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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.......For the Opposite Parties. Civil Revision No. 62 of 1985. Judgment AM Mahmudur Rahman J. - By this Rule the petitioners challenge an order of the learned Munsif, 6Lh Court, Dhaka rejecting an application for amendment of the plaint. 2. The petitioners instituted Title Suit No. 932 of 1982..

Category: Property Law | Date: | Hits: 92

Abdur Rahman Vs. Shahanara Begum, 1990, 19 CLC (HCD)

.... shall continue in that Court and shall be heard and disposed of by that Court. There is no bar under the said provision to withdraw or discontinue a pending case from any other Court and in filing a fresh suit in the Family Court for the self‑same relief. The provision is to save the pending case...... 1 (FC) of 1986 in the 2nd Court of Munsif and Family Court, PS Double Moorings, Chittagong for recovery of the self‑same amount of Tk. 3,09,667.00. In that suit the defendant‑petitioner filed an application under section 6(2)(a) of the Family Courts Ordinance, 1985 and after hearing by order da..

Category: Civil Law | Date: | Hits: 106

Abul (Md.) Kashem & others Vs. Ashrafuzzaman, 1990, 19 CLC (HCD)

....defendant petitioners filed application under Order 7 rule 11 of Code twice. By order dated 23.3.1986 their application under Order 7 rule 11 of the Code was rejected. Again order dated 16.4.86 their fresh application under Order 7 rule 11 of the Code was again rejected. On their application issue N......submitted that the Court below committed no illegality in passing the impugned order and in accepting the valuation given by plaintiff in the plaint. He submitted that the defendant petitioners filed application under Order 7 rule 11 of Code twice. By order dated 23.3.1986 their application under Or..

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. ......awyers Involved: Jamiruddin Sircar, Advocate ‑ For the Petitioners. Not represented-the opposite Party. Civil Order No. 1932 of 1990. Judgment Anwarul Hoque Choudhury J. - This is an application under section 115(1) of the Code of Civil Procedure and is directed against an order dat..

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. ......agement of the Waqf Estate. 3. On filing the above suit, on 22.12.73 the plaintiff petitioner prayed for temporary injunction against the defendant Nos. 1‑3 i.e. opposite party Nos. 2 to 4 by an application under Order 39 rule 1 C.P.C. whereupon a show cause notice with ad‑interim order of in..

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. ...... 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 Rule arises out of an application under section 115 read with section 151 of the Code of Civil Procedure and is directed a..

Category: Election Law | Date: | Hits: 156

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

....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. ......ions 302/34 of the Penal Code specifically on the allegations that the appellants committed murder of the victim in furtherance of common intention, we feel in the facts and circumstances of the case application of section 460 of the Penal Code in the charge is materially defective. In this connecti..

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. ...... the plaintiffs were not made parties. The plaintiffs instituted a suit for permanent injunction in the Court of Munsif, 1st Court, Sadar, Noakhali against the petitioner and others and also filed an application for temporary injunction restraining the defendants not to proceed with the demarcation ..

Category: Property Law | Date: | Hits: 72

Bangladesh Vs. Dewan Obaidur Reza Chowdhury and Others, 1990, 19 CLC (HCD)

....l and the same should be set aside. In view of the above, on setting aside the impugned judgment and decree, the appeal is generally sent back on remand to the Court of appeal below for rehearing and fresh decision in accordance with law, but as it is a very old suit of the year 1966 and when all ma......ff alleged to have been called for by the plaintiff from them. 13. The learned Advocate for the appellant however submits that nothing appears in the order‑sheet of the trial Court that any such application was filed on behalf of the plaintiff calling for the alleged original documents from the..

Category: Property Law | Date: | Hits: 101

Sadharan Bima Corporation Vs. Bangladesh Shipping Cor­poration & others, 1990, 19 CLC (HCD)

....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.......€‘ur‑Rahim, Advocate -For the Plaintiff. M Hafizullah with Sk. Siddique, Advocates ‑For the Defendant No. 1. Admiralty Suit No. 55 of 1985. Judgment Md. Mozammel Hoque J. - This is an application filed by the Defendant No. 1 petitioner under Order 7, rule 10 read with section 151 of ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 195

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

....filed Family Court Appeal Nos. 42 and 43 of 1989 against the same and by the impugned analogous judgment both the appeals were allowed and both the suits were remanded to the trial Court for hearing afresh. 6. The only question raised in these two rules is whether the Court of appeal below was ju......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. ..

