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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. ......ated that the dead body of Suruj was kept in the informant's house. Many people including Malfu, Giasuddin, Abdul Huq Bhuiyan, Ali Newaz Bhuiyan came to the scene on hearing hue and cry raised by the party. To them the informant and the witnesses made a request to recover the three dead bodies which..

Category: Criminal Law | Date: | Hits: 68

Haji Md. Ishaque and others Vs. Rupali Bank, 1990, 19 CLC (HCD)

....uit and the Court below rightly rejected the plaint. In the result the appeal is dismissed with costs to the defendant respondent No. 1. Ed. This Case is also Reported in: 43 DLR (1991) 621. ...... Mohammad Habibur Rahman J Kazi Ebadul Hoque J Haji Md. Ishaque and others............................Petitioner Vs. Rupali Bank .................................................Opposite party. Judgment August 6, 1990. Case Referred to- Chapala Sundari Vs. Wahed Ali, 11 DLR..

Category: Procedural Law | Date: | Hits: 67

Bangla Jalpari Lines (Pvt) Ltd. Vs. Continental Grain Company (Canada) Ltd. and others, 1990, 19 CLC (HCD)

....nished there is no merit in these two revisional applications. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 617. ......d the decree eventually passed will be frustrated. After hearing the plaintiff‑petitioner the Court below on 6.7.81 passed the conditional order of attachment of the vessel. Thereafter the opposite party No. 1 the Continental Grain Co (Canada) Ltd. of Civil Revision No. 111 of 1981 filed Miscellan..

Category: Admiralty Law or Maritime Law | Date: | Hits: 186

Mozammel (Md.) Huq Vs. State, 1990, 19 CLC (HCD)

....e framing of accusation and the trial upon charges of both scheduled and non‑schedule offences together suffered from complete lack of jurisdiction, this could not at all be considered to be a mere defect in the framing of charges which by aid of section 537 of the Code of Criminal Procedure can b......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)

....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....... careful consideration of the pleadings of the parties and the evidence on record decreed the suit vide judgment and order dated 30.8.89 and the decree was signed on 7.6.89 and on 5.5.90 the opposite party Nos. 1 to 3 namely, the Custodian of Vested Property and others filed Tide Appeal No. 67 of 19..

Category: Limitation Law | Date: | Hits: 192

Abdus Samad Azad, MP & others Vs. Bangladesh, through Secretary, Ministry of Law and Justice and others, 1991, 20 CLC (HCD)

....atter be placed before the regular Bench on the re‑opening of the Court on 20th October, 1991 for hearing of the substantive application. Ed. This Case is also Reported in: 43 DLR (1991) 607. ......the Election of the President and Vice‑President in America which he recalled as the seat of greatest democracy in the world. He continues that in America there is no restriction for voting against party candidates but voters casting votes against their party candidates are declared as "faithless ..

Category: Constitutional Law | Date: | Hits: 229

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.......t getting any physical possession of the land sold the same to Prasanna Kumar Naha on 23.4.46 who in his turn transferred his interest to one Moula Box the predecessor‑in‑interest of the opposite party by lease dated 9.3.1949. It is alleged that petitioners were not impleaded in the Revenue sale..

Category: Property Law | Date: | Hits: 92

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.......d 1st Commercial Court, Chittagong setting aside the order dated 30.3.87 passed in Money Suit No. 1 (FC) of 1986 by the 2nd Court of Munsif, Chittagong. 2. It appears that the plaintiff‑opposite party filed Miscellaneous Case No. 9 of 1985 in the 2nd Court of Subordinate Judge, Chittagong on 2...

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. ...... of Keramat Ali Bepari Vs. Province of East Pakistan reported in 22 DLR 646 and also the case of Syed Ahmed Vs. Keshab Chandra and another reported in 1988 BLD 60; 22 DLR 646 to which one of us was a party is a Single Bench decision. In that case the petitioner instituted a suit against defendants f..

Category: Civil Law | Date: | Hits: 94

Afsar Ali Chowdhury and others Vs. The People's Republic of Bangladesh, 1990, 19 CLC (HCD)

.... 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. ......y within 30.6.83 by instalment but they also defaulted to pay. 3. During the pendency of the suit the defendant filed an application for rejection of the plaint stating that the plaintiff opposite party filed a criminal case before the magistrate being 410C/82 which was subsequently transferred t..

