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Md. Farid Hossain and others Vs. Md. Abul Hossain and another, 2009, 38 CLC (AD)

.... dif­ferent and distinguishable which has no manner of application. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 297. ...... 2002. (From the judgment and order dated the 12th day of August, 1999 passed by the High Court Division in Civil Revision No.1407 of 1991). Judgment Mohammad Fazlul Karim J. - The appeal by leave is directed against the judgment and order dated the 12th day of August, 1999 passed by the Hi..

Category: Property Law | Date: | Hits: 65

Salma Parveen Vs. Md. Amir Hossain and others, 2009, 38 CLC (AD)

....tance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 293. ...... 2002. (From the judgment and order dated the 23rd day of August, 2001 passed by the High Court Division in First Appeal No.115 of 1999). Judgment Mohammad Fazlul Karim J. - This Appeal, by leave, is directed against the judgment and order dated 23.08.2001 passed by the High Court Division..

Category: Property Law | Date: | Hits: 112

Meghna PET Industries Limited and another Vs. 2nd Court of Artha Rin Adalal and another, 2009, 38 CLC (AD)

....ivision, we do not find any merit in the appeals of the appellant and accordingly the appeal is dismissed with­out any order as to cost. Ed. This Case is also Reported in: VIII ADC (2011) 240. ......2008. (From the judgment and order dated the 21st day of August, 2007 passed by the High Court Division in Writ Petition No.7108 of 2007). Judgment Mohammad Fazlul Karim J. - This Appeal, by leave, is directed against the judgment and order dated 21.08.2007 passed by the High Court Division..

Category: Civil Law | Date: | Hits: 78

Kumudini Hospital Vs. Kumudini Hospital Karmachari Union & others., 1977, 6 CLC (HCD)

....4 and 625 of 1974 are made absolute and the Rule in Petition No. 306 of 1976 is hereby discharged. There will be no orders as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 655. ...... welfare of the people. 15. It is not necessary to consider the other two enactments, namely, the Shops and Establishment Act, 1965 because that law merely regulates the holidays, payment of wages leave, hours of work etc., and the Standing Orders Act, 1965 regulates the conditions of services of..

Category: Labour and Industrial Law | Date: | Hits: 123

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

....ion wherein it has been held that if a stranger builds on the land of another, although believing it to be his own, the owner is entitled to recover the land with the building on it, unless there are special circumstances amounting to a standing by so as to induce the belief that the owner intended ......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. ..

Category: Property Law | Date: | Hits: 110

Haji Md. Ishaque and others Vs. Rupali Bank, 1990, 19 CLC (HCD)

....uit and the Court below rightly rejected the plaint. In the result the appeal is dismissed with costs to the defendant respondent No. 1. Ed. This Case is also Reported in: 43 DLR (1991) 621. ...... pendency of the earlier suit the same were hit by doctrine of lis pendens under section 52 of the Transfer of Property Act and the plaintiffs having not impleaded themselves in the earlier suit with leave of the Court as assignees of the owner defendants the decree passed against their vendors cann..

Category: Procedural Law | Date: | Hits: 67

Mozammel (Md.) Huq Vs. State, 1990, 19 CLC (HCD)

....Court. The Special Tribunal shall have the liberty to cancel the bail‑ of the accused if and when he finds it necessary in course of trial. Ed. This Case is also Reported in: 43 DLR (1991) 614.......Court. The Special Tribunal shall have the liberty to cancel the bail‑ of the accused if and when he finds it necessary in course of trial. Ed. This Case is also Reported in: 43 DLR (1991) 614...

Category: Criminal Law | Date: | Hits: 52

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

....) 180 which had been quoted with approval in the decision under reference the Appellate Division of the Supreme Court held thus‑ "In matters of condonation of delay Government does not enjoy any special privilege but the fact remains that due to the necessity to obtain opinions of various autho......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...

