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Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)
....s contemplated by this section lies squarely on the prosecution. It is obligatory on the part of prosecution to prove affirmatively that maker of the report is dead, or that he cannot be found within Bangladesh or that he cannot be called and produced as a witness without unreasonable delay or expen......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. ......ions Case No. 93 of 1985 in the Court of the learned Additional Sessions Judge, Netrokona and at the conclusion of the trial they were convicted under the said charges and sentenced to transportation for life by the judgment and order dated 30.8.96 of the Additional Sessions Judge. 2. Being aggri......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
Amir Ali & others Vs. State, 1990, 19 CLC (HCD)
.... the sarees. He admitted that during investigation the sarees were not sent for opinion of the expert. He denied the defence suggestion that those sarees were stolen goods and that those were made in Bangladesh and that the same with truck were taken to the police station as a result of the quarrel ......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. ......ahman J. - Appellant Md. Amir Ali and Md. Ismail have been convicted under section 156(8)(89) of the Customs Act, 1969 read with section 25B of the Special Powers Act, 1974 and sentenced to suffer RI for 4 years each and to pay a fine of Tk. 10,000.00 in default, to suffer RI for a further period of......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)
.... Courts records immediately. Ed. This Case is also Reported in: 43 DLR (1991) 551. ......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. ...... Appeal No. 260 of 1967 reversing those dated 28.8.67 passed by the learned Munsif, Sunamgonj, Sylhet in Title Suit No. 43 of 1966. 2. The present respondent as plaintiff instituted the above suit for declaration of his title in the disputed land described in the second schedule of the plaint. Pl......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
Sadharan Bima Corporation Vs. Bangladesh Shipping Corporation & others, 1990, 19 CLC (HCD)
....R (1991) 548.......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....... Suit No. 55 of 1985. Judgment Md. Mozammel Hoque J. - This is an application filed by the Defendant No. 1 petitioner under Order 7, rule 10 read with section 151 of the Code of Civil Procedure for return of the plaint to the plaintiff. 2. The plaintiff instituted the present suit on 24.11......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...Category: Admiralty Law or Maritime Law | Date: | Hits: 195
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. ......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. ...... passed in Family Court Case No. 1 of 1988 filed by the wife petitioner and Family Court Case No. 1 of 1989 filed by the husband, opposite party No. 1 and remanding both the cases to the Family Court for trial. 2. The petitioner admittedly was married to the opposite party No. 1 on 10.4.82 on the......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
Atash Ali and others Vs. Rebati Mohan Sarker and 3 others, 1990, 19 CLC (HCD)
....d others..............................Petitioners Vs. Rebati Mohan Sarker and 3 others..........Opposite Parties. Judgment April 19, 1990. Cases Referred to- Trading Corporation of Bangladesh and others Vs. Syed Sajeduzzman, 40 DLR (AD) 406; Rafiqul Islam Vs. A. Kalam, 42 DLR 19. ......t; the Rule is discharged. The learned Munsif is directed to proceed with the case in accordance with the case in accordance with the law. Ed. This Case is also Reported in: 43 DLR (1991) 539. ......arties. Civil Revision No. 104 of 1987 Judgment AM Mahmudur Rahman J. - By this Rule the petitioners impugned the order of the Munsif, 2nd Court, Dhaka vacating an order rejecting a petition for injunction and restoring the same for hearing. 2. The plaintiffs filed Title Suit No. 33/1978......t; the Rule is discharged. The learned Munsif is directed to proceed with the case in accordance with the case in accordance with the law. Ed. This Case is also Reported in: 43 DLR (1991) 539. ..Category: Civil Law | Date: | Hits: 93
....
High Court Division
(Special Original Jurisdiction)
Present:
Md. Mozammel Hoque J
Sattar Match Works and others...................................................Petitioners
Vs.
Bangladesh Chemical Industries Corporation and others.................Respondents.
Judgment
Au......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.
......ttorney‑General-For the Respondent No. 3.
Matter No. 44 of 1988.
