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Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
....peal is dismissed in terms of Clause 36 of the Letters Patent without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 45. ......948/43 of 1950 and ever since they are in possession. It is argued that the plaintiffs continued in possession on the basis of orders obtained by the plaintiffs from the Court staying defendant's proceedings for restitution under section 144 of the Civil Procedure Code. The learned Advocate for ..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
Md. Suruj Mia Vs. Katu alias Abdul Latif & others, 1984, 13 CLC (HCD)
....dditional Sessions Judge is directed to proceed with the case in accordance with law. Mohammad Abdul Rouf J.—I agree. Ed. This Case is also Reported in: 36 DLR (HCD) (1984)102. ......Revision No. 140 of 1983. Judgment Sultan Hossain Khan J.—These two rules have arisen out of an order passed by the learned Additional Sessions Judge, 2nd Court, Comilla, treating the proceeding of Sessions Case No. 369/1982 as stopped and releasing the accused persons under section ..Category: Procedural Law | Date: 18 Jan, 1984 | Hits: 132
Nazir Ahmed & others Vs. The State, 1984, 13 CLC (HCD)
....against the accused petitioners has been made out. It would be seen at the time of trial whether the prosecution is able to substantiate the charge against the accused persons. There is no ground for quashing the criminal Proceeding against the accused persons. In the result the Rule is dischar......State. Criminal Revision No. 83 of 1981. Judgment Mohammad Habibur Rahman J. - This Rule was issued on 23-2-81 upon the Deputy Commissioner, Chittagong asking him to show cause why the proceeding in Sessions Trial Case No. 569 of 1979 pending in the 1st Court of Additional Sessions Ju..Category: Criminal Law | Date: 3 Jan, 1984 | Hits: 2
I.C.I. (Bangladesh) Ltd Vs. M/s. G. K. Brothers, 1983, 12 CLC (HCD)
.... registered through the trial court in accordance with law. Syed Mohammad Ali J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 114 ...... provision of Article 4 of President's Order No. 12 of 1972 the period between 1.3.71 to 1.3.72 (both days inclusive) shall be excluded computing the period of limitation prescribed for any legal proceeding. If this period is excluded, the suit is well within time even from the date of contract ..Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8
Shamsul Huda & others Vs. Alauddin & Taiwa Tex¬tile Mills Ltd, 1983, 12 CLC (HCD)
....ting held on or before 31.12.1983 shall be deemed to have been duly held 19th annual general meeting of the company. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309 ......he question of transfer of shares from Taiwa to Sigma International Inc was mooted first in the 15th annual general meeting of the company (held on 25.6.79. The relevant portion of the proceedings of the said meeting (An-nexure 3) is as follows :— "7. With the permissi..Category: Company Law | Date: 24 Nov, 1983 | Hits: 4
Sultan Ahmed and others Vs. Md. Islam & others, 1983, 12 CLC (HCD)
....tly allowed. In the result, the appeal is dismissed without any order as to costs. Syed Mohammad Ali J. —I agree. Ed. This Case is also Reported in: 36 DLR (1984) 81. ......therwise than by such admission." 18. Section 141 C.P.C. provides that the procedure provided in the C.P.C. in regard to suits shall be followed, as far as it can be made applicable, in all proceedings in any Court of Civil jurisdiction. The above quoted provisions of Orders 8 and 14 there..Category: Property Law | Date: 20 Nov, 1983 | Hits: 88
Md. Taheruddin Vs. Abul Kashem & others, 1983, 12 CLC (HCD)
....et the L.C. records be sent down to Sessions Judge, Naogaon at once for necessary action. Muhammad Abdul Wahab J. I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 107. ...... fully appreciate when and under what circumstances an order of acquittal can be passed. 4. If, before framing the charge the Sessions Court considers that there is no sufficient ground for proceeding against the accused, then it shall discharge the accused and record the reasons for so do..Category: Criminal Law | Date: 19 Nov, 1983 | Hits: 4
Abdul Hamid Vs. Dbakeswari Cotton Mills Ltd. & others, 1983, 12 CLC (HCD)
.... the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 257; 4 BLD (1984) (HCD) 54. ......ng up of companies shall apply to any scheduled industrial enterprise and such industrial enterprise shall not be wound up sake by order of the Government and in such manner as it may direct. (3) All proceedings for the winding up of any scheduled industrial enterprise which immediately before the c..Category: Company Law, Corporate Law | Date: 16 Nov, 1983 | Hits: 5
Mukhlesur Rahman Vs. Shaukat Ali & others, 1983, 12 CLC (HCD)
....ter giving the parties an opportunity to re-argue the appeals afresh. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 285 ......;..(9) Under section 33 of the Evidence Act, evidence given by a witness before any person authorised by law to take it, is relevant for the purpose of proving in a subsequent judicial proceeding the truth of facts which it states, when the witness is dead or cannot be found or is inc..Category: Evidence Law, Property Law | Date: 15 Nov, 1983 | Hits: 3
Mortoza Elahi @ Tipu & others Vs. The State, 1983, 12 CLC (HCD)
.... proceed in accordance with law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 100. ......In this view of the matter we do not find any substance in any of the contention of the learned Advocate for the petitioners. In the result, the Rule is discharged. The order of stay for further proceeding of Sessions Case No.508 of 1982 is vacated. The Sessions Case No.508 of 1982 is now ..Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 1
Abdul Mannan Sarder & others Vs. The State, 1983, 12 CLC (HCD)
