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Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)
....of fact defendant No. 1 was merely a paper proprietor of M/s. Hakim Humayun and Co. and only his name was landed in the transfer to avoid income tax and other complications; that possession was never handed over to defendant No. 1; that defendant Nos. 2 and 4 paid the fees and furnished the undertak......nsfer the suit property DIT by Memo dated 19.8.82 directed him to deposit Tk. 5,05,000.00 as transfer fee plus Tk. 909.00 as service charge. The defendant No. 1 asserted that on the next date he made over the said letter to the plaintiff to pay the said amounts to the DIT in terms of the contract wi......the defendants over the title of the suit property. In that view of the matter cross‑objection filed by the respondent No. 1 is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 360. ..Category: Civil Law | Date: | Hits: 92
Md. Abul Hashem alias Bachhu Vs. Abdul Latif, 2009, 38 CLC (HCD)
....tioners are entitled to get any relief in this revision. 10. On perusal of the record, it appears that in the Miscellaneous case No.25 of 198, defendant petitioners examined 2 PWs and on the other hand plaintiff opposite parties also examined 3 OPWs. The learned Assistant Judge on consideration o......rder 9 Rule 13 of the Code of Civil Procedure are set aside and the ex parte decree dated 29.12.1982 is upheld. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 441, 8LG (2011) HCD 305. ......rder 9 Rule 13 of the Code of Civil Procedure are set aside and the ex parte decree dated 29.12.1982 is upheld. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 441, 8LG (2011) HCD 305. ..Category: Property Law | Date: | Hits: 82
Anika Ali Vs. Rezwanul Ahsan, 2011, 40 CLC (AD)
....a that the dower money of Tk.8,00,000/- will be paid by the respondent in twelve installments, a cheque for Tk.66,666/- was paid to the petitioner on 03.04.2006 and eleven post-dated cheque would be handed over to the petitioner on that date; a cheque for Tk.60,000/- was paid to the petitioner on 0......g the child with her mother. Claiming that the child is not safe in that house and was not receiving proper care and attention, the respondent prayed for an order of custody and full care and control over the child. 4. Family Suit No.322 of 2005 filed by the petitioner and Family Suit No.484......on. This petition is dismissed with the above observations without, however, any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 77, 17 MLR (AD) (2012) 49. ..Category: Family Law | Date: | Hits: 327
Bera Pourashava and another Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....areas of Karamza and Sharisha Mouza within Bera Paurashava. In his report the ADC (General), Pabna stated that the objectors were in favour of keeping the area within Santhia Paurashava. On the other hand the ADC (General), Pabna opined that for the general development and for increase of income of ...... Bera Pourashava and another………………Appellants (In Civil Appeal No.218 of 2007) Md. Abdul Mazid ..............................Petitioner (In Civil Appeal No.126 of 2006) Vs. The Government of Bangladesh and others.......Respondents (In both the cases) Judgment June 07, 20......gment and order dated 11.05.2005 passed by the High Court Division in respect of Writ Petition Nos.5036 of 2002 and 3007 of 2003 are hereby set aside. Ed. This Case is also Reported in: ..Category: Election Law | Date: | Hits: 152
Bangladesh Vs. Md. Abdul Alim and others, 2010, 39 CLC (AD)
....ndent Nos.2-7, 9-13, 15-28, 30-35, 38 and 40-42 (In Civil Petition No. 1303 of 2010.) Not Represented- Respondent Nos.1, 8, 14, 29, 36-37, 39 and 43 (In Civil Petition No.1303 of 2010.) Bivash Chandra Biswas, Advocate-on-Record-For Respondent Nos. 1 and 8 (In Civil Petition No.1304 of 2010.) ......Election Officers being necessary for holding an impartial Election and there having been allegation that they have allegiance to a particular political party, which allegation having not been controverted, the Administrative Appellate Tribunal erred in law in interfering with the judgment of th...... and the respondents within 2(two) weeks thereafter to make the appeals ready. The appeals are fixed for hearing on 22nd February, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 185...Category: Administrative Law | Date: | Hits: 188
Sudhansu Kumar Barai and others Vs. Abul Hashem and others, 1990, 19 CLC (HCD)
....a. 2. Opposite party No.1 namely, Abul Hashem Howlader being a plaintiff brought the suit praying for declaration of title and confirmation of possession in certain immovable property. One Audhor Chandra Barai, predecessor of the pcfiti6ners, was impleaded as defendant No. 1 therein. After being ......tioned that the defendants shall be at liberty to agitate this question when the issues are framed. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 327. ......tioned that the defendants shall be at liberty to agitate this question when the issues are framed. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 327. ..Category: Property Law | Date: | Hits: 80
Government of Bangladesh Vs. Abdul Wahid Sheikh (dead) his heirs & others, 1990, 19 CLC (HCD)
....in the district of Patuakhali where the disputed lands are situated and consequently the suit is liable to abate. 10. Mr. Hemayetuddin Ahmed, the learned Advocate for the respondents, on the other hand, argues that the claim of the plaintiffs relates to lands which have appeared before the coming...... This Case is also Reported in: 43 DLR (1991) 308. ......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. ..Category: Property Law | Date: | Hits: 77
Haque and Company Limited Vs. M/s. Western Soap Factory and others, 1990, 19 CLC (HCD)
