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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. ......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. ..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.......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)
....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..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. ...... 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..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. ......‑ 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..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.
......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..
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.......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..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.......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..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. ......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 ..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.......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..Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. Unimarine SA Panama and other, 1977, 6 CLC (HCD)
....y necessary implication prohibited. Order XXXVIII, rule 5 should be regarded as a provision which recognizes a power rather than a provision which confers a power. The Civil Procedure Code, generally speaking, does not create new powers but regulates the exercise of power already possessed by the Co......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..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.......e case was tried by the Additional Sessions Judge, 3rd Court, Dhaka and the appellant was found guilty to the charge under section 302 of the Penal Code and sentenced to death. Being aggrieved by the order of conviction, the appellant has preferred the aforesaid appeals. The learned Addi Sessions Ju..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. NK Shaha, Advocate ‑ For the Opposite. Civil Revision No. 338 of 1981 Judgment AM Mahmudur Rahman J. - This Rule is obtained by the pre‑emptor petitioner against the judgment and order of reversal passed by the learned Subordinate Judge on appeal dismissing the pre‑emption cas..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. ......tioner. SC Das, Advocate ‑ For the Opposite Party. Civil Revision No. 1 of 1987. Judgment AM Mahmudur Rahman J. - By this Rule pre‑emptor petitioner calls in question the judgment and order of affirmance dated 17.9.86 of the learned Subordinate Judge, Netrakona made in Miscellaneous ..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.......0. 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 Kirtibusdi, PS..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. ......short but an important question of law is mooted. The question is whether the Court below committed an error of law in the decision resulting the failure of justice in disallowing revision against an order of the trial Court refusing to modify valuation of a suit as contemplated under section 8(c) o..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. ......of 1984. Judgment Mohammad Ismailuddin Sarker J. - This Rule, at the instance of the defendant‑petitioner was issued calling upon the plaintiff‑opposite party to show cause why the impugned order Nos. 18 and 20 dated 28.8.84 and 2.9.84 respectively passed by the Commercial Court No. 1 in T..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.......part. The impugned judgment and the decree of the lower appellate Court are partly set aside and modified with the observation as above. 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 al..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. ...... Petitioner. Sk. Abul Hossain, Advocate-For the Respondent. Matter No. 48 of 1988 Judgment Md. Mozammel Hoque J. -This is an application under section 38 of the Companies Act, 1913 for an order directing the respondent‑company for the rectification of the Share Register of the Members ..Category: Company Law | Date: | Hits: 208
Delta Jute Mills Limited and another Vs. Sonali Bank and others, 1990, 19 CLC (HCD)
....hout lawful authority and is of no legal effect. Considering the facts of the case, we, however, award cost against Respondent No. 2 only. Ed. This Case is also Reported in: 43 DLR (1991) 483. ...... the plaintiff. During the pendency of the said suit respondents No, 2 having taken steps for its winding up, the petitioner company filed an application for temporary injunction and the Court, by an order dated 28.6.86, directed the parties to maintain status quo till the hearing of the application..Category: Company Law | Date: | Hits: 213
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