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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. ......n 115 read with section 151 of the Code of Civil Procedure and is directed against an order passed by the Election Tribunal Judge, Shariatpur rejecting the application filed by the petitioner praying for rejection of the Election Petition on the ground of maintainability in Election Tribunal Case No......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. ......itioner Vs. Abdur Rab Munshi..........................Opposite Party. Judgment November 18, 1990. Case Referred to- Rafiqul Alam Vs. Mostafa Kamal & others, 42 DLR (AD) 137. Lawyers Involved: Syed Azizul Huq with AY Masihuzzaman and Syed Moyeenul Huq Advocates ‑ For th..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. ......ions Case No. 93 of 1985 in the Court of the learned Additional Sessions Judge, Netrokona and at the conclusion of the trial they were convicted under the said charges and sentenced to transportation for life by the judgment and order dated 30.8.96 of the Additional Sessions Judge. 2. Being aggri......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. ......ers Vs. The State, 1962 PLD (Dacca) 205; Sabdar Ali Vs. The Crown, 5 DLR (FC) 107; Vadivelu Thevar Vs. The State of Madras and Chimmiah Servai Vs. The State of Madras, PLD 1957 (SC) (Ind.) 525. Lawyers Involved: Mozammel Huq Bhuiyan with Rabeya Bhuiyan and AMMM Rahim, Advocates ‑ For the ..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. ......989. Judgment AM Mahmudur Rahman J. - This Rule arises out of the judgment and decree of reversal passed by the learned District Judge, Noakhali. 2. The opposite parties Nos. 1 to 11 hereinbefore me instituted Title Suit No. 564 of 1985 for declaration that order passed by the defendant No.......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. ......ases Referred to- Sundar Vs. Hiru and others, 1936 Lah 138; Salyendra Kishore Roy Vs. Ramendra Kishore Roy, 7 BCR 227 (AD); Hazi Nurul Islam Vs. Serajul Islam and others, 4 BCR 1984 (AD) 401. Lawyers Involved: Ruhul Amin‑II with Golam Mohiuddin, Advocates ‑For the Petitioner. Ruhul..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. ......ahman J. - Appellant Md. Amir Ali and Md. Ismail have been convicted under section 156(8)(89) of the Customs Act, 1969 read with section 25B of the Special Powers Act, 1974 and sentenced to suffer RI for 4 years each and to pay a fine of Tk. 10,000.00 in default, to suffer RI for a further period of......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. ..........Appellants Vs. The State..........................................Respondent. Judgment January 31, 1990. Case Referred to- Abdul Hamid and another Vs. The State, 40 DLR 477. Lawyers Involved: Shaukal Ali Khan with Gour Gopal Shaha, Advocates ‑ For the Appellants. Sa..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. ...... Appeal No. 260 of 1967 reversing those dated 28.8.67 passed by the learned Munsif, Sunamgonj, Sylhet in Title Suit No. 43 of 1966. 2. The present respondent as plaintiff instituted the above suit for declaration of his title in the disputed land described in the second schedule of the plaint. Pl......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. ......541, 105; Khandakar Mohiuddin Vs. Syed Moin Ahmed, 28 DLR SC 85; Ajufannessa @ Aji Bibi and others Vs. Safar Miah and ors., 30 DLR (SC) 41; Md. Altafur Rahman Vs. Tamijur Rahman, 30 DLR (SC) 236. Lawyers Involved: Fazlul Huq, Assistant Attorney General ‑ For the Appellant. SK Sinha, Advo..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....... Suit No. 55 of 1985. Judgment Md. Mozammel Hoque J. - This is an application filed by the Defendant No. 1 petitioner under Order 7, rule 10 read with section 151 of the Code of Civil Procedure for return of the plaint to the plaintiff. 2. The plaintiff instituted the present suit on 24.11......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.......d. 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. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 195
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. ...... passed in Family Court Case No. 1 of 1988 filed by the wife petitioner and Family Court Case No. 1 of 1989 filed by the husband, opposite party No. 1 and remanding both the cases to the Family Court for trial. 2. The petitioner admittedly was married to the opposite party No. 1 on 10.4.82 on the......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. ......Amin Vs. District Judge, Bhola, 38 DLR (AD) 172; AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola and ors., 38 DLR (AD) 172, Sultan Ali Vs. Nur Hossain, AIR 1949 Lah 131. Lawyers Involved: M Fazlul Karim with Md. Omar Farook, Advocates ‑ For Petitioner (In both the ..Category: Family Law | Date: | Hits: 210
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. ......t of an order of the appellate Court made on March 17,1986 in Miscellaneous Appeal No. 254 of 1982 from an order of the executing Court dated April 22, 1982 gives rise to an important question of law for consideration. The question is whether the lower appellate Court was legally competent to direct......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. ......rs, AIR 1927 pat 288; Bans Rai Singh Vs. Krishna Chandra, AIR 1981 All 280; Valchand Gulabchand Shah Vs. Manekbai Hirachand Shah and others, 1953 Bom. 127; Moti Ram Vs. Nannu Prashad, 26 All 335. Lawyers Involved: SR Karmaker, Advocate ‑ For the Petitioner. Md. Nurul Huq with Shamim Khal..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. ......arties. Civil Revision No. 104 of 1987 Judgment AM Mahmudur Rahman J. - By this Rule the petitioners impugned the order of the Munsif, 2nd Court, Dhaka vacating an order rejecting a petition for injunction and restoring the same for hearing. 2. The plaintiffs filed Title Suit No. 33/1978......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. ......pposite Parties. Judgment April 19, 1990. Cases Referred to- Trading Corporation of Bangladesh and others Vs. Syed Sajeduzzman, 40 DLR (AD) 406; Rafiqul Islam Vs. A. Kalam, 42 DLR 19. Lawyers Involved: Abu Taher Chowdhury, Advocate ‑ For the Petitioners. Miah Abdul Gafur, Adv..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.
