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Atiqur Rahman Vs. AKM Fazlul Hoque, 1990, 19 CLC (HCD)

....ni. In the result, the Rule is discharged and stay granted by this Court earlier is vacated. Sent down the records at once. Ed. This Case is also Reported in: 43 DLR (1991) 49. ......learned Magistrate for return of the menthol the learned Magistrate by his order dated 8.5.1981 released the seized menthol. This order of the learned Magistrate was set aside by the learned Sessions Judge, Dhaka in Criminal Revision No. 44 of 1981 6. The opposite party No.1 Superintendent Cust..

Category: Fiscal/Taxation Law | Date: 11 Jun, 1990 | Hits: 80

Abdul Mannan and others Vs. Akram Ali and others, 1990, 19 CLC (AD)

....reasonable. The Registrar is directed to put up the matter to the Chief Justice for necessary order as to transfer of the case. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 129. ......estion the judgment and order of the High Court Division in Revision remanding the case to the Trial Court for re-trial. 2. Appellants filed Title Suit No.27 of 1981 in the Court of Subordinate Judge, Sylhet for declaration of their title to the suit land on the basis of settlement from the la..

Category: Procedural Law | Date: 6 Jun, 1990 | Hits: 107

Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)

....ion'. Finding to this effect of the courts below is perfectly correct. All these appeals are therefore dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 34. ......Shahabuddin Ahmed CJ.- These six appeals by special leave are directed against a common judgment of a Division Bench of the High Court Division, dated 23 April 1986, upholding an order of the Company Judge, dated 28 March 1985, directing rectification of the Share Registers of the Appellants-Compani..

Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296

Siddik Ali Vs. Nurun Nessa Khatun and others, 1990, 19 CLC (AD)

....defendants. In the result, the appeal is allowed. Prayer for substitution is allowed after setting aside abatement. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 3. ......s against the judgment dated 13.10.83 passed by a Single Bench of the High Court Division, Comilla, in Second Appeal No. 94 of 1968 setting aside the judgment dated 31.12.66 passed by the Subordinate Judge, Second Additional Court, Sylhet in Title Appeal No. 69 of 1965 affirming the judgment dated 2..

Category: Property Law | Date: 28 May, 1990 | Hits: 57

Abdur Rouf Mia Vs. Ministry of Local Government, Rural Develop­ment and Co‑operatives and others, 1990, 19 CLC (HCD)

....Judgment May 24, 1990. Upazila Parishad (Election of Chairman) Rules, 1983; Rule 38(3)     In case of any grievance the petitioner shall raise objection before the Presiding Officer or pray for recounting the ballots. In this case the petitioner filed an applicati......poll. In the result, the Rule is discharged and the order of stay granted on 6.5.90 is vacated. There will be no order for costs. Ed. This Case is also Reported in: 43 DLR (1991) 29. ..

Category: Election Law | Date: 24 May, 1990 | Hits: 101

AH Shamsuddin Ahmed Vs. Begum Arafat & others, 1990, 19 CLC (HCD)

..... In the result, the Rule is discharged. However, there will be no costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 52. ......Party No.1. Civil Revision No.201 of 1987. Judgment AM Mahmudur Rahman J. - By this Rule the defendant‑petitioner challenges the judgment and decree passed by the learned Subordinate Judge, Chandpur, in Title Appeal No.33 of 1986 setting aside those of the learned Munsif, 1st Court,..

Category: Property Law | Date: 22 May, 1990 | Hits: 111

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

....he accused petitioners be acquitted of the charge levelled against them. The accused petitioners be discharged from their bail bonds. Ed. This Case is also Reported in: 43 DLR (1991) 40. ......eef Ahmed, Advocate‑ For the State. Criminal Revision No.102 of 1988. Judgment AKM Sadeque J. - The rule is directed against the Judgment an order dated 7.9.87 passed by the Sessions Judge, Manikgonj in Criminal Appeal No. 9/87 allowing the appeal and sending the case back on remand..