Category: Family Law | Date: | Hits: 210

Rabindra Narayan Gope Vs. Nani Gopal Gope and other, 1990, 19 CLC (HCD)

....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. ......, where any of them has died, for the benefit of the survivors and the legal representatives of the deceased. (2) Where the Court sees sufficient cause for allowing the decree to be executed on an application made under this rule, it shall make such order as it deems necessary for protecting the ..

Category: Procedural Law | Date: | Hits: 81

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. ......r temporary injunction. The defendants also filed written objection. The matter was adjourned from time to time. And ultimately on November 11, 1986 the petition was rejected which was followed by an application under section 151 C.P.C. vacating the order rejecting the petition for temporary injunct..

Category: Civil Law | Date: | Hits: 93

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

....3 came into force and under the provisions of above PO 19 of 1973 all trademarks registered In Pakistan ceased to be registered Trade Marks in Bangladesh and Special procedure was laid down to apply afresh for summary registration of such marks as certified and sealed by the Trade Marks Registry in ......orney‑General ‑For the added Respondent No. 4. Shahabuddin Ahmad Deputy Attorney‑General-For the Respondent No. 3. Matter No. 44 of 1988. Judgment Md. Mozammel Hoque J. - This is an application under section 72 read with section 46 of the Trade Marks Act, 1940, for giving a directi..

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.......or the Petitioner. Jamiruddin Sircar with Asaduzzaman and Mir Hashmat Ali, Advocates ‑ For the Opposite Party. Criminal Revision No. 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 R..

Category: Criminal Law | Date: | Hits: 72

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.......ned through Court delivery of possession of his 8 annas share in the properties on 22.6.90. On the other hand, the plaintiff preferred Civil Rule No. 892(F) of 1980 to the High Court Division with an application under section 5 of the Limitation Act for condonation of the delay in filing FMT No. 342..

Category: Procedural Law | Date: | Hits: 86

Abul Kashem Vs. Mafiz Mia and others, 1991, 20 CLC (HCD)

....aid Union Parishad because the disqualification of OP No. 1 was not known even to him. As the Bank authority did not consider him to be defaulter, it cannot be said that he suppressed the fact. So, a fresh election would be more proper by giving him an opportunity to remove his disqualification. Had......nt of loan and accordingly he did not lead any evidence to that effect at the trial. In the memorandum of appeal also no such ground was taken. It is only at the appellate stage that on his behalf an application was made for amendment of the said memo for incorporation of a ground to that effect. Th..

Category: Election Law | Date: | Hits: 139

Motaleb @ Mutu and others Vs. State, 1990, 19 CLC (HCD)

....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.......ocate ‑ For the Petitioner. AKM Shamsul Karim, Assistant Attorney‑General ‑For the State. Criminal Revision Case No. 322 of 1987 (Narsingdi). Judgment Habibur Rahman Khan J. - On an application filed under section 561A of the Code of Criminal Procedure the Rule was issued calling u..

Category: Criminal Law | Date: | Hits: 67

Bangladesh Vs. Unimarine SA Panama and other, 1977, 6 CLC (HCD)

....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. ......f, filed a money suit against the defendants, for recovery of Tk. 1,01,47,500.00 for damage caused to 5109 metric tons of wheat, carried by defendants due to contamination by sulphur. In that suit an application under Order 38 rule 5 of the Code of Civil Procedure was also filed upon which the impug..

Category: Admiralty Law or Maritime Law | Date: | Hits: 240

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.......osecution version comes in conflict with the version, appearing in the confessional Statement. 12. Further it may be mentioned here that the condemned prisoner in the earliest opportunity filed an application before the Court and retracted the confession. In his application dated 2.5.85 filed bef..

Category: Criminal Law | Date: | Hits: 93