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Afsar Ali Chowdhury and others Vs. The People's Republic of Bangladesh, 1990, 19 CLC (HCD)

....on being case No. 673 of 1983 under sections 409/420 of the Penal Code. The suit therefore with taking into consideration the delivery of the rice by the defendant, is not maintainable. It is further stated that the plaintiff has stated in paragraph No. 3 of the plaint that the cause of action arose...... with approval. We find no substance in this application which is thus, rejected summarily. The stay granted earlier is here by vacated. Ed. This Case is also Reported in: 43 DLR (1991) 593. ..

Category: Civil Law | Date: | Hits: 87

Afsar (Md.) Vs. Moulvibazar Pourashava and others, 1990, 19 CLC (HCD)

....Miscellaneous Case No. 89 of 1985 under Order XLVII of the Code of Civil Procedure and vacating the order of stay dated 12.5.78. 2. Facts relevant for the disposal of the above rule may briefly be stated as follows: The petitioner as plaintiff instituted Title Suit No. 304 of 1973 against the ......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. ..

Category: Trust/Waqf Law | Date: | Hits: 181

Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)

..... Gazi Abdul Mannan, AAG with Mr. Basharatul Moula, learned Advocates appeared for the State. 10. First of all we have been taken through the FIR, the depositions of the witnesses, the charge, the statements of the accused under section 342 of the Cr.P.C. and the other materials on record and the......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)

.... was started and the Additional Deputy Commissioner by his order dated 15.8.85 cancelled the lease of the plaintiffs. 3. The defendant No. 3, petitioner herein contested the suit by filing written statement. His case was that his father Idris Miah was the owner in possession of 32.50 acres of lan......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)

....s under section 156(8)(89) of the Customs Act and under section 25B of Special Powers Act to which they pleaded not guilty. 5. Prosecution examined 10 witnesses. PW 1 Atahar Ali Sk., the informant stated that on a secret information he accompanied by ASI Abdur Rashid and Md. Nurul Huq went to Kac......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. ..

Category: Fiscal/Taxation Law | Date: | Hits: 101

Bangladesh Vs. Dewan Obaidur Reza Chowdhury and Others, 1990, 19 CLC (HCD)

.... in possession of the land lying to the west of the same; that thereafter he reclaimed the entire disputed land and possessed it from the time of reclamation and that subsequently the Court of Wards Estate realised rent from the plaintiff by a certificate proceeding, as the management of the estate ......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

Rabindra Narayan Gope Vs. Nani Gopal Gope and other, 1990, 19 CLC (HCD)

....te suit is necessary as suggested by Mr. Karmaker. He has also invited my attention to several decisions in support of his contentions. 4. To answer the points mooted at the bar it is necessary to state the relevant facts of the case. The opposite parties and the petitioner who are full brothers ......ceed with the Execution Case No. 14 of 1981 according to law. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 540. ..

Category: Procedural Law | Date: | Hits: 81

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

....Works under No. 1294 in Class 34. 8. In the above back ground of this case the present application has been moved before this Court with a prayer for rectification of the register of Trade Mark as stated above. It is stated in the application that since 1954 the Sattar Match Works had been using ......mmitted by BCIC as well as by the Registrar of Trade Marks. He submits that these 2 industrial units belonged to the Bangladesh Mamufacturers and Industries limited and BCIC was actually managing the affairs of the company as well as of the 2 industrial units. So it was incumbent upon BCIC to get th..

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

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

.... the learned Upazila Magistrate, Dinajpur Sadar in Kotwali PS. case No. 9 dated 15.8.88 corresponding to GR case 149 of 1988 should not be quashed. 2. Facts giving rise to this Rule may briefly be stated as follows: One Naik Subedar Md. Majibar Rahman, BDR 23 Rifle Battalion, Dinajpur lodged Firs......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

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

....ccept the final report and discharge the accused‑petitioner under section 202(2B) of the Code, he is also competent to make an enquiry into the case so as to ascertain the truth or otherwise of the statements made in the FIR and also in the police report the offence complained of being triable exc......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...

