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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. ......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. ......Court in the absence of denial of allegations There being no specific denial of the incident as alleged by the respondents in their petition for issuing a Rule for contempt of Court the learned Judges of the High Court Division correctly found the appellants are guilty of Contempt of' Cour..Category: Criminal Law | Date: 30 Jul, 1990 | Hits: 59
....suit is dismissed on contest against the defendant No. 2 and 3 and ex parte against the rest. But there shall not be any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 558.
......suit is dismissed on contest against the defendant No. 2 and 3 and ex parte against the rest. But there shall not be any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 558.
......d suit against Mr. Narayan Chandra Paul the defendant No. 3, who, against the aforesaid decree, preferred an appeal being OC Appeal No. 45 of 1977 and the same is pending in the Court of the District Judge, Mymensingh.
3. It is further alleged that the defendant Nos. 2‑5 are in illegal possessi..
Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
Abdur Rahman Mondal and others Vs. State, 1990, 19 CLC (AD)
....ellate Court for re‑hearing and disposal on the basis of the existing evidence on record in accordance with law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17. ......ellate Court for re‑hearing and disposal on the basis of the existing evidence on record in accordance with law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17. ......5. The prosecution examined 6 witnesses and the defence 2. Upon being convicted and sentenced as aforesaid by the Trial Court the accused–appellants appeared and the learned Additional Sessions Judge, 1st Court, Dhaka by his judgment and order dated 20.11.89 in Criminal Appeal No. 349 of 1989 ..Category: Criminal Law | Date: 23 Jul, 1990 | Hits: 52
Attor Mia and another Vs. Mst. Mahmuda Khaton Chowdhury and others, 1990, 19 CLC (AD)
....s own. Hence the appeal is allowed and remanded to the High Court Division for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ......s own. Hence the appeal is allowed and remanded to the High Court Division for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ......revisional Court was itself competent to determine [he issues involved as the evidence on record was complete. 2. The appellants filed Title Suit No. 367 of 1991 in the 2nd Court of Subordinate Judge, Sylhet under Muslim Law for directing transfer of the suit land to the plaintiffs and orderin..Category: Property Law | Date: 22 Jul, 1990 | Hits: 43
Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)
....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. ......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. ......2 of 1974). Judgment Mustafa Kamal J.- This appeal by special leave by the defendant-appellants is from the second appellate judgment and decree dated 10. 12.84 passed by a learned Single Judge of the High Court Division, Rangpur Bench in Second Appeal No.162 of 1974 setting aside the Ju..Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115
Idris Ali Bhuiyan Vs. Enamul Haque and another, 1990, 19 CLC (AD)
....d that can at times also be exercised to do full and effective justice in a case. Hence, the review petitions are dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 12. ......d that can at times also be exercised to do full and effective justice in a case. Hence, the review petitions are dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 12. ......J.- Facts material for answering the point raised in these two review petitions are as follows: 2. The petitioner as plaintiff instituted Title Suit No. 589 of 1983 in the 1st Court of Assistant Judge, Dhaka impleading the respondents as the defendants, inter alia, (a) For a decree declari..Category: Property Law | Date: 17 Jul, 1990 | Hits: 30
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. ......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. ......y vigilant and diligent in drafting applications particularly application for transfer of suits alleging bias of a judge. AIR 1963 (Pat) 353 and PLD 1955 PC 185 cited.......... (7) District Judge should not and shall not allow the application for transfer of a suit which is biased without ..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. ...... 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. ......the person acquitted on appeal must be an express power. Surprisingly no such power is reflected in this order either in section 522 or in any other section of Cr. PC. the learned Additional Sessions Judge has not passed any order for re-delivery of possession of the disputed land to the informant p..Category: Criminal Law | Date: 27 Jun, 1990 | Hits: 110
Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)
.... 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. ......No.15 of 1990 is dismissed. The Limitation Act, 1908 (IX of 1908), Sections 5 & 29(2) Whether delay can be condoned when an appeal is not filed within the period of limitation under the Special Law In Bangladesh there has been no amendment of the Limitation Act extending the scope......s common questions of law are involved in all these appeals. 2. Civil Appeal Nos. 13 and 14 of 1990 relate to filing of two Miscellaneous Appeals against two awards passed by the 4th Subordinate Judge and Arbitrator, Dhaka in Land Acquisition cases under the Emergency Requisition of Property Ac..Category: Limitation Law | Date: 25 Jun, 1990 | Hits: 176
....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.
......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.
......muddin Ahmed J. - This revisional application under section 115 of the Code of Civil Procedure is directed against the judgment and decree dated 15.4.85 passed by Mr. Siddiqur Rahman Mia, Subordinate Judge, 4th Court, Dhaka in Title Appeal No.382 of 1983 allowing the appeal reversing the judgment an..
