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Dulal and others Vs. State, 1990, 19 CLC (HCD)
.... them bail by order dated 23.7.90 up to 12.8.90. The petitioners preferred the present revisional application on 1.8.90 and they were allowed to continue on the same bail by order dated 5.8.90 at the time of issuing the rule with a direction to file an application for bail as the learned Magistrate ......s should be released on bail on furnishing fresh bail bond to the satisfaction of the Deputy Commissioner, Mymensingh within two (2) weeks. Ed. This Case is also Reported in: 43 DLR (1991) 321. ..Category: Criminal Law | Date: | Hits: 60
Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)
....te of the Supreme Court of Bangladesh. He has his own residential house at 44, Purana Paltan Road, Dhaka. He is also a senior Lecturer of the Law College, Dacca and previously he served as a part‑time lecturer of the Dacca University for about 10 years. He was elected twice as Member of the Dacc......,000.00 (Tk. five thousand) only as damages. In the result, the appeal is allowed. Since there is no appearance we do not award any costs. Ed. This Case is also Reported in: 43 DLR (1991) 314...Category: Civil Law | Date: | Hits: 89
Zulfiquar Ali Bhutto Vs. State, 1991, 20 CLC (HCD)
.... Bani' on 21st December, 1990 (Annexure‑A) disclosing that the petitioner was sending 5 pistols, 160 rounds of ammunition for distribution amongst certain persons of the locality for the use at the time of demonstration and taking out 'michil' etc. by the Jatiya Party as stated in the letter. The ......cussed above, the prayer for anticipatory bail is allowed for a period of one (1) month from date. This Rule is made absolute accordingly. Ed. This Case is also Reported in: 43 DLR (1991) 312...Category: Criminal Law | Date: | Hits: 61
Government of Bangladesh Vs. Abdul Wahid Sheikh (dead) his heirs & others, 1990, 19 CLC (HCD)
....nd then again reformed in situ. The river then receded further towards cast and more lands accreted to the reformed lands. The plaintiffs possess the reformed lands as well as the accreted lands. Sometime in 1963 they applied to the Additional Deputy Commissioner (Rev) for their recognition as tenan......gment delivered by the learned Subordinate Judge also abates. The appeal is, accordingly, disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 308. ..Category: Property Law | Date: | Hits: 77
Haque and Company Limited Vs. M/s. Western Soap Factory and others, 1990, 19 CLC (HCD)
.... is further stated that till August, 1987 there were only two different applications for the same trade mark 'Capri' for toilet soap before respondent No. 2. It is further stated that at the relevant time though the two applications for the self‑same purpose were pending before the respondent No. ......in favour of the respondent No. 1 is set aside and the Trade Mark Registry be rectified accordingly. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 304. ..Category: Intellectual Property Law | Date: | Hits: 219
Rustom Ali Vs. Jamila Khatun, 1990, 19 CLC (HCD)
....ect from the date of marriage for herself and the date of his birth for the son. The opposite party alleged that the petitioner had married her on 33.8.72 on a dower of Tk. 500.00 They lived for some time as husband and wife and then she gave birth to a son. Two months after the birth of the son, th......all be modified accordingly and all other reliefs granted by them shall remain undisturbed. The parties shall bear their respective costs. Ed. This Case is also Reported in: 43 DLR (1991) 301...Category: Family Law | Date: | Hits: 253
Captain Shamsul Alam Chowdhury Vs. Shirin Alam Chowdhury, 1991, 20 CLC (HCD)
....I of 1939). (b) for dower not exceeding five thousand taka. (3) An appeal under this section shall be preferred within thirty days of the passing of the judgment, decree or order excluding the time required for obtaining copies thereof: Provided that the Court of District Judge, May, for s......l made by the petitioner under section 17 of the Family Courts Ordinance on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 297...Category: Family Law | Date: | Hits: 230
AHM Kamaluddin another Vs. The State, 1989, 18 CLC (HCD)
....ke step for revival of the case if so desired is illegal and without jurisdiction, that if by operation of law the proceeding of the present Special Case stood stopped on 8.12.88, then the prescribed time for making application by the Government for revival of the case has already expired on 8.3.89,......the result, the application is summarily rejected. Let a copy of this judgment be sent to the Court of the Divisional Special Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (1991) 294. ..Category: Criminal Law | Date: | Hits: 63
Abdul Hakim and others Vs. The State, 1990, 19 CLC (HCD)
....Cr.P.C. provided that any Magistrate of the 1st class or of the second class specially empowered in this behalf may record any statement 6f confession made to him in course of investigation or at any time afterwards but before completion of the enquiry and the trial. Any such statement be recorded b......dingly discharged. The stay granted earlier is hereby vacated. The proceeding is to continue. Inform the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 291, 43 DLR (1991) 389. ..Category: Criminal Law | Date: | Hits: 74
....the police after investigation submitted a final report on 5‑3‑72 stating that the fact of the case was found to be true, that the plaintiff requested the insurance company over telephone several times to arrange for survey of the loss of the plaintiffs insured properties and ultimately by their...... insurance company over telephone several times to arrange for survey of the loss of the plaintiffs insured properties and ultimately by their letter dated 23.5.72 requested the insurance company for appointment of surveyor for assessment of plaintiffs loss, but the insurance company by their letter..
