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Kazi Mobarak Ali Vs. Mohammad Yeasin Mazumder and others, 1990, 19 CLC (AD)
.... on a different ground, as stated above. In the result, the appeal is dismissed without, however, any cost. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 60. ...... of 1980 in the 3rd Court of Munsif, Comilla, for a declaration that the decision of the Village Court was void on the ground of malice on the part of the Chairman. The defendant‑appellant filed an application under Order VII, rule 11 Civil PC, for rejection of the plaint taking the ground that th..Category: Others | Date: 29 Aug, 1990 | Hits: 115
Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)
....learned Company Judge. In the result, therefore, the appeal is allowed without any order as to cost. The impugned judgment is set aside and the order of the learned Company Judge restored. Ed. ......eal No.17 of 1986 filed under section 202 of the Companies Act, 1913 (hereafter called the Act) allowing the same and setting aside those of the Company Judge dated 27.11.86 and further rejecting the application of the appellant Bank under sections 162, 163 read with 166 of the Act. 2. The appe..Category: Business or Commercial Law | Date: 29 Aug, 1990 | Hits: 122
Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
....rder XLI rule 20 the matter perhaps would not have come to such a pass and the appeal could be spared a technical knockout. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 156. ......itted, the appellate Court could have exercised its discretion vested in it under Order 41 rule 20 of the Code of Civil Procedure, but the same cannot be done suo motu by the Court itself without any application by the appealing defendants themselves. Cases Referred to- Joy Kumar Datta and..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
Sharif (Mohd) Vs. Mohd Obaidur Rahman & others, 1990, 19 CLC (HCD)
....155 of 1989 shall be kept intact and the further evidence which will be adduced by the petitioner shall be recorded by the Magistrate. Ed. This Case is also Reported in: 43 DLR (1991) 66. ......d in the complaint petition and closed the case and further examined the accused respondents under section 342 Cr.P.C. The case was adjourned. Thereafter on 12.5.1990 the accused respondents filed an application under section 344 of the Code of Criminal Procedure with a prayer for staying further pr..Category: Criminal Law | Date: 21 Aug, 1990 | Hits: 80
Wajear Rahman Moral (Md) Vs. The State, 1990, 19 CLC (AD)
....eal is dismissed with the modification of sentence, that is, the sentence of death is altered to that of imprisonment for life. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 25. ...... acquittal with regard to Yasin. 9. The Trail Court as well as Appellate Court noted that the accused Waziar retracted his confession. We do not find any paper in this regard. On Waziar’s application for, bail on 20.2.1981 the Committing Court made the following observation: "..Category: Criminal Law | Date: 20 Aug, 1990 | Hits: 84
Golam Kader Vs. Abdul Khaleque Choukder and others, 1990, 19 CLC (AD)
....uit No.7 of 1969 with the present suit, if they so desire. Consequently, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 106. ......ey are directly interested in any manner in the suit land. They are not claiming through the defendants of the present suit. They have set up an independent title of their own. Their averments in the application for addition of party disentitle them to be included within the framework of the present..Category: Civil Law | Date: 13 Aug, 1990 | Hits: 94
Keramat Ali Bhuiyan Vs. Ramizuddin Ahmed Bhuiyan, 1990, 19 CLC (AD)
....earned advocate of the parties about the receiving back of the record and the next date fixed. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 58. ...... Judgment ATM Afzal J.- The respondent filed Title Suit No.238 of 1973 in the First Court of Subordinate Judge, Dhaka for partition which was dismissed for default on 3.1.1987. He filed an application under Order 9 rule 9 of the Code of Civil Procedure for restoration of the suit alleging..Category: Procedural Law | Date: 8 Aug, 1990 | Hits: 108
Kazi Abdul Jalil Vs. Jashim Munshi and another, 1990, 19 CLC (AD)
.... The impugned order of the High Court Division is set aside and that of the Sessions Judge is restored. The appeal is allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ......e No.XXIV of 1982 as this investigation was pending at the time of coming into force of this Ordinance. The respondents challenged the order of the Sessions Judge before the High Court Division by an application under section 561A Cr.P.C; and the learned judges of the High Court Division, by the imp..Category: Criminal Law | Date: 6 Aug, 1990 | Hits: 50
Afruz Miah (Md) and another Vs. Alhaj Md. Siraj Miah, 1990, 19 CLC (AD)
.... present case, the same suffers from no illegality. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 89. ...... is directed against the judgment of the High Court Division, Sylhet Bench, Sylhet in Civil Revision No. 103 of 1985 affirming the order of the Subordinate Judge, Sylhet allowing the respondent's application for amendment of the plaint under Order 6 rule 17 of the Code of Civil Procedure. ..Category: Procedural Law | Date: 5 Aug, 1990 | Hits: 91
Abul Kashem and others Vs. The State, 1990, 19 CLC (AD)
....lowed. The appellants shall appear before the Sessions Judge, Bhola and till then the bail granted by this Court will continue. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 77. ......urt of Assistant Sessions Judge, Bhola, who dismissed the appeal and affirmed the conviction and sentence of the Trial Court. The High Court Division summarily rejected the appellants' revisional application by the impugned dated 22nd November, 1989. Leave was granted to consider whether the Ass..Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 51
Badsha Mia and others Vs. Abdul Latif Majumder and others, 1990, 19 CLC (AD)
....ond forthwith. The Deputy Commissioner, Comilla will report compliance of the order of this Court within 2(two) months from date. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 10. ......e aforesaid judgment and decree and in Civil Rule No. 1297(F) of 1981 got an order of stay of Title Execution Case No. 5 of 1981 till disposal of the First Appeal. Thereafter the respondents filed an application for injunction in the, said First Appeal praying for restraining the defendants from int..Category: Criminal Law | Date: 30 Jul, 1990 | Hits: 59
....suit is dismissed on contest against the defendant No. 2 and 3 and ex parte against the rest. But there shall not be any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 558.
