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Bangla Jalpari Lines (Pvt) Ltd. Vs. Continental Grain Company (Canada) Ltd. and others, 1990, 19 CLC (HCD)

....er (opposite party No. 1 in CR No. 112 of 1982) in Miscellaneous Case No. 60 of 1981 claimed to be the disponent owner of the ship MV Regent Ranger on the basis of charter by demise from the original registered owner M/s Regent Orchard Shipping Inc. of Monrovia, Liberia. Under voyage charter party a......nished there is no merit in these two revisional applications. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 617. ......nished there is no merit in these two revisional applications. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 617. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 186

Abdus Samad Azad, MP & others Vs. Bangladesh, through Secretary, Ministry of Law and Justice and others, 1991, 20 CLC (HCD)

....atter be placed before the regular Bench on the re‑opening of the Court on 20th October, 1991 for hearing of the substantive application. Ed. This Case is also Reported in: 43 DLR (1991) 607. ......lding such election under Article 119 of the Constitution and other laws as may be prescribed by the Election Commission. The learned Attorney­ General further submits that since the election of the post of President is going to be held according to the schedule announced by the appropriate authori......atter be placed before the regular Bench on the re‑opening of the Court on 20th October, 1991 for hearing of the substantive application. Ed. This Case is also Reported in: 43 DLR (1991) 607. ..

Category: Constitutional Law | Date: | Hits: 229

Nizamul Haque and Others Vs. Singa Bangla Garment Manu­facturing Company (Pvt) Ltd., 1990, 19 CLC (HCD)

.... 9.9.87 for Tk. 2,17,000.00 being part payment of the arrear rents. But the said cheque was dishonoured when it was placed on 8.9.87 for encashment. Thereafter the petitioner issued a legal notice by registered post on 4.11.91 through the learned Advocate requesting the respondent to pay the arrear ...... Tk. 2,17,000.00 being part payment of the arrear rents. But the said cheque was dishonoured when it was placed on 8.9.87 for encashment. Thereafter the petitioner issued a legal notice by registered post on 4.11.91 through the learned Advocate requesting the respondent to pay the arrear rent from N......ain a stay order from the Appellate Court. The prayer is allowed and this judgment will come into operation just after two weeks from date. Ed. This Case is also Reported in: 43 DLR (1991) 603. ..

Category: Company Law | Date: | Hits: 190

Kutub Uddin Bhuiyan and others Vs. Sakhina Bibi and others, 1990, 19 CLC (HCD)

....death his interest devolved upon his sons Govinda Charan Naha and Prasanna Kumar in equal share in ejmali. While they were owning the same Govinda Charan Naha sold his half share to the plaintiffs by registered kabala dated 15.5.43. Prosanna Kumar Naha also settled his share to the plaintiffs on rec...... 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....... 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...

Category: Property Law | Date: | Hits: 92

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

....on of the application to sue as pauper. But under the provision of Order XXXIII rule 8 of the Code when the prayer for suing as a pauper is allowed the application for such permission is numbered and registered as a plaint in the suit. Thus neither the said decision nor the provision of rule 8 refer......rnments as the Ordinance provides for speedy and summary disposal of the cases dispensing with the provisions of the Code of Civil Procedure. Ed. This Case is also Reported in: 43 DLR (1991) 599.......rnments as the Ordinance provides for speedy and summary disposal of the cases dispensing with the provisions of the Code of Civil Procedure. Ed. This Case is also Reported in: 43 DLR (1991) 599...

Category: Civil Law | Date: | Hits: 106

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. ......Tribunal Case No. 1 of 1990. 2. Facts leading to this in short are that the petitioner Md. Yakub Ali Howlader along with opposite party No. 1 namely Abdur Rab Munshi contested as candidate for the post of Chairman, Shariatpur Upazila Parishad in Shariatpur district held on 14th March, 1990. The p...............Petitioner Vs. Abdur Rab Munshi..........................Opposite Party. Judgment November 18, 1990. Case Referred to- Rafiqul Alam Vs. Mostafa Kamal & others, 42 DLR (AD) 137. Lawyers Involved: Syed Azizul Huq with AY Masihuzzaman and Syed Moyeenul Huq Advocate..

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. ......460/302 of the Penal Code. 4. The police then visited the place of occurrence, made the inquest report on the dead body of the victim and sent the same to the Government Hospital at Netrokona for post‑mortem examination and report and also seized the alamats. On receipt of the post‑mortem re...........Appellant Vs. The State....................................Respondent. Judgment August 30, 1990. Cases Referred to- Hazi Nurul Islam Vs. Serajul Islam and others, 4 BCR 1984 (AD) 401; Singaram and another, AIR 1954 (Madras) 152; Fateh Sher and another Vs. the Crown, PLD 1956..

Category: Criminal Law | Date: | Hits: 82

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

....by the husband, opposite party No. 1 and remanding both the cases to the Family Court for trial. 2. The petitioner admittedly was married to the opposite party No. 1 on 10.4.82 on the basis of the registered Nikanama Ext. 1 and in the said Nikanama dower was Tk. 1,00,001.00 out of which TK 40,000......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. ......arim and others ................Opposite Party. Judgment August 13, 1990. Cases Referred to- Amir Md. Vs. Mst Bushra, AIR 1956 Raj. 102; AKM Ruhul Amin Vs. District Judge, Bhola, 38 DLR (AD) 172; AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola and ors., 38 DLR (..