....No. 1 at any time before the filing of the application which has been admitted by the respondent No. 1. In this view of the matter his application should succeed. 8. Mr. Abdur Rashid, on the other hand, submits that the respondent No. 1has not manufactured the toilet soap under the trade name 'Ca......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. ......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. ..Category: Intellectual Property Law | Date: | Hits: 219
Rustom Ali Vs. Jamila Khatun, 1990, 19 CLC (HCD)
....aw (Eighteenth Edition) and two decisions reported in ILR 1881 (Cal) 631, and PLD (Lahore) 1958, 596. 6. Mvi. Md. Wahidullah, the learned advocate representing the opposite party has, on the other hand, argued that since the term "maintenance" has not been defined and has been left open in the Fa......her due, whether she be rich or poor………….................An examination of the authorities leaves no room for doubt that past maintenance except, perhaps, for a very short period cannot be recovered from the father by the mother who has maintained a child unless it has become due under eithe......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...Category: Family Law | Date: | Hits: 253
Captain Shamsul Alam Chowdhury Vs. Shirin Alam Chowdhury, 1991, 20 CLC (HCD)
.... in section 17 should be interpreted in the ordinary sense of the word and therefore should include all orders passed by the Family Court including interlocutory order. Mr. Masihuzzaman, on the other hand, submits that the Family Courts Ordinance was promulgated with the purpose of speedy disposal o...... 3. The case of the petitioner as stated in his plaint in the aforesaid suit No. 10 of 1987 in short is that he obtained Master Mariner (Certificate of Competency) from the Ministry of Transport, Government of United Kingdom and served with various foreign Shipping Companies and in 1968 he joined......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...Category: Family Law | Date: | Hits: 230
....red to-
Baroda Spinning and Weaving Company Limited Vs. Satyanarayan Marine and Fire Insurance Company Limited, ILR XXXVIII (Bom) 344; Sree Hari Sankar Nandi Majumder and others Vs. Sree Promode Chandra Roy Chowdhury, PLR IV (Dhaka) 595; Pearl Insurance Co. Vs. Alina Ram, AIR 1960 (Panjab) 236; ...... as the mortgagee for a total sum of Tk. 38,00,000.00 in respect of the plaintiffs stocks, goods dyes, chemicals and other properties as mentioned in the said policy, that all the aforesaid policies covered "Riot and Strike damage" to the insured properties, that in the night between the 17th and 18......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.
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Category: Alternative Dispute Resolution | Date: | Hits: 170
Abdur Rashid Vs. State, 1990, 19 CLC (HCD)
....y, was beyond time and as such, the case was liable to be stopped and the accused persons released as per provision of section 167(7) Cr.P.C. The learned Advocate for the opposite party, on the other hand, contends that the law contemplated completion of the investigation by the police within the pr......fusing to refer the case under section 438 Cr.P.C. by the impugned order. We find no merit in the case. The Rule is, accordingly, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 279.......fusing to refer the case under section 438 Cr.P.C. by the impugned order. We find no merit in the case. The Rule is, accordingly, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 279...Category: Criminal Law | Date: | Hits: 66
Birendra Nath Chakraborty Vs. Subal Chandra Biswas and others, 1981, 10 CLC (HCD)
....LR (1991) 276.......eir evidence, but he himself has not assessed their evidence at all. He has uncritically accepted the case of the OPs that the petitioner himself partitioned the case land and that there was a Salish over this matter. 17. True, the PWs admit that the OPs are in possession of the case lands but th......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...Category: Property Law | Date: | Hits: 78
Dilip @ Siddiqur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....f dispute between the present parties over the said plot of land there was a proceeding under section 145 of the Code and both parties were restrained from going into the land which was placed in the hand of the receiver who was the OC of the local police station so it was improbable that the inform...... of the occurrence. 6. The defence suggested that the informant Abdul Latif tried to take forcible possession of the disputed plot on the plea of purchase and that upon dispute between the parties over the land there was a proceeding under section 145 of the Code of Criminal Procedure restraining......ants are affirmed. The appellants 3‑9 who are on bail are directed to surrender to their bail bond to serve out their remaining sentence. Ed. This Case is also Reported in: 43 DLR (1991) 269. ..Category: Criminal Law | Date: | Hits: 61
....he properties situated at 82, 83 and 90, Posta have already found place in the schedule of the agreement. It is further stated that the properties which are intended to be sold by that agreement were handed over to the plaintiff. The suit properties viz, the above 5 houses were not contemplated for ......and specific performance of contract of the suit properties alleging, inter alia, that the industry under the name and style M/s. Ferdous Tannery was an abandoned property and the same vested in the government under the relevant law. As per disinvestment policy, the government by a tender notice iss......he same vested in the government under President's Order No. 16 of 1972. After vesting, by President's Order Nos. 127 and 153 of 1972, the same was placed under the Sector Corporation for control and management. After it was vested in the government, the government became the absolute owner of the p..