......estion was held in 1965 and the purchasers took possession of the suit property in the same year. Since then, they have been continuously possessing the same as admitted by the plaintiff. The present application was filed in 1982 after about 16 years from the date of sale. In such a situation ends o..
Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
Attor Mia and another Vs. Mst. Mahmuda Khaton Chowdhury and others, 1990, 19 CLC (AD)
....tion of fact and law the revisional Court itself was competent on the basis of the evidence on record to come to a decision of its own without sending the suit back on remand to the Trial Court for a fresh decision on the evidence on record and without any direction to like additional evidence. ......s own. Hence the appeal is allowed and remanded to the High Court Division for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ..Category: Property Law | Date: 22 Jul, 1990 | Hits: 43
Bijoy Kumar Basak Vs. Narendra Nath Datta & others, 1990, 19 CLC (HCD)
....he date of receipt of this order, in accordance with law. Let a copy of this order be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 43 DLR (1991) 68. ...... Narendra Nath Datta & others............Opposite Party Judgment July 11. 1990. Result: The Rule is discharged. A lawyer should be very vigilant and diligent in drafting applications particularly application for transfer of suits alleging bias of a judge. AIR 1963 ..Category: Property Law | Date: 11 Jul, 1990 | Hits: 67
Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)
.... by the learned Additional Sessions Judge in Revision Case No.381 of 1985 is hereby quashed. Send down the records expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 60. ...... the deceased and having been also authorised by power of attorney executed by all the remaining heir of the deceased will be seriously prejudiced if she is not allowed to proceed with the revisional application on the death of her husband and to secure the ends of justice she may be substituted in ..Category: Criminal Law | Date: 27 Jun, 1990 | Hits: 110
Abdur Rouf Miah Vs. Fazlur Rahman and others, 1990, 19 CLC (AD)
....re a fair and free election. 4. There can hardly be any dispute that the Election Commission got statutory power to organise, conduct and hold election which must be fair and free and to direct fresh poll in appropriate cases. But this power is to be exercised subject to the Election Rules. In......icer then, by an order dated 27 March 1990, forwarded the name of the elected candidate to the Election Commission for publication in the official Gazette‑, but on that day, the petitioner filed an application before the Election Commission bringing some allegations and praying for re‑counting o..Category: Election Law | Date: 27 Jun, 1990 | Hits: 139
Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)
.... this Court after adjudication by the Courts below. With these words I concur with the decision given by my learned brother. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 28. ......or local law is a matter for the legislature to decide. As law of limitation stands today, it is undisputed that a plain reading of sub‑section (2) of section 29 clearly shows that section 5 has no application in the present cases. Cases Referred to- Kaushalya Rani vs. Gopal Singh, AIR ..Category: Limitation Law | Date: 25 Jun, 1990 | Hits: 176
....reby set aside and those of the learned Munsif are restored although not on the same grounds.
There will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 44.
......ajumdar, Advocate ‑For the Petitioner.
Sayyid Shahid Hossain, Advocate ‑ For the Opposite Parties.
Civil Revision No.406 of 1985.
Judgment
Naimuddin Ahmed J. - This revisional application under section 115 of the Code of Civil Procedure is directed against the judgment and de..
Category: Employment/Service Law | Date: 20 Jun, 1990 | Hits: 74
Dr. Naimur Rahman and another Vs. Shahbazpur Tea Co. Ltd and another, 1991, 20 CLC (AD)
..... Even new facts cannot be incorporated by amendment in the existing applications for winding up and on that score as well the revival of these applications is not called for. The appellants can file fresh applications for winding up new or continuing causes of action. Cases Referred to- A......any judge fell into serious error of law in staying sine die all further proceedings of winding up petitions without taking oral evidence and going into the merit of the cases- Order staying the applications for winding up sine die amounts to rejection of the applications. There was hardly any ..Category: Business or Commercial Law | Date: 19 Jun, 1990 | Hits: 124
Sher Ali Amir Ali Virjee Vs. Eastern Industries (Bangladesh) Ltd. and others, 1990, 19 CLC (HCD)
....ter making the aforesaid gift on 10th April, 1986, on the same day the respondent No.3 informed the company about the above oral gift by a letter dated 10.4.86. He also requested the company to issue fresh certificates to Mr. Sherali Virjee by that letter annexing the instrument of transfer as well ......; If a dispute can not be resolved without resorting to any other means excepting the papers and documents filed before the court, in that case the question may arise whether such an application will be maintainable or not. In the present case the papers and documents filed by the p..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
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