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Bangladesh Inland Water Transport Corpn & ors Vs. Nazma Flour Mills Ltd. & others, 1991, 20 CLC (AD)

....se under section 73 of the Evidence Act. We find no substance in this appeal and it is, accordingly, dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 122. ......al Court on 1.11.89 by observing that there was no good reason for sending the documents for expert examination before the taking of evidence. After recording of evidence the defendants renewed their prayer for examination of the documents by an expert by filing an application on 2.6.90. That applic..

Category: Procedural Law | Date: 30 Jan, 1991 | Hits: 108

Baneazuddin Ahmed and others Vs. The State, 1991, 20 CLC (AD)

.... on bail already granted, till disposal of the Criminal Revision No. 21 of 1989 pending before the High Court Division, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 123. ......898), Section 498 Whether in view of the ad interim bail granted by the lower Appellate Court to move the High Court Division in revision, the High Court Division acted properly in refusing the prayer for bail and at the same time directing the appellants to surrender after 29.1.89 and file a ..

Category: Criminal Law | Date: 15 Jan, 1991 | Hits: 42

Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)

.... The application is thus allowed. Mr. Nayeem prays for stay of operation of this judgment for four weeks. The prayer is allowed. Ed. This Case is also Reported in: 43 DLR (1991) 99. ..............................................Petitioner Vs. M/s. Crescent Apparels (Private) Ltd. and others...............Respondents Judgment December 19, 1990. Result: The prayer is allowed. Annual General Meeting, once a year According section 81 of the Compan..

Category: Company Law | Date: 19 Dec, 1990 | Hits: 195

Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)

....k is to avoid a clutter which cannot be used as a sorting device for ascertaining facts at the last court of the country. Ed. This Case is also Reported in:  43 DLR (AD) (1991) 144. ......o evidence was led how the ten IPOs were absorbed held that the plaintiff could not claim to be absorbed as an IPO without having the requisite qualifications. 7. On appeal the plaintiff’s prayer for declaring the order of transfer as bad was rejected, but his other prayer with regard to ..

Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112

Tayeb Ali Vs. Abdul Khaleque and others, 1990, 19 CLC (AD)

....any time the present suit is not maintainable without a prayer for partition. Hence the appeal is dismissed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 87. ......f title to an unspecified share of an undivided plot of land and there being no evidence that the donor thereof was in exclusive possession at any time, the present suit is not maintainable without a prayer for partition. Lawyers Involved: N H Khandkar, Advocate-on-Record-For the Appellan..

Category: Property Law | Date: 27 Nov, 1990 | Hits: 47

Karimunnessa Begum Chowdhurani and others Vs. Niranjan Chowdhury and another, 1990, 19 CLC (AD)

....n, as allowed by the High Court Division, is found to have been rightly allowed. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ...... the holdings was shown separately in the kabala. The petitioner deposited the consideration money for the four holdings he prayed for by way of pre‑emption; there was no difficulty in allowing his prayer for pre-emption of the four holdings as pre‑emption is preferable holding-wise. This pre‑..

Category: Property Law | Date: 1 Nov, 1990 | Hits: 40

Sharif (Mohd) Vs. Mohd Obaidur Rahman & others, 1990, 19 CLC (HCD)

....155 of 1989 shall be kept intact and the further evidence which will be adduced by the petitioner shall be recorded by the Magistrate. Ed. This Case is also Reported in: 43 DLR (1991) 66. ......e accused respondents under section 342 Cr.P.C. The case was adjourned. Thereafter on 12.5.1990 the accused respondents filed an application under section 344 of the Code of Criminal Procedure with a prayer for staying further proceeding of CR Case No.15 5 of 1989 on the ground that the counter case..

Category: Criminal Law | Date: 21 Aug, 1990 | Hits: 80

Wajear Rahman Moral (Md) Vs. The State, 1990, 19 CLC (AD)

....eal is dismissed with the modification of sentence, that is, the sentence of death is altered to that of imprisonment for life. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 25. ......er section 265 K (2) of the Code of Criminal Procedure and he merely begged mercy of the Court. He did not challenge the prosecution case or asserted that his confession was extorted from him nor any prayer was made either for recalling PWs. 15 and 16 who had been examined in his absence or for his ..

