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Atiqur Rahman Vs. AKM Fazlul Hoque, 1990, 19 CLC (HCD)
....nal report was absolutely false so far it relates to consultation with the Customs Authority before submission of that report. It is stated in the Naraji petition that the petition was in the form of fresh complaint. After receiving the Naraji petition in the form of fresh complaint the learned Magi......rim, Assistant Attorney General with Shareef Ahmad and Md. Nawab Ali, Advocates‑For the State. Criminal Revision Case No.112 of 1982. Judgment MS Ali J. - This Rule issued on an application under section 561A of the Code of Criminal Procedure challenges the legality of the proc..Category: Fiscal/Taxation Law | Date: 11 Jun, 1990 | Hits: 80
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....made in the Returns for the other two Companies. Now the question is why there was such omission of the transfer altogether, and when the omission was detected, why now Forms-E were not taken to make fresh Returns, but instead, dubious method was adopted‑such as erasures, alterations and additions...... May 31, 1990. Result: The appeals are dismissed. The Companies Act (VII of 1913); Sections 38 & 40 When both parties have led all their evidence and the facts involved in the applications for rectification of the share registers are not of complicated nature, the same can be..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
....poll.
In the result, the Rule is discharged and the order of stay granted on 6.5.90 is vacated. There will be no order for costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 29.
......38(3)
In case of any grievance the petitioner shall raise objection before the Presiding Officer or pray for recounting the ballots. In this case the petitioner filed an application before the Chief Election Commission for recounting and the Chief Election Commissioner ..
Category: Election Law | Date: 24 May, 1990 | Hits: 101
Bakul Howlader @ Shamsul Alam Vs. The State, 1990, 19 CLC (AD)
....bail of the appellant. Hence, the appeal is allowed and the bail granted to the appellant by the Upazila Magistrate is confirmed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 14. ......blank paper and subsequently this First information Report was fabricated. 5. A Division Bench of the High Court Division, while issuing Rule in Criminal Miscellaneous Case No. 318 of 1989 on an application for bail by accused Bazlur Rashid Sarker also issued a suo motu Rule being Criminal Misc..Category: Criminal Law | Date: 20 May, 1990 | Hits: 100
Fazal & others Vs. State, 1990, 19 CLC (HCD)
....and allowed it on contest and set aside the judgment and order of conviction and sentence of the learned Additional District Magistrate and remanded the case back to the Trial Court for writing out a fresh Judgment in the light of the observations made in the judgment and directed the petitioners to......he accused petitioners be acquitted of the charge levelled against them. The accused petitioners be discharged from their bail bonds. Ed. This Case is also Reported in: 43 DLR (1991) 40. ..Category: Criminal Law | Date: 14 May, 1990 | Hits: 66
Aga Kohinoor Alam Vs. State and another, 1990, 19 CLC (HCD)
.... 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. ......nd Md. Serajul Islam Khan, Advocates‑For the Petitioner. Md. Enamul Huq, Advocate ‑For the State. Criminal Revision No. 234 of 1989. Judgment Amin‑ur‑Rahman Khan J.- By an application under section 561A of the Code of Criminal Procedure the accused petitioner Aga Kohinoor..Category: Criminal Law | Date: 13 May, 1990 | Hits: 73
Ayesha Khatun (Musammat) Vs. Musammat Jahanara Begum & others, 1990, 19 CLC (AD)
.... per provision of section 96 of the State Acquisition and Tenancy Act. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 9. ......leted earlier by reason of section 47 of the Registration Act though thereunder the instrument of transfer commences to operate from earlier date of execution............(6) The appellant's application for pre‑emption though maintainable, she is not entitled to pre‑emption because her ..Category: Property Law | Date: 11 Apr, 1990 | Hits: 47
Sonali Bank Vs. Nurul Kader and another, 1990, 19 CLC (HCD)
....was taken by the petitioner the court fixed on 29.5.82 for taking step by the petitioner and directed the petitioner to show cause for not taking any step on 16.3.82. On 29.5.82 the petitioner put in fresh requisites and filed hazira. But did not show any cause. Accordingly, the court fixed 30.6.82 ......Opposite Party. Civil Revision No. 692 of 1986. Judgment AM Mahmudur Rahman J.-This Rule is directed against the order dated 6.4.86 of the learned Munsif, 3rd Court, Dhaka rejecting an application filed under Order 9 rule 4 CPC for restoration of Money Suit No. 23 of 1979 on Setting a..Category: Civil Law | Date: 5 Apr, 1990 | Hits: 1
Sonali Bank Vs. M/s Begg & Beg Jute Incorporated Limited & others, 1990, 19 CLC (HCD)
.... discretion in refusing the interest to the plaintiff. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 27. ......contended that the instant suit is not a suit for foreclosure, redemption or for promissory note and as such the cases reported in AIR 1953 (Bom) 445 and in AIR 1958 (Rajasthan) 145 have no application in the instant case. He has next contended that the Commercial Court has given valid rea..Category: Civil Law | Date: 1 Apr, 1990 | Hits: 79
M/s. Rising Sun Traders Ltd. Vs. Chittagong Port Authority and another, 1990, 19 CLC (HCD)
