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Hosne Ara Begum Vs. Alhaj Md. Rezaul Karim and others, 1990, 19 CLC (HCD)

....e Court of appeal under section 17 of the said Ordinance, 1985, but nevertheless remaining a Court subordinate to the High Court Division. Ed. This Case is also Reported in: 43 DLR (1991) 543. ......ubject to payment of prompt dower and also whether prompt dower at all or any portion thereof was paid; that for physical and mental torture by the husband there is provision for punishment under the provisions of Cruelty to women (Deterrent‑Punishment) Ordinance, 1983. 8. The Court of appeal b..

Category: Family Law | Date: | Hits: 210

Sattar Match Works and others Vs. Bangladesh Chemical Industries Corporation and others, 1990, 19 CLC (HCD)

....ith Sattar Match Works. With the above direction and observation this application is disposed of but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 532. ...... of 1972. After taking over the management of the aforesaid 2 Units the same were placed under the erstwhile Bangladesh Fertilizer Chemical and Pharmaceutical Corporation (BFCP Corporation) under the provisions of PO 27 of 1972 and subsequently the BFCP Corporation along with 2 other Corporations we..

Category: Intellectual Property Law | Date: | Hits: 264

State Vs. Satya Narayan Sarada, 1991, 20 CLC (HCD)

....ocedure. The Rule is therefore discharged. The order of stay granted by this Court and the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 529....... to pass the impugned order of discharge and return of the seized goods after accepting the final report. 8. Let us consider the above submissions of the learned Advocates in the light of specific provisions for taking cognizance of the case under the Special Powers Act. Section 27(1) of the Spec..

Category: Criminal Law | Date: | Hits: 72

Nannu (Md.) Miah Vs. Mosammat Peer Banu Bibi & another, 1990, 19 CLC (HCD)

....ly removed. In support of this decision reliance has been placed upon some observation of the Judicial Committee of Privy Council in an earlier case that "The provisions of section 11 of the Code are mandatory and the ordinary litigant who claims under one of the parties to the former suit, can only...... bar created by section 11 is automatically removed. In support of this decision reliance has been placed upon some observation of the Judicial Committee of Privy Council in an earlier case that "The provisions of section 11 of the Code are mandatory and the ordinary litigant who claims under one of..

Category: Procedural Law | Date: | Hits: 86

Motaleb @ Mutu and others Vs. State, 1990, 19 CLC (HCD)

....ideration of materials on record. In the result, the Rule is discharged with the above observation and modification of the impugned order. Ed. This Case is also Reported in: 43 DLR (1991) 519.......r in charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form prescribed; and the provisions of sub‑section (1) to (3A) shall, as far as may be, apply in relation to such report or..

Category: Criminal Law | Date: | Hits: 67

Bangladesh Vs. Unimarine SA Panama and other, 1977, 6 CLC (HCD)

....t-appellant but in view of our judgment there is no necessity of passing any order in the revisional application. ATM Afzal J.- I agree. Ed. This Case is also Reported in: 29 DLR (1977) 252. ......the defendants were trying to remove the lighterage concerned from the jurisdiction of the court concerned. The second contention of Mr. Hafizullah is that there is another remedy available under the provisions of Private International Law and as such the application under Order 38, rule 5 was misco..

Category: Admiralty Law or Maritime Law | Date: | Hits: 240

Mozammel Haque Vs. Uttara Bank, 1990, 19 CLC (HCD)

....t relates to the ground of re‑calling the order dated 28.8.84. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 498. ......was known as "Uttara Bank", that on and from 15.9.83 the plaintiff bank has been be nationalised and converted into a public limited company on the basis of an agreement dated 15.9.83 pursuant to the provisions of the Bangladesh Bank (Nationalisation) (Amendment) Ordinance, 1983 (Ordinance No. XLVII..

Category: Property Law | Date: | Hits: 90

Investment Corporation of Bangladesh Vs. Bata Shoe Company (Bangladesh) Ltd., 1990, 19 CLC (HCD)

....further directed to issue and deliver the necessary share certificates in favour of the petitioner ­corporation without any further delay. Ed. This Case is also Reported in: 43 DLR (1991) 487. ...... above Ordinance speaks that the corporation shall be a body corporate by the name of the Investment Corporation of Bangladesh for a perpetual succession and a common seal, with power, subject to the provisions of this Ordinance, to acquire, hold and dispose of any property and shall, by the said na..

Category: Company Law | Date: | Hits: 208

Delta Jute Mills Limited and another Vs. Sonali Bank and others, 1990, 19 CLC (HCD)

....hout lawful authority and is of no legal effect. Considering the facts of the case, we, however, award cost against Respondent No. 2 only. Ed. This Case is also Reported in: 43 DLR (1991) 483. ......as amended on 12.8.65. Subsequently the petitioner company was formed on 27.7.65 and it took over the said jute mill. After the liberation of the country the petitioner company was nationalised under provisions of the Bangladesh Industrial Enterprises (Nationalisation) Order, 1972 and the management..

Category: Company Law | Date: | Hits: 213

Gulshan Ara Begum Vs. Moazzem Hossain Chowdhury and others, 1990, 19 CLC (HCD)

....h law as expeditiously as possible after giving due notices to the parties concerned Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 481. ......eir signatures on the summons. No summons were issued under registered post. From the above it appears that the fixing of ex parte hearing date on 29.1.87 by an order dated 30.9.86 is contrary to the provisions of Order 9 rule 6(c) of the Code of Civil Procedure which finds support from the case of ..