Category: Civil Law | Date: | Hits: 87

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. ......stay dated 12.5.78. 2. Facts relevant for the disposal of the above rule may briefly be stated as follows: The petitioner as plaintiff instituted Title Suit No. 304 of 1973 against the opposite party Nos. 2‑4 as defendant Nos. I to 3 and opposite party No. 5 as pro forma defendant No. 4 for ..

Category: Trust/Waqf Law | Date: | Hits: 181

Yakub (Md.) Ali Howlader Vs. Abdur Rab Munshi, 1990, 19 CLC (HCD)

....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. ......2 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. 2072 of 1990. Judgment Anwarul Haque Chowdhury J. - This Ru..

Category: Election Law | Date: | Hits: 156

Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)

....ction 342 of the Cr.P.C. and the other materials on record and then the impugned judgment and order. It is contended by the learned Advocates on behalf of the appellants that the charge is materially defective and the ace used ‑appellants have been prejudiced thereby, Nextly, it is contended by th......karber” (Money landing business.) He stated that PW 1 and father of accused Hannan, Taher, Golap and also accused Abdul Hye purchased some lands from Shamendra Razang. PW 1 dispossessed the accused party 5/6 years back prior to the occurrence. "I stated that the said dispute was settled up between..

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. ......Bargadars in favour of ldris Miah in respect of 32.50 acres of land. It also considered the evidence of both the PWs and DWs. 8. The learned Assistant Judge further found that Shamsul Hoq opposite party No. 5 and Bazlul Karim, husband of the opposite party No. 11, were Government servant and they..

Category: Property Law | Date: | Hits: 72

Amir Ali & others Vs. State, 1990, 19 CLC (HCD)

....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. ......ction 25B of the Special Powers Act, 1974 cited a decision in the case of Abdul Hamid and another Vs. The State, 40 DLR 477 and referred me to paragraph No. 14 of the report. In that decision I was a party. That decision is not wholly on the points which fall for decision in the case. The principle ..

Category: Fiscal/Taxation Law | Date: | Hits: 101

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. ...... 2(a). Exhibit 2 relates to an Advocate Commissioner's report in a proceeding in respect of Criminal Case No. 187 of 1943 of the Court of SDO Sunamganj between one Narendra. Kumar Purakaysta as first party and Shamsher Ali and others as second party and Ext. 2(a) relates to a sketch map in respect o..

Category: Property Law | Date: | Hits: 101

Hosne Ara Begum Vs. Alhaj Md. Rezaul Karim and others, 1990, 19 CLC (HCD)

....e Court of appeal under section 17 of the said Ordinance, 1985, but nevertheless remaining a Court subordinate to the High Court Division. Ed. This Case is also Reported in: 43 DLR (1991) 543. ...... Ali Vs. Nur Hossain, AIR 1949 Lah 131. Lawyers Involved: M Fazlul Karim with Md. Omar Farook, Advocates ‑ For Petitioner (In both the cases). Mozammel Hossain, Advocate ‑ For Opposite party (In both the cases). Civil Revision Nos. 68 and 69 of 1990. Judgment Kazi Ebadul Hoqu..

Category: Family Law | Date: | Hits: 210

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. ......of appeal from the order of dismissal of the injunction petition. He further submits that it is a well‑settled principle of law that where a legal remedy is provided for in the Code to an aggrieved party the inherent power shall not be exercised under section 151 C.P.C. 4. Mr. Miah Abdul Gafur ..

Category: Civil Law | Date: | Hits: 93

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

....grieved by the absence or omission from the register of any entry, or by any entry made in the register without sufficient cause, or by any entry wrongly remaining on the register, or by any error or defect in any entry in the register, may apply in the prescribed manner to a High Court or to the Re......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

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.......71 of 1990. Judgment Muhammad Ansar Ali J. - Upon an application under section 561A of the Code of Criminal Procedure at the instance of the State this Rule was issued upon the accused opposite party to show cause as to why the order dated 11.10.88 passed by the learned Upazila Magistrate, Din..

Category: Criminal Law | Date: | Hits: 72