Category: Property Law | Date: | Hits: 73
State Vs. Kalu Bepari, 1990, 19 CLC (HCD)
.... entire evidence on record. It is urged by him that the evidence on record is sufficient to sustain the conviction of the condemned prisoner under section 302 of the Penal Code. Mr. Huq, on the other hand, contends that there is no legal evidence to involve the condemned prisoner with the murder of ......confessional statement. He further said that he observed all the legal formalities, gave the condemned prisoner time to reflect and then recorded his confessional statement. He also said that he read over the statement to the condemned prisoner who put his signature thereon admitting that it had bee......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
Idris and others Vs. The State, 1990, 19 CLC (HCD)
.... petitioners were in possession of the land for 1 ½ years and in that view of the evidence the petitioners committed no offence under section 379 of the Penal Code. 8. Mr. AQ Rashid, on the other hand, submits that the Jimma of the case hut was given by the Officer‑in‑Charge in connection wi......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.......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...Category: Criminal Law | Date: | Hits: 66
Serajul Islam Vs. The Director General of Food, 1990, 19 CLC (HCD)
....In the result, on the grounds stated above the application of the petitioner is summarily rejected. The prayer for certificate is refused. Ed. This Case is also Reported in: 43 DLR (1991) 237.......including the matters provided for in Part‑IX and award of the penalties or punishments; (b) the acquisition, administration, management and disposal of any property vested in or managed by the Government by or under any law including the operation and management of, and service in any national...... the terms and conditions of persons in the service of the Republic, including the matters provided for in Part‑IX and award of the penalties or punishments; (b) the acquisition, administration, management and disposal of any property vested in or managed by the Government by or under any law i..Category: Administrative Law | Date: | Hits: 175
Sheikh MA Jabbar Vs. AKM Obaidul Huq and others, 1990, 19 CLC (HCD)
.... 8 witnesses in support of the case and the defence none. The case of the accused‑petitioner was that he was innocent and he did not put any lock on the shop. The complainant had taken away the merchandise and his belongings from the shop in the month of July, 1985, and the criminal case was filed......led an application for restoration of possession to the Metropolitan Magistrate. The Metropolitan Magistrate allowed the petition for restoration on 6.6.87 and directed the accused petitioner to hand over possession of the shop within 15 days from the date of order. 12. The accused petitioner obt......passed by the Metropolitan Magistrate in case No. 792A/95 is set aside. The Rule arising out of Criminal Revision No. 239/88 is discharged. Ed. This Case is also Reported in: 43 DLR (1991) 233. ..Category: Criminal Law | Date: | Hits: 59
Fahim Al Haque (Minor) and another Vs. Mohammad Abdul Aziz and others, 1990, 19 CLC (HCD)
....areas, but in the instant case admittedly the land in question is situated Within Faridpur Municipal area. So, we find that the above c1ccision is of' little assistance to Mr. Ali Asgar. On the other hand Mr. Md. Abdur Razzaque Miah, the learned Advocate appearing for the opposite parties, has Submi......e suit as expeditiously as possible preferably within six months from the date of receipt of this order if the suit is otherwise found ready. Ed. This Case is also Reported in: 43 DLR (1991) 226.......e suit as expeditiously as possible preferably within six months from the date of receipt of this order if the suit is otherwise found ready. Ed. This Case is also Reported in: 43 DLR (1991) 226...Category: Property Law | Date: | Hits: 59
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