Category: Criminal Law | Date: 20 Aug, 1990 | Hits: 84

State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)

....nder section 201 is set aside. The respondents are directed to surrender forthwith and serve out the sentence imposed upon them. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 44. ...... of P.W.2, Ali Akbar, an eye‑witness of the occurrence is that he, Abdul Hakim, ldris Talukder and Emdad Hawlader (respondent No.3) and one Eusuf Boyati Patuakhali by a boat on way home before Asar prayer time. He and ldris left the boat on the west bank of Jainkathi Katakhali Khal and started for..

Category: Criminal Law | Date: 9 Aug, 1990 | Hits: 50

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. ......ven either to the respondent or to his learned advocate and thus the respondent was prevented from appearing in the Court when the suit was called on for hearing on 3.1.78. The petitioner opposed the prayer, inter alia, on the ground of limitation. 2. The teamed Subordinate Judge by order date..

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

Afruz Miah (Md) and another Vs. Alhaj Md. Siraj Miah, 1990, 19 CLC (AD)

.... present case, the same suffers from no illegality. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 89. ...... and also by introducing a new and different subject‑matter altogether. The proposed amendment will change the entire complexion of the suit, he contends. Also, there is a delay of 10 months in the prayer for amendment from the date of disclosure. The proposed amendment will widen and enlarge the ..

Category: Procedural Law | Date: 5 Aug, 1990 | Hits: 91

Badsha Mia and others Vs. Abdul Latif Majumder and others, 1990, 19 CLC (AD)

....ond forthwith. The Deputy Commissioner, Comilla will report compliance of the order of this Court within 2(two) months from date. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 10. ......ith the peaceful possession of the plaintiffs in the suit land, except the land of Plot No. 255. The High Court Division after hearing the parties by an order dated 7.1.82 allowed the plaintiffs' prayer for temporary injunction. 3. This order of injunction as granted by the High Court Divis..

Category: Criminal Law | Date: 30 Jul, 1990 | Hits: 59

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. ...... the defendants but the learned Subordinate Judge rejected the applications for time and took up the matter for hearing and after hearing the parties on the application for expert opinion allowed the prayer of the, plaintiff‑petitioner by an order dated 18.8.84. 4. Against that order the def..

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

Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)

.... by the learned Additional Sessions Judge in Revision Case No.381 of 1985 is hereby quashed. Send down the records expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 60. ......ted accused ldris Ali. Thereafter the opposite party No. 2 filed Miscellaneous Case No.5 or 1984 on 18.5.84 before the Additional Deputy Commissioner (General), Dhaka under section 522 Cr.P.C. with a prayer for restoring him possession of the disputed land and by an order passed on 3.5.84 the Additi..

Category: Criminal Law | Date: 27 Jun, 1990 | Hits: 110

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. ......e case to ensure free and fair election but this power is subject to the Election Rules. Petitioner raised no objection to any of the Presiding Officers to his counting the ballot papers nor any prayer for recounting was made. After Returning Officer consolidated the results and declared the Re..

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

Dr. Naimur Rahman and another Vs. Shahbazpur Tea Co. Ltd and another, 1991, 20 CLC (AD)

....erve any useful purpose. 12. In the result, these appeals are dismissed with the observation made above. In the facts and circumstances of the case there will be no order as to costs. Ed. ......ellants, however, feel that as of today new or continuing grounds and materials exist for filing fresh applications for winding up, the appellants can do so on new or continuing causes of action. The prayer for revival of the old applications for fresh consideration upon evidence, in our opinion, wi..

Category: Business or Commercial Law | Date: 19 Jun, 1990 | Hits: 124

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. ......ster for total 1300 shares. In the facts and circumstances of the case I pass no 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. ..

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

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. ......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. ..

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)

....jit Sen, the learned Advocate for the respondent No. 10, the elected Chairman has submitted that this Writ Petition is not maintainable to decide disputed question of facts and the petitioner has got alternative remedy before the Election Tribunal to ventilate his grievance after adducing evidence i......o.10 in the Official Gazette on 19.4.1990 and correction of his name on 30.4.90 (Vide Annexures VII and VIII to the application for vacating stay). We also find that the petitioner without making any prayer for recounting before the Presiding Officers and Returning Officer and without lodging any co..

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

AH Shamsuddin Ahmed Vs. Begum Arafat & others, 1990, 19 CLC (HCD)

..... In the result, the Rule is discharged. However, there will be no costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 52. ......ossession as well as validity and inoperativeness of the deed of gift. But he did not agree with the learned Munsif as to maintainability of the suit and held that the suit was maintainable without a prayer for cancellation of the deed of gift which was the foundation of the mutation case. 6. M..

Category: Property Law | Date: 22 May, 1990 | Hits: 111