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Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)
....,000.00 (Tk. five thousand) only as damages. In the result, the appeal is allowed. Since there is no appearance we do not award any costs. Ed. This Case is also Reported in: 43 DLR (1991) 314....... Anwarul Hauqe Chowdhury J Abdus Sobhan…………………......................Appellant Vs. Harekrishna Kundu and another............Respondents. Judgment September 1, 1988. Lawyers Involved: Abdus Sobhan, the appellant appears in person. Not represented-the Opposite ......,000.00 (Tk. five thousand) only as damages. In the result, the appeal is allowed. Since there is no appearance we do not award any costs. Ed. This Case is also Reported in: 43 DLR (1991) 314...Category: Civil Law | Date: | Hits: 89
Mojibur Rahman Sarker and others Vs. Shafiqul Islam and others, 1991, 20 CLC (HCD)
....amendment of the application for pre‑emption. There being no appearance from the side of the opposite party, I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 313. ......ikash Roy Choudhury J Mojibur Rahman Sarker and others...............Petitioners Vs. Shafiqul Islam and others...........................Opposite Parties. Judgment February 7, 1991. Lawyers Involved: Bazlur Rahman Talukder, Advocate ‑ For the Petitioner. Not represented-the......allenged from the side of the opposite parties. The learned Assistant Judge does not appear to have at all applied his mind to the said aspect of the pre‑emptor's case. The power of the Court under Order 6 rule 17 of the Code of Civil Procedure is, no doubt, discretionary but the same must be exer..Category: Procedural Law | Date: | Hits: 81
Zulfiquar Ali Bhutto Vs. State, 1991, 20 CLC (HCD)
....cussed above, the prayer for anticipatory bail is allowed for a period of one (1) month from date. This Rule is made absolute accordingly. Ed. This Case is also Reported in: 43 DLR (1991) 312...........................Opposite Party. Judgment February 12, 1991. Cases Referred to- Sh. Zahoor Ahmed Vs. State, PLD (1974) Lahore 256; Golam Sarwar Kamal Vs. State, 1985 BLD (AD) 110. Lawyers Involved: Khandker Mahbub Hossain with Khandker Gulzar Hossain, Advocates ‑For the Peti......cussed above, the prayer for anticipatory bail is allowed for a period of one (1) month from date. This Rule is made absolute accordingly. Ed. This Case is also Reported in: 43 DLR (1991) 312...Category: Criminal Law | Date: | Hits: 61
Government of Bangladesh Vs. Abdul Wahid Sheikh (dead) his heirs & others, 1990, 19 CLC (HCD)
....gment delivered by the learned Subordinate Judge also abates. The appeal is, accordingly, disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 308. ......Mia & others Vs. Ali Hossain Bhuiyan and others BCR 1984 (AD) 60; Afar Ali & others Vs. Salek Ali & others, BCR 1985 (AD) 29; Bangladesh and another Vs. Md. Salimullah, 35 DLR (AD) 1. Lawyers Involved: Md. Shamsul Alam, Deputy Attorney General with Obaidur Rahman, Assistant Attorn...... a fair and equitable rent. 7. With the emergence of Bangladesh as an independent country the law embodied in those two sections has undergone significant changes. On 4th November, 1972 Presidents Order No. 135 of 1972 was promulgated substituting in place of the old section 86 a new section 86, ..Category: Property Law | Date: | Hits: 77
Haque and Company Limited Vs. M/s. Western Soap Factory and others, 1990, 19 CLC (HCD)
....in favour of the respondent No. 1 is set aside and the Trade Mark Registry be rectified accordingly. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 304. ........Respondents. Judgment April 4, 1990. Cases Referred to- Chiswick Products Ltd. Vs. The Registrar of Trade Marks, Karachi and another, PLD 1975 (Kar) 421; 1899 Appeal Cases page 428. Lawyers Involved: Asrarul Hossain, Advocate ‑ For the Petitioner. Abdur Rashid Khan, Advocat......in favour of the respondent No. 1 is set aside and the Trade Mark Registry be rectified accordingly. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 304. ..Category: Intellectual Property Law | Date: | Hits: 219
