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Moyezuddin Mondal Vs. Bena Rani Das & others, 1992, 21 CLC (HCD)

....nt of tide of the vendor. Thereafter on 25.2.89 he filed his other documents in original by a firisti along with their photo copies stating, inter‑alia, in the application that these documents were handed over to him by the vendor defendant No.1 Nihar Bala and accordingly he handed over them to hi......d order stands valid and effective being not challenged. Let a copy of the judgment be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 154. ..

Category: Procedural Law | Date: | Hits: 76

Mansur Ali (Md.) Vs. Janata Bank and others, 1990, 19 CLC (HCD)

....the Munsif could not be ousted and thus the learned Munsif committed error of law in returning the plaint so as to drive the plaintiff to another litigation. 12. Mr. Sk. Razzaque Ali, on the other hand, submits that the suit in which the order of suspension was challenged before the Administrativ...... of the learned Munsif does not call for interference at this stage. In the result, the rule is discharged without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 394. ..

Category: Administrative Law | Date: | Hits: 189

M Mahmood Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and another, 1991, 20 CLC (HCD)

....ala fide, for collateral purpose in order to prevent the detenu from effectively participating in the ensuing participating election. 8. The learned Attorney‑General Mr. Aminul Huq, on the other hand, has contended that having regard to the antecedent history of political capability of the dete......berty forthwith, if he is not wanted in any other connection. In view of the difference of opinion let the matter be placed before the learned Acting Chief Justice for necessary order. Editor's note: As dissenting judgments, the matter was referred to the third judge, Mr. Justice BB Roy Chowdh..

Category: Constitutional Law | Date: | Hits: 178

Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)

....of fact defendant No. 1 was merely a paper proprietor of M/s. Hakim Humayun and Co. and only his name was landed in the transfer to avoid income tax and other complications; that possession was never handed over to defendant No. 1; that defendant Nos. 2 and 4 paid the fees and furnished the undertak......the defendants over the title of the suit property. In that view of the matter cross‑objection filed by the respondent No. 1 is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 360. ..

Category: Civil Law | Date: | Hits: 92

Md. Abul Hashem alias Bachhu Vs. Abdul Latif, 2009, 38 CLC (HCD)

....tioners are entitled to get any relief in this revision. 10. On perusal of the record, it appears that in the Miscellaneous case No.25 of 198, defendant petitioners examined 2 PWs and on the other hand plaintiff opposite parties also examined 3 OPWs. The learned Assistant Judge on consideration o......rder 9 Rule 13 of the Code of Civil Procedure are set aside and the ex parte decree dated 29.12.1982 is upheld. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 441, 8LG (2011) HCD 305. ..

Category: Property Law | Date: | Hits: 82

Anika Ali Vs. Rezwanul Ahsan, 2011, 40 CLC (AD)

....a that the dower money of Tk.8,00,000/- will be paid by the respondent in twelve installments, a cheque for Tk.66,666/- was paid to the petitioner on 03.04.2006 and eleven post-dated cheque would be handed over to the petitioner on that date; a cheque for Tk.60,000/- was paid to the petitioner on 0......e have considered the submissions of the learned advocates for the petitioner and the respondent and perused the judgment and order of the High Court Division as well as those of the Courts below. We note that both the parties to the marriage filed Suits in the Family Courts with their own claims an..

Category: Family Law | Date: | Hits: 327

Bera Pourashava and another Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)

....areas of Karamza and Sharisha Mouza within Bera Paurashava. In his report the ADC (General), Pabna stated that the objectors were in favour of keeping the area within Santhia Paurashava. On the other hand the ADC (General), Pabna opined that for the general development and for increase of income of ......claration or alteration. Mr. Sircer appearing for respondents No.9-13 in Civil Appeal No.218 of 2007 submits that the seven days’ notice provided in the Rule is not a mandatory provision of law. We note also that in the course of submissions before the High Court Division the learned advocate for ..

Category: Election Law | Date: | Hits: 152

Bangladesh Vs. Md. Abdul Alim and others, 2010, 39 CLC (AD)

....ndent Nos.2-7, 9-13, 15-28, 30-35, 38 and 40-42 (In Civil Petition No. 1303 of 2010.) Not Represented- Respondent Nos.1, 8, 14, 29, 36-37, 39 and 43 (In Civil Petition No.1303 of 2010.) Bivash Chandra Biswas, Advocate-on-Record-For Respondent Nos. 1 and 8 (In Civil Petition No.1304 of 2010.) ...... and the respondents within 2(two) weeks thereafter to make the appeals ready. The appeals are fixed for hearing on 22nd February, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 185...

Category: Administrative Law | Date: | Hits: 188

Sudhansu Kumar Barai and others Vs. Abul Hashem and others, 1990, 19 CLC (HCD)

....a. 2. Opposite party No.1 namely, Abul Hashem Howlader being a plaintiff brought the suit praying for declaration of title and confirmation of possession in certain immovable property. One Audhor Chandra Barai, predecessor of the pcfiti6ners, was impleaded as defendant No. 1 therein. After being ......tioned that the defendants shall be at liberty to agitate this question when the issues are framed. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 327. ..

Category: Property Law | Date: | Hits: 80

Government of Bangladesh Vs. Abdul Wahid Sheikh (dead) his heirs & others, 1990, 19 CLC (HCD)

....in the district of Patuakhali where the disputed lands are situated and consequently the suit is liable to abate. 10. Mr. Hemayetuddin Ahmed, the learned Advocate for the respondents, on the other hand, argues that the claim of the plaintiffs relates to lands which have appeared before the coming......gment delivered by the learned Subordinate Judge also abates. The appeal is, accordingly, disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 308. ..

