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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....... the share of the plaintiff but for setting aside the final decree on a different cause of action that is, on the ground of fraud alleged to have been practised by the defendant petitioner during the period between the preliminary decree and the final decree in collusion with the Advocate Commission..Category: Procedural Law | Date: | Hits: 86
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....... he has some link with the Special Branch Department of the Police. It is not known how the evidence started coming in this case after the investigation was taken up by the CID. But the police during period of two months failed to collect any evidence. From this fact alone it can reasonably be infer..Category: Criminal Law | Date: | Hits: 93
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.......a under section 3(2) of the Act with a view to preventing him from committing any act prejudicial to public safety and public order. Subsequently the Government approved of the order and extended the period of his detention from time to time. The petitioner having moved writ petition No. 187 of 1988..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.......continuance of possession or dispossession, as the case may be, and under section 28 of the Limitation Act the right is extinguished, if no suit for recovery is instituted by him within the statutory period. The mere fact that the plaintiff did not specifically claim title by adverse possession i..Category: Property Law | Date: | Hits: 71
Investment Corporation of Bangladesh Vs. Bata Shoe Company (Bangladesh) Ltd., 1990, 19 CLC (HCD)
....his Prospectus, it appears that this offer was made to Bangladeshi nationals. Everywhere in the prospectus the two words "Bangladeshi nationals" have been mentioned. At page 2 of the Prospectus it is stipulated as follows: "The present offer is for purchase by Bangladeshi nationals (individuals) ......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. ..Category: Company Law | Date: | Hits: 208
Delta Jute Mills Limited and another Vs. Sonali Bank and others, 1990, 19 CLC (HCD)
....s for financing the establishment of the jute mill from the funds made available by the Government of the United Kingdom (hereinafter called UK Credit) through the then Government of Pakistan. It was stipulated in the agreement that the fund made available by the Government would be utilised for the......r establishment of jute mills. In view of this waiver and that the loan was a "Rupee Loan" the petitioners outstanding liability as on 1.5.1971 stood at Tk. 10,60,195.1 but during the nationalisation period the petitioner company paid Tk. 2,98,03,407.00 to respondent No. 2 under wrong impression. Th..Category: Company Law | Date: | Hits: 213
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. ......of the decree on 26.4.97 and then an application under Order 9 rule 13 of the Code of Civil Procedure was filed before the Court on 25.5.87 which is, according to them, very much within the statutory period of 30 days to file an application under Order 9 rule 13 of the Code of Civil Procedure. In th..Category: Procedural Law | Date: | Hits: 68
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 and misappropriation thereof by the accused petitioner and, therefore, the initiation of the criminal proceeding and continuation of the same against the accused petitioner for such a long period from 1985 is an abuse of the process of the Court and hence the proceeding is liable to be qu..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. ......ious of the fact that justice should be tempered with mercy. In a modern society purpose of imposing sentence on a person found guilty of an offence is not only deterrent but also reformative. A long period of sentence such as imprisonment for life debases a person. When law does not provide for imp..Category: Criminal Law | Date: | Hits: 91
Aminuzzaman (Md.) Vs. People's Republic of Bangladesh, 1993, 22 CLC (HCD)
....rea, PS Danmondi, Dhaka, now being detained in Dhaka Central Jail at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 242. ......rict Magistrate, Dhaka under section 3(2) of the Special Powers Act, 1974 detaining him for 30 days. 2. The said order of detention was approved by the Government by an order dated 10.2.93 and the period of detention was extended for 3 months with effect from 1.3.93 (Annexure‑C to the supplemen..Category: Criminal Law | Date: | Hits: 85
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. ...... recommendation on 12.10.1992 "for setting aside the order of retirement dated 22.05.1982 and for his reinstatement in service maintaining his seniority and continuity of service and treating the period of absence from duly as on leave without pay"', that thereupon the Government by the impugned..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. ......age of power supply, epidemics, civil commotion or other cause beyond his control, to stop any section or sections of the shop or the commercial or industrial establishment, wholly or partly, for any period, emphasis added). Section 2(1), seems to us, empowers an employer to issue a lay‑off notice..Category: Labour and Industrial Law | Date: | Hits: 129
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. ......h the company is not authorised to undertake." 4. It appears from the Memorandum and Articles of Association of BCI Limited that a permission of the Controller of Capital Issues was obtained for a period of one year and the said permission is printed in the said Memorandum and Articles of Associa..Category: Criminal Law | Date: | Hits: 125
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. ......d. 7. Mr. Abdul Rashid Gazi, the learned Advocate for the respondent, submitted that in the circumstances the appeal is time barred and the appeal is liable to be dismissed. In view of the special period of limitation provided for preferring appeal in this court by the Emergency Requisition and A..Category: Property Law | Date: | Hits: 76
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. ...... was held in absentia and the judgment and order of conviction wm passed in the absence of the accused petitioner on 15.2.90 and, therefore, the appeal could not be filed by him within the prescribed period of 30 days. The accused petitioner came to know about the case and the judgment and order of ..Category: Criminal Law | Date: | Hits: 68
Anwara Rashid and others Vs. Deputy Commissioner, Dhaka and others, 1992, 21 CLC (HCD)
.... 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. ......led by the petitioners in Writ Petition Nos. 1059 and 1060 of 1992 it is clear that those objections were filed after service of notices under section 6 of the Ordinance and not within the prescribed period of 15 days after service of notice under section 3 of the said Ordinance. As they did not fil..Category: Property Law | Date: | Hits: 79
State Vs. Md. Shah Nowroj and others, 2011, 40 CLC (HCD)
.... passed by the Divisional Special Judge, Khulna in Special Case No. 18 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ...... the godown, but without doing any earth-work had misappropriated the rice in collusion with each other. In cross-examination he stated that he had started investigation after one year of the project-period was over. He did not know the project areas and that he did not take measurement of any work...Category: Criminal Law | Date: | Hits: 97
State Vs. Sheikh Mujibur Rahman and others, 2011, 40 CLC (HCD)
....3 passed by the Divisional Special Judge, Khulna in Special Case No. 16 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......ned to take care of the Informant and guided him to visit the Shrine of Khan Jahan Ali at Bagerhat. He did not take him to the project areas. He further stated that during the projects implementation period, Professor S.M. Nazrul Islam was the Vice-Chancellor. The Vice-Chancellor accompanied by him ..Category: Criminal Law | Date: | Hits: 101
State Vs. Sk. Arif Newaz and others, 2011, 40 CLC (HCD)
....ivisional Special Judge, Khulna in Special Tribunal Case No. 13 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......uthern and south-eastern sides of the Ladies Hall were filled up by earth. He saw 20/25 workers to work inside the University for 15/20 days. He further stated that during the projects implementation period, Professor S. M. Nazrul Islam was the Vice-Chancellor. The projects were completed during his..Category: Criminal Law | Date: | Hits: 86