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Badsha (Md.) Miah and others Vs. Soleman Nessa Bibi and others, 1988, 17 CLC (HCD)
....urbed by the High Court Division in a second appeal even if it disagrees with that finding on its own view of the evidence although the concurrent finding of the lower Courts may appear to be grossly erroneous, unless, as laid down in sub‑section (c) of section 100 the error or defect discovered i...... not surrendered and at the same time, they (plaintiffs) acquired title in some of the lands on the basis of the kabala Ext. 4, become inconsistent. 13. The learned Subordinate Judge found that in view of section 3 of the East Bengal Transfer of Agricultural Land Act, 1951 (EB XXXIII of 1951), th..Category: Property Law | Date: | Hits: 70
Refazuddin Mondal Vs. Abdul Razzaque @ Rezaul Karim & others, 1989, 18 CLC (HCD)
.... for any interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 43 DLR (1991) 644.......wo issues were not finally heard and decided. It is further submitted that the issue relating to maintainability framed in the previous proceeding has not been framed in the present proceeding and in view of such circumstances the principle of res judicata cannot have any application in the present ..Category: Property Law | Date: | Hits: 68
Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)
.... Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ......he learned Additional Sessions Judge, Kishoreganj. 3. The prosecution case in short is, that on 6.1.82 Wednesday, at about 8‑00/8‑30 in the morning, PW 11 Somed came out from his house with a view to going to the field and while he was on the District Board Road, accused Hamid, Alfaz and Ser..Category: Criminal Law | Date: | Hits: 68
Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)
....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. ......Taher. Furthermore, the defendant‑appellant has not asserted in her evidence that she is in possession of the suit building or any portion thereof after she left the suit premises in July, 1980. In view of the above facts we are of the view that the plaintiff‑respondent is in possession of the s..Category: Property Law | Date: | Hits: 110
....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.
......o the petition being Ordinance No. XXXIII of 1991 has already been repeated by the Government and in support thereof the Gazette Notification dated 3rd October, 1991 was produced before the Court. In view of the changed situation Mr. Amirul Islam, the learned Counsel for petitioners abandoned his ar..
Category: Constitutional Law | Date: | Hits: 229
....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.
......ad filed an affidavit‑in reply denying the allegations as made out in the affidavit‑in‑opposition. On 15th March, 1989 this matter came up for consideration before the learned Company Judge. In view of the aforesaid affidavit‑in‑opposition submitted by the respondent company, the learned..
Category: Company Law | Date: | Hits: 190
Kutub Uddin Bhuiyan and others Vs. Sakhina Bibi and others, 1990, 19 CLC (HCD)
.... as proposed by the application under Order 6 rule 17 C.P.C. In the result, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 601.......e application for amendment sought if allowed it will change the nature and character of the suit as held by the learned Munsif and it will led to different proceedings. Mr. Khan also submits that in view of the decree made in Title Suit No. 5 of 1959 the application under Order 6 rule 17 is not mai..Category: Property Law | Date: | Hits: 92
Abdur Rahman Vs. Shahanara Begum, 1990, 19 CLC (HCD)
.... of the Code of Civil Procedure. He submitted that there is no provision in the Family Courts Ordinance to reject the plaint and the Court of appeal below rightly allowed the appeal and set aside the erroneous order of the Family Court rejecting the plaint. 6. Under section 6(2)(a) of the Family ......s to be continued by the plaintiff petitioner in the Court of the Subordinate Judge and that she is not entitled in law to file and maintain the suit in the Family Court for the self‑same relief in view of the provision of section 27 of the Ordinance. 5. Mr. Mozammel Hossain, learned Advocate f..Category: Civil Law | Date: | Hits: 106
Abul (Md.) Kashem & others Vs. Ashrafuzzaman, 1990, 19 CLC (HCD)
....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. ...... of further proceedings of the suit. Thus, it is apparent that the defendant petitioners have kept the part heard suit pending since 8.3.86 when PW 1 was examined and cross‑examined. 10. In that view of the matter we find that by the impugned order it cannot be said that the Court below committ..Category: Civil Law | Date: | Hits: 94