Rustom Ali Vs. Jamila Khatun, 1990, 19 CLC (HCD)
....all be modified accordingly and all other reliefs granted by them shall remain undisturbed. The parties shall bear their respective costs. Ed. This Case is also Reported in: 43 DLR (1991) 301.......mmad Bashir, Defendant‑respondent, PLD, 1958 (WP) (Lahore), 596; A Fulteh Moulvie, defendant Vs. Zabunnessa Khatun, plaintiff, Indian decision (Cal) 1881, Vol‑III and ILR 6 and 7 Calcutta 631. Lawyers Involved: Gour Gopal Saha, Advocate- For the Petitioner. Mvi. Md. Wahidullah, Advocate......ast maintenance as well. He has also placed reliance on a decision reported in ILR 1958 TC 690. 7. Section 278 of Mulla's Principles of Mohamedan Law (Eighteenth Edition) runs as follows: "278. Order for maintenance.- If the husband neglects or refuses to maintain his wife without any lawful c..Category: Family Law | Date: | Hits: 253
Captain Shamsul Alam Chowdhury Vs. Shirin Alam Chowdhury, 1991, 20 CLC (HCD)
....l made by the petitioner under section 17 of the Family Courts Ordinance on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 297.......hury..........................Opposite Party. Judgment January 24, 1991. Result: The Rule is made absolute. Case Referred to- Moinuddin (Md.) Vs. Amina Khan Majlish, 42 DLR 483. Lawyers Involved: Md. Fazlul Karim with Kazi Anowar Hossain, Advocates ‑For the Petitioner. ......the defendant appeared and filed a written statement and the suit was fixed for pretrial hearing on 4.3.87. The defendant‑appellant filed an application for amendment of the written statement under Order 6 rule 17 of the Code of Civil Procedure but the Family Court by its order dated 1.4.8 rejecte..Category: Family Law | Date: | Hits: 230
AHM Kamaluddin another Vs. The State, 1989, 18 CLC (HCD)
....the result, the application is summarily rejected. Let a copy of this judgment be sent to the Court of the Divisional Special Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (1991) 294. ......an J Mohammad Ismailuddin Sarker J AHM Kamaluddin another……………….Petitioners Vs. The State....................................Opposite Party. Judgment August 21, 1989. Lawyers Involved: Abdul Wadud Khandker, Advocate ‑ For the Petitioner. Not represented-the O......the result, the application is summarily rejected. Let a copy of this judgment be sent to the Court of the Divisional Special Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (1991) 294. ..Category: Criminal Law | Date: | Hits: 63
Abdul Hakim and others Vs. The State, 1990, 19 CLC (HCD)
....dingly discharged. The stay granted earlier is hereby vacated. The proceeding is to continue. Inform the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 291, 43 DLR (1991) 389. ................................Opposite Party. Judgment February 15, 1990. Cases Referred to- Zeheda Bewa and another Vs. The State, 37 DLR at page 66; AIR 1936 Privy Council at page 253. Lawyers Involved: Lutfur Rahman Mondal, Advocate ‑ For the Petitioner. Not represented-the O......dingly discharged. The stay granted earlier is hereby vacated. The proceeding is to continue. Inform the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 291, 43 DLR (1991) 389. ..Category: Criminal Law | Date: | Hits: 74
....lt this appeal is allowed and the suit is dismissed. In view of 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) 286.
......) 595; Pearl Insurance Co. Vs. Alina Ram, AIR 1960 (Panjab) 236; Vulcan Insurance Co. Vs. Maharaj Singh, AIR 1976 SC 287; Wazir Chand Mahraj and another Vs. The Union of India, AIR 1967 (SC) 990.
Lawyers Involved:
AR Yusuf, Advocate ‑ For the Appellant.
Md. Asrarul Hossain with Iftekhar ......on of India, AIR 1967 (SC) 990.
Lawyers Involved:
AR Yusuf, Advocate ‑ For the Appellant.
Md. Asrarul Hossain with Iftekhar Ahmed, Advocates ‑For the Respondent.
Appeal from Original Order No. 144 of 1986.
Judgment
Mohammad Ismailuddin Sarker J.- This appeal under section 39(1..
Category: Alternative Dispute Resolution | Date: | Hits: 170
....tion. The rule is accordingly discharged without any order as to costs.