Category: Procedural Law | Date: | Hits: 68

Mir Amir Ali Vs. State, 1991, 20 CLC (HCD)

....uashed. It is hereby directed that the accused petitioner be discharged from his bail bond. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 250. ......lass Gazetted Officer of the People's Republic of Bangladesh and was illegally arrested under section 54 CrPC by the police and the District Anti‑Corruption Bureau has no authority either under the provisions of the Anti‑Corruption Act, 1957 or under any other law to secure to arrest except unde..

Category: Criminal Law | Date: | Hits: 104

A M A Wajedul Islam Vs. State, 1993, 22 CLC (HCD)

....ion No.329 (R) 1993 is accordingly disposed of and the connected Rule being Criminal Revision No.3521(R)/1991 for bail is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 243. ......ds of justice will be met if the appellant is sentenced to suffer simple imprisonment for 6(six) years apart from the sentence of fine. 19. Learned Advocate for the State has brought to our notice provisions of section 9 of the Criminal Law Amendment Act, 1958 (Act XL of 1958) and submitted that ..

Category: Criminal Law | Date: | Hits: 91

Government of Bangladesh and others Vs. Abul Hashem Khan, 2009, 38 CLC (AD)

.... is set aside. The case is, thus, dismissed. In the result, this appeal is, accordingly, allowed without any other as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 271.   .......C. Case within 6(six) months of the order impugned in the case. The learned Counsel further submitted that the respondent failed to file prayer for review within (three) months as required under the provisions of the Government Servants Discipline and Appeal) Rules, 1985 is not sustainable since th..

Category: Administrative Law | Date: | Hits: 160

Mustafizur Rahman Vs. State and others, 1992, 21 CLC (HCD)

....the petition for bail of the petitioner and we find no reason to grant the prayer for bail. In the result, the Rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 227. ......namely, Bangladesh Commerce and Investment Company Limited a 'no objection' certificate to the establishment of the said investment company in the private sector was issued stating that the following provisions must be incorporated in the Articles of Association and the procedure laid down in the sa..

Category: Criminal Law | Date: | Hits: 125

Bangladesh Vs. Md. Ishaque being dead his heirs Lakhaxmi Bibi and others, 1992, 21 CLC (HCD)

....r proceedings of Money Execution case No.24 of 1986 of the 3rd Court of Subordinate judge, Dhaka be stayed till 15th February, 1993. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 223. ......red by the Appellate Division in an appropriate case. Mr. Salehuzzaman further submits that the award is a nullity inasmuch as in determining the compensation the arbitrator had not complied with the provisions of section 7(e)(i) of the Emergency Requisition and Acquisition of Property Act and as su..

Category: Property Law | Date: | Hits: 76

Shahabuddin Vs. Abdul Gani Bhuiyan, 1989, 18 CLC (HCD)

....elates to sale of the salt and molasses and that of the learned Magistrate is restored. In the result, this Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 217. ......and molasses in the instant case are not subject to speedy or natural decay. On that count the direction of the learned Sessions Judge to sell those goods cannot stand in law. In order to attract the provisions of section 516A Cr.P.C. the Court must satisfy itself that the articles to be sold must b..

Category: Criminal Law | Date: | Hits: 64

Siddique (Md) Vs. State, 1992, 31 CLC (HCD)

....e Special Tribunal, the prayer for registering the appeal for hearing on merit is rejected. In the result, the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 214. ...... In the same case it was also held: "Ordinarily, therefore, when a statute does not expressly bar the application of this principle, the Courts shall presume that application is included in the provisions of that statute". 6. The above principle has been laid down in a case of civil nature ..

Category: Criminal Law | Date: | Hits: 68

Anwara Rashid and others Vs. Deputy Commissioner, Dhaka and others, 1992, 21 CLC (HCD)

.... the rules under judgment. In the result all the Rules are discharged without any order as to costs. Orders of stay stand vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 207. ......ated 28.11.91 under section 3 of the said Ordinance to acquire 24 decimals of land of the petitioner No.1 and 10 decimals of land of the petitioner No.2 for collateral purpose and in violation of the provisions of the said Ordinance and approval under section 5(1) thereof was given before issuing no..

Category: Property Law | Date: | Hits: 79

Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)

....s concerned in the case. In the result, the rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ......here is no difference under section 552 of the Code of Criminal Procedure, section 361 of the Penal Code and section 2(f) of the Act as to the age upto which a female child remains minor. Under these provisions of law a "female child remains minor till she completes her 16 years of age." In other wo..

Category: Criminal Law | Date: | Hits: 80

Abu Hossain and others Vs. Registrar of Trade Union and others, 1992, 21 CLC (HCD)

....lict with the equality clause of the Constitution, we find no substance in this application. In the result the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 192. ......n founded by the petitioners and 210 workers and workmen out of the workers and workmen employed under the Board, framed a constitution of the union and it was approved and the petitioners as per the provisions of section 5 of Industrial Relations Ordinance filed an application before the Registrar ..

Category: Labour and Industrial Law | Date: | Hits: 204