......ttorney‑General-For the Respondent No. 3.
Matter No. 44 of 1988.
Judgment
Md. Mozammel Hoque J. - This is an application under section 72 read with section 46 of the Trade Marks Act, 1940, for giving a direction to the Respondent No. 3, Registrar of Trade Marks to rectify the register by ......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.
......nd others...................................................Petitioners
Vs.
Bangladesh Chemical Industries Corporation and others.................Respondents.
Judgment
August 16, 1990.
Lawyers Involved:
Khandaker Mahbubuddin Ahmed with Mirza Hossain Haider, Advocates ‑For the Pet..
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....... GR case 149 of 1988 should not be quashed. 2. Facts giving rise to this Rule may briefly be stated as follows: One Naik Subedar Md. Majibar Rahman, BDR 23 Rifle Battalion, Dinajpur lodged First Information Report with the Kotwali PS Dinajpur on 15.8.88 alleging, inter alia, that on receipt of a ......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....... Bhuiyan Vs. Special Tribunal, 39 DLR 124; Nuru Bepari Vs. The State, 31 DLR 241; Abdul Huq & others Vs. The State, 29 DLR 427; 30 DLR (SC) 58; 31 DLR (SC) 69; 15 DLR (SC) 150; 28 DLR (SC) 38. Lawyers Involved: M Shamsul Alam, Deputy Attorney‑General with Md. Hefzu Bari, Advocate ‑ For..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.......1975 in the 1st Court of Subordinate Judge, Dhaka against petitioner Md. Nannu Meah in respect of some landed properties claiming 8 annas share therein. The suit was decreed on contest in preliminary form on 24.3.78 and final decree was passed on 30.11.78 on receipt of the Advocate Commissioner’s ......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....... Mosammat Peer Banu Bibi & another......Opposite Parties. Judgment July 17, 1990. Cases Referred to- AIR 1936 (Sind) 99; AIR 1941 Cal. 401 (404); 35 DLR 217; PLD 1969 Dhaka 930. Lawyers Involved: Nurullah with AQM Shafiullah, Advocates ‑ For the Petitioner. Meah Abdul G..Category: Procedural Law | Date: | Hits: 86
Abul Kashem Vs. Mafiz Mia and others, 1991, 20 CLC (HCD)
....mary School Centres. The impugned order of the learned District Judge is, accordingly, modified. The parties shall bear their own costs. Ed. This Case is also Reported in: 43 DLR (1991) 523. ......tion Tribunal Case No. 5 of 1988. 2. The material fact giving rise to this rule are that at the last Union Parishad election held in 1988 the petitioner, opposite party No. 1 and another contested for the office of Chairman of No. 10 Daudkandi (North) Union Parishad. There were 4 (four) polling c......mary School Centres. The impugned order of the learned District Judge is, accordingly, modified. The parties shall bear their own costs. Ed. This Case is also Reported in: 43 DLR (1991) 523. ......risdiction) Present: Bimalendu Bikash Roy Chowdhury J Abul Kashem.....................Petitioner Vs. Mafiz Mia and others...........Opposite Parties. Judgment April 4, 1991. Lawyers Involved: Khandaker Mahabubuddin Ahmed with Md. Faruque and Mirza Hossain Haider, Advocat..Category: Election Law | Date: | Hits: 139
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.......the Rule are as follows: One Abdur Rahman lodged an FIR at Raipura Police Station against the petitioners whereupon Raipura PS Case No. 10(3)/86 was started. It was alleged in the FIR that on an information, Shahabuddin, father of the informant, and the accused petitioner attended a Darbar for th......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....... The State.........................................Opposite Party. Judgment June 5, 1990. Cases Referred to- Khorshed Alam Vs. State, 35 DLR 401; Abdur Razzaque Vs. State, 35 DLR 103. Lawyers Involved: Jamiruddin Ahmed, Advocate ‑ For the Petitioner. AKM Shamsul Karim, Assist..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. ......d order dated 16.5.77 passed by the learned Subordinate Judge of the 3rd Court, Chittagong, in Money Suit No. 42 of 1977. 2. The Government, a plaintiff, filed a money suit against the defendants, for recovery of Tk. 1,01,47,500.00 for damage caused to 5109 metric tons of wheat, carried by defend......