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Abdur Rahman Vs. Shahanara Begum, 1990, 19 CLC (HCD)
....rnments as the Ordinance provides for speedy and summary disposal of the cases dispensing with the provisions of the Code of Civil Procedure. Ed. This Case is also Reported in: 43 DLR (1991) 599.......he Court of appeal below resulting in an error in the decision occasioning failure of justice in allowing the appeal. We have noticed from the lower Court's record that the defendant petitioner after service of summons entered appearance on 3.6.86 fixed for ex‑parte disposal of the case and obtain..Category: Civil Law | Date: | Hits: 106
Afsar Ali Chowdhury and others Vs. The People's Republic of Bangladesh, 1990, 19 CLC (HCD)
....s further submitted that Article 27 of the Constitution has provided that all citizens are equal before the law and entitled to equal protection of law, so no specific privilege can be offered to the Government in Civil litigation and thus 3 Years limitation in matters like this would be applicable,...... that the moment the State does an act in trade or engages itself in trade or commerce or gives agricultural loan or distributes rice and food stuff through ration dealers or manages public transport service, it ceased to function as a State and loses the classified protection as under Article 149 o..Category: Civil Law | Date: | Hits: 87
Afsar (Md.) Vs. Moulvibazar Pourashava and others, 1990, 19 CLC (HCD)
....this order with proper notice to both the sides. Let the records of the case along with a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 589. ......SAS plot No. 1638 only. A show‑cause notice was however issued and the defendant No. 5 opposite party No. 1 was directed to maintain status quo till hearing of the temporary injunction matter. Upon service of the said show‑cause notice, the defendant No. 5 opposite party No.1 filed a written obj..Category: Trust/Waqf Law | Date: | Hits: 181
Yakub (Md.) Ali Howlader Vs. Abdur Rab Munshi, 1990, 19 CLC (HCD)
....ter started functioning as the Chairman of the Upazila Parishad. 5. When that was the matter, Abdur Rab Munshi, the opposite party No. 1 filed an election petition under section 20(2) of the Local Government (Upazila Parishad and Upzila Administration Re‑Organisation) Ordinance, 1982 before the......accordance with law and be decided at an earlier date. Communicate this order at once. The stay al granted earlier is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 587. ..Category: Election Law | Date: | Hits: 156
Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)
....ed 29.9.94 was started under sections 460/302 of the Penal Code. 4. The police then visited the place of occurrence, made the inquest report on the dead body of the victim and sent the same to the Government Hospital at Netrokona for post‑mortem examination and report and also seized the alama......are acquitted of the charges levelled against them. Let the appellants be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 573. ..Category: Criminal Law | Date: | Hits: 82
Abdul Quader Chowdhury Vs. Sayedul Hoque & others, 1990, 19 CLC (HCD)
....ara Survey in the names of the different persons on the basis of their title and possession. The land of plot No. 123 is a reformed land and subsequently recorded in khatian No. 1 as khas land of the Government. The Government settled the said land measuring 78.23 to the different persons including ......s hereby affirmed. In the result, both these Rules are discharged. No order as to Cost. The connected stay orders are hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 568. ..Category: Property Law | Date: | Hits: 72
Amir Ali & others Vs. State, 1990, 19 CLC (HCD)
....sult, the appeal is allowed and the order of appellants shall be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 564. ......e seizure of the goods. He denied the defence suggestions that he released the owners of the good's from the truck and arrested the appellants and filed a false case against them in order to save his service. 6. PW 2 Abdur Rashid corroborated the statements of PW 1 saying that on 22.8.85 he and N..Category: Fiscal/Taxation Law | Date: | Hits: 101
Bangladesh Vs. Dewan Obaidur Reza Chowdhury and Others, 1990, 19 CLC (HCD)
....aintiff by a certificate proceeding, as the management of the estate of the ex‑landlord, defendant No. 1 was given to the Court of Wards; that during the last settlement operation, Tahsildar of the Government acquired Estate demanded illegal gratification from the plaintiff but he failed to meet s......are upheld. In the facts and circumstances of the case, there will be no order as to costs. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 43 DLR (1991) 551. ..Category: Property Law | Date: | Hits: 101
Hosne Ara Begum Vs. Alhaj Md. Rezaul Karim and others, 1990, 19 CLC (HCD)
....and ors, reported in 38 DLR (AD) 172. In the case of Sultan Ali Vs. Nur Hossain, reported in AIR 1949 Lah 131 in dealing with the question whether the Election Petition Tribunal constituted under the Government of India (Provincial Election) (Corrupt Practices and Election Petition) Order, 1936 was ......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. ..Category: Family Law | Date: | Hits: 210
....gladesh the Ujala Match Factory at Shyampur, Dhaka and Sattar Match Works at Lama, Chittagong Hill Tract as well as the Pakistan Manufacturers and Industries Limited were taken over and vested in the Government as abandoned property under the Presidential Order No. 16 of 1972. After taking over the ......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.