Judgment
Md. Mozammel Hoque J. - This is an application under section 72 read with section 46 of the Trade Marks Act, 1940, for giving a direction to the Respondent No. 3, Registrar of Trade Marks to rectify the register by ......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.
..
Category: Intellectual Property Law | Date: | Hits: 264
Abul Kashem Vs. Mafiz Mia and others, 1991, 20 CLC (HCD)
....hool. After the election the petitioner was declared to have returned having secured 4429 votes. Opposite party No. 2 polled the 2nd highest number of votes i.e. 3604. The result was published in the Bangladesh Gazette on 3.7.1988. Opposite party No. 1 thereafter presented an election petition marke......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. ......tion Tribunal Case No. 5 of 1988. 2. The material fact giving rise to this rule are that at the last Union Parishad election held in 1988 the petitioner, opposite party No. 1 and another contested for the office of Chairman of No. 10 Daudkandi (North) Union Parishad. There were 4 (four) polling c......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)
.... Reported in: 29 DLR (1977) 252. ......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. ......d order dated 16.5.77 passed by the learned Subordinate Judge of the 3rd Court, Chittagong, in Money Suit No. 42 of 1977. 2. The Government, a plaintiff, filed a money suit against the defendants, for recovery of Tk. 1,01,47,500.00 for damage caused to 5109 metric tons of wheat, carried by defend......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.......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....... of 1987. Jail Appeal No. 526 of 1986. Judgment Syed Fazle Ahmed J. - Condemned Prisoner Mohammad Ali Kibria alias Shahjahan along with Meherunnessa and Md. Yusuf Ali wore placed on trial before the Additional Sessions Judge, 3rd Court, Dhaka in Session case No. 9 of 1986 to answer a charg......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...Category: Criminal Law | Date: | Hits: 93
Farzana Huq Vs. Bangladesh, 1990, 19 CLC (HCD)
....High Court Division (Special Original Jurisdiction) Present: Bimalendu Bikash Roy Chowdhury J Naimuddin Ahmed J Farzana Huq.........................................Petitioner Vs. Bangladesh represented by the Assistant Secretary, Ministry of Home Affairs and others.....Responden......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....... of 1990. Judgment Bimalendu Bikash Roy Chowdhury J. - In this Rule under Article 102(2)(b)(i) of the Constitution of the People's Republic of Bangladesh, the petitioner, Farzana Huq has sought for an order for release of her husband, Sanaul Haq Niru, son of Shamsuddin Ahmed of village Kirtibu......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
Mozammel Haque Vs. Uttara Bank, 1990, 19 CLC (HCD)
....ra 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 of 1983), that in......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. ....... 18 and 20 dated 28.8.84 and 2.9.84 respectively passed by the Commercial Court No. 1 in Title Suit No. 29 of 1984 should not be set aside. 2. The plaintiff‑opposite party filed a mortgage suit for recovery of Tk. 668118/‑ from the defendant‑petitioner on the allegations, inter aila, that ......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. ..Category: Property Law | Date: | Hits: 90
Investment Corporation of Bangladesh Vs. Bata Shoe Company (Bangladesh) Ltd., 1990, 19 CLC (HCD)
....ay. Ed. This Case is also Reported in: 43 DLR (1991) 487. ......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. ......For the Petitioner. Sk. Abul Hossain, Advocate-For the Respondent. Matter No. 48 of 1988 Judgment Md. Mozammel Hoque J. -This is an application under section 38 of the Companies Act, 1913 for an order directing the respondent‑company for the rectification of the Share Register of the M......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)
....al Islam ‑ For the Respondent No. 2. Writ Petition No. 287 of 1987. Judgment Bimalendu Bikash Roy Choudhury J. - This Rule under Article 102 of the Constitution of the People's Republic of Bangladesh was issued calling upon the respondents (1) Sonali Bank, (2) Bangladesh Shilpa Bank (3) B......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. ......fter referred to as the IDBP) established a jute mill at Chowmohani in the district of Noakhali under Promoters Agreements dated 25.6.63 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 petit......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
Mir Amir Ali Vs. State, 1991, 20 CLC (HCD)
