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....titution of 18th September, 1991 and the nomination papers were filed by the candidates in pursuance of the Act but relief was not sought for by the petitioners against the Act till considerably long time was allowed to pass after its enactment but only when the Ordinance was promulgated they rose u......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.
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Category: Constitutional Law | Date: | Hits: 229
.... alleged that inspite of repeated requests, reminders, claims, demands and even serving of legal notices twice, the respondent has been unable to pay his liability/debts to the petitioner and by this time the respondent has defaulted and failed to pay its admitted debts for long 16 months and 9 days......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.
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Category: Company Law | Date: | Hits: 190
Abdur Rahman Vs. Shahanara Begum, 1990, 19 CLC (HCD)
....18 DLR 37 referred to by the learned Advocate of the petitioner it has been held that the Court while rejecting a petition for permission to sue as a pauper may in its discretion allow the petitioner time to pay the requisite court fee and upon such payment the suit will be deemed to have been insti......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...Category: Civil Law | Date: | Hits: 106
Abul (Md.) Kashem & others Vs. Ashrafuzzaman, 1990, 19 CLC (HCD)
....land and showing the gross income to be Tk. 4,650.00 and cultivation cost and rent to be Tk. 1,250.00 and the net income to be Tk. 3,400.00 and the value of the suit land to be Tk. 51,000.00 being 15 times of the net annual income. 3. The contesting defendant petitioners have been contesting the......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. ..Category: Civil Law | Date: | Hits: 94
Afsar (Md.) Vs. Moulvibazar Pourashava and others, 1990, 19 CLC (HCD)
....of Small Causes, and who, from the discovery of new and important matter or evidence which, after the exercise of due diligence, was not within his knowledge or could not be produced by him at the time when the decree was passed or order made, or on account of some mistake or error apparent on th......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
Yakub (Md.) Ali Howlader Vs. Abdur Rab Munshi, 1990, 19 CLC (HCD)
....enging the same on the ground that the Returning Officer acted illegally in accepting the nomination paper of the petitioner since he had an outstanding loan with the Krishi Bank at Shariatpur at the time of the filing of the nomination paper and the filing of the said nomination paper was, therefor......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)
....rejudiced thereby, Nextly, it is contended by the learned Advocates for the appellants that the prosecution has miserably failed to establish the charges against the appellants vis-a‑vis the place, time and the manner of occurrence as alleged by the prosecution by cogent, reliable and sufficient e......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)
....found that ldris Miah did not furnish any particular about his pattan land in the objection case and in the written objection Ext. 7(A) in Title Suit No. 63 of 1976, the defendant No. 3 for the first time disclosed particulars of land of their settlement. It appears on the basis of an application fi......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)
....dge about seizure of the sarees. He also said that the chalan was not written in his presence. 11. PW 8 Mr. Faruquzzaman was the officer‑in‑charge of Siddhirganj Police Station at the relevant time. He stated that the CID Sub‑Inspector brought the truck to the Police Station loaded with Ind......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)
.... the gopat; that the plaintiff admitted the gopat and remained 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......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)
....rs Ltd. 34 DLR (AD) 110; Albert David (Bangladesh) Ltd. Vs. M/s. Nedlloyed Lijnel BV Rotterdam, 34 DLR 356; Kings Shipping Traders Vs. M/s. LS Line and others, 38 DLR 30; Batuit Vs. Hartley, 1872 Maritime Law Cases (QB), 337; Bengal Liner Ltd. Vs. Sadharan Bima Corporation and another, 1990 BLD, 105......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
Atash Ali and others Vs. Rebati Mohan Sarker and 3 others, 1990, 19 CLC (HCD)
....nent injunction against the defendants. After filing the suit the plaintiffs also filed a petition for temporary injunction. The defendants also filed written objection. The matter was adjourned from time to time. And ultimately on November 11, 1986 the petition was rejected which was followed by an......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
....ng under the same management also used the same trade mark "Cock" on its match boxes. The two factories under the same owners carried on their business under the name of "Sattar Match Works" for some time and thereafter the owners constituted themselves into a private limited company under the Compa......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)
....ty of Bangladeshi as well as Indian cloths including some Indian old sarees and medicine therein. The said goods were seized by them as per seizure lists and the opposite party was given a few hours' time to show valid papers if any for the said goods Tk. 48,53,368.00 but the opposite party failed 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
Nannu (Md.) Miah Vs. Mosammat Peer Banu Bibi & another, 1990, 19 CLC (HCD)
....self 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 that as it may, it is also in the plaint that the re......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
Motaleb @ Mutu and others Vs. State, 1990, 19 CLC (HCD)
....l Procedure. He further submitted that the learned Sessions Judge having been in seisin of the case as trial Court, he could not arrogate to himself the jurisdiction of a revisional Court at the same time and dispose of the petition filed before him under section 173(3B) of the Code under his revisi......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)
....e or any part of his property, or (b) is about to remove the whole or any part of his property from the local limits of the jurisdiction of the Court, the Court may direct the defendant, within a time to be fixed by it, either to furnish security, in such sum as may be specified in the order, to......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)
....ered his brother's son Kaoser Ahmed in order to facilitate the acquisition of the property of his brother Haji Muhibur Rahman, who was paralytic person lying in bed in an unconscious condition at the time of occurrence. The dead body of victim Kaoser Ahmed was produced before doctor Mojibur Rahman (......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)
....me manner and the same has got no rational basis and in that the impugned action has been taken mala fide. The learned Advocate also submits that there is no dispute that petitioners, at the relevant time, had been in the respective examination halls. No adverse report was issued against them by the......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
Abdul Majid Vs. Akhil Chandra Sengupta and others, 1991, 20 CLC (HCD)
....her from the date when the document is registered under section 60 of the Registration Act. In this case the document was registered on 17.11.1984 and the pre‑emption case was filed on 12.2.1985 in time. The Court, it seems to me, equally committed an error in holding that the petitioner is not ow......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
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