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Category: Intellectual Property Law | Date: | Hits: 264
State Vs. Satya Narayan Sarada, 1991, 20 CLC (HCD)
....er the order of discharge passed by the learned Magistrate, the Customs Authority held further enquiry and asked the opposite party to show cause why the seized goods should not be confiscated to the Government when the opposite party showed causes to the Customs Authority. There on examination of t......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...Category: Criminal Law | Date: | Hits: 72
Abul Kashem Vs. Mafiz Mia and others, 1991, 20 CLC (HCD)
.... resorted to corrupt practices in the election at Kadamtali Madrasha and Gangaprashad Primary School Centres and that the petitioner was a defaulter within the meaning of section 7(2)(g) of the Local Government (Union Parishad) Ordinance, 1983 and disqualified as such from becoming a candidate at th......mary School Centres. The impugned order of the learned District Judge is, accordingly, modified. The parties shall bear their own costs. Ed. This Case is also Reported in: 43 DLR (1991) 523. ..Category: Election Law | Date: | Hits: 139
Bangladesh Vs. Unimarine SA Panama and other, 1977, 6 CLC (HCD)
....r the Appellant. M. Hafizullah, Nurul Islam-For the Respondents. Appeal from Original Order No. 219 of 1977 with Civil Rule No. 639 (fm) of 1977. Judgment KM Subhan J.- This appeal by the Government is from the judgment and order dated 16.5.77 passed by the learned Subordinate Judge of t......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. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 240
State Vs. Md. Ali Kibria @ Shahzijahan and others, 1990, 19 CLC (HCD)
....side. The condemned prisoner Mohammad Ali Kibria alias Shahjahan is set at liberty forthwith if not wanted in connection With any other case. Ed. This Case is also Reported in: 43 DLR (1991) 512.......tion. From her evidence it appears that she hails from Barisal and got appointment as maid servant in the house of Kaoser 15 days before the occurrence. She further admitted that during her tenure of service she had the occasion to see the condemned prisoner Shahajahan once as he came to the house o..Category: Criminal Law | Date: | Hits: 93
Farzana Huq Vs. Bangladesh, 1990, 19 CLC (HCD)
....ses Referred to- Golam Hossain alias Gama Vs. Commissioner of Police, Calcutta and others, AIR 1974 (SC) 1336; Ship Ratan Makin; Vs. Union of India, AIR 1986 (SC) 610; Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 40 DLR (AD) 178; Government of East Pakistan Vs. Rowshan Bijaya......with it allowed the detenu to go out of the jail gate, but before he could breathe free air, got him arrested and kept him confined in a police van until a fresh order of detention was made ready for service and then put him back to prison. The least can be said is that the detaining authority paid ..Category: Constitutional Law | Date: | Hits: 287
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. ......ank Limited” which is absolutely formal in nature and which did not change in any way the nature and character of the suit and caused no prejudice to the defendant‑petitioner. 9. So far as the service of notice of the application for amendment of the plaint on the defendant‑petitioner is co..Category: Property Law | Date: | Hits: 90
Investment Corporation of Bangladesh Vs. Bata Shoe Company (Bangladesh) Ltd., 1990, 19 CLC (HCD)
....herewith. 3. In 1985, the respondent‑company issued a prospectus to the public at large for the public issue of its 14,25,000 ordinary shares of Tk. 10.00 each after obtaining the consent of the Government of Bangladesh under order dated 27.5.85 under the Capital Issues (Continuance of Control)......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. ..Category: Company Law | Date: | Hits: 208
Delta Jute Mills Limited and another Vs. Sonali Bank and others, 1990, 19 CLC (HCD)
....sented by the petitioners that the Promoters Agreement set down the basis of the association for the arrangements for financing the establishment of the jute mill from the funds made available by the Government of the United Kingdom (hereinafter called UK Credit) through the then Government of Pakis......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. ..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. ......summons for appearance of the substituted defendants. On 30.9.86 an order was passed fixing 29.1.87 for ex parte hearing. Process server has written names of two persons showing them as witnesses for service of summons. But the alleged two witnesses did not put their signatures on the summons. No su..Category: Procedural Law | Date: | Hits: 68
Mir Amir Ali Vs. State, 1991, 20 CLC (HCD)
....lementary affidavit having been sworn on 15.8.1991 was filed on behalf of the accused petitioner with the averment that a total sum of Tk. 1,33,68,700.00 which was taken as advance by the teachers of Government Primary Schools of Gobindaganj Upazila from their respective Provident Fund Account were ......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. ..Category: Criminal Law | Date: | Hits: 104
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