Category: Criminal Law | Date: | Hits: 67

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

....ned Subordinate Judge. 4. Mr. Hafizullah, the learned Advocate appearing for the defendant respondents has, on the other hand, contended that in the application filed by the Government there is no statement to the effect that there was any intention on the part of the defendants to delay or to de......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)

....iminal Procedure for confirmation of the death sentence awarded to the condemned prisoner Shahjahan. Both appeals and reference arc disposed of by this judgment. 3. Prosecution case may briefly be stated thus: First Information Report was lodged by one Shafique Ahmed on 30.3.85 at 9 PM at Dhanmon......octor who held post mortem examination on the dead body of the victim found only 4 bullets, so this aspect of the case stands contradicted. The story as appears from confessional statement relates to affairs of victim's sister's marriage with the appellant. But none of the prosecution witness uttere..

Category: Criminal Law | Date: | Hits: 93

Adam Ali Bepari Vs. Abdur Rahman Dewan & others, 1991, 20 CLC (HCD)

.... purpose of lease and the document creating the lease are determinant factors as to whether the land is agricultural or non‑agricultural land. In that case in the document creating the lease it was stated that the lessee shall be at liberty to construct pucca building. On construction of the docum......I do not find any reason to interfere with the judgment and order impugned. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 510. ..

Category: Property Law | Date: | Hits: 95

Abdul Majid Vs. Akhil Chandra Sengupta and others, 1991, 20 CLC (HCD)

....s correct. For the aforesaid reasons the judgment cannot be sustained. In the result, the Rule is made absolute. No order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 506. ......s correct. For the aforesaid reasons the judgment cannot be sustained. In the result, the Rule is made absolute. No order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 506. ..

Category: Property Law | Date: | Hits: 97

Farzana Huq Vs. Bangladesh, 1990, 19 CLC (HCD)

....on it cannot be said that there was no proximate link between the two. 4. In Golam Hossain alias Gama Vs. Commissioner of Police, Calcutta and others, AIR 1974 (SO 1336, the Supreme Court of India stated the legal position on the point thus: "It is true that there must be a live link between t......t Narsingdi now detained in Dhaka Central Jail be set at liberty forthwith and to report compliance of the order to this Court within a week. Ed. This Case is also Reported in: 43 DLR (1991) 501...

Category: Constitutional Law | Date: | Hits: 287

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

....BCD(FI) 260/34 dated 12.1.87 Annexure "E" to the petition directing Respondent No. 1 not to allow any capital finance/working capital finance to petitioner‑company. The petitioners made categorical statements to that effect but those practically go unchallenged from the side of the respondents. In......uthorises Bangladesh Bank to issue directions to banking companies generally or to any banking company in particular "if it is satisfied that it is necessary in the public interest, or to prevent the affairs of any banking company being conducted in a manner detrimental to the interests of the depos..

Category: Company Law | Date: | Hits: 213

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

....functionary of the Accountant General (Civil) at the Upazila level and will be responsible to the Accountant General in carrying out all functions of the Upazila Accounts Officer. 4. It is further stated in the application that the school teachers drew the money as loan against their Provident Fu......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

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

....om them to meet up the cash shortage. But having failed to collect cash from them, he lost his mental balance and absconded. Thereafter he was arrested from Bogra and compelled to make a confessional statement under threat and torture and the same was neither voluntary nor true and he retracted the ......1 and a piece board box material Ext. III as per seizure list Ext 16 and key register Ext. 17, voucher of 17th, 18th and 19th Ext. 18 ka; and Kha file Ext. 19, cash‑cum‑day book Ext. 20 and daily affairs book Ext. 21 as per seizure list Ext. 22. P.W.12, Zillur Rahman, brother of appellant's wife..

Category: Criminal Law | Date: | Hits: 91

Aminuzzaman (Md.) Vs. People's Republic of Bangladesh, 1993, 22 CLC (HCD)

....s supplied to the detenu contain three grounds out of which ground Nos. 2 and 3 are vague and indefinite and no effective representation can be made touching those grounds. 8. In ground No.1 it is stated that the detenu used to maintain secret liaison with a foreign mission and he used to supply ......rea, PS Danmondi, Dhaka, now being detained in Dhaka Central Jail at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 242. ..

Category: Criminal Law | Date: | Hits: 85

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

....Association. The Certificate of Incorporation dated 27.1.86 and Certificate of Commencement of Business dated 27.1.86 are also printed in the Memorandum and Articles of Association. 5. It has been stated on behalf of the accused‑petitioner that after resigning from the National Bank Limited he ......iry. The said writ petition was heard at length by a Division Bench of this Court for 5 days and was rejected on June 18 1992 after hearing both the parties with the direction that the inquiry in the affairs of the BCI Limited is to continue and the function of BCI Limited as a bank is to remain sus..

Category: Criminal Law | Date: | Hits: 125