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Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)

....nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ......or the respondent, Ext. 1 is a licence and he has referred to section 52 of the Easements Act in support of his contention. Section 52 of the Easements Act defined a licence as follows: "Where one person grants to another or to a definite number of other persons, a right to do, or continue to do,..

Category: Property Law | Date: | Hits: 110

Bangla Jalpari Lines (Pvt) Ltd. Vs. Continental Grain Company (Canada) Ltd. and others, 1990, 19 CLC (HCD)

....nished there is no merit in these two revisional applications. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 617. ......nished there is no merit in these two revisional applications. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 617. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 186

Anu Bala Vs. Upazila Nirbahi Officer, Perojpur and Others, 1990, 19 CLC (HCD)

....ch we find no illegality to interfere in the Revisional jurisdiction of this Court. In the result, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 611.......years to the knowledge of all and had been maintaining the temple of her husband and pujas are offered there. Her two daughters had been married and they have children. At the instance of some greedy persons, defendant No. 1, namely, the Custodian of Vested Property, Perojpur, and UNO of Perojpur tr..

Category: Limitation Law | Date: | Hits: 192

Abul (Md.) Kashem & others Vs. Ashrafuzzaman, 1990, 19 CLC (HCD)

....of the case within three months of the receipt of the copy of this judgment. Let a copy of this order be transmitted to the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 596. ......vour of the litigant. Obviously the Court in that decision meant that where there is an ambiguity as to the meaning of the provision of taxation statute the same is to be interpreted in favour of the person who is liable to pay tax. In both the decisions referred to herein above the High Court Divis..

Category: Civil Law | Date: | Hits: 94

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

.... 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. ......public of Bangladesh. 10. We find no substance in that contention. Under the Constitution all citizens are equal before the law and have the right of equal protection under the law. The State is a person and Juristic person and as a modern welfare State it has more economic functions now a days t..

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. ......f the learned Advocates and examine the propriety of the impugned judgment and order passed in the case under Order XLVII rule 1 of the Code of Civil Procedure, which reads as follows: "1. (1) Any person considering himself aggrieved.‑ (a) by a decree or order from which an appeal is allowed, b..

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

Yakub (Md.) Ali Howlader Vs. Abdur Rab Munshi, 1990, 19 CLC (HCD)

....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. ......bdur Rab Munshi contested as candidate for the post of Chairman, Shariatpur Upazila Parishad in Shariatpur district held on 14th March, 1990. The petitioner and the opposite party No. 1 were only two persons who filed their nomination papers for contesting the said election. 18.2.90 was fixed for th..

Category: Election Law | Date: | Hits: 156

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

....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. ......ut 1 AM while he (the informant) was smoking 'Hukka' he heard alarm of the wife of his son Nur Mia and then came out of the hut with a three battery charged torch light in hand and saw by its focus 5 persons passing away by the eastern side of his hut with chewar, dao, knife in hands of whom he coul..

Category: Criminal Law | Date: | Hits: 82

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. ......re list was prepared. In cross‑examination he said that he did not remember the name of truck driver and the number of drums. He stated that a seizure list was made. The palm oils were given to one person but he did not remember his name. He also denied the defence suggestion that without arrestin..

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

Sadharan Bima Corporation Vs. Bangladesh Shipping Cor­poration & others, 1990, 19 CLC (HCD)

....interests of the parties in any manner whatsoever and the Court will be at liberty to decide the matter independently in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 548.......er of the ship is domiciled in Bangladesh. He submits that as the goods in question were carried in a vessel namely, MV Banglar Callol belonging to the defendant No.1 petitioner, a legal and juristic person in Bangladesh, a person who allegedly suffered damage or loss for the goods on board is incom..

Category: Admiralty Law or Maritime Law | Date: | Hits: 195

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

....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. ......faction of the decree, shall be determined by the Court executing the decree and not by a separate suit." Order 2 1, rule 15 reads: "(1) Where a decree has been passed jointly in favour of more persons than one, any one or more of such person may unless the decree imposes any condition to the ..

Category: Procedural Law | Date: | Hits: 81

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. ......(1) and (2) and section 24 of the Trade Marks Act, 1940 are quoted below: "46. Power to cancel or vary registration and to rectify the register.- (1) On application in the prescribed manner by any person aggrieved to a High Court or to the Registrar, the tribunal may make such order as it may thi..

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

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

....or of law. The impugned order is not liable to be interfered with, In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 526....... objection to the said amendment and yet she has herself assailed the self‑same decree in the later suit. This actually attracts the principle not of res judicata but of estoppel which means that a person shall not be allowed to say one thing at one time and the opposite of it at another time. Be ..

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....... Shahabuddin near his navel. Soon thereafter on the order of accused petitioner Barik, accused Mogal fired another shot from his rifle whereupon the informant party had dispersed and then the accused persons departed from the place of occurrence. Shahabuddin was found lying with bleeding injury and ..

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. ...... decision of any recognised court which has allowed immunity to foreign property in such elastic terms as Mr. Hafizullah wants us to apply. Immunity is available under the Public International Law to persons and properties of classified person and mentioned in the list which is usually filed by fore..

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.......ia that the informant received a telephone call at 4 PM from his uncle Nurur Rahman that at 41/4‑A, Jigatala in Dhaka City his distant cousin Kaoser son of Mahibur Rahman was killed by some unknown persons in his house. The informant rushed to the said house and found the dead body of the said Kaw..

Category: Criminal Law | Date: | Hits: 93

Enamul Huq (Md) & 2 others Vs. Syndicate, University of Dhaka, 1990, 19 CLC (HCD)

....he Writ Jurisdiction, with the impugned punishment given by the Syndicate. As a result, these three Writ Petitions are summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 507.......he Writ Jurisdiction, with the impugned punishment given by the Syndicate. As a result, these three Writ Petitions are summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 507...

Category: Others | Date: | Hits: 112

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

....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.......tention are no less serious than the consequences of a conviction on a criminal charge. In fact many a time when the law does not provide for a maximum period of detention they are more serious. If a person committed a prejudicial act" he would be sentenced to a term of imprisonment which may in som..

Category: Constitutional Law | Date: | Hits: 287

Nehal Uddin (Md.) and others Vs. Amena Khatun and others, 1990, 19 CLC (HCD)

....e. In the facts and circumstances of the case there will be no order as to costs. Let the lower Courts records be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 492.......e share of his vendor on partition. (3) A stranger purchaser from a co‑sharer who sold the property and the purchaser possessing it openly as of right without any attempt at concealment so that any person interested may know about his exclusive possession on the basis of his purchase, in such a ca..

Category: Property Law | Date: | Hits: 71

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. ......ade to partly finance the first phase of the company's programme of expansion including establishment of a new Footwear and a Tannery at Dhamrai, Dhaka, In response to the said prospectus hundreds of persons applied for shares of the respondent‑company and many successful applicants got allotment ..

Category: Company Law | Date: | Hits: 208