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Refazuddin Mondal Vs. Abdul Razzaque @ Rezaul Karim & others, 1989, 18 CLC (HCD)
.... for any interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 43 DLR (1991) 644.......Court's record at once. Ed. This Case is also Reported in: 43 DLR (1991) 644.......oubt that the principle of res judicata can have application in a pre‑emption proceeding. The provision laid down in section 141 of the Code of Civil Procedure speaks that in original matter in the nature of suit like pre‑emption proceeding principle of res judicata can have application inasmuch..Category: Property Law | Date: | Hits: 68
Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)
....He thus corroborates the involvement of the accuseds in the commission of the offence. Nothing could be elicited by way of cross‑examination from these prosecution witnesses which can be said to be exculpatory circumstances sufficient to cast a reasonable doubt about the statements of these prosec...... is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ......h him. The OC along with the informant and others went to the house of Matbar Ali and recovered those three dead bodies. 5. PW 1, Abdul Mannan proved the First Information Report Ext. 1 and his signature Ext. 1/1. It is stated in the FIR, that there were marks of blood‑stained earth on the road..Category: Criminal Law | Date: | Hits: 68
Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)
....nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ......the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ...... the suit land described in schedule ‘A’ to the plaint from her mother by way of gift, that on the request of the respondent the appellant permitted him to construct a dwelling house of permanent nature in the suit land and gave him the possession of the land in July, 1967, that the respondent a..Category: Property Law | Date: | Hits: 110
....nished there is no merit in these two revisional applications.
In the result, these Rules are discharged without any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 617.
......scharged without any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 617.
......be attached. The learned Advocate for the petitioner failed to show any error of law resulting in an order in the decision of the Court below occasioning failure of justice.
11. While dealing with nature and effect of Charter party Scratton in his book on Charter Parties and Bill of Lading, Seven..
Category: Admiralty Law or Maritime Law | Date: | Hits: 186
Kutub Uddin Bhuiyan and others Vs. Sakhina Bibi and others, 1990, 19 CLC (HCD)
.... as proposed by the application under Order 6 rule 17 C.P.C. In the result, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 601.......o order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 601.......151 C.P.C. dated 9.5,83, further amendment petition dated 21.7.83, WO dated 24.5.83 against the petition. On perusal of the petition it appears that the proposed amendment will entirely change the nature and character of the suit. As such the prayer for amendment is rejected on contest." 4. Mr..Category: Property Law | Date: | Hits: 92
Afsar Ali Chowdhury and others Vs. The People's Republic of Bangladesh, 1990, 19 CLC (HCD)
.... with approval. We find no substance in this application which is thus, rejected summarily. The stay granted earlier is here by vacated. Ed. This Case is also Reported in: 43 DLR (1991) 593. ......nd others...............................Petitioners Vs. The People's Republic of Bangladesh........................Opposite Party. Judgment October 31, 1990. Cases Referred to- Province of East Bengal Vs. Bakerganj Central Co‑operative Sales and Supply Society Ltd., 12 DLR (Dacc...... discharging functions which are incidental to its function as a State and thus a sovereign function. These sovereign functions of the State even when dealing with commerce, trade and matters of that nature, is different from the facts of an individual dealing in such matters. Hence, the equality cl..Category: Civil Law | Date: | Hits: 87
Yakub (Md.) Ali Howlader Vs. Abdur Rab Munshi, 1990, 19 CLC (HCD)
