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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.......that the petition in a pauper case is the plaint of the suit and as such the case was 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 prov..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. ......ntiffs were entitled to value the relief on the basis which was beneficial to them and they had described the value accordingly. In that decision it was further held that the Court Fees Act, a fiscal law, should be interpreted in favour of the litigant. Obviously the Court in that decision meant tha..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. ......ved before this court. 5. Mr. Jamiruddin Sircar, the learned Counsel who moved this application submitted that the application under Order 7 rule 11 was rejected by the Court on a misconception of law and therefore, the said need be set aside. In elaborating this point the learned Advocate submit..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. ...... Advocate for the plaintiff petitioner seriously assails the impugned judgment and order of the learned Subordinate Judge and submits that the learned Subordinate Judge has committed serious error of law in disallowing the Misc. Case by the impugned order without applying his judicial mind to the fa..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. ...... further seen that the Returning Officer after scrutiny shall, if rejecting a nomination paper, give reasons for doing so but in case of acceptance no such reasoning need to be given but the relevant law also does not make that acceptance to be final as in case of rejection, when finality attaining ..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. ......me and the manner of occurrence as alleged by the prosecution by cogent, reliable and sufficient evidence and as such the impugned judgment and order of conviction and sentence cannot be sustained in law and also on facts. Thereafter, it is contended on behalf of the appellants that their conviction..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. ......earing for the opposite parties contends that the written statement being a public document within the meaning of section 74 of the Evidence Act the learned District Judge did not commit any error of law in putting reliance upon Ext. 7. I find force in the contention of Mr. Ruhul Amin. The learned A..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. ...... second contention of Mr. Khan is that the prosecution failed to discharge its onus in proving that the sarees were of Indian origin and the import of the same was prohibited and restricted under any law and the same were smuggled into Bangladesh and carried in the truck by the appellants knowing th..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. ......urts below and also the evidence and other materials on record. The learned Assistant Attorney‑General on behalf of the appellant firstly contended that the lower appellate Court committed error of law in not holding that the suit suffers from vagueness of the description of the suit land about wh..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....... aforesaid decision the four learned Judges were unanimous and all concurred the views as expressed by Blackburn, J. which are as follows: "I am of the same opinion. The general rule of the common law was that where necessaries were supplied to a ship at home the Court of Admiralty had no jurisdi..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. ......r and Tk. 1000.00 per month was shown as maintenance of the wife per month. 3. The wife petitioner filed Faimly Court Case No. 1 of 1988 against her husband opposite party No. 1, her father‑in‑law, opposite party No. 2 and sister of her husband, opposite party No. 3 claiming recovery of dower..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. ......g out 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 di..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. ......n 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 petition. He further submits that it is a well‑settled principle of law that where a legal remedy is provided for in the Code to an aggrieved party the inherent power s..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.
.......71.
5. Articles 3,4,5,6,7, and 8 of the aforesaid PO 19 of 1973 run as follows :
3. Notwithstanding anything to the contrary contained in the Act or the Rules framed thereunder or in any other law for the time being in force‑
(a) trademarks registered in Pakistan shall be deemed not to h..
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.......evant section for taking cognizance in the case under Special Powers Act and it is as follows: "27(1). Procedure of Special Tribunal. Notwithstanding anything contained in the Code or in any other law for the time being in force, a Special Tribunal may take cognizance of an offence triable under ..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.......ayer was opposed by the plaintiff. The learned Judge after hearing the parties refused to reject the plaint taking the view that there was nothing in the plaint suggesting that the suit was barred by law. It is against this order of refusal to reject the plaint that the defendant has moved this Cour..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. ......ent of loan he could not be permitted to bring fresh fact by way of additional evidence at the appellate stage. I am, therefore, of opinion that the learned District Judge has fallen into an error of law in allowing prayer for additional evidence and in holding thereupon that the petitioner was a de..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.......n to the Magistrate to send the accused mentioned in column 2 of the FIR for trial to the Court of Sessions which amounts to direction for taking cognizance. Considering the facts of the case and the law involved therein we find that the order passed by the learned Sessions Judge directing further e..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. ...... protect civil rights and for the protection of those rights the exercise of such powers is essential." 15. Next we come to the point raised by Mr. Hafizullah that under the private international law, a remedy is available, and as such an application under Order XXXVIII, rule 5 is incompetent. I..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.......n support of his contention decision in the case of Waris and others Vs. The State reported in 13 DLR 1961 (WP) page 5 has been relied upon and also on the decision reported in 1982 Pakistan Criminal law Journal page 720. It is further submitted by the learned Advocate for the condemned prisoner tha..Category: Criminal Law | Date: | Hits: 93
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