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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. ......me to the place of occurrence and heard about the same and also about recognisation of the assailants. It was further alleged in the FIR that the accused‑persons had enmity with the deceased over a dispute of ‘Koila Mahal' of Gendar‑Ghat since about 3 months prior to the occurrence. On the bas..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. ......on inadmissible evidence, Ext. 7, the written statement filed by the Government in Title Suit No. 63 of 1976 found that the Government admitted the lease of the plaintiffs and their possession in the disputed land. In repelling this contention Mr. Ruhul Amin appearing for the opposite parties conten..Category: Property Law | Date: | Hits: 72
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. ......xecution Case which was disposed of by the Executing Court by the order under appeal on the ground that the decree was fully satisfied as one of the decree‑holders got delivery of possession of the disputed building on the reasoning that no appeal lies from such order of the Executing Court. 2...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. ......led principle of law that where a legal remedy is provided for 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 tha..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.
......spect 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 present dispute between the parties. As back as in the year 1953 one Abdul Sattar Ahmed and Begum Ashrafunes..
Category: Intellectual Property Law | Date: | Hits: 264
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.......er 7 rule 11 (d) of the Code of Civil Procedure which provides that the plaint shall be rejected where the suit appears from the statements in the plaint to be barred by any law. Thus there can be no dispute about the principle of law as laid down in the case reported in 35 DLR 217 that plaint can b..Category: Procedural Law | Date: | Hits: 86
Enamul Huq (Md) & 2 others Vs. Syndicate, University of Dhaka, 1990, 19 CLC (HCD)
....he Writ Jurisdiction, with the impugned punishment given by the Syndicate. As a result, these three Writ Petitions are summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 507....... Liken against the petitioners in frolicsome manner and the same has got no rational basis and in that the impugned action has been taken mala fide. The learned Advocate also submits that there is no dispute that petitioners, at the relevant time, had been in the respective examination halls. No adv..Category: Others | Date: | Hits: 112
Farzana Huq Vs. Bangladesh, 1990, 19 CLC (HCD)
....t Narsingdi now detained in Dhaka Central Jail be set at liberty forthwith and to report compliance of the order to this Court within a week. Ed. This Case is also Reported in: 43 DLR (1991) 501.......eptember, 1987 formed the basis of the satisfaction of the detaining authority as to the necessity of the detention and those had a close link with the passing of the order of detention. It is not in dispute that the detenu has been in custody since 13.9.87 and so there has been a long gap of 2 ½ y..Category: Constitutional Law | Date: | Hits: 287
Nehal Uddin (Md.) and others Vs. Amena Khatun and others, 1990, 19 CLC (HCD)
....e. In the facts and circumstances of the case there will be no order as to costs. Let the lower Courts records be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 492.......rom the land in question is established by evidence. In the instant case there being no finding on discussion of evidence on record as to any such ouster of the contesting defendants 5 and 6 from the disputed suit‑property, the claim of title by adverse possession by the plaintiff cannot be legall..Category: Property Law | Date: | Hits: 71
Delta Jute Mills Limited and another Vs. Sonali Bank and others, 1990, 19 CLC (HCD)
....hout lawful authority and is of no legal effect. Considering the facts of the case, we, however, award cost against Respondent No. 2 only. Ed. This Case is also Reported in: 43 DLR (1991) 483. ......Ultimately respondent No. 1, by Memo No. 4904 dated 23.6.87 intimated the petitioner‑company that unless the petitioner company submits clearance certificate, from respondent No. 2 on settlement of disputes with them, no further drawing from the aforesaid cash credit account would be allowed from ..Category: Company Law | Date: | Hits: 213
Mir Amir Ali Vs. State, 1991, 20 CLC (HCD)
....uashed. It is hereby directed that the accused petitioner be discharged from his bail bond. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 250. ......o movable property". It was further held: "Without going into the question whether papers with regard to GP Fund can be treated as valuable property under section 405 PPC it is evident that the dispute between the parties is of a civil nature and the complainant resorts to use the Criminal Cou..Category: Criminal Law | Date: | Hits: 104
A M A Wajedul Islam Vs. State, 1993, 22 CLC (HCD)
