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Badsha (Md.) Miah and others Vs. Soleman Nessa Bibi and others, 1988, 17 CLC (HCD)
....on‑ tested that Misc. Case and it was dismissed vide order Ext. 6. After their return from Comilla, the plaintiffs came to learn that defendant No. 1 and Babar Ali, husband of defendant No. 7 are illegally possessing the 'Ka' and 'Kha' schedule land. On query, they disclosed that they took lease o......05 and 38 DLR (AD) 201 (232). In paragraph 7 of the decision reported in 21 DLR (SC), at page 450 it was observed at under: "The finding of fact for which this sanctity is claimed, pertains to the status of Tulsidas as a direct tenant qua holding No. 22 and as a nonagricultural tenant of holdin..Category: Property Law | Date: | Hits: 70
Refazuddin Mondal Vs. Abdul Razzaque @ Rezaul Karim & others, 1989, 18 CLC (HCD)
....zid, Advocate ‑ For the Petitioner. S M Amin Azaher, Advocate ‑ For the Opposite Parties. Civil Revision No. 11 of 1985. Judgment Syed Fazle Ahmed J. - This Rule calls in question the legality and propriety of the judgment and order dated 29.11.84 passed by the learned Subordinate Ju...... decision will not operate as a res judicata in a subsequent proceeding. In the instant case the previous proceeding was disposed of on a preliminary issue and no decision on other issues relating to status of co‑sharer of the opposite‑party pre‑emptor was given. Where an issue is raised but n..Category: Property Law | Date: | Hits: 68
Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)
.... Penal Code and sentenced to life imprisonment. 18. It is argued by Mr. Serajul Huq, the learned Advocate appearing for the accused ‑appellants, that the learned Additional Sessions Judge most illegally found the accused‑appellants guilty under sections 302/149 of the Penal Code inasmuch as M...... 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. ..Category: Criminal Law | Date: | Hits: 68
Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)
....d the case of Lala Beniram Vs. Kundakal reported in 26 Indian Appeal 58 and the case of Vallabhdas Naranji Vs. Development Officer reported in 56 Indian Appeal 259. 21. We have now to consider the legal position. The land belonged to the appellant but the building was constructed at the cost of t......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
.... or services of his ship. Categories (ii) and (iii), however, both differ from category (i) in the important respect that the owner remains under them in possession of his ship with all the important legal consequences that flow therefrom.
Thus a charter may operate as a demise or lease of the sh......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.
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Category: Admiralty Law or Maritime Law | Date: | Hits: 186
Anu Bala Vs. Upazila Nirbahi Officer, Perojpur and Others, 1990, 19 CLC (HCD)
....e of the plaintiff that her husband died at Perojpur at village Dumari Tala as the citizen of Bangladesh. He never migrated to India and as such describing the property as vested property is wholly illegal and without jurisdiction. 4. The defendant Government contested the suit by filing written ......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
....ons as of Annexure 'B' and the Ordinance Annexure U should not be declared as void and inconsistent with the provisions of the Constitution as having been passed without lawful authority and is of no legal effect and also prayed for an ad‑interim order staying the election of the President schedul......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.
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Category: Constitutional Law | Date: | Hits: 229
....yee Cheque dated 9.9.87 for Tk. 2,17,000.00 being part payment of the arrear rents. But the said cheque was dishonoured when it was placed on 8.9.87 for encashment. Thereafter the petitioner issued a legal notice by registered post on 4.11.91 through the learned Advocate requesting the respondent to......ain a stay order from the Appellate Court. The prayer is allowed and this judgment will come into operation just after two weeks from date.
Ed.
This Case is also Reported in: 43 DLR (1991) 603.