Category: Criminal Law | Date: 14 May, 1990 | Hits: 66

Ayesha Khatun (Musammat) Vs. Musammat Jahanara Begum & others, 1990, 19 CLC (AD)

.... per provision of section 96 of the State Acquisition and Tenancy Act. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 9. ......t allowing the pre‑emptor's application under section 96 of the State Acquisition and Tenancy Act. 2. The appellant instituted Miscellaneous Case No. 91 of 1979 in the Court of Subordinate Judge Pabna for pre‑empting a deed of sale executed on 20th March, 1979, but registered on 21st Ju..

Category: Property Law | Date: 11 Apr, 1990 | Hits: 47

Sonali Bank Vs. Nurul Kader and another, 1990, 19 CLC (HCD)

....aw. Send a copy of the judgment to the learned District Judge for sending his report to this court as directed. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 21.   ......er in exercise of my power under section 115 CPC. The learned Munsif is directed to proceed with the suit in accordance with law. 7. Before I part with the judgment I direct the learned District Judge to call for an explanation from the learned Munsif as to why by order dated 2b.3.86 the, learn..

Category: Civil Law | Date: 5 Apr, 1990 | Hits: 1

Kanak Mala Vs. Md. Safiuddin & others, 1990, 19 CLC (HCD)

....ly set aside and the suit is dismissed. In the result, the Rule is made absolute as indicated above without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 38. ......1. Civil Revision No. 1015 of 1988. Judgment Syed Fazle Ahmed J. - This Rule calls in question the legality and propriety of the Judgment and decree dated 30.6.88 passed by Subordinate Judge, 4th Court, Dhaka in Title Appeal No. 20987 affirming the judgment and decree dated 30.6.87 pa..

Category: Property Law | Date: 5 Apr, 1990 | Hits: 74

Sonali Bank Vs. M/s Begg & Beg Jute Incorporated Limited & others, 1990, 19 CLC (HCD)

.... discretion in refusing the in­terest to the plaintiff. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 27. ......1 of 1987. Judgment Nurul Huque Bhuiyan J. - This appeal by the plaintiff appellant Sonali Bank is directed against the judgment and decree dated 24.12.86 passed by the Court of Subordinate Judge and Commercial Court No.II at Dhaka. 2. The appellant as plaintiff instituted the suit ag..

Category: Civil Law | Date: 1 Apr, 1990 | Hits: 79

Aftabuddin Fakir Vs. Sowdagar Rabi Das & others, 1990, 19 CLC (HCD)

....ion laid down in Order XLI rule 31 CPC. In the result, the Rule is made absolute as indicated above without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 42. ...... Civil Revision No.483 of 1988. Judgment Syed Fazle Ahmed J. - This Rule calls in question the legality and propriety of the judgment and decree dated 2nd May, 1988 passed by Subordinate Judge, Netrokona in OC Appeal No.2 10 of 1986 affirming the judgment and decree dated 28.9.86 passed..

Category: Civil Law | Date: 29 Mar, 1990 | Hits: 65

M/s. Rising Sun Traders Ltd. Vs. Chittagong Port Authority and another, 1990, 19 CLC (HCD)

.... the impugned Judg­ment of the learned Subordinate Judge is set aside and the award dated 14.12.1986 is made the Rule of the Court. Ed. This Case is also Reported in: 43 DLR (1991) 1. ...... Order No.24 of 1989. Judgment Md. Sohrab Ali J. - This Appeal under sec­tion 39 of the Arbitration Act directed against the Judgment and order dated 30.4.1989 passed by the Subordinate Judge, 2nd Court, Chittagong in Other Suit No.5 of 1987 setting aside the Arbitration Award dated 14..

