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Kutub Uddin Bhuiyan and others Vs. Sakhina Bibi and others, 1990, 19 CLC (HCD)

.............Petitioners Vs. Sakhina Bibi and others........................................Opposite Parties. Judgment April 4, 1990. Cases Referred to- Akkama Vs. Venkatpall AIR 1925 Mad 59; Asrar Ahmed Vs. Durgah Committee, Ajmir, AIR 1947 (PC) 1. Lawyers Involved: Md. Shahid ...... 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....... ‑ For the Petitioners. Nurun Nabi Khan, Advocate ‑ For the Opposite Parties. Civil Revision No. 62 of 1985. Judgment AM Mahmudur Rahman J. - By this Rule the petitioners challenge an order of the learned Munsif, 6Lh Court, Dhaka rejecting an application for amendment of the plaint. ...... 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...

Category: Property Law | Date: | Hits: 92

Abdur Rahman Vs. Shahanara Begum, 1990, 19 CLC (HCD)

....s of the Code of Civil Procedure. Ed. This Case is also Reported in: 43 DLR (1991) 599.......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.......or the Opposite Party. Civil Revision No. 11 of 1989. Judgment Kazi Ebadul Hoque J. - This Rule was issued at the instance of the defendant‑petitioner Abdur Rahman against the judgment and order dated 28.4.1988 passed in the Family Court Appeal No. 26 of 1987 by the Subordinate Judge and ......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...

Category: Civil Law | Date: | Hits: 106

Abul (Md.) Kashem & others Vs. Ashrafuzzaman, 1990, 19 CLC (HCD)

....transmitted to the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 596. ......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. ...... For the Opposite Party No. 1. Civil Revision No. 641 (Dhaka) of 1988. Judgment Kazi Ebadul Hoque J.- This Rule was issued on 14.9.86 at the instance of defendant petitioners challenging the order dated 21.7.86 accepting the valuation put by the plaintiff in the plaint on deciding the issue......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. ..

Category: Civil Law | Date: | Hits: 94

Afsar Ali Chowdhury and others Vs. The People's Republic of Bangladesh, 1990, 19 CLC (HCD)

....re by vacated. Ed. This Case is also Reported in: 43 DLR (1991) 593. ...... 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. ......-the opposite Party. Civil Order No. 1932 of 1990. Judgment Anwarul Hoque Choudhury J. - This is an application under section 115(1) of the Code of Civil Procedure and is directed against an order dated 8.9.90 passed by the learned Subordinate Judge, Thakui gaon in Money Suit No. 1 of 1990 ...... 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. ..

Category: Civil Law | Date: | Hits: 87

Afsar (Md.) Vs. Moulvibazar Pourashava and others, 1990, 19 CLC (HCD)

....opy of this order be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 589. ......tiff petitioner prayed for temporary injunction against the defendant Nos. 1‑3 i.e. opposite party Nos. 2 to 4 by an application under Order 39 rule 1 C.P.C. whereupon a show cause notice with ad‑interim order of injunction was issued and served upon the aforesaid defendant opposite parties but ......Advocates ‑ For the Opposite Party No. 1. Civil Revision No. 53 of 1986. Judgment Muhammad Ansar Ali J. - This rule at the instance of the plaintiff petitioner arises out of a judgment and order dated 11.12.85 passed by Mr. Kabir‑ul‑lslam, Subordinate Judge, Maulvibazar disallowing Mi......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. ..

Category: Trust/Waqf Law | Date: | Hits: 181

Yakub (Md.) Ali Howlader Vs. Abdur Rab Munshi, 1990, 19 CLC (HCD)

....hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 587. ......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. ...... No. 2072 of 1990. Judgment Anwarul Haque Chowdhury J. - This Rule arises out of an application under section 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 petit......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. ..

Category: Election Law | Date: | Hits: 156

Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)

....any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 573. ......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. ......he 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 aggrieved by the aforesaid judgmen......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. ..

Category: Criminal Law | Date: | Hits: 82

Abdul Quader Chowdhury Vs. Sayedul Hoque & others, 1990, 19 CLC (HCD)

....are hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 568. ......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. ...... 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. 2 the Additional Deputy Commissioner, (Rev.) cancelling the lease ......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. ..

Category: Property Law | Date: | Hits: 72

Amir Ali & others Vs. State, 1990, 19 CLC (HCD)

....For the State. Criminal Appeal No. 130 of 1989. Judgment AM Mahmudur Rahman 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 ......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. ......fter 79 days of the seizure of the goods. He denied the defence suggestions that he released the owners of the good's from the truck and arrested the appellants and filed a false case against them in order to save his service. 6. PW 2 Abdur Rashid corroborated the statements of PW 1 saying that o......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)

....end 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. ......s by the defendant would lead us to presume that the plaintiff has tenancy right in the suit‑land. The above fact by itself does not exonerate the plaintiff from proving his case. "The plaintiff in order to succeed must prove, beyond reasonable amount of doubt his title ill the suit land." 10. ......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. ..