....First Miscellaneous Appeal No.1 of 1989 in this Court and this Court by its Judgment and order dated 15.2.1989 set aside the Judgment and order of the Trial Court and sent the case back on remand for fresh disposal of the suit in the light of the observations made by the Court. The learned Subo...... serve notice of the award on the opposite parties i.e. the contractor‑appellant and respondent No.1, Chittagong Port Authority informing them about the filing of the Award and on the basis of this application of the Arbitrator under section 14(2) of the Arbitration Act, Other Suit No.5 of 1987 wa..Category: Alternative Dispute Resolution | Date: 28 Mar, 1990 | Hits: 176
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. ......purchased the suit land during the pendency of the suit without any permission of the Court and as such the transaction was barred by section 52 of the Transfer of Property Act. Hence this revisional application by the appellant‑petitioner. 4. It is submitted by Dr. Rafiqur Rahman, the l..Category: Property Law | Date: 27 Mar, 1990 | Hits: 75
Zahura Khatun and others Vs. Rokeya Khatun and others, 1991, 20 CLC (AD)
....dlord‑ appellants has not pressed the first point on which leave was granted. When the leave was granted with the tacit admission that the notice was defective we cannot, in fairness, embark upon a fresh inquiry into the validity of the notice. The landlord‑appellants having abandoned that point......gitate the same in the absence of the respondents. 9. The appeal is, therefore, dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 98. ..Category: Tenancy Law | Date: 25 Mar, 1990 | Hits: 124
Abdur Rabban (Md) Vs. Aminul Hoque Sowdagar and another, 1990, 19 CLC (AD)
.... For the reasons stated above we do not find any merit in the appeal. The appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 19. ...... the plaintiff whose case against the defendant was that of trespass in the suit land Since the relationship of landlord and tenant between the parties was never a fact in issue in the suit the application of the defendant No.1 dated 12.1.1966 and the deposition of defendant No.1 in miscellane..Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123
Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....ected to surrender to his bail bond and to serve out the sentence. Appeal No.10 of 1985 is dismissed and order of acquittal is upheld. Ed. This Case is also Reported in: 43 DLR (1991) 87. ......tor being away from the country was not examined as witness to prove the injury on the person of the victim Rafiq and that of Kalachand (P.W.5) and it is under this circumstance prosecution put in an application dated 10.3.85 under section 509A Cr.P.C. for the purpose of admitting post- mortem repor..Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65
Azima Begum Vs. Yusuf Khan (Md) and others, 1990, 19 CLC (AD)
....and the parties will be at liberty to take such steps as advised for hearing of the Rule. The appeal is, therefore, allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 53. ......ate before the investigating officer showing the age of the appellant at 19 years. Relying upon the same the investigating officer submitted a final report on 30.7.85. 3 Respondent No.1 filed an application before the City Magistrate on 4.8.95 praying for re‑examination of the appellant by a ..Category: Criminal Law | Date: 14 Feb, 1990 | Hits: 58
Anisuzzaman Vs. State, 1990, 19 CLC (HCD)
....roject authority. In the result, I allow the appeal with the aforesaid observation. The appellant is released from his bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 35. ......tail PS and came to learn from the Officer‑in‑Charge that the seized motors with the arrested persons were forwarded to the Court. Thereafter he went to Tangail Sadar Court and on the basis of an application took them in custody from the Magistrate and submitted the charge sheet under section 37..Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86
Moynul Hasan and others Vs. Nazmul Haq @ Nazmul Hasan and others, 1989, 18 CLC (HCD)
.... impugned order of the learned Subordinate Judge. In the result, the Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 82. ......ed by the plaintiff‑petitioners, is directed against order No. 30 dated 31.12.86 passed by Mr. AKM Fazul Karim, Subordinate Judge, 3rd Court, Dhaka in Miscellaneous Case No. 756 of 1985 allowing an application under Order 9 rule 13 of the Code of Civil Procedure. The parties herein are heirs and d..Category: Limitation Law | Date: 28 Nov, 1989 | Hits: 219
Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)
....ce by us. In the result, this appeal is dismissed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ......under section 30 against judgment of acquittal passed by the Special Tribunal and on that ground, the Division Bench dismissed the appeal summarily. Further, the above Division Bench observed that an application under section 561A Cr. P.C. could be preferred by the informant against the judgment of ..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 copy of this order be communicated to the Deputy Commissioner, Gazipur and the Jailor, Gazipur District Jail at once for compliance. Ed. This Case is also Reported in: 43 DLR (1991) 71. ......vate document which may be created at any time for any special purpose. It is very difficult to rely on such a private document which can be created at any time for some ulterior purpose. Even in the application there is no averment as to when and by whom such horoscope was prepared............. (10..Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104
Circle Officer, Sutrapur Vs. Mohammad, 1989, 18 CLC (HCD)
.... 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. ......ation The statute of limitation makes no distinction between the Government and the private individual except in certain provisions like Article 149 of the Limitation Act. But in dealing with an application under section 5 of the Limitation Act the fact remains that a private individual has to ..Category: Limitation Law | Date: 9 Aug, 1989 | Hits: 178
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