....al Procedure and hence the District Anti Corruption Bureau had no authority to proceed with the investigation. (v) That the petitioner is First Class Gazetted Officer of the People's Republic of Bangladesh and was illegally arrested under section 54 CrPC by the police and the District Anti‑Co......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. ......Police Station under section 409 of the Penal Code by the Upazila Nirbahi Officer, Gobindaganj Upazila through Deputy Commissioner, Gaibandha which was sent to the District Anti Corruption Bureau for investigation by the Gobindaganj police. The facts of the case as narrated in the FIR in short, ......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)
....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. ......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. ......in Special Case No.1 of 1987 convicting the appellant under section 409 of the Penal Code read with section 5(2) of Prevention of Corruption Act (II of 1947) and sentencing him to suffer imprisonment for life and to pay a fine of Tk. 5000.00, in default, to suffer rigorous imprisonment for six month......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. ..Category: Criminal Law | Date: | Hits: 91
Aminuzzaman (Md.) Vs. People's Republic of Bangladesh, 1993, 22 CLC (HCD)
....t Division (Special Original Jurisdiction) Present: Md. Abdul Jalil J Mohammad Fazlul Karim J Aminuzzaman (Md.)………………………….Petitioner Vs. People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka an......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. ......in Dhaka Central Jail. The detenu was put in detention in pursuance of an order dated 29.1.93 passed by the District Magistrate, Dhaka under section 3(2) of the Special Powers Act, 1974 detaining him for 30 days. 2. The said order of detention was approved by the Government by an order dated 10.2......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
Sk. Shahadat Ali and others Vs. Deputy Commissioner, Khulna and others, 1992, 21 CLC (HCD)
....nd 62/194950 of the Office of the Collector, Khulna. Since then the petitioners and others had been paying rent regularly to the then Government of East Pakistan and thereafter to the Government of Bangladesh. The petitioners and other refugees raised their homes and hearth on their respective set......without any order as to costs. It is directed that the petitioners be restored to full physical possession of their land in question. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 237. ......4. Writ Petition No. 453 of 1986. Judgment Mainur Reza Chowdhury J.- This Rule Nisi under Article 102 of the Constitution was issued calling upon the respondents to show cause as to why the forcible eviction of the petitioners from 0.29 acres of land recorded in SA Khatian Nos. 1913, 1992,......without any order as to costs. It is directed that the petitioners be restored to full physical possession of their land in question. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 237. ..Category: Property Law | Date: | Hits: 138
Government of Bangladesh and others Vs. Abul Hashem Khan, 2009, 38 CLC (AD)
....in: VIII ADC (2011) 271. ...... 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. ......ribunal in Administrative Tribunal Case No.59 of 1996 allowing-in-part. 2. The facts involved in the ease, in short, are that the respondent instituted Administrative Tribunal Case No.59 of 1996 before the Administrative Tribunal, Dhaka stating, inter alia, that he joined on 2.10.1977 as a Deputy...... 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. ..Category: Administrative Law | Date: | Hits: 160
Virginia Tobacco Co. Ltd. and others Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
....rder upon the petitioner to pay wages and arrears to them since October, 1984 on the allegations, inter alia, that the petitioner 1 is a cigarette producing Industry of various kinds. On emergence of Bangladesh it was declared as abandoned under PO 16 of 1972 and was placed under Sector Corporation.......t the order No.8 dated 21.11.1985 has been made without any lawful authority. In the result, we make this Rule absolute. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 233. ......ase No.6 of 1985 under section 34 of the Industrial Relations Ordinance, 1969, hereinafter shall be referred to as the Ordinance, in the Court of Respondent No.1, the Chairman, Labour Court, Rajshahi for declaration that the lay‑off notice of the petitioner 1 dated 10.1.85 was illegal and for an o......t the order No.8 dated 21.11.1985 has been made without any lawful authority. In the result, we make this Rule absolute. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 233. ..Category: Labour and Industrial Law | Date: | Hits: 129
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