Category: Alternative Dispute Resolution | Date: | Hits: 170
....he learned Advocate submits that amendment of the pleading can be made at any stage of the suit provided such amendment does not prejudice the interest of the other party which it has got by lapse of time nor it would change the nature of suit. He argued that during the pendency of the suit the plai......tion. The rule is accordingly discharged without any order as to costs.
The order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 43 DLR (1991) 282...
Category: Property Law | Date: | Hits: 146
Abdur Rashid Vs. State, 1990, 19 CLC (HCD)
....ner then obtained the present Rule. 4. Mr. Syed Ziaul Karim, the learned Advocate for the petitioner first contended that as the Investigation by the police was not completed within the prescribed time limit, the accused persons were entitled to get an order of release under section 167(7) of the......fusing to refer the case under section 438 Cr.P.C. by the impugned order. We find no merit in the case. The Rule is, accordingly, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 279...Category: Criminal Law | Date: | Hits: 66
Birendra Nath Chakraborty Vs. Subal Chandra Biswas and others, 1981, 10 CLC (HCD)
....ed the case of Salimuddin Mondal Vs. Mohitosh Biswas, 14 DLR 796, in support of his contention. 8. The law as to what is and what is not partial pre‑emption has been dealt with exhaustively from time to time in various decisions of this Court. The uniform view is that the right to pre‑emption......istrict Judge is directed to dispose of the Misc. Appeal within one month of the arrival of the records after intimation arrival of the same. Ed. This Case is also Reported in: 43 DLR (1991) 276...Category: Property Law | Date: | Hits: 78
Dilip @ Siddiqur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....ny as 4 eye‑witnesses and 3 victims of the occurrence have most competently deposed about the entire manner of the occurrence. According 'to the learned counsel, the entire occurrence regarding the time, place and manner are practically undisputed and the entire defence plea was rather a minimisat......ants are affirmed. The appellants 3‑9 who are on bail are directed to surrender to their bail bond to serve out their remaining sentence. Ed. This Case is also Reported in: 43 DLR (1991) 269. ..Category: Criminal Law | Date: | Hits: 61
....ded,
"(aa) to pass a decree for specific performance of contract directing the defendants to execute and register the sale deed transferring the Suit properties in favour of the plaintiff within a time to be fixed by the Court and also to deliver possession of the suit properties to the plaintiff......formance of contract is dismissed.
There will, however, be no order as to costs. Let the lower Court's records be sent down immediately.
Ed.
This Case is also Reported in: 43 DLR (1991) 256.
..
Category: Property Law | Date: | Hits: 73
Mosharraf Hossain Mia Vs. Mosammat Hasina Begum and others, 1990, 19 CLC (HCD)
....The plaintiff afterwards filed two cases for violation of injunction namely Miscellaneous Case Nos. 33 of 1988 and 76 of 1988 against the defendants and the violation cases are pending. In the mean‑time, the plaintiffs filed a petition under section 94 of the Code of Civil Procedure for arrest of ......mpugned order of the learned Subordinate Judge is set aside. The learned Subordinate Judge should dispose of the suit as early as possible. Ed. This Case is also Reported in: 43 DLR (1991) 254. ..Category: Property Law | Date: | Hits: 85
State Vs. Kalu Bepari, 1990, 19 CLC (HCD)
....re on 18.1.86. He deposed that police produced the condemned prisoner for recording his confessional statement. He further said that he observed all the legal formalities, gave the condemned prisoner time to reflect and then recorded his confessional statement. He also said that he read over the sta......nviction of the condemned prisoner under section 302 of the Penal Code is upheld but the sentence of death is altered to life imprisonment. Ed. This Case is also Reported in: 43 DLR (1991) 249. ..Category: Criminal Law | Date: | Hits: 81
Shamsul Haque (Md.) Vs. The State, 1990, 19 CLC (HCD)
....t all maintainable. 5. Mr. Md. Abdul Majid, the learned Advocate appearing for the appellant‑petitioner, however, contends that if the Memo of Appeal cannot be entertained, the same being out of time by 38 days, this Court can treat this petition of appeal as a revisional application under sect......is, therefore, summarily rejected and consequently the petition of appeal in connection therewith is also rejected as barred by limitation. Ed. This Case is also Reported in: 43 DLR (1991) 247. ..Category: Criminal Law | Date: | Hits: 70
Marida Begum and others Vs. Moulavi Md. Hasan and others, 1989, 18 CLC (HCD)
....me. The sale was confirmed on 3.6.1961. The auction purchasers claimed that they took possession on 8.8.1961. The petitioners and their mother alleged that they came to know of the sale for the first time on 21.11.1962 when some auction purchasers asked them to vacate the house at Cox's Bazar. There....... The plaints of Title Suit Nos. 86 of 1973 and 94 of 1973 be rejected. The Rules are accordingly made absolute. I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 242...Category: Civil Law | Date: | Hits: 79
Sheikh MA Jabbar Vs. AKM Obaidul Huq and others, 1990, 19 CLC (HCD)
....ction 522 of the Code of Criminal Procedure passed in Case No. 792A/85 are twofold. Firstly, under the facts and circumstances of the case the order of restoration under section 522 was passed beyond time and without jurisdiction, Secondly, the order has been passed contrary to the provisions of sec......passed by the Metropolitan Magistrate in case No. 792A/95 is set aside. The Rule arising out of Criminal Revision No. 239/88 is discharged. Ed. This Case is also Reported in: 43 DLR (1991) 233. ..Category: Criminal Law | Date: | Hits: 59
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