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Tofazzal Hossain Chowdhury Vs. Mir Amanullah & others, 1992, 21 CLC (HCD)

....ordance with law. Let a copy of the judgment and order be transmitted to the Court below immediately. The order of stay stands vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 263.......lass, Munshiganj should not be quashed or such other or further order or orders passed as to this Court may seem fit and proper. At the time of issuance of the Rule all further proceeding of the said case was stayed pending hearing of the Rule. 2. Facts in short as stated in the application for q..

Category: Criminal Law | Date: | Hits: 88

Abul Hasnat Mohammad Mohsin Vs. Dilruba Aktar and another, 2009, 38 CLC (AD)

....suf­fer imprisonment for more than 15 days. Accordingly, the petition is dismissed with the modification of the sentence as above only. Ed. This Case is also Reported in: VIII ADC (2011) 314......., 1996 and sentencing him to suffer simple imprisonment for 3(three) months and also to pay a fine of TK. 10,000.00 in default to suffer impris­onment for 3(three) months more. 2. The prosecution case, in short, is that the marriage between the accused-appellant and complainant-respondent No.1 w..

Category: Family Law | Date: | Hits: 185

Joirunnessa and others Vs. Abdul Matalib being dead his legal heirs; Alta Begum and others, 2009, 38 CLC (AD)

....rder of Trial Court is liable to be restored and accordingly restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 302.......on reversing those dated 08.03.1990 passed by the Senior Assistant Judge, Sadar, Sylhet in Title Suit No.241 of 1989 refusing plaintiffs prayer for tem­porary injunction. 2. The facts involved in case, in short, are that the plaintiff, Abdul Motlib, was in possession of the suit land by construc..

Category: Property Law | Date: | Hits: 65

Md. Farid Hossain and others Vs. Md. Abul Hossain and another, 2009, 38 CLC (AD)

.... dif­ferent and distinguishable which has no manner of application. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 297. ......1.04.1991 passed by the Additional Assistant Judge, 3rd Court, Chittagong in Other Suit No. 66 of 1990 transposing the appellant, a defendant to the category of plaintiff. 2. The facts involved in case, in short, are that the plaintiff married thrice. His first and third wives died but second wif..

Category: Property Law | Date: | Hits: 65

Salma Parveen Vs. Md. Amir Hossain and others, 2009, 38 CLC (AD)

....tance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 293. ......dgment and order dated 23.08.2001 passed by the High Court Division in First Appeal No.115 of 1999 rejecting the application under Order 41 rule 25 of the Code Civil Procedure. 2. The facts of the case, in short, are that the there was an agreement between him and the defendant for transfer of de..

Category: Property Law | Date: | Hits: 112

Meghna PET Industries Limited and another Vs. 2nd Court of Artha Rin Adalal and another, 2009, 38 CLC (AD)

....ivision, we do not find any merit in the appeals of the appellant and accordingly the appeal is dismissed with­out any order as to cost. Ed. This Case is also Reported in: VIII ADC (2011) 240. ......udgment and order dated 21.08.2007 passed by the High Court Division in Writ Petition No.7108 of 2007 summarily rejecting the application under Article 102 of the Constitution. 2. The facts of the case, in short, are that on 9th October, 2000, the appellant entered into a share purchase agreement..

Category: Civil Law | Date: | Hits: 78

Shambhu Nath Saha & others Vs. State, 1989, 18 CLC (HCD)

....s therefore, discharged. The learned Additional Metropolitan Magistrate is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 660. ......minal Proceedings of GR Case No. 3 of 1983, arising out of Sutrapur PS Case No. 16 (1) 83, now pending before the Addi­tional Metropolitan Magistrate, Dhaka, should not be quashed. 2. Prosecution case, in short, is that the Municipal Holding Nos. 71 and 72 of Patuatuly, Dhaka, belonged to one Be..

Category: Criminal Law | Date: | Hits: 83

Kumudini Hospital Vs. Kumudini Hospital Karmachari Union & others., 1977, 6 CLC (HCD)

....4 and 625 of 1974 are made absolute and the Rule in Petition No. 306 of 1976 is hereby discharged. There will be no orders as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 655. ......iri Hospital Vs. Workmen, AIR 1975 (SC), 2032; Safdar Jung Hospital, AIR 1970 (SC); AIR 1960 (SC), 610; AIR 1975(SC), 2032, Indian Supreme Court, AIR 1961 (SC) 484; AIR 1960(SC), 610; Jimkhana Club's case, AIR 1968 (SC) 554; AIR 1975 (SC), 2032. Lawyers Involved: Rokanuddin Mahmud, Advocate â..

Category: Labour and Industrial Law | Date: | Hits: 123

Badsha (Md.) Miah and others Vs. Soleman Nessa Bibi and others, 1988, 17 CLC (HCD)

.... and he seeks 2(two) months' time for the purpose. The prayer is allowed. Let the operation of this judgment be stayed for 2 (two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646.......f 1961. 2. The appellants filed the above suit for declaration of their title and recovery of khas possession in 6.21 acres of land as detailed in the schedules to the plaint. 3. The plaintiffs case is that Madhu Mondal and Haran Mondal had raiyati interest in the suit land under the landlord ..