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. ......ty as under Article 27 means equality between citizens or persons of the same footing. A reasonable classification is never ultra vires of the equality clause. 13. There is also no warrant for the view that the moment the State does an act in trade or engages itself in trade or commerce or gives ..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. ...... aggrieved by the aforesaid judgment and order, the plaintiff‑petitioner filed an application under Order XLVII of the Code of Civil Procedure against the defendant No. 5/opposite party No. 1 for review of the said order of rejection of the learned Subordinate Judge and accordingly Miscellaneous c..Category: Trust/Waqf Law | Date: | Hits: 181
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. ...... for that the prosecution case should not be disbelieved. His last submission is that even if one witness of the prosecution is believed, then the conviction of the appellants should be maintained in view of section 134 of the Evidence Act. 12. Let us now consider the above submissions of the lea..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. ......r (Rev.) legally cancelled the lease inasmuch as the plaintiff opposite party No. 5 and the husband of the plaintiff opposite party No. 11 are not entitled to get lease of the Government khas land in view of the Government Circular dated 13.2.1963. From a plain reading of section 76 of the State Acq..Category: Property Law | Date: | Hits: 72
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. ......spire in me any confidence to hold that the saree, produced in the court is one of the sarees seized merely because there was the writing" Dimond Dorina, Prokash Print, Bombay" on the same. 19. In view of my discussion above, I hold that the appellants at least are entitled to benefit of doubt in..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. ......the above provision of law and the description of the suit land by boundaries wrongly held that the subject matter of the suit was not identifiable. The lower Appellate Court however took the correct view and rightly reversed the finding of the trial Court. Apart from that, the instant suit was a su..Category: Property Law | Date: | Hits: 101
Sadharan Bima Corporation Vs. Bangladesh Shipping Corporation & others, 1990, 19 CLC (HCD)
....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.......862 or that of 1865, but from the Colonial Courts of Admiralty Act (India) of 1891 and the Courts of Admiralty Act, 1861 of England. The later Act is not on our statute book but it is administered in view of the combined operation of sub‑section (2) of Section 2 of the Colonial Courts of Admiralty..Category: Admiralty Law or Maritime Law | Date: | Hits: 195
Rabindra Narayan Gope Vs. Nani Gopal Gope and other, 1990, 19 CLC (HCD)
....ceed with the Execution Case No. 14 of 1981 according to law. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 540. ...... as one of the decree‑holders got delivery of possession of the disputed building on the reasoning that no appeal lies from such order of the Executing Court. 2. Mr. SR Karmaker contends that in view of provision of section 47 C.P.C. the appeal being incompetent the impugned order of the appell..Category: Procedural Law | Date: | Hits: 81
Atash Ali and others Vs. Rebati Mohan Sarker and 3 others, 1990, 19 CLC (HCD)
....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. ......ng the order rejecting the petition for temporary injunction and fixing the same upon an application under section 151 was illegal in that a specific remedy is provided in Order 47 C.P.C. by way of review and also in Order 43 rule 1 (r) by way of appeal from the order of dismissal of the injunction ..Category: Civil Law | Date: | Hits: 93
....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.
...... and work in process of M/S Sattar Match Works and schedule B(B) of stores and spares of Sattar Match Works as verified by the inventory committee during the period from 31.3.78 to 10.6.78.
11. In view of the aforesaid affidavits and the papers as produced before this Court, Mr. Khandaker Mahbubu..
Category: Intellectual Property Law | Date: | Hits: 264
State Vs. Satya Narayan Sarada, 1991, 20 CLC (HCD)
....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....... Court that this police report includes either of the two i.e. the final report or the charge‑sheet. Therefore the Special Tribunal is not bound by the report of the police. It may have a different view on the report whether charge‑sheet or final report in consideration of the facts of the case ..Category: Criminal Law | Date: | Hits: 72
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