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Category: Company Law | Date: | Hits: 190
Kutub Uddin Bhuiyan and others Vs. Sakhina Bibi and others, 1990, 19 CLC (HCD)
....it in their personal capacity independently cites the decision in the case of Akkama Vs. Venkalpall AIR 1925 Mad. 59 wherein it has been held that where a party in a previous suit was only added as a legal representative and it was not open to him to raise any defence in personal capacity he can sub...... 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...Category: Property Law | Date: | Hits: 92
Abdur Rahman Vs. Shahanara Begum, 1990, 19 CLC (HCD)
....he suit filed in the Family Court by the plaintiff‑opposite party during pendency of her pauper case in the Court of the Subordinate Judge was not maintainable and the Court of appeal below acted illegally in setting aside the order of the Family Court rejecting the plaint. 4. Mr. Nurul Islam C......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...Category: Civil Law | Date: | Hits: 106
Afsar (Md.) Vs. Moulvibazar Pourashava and others, 1990, 19 CLC (HCD)
....e defendant No. 5/opposite party No. 1 in respect of SAS plot No. 1836 and vacated the ad-interim order passed earlier. Mr. Deb further submits that the learned Subordinate Judge has also committed illegality in taking into consideration the question of maintainability of the suit on the alleged gro......inst the added defendant No. 5 opposite Party No.1 in respect of SAS plot No. 1638 only. A show‑cause notice was however issued and the defendant No. 5 opposite party No. 1 was directed to maintain status quo till hearing of the temporary injunction matter. Upon service of the said show‑cause no..Category: Trust/Waqf Law | Date: | Hits: 181
Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)
....missibility of the post‑mortem report, it is contended on behalf of the State that the same has been put into evidence under section 509A of the Code of Criminal Procedure and as such there is no illegality. It is further contended on behalf of the State that the learned Additional Sessions Judge ......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)
.... instituted Title Suit No. 564 of 1985 for declaration that order passed by the defendant No. 2 the Additional Deputy Commissioner, (Rev.) cancelling the lease of the plaintiffs on 15.8.85 is void, illegal and not binding on the plaintiffs. The case of the plaintiffs‑opposite parties was that the ......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)
....the prosecution to secure arrest of the owner of the truck and of the goods support the defence case that PW 1 allowed the real culprits to escape and the appellants were made scape goats without any legal evidence in order to save his service. Mr. Khan further urges that there are material contradi......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
Sadharan Bima Corporation Vs. Bangladesh Shipping Corporation & others, 1990, 19 CLC (HCD)
....f the suit, the owner of the ship is domiciled in Bangladesh. He submits that as the goods in question were carried in a vessel namely, MV Banglar Callol belonging to the defendant No.1 petitioner, a legal and juristic person in Bangladesh, a person who allegedly suffered damage or loss for the good......interests of the parties in any manner whatsoever and the Court will be at liberty to decide the matter independently in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 548...Category: Admiralty Law or Maritime Law | Date: | Hits: 195
Rabindra Narayan Gope Vs. Nani Gopal Gope and other, 1990, 19 CLC (HCD)
....us Appeal No. 254 of 1982 from an order of the executing Court dated April 22, 1982 gives rise to an important question of law for consideration. The question is whether the lower appellate Court was legally competent to direct the Executing Court to proceed with an Execution Case which was disposed......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
Atash Ali and others Vs. Rebati Mohan Sarker and 3 others, 1990, 19 CLC (HCD)
....e present Rule. 3. Mr. Abu Taher Chowdhury submits that the order vacating the order rejecting the petition for temporary injunction and fixing the same upon an application under section 151 was illegal in that a specific remedy is provided in Order 47 C.P.C. by way of review and also in Order 43......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. ..Category: Civil Law | Date: | Hits: 93
.... to the Registrar, and the tribunal may make such order for making, expunging or varying the entry as it may think fit."
24. Registration to be conclusive as to validity after seven years.- In all legal proceedings relating to a registered trade mark, the original registration of the trade mark s......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.
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Category: Intellectual Property Law | Date: | Hits: 264
State Vs. Satya Narayan Sarada, 1991, 20 CLC (HCD)
....of 1989. The said Rule after hearing was made absolute and the proceeding of the aforesaid Special Tribunal Case No. 2 of 1989 was quashed mainly on the ground that the learned Sessions Judge acted illegally and without jurisdiction in converting himself as special tribunal and suo moto taking cogni......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...Category: Criminal Law | Date: | Hits: 72
Motaleb @ Mutu and others Vs. State, 1990, 19 CLC (HCD)
....al Court at the same time and dispose of the petition filed before him under section 173(3B) of the Code under his revisional powers. The learned Advocate further submits that the impugned order is illegal and without jurisdiction as the learned Sessions Judge having been in seisin of the case as tr......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
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