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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....... aside. It is further urged that the learned Subordinate Judge failed to appreciate the evidence on record and committed gross illegality in not applying the principle of res judicata as the previous proceeding was disposed of on contest and being satisfied with the judgment of the trial Court petit..

Category: Property Law | Date: | Hits: 68

Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)

.... Jail Code as the conviction of death sentence 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. ......n question, is about 150 cubits in length and 100 to 110 cubits in breath stretching from north to south. It is also admitted by PW 1 that there was no sort of salish, seatings, of institution of any proceedings before any Court of law. It is also admitted that the accused party did not attach their..

Category: Criminal Law | Date: | Hits: 68

Nizamul Haque and Others Vs. Singa Bangla Garment Manu­facturing Company (Pvt) Ltd., 1990, 19 CLC (HCD)

....ain a stay order from the Appellate Court. The prayer is allowed and this judgment will come into operation just after two weeks from date. Ed. This Case is also Reported in: 43 DLR (1991) 603. ......ate per month for the total sum of Tk. 5,20,800.00 along with interest @ 16% per annum within 21 days from the date of receipt of that notice failing which, it was made known to the respondent, legal proceeding would be started against them. The said notice was duly received by the respondent. On re..

Category: Company Law | Date: | Hits: 190

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.......on contest." 4. Mr. Khan submits that the application for amendment sought if allowed it will change the nature and character of the suit as held by the learned Munsif and it will led to different proceedings. Mr. Khan also submits that in view of the decree made in Title Suit No. 5 of 1959 the a..

Category: Property Law | Date: | Hits: 92

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. ......the PO for the 2nd time in the following morning PW 1 reported to him that he had recognised accused Abdul Hye with the help of his torch light at the time of departure of the assailants while he was proceeding towards the PO on hearing the hue and cry of PW 2. He identified the 5 accused‑persons ..

Category: Criminal Law | Date: | Hits: 82

Bangladesh Vs. Dewan Obaidur Reza Chowdhury and Others, 1990, 19 CLC (HCD)

....are upheld. In the facts and circumstances of the case, there will be no order as to costs. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 43 DLR (1991) 551. ......; that thereafter he reclaimed the entire disputed land and possessed it from the time of reclamation and that subsequently the Court of Wards Estate realised rent from the plaintiff by a certificate proceeding, as the management of the estate of the ex‑landlord, defendant No. 1 was given to the C..

Category: Property Law | Date: | Hits: 101

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. ......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. ..

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. ......tition and restored the same for hearing. Where the Court itself passed a wrong order the Court is competent to rectify the said order upon an application filed u/s. 151 C.P.C. by either party to the proceeding or suo motu by invoking its inherent power under section 151 of the Code and exercise of ..

Category: Civil Law | Date: | Hits: 93

Sattar Match Works and others Vs. Bangladesh Chemical Industries Corporation and others, 1990, 19 CLC (HCD)

....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. ......e Registrar, and the tribunal may make such order for making, expunging or varying the entry as it may think fit." 24. Registration to be conclusive as to validity after seven years.- In all legal proceedings relating to a registered trade mark, the original registration of the trade mark shall a..

Category: Intellectual Property Law | Date: | Hits: 264

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 Code of Criminal Procedure in the erstwhile Rangpur Bench of the High Court Division and obtained a Rule in Criminal Revision No. 35 of 1989. The said Rule after hearing was made absolute and the proceeding of the aforesaid Special Tribunal Case No. 2 of 1989 was quashed mainly on the ground tha..

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....... in this behalf. Section 204 of the Code authorises the Magistrate to take cognizance of an offence and issue summons against the accused if he is of the opinion that there are sufficient grounds for proceeding against him. Section 205C of the Code provides "When in a case instituted on a police rep..

Category: Criminal Law | Date: | Hits: 67

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.......have been taken by the Syndicate in gross violation of the principles of natural justice has little to receive consideration in the facts and circumstances of the case of the instant petitioners in a proceeding under Article 102 of the Constitution. In such view of the matter, we find little scop..

Category: Others | Date: | Hits: 112

Abdul Majid Vs. Akhil Chandra Sengupta and others, 1991, 20 CLC (HCD)

....s correct. For the aforesaid reasons the judgment cannot be sustained. In the result, the Rule is made absolute. No order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 506. ...... complete on entry in the volume under section 60 and unless that is done there is no transfer as contemplated under section 96 of the State Acquisition and Tenancy Act, 1950. Limitation in case of a proceeding under section 96 of the Act does not start front the date of execution of the document tr..

Category: Property Law | Date: | Hits: 97

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.......Supreme Court of Pakistan, in his separate judgment in the case of the Government of East Pakistan Vs. Rowshan Bijaya Shaukat Ali Khan 18 DLR (SC) 214, observed as follows: "While it is true that the proceeding against a detenu are not as formal as they are against an accused in a criminal Court, I ..

Category: Constitutional Law | Date: | Hits: 287

Gulshan Ara Begum Vs. Moazzem Hossain Chowdhury and others, 1990, 19 CLC (HCD)

....h law as expeditiously as possible after giving due notices to the parties concerned Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 481. ......re substituted in the aforesaid suit. Since we are in seisin of the entire records we cannot be oblivious of certain facts which are relevant for the purpose of deciding the main issue in the present proceeding. The application for substitution was allowed on 6.1.86 and thereafter the Court directed..

Category: Procedural Law | Date: | Hits: 68

Mir Amir Ali Vs. State, 1991, 20 CLC (HCD)

.... controverted by anybody from the side of the prosecution. 14. From the facts and circumstances stated above and the law relating to the quashment, we are satisfied that there are good grounds for quashing thee criminal proceeding pending against the accused petitioner to prevent the abuse of the......rocedure wherein at the instance of the accused petitioner Mir Amir Ali a Rule was issued by this Court on 2nd April, 1990 calling upon the Deputy Commissioner, Gaibandha, to show cause as to why the proceeding of GR Case No.57 of 1985 pending in the Court of Upazila Magistrate, Gobindaganj District..

Category: Criminal Law | Date: | Hits: 104

Government of Bangladesh and others Vs. Abul Hashem Khan, 2009, 38 CLC (AD)

.... is set aside. The case is, thus, dismissed. In the result, this appeal is, accordingly, allowed without any other as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 271.   ......mployed in service under the Government without assigning any reason if he is of the opinion that a removal of such person is necessary in the interest of the Government and no claim or suit or legal proceeding shall lie against the Government. The said order also provides an explanation that the re..

Category: Administrative Law | Date: | Hits: 160

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. ...... Nisi issued under Article 102 of the Constitution ask us to declare that the judgment and order passed by the Respondent 1, Labour Court, Rajshahi on August 31, 1985 in IRO Case No.6 of 1985 and the proceeding of the Criminal Case No.21 of 1985 of the said Court and its order No.8 dated 21.11.85 ha..

Category: Labour and Industrial Law | Date: | Hits: 129

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. ......n paper appears to have been accepted in violation of the law by the Returning Officer which need be corrected by this Court. 11. In election matters this Court will not interfere in interlocutory proceeding or orders passed by election authorities for the sole reason that an election should not ..

Category: Election Law | Date: | Hits: 126

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. ......ection 27 of the Special Powers Act and the accused petitioner neither absconded nor concealed himself to avoid arrest but he could not appear to face trial as he was quite in dark about the criminal proceeding against him. The accused petitioner also got no opportunity to know about the case as no ..

Category: Criminal Law | Date: | Hits: 68