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Keramat Ali Bhuiyan Vs. Ramizuddin Ahmed Bhuiyan, 1990, 19 CLC (AD)

....earned advocate of the parties about the receiving back of the record and the next date fixed. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 58. ...... opposed the prayer, inter alia, on the ground of limitation. 2. The teamed Subordinate Judge by order dated 18.7.84 allowed the Misc. Case No. 937 of 1981 and restored the suit to its file and number subject to payment of a compensatory cost of Tk. 300.00 by the respondent to the petitioner. ..

Category: Procedural Law | Date: 8 Aug, 1990 | Hits: 108

Official Liquidator, East Bengal Commercial Bank Ltd. Vs. Mrs. Jahura Khatun & others, 1990, 19 CLC (HCD)

....suit is dismissed on contest against the defendant No. 2 and 3 and ex parte against the rest. But there shall not be any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 558. ......2. By this document the father of the aforesaid 3 persons made Heba Bil Ewaj in favour of his 3 sons. Ext. 3 is letter of Chunilal and Ext 3(a) is his signature. 9. The defendant No. 3 has filed a number of documents before this Court. Ext. A is the sale certificate dated 1.6.65 issued by the cer..

Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158

Bijoy Kumar Basak Vs. Narendra Nath Datta & others, 1990, 19 CLC (HCD)

....he date of receipt of this order, in accordance with law. Let a copy of this order be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 43 DLR (1991) 68. ......No.41 of 1975 in the Court of District Judge, Rajshahi which was allowed on 31.12.76 after hearing both the sides. The ex parte decree was set aside and the suit was restored to its original file and number. As against the said order of restoration of the suit, the plaintiff of the OC Suit No.297 of..

Category: Property Law | Date: 11 Jul, 1990 | Hits: 67

Abdur Rouf Miah Vs. Fazlur Rahman and others, 1990, 19 CLC (AD)

....n a fair and honest manner. But he is also subject to the Election Rules. Subject to this observation the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 23. ......Officer opened the ballot boxes and recounted the ballot papers. He found no discrepancy in the ballot papers of 83 Centres; but in respect of 4 Centres, he found marks of tampering and a substantial number of ballot papers missing. In this position he did not complete the re‑counting but submitte..

Category: Election Law | Date: 27 Jun, 1990 | Hits: 139

Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)

.... this Court after adjudication by the Courts below. With these words I concur with the decision given by my learned brother. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 28. ......for the appellant in CA 15/90, while arguing in favour of the application of section 5 did not cite any authority in support nor made any comment on the judgment of the High Court Division in which a number of decisions were considered including the two cited by him. His main argument was that for s..

Category: Limitation Law | Date: 25 Jun, 1990 | Hits: 176

Sher Ali Amir Ali Virjee Vs. Eastern Industries (Bangladesh) Ltd. and others, 1990, 19 CLC (HCD)

....o order as to costs. Mr. Tofailur Rahman has prayed for stay of the operation of the judgment for 6 weeks. The prayer is refused. Ed. This Case is also Reported in: 43 DLR (1991) 54. ......called the retiring member) shall give a notice in writing (hereinafter described a sale notice) to the Company that he desires to sell the same. 25. Every sale notice shall specify the denoting numbers of shares which the retiring member desires to sell and shall constitute the Company the age..

Category: Company Law | Date: 17 Jun, 1990 | Hits: 184

Shahabullah (Md) Vs. The State, 1990, 19 CLC (AD)

....o interfere in the matter. The appeal is dismissed. Let the appellant surrender to his bail bond and serve out his sentence. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 1. ......, Amjad Hossain, PW 6, Syed Mohammad Ali, Police Officer and PWs 4, 5, 7 and 8 police constables. PW 10, Mohammad Ishaqe, Magistrate, First Class, Dhaka accompanied the trap party and he compared the number of the notes with the number of the inventory and put his signature on the inventory finding ..

Category: Anti-Corruption Laws | Date: 13 Jun, 1990 | Hits: 119

Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)

....ion'. Finding to this effect of the courts below is perfectly correct. All these appeals are therefore dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 34. ...... appellant No.2, who was then a British national, was regularised; this transfer took place in January 1971 and was correctly shown in the Annual Returns of that year. The respondent retained a small number of shares, that is, the balance-1817 shares only-in his name; nevertheless he was allowed to ..

Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296

Siddik Ali Vs. Nurun Nessa Khatun and others, 1990, 19 CLC (AD)

....defendants. In the result, the appeal is allowed. Prayer for substitution is allowed after setting aside abatement. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 3. ...... land; and that the plaintiffs predecessor Bharat continued to be in possession as a tenant under Benode Behari. After considering the inspection report of the Commissioner Ext. 5 which showed that a number of bamboo and fruit trees were cut away 3/4 days before the date of inspection the Trial Cour..