Category: Property Law | Date: | Hits: 77

Haque and Company Limited Vs. M/s. Western Soap Factory and others, 1990, 19 CLC (HCD)

....No. 1 at any time before the filing of the application which has been admitted by the respondent No. 1. In this view of the matter his application should succeed. 8. Mr. Abdur Rashid, on the other hand, submits that the respondent No. 1has not manufactured the toilet soap under the trade name 'Ca......in favour of the respondent No. 1 is set aside and the Trade Mark Registry be rectified accordingly. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 304. ..

Category: Intellectual Property Law | Date: | Hits: 219

Rustom Ali Vs. Jamila Khatun, 1990, 19 CLC (HCD)

....aw (Eighteenth Edition) and two decisions reported in ILR 1881 (Cal) 631, and PLD (Lahore) 1958, 596. 6. Mvi. Md. Wahidullah, the learned advocate representing the opposite party has, on the other hand, argued that since the term "maintenance" has not been defined and has been left open in the Fa......all be modified accordingly and all other reliefs granted by them shall remain undisturbed. The parties shall bear their respective costs. Ed. This Case is also Reported in: 43 DLR (1991) 301...

Category: Family Law | Date: | Hits: 253

Captain Shamsul Alam Chowdhury Vs. Shirin Alam Chowdhury, 1991, 20 CLC (HCD)

.... in section 17 should be interpreted in the ordinary sense of the word and therefore should include all orders passed by the Family Court including interlocutory order. Mr. Masihuzzaman, on the other hand, submits that the Family Courts Ordinance was promulgated with the purpose of speedy disposal o......l made by the petitioner under section 17 of the Family Courts Ordinance on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 297...

Category: Family Law | Date: | Hits: 230

Sadharan Bima Corporation Vs. The Dhaka Dyeing and Manu­ facturing Company Limited, 1990, 19 CLC (HCD)

....red to- Baroda Spinning and Weaving Company Limited Vs. Satyanarayan Marine and Fire Insurance Company Limited, ILR XXXVIII (Bom) 344; Sree Hari Sankar Nandi Majumder and others Vs. Sree Promode Chandra Roy Chowdhury, PLR IV (Dhaka) 595; Pearl Insurance Co. Vs. Alina Ram, AIR 1960 (Panjab) 236; ......lt this appeal is allowed and the suit is dismissed. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 286. ..

Category: Alternative Dispute Resolution | Date: | Hits: 170

Abdur Rashid Vs. State, 1990, 19 CLC (HCD)

....y, was beyond time and as such, the case was liable to be stopped and the accused persons released as per provision of section 167(7) Cr.P.C. The learned Advocate for the opposite party, on the other hand, contends that the law contemplated completion of the investigation by the police within the pr......fusing to refer the case under section 438 Cr.P.C. by the impugned order. We find no merit in the case. The Rule is, accordingly, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 279...

Category: Criminal Law | Date: | Hits: 66

Birendra Nath Chakraborty Vs. Subal Chandra Biswas and others, 1981, 10 CLC (HCD)

....LR (1991) 276.......alish over this matter. 17. True, the PWs admit that the OPs are in possession of the case lands but the learned District, Judge has failed to discuss the evidence on record and has failed to take note of the statements of PW 3 and PW 4 as to when and how the ON went into possession of the case l..

Category: Property Law | Date: | Hits: 78

Dilip @ Siddiqur Rahman & others Vs. State, 1990, 19 CLC (HCD)

....f dispute between the present parties over the said plot of land there was a proceeding under section 145 of the Code and both parties were restrained from going into the land which was placed in the hand of the receiver who was the OC of the local police station so it was improbable that the inform......in order to make our own assessment as to the credibility of the evidence and to give our finding as to whether charges have been proved against the appellants and if so to what extent. 21. We may note at the outset that the occurrence on plot No. 1050 in the morning of 20.11.86 at about 7‑30 o..

Category: Criminal Law | Date: | Hits: 61

State Vs. Kalu Bepari, 1990, 19 CLC (HCD)

.... entire evidence on record. It is urged by him that the evidence on record is sufficient to sustain the conviction of the condemned prisoner under section 302 of the Penal Code. Mr. Huq, on the other hand, contends that there is no legal evidence to involve the condemned prisoner with the murder of ......nviction of the condemned prisoner under section 302 of the Penal Code is upheld but the sentence of death is altered to life imprisonment. Ed. This Case is also Reported in: 43 DLR (1991) 249. ..

Category: Criminal Law | Date: | Hits: 81

Idris and others Vs. The State, 1990, 19 CLC (HCD)

.... petitioners were in possession of the land for 1 ½ years and in that view of the evidence the petitioners committed no offence under section 379 of the Penal Code. 8. Mr. AQ Rashid, on the other hand, submits that the Jimma of the case hut was given by the Officer‑in‑Charge in connection wi......titioner No. 1. The accused petitioners are directed to surrender to their bail bonds and to serve the remaining period of their sentence. Ed. This Case is also Reported in: 43 DLR (1991) 245...

Category: Criminal Law | Date: | Hits: 66

Sheikh MA Jabbar Vs. AKM Obaidul Huq and others, 1990, 19 CLC (HCD)

.... 8 witnesses in support of the case and the defence none. The case of the accused‑petitioner was that he was innocent and he did not put any lock on the shop. The complainant had taken away the merchandise and his belongings from the shop in the month of July, 1985, and the criminal case was filed......passed by the Metropolitan Magistrate in case No. 792A/95 is set aside. The Rule arising out of Criminal Revision No. 239/88 is discharged. Ed. This Case is also Reported in: 43 DLR (1991) 233. ..

Category: Criminal Law | Date: | Hits: 59