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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.......of some portion of the said as vested property and he is in possession of his leased out property. 5. The Court below on a careful consideration of the pleadings of the parties and the evidence on record decreed the suit vide judgment and order dated 30.8.89 and the decree was signed on 7.6.89 an......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
....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.
......anding dues was Tk. 7 lacs and odd out of which they paid Taka 5 lacs, even then there was outstanding of Taka 2 lacs and odd.
13. From the facts and circumstances of the case and the materials on record, it appears that though the respondent‑company paid part payment of the claims, it is unabl......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)
....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.......t. There was no illegality on the part of the Court of appeal below resulting in an error in the decision occasioning failure of justice in allowing the appeal. We have noticed from the lower Court's record that the defendant petitioner after service of summons entered appearance on 3.6.86 fixed for......he Court of appeal below resulting in an error in the decision occasioning failure of justice in allowing the appeal. We have noticed from the lower Court's record that the defendant petitioner after service of summons entered appearance on 3.6.86 fixed for ex‑parte disposal of the case and obtain..Category: Civil Law | Date: | Hits: 106
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. ...... 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. ...... that the moment the State does an act in trade or engages itself in trade or commerce or gives agricultural loan or distributes rice and food stuff through ration dealers or manages public transport service, it ceased to function as a State and loses the classified protection as under Article 149 o..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. ......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 the face of the record, or for any other sufficient reason, desires to obtain a review of the decree passed or order......SAS plot No. 1638 only. A show‑cause notice was however issued and the defendant No. 5 opposite party No. 1 was directed to maintain status quo till hearing of the temporary injunction matter. Upon service of the said show‑cause notice, the defendant No. 5 opposite party No.1 filed a written obj..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. ......e seconder is not genuine and under sub‑rule (4) of Rule 14 the Returning Officer shall endorse on each nomination paper his decision accepting or rejecting it, and shall, in the case of rejection, record a brief statement of the reason thereof. Under Rule 15 any candidate whose nomination has bee......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)
....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. ...... and for that he has falsely implicated them in this case including accused Abdul Hye who was a member of the Union Parishad. The learned Additional Sessions Judge in consideration of the evidence on record found the appellants guilty under sections 460/302/34 of the Penal Code and convicted and sen......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)
....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. ......fs on 15.8.85 is void, illegal and not binding on the plaintiffs. The case of the plaintiffs‑opposite parties was that the land in suit measuring 78.23 acres in plot No. 123 of Mouza Char Wapda was recorded in a block during Diara Survey in the names of the different persons on the basis of their ......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)
....or a further period of 1 year each. 2. Prosecution case, in nutshell, is that the informant Md. M6tahar Ali Sk. SI of Police, received a secret information on 22.8.85 that trucks carrying smuggled goods were coming from Chittagong and he went to Kachpur Bridge and was watching the movement of tru......nto Bangladesh and was carried by the truck in question by producing the sample saree in Court. Therefore, according to Mrs. Salina, the order of conviction and sentence was made on legal evidence on record and the same does not call for any interference by this Court. 15. Let me now proceed to c......e seizure of the goods. He denied the defence suggestions that he released the owners of the good's from the truck and arrested the appellants and filed a false case against them in order to save his service. 6. PW 2 Abdur Rashid corroborated the statements of PW 1 saying that on 22.8.85 he and N..Category: Fiscal/Taxation Law | Date: | Hits: 101
Bangladesh Vs. Dewan Obaidur Reza Chowdhury and Others, 1990, 19 CLC (HCD)
....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. ......ment operation, Tahsildar of the Government acquired Estate demanded illegal gratification from the plaintiff but he failed to meet such demand, as a result the employees of the settlement department recorded the entire suit land except 24 decimals (25 cents) in favour of defendant No. 1 and then in......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
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. ......ied in setting aside the judgment and decrees of the Family Court and in remanding the two suits to the Family Court for retrial. The Family Court on consideration of the pleadings and evidence on record came to the conclusions that the plaintiff petitioner was compelled to do domestic work in th......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
....te, submits that when the Sattar Match Works was sold and purchased by the petitioners, the petitioners purchased all assets and properties of Sattar Match Works including its trade name, trade mark, good will etc. and as such they are entitled to get this Trade Mark "Cock". In support of his conten......7.90 is accepted for consideration.
10. An affidavit‑in‑opposition has been filed on behalf of the Respondent No. 3, the Registrar of Trade Marks. He has annexed photo copies of certain office records vide annexures 1 and 1(a)‑1(g). The petitioner also filed an affidavit‑in‑reply to the......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)
....1‑30 AM and after search of his house and a tinshed attached to his house found huge quantity 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......nal report in the instant case and it could either accept the same and discharge the accused or direct further investigation of the case or take cognizance itself on consideration of the materials on record. But because of the order passed by the learned Magistrate the Special Tribunal had no opport......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)
....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....... the statements made in the plaint and not otherwise, whereas the plea of res judicata taken otherwise as a contested issue has to be considered on the totality of the evidence and other materials on record at the final hearing of the suit. In the instant case there has been an issue framed on the b......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)
....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.......harbahara party and he killed Shahabuddin. The learned Upazila Magistrate, Raipura on receipt of the charge‑sheet, discharged the petitioners against whom no charge sheet was submitted and sent the record of the case together with charge‑sheeted accused Jharu Meah to the Court of Sessions, Narsi......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)
....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. ......be gathered from the attending facts and circumstances of each case. The conclusions arrived at in this observation by their Lordships shall be applicable to the facts and circumstances of that case, record of which were before their Lordships and the presumptions that were drawn by their Lordships ......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....... is totally inadmissible in evidence in as much as it is tainted by torture, threat, intimidation and promise and as such it should be excluded from consideration. It is further submitted that before recording the confessional statement concerned magistrate omitted to mention to the confessioner i.e......tion. From her evidence it appears that she hails from Barisal and got appointment as maid servant in the house of Kaoser 15 days before the occurrence. She further admitted that during her tenure of service she had the occasion to see the condemned prisoner Shahajahan once as he came to the house o..Category: Criminal Law | Date: | Hits: 93
Adam Ali Bepari Vs. Abdur Rahman Dewan & others, 1991, 20 CLC (HCD)
....I do not find any reason to interfere with the judgment and order impugned. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 510. ......uous owner by purchase. The opposite‑party Nos. 1‑3 resisted the case on the ground that it was not maintainable under section 96 of the State Acquisition and Tenancy Act as the land was Bhiti as recorded in both CS and SA khatians. The trial Court allowed pre‑emption case. Against that judgme......I do not find any reason to interfere with the judgment and order impugned. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 510. ..Category: Property Law | Date: | Hits: 95
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....... which were available since March, 1986 till November, 1986. 7. In the instant case no material appears to have been placed from the side of the respondents making the same as a part of the Courts records for our scrutiny. The learned Deputy Attorney‑General, however, claims that there arc mate......with it allowed the detenu to go out of the jail gate, but before he could breathe free air, got him arrested and kept him confined in a police van until a fresh order of detention was made ready for service and then put him back to prison. The least can be said is that the detaining authority paid ..Category: Constitutional Law | Date: | Hits: 287
Mozammel Haque Vs. Uttara Bank, 1990, 19 CLC (HCD)
....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. ......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. ......ank Limited” which is absolutely formal in nature and which did not change in any way the nature and character of the suit and caused no prejudice to the defendant‑petitioner. 9. So far as the service of notice of the application for amendment of the plaint on the defendant‑petitioner is co..Category: Property Law | Date: | Hits: 90
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