Category: Property Law | Date: | Hits: 101

Sadharan Bima Corporation Vs. Bangladesh Shipping Cor­poration & others, 1990, 19 CLC (HCD)

....dependently in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 548.......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.......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.......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...

Category: Admiralty Law or Maritime Law | Date: | Hits: 195

Hosne Ara Begum Vs. Alhaj Md. Rezaul Karim and others, 1990, 19 CLC (HCD)

....te 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. ...... thereof) have been excluded. Under the provisions of section 17 of the Ordinance the Court of appeal below can only decide the appeal and sub‑section (6) of section 17 shows that on receipt of the order passed by the District Judge in appeal the Family Court shall modify or amend the judgment, de......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. ..

Category: Family Law | Date: | Hits: 210

Rabindra Narayan Gope Vs. Nani Gopal Gope and other, 1990, 19 CLC (HCD)

.... Rup Narain and others, 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 ......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. ...... the Petitioner. Md. Nurul Huq with Shamim Khaled Ahmed, Advocate ‑For the Opposite Parties. Civil Revision No. 224 of 1986. Judgment AM Mahmudur Rahman J. - This Rule arising out of an order of the appellate Court made on March 17,1986 in Miscellaneous Appeal No. 254 of 1982 from an o......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. ..

Category: Procedural Law | Date: | Hits: 81

Atash Ali and others Vs. Rebati Mohan Sarker and 3 others, 1990, 19 CLC (HCD)

....man J Atash Ali and others..............................Petitioners Vs. Rebati Mohan Sarker and 3 others..........Opposite Parties. Judgment April 19, 1990. Cases Referred to- Trading Corporation of Bangladesh and others Vs. Syed Sajeduzzman, 40 DLR (AD) 406; Rafiqul Islam Vs. ......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. ......‑ For the Petitioners. Miah Abdul Gafur, Advocate ‑ For the Opposite Parties. 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 rest......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. ..

Category: Civil Law | Date: | Hits: 93

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

....igh Court Division (Special Original Jurisdiction) Present: Md. Mozammel Hoque J Sattar Match Works and others...................................................Petitioners Vs. Bangladesh Chemical Industries Corporation and others.................Respondents. Judgment August ......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. ......sted in the said Company. In the year 1964 Pakistan Manufacturers and Industries Limited purchased "Ujala Match Factory", situated at Chota Katra, Dhaka, in an auction sale by the liquidator under an order of this Court and the machineries of the said Ujala Match Factory were removed from its origin......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. ..

Category: Intellectual Property Law | Date: | Hits: 264

State Vs. Satya Narayan Sarada, 1991, 20 CLC (HCD)

....me of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 529.......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.......d Ansar Ali J. - Upon an application under section 561A of the Code of Criminal Procedure at the instance of the State this Rule was issued upon the accused opposite party to show cause as to why the order dated 11.10.88 passed by the learned Upazila Magistrate, Dinajpur Sadar in Kotwali PS. case No......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)

....5 on the ground of fraud. The defendant petitioner filed written statement on 16.2.82, issues were framed on 7.6.1984 and ultimately the suit was fixed 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 defend......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.......ates ‑For the Opposite Parties. Civil Revision No. 401 of 1986. Judgment DM Ansaruddin Ahmed J. - This Rule issued at the instance of the first defendant Nannu Miah is directed against the order passed on 8.4.86 by the Subordinate Judge‑in­-Charge, 1st Court, Dhaka refusing to reject t......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...

Category: Procedural Law | Date: | Hits: 86

Abul Kashem Vs. Mafiz Mia and others, 1991, 20 CLC (HCD)

.....6.88 passed by the Election Tribunal and Assistant Judge, Daudkandi Upazila in Election 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 o......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. ......r. Abdul Baset Majumder, Advocate ‑ For Opposite Party No. 1. Civil Revision No. 1692 of 1990. Judgment Bimalendu Bikash Roy Chowdhury J. -This Rule is directed against the judgment and order dated 19.8.90 passed by the learned District Judge, Comilla in Election Appeal No. 30 of 1989 ......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)

....Narsingdi to show cause as to why the judgment and order dated 20.6.1987 passed by the learned Sessions Judge, Narsingdi in Sessions Case No. 34 of 1987 should not be quashed. 2. The short facts leading to the Rule are as follows: One Abdur Rahman lodged an FIR at Raipura Police Station agains......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.......man Khan J. - On an application filed under section 561A of the Code of Criminal Procedure the Rule was issued calling upon the Deputy Commissioner, Narsingdi to show cause as to why the judgment and order dated 20.6.1987 passed by the learned Sessions Judge, Narsingdi in Sessions Case No. 34 of 198......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)

....ppellant 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. ......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. ......urul 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 by the Government is from the judgment and order dated 16.5.77 passed by the learned Subordinate Judge of the 3rd Court, Chittagong, in Money S......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. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 240