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Abul (Md.) Kashem & others Vs. Ashrafuzzaman, 1990, 19 CLC (HCD)
....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. ......he Court in its discretion may accept the valuation given by the plaintiff in the plaint if the same appears to be reasonable to the Court." 7. Mr. Das in support of his contention relied upon the case of Keramat Ali Bepari Vs. Province of East Pakistan reported in 22 DLR 646 and also the case of..Category: Civil Law | Date: | Hits: 94
Afsar Ali Chowdhury and others Vs. The People's Republic of Bangladesh, 1990, 19 CLC (HCD)
.... 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. ...... of the Code of Civil Procedure. 2. Facts in short are that plaintiffs instituted Money Suit No. 1 of 1990 before the Court of Subordinate Judge, Thakurgaon for realisation of Tk. 8,03,558.00. The case of the plaintiff was that the plaintiff supplied paddy to the Husking Mill of the defendants an..Category: Civil Law | Date: | Hits: 87
Afsar (Md.) Vs. Moulvibazar Pourashava and others, 1990, 19 CLC (HCD)
....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. ......er Order XLVII of the Code of Civil Procedure against the defendant No. 5/opposite party No. 1 for review of the said order of rejection of the learned Subordinate Judge and accordingly Miscellaneous case No. 96/79 was started which was subsequently re‑numbered as Misc Case No. 89/1985 under Order..Category: Trust/Waqf Law | Date: | Hits: 181
Yakub (Md.) Ali Howlader Vs. Abdur Rab Munshi, 1990, 19 CLC (HCD)
....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. ...... the filing of the said nomination paper was, therefore, barred and the same was numbered as Shariatpur Election Tribunal Case No. 1 of 1990. 6. The petitioner contested the said election petition case and filed an application on 25.9.90 for rejection of the application of the Election Tribunal C..Category: Election Law | Date: | Hits: 156
Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)
....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. ......ted 30.8.96 of the Additional Sessions Judge. 2. Being aggrieved by the aforesaid judgment and order of conviction and sentence, the appellants have preferred the present appeal. 3. Prosecution case as made out on the basis of the FIR lodged with the, Kalmakanda Police Station on 29.8.84 by PW..Category: Criminal Law | Date: | Hits: 82
Abdul Quader Chowdhury Vs. Sayedul Hoque & others, 1990, 19 CLC (HCD)
....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. ......claration that order passed by the defendant No. 2 the Additional Deputy Commissioner, (Rev.) cancelling the lease of the plaintiffs on 15.8.85 is void, illegal and not binding on the plaintiffs. The case of the plaintiffs‑opposite parties was that the land in suit measuring 78.23 acres in plot No..Category: Property Law | Date: | Hits: 72
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. ......tion 25B of the Special Powers Act, 1974 and sentenced to suffer RI for 4 years each and to pay a fine of Tk. 10,000.00 in default, to suffer RI for a further period of 1 year each. 2. Prosecution case, in nutshell, is that the informant Md. M6tahar Ali Sk. SI of Police, received a secret informa..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. ......uit No. 43 of 1966. 2. The present respondent as plaintiff instituted the above suit for declaration of his title in the disputed land described in the second schedule of the plaint. Plaintiff’s case is, inter alia, that the lands of the 1st schedule were patit 25/26 years back and out of the s..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.......intiff, has filed a written objection against the aforesaid application filed under Order 7, rule 10 of the Code of Civil Procedure denying the material allegations made in the application. It is his case that if the provisions of the section of Admiralty Court Act, 1861, are considered together, it..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. ......ction 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 cases). Mozammel Hossain, Advocate ‑ For Opposite party (In both the cases). Civil Revision ..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. ......ppeal being 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 b..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. ...... in the Code to an aggrieved party the inherent power shall not be exercised under section 151 C.P.C. 4. Mr. Miah Abdul Gafur does not dispute the principle of law. But in the farts of the present case, the learned Advocate submits that the Court has sufficient authority to rectify its own mistak..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.
......ks to rectify the register by removing the Trade Mark 'Cock' registered under No. 1294 in class‑34 in respect of safety matches in the names of Respondent Nos. 1 and 2.
2. Before considering the case of the parties let me narrate the history of the case which ultimately has given rise to the pr..
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.......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. 9 dated 15.8.88 corresponding to GR case 149 of 1988 should not be quashed. 2. Facts giv..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....... contest in preliminary form on 24.3.78 and final decree was passed on 30.11.78 on receipt of the Advocate Commissioner’s report which formed part of the decree. The defendant filed Title Execution case No. 36 of 1976 and obtained through Court delivery of possession of his 8 annas share in the pr..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. ...... petition denying the allegations. He claimed that peaceful condition prevailed in both the centres and the voters freely exercised their right of franchise. 4. The Election Tribunal dismissed the case on a finding that opposite party No. 1 failed to prove his allegations. 5. The unsuccessful ..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.......is rifle whereupon the informant party had dispersed and then the accused persons departed from the place of occurrence. Shahabuddin was found lying with bleeding injury and subsequently he died. The case was initially investigated by the police of Raipura Police Station and eventually CID took over..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. ......earing. 2. The learned Subordinate Judge held, that the application filed by the Government was not in conformity with the requirements of Order 38, rule 5 and also because of the judgment in the case of M/s. United Venture Navigation Co. Ltd. Vs. Samudrajatra Shipping Lines, 28 DLR 231 the lear..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.......azle Ahmed J. - Condemned Prisoner Mohammad Ali Kibria alias Shahjahan along with Meherunnessa and Md. Yusuf Ali wore placed on trial before the Additional Sessions Judge, 3rd Court, Dhaka in Session case No. 9 of 1986 to answer a charge under sections 302/109 of the Penal Code. Condemned prisoner S..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. ......M 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 case which was allowed by the learned Munsif. 2. The point that falls for determination by this C..Category: Property Law | Date: | Hits: 95
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