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Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)
....nise more closely and carefully the evidence on record so that an innocent person is not wrongly found guilty and punished. The administration of criminal justice is based upon certain well‑settled principles, one of which is that the prosecution must prove its own case by legal evidence beyond al......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)
.... without examining the Commissioner. He cited the decision in the case of Sundar Vs. Hiru and others, 1936 Lah 138 in support of his contention. In the facts and circumstances of the present case the principle laid down in Sundar's case has little application in as much as objection as to admissibil......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)
....another Vs. The State, 40 DLR 477 and referred me to paragraph No. 14 of the report. In that decision I was a party. That decision is not wholly on the points which fall for decision in the case. The principle of law as to onus of proof in that case as enunciated was with regard to an offence under ......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. ......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.............................Plaintiff Vs. Bangladesh Shipping Corporation and others.............Defendants. Judgment May 27, 1990. Cases Referred to- Al‑Sayer Navigation Co. Vs. Delta International Traders Ltd. 34 DLR (AD) 110; Albert David (Bangladesh) Ltd. Vs. M/s. Nedlloyed Lijnel......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. ......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)
....the opposite parties did not authorise the petitioner to certify satisfaction of the decree by delivery of possession of the building. In view of my discussion above and in the light of the aforesaid principles of law laid down in Valchand Gulabchand Shaha and Moti Ram referred to above I am of the ......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)
....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 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 inh......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.
......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)
....o secure the ends of justice. This view finds support from the case reported in 30 DLR (SC) 58, 31 DLR (SC) 69 and 15 DLR (SC) 150 and also in the case of 28 DLR (SC) 38. So in the light of the above principles regarding exercise of jurisdiction under section 561A of the Code of Criminal Procedure, ......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)
....5, when the petitioner defendant filed a petition before the learned Judge under Order 7 rule 11 (d) of the Code of Civil Procedure for rejection of the plaint on the ground that it was barred by the principle of res judicata. The prayer was opposed by the plaintiff. The learned Judge after hearing ......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. ......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.......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)
....he application would show that it was in conformity with the requirement of Order 38, rule 5 of the Code of Civil Procedure and further submission of the learned Deputy Advocate General, was that the principles in the decision reported in 28 DLR 231 were wrongly applied to the present case by the le......ying to remove the lighterage concerned from the jurisdiction of the court concerned. The second contention of Mr. Hafizullah is that there is another remedy available under the provisions of Private International Law and as such the application under Order 38, rule 5 was misconceived. Lastly, Mr. H....... 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)
.... it does not disclose that Magistrate made a sincere endeavour to ascertain if confession was made freely and voluntarily. Thus having viewed the confessional statement Ext. 13 from the standpoint of principle referred above, we are inclined to hold that the confession is neither voluntary nor true ......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)
.... arose." The fact of the case is distinguishable from the facts of the present case. There the lease of the shop was taken for the purpose of business. In view of the facts of that case, I think, the principle laid down therein has little application to the facts of the present case. Moreover, the d......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)
....e learned Advocate, no opportunity having been given in that manner to the petitioner the impugned cancellation of the results of the examination and punishment imposed upon them are violative of the principles of natural justice and as such the same has been done without lawful authority and it has......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. ......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)
....how that there was any likelihood of the same being repeated in future and the detaining authority does not also claim to have any such material in his possession. In the circumstances, acting on the principle pointed out above, we find that the detaining authority had no material basis ‑to form a......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
Ahmed Kabir Vs. Haji Mazahar Ahmed and others, 1990, 19 CLC (HCD)
....w of the facts and circumstances, the Court is under legal obligation to make any enquiry under section 8(c) of the Court Fees Act to ascertain ad determine the valuation of the suit. It is a settled principle of law that the Court is to hold an enquiry and determine the valuation where there is obj......ion of the suit after giving sufficient opportunity to both the parties. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 500. ............Opposite Parties. Judgment July 25, 1990. Cases Referred to- Keramat Ali Bepari Vs. Province of East Pakistan, 22 DLR 646; Syed Ahmed Vs. Keshab Chandra and another, 1988 AD 60. Lawyers Involved: Rabi Shankar Chakraborty with SC Das, Advocates ‑For the Petitioner. Musta..Category: Procedural Law | Date: | Hits: 83
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