Category: Limitation Law | Date: | Hits: 192

Abdus Samad Azad, MP & others Vs. Bangladesh, through Secretary, Ministry of Law and Justice and others, 1991, 20 CLC (HCD)

....atter be placed before the regular Bench on the re‑opening of the Court on 20th October, 1991 for hearing of the substantive application. Ed. This Case is also Reported in: 43 DLR (1991) 607. ......atter be placed before the regular Bench on the re‑opening of the Court on 20th October, 1991 for hearing of the substantive application. Ed. This Case is also Reported in: 43 DLR (1991) 607. ..

Category: Constitutional Law | Date: | Hits: 229

Nizamul Haque and Others Vs. Singa Bangla Garment Manu­facturing Company (Pvt) Ltd., 1990, 19 CLC (HCD)

....f the main petition under section 162 of the Companies Act. Sections 162 and 163 of the Companies Act runs as follows: "162. A Company may be wound up by the Court.‑ (i) if the company has by special resolution resolved that the company be wound up by the Court ; (ii) if default is made i......ain a stay order from the Appellate Court. The prayer is allowed and this judgment will come into operation just after two weeks from date. Ed. This Case is also Reported in: 43 DLR (1991) 603. ..

Category: Company Law | Date: | Hits: 190

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. ......facts as a package deal while dealing with the application for temporary injunction of the plaintiff petitioner as against defendant No. 5 opposite party No. 1 in respect of SAS plot No. 1638 only. I leave these matters for the consideration of the Court of review on proper fixation of the points fo..

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

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. ......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

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. ......nt and fine under the said Ordinance but is also a valid ground to refuse restitution of conjugal right to the husband and to allow maintenance to her in terms of the Nikanama as she was compelled to leave her husband's house on account of his cruelty. (See the case of Amir Md. Vs. Mst Bushra report..

Category: Family Law | Date: | Hits: 210

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

....ster in respect of the same goods or description of goods or which so nearly resembles such trade mark as to be likely to deceive or cause confusion. (2) In case of honest concurrent user of other special circumstances which, in the opinion of the Registrar, make it proper so to do he may permit ......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

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

.... the proceeding of the aforesaid Special Tribunal Case No. 2 of 1989 was quashed mainly on the ground that the learned Sessions Judge acted illegally and without jurisdiction in converting himself as special tribunal and suo moto taking cognizance of the case under the Special Powers Act while deali......he order of the learned Magistrate as the said order of the learned Magistrate is not under challenge in the application before us and we therefore restrain ourselves from deciding the point here and leave the same for determination in an appropriate case in future." 4. Then after about 7 months ..

Category: Criminal Law | Date: | Hits: 72

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

....he plaintiff of the appeal in the High Court Division against the decree can be treated as if no appeal had been filed against the decree in accordance with law. The discharge of the Rule has thus no special significance in the present context and its reference in the plaint by itself does not provi......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...

Category: Procedural Law | Date: | Hits: 86

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

....dvocate particularly in view of the fact that the agent was within the jurisdiction of the court where the suit was filed. 6. The application was filed by the Government in which, it is true, that specially no mention was made that there was an intention to delay or to defeat a decree, it passed,......e facts of that case which was filed by an agent against his foreign principal observed as follows: “When the ship said to be belonging to the defendant, which are foreign companies, is about to leave the port, where it has discharged some cargoes, in the normal course of its business, it is di..

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

State Vs. Md. Ali Kibria @ Shahzijahan and others, 1990, 19 CLC (HCD)

....e occasion to see the condemned prisoner Shahajahan once as he came to the house of the victims 7 days before the occurrence. So it is highly improbable that she would be able to retain in her memory special feature of identification of the condemned prisoner whom she saw once. Further she stated in......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

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

....ainment of a student being the sole function of the University, and any action taken prima facie in accordance with the rules and regulations, has little to be interfered by the dictum of the Court, especially under the Writ jurisdiction. What materials the Discipline Board could find against the pe......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.......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