The order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 43 DLR (1991) 282.......Mia Vs. Khadem Ali Mia, 29 DLR (SC) 311; Sultan Ahmed Vs. Puma Chandra Karmakar and others, 28 DLR 131; Alokeshi Bank Vs. Aftabuddin, 13 DLR 871; Daguram Mandal Vs. Omela Sundari Bewa, 12 DLR 626.
Lawyers Involved:
Khandker Mahbubuddin Ahmed with Md. Shahidul Alam Chowdhury, Advocates‑For th......s were created with ulterior motive.
4. It is also the case of the petitioner that after filing of their written statement the plaintiff opposite parties filed an application on 17‑11‑87 under Order 6, rule 17 of the Code of the Civil Procedure for amendment of the plaint. That petition for a..
Category: Property Law | Date: | Hits: 146
Abdur Rashid Vs. State, 1990, 19 CLC (HCD)
....fusing to refer the case under section 438 Cr.P.C. by the impugned order. We find no merit in the case. The Rule is, accordingly, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 279.......thers, 28 DLR 1; Abdus Salam Master alias Salam and another Vs. The State, 36 DLR (AD) 58; Falak Sher and others Vs. State, 19 DLR (SC) 426; Abdul Hossain Sana Vs. Swalal Agarwala, 14 DLR (SC) 96. Lawyers Involved: Syed Ziaul Karim, Advocate ‑ For the Petitioner. AKM Zahirul Huq with MA R......efore is not an end of the whole matter, Acceptance of the "Final‑Report" necessarily results in the release of the accused from Custody or from bail bond, as the case may be, and the N4agistrate's Order releasing the accused is ordinarily referred to as an order of "discharge" although the term "..Category: Criminal Law | Date: | Hits: 66
Birendra Nath Chakraborty Vs. Subal Chandra Biswas and others, 1981, 10 CLC (HCD)
....istrict Judge is directed to dispose of the Misc. Appeal within one month of the arrival of the records after intimation arrival of the same. Ed. This Case is also Reported in: 43 DLR (1991) 276.......ed to- Salimuddin Mondal Vs. Mohitosh Biswas, 14 DLR 796; Diam‑Hossain Vs. Haran Das, 13 DLR 283; Asimannessa Vs. Md. Asebar Sheikh, 19 DLR 659; Tamizuddin Ahmed Vs. Gu1jan Bibi; 26 DLR 93. Lawyers Involved: SS Halder, Advocate ‑ For the Petitioner. BN Chowdhury with Kazi Ebadul Hu......istrict Judge is directed to dispose of the Misc. Appeal within one month of the arrival of the records after intimation arrival of the same. Ed. This Case is also Reported in: 43 DLR (1991) 276...Category: Property Law | Date: | Hits: 78
Dilip @ Siddiqur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....ants are affirmed. The appellants 3‑9 who are on bail are directed to surrender to their bail bond to serve out their remaining sentence. Ed. This Case is also Reported in: 43 DLR (1991) 269. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦...............Respondent. Judgment April 10, 1990. Cases Referred to- 12 DLR (SC) 289; 15 DLR (SC) 66; PLD 1967 (SC) 16; BCR 1987 (AD) 85. Lawyers Involved: Serajul Huq, with Md. Munsurul Hoq Chowdhury and ABM Golam Majid, Advocates- Fo......ants are affirmed. The appellants 3‑9 who are on bail are directed to surrender to their bail bond to serve out their remaining sentence. Ed. This Case is also Reported in: 43 DLR (1991) 269. ..Category: Criminal Law | Date: | Hits: 61
State Vs.Joynal Abedin and another, 1990, 19 CLC (HCD)
....are of the opinion that no case for contempt is made out against any of the contemners in this case. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 261. ......i Sarker J Abdul Hasib J State...................................................Petitioner Vs. Joynal Abedin and another......................Other Party. Judgment May 17, 1990. Lawyers Involved: M Shamsul Alam, Deputy Attorney General with AKM Zahirul Haque, Advocate ‑For......are of the opinion that no case for contempt is made out against any of the contemners in this case. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 261. ..Category: Criminal Law | Date: | Hits: 64
....formance of contract is dismissed.
There will, however, be no order as to costs. Let the lower Court's records be sent down immediately.
Ed.
This Case is also Reported in: 43 DLR (1991) 256.
......ical Industries Corporation & others................Appellants
Vs.
