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Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)
.... to section 52 of the Easements Act in support of his contention. Section 52 of the Easements Act defined a licence as follows: "Where one person grants to another or to a definite number of other persons, a right to do, or continue to do, in or upon the immovable property of the grantor, somethi......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. ......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. ..Category: Property Law | Date: | Hits: 110
Mozammel (Md.) Huq Vs. State, 1990, 19 CLC (HCD)
....ethod for enabling the prosecution to improve upon the evidence which was led at the original trial nor should it be resorted to for giving the prosecution a second opportunity of getting the accused persons convicted. 16. In the reported case the learned Judge found that the evidence led by the ......Court. The Special Tribunal shall have the liberty to cancel the bail‑ of the accused if and when he finds it necessary in course of trial. Ed. This Case is also Reported in: 43 DLR (1991) 614.......erty to cancel the bail‑ of the accused if and when he finds it necessary in course of trial. Ed. This Case is also Reported in: 43 DLR (1991) 614.......Court. The Special Tribunal shall have the liberty to cancel the bail‑ of the accused if and when he finds it necessary in course of trial. Ed. This Case is also Reported in: 43 DLR (1991) 614...Category: Criminal Law | Date: | Hits: 52
Anu Bala Vs. Upazila Nirbahi Officer, Perojpur and Others, 1990, 19 CLC (HCD)
....years to the knowledge of all and had been maintaining the temple of her husband and pujas are offered there. Her two daughters had been married and they have children. At the instance of some greedy persons, defendant No. 1, namely, the Custodian of Vested Property, Perojpur, and UNO of Perojpur tr......ch we find no illegality to interfere in the Revisional jurisdiction of this Court. In the result, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 611.......itioner Vs. Upazila Nirbahi Officer, Perojpur and Others...................Opposite‑Party. Judgment November 4, 1990. Cases Referred to- Circle Officer, Sutrapur Vs. Mohammad Hosain, 1990 BLD 12; Bangladesh Vs. Jahiruddin, 1986 BLD (AD) 190. Lawyers Involved: AK Badrul Huq......ch we find no illegality to interfere in the Revisional jurisdiction of this Court. In the result, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 611...Category: Limitation Law | Date: | Hits: 192
Afsar Ali Chowdhury and others Vs. The People's Republic of Bangladesh, 1990, 19 CLC (HCD)
....Further, even if the State can be termed as a "quasi private juristic person" and not only a juristic person it need be remembered that equality as under Article 27 means equality between citizens or persons of the same footing. A reasonable classification is never ultra vires of the equality clause...... 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...... a modern welfare State it has more economic functions now a days than political. It no longer exists only to declare war or conclude treaties but it rather manages the everyday life of its citizens, education, food, shelter and the like and in exercising those economic functions of the State the St..Category: Civil Law | Date: | Hits: 87
Yakub (Md.) Ali Howlader Vs. Abdur Rab Munshi, 1990, 19 CLC (HCD)
....bdur Rab Munshi contested as candidate for the post of Chairman, Shariatpur Upazila Parishad in Shariatpur district held on 14th March, 1990. The petitioner and the opposite party No. 1 were only two persons who filed their nomination papers for contesting the said election. 18.2.90 was fixed for th......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......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. ..Category: Election Law | Date: | Hits: 156
Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)
....ut 1 AM while he (the informant) was smoking 'Hukka' he heard alarm of the wife of his son Nur Mia and then came out of the hut with a three battery charged torch light in hand and saw by its focus 5 persons passing away by the eastern side of his hut with chewar, dao, knife in hands of whom he coul......41. Now, let us see how far the version of PW 2 Hosneara, the only eye‑witness of the occurrence can be relied upon to sustain the conviction of the accused appellants. It is well‑settled that an interested witness particularly when she is the wife of the victim as in this case, an independent c......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. ......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. ..Category: Criminal Law | Date: | Hits: 82
Abdul Quader Chowdhury Vs. Sayedul Hoque & others, 1990, 19 CLC (HCD)
....case of the plaintiffs‑opposite parties was that the land in suit measuring 78.23 acres in plot No. 123 of Mouza Char Wapda was recorded in a block during Diara Survey in the names of the different persons on the basis of their title and possession. The land of plot No. 123 is a reformed land and ......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. ......Vs. Hiru and others, 1936 Lah 138; Salyendra Kishore Roy Vs. Ramendra Kishore Roy, 7 BCR 227 (AD); Hazi Nurul Islam Vs. Serajul Islam and others, 4 BCR 1984 (AD) 401. Lawyers Involved: Ruhul Amin‑II with Golam Mohiuddin, Advocates ‑For the Petitioner. Ruhul Amin, Advocate ‑ For the O......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. ..Category: Property Law | Date: | Hits: 72
Amir Ali & others Vs. State, 1990, 19 CLC (HCD)
....spect to which there may be reasonable suspicion that they are smuggled goods. Although in a criminal case the onus is always on the prosecution to prove that the offence was committed by the accused persons but Clause (89) of sub‑section (8) of section 156 is an exception of the rule. In this cas......sult, the appeal is allowed and the order of appellants shall be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 564. ......ppellants shall be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 564. ......sult, the appeal is allowed and the order of appellants shall be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 564. ..Category: Fiscal/Taxation Law | Date: | Hits: 101
Rabindra Narayan Gope Vs. Nani Gopal Gope and other, 1990, 19 CLC (HCD)
....faction of the decree, shall be determined by the Court executing the decree and not by a separate suit." Order 2 1, rule 15 reads: "(1) Where a decree has been passed jointly in favour of more persons than one, any one or more of such person may unless the decree imposes any condition to the ......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. ......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
....in respect of the same goods or description of goods, subject to such conditions and limitations, if any as the Registrar may think fit to impose.