Category: Property Law | Date: | Hits: 70

Refazuddin Mondal Vs. Abdul Razzaque @ Rezaul Karim & others, 1989, 18 CLC (HCD)

.... for any interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 43 DLR (1991) 644.......tion and Tenancy Act for the self‑same land in the Court of Munsif, Serajganj. The learned Munsif on consi­deration of the evidence and other materials on record and facts and circumstances of the case rejected the Miscellaneous Case by order dated 31.5.83 on the ground that section was hit by pr..

Category: Property Law | Date: | Hits: 68

Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)

.... Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ...... accused‑appellants, the Jail Appeal, being Jail Appeal No. 53 of 1989 and the Death Reference No. 1 of 1989, submitted by the learned Additional Sessions Judge, Kishoreganj. 3. The prosecution case in short is, that on 6.1.82 Wednesday, at about 8‑00/8‑30 in the morning, PW 11 Somed came ..

Category: Criminal Law | Date: | Hits: 68

Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)

....nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ......tchen room, 3(three) bath‑rooms, 1(one) drawing room and corridor, 1(one) dressing room, southern covered verandah, together with electric, water and sanitary fittings and fixtures, etc." 4. The case of the plaintiff‑respondent, in brief, is that while he was serving in the then Industrial De..

Category: Property Law | Date: | Hits: 110

Haji Md. Ishaque and others Vs. Rupali Bank, 1990, 19 CLC (HCD)

....uit and the Court below rightly rejected the plaint. In the result the appeal is dismissed with costs to the defendant respondent No. 1. Ed. This Case is also Reported in: 43 DLR (1991) 621. ...... and other proforma respondents for declaring the ex‑parte preliminary decree dated 16.1.1986 and final decree dated 2.6.1986 passed in the said suit as illegal, fraudulent and collusive. 3. The case of the plaintiff appellants, inter alia, is that the defendant Nos. 7‑9 mortgaged the suit pr..

Category: Procedural Law | Date: | Hits: 67

Bangla Jalpari Lines (Pvt) Ltd. Vs. Continental Grain Company (Canada) Ltd. and others, 1990, 19 CLC (HCD)

....nished there is no merit in these two revisional applications. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 617. ......ontinental Grain Co. (Canada) Ltd. represented by their local agent Maritime Enterprises, Chittagong who claimed to be the Charterer of the vessel in question, namely, MV Regent Ranger. Miscellaneous case No. 60 of 1981 was filed by petitioner OP No. 1 M/s Sanko Steamship Co. Ltd. Tokyo represented ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 186

Mozammel (Md.) Huq Vs. State, 1990, 19 CLC (HCD)

....Court. The Special Tribunal shall have the liberty to cancel the bail‑ of the accused if and when he finds it necessary in course of trial. Ed. This Case is also Reported in: 43 DLR (1991) 614.......nal had limited jurisdiction to try only the offences mentioned in or specified in the schedule to the Special Powers Act. This position of law is also not disputed. The result is that in the present case the learned Special Tribunal had no jurisdiction to take cognizance of the offence under sectio..

Category: Criminal Law | Date: | Hits: 52

Anu Bala Vs. Upazila Nirbahi Officer, Perojpur and Others, 1990, 19 CLC (HCD)

....ch we find no illegality to interfere in the Revisional jurisdiction of this Court. In the result, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 611.......Facts in short are that the petitioner instituted Title Suit being TS No. 128 of 1985 in the Court of the Subordinate Judge, Perojpur for declaration that all the orders passed in the vested property case No. 13 of 1982 described in schedule 'Ga' to the plaint to be Enemy Property/Vested Property ar..

Category: Limitation Law | Date: | Hits: 192

Abdus Samad Azad, MP & others Vs. Bangladesh, through Secretary, Ministry of Law and Justice and others, 1991, 20 CLC (HCD)

....atter be placed before the regular Bench on the re‑opening of the Court on 20th October, 1991 for hearing of the substantive application. Ed. This Case is also Reported in: 43 DLR (1991) 607. ......on and such election instead of paving the way will hinder the progress of democratisation of the process of transition to democracy. The learned Advocate for the petitioners submits that prima facie case having been made out and the balance of convenience,, and inconvenience being in favour of the ..

Category: Constitutional Law | Date: | Hits: 229

Nizamul Haque and Others Vs. Singa Bangla Garment Manu­facturing Company (Pvt) Ltd., 1990, 19 CLC (HCD)

....ain a stay order from the Appellate Court. The prayer is allowed and this judgment will come into operation just after two weeks from date. Ed. This Case is also Reported in: 43 DLR (1991) 603. ......y meetings; (iii) if the company does not commence its business within a year from its incorporation, or suspends its business for a whole year; (iv) if the number of members is reduced, in the case of a private company, below two or, in the case of any other company, below seven; (v) if th..

Category: Company Law | Date: | Hits: 190

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

.... 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....... The petitioners instituted Title Suit No. 932 of 1982 in the Court of Munsif, 6th Court, Dhaka for declaration that the Revenue sale held on 25.9.45 is null and void and not binding upon them. Their case was that the taluk including the suit land measuring 1.42 acres originally belonged to one Radh..

Category: Property Law | Date: | Hits: 92

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

....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.......gong on 2.2.1995 for permission to sue as pauper for recovery of the sum of Tk. 3,09,667.00 on account of prompt value of gold ornaments, marriage clothings, furniture and other presents and the said case was dismissed for the default on 12.3.86 in the absence of both the parties for failure of the ..

Category: Civil Law | Date: | Hits: 106