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Bera Pourashava and another Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)

....areas of Karamza and Sharisha Mouza within Bera Paurashava. In his report the ADC (General), Pabna stated that the objectors were in favour of keeping the area within Santhia Paurashava. On the other hand the ADC (General), Pabna opined that for the general development and for increase of income of ......gment and order dated 11.05.2005 passed by the High Court Division in respect of Writ Petition Nos.5036 of 2002 and 3007 of 2003 are hereby set aside. Ed. This Case is also Reported in: ..

Category: Election Law | Date: | Hits: 152

Bangladesh Vs. Md. Abdul Alim and others, 2010, 39 CLC (AD)

....ndent Nos.2-7, 9-13, 15-28, 30-35, 38 and 40-42 (In Civil Petition No. 1303 of 2010.) Not Represented- Respondent Nos.1, 8, 14, 29, 36-37, 39 and 43 (In Civil Petition No.1303 of 2010.) Bivash Chandra Biswas, Advocate-on-Record-For Respondent Nos. 1 and 8 (In Civil Petition No.1304 of 2010.) ...... and the respondents within 2(two) weeks thereafter to make the appeals ready. The appeals are fixed for hearing on 22nd February, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 185...

Category: Administrative Law | Date: | Hits: 188

Sudhansu Kumar Barai and others Vs. Abul Hashem and others, 1990, 19 CLC (HCD)

....a. 2. Opposite party No.1 namely, Abul Hashem Howlader being a plaintiff brought the suit praying for declaration of title and confirmation of possession in certain immovable property. One Audhor Chandra Barai, predecessor of the pcfiti6ners, was impleaded as defendant No. 1 therein. After being ......tioned that the defendants shall be at liberty to agitate this question when the issues are framed. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 327. ..

Category: Property Law | Date: | Hits: 80

Government of Bangladesh Vs. Abdul Wahid Sheikh (dead) his heirs & others, 1990, 19 CLC (HCD)

....in the district of Patuakhali where the disputed lands are situated and consequently the suit is liable to abate. 10. Mr. Hemayetuddin Ahmed, the learned Advocate for the respondents, on the other hand, argues that the claim of the plaintiffs relates to lands which have appeared before the coming......gment delivered by the learned Subordinate Judge also abates. The appeal is, accordingly, disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 308. ..

Category: Property Law | Date: | Hits: 77

Haque and Company Limited Vs. M/s. Western Soap Factory and others, 1990, 19 CLC (HCD)

....No. 1 at any time before the filing of the application which has been admitted by the respondent No. 1. In this view of the matter his application should succeed. 8. Mr. Abdur Rashid, on the other hand, submits that the respondent No. 1has not manufactured the toilet soap under the trade name 'Ca......in favour of the respondent No. 1 is set aside and the Trade Mark Registry be rectified accordingly. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 304. ..

Category: Intellectual Property Law | Date: | Hits: 219

Rustom Ali Vs. Jamila Khatun, 1990, 19 CLC (HCD)

....aw (Eighteenth Edition) and two decisions reported in ILR 1881 (Cal) 631, and PLD (Lahore) 1958, 596. 6. Mvi. Md. Wahidullah, the learned advocate representing the opposite party has, on the other hand, argued that since the term "maintenance" has not been defined and has been left open in the Fa......all be modified accordingly and all other reliefs granted by them shall remain undisturbed. The parties shall bear their respective costs. Ed. This Case is also Reported in: 43 DLR (1991) 301...

Category: Family Law | Date: | Hits: 253

Captain Shamsul Alam Chowdhury Vs. Shirin Alam Chowdhury, 1991, 20 CLC (HCD)

.... in section 17 should be interpreted in the ordinary sense of the word and therefore should include all orders passed by the Family Court including interlocutory order. Mr. Masihuzzaman, on the other hand, submits that the Family Courts Ordinance was promulgated with the purpose of speedy disposal o......l made by the petitioner under section 17 of the Family Courts Ordinance on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 297...

Category: Family Law | Date: | Hits: 230

Sadharan Bima Corporation Vs. The Dhaka Dyeing and Manu­ facturing Company Limited, 1990, 19 CLC (HCD)

....red to- Baroda Spinning and Weaving Company Limited Vs. Satyanarayan Marine and Fire Insurance Company Limited, ILR XXXVIII (Bom) 344; Sree Hari Sankar Nandi Majumder and others Vs. Sree Promode Chandra Roy Chowdhury, PLR IV (Dhaka) 595; Pearl Insurance Co. Vs. Alina Ram, AIR 1960 (Panjab) 236; ......lt this appeal is allowed and the suit is dismissed. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 286. ..

Category: Alternative Dispute Resolution | Date: | Hits: 170

Abdur Rashid Vs. State, 1990, 19 CLC (HCD)

....y, was beyond time and as such, the case was liable to be stopped and the accused persons released as per provision of section 167(7) Cr.P.C. The learned Advocate for the opposite party, on the other hand, contends that the law contemplated completion of the investigation by the police within the pr......fusing to refer the case under section 438 Cr.P.C. by the impugned order. We find no merit in the case. The Rule is, accordingly, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 279...

Category: Criminal Law | Date: | Hits: 66

Birendra Nath Chakraborty Vs. Subal Chandra Biswas and others, 1981, 10 CLC (HCD)

....LR (1991) 276.......istrict Judge is directed to dispose of the Misc. Appeal within one month of the arrival of the records after intimation arrival of the same. Ed. This Case is also Reported in: 43 DLR (1991) 276...

