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Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)
....2; A Casperz Vs. Kader Nath Sharbadhikari ILR 28 Cal 738; Afzal-Un-Nessa Vs. Abdul Karim ILR 47 Cal 1 (PC); Naba Kumar Debi Vs. Behari Lal Sen, ILR 34 Cal 902 (PC). Lawyers Involved: M H Khandker, Senior Advocate, Lutfar Rahman Mondal & A J Mohammad Ali, Advocates with him, instructe......ct and law, arrived at by the lower Appellate Court. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 55. ..Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115
Bijoy Kumar Basak Vs. Narendra Nath Datta & others, 1990, 19 CLC (HCD)
....ns reported in AIR 1963 (Pat) 353 and PLD 1955 PC 185. 8. Mr. Abdur Rahman Biswas, the learned Advocate appearing for the defendant opposite party No.1 by filing a counter affidavit on the other hand submits that the learned District Judge has not committed any error of law resulting in any err......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. ..Category: Property Law | Date: 11 Jul, 1990 | Hits: 67
Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)
....ul Gafur, Advocate-on-Record-For the Appellants (In Civil Appeal Nos. 13 and 14 of 1990). Khondkar Mahbubuddin Ahmed, Senior Advocate (SS Halder, Senior Advocate with him), instructed by Ranesh Chandra Maitra Advocate-on-Record-For the Appellant (In Civil Appeal No. 15 of 1990). Abdul Wad...... this Court after adjudication by the Courts below. With these words I concur with the decision given by my learned brother. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 28. ..Category: Limitation Law | Date: 25 Jun, 1990 | Hits: 176
....permanently absorbed there. This court in its revisional jurisdiction cannot reverse this finding of facts. It appears that the Bangladesh Agricultural Research Council and the Government, on the one hand, and the petitioner, on the other hand, accepted the position that the petitioner was a permane......reby set aside and those of the learned Munsif are restored although not on the same grounds.
There will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 44.
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Category: Employment/Service Law | Date: 20 Jun, 1990 | Hits: 74
Sher Ali Amir Ali Virjee Vs. Eastern Industries (Bangladesh) Ltd. and others, 1990, 19 CLC (HCD)
....e through the papers as referred to above. In naked eyes it appears that the signatures put in on the alleged instruments of transfer dated 30.1.86 in respect of transfer of 400 shares are not in the hand of the respondent No.3. It was written by somebody else. From the above, I find substance in th......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. ..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....- Thiru John Vs. Subramanyan, AIR 1977 SC 1724; Ramji Kumar Vs. Chouduri Nar Pal Sing, 34 IA‑27; Nur Mohd. Mallik Vs. Sudhir K. Biswas, 17 DLR 15 AIR 1966 (SC), pages 405 and 605; Madhap Ram Chandra Vs. Canara Banking Corporation, AIR 1941 (Mad) 354; New Citizen Bank Vs. Asian Assurance Co. ......ion'. Finding to this effect of the courts below is perfectly correct. All these appeals are therefore dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 34. ..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
Aga Kohinoor Alam Vs. State and another, 1990, 19 CLC (HCD)
....the Court or not. 11. Regarding the judgment of the Settlement Court we find that the Settlement Court did not give any finding as to the present allegation of forgery and cheating. On the other hand, the Settlement Court made clear observation that the petitioner Mostaque Hassan Mahmood should...... said to be without any basis nor the said proceeding can be held to be liable to be quashed. The Rule is accordingly discharged. Ed. This Case is also Reported in: 43 DLR (1991) 95. ..Category: Criminal Law | Date: 13 May, 1990 | Hits: 73
M/s. Rising Sun Traders Ltd. Vs. Chittagong Port Authority and another, 1990, 19 CLC (HCD)
....t based on evidence or no materials on record. 10. Mr. Saif Uddin Mahmud, the learned advocate appearing for the Chittagong Port Authority, respondent No. 1 in this case, on the other hand, submits that the learned Subordinate Judge rightly found the point of limitation against ...... the impugned Judgment of the learned Subordinate Judge is set aside and the award dated 14.12.1986 is made the Rule of the Court. Ed. This Case is also Reported in: 43 DLR (1991) 1. ..Category: Alternative Dispute Resolution | Date: 28 Mar, 1990 | Hits: 176
Bangladesh Leaf Tobacco Company Ltd. Vs. Md. Abdul Mannan and others, 1990, 19 CLC (HCD)
....Wazir Ali Industries Ltd. reported in 21 DLR (SC) 50. In support of his contention. Mr. Shafiqul Islam, the learned Advocate appearing on behalf of the plaintiff‑opposite parties, on the other hand, has submitted that since the petitioner purchased the suit land during the pendency of the sui......e learned District Judge is directed to dispose of the appeal on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 7. ..Category: Property Law | Date: 27 Mar, 1990 | Hits: 75
Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)
.... the expert deserve consideration like another evidence but such evidence has to be received with great caution……………… (26) Eklas Khan and or vs Prayesh Chandra Das and or BLD 1987 (AD) 142 cited It has been held that an expert’s opinion parti......e are set aside and the suit is accordingly dismissed. In 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) 18. ..Category: Property Law | Date: 15 Mar, 1990 | Hits: 66
Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....rigorous imprisonment for 5 years and to pay a fine of Tk. 5,000/‑ in default, to suffer rigorous imprisonment for one year. He further ordered that half of fine if realised be given to victim Kalachand. 2. Prosecution case may briefly be stated thus:‑ On 10‑6.84 at about evening tim......ected to surrender to his bail bond and to serve out the sentence. Appeal No.10 of 1985 is dismissed and order of acquittal is upheld. Ed. This Case is also Reported in: 43 DLR (1991) 87. ..Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65
Anisuzzaman Vs. State, 1990, 19 CLC (HCD)
....zen does not attract the provision of section 2 (1) of the Special Powers Act and a person cannot be convicted under section 16 for committing theft of such property. 14. Mr. Hasan, on the other hand, submits that the loss due to theft of the motors incurred was loss although apparently to the ......roject authority. In the result, I allow the appeal with the aforesaid observation. The appellant is released from his bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 35. ..Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86
Moynul Hasan and others Vs. Nazmul Haq @ Nazmul Hasan and others, 1989, 18 CLC (HCD)
....rder 9 rule 13 of the CPC was brought on 17.5.85. Therefore, the application was clearly barred by limitation. 7. Mr. Miah Abdul Gafur, the learned Advocate for the opposite party, on the other hand, submitted that the order sheet would show that no summons was at all issued for service upon t...... impugned order of the learned Subordinate Judge. In the result, the Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 82. ..Category: Limitation Law | Date: 28 Nov, 1989 | Hits: 219
Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)
....ritten and the signature of the guardian is found there. While he was Head Master of that Primary School, there was no document to show the age or date of birth of Uma Rani. 12. P.W.4 Sree Kartic Chandra Paul is the neighbour of the informant. It is stated by him that in the night following 15.2.......ce by us. In the result, this appeal is dismissed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ..Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153
Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)
..... 32 DLR (AD) 216; Khondoker Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1981 BLD (AD) 107=33 DLR (AD)154. Lawyers Involved: Md. Awlad Ali, Advocate— For Petitioner. Khandker Mahbubuddin Ahmed, Advocate—For Opposite Parties. Civil Revision No.452 of 1986.......inate Judge, Narayanganj is directed to dispose of T.S. No.56 of 1984 in accordance with law as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 357. ..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
Ananda and others Vs. State, 1989, 18 CLC (HCD)
....er section 376 read with section 4(b)(c)/9 of the Cruelly to Women (Deterrent Punishment) Ordinance, 1983 cannot be sustained. 6. Mr. A.Q. Raisuddin Ahmed, the learned Advocate, on the other hand, for the State submitted that the court below arrived at a finding of fact as to the abetment o......not wanted in connection with any other case. The suo motu Rule for enhancement is discharged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533...Category: Women and Children | Date: 24 May, 1989 | Hits: 143
Hazrat Ali & Abdur Rahman Vs. State, 1989, 18 CLC (HCD)
....use of Abdul Jabbar the informant came to learn that the injured persons went to the house of Dr. Golamuddin of village Titkur for treatment and that one of the injured persons had talk with P.W. Dipchand. The informant went to the house of Dipchand who, on being asked, reported that out of the said......emned prisoner Hazrat Ali with the modification of sentence of both the condemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ..Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152
....mstances of the instant case this decision will be helpful to the learned Advocate for the defendant‑petitioners.
10. Mr. M.A. Mannan, the learned Advocate for the opposite party, on the other hand, submits, referring to Order 20 rule 5 of the Code of Civil Procedure which has been amended by......order as to costs. The order of stay is vacated.
Let the suit be disposed of in accordance with law as expeditiously as possible.
Ed.
This Case is also Reported in: 43 DLR (1991) 79.
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Category: Employment/Service Law | Date: 18 Apr, 1989 | Hits: 87
Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
....Series Vol. 7 page; 34 AIR 1958 Punjab 335; ILR Pat, Vol. 25 412; Azad Jammu & Kashamir, PLD 1960 page 26; 265 DLR 490. Lawyers Involved: Habibul Islam Bhuiya, Advocate - For Appellant. Khandker Mahbubuddin Ahmed - For Respondent. Appeal from Original Decree No. 59 of 1981. Judgme......and the appeal is allowed without any order as to cost and the suit is dismissed. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 467...Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
Jalaluddin Ahmed Chowdhury Vs. State, 1988, 17 CLC (HCD)
.... Bird Vs. Jones, (1845) 7 Q.C. 742; P. Narasayya Pantula Vs. Capt. R.A.G. Stuart, (1865) 2 M.H.C.R. 396; Muthu Nadar, 1945 (Mad.) 313; Kunhi Bava vs. Emperor, 1929 (Mad.) 226; 1942 (Mad.) 723; Mallukhand Sheikh and another Vs. The King, AIR 1949 (Cal.) 104. Lawyers Involved: M. Fazlul K......der of conviction and sentence passed by the Additional Divisional Special Judge is right. In the result, I dismiss the appeal. Ed. This Case is also Reported in: 41 DLR (1989) 87. ..Category: Criminal Law | Date: 23 Mar, 1988 | Hits: 32
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