....the Special Power Act, as such whole proceeding is to be quashed. 5. Mr. M. S. M. Nasirul Islam the learned Advocate has appeared on behalf of the State. He submits that the application for quashing the proceeding is immatured inasmuch as no charge has been framed in the matter against acc...... Criminal Revision No. 30 of 1983. Judgment Abdul Matin Khan Chowdhury J.- This Rule was issued calling upon the Deputy Commissioner, Khulna and the Opposite Party to show cause why the proceedings of Sessions Case No.119 of 1982 pending before the learned Additional Sessions Judge Cou..Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 2
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....iff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 71 ...... of Accountant, Works Programme to the post of Assistant Accountant, under District Board, Mymensingh was without jurisdiction, ultra vires and against the principles of natural justice; (2) that the proceedings instituted against him by Memo dated 3.6.74 under the Local Council Servants (Effic..Category: Administrative Law | Date: 30 Oct, 1983 | Hits: 1
Abul Hossain & others Vs. The State, 1983, 12 CLC (HCD)
....Appellate Tribunal, Chittagong on 6-3-82 in Tribunal Appeal No.11 of 1980 is set aside. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 59. ......Section 29 of the Special Powers Act, 1974 provides that the provision of the Code (of Criminal Procedure), so far only as they are not inconsistent with the provision of this Act, shall apply to the proceedings of Special Tribunals. To prevent the abuse of the process Although this C..Category: Criminal Law | Date: 25 Oct, 1983 | Hits: 1
Mrs. Ummida Khan Vs. Salahuddin Khan & others, 1983, 12 CLC (HCD)
.... proceed in accordance with law and be concluded expeditiously. Abdul Matin Khan Chowdhury J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 117. ...... examination of the petitioner on commission at Dhaka was also rejected by the said order. As against that this Rule was obtained from this court when this Court was also pleased to stay further proceedings in the matter under dispute. 3. Mr. Molla Abdus Sattar the learned Advocate appeari..Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3
A.B.M. Hassan Kabir Vs. Umesh Chandra Dey & others, 1983, 12 CLc (HCD)
....of a proceeding under section 145 of the Code of Criminal Procedure and it directed against judgment and order dated 30 5.83 passed by the learned Sections Judge, Comilla in Criminal Motion No.158/83 quashing the proceeding under the aforesaid section drawn up by the learned Sub-Divisional Magistrat...... (Arising out of Criminal Motion No.158/83 of the Court of Sessions Judge, Conjilla) Judgment A.T.M. Afzal J. — This rule, at the instance of the 1st party-petitioner, arises out of a proceeding under section 145 of the Code of Criminal Procedure and it directed against judgment and ..Category: Criminal Law, Procedural Law | Date: 19 Oct, 1983 | Hits: 1
Khan Sons (a private Ltd. Company) Vs. Motor Vessel YIH SHEN and others, 1983, 12 CLC (HCD)
....er is allowed. Let the plaint be kept in the record. The petitioner can obtain a certified copy of the order.” Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 28. ......er is allowed. Let the plaint be kept in the record. The petitioner can obtain a certified copy of the order.” Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 28. ..Category: Admiralty Law or Maritime Law, Limitation Law | Date: 10 Oct, 1983 | Hits: 12
Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)
....thin the extended period. Let the records be sent back immediately by special messenger. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 1. ......lent their full support to the development plan the Corporation by publishing their consent in the Daily Azad on 35-7-83 and 30-7- 83. The appellant in his individual capacity has started the present proceeding without the consent of the general members of the Association with some ulterior motive. ..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
Md. Abdul Latif Vs. Md. Harunur Rashid, 1983, 12 CLC (HCD)
.... plaint, so long as the copyright of the plaintiff over the same remains under the law. Let the records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) 59. ...... the same in the market in May, 1980. The plaintiff applied for registration of his design of plastic siphon on 30.06.1980. The plaintiff is not entitled to commence or prosecute any section or other proceeding and to recover any damage in respect of making or using this design as the defendant manu..Category: Intellectual Property Law | Date: 6 Sep, 1983 | Hits: 223
Jaha Baksha Par Vs. Fazle Karim Biswas & others, 1983, 12 CLC (HCD)
....ffirmed without any order as to cost in the facts and circumstances of the case. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 87. ......e Judge, Additional Court, Jessore by his judgment of 28th October, 1967. As against that this appeal has been preferred before this Court and thereafter vide Civil Rule No.656(s)/69 dated 1.5.69 the proceeding of Title Execution Case No.7/69 of the 3rd Court of Munsif, Jessore, was stayed. 5. ..Category: Evidence Law, Property Law | Date: 23 Aug, 1983 | Hits: 4
Maqsood Alam Vs. KMJ Akbar, Commodore & others, 1983, 12 CLC (HCD)
....—For Opposite Party No.1. Kazi Shofiuddia Ahmed—For Opposite Party No.3. Criminal Revision No.285 of 1982. Judgment Mustafa Kamal J.- This Rule issued under section 361 A Cr.P.C is for quashing the proceedings in Sessions Case No.632 of 1981 pending in the 3rd Court, Additional Sessio......te Party No.1. Kazi Shofiuddia Ahmed—For Opposite Party No.3. Criminal Revision No.285 of 1982. Judgment Mustafa Kamal J.- This Rule issued under section 361 A Cr.P.C is for quashing the proceedings in Sessions Case No.632 of 1981 pending in the 3rd Court, Additional Sessions Judge, Dha..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27