....accordance with law and be decided at an earlier date. Communicate this order at once. The stay al granted earlier is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 587. ......eferred to- Rafiqul Alam Vs. Mostafa Kamal & others, 42 DLR (AD) 137. Lawyers Involved: Syed Azizul Huq with AY Masihuzzaman and Syed Moyeenul Huq Advocates ‑ For the petitioner. Aminul Huq with Abdul Gani Talukder, Advocates ‑ For Opposite party No. 1. Civil Revision No. 207...... qualified to be elected as Chairman or the proposer or the seconder is not qualified to subscribe to the nomination paper or any provision of rule 10 or rule 11 has not been complied with; or the signature of the proposer or the seconder is not genuine and under sub‑rule (4) of Rule 14 the Return..Category: Election Law | Date: | Hits: 156
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. ......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. ......tated that before the occurrence they had lodged 2 GD entries in the Kal akanda Police Station over the dispute of Koila Ghat’. He lodged this FIR Ext. 1 narrating the occurrence which bears his signature Ext. 1(a). He stated that Daroga visited the PO and held the inquest over the dead body of hi..Category: Criminal Law | Date: | Hits: 82
Sadharan Bima Corporation Vs. Bangladesh Shipping Corporation & others, 1990, 19 CLC (HCD)
....interests of the parties in any manner whatsoever and the Court will be at liberty to decide the matter independently in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 548.......eported in: 43 DLR (1991) 548.......sion and Declaration) Act, 1973 (Act VIII of 1973) is now on our statute book. It is true that if revised Court of Admiralty Act of 1891 is read in isolation then it would not give any idea as to the nature and extent of the Admiralty jurisdiction of this Court, but it is to be read in its historica..Category: Admiralty Law or Maritime Law | Date: | Hits: 195
Hosne Ara Begum Vs. Alhaj Md. Rezaul Karim and others, 1990, 19 CLC (HCD)
....e Court of appeal under section 17 of the said Ordinance, 1985, but nevertheless remaining a Court subordinate to the High Court Division. Ed. This Case is also Reported in: 43 DLR (1991) 543. ......subordinate to the High Court Division. Ed. This Case is also Reported in: 43 DLR (1991) 543. ......1985, it appear. obvious that against the decision of the Court of District Judge as an appellate Court under section 17 of the Family Courts Ordinance, 1985 the High Court Division in cases of Civil nature has power under section 115(1) of the Code to exercise its revisional jurisdiction in respect..Category: Family Law | Date: | Hits: 210
State Vs. Satya Narayan Sarada, 1991, 20 CLC (HCD)
....ocedure. The Rule is therefore discharged. The order of stay granted by this Court and the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 529.......The order of stay granted by this Court and the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 529.......e opposite party. It is also submitted on behalf of the opposite party that the error if any committed by the Magistrate in accepting the final report of the investigation officer, was of a technical nature and the proceeding of the Special Tribunal No. 2 of 1989 arising out of the self‑same alleg..Category: Criminal Law | Date: | Hits: 72
Motaleb @ Mutu and others Vs. State, 1990, 19 CLC (HCD)
....ideration of materials on record. In the result, the Rule is discharged with the above observation and modification of the impugned order. Ed. This Case is also Reported in: 43 DLR (1991) 519.......sult, the Rule is discharged with the above observation and modification of the impugned order. Ed. This Case is also Reported in: 43 DLR (1991) 519.......for further investigation in respect of the accused petitioner who was discharged by the Magistrate consequent on the final report submitted by the police. Now the question is whether the petition in nature of Naraji against the submission of final report and for that matter against the order of dis..Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. Unimarine SA Panama and other, 1977, 6 CLC (HCD)
....t-appellant but in view of our judgment there is no necessity of passing any order in the revisional application. ATM Afzal J.- I agree. Ed. This Case is also Reported in: 29 DLR (1977) 252. ......te Division Judgement, here. Supreme Court High Court Division (Civil Appellate Jurisdiction) Present: KM Subban J ATM Afzal J Bangladesh………….Appellant Vs. Unimarine SA Panama and other………Respondents Judgment June 16, 1977. Case Referred to- ...... we have failed to find any statement of properties owned by defendant No.2. There is an evasive denial of the allegation that defendant No.2 has no property. There is total absence of a statement of nature of properties owned by defendant No. 2. The only argument with respect to the properties owne..Category: Admiralty Law or Maritime Law | Date: | Hits: 240