Category: Alternative Dispute Resolution | Date: 28 Mar, 1990 | Hits: 176

Bangladesh Leaf Tobacco Company Ltd. Vs. Md. Abdul Mannan and others, 1990, 19 CLC (HCD)

....e learned District Judge is directed to dispose of the ap­peal on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 7. ......din Sarker J. - This Rule was issued at the instance of the peti­tioner calling upon the plaintiff‑opposite parties to show cause as to why the order dated 2.4.88 passed by the learned District Judge, Dhaka in Title Appeal No. 23 of 1988 should not be set aside. 2. The plaintiff‑opposit..

Category: Property Law | Date: 27 Mar, 1990 | Hits: 75

Zahura Khatun and others Vs. Rokeya Khatun and others, 1991, 20 CLC (AD)

....gitate the same in the absence of the respondents. 9. The appeal is, therefore, dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 98. ......nder section 106 of the Transfer of Property Act was necessary if the tenant had proved himself to be a defaulter. The Trial Court held the tenant to be a defaulter. On appeal the learned Subordinate Judge, 1st Court, Dhaka by his judgment and decree dated 27-2-83 in Title Appeal No.101 of 1983 foun..

Category: Tenancy Law | Date: 25 Mar, 1990 | Hits: 124

Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)

....e are set aside and the suit is accordingly dismissed. In 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) 18. ......06 of 1980. Judgment Muhammad Ansar Ali J. - This appeal at the instance of defendant No. 1 is directed against the judgment and decree dated 24.7.80 passed by Mr. Z H Md. Daud, Subordinate Judge, 1st Court, Dhaka in Title Suit No.502 of 1974 for Specific Performance of Contract. 2. T..

Category: Property Law | Date: 15 Mar, 1990 | Hits: 66

Abdur Rabban (Md) Vs. Aminul Hoque Sowdagar and another, 1990, 19 CLC (AD)

.... For the reasons stated above we do not find any merit in the appeal. The appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 19. ......High Court Division, Chittagong Bench in Second Anneal No 348 of 1976). Judgment Mustafa Kamal J.- The plaintiffs appeal by special leave is from the judgment and decree of a learned Single Judge of the High Court Division, Chittagong dated 13.2.94 in Second Appeal No.348 of 1976 dismissin..

Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123

Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)

....ected to surrender to his bail bond and to serve out the sentence. Appeal No.10 of 1985 is dismissed and order of acquittal is upheld. Ed. This Case is also Reported in: 43 DLR (1991) 87. ...... Syed Fazle Ahmed J.- Appellants namely, Ataur Rahman, Amir Hossain, Mofazzal Hossain, Abdur Rab Bhuiyan, Siddique Sarker and Nurul Haque along with others were placed on trial before the Sessions Judge, Munshiganj in Sessions Case No. 45 of 1985 to answer charge under sections 302/34 and under s..

Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65

Zakir Hossain and others Vs. The State and other, 1990, 19 CLC (AD)

....tan Magistrate, Dhaka is stayed till the disposal of Title Suit No.159 of 1987 of the First Court of Subordinate Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ...... as on 04-1-1981. 3. The appellants' case is that before filing of the aforesaid FIR appellant Nos. 1 and 2 instituted Title Suit No. 159 of 1987 on 8.4.87 in the First Court of Subordinate Judge, Dhaka impleading respondent No. 2 as the principal-defendant and appellant Nos. 8 to 1 as pro..

Category: Anti-Corruption Laws | Date: 12 Mar, 1990 | Hits: 114

Abdul Momen Bhuiyan Vs. Haji Payez Ali Mia and others, 1990, 19 CLC (HCD)

....us, for the reasons stated above, we do not find any substance in this petition. Accordingly, the petition is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 97. ......Tk. 2 lacs in 1980 from the concerned Bank, which ultimately reached to an amount of Tk. 11,16,445/‑. The Bank instituted a civil suit being Money Suit No. 3 of 1987 in the Court of the Subordinate Judge, Narsingdi for realisation of the Bank dues against the petitioner. 6. The petitioner on ..

Category: Election Law | Date: 5 Mar, 1990 | Hits: 136