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. ....... Unimarine SA Panama and other………Respondents Judgment June 16, 1977. Case Referred to- M/s. United Venture Navigation Co. Ltd. Vs. Samudrajatra Shipping Lines, 28 DLR 231. Lawyers Involved: Sultan Ahmed, Deputy Advocate-General AM Mahmudue Rahman, Assistant Attorney Ge..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....... of 1987. Jail Appeal No. 526 of 1986. Judgment Syed Fazle Ahmed J. - Condemned Prisoner Mohammad Ali Kibria alias Shahjahan along with Meherunnessa and Md. Yusuf Ali wore placed on trial before the Additional Sessions Judge, 3rd Court, Dhaka in Session case No. 9 of 1986 to answer a charg......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..........Appellant Vs. The State......................................................Respondent. Judgment March 6, 1990. Case Referred to- Waris and others Vs. The State, 1982 Pak. Crl. Law Journal 720. Lawyers Involved: Md. Moazzem Hossain, Deputy Attorney General with Md. Enamu..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. ......oner against the judgment and order of reversal passed by the learned Subordinate Judge on appeal dismissing the pre‑emption case which was allowed by the learned Munsif. 2. The point that falls for determination by this Court in this case is whether the lower appellate Court committed an error......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. ......r Ali and others Vs. Zahiruddin Kari and others, 30 DLR (SC) 81; Kamini Sundari Majhi Vs. Meseruddin Sheikh and others, PLR 1960 Dac. 1018; Forman Ali Howlader Vs. Helaluddin Pashari, 20 DLR 1197. Lawyers Involved: Fazlul Karim, Advocate ‑ For the Petitioner. NK Shaha, Advocate ‑ For th..Category: Property Law | Date: | Hits: 95
Enamul Huq (Md) & 2 others Vs. Syndicate, University of Dhaka, 1990, 19 CLC (HCD)
....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.......Dhaka and others............................................................Respondents (In all the Writ Petitions). Judgment May 28, 1990. Cases Referred to- Patel Vs. University of Bradford, (1978) 3 All ER 841. Lawyers Involved: Khan Saifur Rahman, with SM Rezaul Karim, Advocat......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.....................................................Respondents (In all the Writ Petitions). Judgment May 28, 1990. Cases Referred to- Patel Vs. University of Bradford, (1978) 3 All ER 841. Lawyers Involved: Khan Saifur Rahman, with SM Rezaul Karim, Advocates ‑For the Petitioners. ..Category: Others | Date: | Hits: 112
Abdul Majid Vs. Akhil Chandra Sengupta and others, 1991, 20 CLC (HCD)
....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. ......etrakona made in Miscellaneous Appeal No. 63 of 1985 arising out of the judgment and decree dated 17.11.85 passed by the learned Munsif in Pre‑emption Case No. 3 of 1985. 2. The learned Advocate for the petitioner urges that the Courts below committed an error in law in its decision in holding ......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. ......an J Abdul Majid.....................................................Petitioner Vs. Akhil Chandra Sengupta and others....................Opposite Parties. Judgment January 28, 1991. Lawyers Involved: Rafiqur Rahman with Serajur Rahman, Advocates ‑For the Petitioner. SC Das,..Category: Property Law | Date: | Hits: 97
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....... of 1990. Judgment Bimalendu Bikash Roy Chowdhury J. - In this Rule under Article 102(2)(b)(i) of the Constitution of the People's Republic of Bangladesh, the petitioner, Farzana Huq has sought for an order for release of her husband, Sanaul Haq Niru, son of Shamsuddin Ahmed of village Kirtibu......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....... Bangladesh and others, 40 DLR (AD) 178; Government of East Pakistan Vs. Rowshan Bijaya Shaukat Ali Khan 18 DLR (SC) 214; Abdul Latif Mirza Vs. Government of Bangladesh & others 31 DLR (AD) 1. Lawyers Involved: Julmat Ali Khan with Rafiqul Islam Mia, AK Muzibur Rahman, Fariquddin Ahmed, Ab..Category: Constitutional Law | Date: | Hits: 287
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