Category: Employment/Service Law | Date: 20 Jun, 1990 | Hits: 74
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. ......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. ......r Nos. 27 and 28 of 1982). Judgment Latifur Rahman J.- These two appeals by special leave at the instance of two share‑holders and directors are directed against the judgment of a Company Judge passed in Company Matter Nos. 27 and 28 of 1982 arising out of applications for winding up of ..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. ......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. ......h there was violation of section 34(3) of the Companies Act. In support of his contention Mr. Tofailur Rahman has referred to the case of Jabed Ali Sarker vs. Dr. Sultan Ahmed 26 DLR 303. The learned Judges of the Division Bench had considered this aspect and observed as follows: "We are t..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
Shahabullah (Md) Vs. The State, 1990, 19 CLC (AD)
....o interfere in the matter. The appeal is dismissed. Let the appellant surrender to his bail bond and serve out his sentence. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 1. ......s directed against the judgment and order dated 14.12.88 of the High Court Division, Dhaka passed in Criminal Appeal No. 145 of 1982 affirming the order of conviction and sentence dated 7.4.82 of the Special Judge, Dhaka Division, Dhaka passed in Special Case No. 9 of 1981 convicting the accused‑p......ed against the judgment and order dated 14.12.88 of the High Court Division, Dhaka passed in Criminal Appeal No. 145 of 1982 affirming the order of conviction and sentence dated 7.4.82 of the Special Judge, Dhaka Division, Dhaka passed in Special Case No. 9 of 1981 convicting the accused‑petitione..Category: Anti-Corruption Laws | Date: 13 Jun, 1990 | Hits: 119
Atiqur Rahman Vs. AKM Fazlul Hoque, 1990, 19 CLC (HCD)
....ni. In the result, the Rule is discharged and stay granted by this Court earlier is vacated. Sent down the records at once. Ed. This Case is also Reported in: 43 DLR (1991) 49. ......ni. In the result, the Rule is discharged and stay granted by this Court earlier is vacated. Sent down the records at once. Ed. This Case is also Reported in: 43 DLR (1991) 49. ......learned Magistrate for return of the menthol the learned Magistrate by his order dated 8.5.1981 released the seized menthol. This order of the learned Magistrate was set aside by the learned Sessions Judge, Dhaka in Criminal Revision No. 44 of 1981 6. The opposite party No.1 Superintendent Cust..Category: Fiscal/Taxation Law | Date: 11 Jun, 1990 | Hits: 80
Abdul Mannan and others Vs. Akram Ali and others, 1990, 19 CLC (AD)
....reasonable. The Registrar is directed to put up the matter to the Chief Justice for necessary order as to transfer of the case. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 129. ......reasonable. The Registrar is directed to put up the matter to the Chief Justice for necessary order as to transfer of the case. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 129. ......estion the judgment and order of the High Court Division in Revision remanding the case to the Trial Court for re-trial. 2. Appellants filed Title Suit No.27 of 1981 in the Court of Subordinate Judge, Sylhet for declaration of their title to the suit land on the basis of settlement from the la..Category: Procedural Law | Date: 6 Jun, 1990 | Hits: 107
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....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. ......tor, Dera Dun Mussourie Tramway Co. 60 IA 13 PC in which the view was taken that Art. 181 only relates to applications under the Civil PC where no period of limitation has been prescribed. However, a Special Bench of the Calcutta High Court, in Asmat Ali Vs. Mozahar Ali, 52 CWN 64, expressed the opi......Shahabuddin Ahmed CJ.- These six appeals by special leave are directed against a common judgment of a Division Bench of the High Court Division, dated 23 April 1986, upholding an order of the Company Judge, dated 28 March 1985, directing rectification of the Share Registers of the Appellants-Compani..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
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. ......s against the judgment dated 13.10.83 passed by a Single Bench of the High Court Division, Comilla, in Second Appeal No. 94 of 1968 setting aside the judgment dated 31.12.66 passed by the Subordinate Judge, Second Additional Court, Sylhet in Title Appeal No. 69 of 1965 affirming the judgment dated 2..Category: Property Law | Date: 28 May, 1990 | Hits: 57
....poll.
In the result, the Rule is discharged and the order of stay granted on 6.5.90 is vacated. There will be no order for costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 29.
......d and the order of stay granted on 6.5.90 is vacated. There will be no order for costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 29.
......poll.
In the result, the Rule is discharged and the order of stay granted on 6.5.90 is vacated. There will be no order for costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 29.
..
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. ....... 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. ......Party No.1. Civil Revision No.201 of 1987. Judgment AM Mahmudur Rahman J. - By this Rule the defendant‑petitioner challenges the judgment and decree passed by the learned Subordinate Judge, Chandpur, in Title Appeal No.33 of 1986 setting aside those of the learned Munsif, 1st Court,..Category: Property Law | Date: 22 May, 1990 | Hits: 111
Bakul Howlader @ Shamsul Alam Vs. The State, 1990, 19 CLC (AD)
....bail of the appellant. Hence, the appeal is allowed and the bail granted to the appellant by the Upazila Magistrate is confirmed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 14. ......bail of the appellant. Hence, the appeal is allowed and the bail granted to the appellant by the Upazila Magistrate is confirmed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 14. ...... 1990. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898); Section 498 Cancellation of bail In view of pending case and counter case the learned Judges of the High Court Division did not exercise their judicial discretion properly in cancelling ..Category: Criminal Law | Date: 20 May, 1990 | Hits: 100
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