Category: Property Law | Date: | Hits: 78

Dilip @ Siddiqur Rahman & others Vs. State, 1990, 19 CLC (HCD)

....f dispute between the present parties over the said plot of land there was a proceeding under section 145 of the Code and both parties were restrained from going into the land which was placed in the hand of the receiver who was the OC of the local police station so it was improbable that the inform......ants are affirmed. The appellants 3‑9 who are on bail are directed to surrender to their bail bond to serve out their remaining sentence. Ed. This Case is also Reported in: 43 DLR (1991) 269. ..

Category: Criminal Law | Date: | Hits: 61

State Vs. Kalu Bepari, 1990, 19 CLC (HCD)

.... entire evidence on record. It is urged by him that the evidence on record is sufficient to sustain the conviction of the condemned prisoner under section 302 of the Penal Code. Mr. Huq, on the other hand, contends that there is no legal evidence to involve the condemned prisoner with the murder of ......nviction of the condemned prisoner under section 302 of the Penal Code is upheld but the sentence of death is altered to life imprisonment. Ed. This Case is also Reported in: 43 DLR (1991) 249. ..

Category: Criminal Law | Date: | Hits: 81

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

.... petitioners were in possession of the land for 1 ½ years and in that view of the evidence the petitioners committed no offence under section 379 of the Penal Code. 8. Mr. AQ Rashid, on the other hand, submits that the Jimma of the case hut was given by the Officer‑in‑Charge in connection wi......titioner No. 1. The accused petitioners are directed to surrender to their bail bonds and to serve the remaining period of their sentence. Ed. This Case is also Reported in: 43 DLR (1991) 245...

Category: Criminal Law | Date: | Hits: 66

Sheikh MA Jabbar Vs. AKM Obaidul Huq and others, 1990, 19 CLC (HCD)

.... 8 witnesses in support of the case and the defence none. The case of the accused‑petitioner was that he was innocent and he did not put any lock on the shop. The complainant had taken away the merchandise and his belongings from the shop in the month of July, 1985, and the criminal case was filed......passed by the Metropolitan Magistrate in case No. 792A/95 is set aside. The Rule arising out of Criminal Revision No. 239/88 is discharged. Ed. This Case is also Reported in: 43 DLR (1991) 233. ..

Category: Criminal Law | Date: | Hits: 59

Fahim Al Haque (Minor) and another Vs. Mohammad Abdul Aziz and others, 1990, 19 CLC (HCD)

....areas, but in the instant case admittedly the land in question is situated Within Faridpur Municipal area. So, we find that the above c1ccision is of' little assistance to Mr. Ali Asgar. On the other hand Mr. Md. Abdur Razzaque Miah, the learned Advocate appearing for the opposite parties, has Submi......e suit as expeditiously as possible preferably within six months from the date of receipt of this order if the suit is otherwise found ready. Ed. This Case is also Reported in: 43 DLR (1991) 226...

Category: Property Law | Date: | Hits: 59

Eastern Pharmaceuticals Ltd, Dhaka represented by its Managing Director Vs. The Chairman, First Labour Court of Bangladesh and others, 1990, 19 CLC (HCD)

....urther find from the record that the petitioner company's domestic Enquiry Officer has falsely prepared a sheet putting some questions to respondent No. 2(worker) and writing in the Inquiry Officer's hand that the replies given by the said worker respondent No. 2 was in the affirmative i.e. the Work......ned Advocate for the petitioner. On the contrary they go against him. In the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 223. ..

Category: Employment/Service Law | Date: | Hits: 89

Chevron Lines Vs. Chairman, Bangladesh Oil, Gas and Mineral Cor­poration, 1990, 19 CLC (HCD)

....er was asked to give the analysis of their offered price which they supplied on 8.1.90. The petitioner alleges that instead of awarding the contract to the petitioner, the respondent No. 1 on the one hand Started secretly negotiating with the respondent No. 4 to reduce their price in an attempt to f......e said to be arbitrary or mala fide in any manner. Impugned letter of intent dated 1.1.1990 has therefore been issued lawfully and validly. Ed. This Case is also Reported in: 43 DLR (1991) 218. ..

Category: Others | Date: | Hits: 131

Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)

....on 18.4.91. After the said President was taken from his Sena Bhaban residence to Gulshan House No. 10, Road No. 84, the said Sena Bhaban was taken over by a Committee, appointed by the Government and handed to the Chief Metropolitan Magistrate, Dhaka for making an inventory which the Committee did. ......e, with the above observation I fully agree with the decision of my learned brother Anwarul Hoque Chowdhury J. that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 347. ..

Category: Criminal Law | Date: | Hits: 73

Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)

....se later on as he had to arrest some culprits at Paribagh. At 8‑30 to 9 in the night accused Abdul Bari came to the house of Shafiqul Islam alias Arun and PW 5 and others waking Arun from his sleep handed him over to the Sub‑Inspector Abdul Bari and Abdul Bari took him to Ramna PS. It is the pro......se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ..

Category: Criminal Law | Date: | Hits: 87

Nazrul Islam and others Vs. The State, 1991, 20 CLC (HCD)

....ere standing on the ail of a land when Sabdul was being murdered by the rest of the accused. According to the confessional statement, these two accused did not participate in the murder. On the other hand, both of them have expressed that they were not even aware that Sabdul would be done to death. ...... not wanted in connection with any other case. The non‑appellant accused Kashem will however not get any benefit of this appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ..

Category: Criminal Law | Date: | Hits: 86