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Abdur Rahman Vs. Shahanara Begum, 1990, 19 CLC (HCD)
....rnments as the Ordinance provides for speedy and summary disposal of the cases dispensing with the provisions of the Code of Civil Procedure. Ed. This Case is also Reported in: 43 DLR (1991) 599.......upon such payment the suit will be deemed to have been instituted on the, date of presentation of the application to sue as pauper. But under the provision of Order XXXIII rule 8 of the Code when the prayer for suing as a pauper is allowed the application for such permission is numbered and register..Category: Civil Law | Date: | Hits: 106
Abul (Md.) Kashem & others Vs. Ashrafuzzaman, 1990, 19 CLC (HCD)
....of the case within three months of the receipt of the copy of this judgment. Let a copy of this order be transmitted to the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 596. ......ion under Order 7 rule 11 of the Code was again rejected. On their application issue No. 2 regarding valuation was taken up for hearing by taking off of the suit from the peremptory hearing list. The prayer on the part of the defendant petitioner to get the issue No. 2 regarding valuation heard at a..Category: Civil Law | Date: | Hits: 94
Afsar (Md.) Vs. Moulvibazar Pourashava and others, 1990, 19 CLC (HCD)
....this order with proper notice to both the sides. Let the records of the case along with a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 589. ...... show cause notice with ad‑interim order of injunction was issued and served upon the aforesaid defendant opposite parties but they did not show any cause or filed any written objection against the prayer for temporary injunction and hence the order of ad-interim injunction was made absolute on 7...Category: Trust/Waqf Law | Date: | Hits: 181
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 night following 11th Bhadra, 1391 BS at about 1‑00 or 1‑30 AM on hearing hue and cry, he went to the house of the deceased Nur Miah and found him dead with his throat cut. At about the Fazar prayer time, wife of the victim Nur Miah reported to him that accused Khelu, Golap Taher and Hannan ..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. ......n application for temporary injunction restraining the defendants not to proceed with the demarcation of the land on the basis of shaham as granted in the Miscellaneous Case No. 100 of 1975‑76. The prayer for injunction was rejected by the learned Munsif leading to Miscellaneous Appeal No. 188 of ..Category: Property Law | Date: | Hits: 72
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. ......of the trial Court. Apart from that, the instant suit was a suit for declaration of title only and in fact for correction of the alleged wrong record of right in the Khatian and there was neither any prayer for confirmation of his possession nor recovery of possession of the suit land. From that poi..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. ......es also by depositing the said amount on July 17, 1981 started Execution Case No. 14 of 1981 on behalf of all the joint decree holders under Order XXI rule 15 C.P.C. The Court on July 27, 1981 on the prayer of opposite parties directed the judgment‑debtor Saleha Khatun not to deliver the possessio..Category: Procedural Law | Date: | Hits: 81
....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.
......ock" from the register which was given to the Ujala Match Works under No. 1294 in Class 34.
8. In the above back ground of this case the present application has been moved before this Court with a prayer for rectification of the register of Trade Mark as stated above. It is stated in the applicat..
