of Small Causes Courts Act, 1887, calling upon the defendant opposite p..

Category: Property Law, Tenancy Law | Date: 6 Jan, 1992 | Hits: 3

Paul and Co., Narayanganj Vs. Bangladesh Bank, represented by its Governor and others, 1991, 20 CLC (HCD)

....mit had expired on 31.3.86 and consequently the petitioner cannot claim as of right any banking facilities from the Agrani Bank unless he repays outstanding dues till 30.6.91 and is able to come to a fresh agreement with his Bank. 14. In the result, in view of the fact that respondent No.1 Bangla......ed outstanding dues till 30.6.91 as per agreement dated 21.7.91. Let a copy of this judgment be sent to Respondent Nos. 1, 3, 5 and 6. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 8...

Category: Banking Law | Date: 27 Aug, 1991 | Hits: 180

BD Sangbadpalra Parishad (BSP) Vs. Government of the People's Repub. of BD, 1991, 20 CLC (AD)

....rsonal interest in the subject ­matter. We, therefore, find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991)126. ......everybody including the petitioner had/has interest to challenge the Act and the impugned award as illegal and unconstitutional since such right of freedom of the press has wider import and universal application assuming the proportion of a public interest litigation. He cites a number of decisions ..

Category: Constitutional Law | Date: 15 Jul, 1991 | Hits: 251

Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)

....e trial Court dismissing the suit is hereby restored. The rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 291. ......d and Zakir Hossain, Advocates ‑ For the Petitioner. Abu Sayed Ahmed, Advocate ‑ For the Opposite Parties. Civil Revision No.372 of 1984. Judgment Habibur Rahman Khan J.- This application under section 115 of the Code of Civil Procedure at the instance of the defendants is di..

Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958

Nilkhi Arial Kha Matsyajibi Samabaya Samity Ltd. Vs. Secretary, Ministry of Land and others, 1991, 20 CLC (HCD)

....nt No.4) shall put the fishery in question in public auction on 1st or 2nd Baisakh, 1399 BS or within a week from 1st Baisakh, 1399 BS. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 1. ...... earth cutting, etc. On 22.8.89 respondent No.5, Nikhil Chandra Malo, Secretary, Kabirajpur Union Matsyajibi Samabaya Samity Ltd., Upazila Rajair, District Madaripur out of grudge and enmity filed an application before the respondent No.3, Additional Divisional Commissioner, Dhaka Division, making a..

Category: Property Law | Date: 30 May, 1991 | Hits: 85

Tapash Nandi Vs. State and others, 1991, 20 CLC (HCD)

....ial continue and come to an end as would be desired by both the parties. Communicate this order to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 26. ......ite Parties. Shah Azizur Rahman, Assistant Attorney-­General ‑ For the State. Criminal Revision No. 513 of 1990. Judgment Anwarul Haque Chowdhury J.- This rule arises out of an application under section 439 of the Code of Criminal Procedure and is directed against an order dat..

Category: Women and Children | Date: 28 Mar, 1991 | Hits: 86

Rahela Khatun Vs. Chairman, Court of Settle­ment, Bangladesh Abandon­ed Buildings, 1991, 20 CLC (HCD)

....ttlement in case No.1043 of 1987 as evidenced by Annexure I to the petition is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 5. ...... initio. 4. The Court of Settlement after hearing dismissed the case by the impugned judgment and order dated 23.2.89 as aforesaid. 5. Being aggrieved by the said order, the petitioner filed an application under Article 102 of the Constitution in this Court on which the aforesaid Rule was issu..

Category: Property Law | Date: 12 Mar, 1991 | Hits: 77

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

....the rule and we must not be understood to have expressed any opinion about the merit of the Criminal Proceeding sought to be quashed. Ed. This Case is also Reported in: 43 DLR (1991) 150. ......ney‑General and M Shamsul Alam, Deputy Attorney‑General ‑ For the State. Criminal Revision No.142 of 1991. Judgment Habibur Rahman Khan J. - This Rule was issued on 11.2.91 on an application filed under section 561A of the Code of Criminal Procedure, calling upon the Deputy Comm..

Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92

Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)

.... 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. ......of Criminal Procedure but the Upazila Magistrate instead kept her in judicial custody and sent her to local Jail. Thereafter Rafiqullah, the maternal grandfather of victim girl Sumati Begum filed an application before the Sessions Judge, Moulvibazar for giving victim girl Sumati Begum to his custod..

Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157

Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)

.... 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 ......hment of the performance bond (Bank Guarantee) in writing to the Bank. It is the case of the appellant namely, the Coal Controller that before payment could be made by the Bank, the supplier filed an application before the Court of Subordinate Judge, Dhaka and 1st Commercial Court, purporting to be ..

Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5

Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)

....tension by Annexure 'C' dated 24.2.97 and 23.5.97 respectively to the petition are declared to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ......n affidavit‑in‑opposition controverting the material allegations made in the petition and contending, in substance, that the petitioner having been already released he cannot maintain the present application under Article 102 of the Constitution and denied that the order was passed with mala fid..

Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184

Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)

....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. ......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 objection to the application for temporary injunction filed by the plaintiffs. In the written objection the defendant..

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. ......r examining the plaintiffs' kabalas and obtaining other information came to learn that their documents were forged one, and that they did not acquire any valid title. 4. The defendants' application for examining the, signature and thumb impression of the executants of the plaintiffs..

Category: Procedural Law | Date: 30 Jan, 1991 | Hits: 108

Baneazuddin Ahmed and others Vs. The State, 1991, 20 CLC (AD)

.... on bail already granted, till disposal of the Criminal Revision No. 21 of 1989 pending before the High Court Division, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 123. ......he High Court Division in revision, the High Court Division acted properly in refusing the prayer for bail and at the same time directing the appellants to surrender after 29.1.89 and file a separate application for bail before the High Court Division. In the present case, the offence is under..

Category: Criminal Law | Date: 15 Jan, 1991 | Hits: 42

Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)

....8.7.84 that means the share script was issued in favour of Md. Ismail Siddique in the year 1984. This share script book is marked as Ext. 5. On the very face of it, it appears that it is very new and fresh and it does not show any sign of oldness of the papers. Had it been printed and issued in the ......mpany in question is a private limited company.......(33) A genuine share holder can only apply for winding up The petitioner who sold his shares does not enjoy the locus standi to file the application of winding up of the company in question as he sold his shares long before he filed the ..

Category: Company Law | Date: 19 Dec, 1990 | Hits: 195

State Vs. Md. Shafiqul Islam alias Rafique and another, 1990, 19 CLC (AD)

....espondent No. 1 is directed to surrender to his hail bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ......thesis than that of the appellants' guilt. In the result the appeal is allowed. During the pendency of this matter respondent No.2 "Rahmat Ali died as disclosed in the respondent's application dated 18.7.1990 and the appeal against him has thus abated. The judgment and order of th..

Category: Criminal Law | Date: 12 Dec, 1990 | Hits: 104

Narayan Chandra Sil Vs. Manhar Mandal, 1991, 20 CLC (AD)

....tly, the judgment of the High Court Division is liable to be set aside. In the result, the appeal is allowed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 152. ......puted property from one Sambhu Nath Agrason for the first time on 8.6.1970 and filed the case for setting aside the auction sale on 11.7.70. 3. The case of respondent-decree-holder, is that, the application was hopelessly barred by time and that the disputed land was auction purchased by the re..

Category: Property Law | Date: 11 Nov, 1990 | Hits: 50

Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)

....t could not execute the deed of sale as formalities to execute, and register the deed could not be completed. In the meanwhile on attaining their majority Arshad Selim and Akhtar Selim entered into a fresh agreement for sale of the house with the petitioner on October 27, 1980. But later on their re...... September, 1977 when the Government took over possession from Mr. KA Dewan and since then it is being treated as abandoned property by the Government. The owners of the house thereafter made several applications (Annexure ‘E’ to ‘E‑5’) of different authorities including the Ministry of Wo..

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. ......965 by his co‑sharer, respondent No. 2. Objection was raised by the pre-emptees (appellants on the ground that one of the lands, namely schedule III, was not sought to be pre-empted and as such the application for pre‑emption was hit by the rule as to bar of partial pre‑emption. Pre‑emptor f..

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