Category: Property Law | Date: 28 May, 1990 | Hits: 57

Abdur Rouf Mia Vs. Ministry of Local Government, Rural Develop­ment and Co‑operatives and others, 1990, 19 CLC (HCD)

....poll. In the result, the Rule is discharged and the order of stay granted on 6.5.90 is vacated. There will be no order for costs. Ed. This Case is also Reported in: 43 DLR (1991) 29. ...... result of counting to the Returning Officer and the Returning Officer shall consolidate the results received from the Presiding Officers in form "K" and declare the person securing highest number of votes to have been duly elected in from "K" and shall prepare a fist in form &ls..

Category: Election Law | Date: 24 May, 1990 | Hits: 101

Sonali Bank Vs. Nurul Kader and another, 1990, 19 CLC (HCD)

....aw. Send a copy of the judgment to the learned District Judge for sending his report to this court as directed. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 21.   ...... learned Munsif, 3rd Court, Dhaka rejecting an application filed under Order 9 rule 4 CPC for restoration of Money Suit No. 23 of 1979 on Setting aside the decrees dismissing the suit to its file and number. The petitioner instituted the suit for recovery of Tk. 9,023.00 with interest at the ra..

Category: Civil Law | Date: 5 Apr, 1990 | Hits: 1

Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)

....e are set aside and the suit is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 18. ......that date in his house in presence of Abdur Rash­id, Haizuddin, himself and the plaintiff and the defen­dant No.1. Now it appears from the evidence of the aforesaid PWs that there were a good number of per­sons allegedly present at the time Of execution of the bainapatra Ext.4 and the re..

Category: Property Law | Date: 15 Mar, 1990 | Hits: 66

Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)

....ected to surrender to his bail bond and to serve out the sentence. Appeal No.10 of 1985 is dismissed and order of acquittal is upheld. Ed. This Case is also Reported in: 43 DLR (1991) 87. ......t none of the independent witnesses who went to say prayer has been examined in this case. It is true that no person who went to say prayer in the mosque has been examined in this case. No particular number of witnesses for proof of any fact is required. It is a sound and well established rule of la..

Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65

Anisuzzaman Vs. State, 1990, 19 CLC (HCD)

....roject authority. In the result, I allow the appeal with the aforesaid observation. The appellant is released from his bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 35. ......ecution witnesses failed to prove that they saw the appellants to steal the electric motors. He also submits that as there are material contradictions in the statements of the PW 5 and PW 6 regarding number of the electric motors recovered from the possession of the accused persons there is sufficie..

Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86

Moynul Hasan and others Vs. Nazmul Haq @ Nazmul Hasan and others, 1989, 18 CLC (HCD)

.... impugned order of the learned Subordinate Judge. In the result, the Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 82. ......nt and order dated 31.12.86 allowed the application under Order 9 rule 13 CPC, set aside the ex parte decree dated 27.2.84 in Title Suit No. 278 of 1983 and restored the suit to its original file and number. 5. Being aggrieved the plaintiff‑petitioners have obtained the Rule. 6. The lear..

Category: Limitation Law | Date: 28 Nov, 1989 | Hits: 219

Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)

....ce by us. In the result, this appeal is dismissed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ...... he was a Mohammedan. The prosecution case however was that when this girl came away from her fa­ther's house with the accused she was taken from place to place and from house to house for a certain number of nights, and the learned Judge left it to the jury as it was a question for the jury to det..

Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153

Ziaul Hoque Vs. Election Commis­sion, 1990, 19 CLC (HCD)

....n 1.3.90 Election, Commission published a notification fixing 16.3.90 for holding election of Chairman, Nabinagar Upazi­la; that the petitioner and his large number of sup­porters amongst the voters of the said two unions were seriously prejudiced by the taking away of the said two unions fr......4.11.89 (Annexure 'C'); that on 1.3.90 Election, Commission published a notification fixing 16.3.90 for holding election of Chairman, Nabinagar Upazi­la; that the petitioner and his large number of sup­porters amongst the voters of the said two unions were seriously prejudiced by the..

Category: Election Law | Date: 14 Jun, 1989 | Hits: 98

Ananda and others Vs. State, 1989, 18 CLC (HCD)

....not wanted in connection with any other case. The suo motu Rule for enhancement is dis­charged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533.......to Women (Deterrent Punishment) Ordinance, 1983 read with Special Powers Act, 1974. 4. At the trial, the accused pleaded not guilty and claimed to be tried. The prosecution in this case examined a number of witnesses but the defence none. The court after recording the testimony of the witnesses a..

Category: Women and Children | Date: 24 May, 1989 | Hits: 143

Hazrat Ali & Abdur Rah­man Vs. State, 1989, 18 CLC (HCD)

....emned prisoner Hazrat Ali with the modification of sentence of both the condemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ......mation that the truck met with an accident at Gohail on Bogra Natore road and they all went and found a truck there with Number T-813 and it was noticed by them thatthere was an attempt to change the number from 813 to 810. On further enquiry they came to learn that there were four persons in the tr..

Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152

Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)

.... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14.   ......loan. It was agreed that the entire dismantling work of the imported Vessel be made under the direct supervision of the Bank's branch at Agrabad ; that on arrival of the ship at Chittagong sufficient number of godown-keepers and godown chowkiders should be posted round the clock at the breaking site..

Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252