....ion No.329 (R) 1993 is accordingly disposed of and the connected Rule being Criminal Revision No.3521(R)/1991 for bail is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 243. ......sh and register to the appellant before going for lunch. 8. Let us consider now whether court below was justified in holding the appellant guilty of the charge brought against him. 9. It is not disputed that the appellant was cash officer‑in‑charge of the cash of the National Bank Limited,..Category: Criminal Law | Date: | Hits: 91
Virginia Tobacco Co. Ltd. and others Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
....t the order No.8 dated 21.11.1985 has been made without any lawful authority. In the result, we make this Rule absolute. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 233. ...... apply to the Labour Court to enforce a right guaranteed or secured to him by a law or award or settlement. The Appellate Division also expressed similar view in the case of James Finlay. There is no dispute about the proposition of law as laid down in those cases as the same were filed in the Labou..Category: Labour and Industrial Law | Date: | Hits: 129
Bangladesh Vs. Md. Ishaque being dead his heirs Lakhaxmi Bibi and others, 1992, 21 CLC (HCD)
....r proceedings of Money Execution case No.24 of 1986 of the 3rd Court of Subordinate judge, Dhaka be stayed till 15th February, 1993. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 223. ......e same was received by the concerned Deputy Commissioner and the appeal was filed on 26.5.90 and as such the question of the appeal being barred by limitation did not at all arise. 6. There is no dispute that the original award was made 28.5.85 and the copy of the award passed on 28.5.85 was sen..Category: Property Law | Date: | Hits: 76
Abdul Matin Sarker Vs. Election Commission and others, 1993, 22 CLC (HCD)
....er as prayed for in Court after being certified by the Registrar of this Court by today as the election is due on 30th of this month. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 220. ......d as such the acceptance of the nomination paper is illegal and contrary to law. 5. Mr. Moudud Ahmed, the learned Counsel appearing for respondent No.4 submitted that in the instant case it is not disputed that the respondent No.4 paid the loan on 6.1.93 on the day of the scrutiny and that being ..Category: Election Law | Date: | Hits: 126
Surat Ali (Md) Vs. Administrator of Waqfs and others, 1991, 20 CLC (HCD)
....en passed without any lawful authority and are of no legal effect. In the result, the rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 218. ......aw to make the impugned orders dated August 14, 1985 and dated October 10, 1985. In this view of the legal position we hold that the Respondent No.1 transgressed his jurisdiction to hold "there is no dispute from any comer regarding existence of the mosque and as such the EC No.13274 will bear the B..Category: Trust/Waqf Law | Date: | Hits: 183
Siddique (Md) Vs. State, 1992, 31 CLC (HCD)
....e Special Tribunal, the prayer for registering the appeal for hearing on merit is rejected. In the result, the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 214. ...... Mr. Marfat Ali, the learned advocate, took a different stand in the matter asserting that the appeal is well within time and it requires admission for hearing on merit. The learned Advocate does not dispute that time for filing an appeal is 30 days from the date of judgment and order of the Special..Category: Criminal Law | Date: | Hits: 68
Anwara Rashid and others Vs. Deputy Commissioner, Dhaka and others, 1992, 21 CLC (HCD)
....by the respondent No.1. We are to see now whether approval of CLAC is a legal requirement for the acquisition of the said land. 13. It appears from Bangladesh Gazette published on 6.5.1976 that by resolution dated 27.4.76 Ministry of Land Administration, Local Government, Rural Development and Co...... the rules under judgment. In the result all the Rules are discharged without any order as to costs. Orders of stay stand vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 207. ..Category: Property Law | Date: | Hits: 79
Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)
....s concerned in the case. In the result, the rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ...... of birth as on 1st July, 1972. So according to the version of the petitioner the girl was below 16 years at the relevant time and according to the opposite parties she was above 18 years. There is a dispute as to whether the victim girl attained the age of 16 years or not on the date of occurrence ..Category: Criminal Law | Date: | Hits: 80
Abu Hossain and others Vs. Registrar of Trade Union and others, 1992, 21 CLC (HCD)
....lict with the equality clause of the Constitution, we find no substance in this application. In the result the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 192. ......do any skilled, unskilled, technical or electrical work whether the terms of employment be expressed or implied and for the purpose of any proceeding under this Ordinance in relation to an industrial dispute includes a person who has been dismissed, discharged, retrenched, laid off or as a consequen..Category: Labour and Industrial Law | Date: | Hits: 204
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