Grand Basia Company Limited & others ...................................Respondents.
Judgment
March 12, 1990.
Lawyers Involved:
M Zahir with Ferdousi Shahab, Md. Firoz Shaha and FKMA Mahabub, Advocates ‑ F......nnery and as such the plaintiff is entitled to a decree as he is the purchaser of Ferdous Tannery along with its all assets wherever situated.
4. On 8.2.84 the plaintiff filed an application under Order 6, rule 17 of the Code of Civil Procedure for amendment of the plaint. In the aforesaid applic..
Category: Property Law | Date: | Hits: 73
Mosharraf Hossain Mia Vs. Mosammat Hasina Begum and others, 1990, 19 CLC (HCD)
....mpugned order of the learned Subordinate Judge is set aside. The learned Subordinate Judge should dispose of the suit as early as possible. Ed. This Case is also Reported in: 43 DLR (1991) 254. ......r J Abdul Hasib J Mosharraf Hossain Mia ...................................Petitioner Vs. Mosammat Hasina Begum and others...............Opposite Parties. Judgment May 13, 1990. Lawyers Involved: Abdul Quiyum, Advocate ‑ For the Petitioner. Abdus Sobhan, Advocate ‑ Fo......lient. The contention of the learned Advocate seems to be correct. 5. Mr. Abdul Quiyum, the learned Advocate for the petitioner, submits that the Court has power and authority to make arrest under Order 38 rule I C.P.C. but the present order of arrest does not come within the purview of that rule..Category: Property Law | Date: | Hits: 85
State Vs. Kalu Bepari, 1990, 19 CLC (HCD)
....nviction of the condemned prisoner under section 302 of the Penal Code is upheld but the sentence of death is altered to life imprisonment. Ed. This Case is also Reported in: 43 DLR (1991) 249. ...... Bimalendu Bikash Roy Choudhury J Md. Mozammel Hoque J State...........................Petitioner Vs. Kalu Bepari...................Opposite Party. Judgment January 30, 1990. Lawyers Involved: M Shamsul Alam, Deputy Attorney‑General with Obaidur Rahman Mostafa, Assistan......nviction of the condemned prisoner under section 302 of the Penal Code is upheld but the sentence of death is altered to life imprisonment. Ed. This Case is also Reported in: 43 DLR (1991) 249. ..Category: Criminal Law | Date: | Hits: 81
Shamsul Haque (Md.) Vs. The State, 1990, 19 CLC (HCD)
....is, therefore, summarily rejected and consequently the petition of appeal in connection therewith is also rejected as barred by limitation. Ed. This Case is also Reported in: 43 DLR (1991) 247. ...... Rahman Gul Vs. The State, 23 DLR (Peshwar) 12; Rustom Ali Mia Bhuiyan Vs. The State, 9 DLR 424; Abul Hossain and others Vs. The State, 37 DLR 59; Bangladesh Vs. Shahjahan Seraj, 32 DLR (AD) 1. Lawyers Involved: Md. Abdul Majid, Advocate ‑ For the Petitioner. Md. Sajjad Ali Chowdhury, ......h Vs. Shahjahan Seraj, 32 DLR (AD) 1. Lawyers Involved: Md. Abdul Majid, Advocate ‑ For the Petitioner. Md. Sajjad Ali Chowdhury, Assistant Attorney General ‑ For the State. Courts Order No. 1 of 1990 Judgment Muhammad Ansar Ali J. - This is an application for condonation of..Category: Criminal Law | Date: | Hits: 70
Idris and others Vs. The State, 1990, 19 CLC (HCD)
....titioner No. 1. The accused petitioners are directed to surrender to their bail bonds and to serve the remaining period of their sentence. Ed. This Case is also Reported in: 43 DLR (1991) 245....... Mahmudur Rahman J Idris and others ....................................Petitioners Vs. The State .............................................Respondent. Judgment February 1, 1990. Lawyers Involved: MA Jalil, Advocate ‑ For the Petitioners. AQ Rashid, Advocate ‑For the S......titioner No. 1. The accused petitioners are directed to surrender to their bail bonds and to serve the remaining period of their sentence. Ed. This Case is also Reported in: 43 DLR (1991) 245...Category: Criminal Law | Date: | Hits: 66
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