Category: Intellectual Property Law | Date: | Hits: 264
State Vs. Satya Narayan Sarada, 1991, 20 CLC (HCD)
.... should be exercised sparingly with great care and caution only for the purpose as defined in this section itself. 14. This power though unlimited should be exercised only in 3 cases when no other alternative remedy is generally available under the Code or to make such order or orders as may be n......s order without filing any Naraji petition, the informant moved the learned Sessions Judge, Dinajpur by an application under section 435 read with section 436 of the Code of Criminal Procedure with a prayer for setting aside the impugned order of discharge and for further investigation of the case o..Category: Criminal Law | Date: | Hits: 72
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.......t filed a petition before the learned Judge under Order 7 rule 11 (d) of the Code of Civil Procedure for rejection of the plaint on the ground that it was barred by the principle of res judicata. The prayer was opposed by the plaintiff. The learned Judge after hearing the parties refused to reject t..Category: Procedural Law | Date: | Hits: 86
Abul Kashem Vs. Mafiz Mia and others, 1991, 20 CLC (HCD)
....mary School Centres. The impugned order of the learned District Judge is, accordingly, modified. The parties shall bear their own costs. Ed. This Case is also Reported in: 43 DLR (1991) 523. ......n appeal being Election Appeal No. 3 of 1989 to the learned District Judge, Comilla against the decision of the Election Tribunal. During the pendency of the appeal the learned District Judge, upon a prayer made by opposite party No. 1, allowed an additional evidence to be introduced in the case to ..Category: Election Law | Date: | Hits: 139
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....... was sent before the learned Sessions Judge for holding trial in respect of one accused person namely, Jharu Meah, the informant filed a petition for the first time before the Court of session with a prayer for sending the case back for further investigation in respect of the accused petitioner who ..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. ......fered by the plaintiff found that the provisions of Order 38, rule 5 were not complied with Placing reliance upon the said decision reported in 28 DLR 231 the learned Subordinate Judge found that the prayer could not be granted. In this connection, it is necessary to set out the provisions of Order ..Category: Admiralty Law or Maritime Law | Date: | Hits: 240
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.......titioner presented this petition calling in question the detention contending that the detenu is being detained without any lawful authority and in an unlawful manner. Respondent No. 1 opposed the prayer of the petitioner by filing an affidavit‑in‑opposition. It is averred that the detenu use..Category: Constitutional Law | Date: | Hits: 287
Ahmed Kabir Vs. Haji Mazahar Ahmed and others, 1990, 19 CLC (HCD)
....ion of the suit after giving sufficient opportunity to both the parties. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 500. ...... relates to the jurisdiction of the Court and where the Court finds want of jurisdiction either pecuniary or territorial, the Court has to return the plaint. This provision has no application where a prayer is made for rejecting the plaint which is provided for in rule 11 of Order 7 of the Code of C..Category: Procedural Law | Date: | Hits: 83
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. ......ed for hearing on 28.8.84 on which date the plaintiff filed hazira but the defendant took no step. The learned Judge took up the application for amendment of the plaintiff opposite party, allowed the prayer for amendment of the plaint and directed to amend the plaint accordingly. Since the defendant..Category: Property Law | Date: | Hits: 90
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. ...... (iii) That on 22.11.86 District Anti‑Corruption Bureau prayed before the Upazila Magistrate for staying the case till the sanction was accorded. Again on 10.1.87 another application with the same prayer was made by the Bureau for keeping the case suspended till the order was obtained and ultimat..Category: Criminal Law | Date: | Hits: 104
Sk. Shahadat Ali and others Vs. Deputy Commissioner, Khulna and others, 1992, 21 CLC (HCD)
....e Government accepted the proposal and ordered for transfer of the land on payment of tk.4,80,000.00. The Port Authority duly deposited the money on 5.1.63. The Relief Department accordingly arranged alternative accommodation for the refugees in the nearby Housing Estate. But the refugees who were g...... filed on behalf of respondent No.4 stating, inter alia, that an area of 8.66 acres near Roosevelt Jetty at Khalishpur Bandar was required for the development of the aforesaid jetty and accordingly a prayer was made to the then Government of East Pakistan in 1954. However, the respondents admit that..Category: Property Law | Date: | Hits: 138
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. ......ed by the reviewing authority and the respondent filed the A.T.C. Case within 6(six) months of the order impugned in the case. The learned Counsel further submitted that the respondent failed to file prayer for review within (three) months as required under the provisions of the Government Servants ..Category: Administrative Law | Date: | Hits: 160
Mustafizur Rahman Vs. State and others, 1992, 21 CLC (HCD)
....the petition for bail of the petitioner and we find no reason to grant the prayer for bail. In the result, the Rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 227. ......ces and that the said offence is punishable with imprisonment for life. The learned Sessions Judge has thus rightly rejected the petition for bail of the petitioner and we find no reason to grant the prayer for bail. In the result, the Rule is discharged. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 125
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