State Vs. Md. Ali Kibria @ Shahzijahan and others, 1990, 19 CLC (HCD)
....side. The condemned prisoner Mohammad Ali Kibria alias Shahjahan is set at liberty forthwith if not wanted in connection With any other case. Ed. This Case is also Reported in: 43 DLR (1991) 512.......ia alias Shahjahan is set at liberty forthwith if not wanted in connection With any other case. Ed. This Case is also Reported in: 43 DLR (1991) 512.......ody were handed over to the escorting constable under seal cover. Opinion. Death in my opinion, was due to shock and haemorrhage due to bullet injuries which were ante‑mortem and homicidal in nature." 6. Apart from the evidence of doctor referred above evidence of other PWs have proved be..Category: Criminal Law | Date: | Hits: 93
Adam Ali Bepari Vs. Abdur Rahman Dewan & others, 1991, 20 CLC (HCD)
....I do not find any reason to interfere with the judgment and order impugned. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 510. .....................Opposite Parties. Judgment February 5, 1991. Cases Referred to- Dulichand Mehesriand and others Vs. Prohlad Chandra and others, 1945 Cal 50; M/s Lutfun Nahar Vs. Syeeda Hasinal Ara Begum and another, 21 DLR 633; Akbar Ali and others Vs. Zahiruddin Kari and others, 30 DLR ......ith agriculture and as such it is not a non‑agricultural land. He says that by subsequent use for the purpose of agricultural or horticultural, although a hut stands on it, the land has changed its nature to agricultural land. Placing reliance upon section 182 of the Bengal Tenancy Act he submits ..Category: Property Law | Date: | Hits: 95
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.......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......., if not wanted in any other connection. The detenu, however, was not released. While in such custody, an order under Memo. No. 10303 স্বঃ মঃ (নিরা-১) dated 25.9.88 under the signature of the Senior Assistant Secretary of the Ministry of Home Affairs was served upon the detenu ..Category: Constitutional Law | Date: | Hits: 287
Mozammel Haque Vs. Uttara Bank, 1990, 19 CLC (HCD)
....t relates to the ground of re‑calling the order dated 28.8.84. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 498. ......but without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 498. ......Ordinance, 1983 (Ordinance No. XLVII of 1983) the status of the plaintiff bank has ken changed necessitating the substitution of "Uttara Bank' by "Uttara Bank Limited” which is absolutely formal in nature and which did not change in any way the nature and character of the suit and caused no prejud..Category: Property Law | Date: | Hits: 90
Investment Corporation of Bangladesh Vs. Bata Shoe Company (Bangladesh) Ltd., 1990, 19 CLC (HCD)
....further directed to issue and deliver the necessary share certificates in favour of the petitioner corporation without any further delay. Ed. This Case is also Reported in: 43 DLR (1991) 487. ......ssary share certificates in favour of the petitioner corporation without any further delay. Ed. This Case is also Reported in: 43 DLR (1991) 487. ...... unable to substantiate it by citing any judicial pronouncement in his favour. As such this objection of Mr. Abul Hossain is of no substance. 18. Mr. Abul Hossain further submits that below the signature of the renuncee there are certain columns to be filled up i.e. renuncee's full name and on ri..Category: Company Law | Date: | Hits: 208
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. ......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. ......nd Account were recovered from their monthly salaries with effect from March, 1985 to December, 1990 and a photo copy of the letter being No.UAO/GOVI/GAI/ADVANCE/90 dated 6.1.1991 issued under the signature of Mr. Abdus Sattar Prodhan Upazila Account Officer Gobindaganj, Gaibandha has also been anne..Category: Criminal Law | Date: | Hits: 104
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. ...... 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. ...... and we cannot impute such intention to the lawmakers in view of the immediately preceding expressions which are all in singular number. Thus, the aforesaid labour case which was instituted on the signature of respondent No.2, a Senior Assistant, Labour Officer, on behalf of others cannot be treated..Category: Labour and Industrial Law | Date: | Hits: 129
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