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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. ..........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......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. ..

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. ......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......no new fact required to be examined or proved by evidence to see whether the allegation of vagueness of the suit‑land was correct or not. In this connection I may look to the provision of rule 3 of Order 7 of the Code of Civil Procedure which reads as follows: "Where the subject‑matter of the..

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.......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. ...... with Sk. Siddique, Advocates ‑For the Defendant No. 1. Admiralty 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 th..

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. ......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 ......orted in AIR 1949 Lah 131 in dealing with the question whether the Election Petition Tribunal constituted under the Government of India (Provincial Election) (Corrupt Practices and Election Petition) Order, 1936 was not subordinate to the High Court so as to be subject to its revisional powers under..

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. ......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...... incompetent the impugned order of the appellate Court was without jurisdiction and the remedy of the opposite parties lies in a properly constituted separate suit and not in the execution case under Order 21 rule, 15 C.P.C. as the dispute between the decree‑holders was not a question between the ..

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. ......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......ubmits that the order vacating 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 ..

Category: Civil Law | Date: | Hits: 93

Sattar Match Works and others Vs. Bangladesh Chemical Industries Corporation and others, 1990, 19 CLC (HCD)

....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......attar Match Works at Lama, Chittagong Hill Tract as well as the Pakistan Manufacturers and Industries Limited were taken over and vested in the Government as abandoned property under the Presidential Order No. 16 of 1972. After taking over the management of the aforesaid 2 Units the same were placed..

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....... 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......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....... 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......to 1.9.84 for peremptory hearing. After several adjournments the suit was at last fixed for peremptory hearing on 2.7.85, 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..

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. ......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......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. ..

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 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......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. ....... 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......te-General AM Mahmudue Rahman, Assistant Attorney General, Ismailuddin Sarkar, Assistant Attorney General-For the Appellant. M. Hafizullah, Nurul Islam-For the Respondents. Appeal from Original Order No. 219 of 1977 with Civil Rule No. 639 (fm) of 1977. Judgment KM Subhan J.- This appeal..

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..........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......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...

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. ......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......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

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. ......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,......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. ..

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....... 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......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...

Category: Constitutional Law | Date: | Hits: 287

Ahmed Kabir Vs. Haji Mazahar Ahmed and others, 1990, 19 CLC (HCD)

....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......e and also for confirmation of possession therein on various allegations against the defendant‑petitioner. The defendant‑petitioner filing written statement in the suit filed an application under Order 7, rule 10 of the Code of Civil Procedure read with section 8(c) of Court Fees Act seeking for..

Category: Procedural Law | Date: | Hits: 83

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. ......ammel Haque...........................................................Petitioner Vs. Uttara Bank, Bangabandhu Avenue Branch, Dhaka.............Opposite Party. Judgment August 30, 1990. Lawyers Involved: Ajmalul Hossain with Iftekher Ahmed, Advocates ‑For the Petitioner. A Q M ......e suit by filing a written statement. 4. By the order dated 12.8.84 the Court fixed 28.8.88 for peremptory hearing of the suit. On 16.8 .84. the plaintiff opposite party filed an application under Order 6, rule 17 of the Code of Civil Procedure praying for amendment of the plaint on the ground th..

Category: Property Law | Date: | Hits: 90

Nehal Uddin (Md.) and others Vs. Amena Khatun and others, 1990, 19 CLC (HCD)

....e. In the facts and circumstances of the case there will be no order as to costs. Let the lower Courts records be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 492.......dra Kapali Chowdhury and another Vs. Arjun Chandra Kapali & others, 15 DLR 628; Sadak Ali Vs. Surju Ali & others, 7 DLR 94; Lala Hem Chand Vs. Laid Pearey Lal and others, AIR 1942 (PC) 64. Lawyers Involved: Md. Shahjahan with SM Amin Azhar, Advocates ‑For the Appellants. Akram Hos......e. In the facts and circumstances of the case there will be no order as to costs. Let the lower Courts records be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 492...

Category: Property Law | Date: | Hits: 71

Investment Corporation of Bangladesh Vs. Bata Shoe Company (Bangladesh) Ltd., 1990, 19 CLC (HCD)

....further directed to issue and deliver the necessary share certificates in favour of the petitioner ­corporation without any further delay. Ed. This Case is also Reported in: 43 DLR (1991) 487. ...... Present: Md. Mozammel Hoque J Investment Corporation of Bangladesh.............Petitioner Vs. Bata Shoe Company (Bangladesh) Ltd.............Respondent. Judgment May 24, 1990. Lawyers Involved: ABM Khairul Hoque, Advocate-For the Petitioner. Sk. Abul Hossain, Advocate-F......further directed to issue and deliver the necessary share certificates in favour of the petitioner ­corporation without any further delay. Ed. This Case is also Reported in: 43 DLR (1991) 487. ..

Category: Company Law | Date: | Hits: 208