(3) Where separate applications made by different persons are identical or nearly resemble each other in respect of the same goods or description of g......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.
......d 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.
......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.
..
Category: Intellectual Property Law | Date: | Hits: 264
Motaleb @ Mutu and others Vs. State, 1990, 19 CLC (HCD)
.... Shahabuddin near his navel. Soon thereafter on the order of accused petitioner Barik, accused Mogal fired another shot from his rifle whereupon the informant party had dispersed and then the accused persons departed from the place of occurrence. Shahabuddin was found lying with bleeding injury and ......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.......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...Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. Unimarine SA Panama and other, 1977, 6 CLC (HCD)
.... decision of any recognised court which has allowed immunity to foreign property in such elastic terms as Mr. Hafizullah wants us to apply. Immunity is available under the Public International Law to persons and properties of classified person and mentioned in the list which is usually filed by fore......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- ......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. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 240
State Vs. Md. Ali Kibria @ Shahzijahan and others, 1990, 19 CLC (HCD)
....ia that the informant received a telephone call at 4 PM from his uncle Nurur Rahman that at 41/4‑A, Jigatala in Dhaka City his distant cousin Kaoser son of Mahibur Rahman was killed by some unknown persons in his house. The informant rushed to the said house and found the dead body of the said Kaw......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.......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...Category: Criminal Law | Date: | Hits: 93
Nehal Uddin (Md.) and others Vs. Amena Khatun and others, 1990, 19 CLC (HCD)
....in for 10/11 years. Thereafter she had the s/1 in direct khas possession for 5/6 yrs. For the last 7/8 yrs. the s/1 is again being possessed through adhiars Kasimuddin and Safaruddin among some other persons. Defendant Nos. 2‑4 have also been adhiars with respect to the s/1 for 7/8 yrs. The land s...... of his vendor on partition. (3) A stranger purchaser from a co‑sharer who sold the property and the purchaser possessing it openly as of right without any attempt at concealment so that any person interested may know about his exclusive possession on the basis of his purchase, in such a case the ......t down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 492.......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...Category: Property Law | Date: | Hits: 71
Investment Corporation of Bangladesh Vs. Bata Shoe Company (Bangladesh) Ltd., 1990, 19 CLC (HCD)
....ade to partly finance the first phase of the company's programme of expansion including establishment of a new Footwear and a Tannery at Dhamrai, Dhaka, In response to the said prospectus hundreds of persons applied for shares of the respondent‑company and many successful applicants got allotment ......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. ......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
Gulshan Ara Begum Vs. Moazzem Hossain Chowdhury and others, 1990, 19 CLC (HCD)
.... on 29.9.86, 30.9.86 was fixed in the summons for appearance of the substituted defendants. On 30.9.86 an order was passed fixing 29.1.87 for ex parte hearing. Process server has written names of two persons showing them as witnesses for service of summons. But the alleged two witnesses did not put ......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. ......ision (Civil Revisional Jurisdiction) Present: Md. Mozammel Hoque J Habibur Rahman Khan J Gulshan Ara Begum alias Jhanara and others................Petitioners Vs. Moazzem Hossain Chowdhury and others ..................Opposite Parties. Judgment February 19, 1990. Cas......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. ..Category: Procedural Law | Date: | Hits: 68
Mir Amir Ali Vs. State, 1991, 20 CLC (HCD)
....ed it and the teachers started repaying the loan amount from before the lodging of the FIR by installments from their salary and for this no criminal intention could be traced out against the accused persons. 5. It is also stated that the drawing of money by the Primary School teachers as loan gr......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. ......o secure the ends of justice. Mr. M Nurullah also submits that the loan having been sanctioned by the Upazila Education Officer responsible for the execution of all directives relating to the primary education according to the provision of Rule 13(1)(A)(B), sub‑Rule (4) and sub‑Rule (5)(a)(b) an..Category: Criminal Law | Date: | Hits: 104
A M A Wajedul Islam Vs. State, 1993, 22 CLC (HCD)
.... that the appellant made irregular payments to the bank's customers having no credit balance in their accounts after accepting cheques from them under instruction of his superior officer co‑accused persons and returned some of those cheques on payment of the amount of the cheques and the same was ......he receipt registers Exts. 3(1) and 3 (2) and the appellant could not be held responsible to account for the same. He further submitted that bank's cash was counted in the absence of the appellant by interested bank officers and not by any neutral person and they might have misappropriated the alleg......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. ......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. ..Category: Criminal Law | Date: | Hits: 91
Sk. Shahadat Ali and others Vs. Deputy Commissioner, Khulna and others, 1992, 21 CLC (HCD)
....egal effect and why the respondent No.1 shall not be directed to restore the petitioners the possession of the same. 2. The case of the petitioners is as follows: The petitioners along with 82 persons migrated to the then East Pakistan in 1947. They claim to have been victims of communal riot......without any order as to costs. It is directed that the petitioners be restored to full physical possession of their land in question. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 237. ......petitioners be restored to full physical possession of their land in question. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 237. ......without any order as to costs. It is directed that the petitioners be restored to full physical possession of their land in question. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 237. ..Category: Property Law | Date: | Hits: 138
Government of Bangladesh and others Vs. Abul Hashem Khan, 2009, 38 CLC (AD)
....ttedly, the order of reinstatement was made pursuant to the recommendation of forum constituted to reconsider the pending application for review and to suggest recommendation regarding the affected persons under the Martial Law Order No.9 of 1982 under its provision of paragraph 1A of the M.L.O.No...... 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. ......ut any other as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 271. ...... 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. ..Category: Administrative Law | Date: | Hits: 160
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