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Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)

....,000.00 (Tk. five thousand) only as damages. In the result, the appeal is allowed. Since there is no appearance we do not award any costs. Ed. This Case is also Reported in: 43 DLR (1991) 314.......f the plaintiff, deposed that the plaintiff, is a very reputed and influential person at Barisal and Dhaka and in first part of 1969 this witness came to know at Kaukhali that the defendants filed an application to the Governor against the plaintiff. This witness stated that Abdul Majid Mridha, the ..

Category: Civil Law | Date: | Hits: 89

Mojibur Rahman Sarker and others Vs. Shafiqul Islam and others, 1991, 20 CLC (HCD)

....amendment of the application for pre‑emption. There being no appearance from the side of the opposite party, I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 313. ......kder, Advocate ‑ For the Petitioner. Not represented-the Opposite Party. Civil Revision No. 989 of 1990. Judgment Bimalendu Bikash Roy Choudhury J. - Petitioners are pre‑emptors in an application for pre‑emption under section 96 of the State Acquisition and Tenancy Act, pending bef..

Category: Procedural Law | Date: | Hits: 81

Zulfiquar Ali Bhutto Vs. State, 1991, 20 CLC (HCD)

....cussed above, the prayer for anticipatory bail is allowed for a period of one (1) month from date. This Rule is made absolute accordingly. Ed. This Case is also Reported in: 43 DLR (1991) 312.......Hossain, Advocates ‑For the Petitioner. M. Shasul Alam, Deputy Attorney General ‑ For the State. Criminal Miscellaneous Case No. 54 of 1991. Judgment Abdul Bari Sarker J. - This is an application for anticipatory bail under section 498 of the Code of Criminal Procedure. 2. The pet..

Category: Criminal Law | Date: | Hits: 61

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

....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. ......hich may re‑appear on or after the said date, shall vest absolutely in the Government free from all encumbrances and shall be at its disposal. (4).............................. (5) All suits, applications, appeals or other proceedings in respect of any claim to the re‑possession of any lan..

Category: Property Law | Date: | Hits: 77

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

....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. ...... Lawyers Involved: Asrarul Hossain, Advocate ‑ For the Petitioner. Abdur Rashid Khan, Advocate ‑ For the Respondents. Matter No. 37 of 1988. Judgment Md. Mozammel Hoque J. -In this application under sections 37 and 46 of the Trade Marks Act, 1940 a Rule was issued directing the Re..

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

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

....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.......d: Gour Gopal Saha, Advocate- For the Petitioner. Mvi. Md. Wahidullah, Advocate-For the Opposite Party. Civil Revision No. 1078 of 1987. Judgment Naimuddin Ahmed J.- In this revisional application under section 115 of the Code of Civil Procedure an order granting past maintenance alon..

Category: Family Law | Date: | Hits: 253

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

....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....... examination of her witnesses in the aforesaid suits and it was found that some material documents produced by the petitioner were not marked as Exhibits. Thereupon on 28.3.90 the petitioner filed an application with a prayer that his documents namely, the insurance policy, bonus savings certificate..

Category: Family Law | Date: | Hits: 230

AHM Kamaluddin another Vs. The State, 1989, 18 CLC (HCD)

....the result, the application is summarily rejected. Let a copy of this judgment be sent to the Court of the Divisional Special Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (1991) 294. ......bdul Wadud Khandker, Advocate ‑ For the Petitioner. Not represented-the Opposite Party. Criminal Revision No. 338 of 1989. Judgment Fazle Hussain Mohammad Habibur Rahman J. - This is an application under section 561A of the Code of Criminal Procedure by accused petitioners. AHM Kamalud..

Category: Criminal Law | Date: | Hits: 63

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

....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. ......rch, 1972 as provided by President's Order No. of 1972, the suit cannot be said to be barred by limitation. But condition No. 19 of the policies has not prescribed a period of 12 months for filing an application under section 20 of the Arbitration Act. As a matter of fact there is no limitation pres..

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

Jahangir Nagar University Co‑operative Housing Society Vs. Mujibur Rahman (Md.) & others, 1990, 19 CLC (HCD)

....tion. The rule is accordingly discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 282.......the suit property and their kabalas were created with ulterior motive. 4. It is also the case of the petitioner that after filing of their written statement the plaintiff opposite parties filed an application on 17‑11‑87 under Order 6, rule 17 of the Code of the Civil Procedure for amendment ..

Category: Property Law | Date: | Hits: 146

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

....provision as to dismissal of a complaint under section 203 has remained unaltered. 'Dismissal' takes place where no cognizance is taken and no process is issued. But for the purpose of entertaining a fresh complaint 'dismissal' and 'discharge' are often placed on same footing. In a number of cases b......ved: Syed Ziaul Karim, Advocate ‑ For the Petitioner. AKM Zahirul Huq with MA Rouf, Advocates ‑For the State. Criminal Revision No. 27 of 1989. Judgment Abdul Bari Sarker J. - This application under sections 435, 439 and 561 A of the Code of Criminal Procedure is directed against ..

Category: Criminal Law | Date: | Hits: 66

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

....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.......l Huq, Advocates ‑ For the Opposite Party No. 2. Civil Revision No. 72 of 1978. Judgment Mustafa Kamal J. - This Rule obtained u/s. 115(old) of the Code of Civil Procedure arises out of an application u/s. 96 of the State Acquisition and Tenancy Act (pre‑emption). The learned Munsif, 3r..

Category: Property Law | Date: | Hits: 78

State Vs.Joynal Abedin and another, 1990, 19 CLC (HCD)

....are of the opinion that no case for contempt is made out against any of the contemners in this case. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 261. ...... show cause why they shall not be committed for contempt of Court for making wild, false, baseless and contemptuous allegations against the learned Munsif, Nalchity Upazila, District Jhalakati in the application for transfer under section 24 C.P.C. in Miscellaneous Case No. 25/85, 26/85 27/85 and 28..

Category: Criminal Law | Date: | Hits: 64

Bangladesh Chemical Industries Corporation & others Vs. Grand Basia Company Limited & others, 1990, 19 CLC (HCD)

....formance of contract is dismissed. There will, however, be no order as to costs. Let the lower Court's records be sent down immediately. Ed. This Case is also Reported in: 43 DLR (1991) 256. ......sets of Ferdous Tannery and as such the plaintiff is entitled to a decree as he is the purchaser of Ferdous Tannery along with its all assets wherever situated. 4. On 8.2.84 the plaintiff filed an application under Order 6, rule 17 of the Code of Civil Procedure for amendment of the plaint. In th..

Category: Property Law | Date: | Hits: 73

Mosharraf Hossain Mia Vs. Mosammat Hasina Begum and others, 1990, 19 CLC (HCD)

....mpugned order of the learned Subordinate Judge is set aside. The learned Subordinate Judge should dispose of the suit as early as possible. Ed. This Case is also Reported in: 43 DLR (1991) 254. ......the above suit for declaration that the five kabalas executed by the defendants on 7.4.84, 6.5.84 and 13.5.84 are illegal, void and not binding upon the Wakf Estate, etc. The plaintiffs also filed an application for injunction to restrain the defendants from changing the nature and character of the ..

Category: Property Law | Date: | Hits: 85

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

....eath in the circumstances of the case is the only appropriate sentence. In doing so it may confirm the sentence or pass any other sentence warranted by law or may even annul the conviction or order a fresh trial. 9. The learned Deputy Attorney-General has appeared in support of the reference whil......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

Shamsul Haque (Md.) Vs. The State, 1990, 19 CLC (HCD)

....is, therefore, summarily rejected and consequently the petition of appeal in connection therewith is also rejected as barred by limitation. Ed. This Case is also Reported in: 43 DLR (1991) 247. ......bdul Majid, Advocate ‑ For the Petitioner. Md. Sajjad Ali Chowdhury, Assistant Attorney General ‑ For the State. Courts Order No. 1 of 1990 Judgment Muhammad Ansar Ali J. - This is an application for condonation of delay in filing a Criminal appeal under section 30 of the Special Pow..

Category: Criminal Law | Date: | Hits: 70

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

....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.......6.10.86 being armed with lethal weapons namely, lathi, axe, etc. forcibly dismantled and took away the said hut in spite of protest of the complainant. Upon such accusations the complainant filed the application to the Upzila Magistrate who directed the Officer‑in‑Charge of Tangibari PS to inqui..

Category: Criminal Law | Date: | Hits: 66

Marida Begum and others Vs. Moulavi Md. Hasan and others, 1989, 18 CLC (HCD)

..... The plaints of Title Suit Nos. 86 of 1973 and 94 of 1973 be rejected. The Rules are accordingly made absolute. I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 242.......ed that they came to know of the sale for the first time on 21.11.1962 when some auction purchasers asked them to vacate the house at Cox's Bazar. Thereafter the petitioners and their mother filed an application on 10.1.1963 for setting aside the sale under section 23 of the Public Demands Recovery ..

Category: Civil Law | Date: | Hits: 79

Bangladesh Road Transport Corporation Vs. M/s. Ashraf Jute Mills Ltd., 1990, 19 CLC (HCD)

....roperties both movable and immovable of the above company to this Court within two months from the date of receipt of a copy of this order. Ed. This Case is also Reported in: 43 DLR (1991) 240. ......ny Cases, 708. Lawyers Involved: Md. Aminul Huq, Advocate ‑ For the Petitioner. Not represented ‑ the Respondent. Matter No. 9 of 1987. Judgment Md. Mozammel Hoque. - This is an application under sections 162 and 163 of the Companies Act, 1913 for winding up of the respondent c..

Category: Company Law | Date: | Hits: 165