Category: Family Law | Date: | Hits: 210

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

....aka against sole defendant Saleha Khatun, the predecessor of the opposite parties No. 3 to 3(b), for specific performance of contract in respect of the disputed two storied building on the basis of a registered deed of reconveyance executed on April 2, 1956. On transfer to the Court of Subordinate J......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. ......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. ..

Category: Procedural Law | Date: | Hits: 81

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

.... under section 72 read with section 46 of the Trade Marks Act, 1940, for giving a direction to the Respondent No. 3, Registrar of Trade Marks to rectify the register by removing the Trade Mark 'Cock' registered under No. 1294 in class‑34 in respect of safety matches in the names of Respondent Nos.......ith Sattar Match Works. With the above direction and observation this application is disposed of but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 532. ......ith Sattar Match Works. With the above direction and observation this application is disposed of but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 532. ..

Category: Intellectual Property Law | Date: | Hits: 264

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

....ist of properties. He, however, submitted that the Memorandum end Articles of Association of the company which detail the capital structure of the company were at Chittagong where the company has its registered office. 8. The learned Subordinate Judge in course of his judgment has found a prima f......ee in favour of the plaintiff, it will be anomalous to hold that after he has actually secured a decree the Court cannot act to protect his interests just because the execution of the decree has been postponed. The Jurisdiction of the court to attach the property of the defendant truly arises from t......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. ..

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....... (PW 13) by constable No, k‑6103 Mosharaf Hossain and it was identified to be the dead body of Kaoser Ahmed. Victim Kaoser succumbed to the bullet injuries on the spot. Doctor Mojibur Rahman in his post mortem report has stated thus: "1. Entry with contusion collar just above the right lateral ......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...

Category: Criminal Law | Date: | Hits: 93

Abdul Majid Vs. Akhil Chandra Sengupta and others, 1991, 20 CLC (HCD)

....t the pre‑emption case is barred by limitation on an erroneous view of section 60 of the Registration Act inasmuch as the case for pre‑empting the land was filed on 12.2.85 while the document was registered on 17.11.84. Secondly, he argues that the Courts also fell in error in holding that the p......s correct. For the aforesaid reasons the judgment cannot be sustained. In the result, the Rule is made absolute. No order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 506. ......s correct. For the aforesaid reasons the judgment cannot be sustained. In the result, the Rule is made absolute. No order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 506. ..

Category: Property Law | Date: | Hits: 97

Nehal Uddin (Md.) and others Vs. Amena Khatun and others, 1990, 19 CLC (HCD)

....en submitted that so far the transfer of the shares of the properties of the defendant Nos. 5 and 6 in the suit jote by their mother during their minority in favour of the plaintiff‑respondent by a registered deed vide Ext. 1 was void ab initio and both the Courts concurrently came to the aforesai......e. In the facts and circumstances of the case there will be no order as to costs. Let the lower Courts records be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 492.......e. In the facts and circumstances of the case there will be no order as to costs. Let the lower Courts records be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 492...

Category: Property Law | Date: | Hits: 71

Investment Corporation of Bangladesh Vs. Bata Shoe Company (Bangladesh) Ltd., 1990, 19 CLC (HCD)

....XL of 1976) to encourage and broaden the base of investment developing the capital market and mobilize savings and to provide for matters ancillary thereto. The respondent is a public limited company registered under the Companies Act, 1913 having its registered place of business at Tongi, Dhaka. It......further directed to issue and deliver the necessary share certificates in favour of the petitioner ­corporation without any further delay. Ed. This Case is also Reported in: 43 DLR (1991) 487. ......further directed to issue and deliver the necessary share certificates in favour of the petitioner ­corporation without any further delay. Ed. This Case is also Reported in: 43 DLR (1991) 487. ..

Category: Company Law | Date: | Hits: 208

Gulshan Ara Begum Vs. Moazzem Hossain Chowdhury and others, 1990, 19 CLC (HCD)

....pplication under Order 9 rule 13 of the Code of Civil Procedure within the statutory period from the date of their knowledge. This application under Order 9 rule 13 of the Code of Civil Procedure was registered as Miscellaneous Case No. 61 of 1987. 4. From the records it appears that the notices ......r has written names of two persons showing them as witnesses for service of summons. But the alleged two witnesses did not put their signatures on the summons. No summons were issued under registered post. From the above it appears that the fixing of ex parte hearing date on 29.1.87 by an order date......h law as expeditiously as possible after giving due notices to the parties concerned Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 481. ..

Category: Procedural Law | Date: | Hits: 68

Government of Bangladesh and others Vs. Abul Hashem Khan, 2009, 38 CLC (AD)

.... is set aside. The case is, thus, dismissed. In the result, this appeal is, accordingly, allowed without any other as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 271.   ......°à¦¿à¦¤à§‡à¦›à§‡à¥¤â€œ 15. Pursuant to the said recommendation, the Ministry of Establishment issued noti­fication dated 23.01.1994 reinstating the appellant, Abul Hashem Khan, to his pre­vious post but without pay for the period of his absence, which would be treated as leave without pay. On ......……………........................Respondent Judgment April 29, 2009. Cases Referred To- Principal Secretary, President's Secretariat, Dhaka and others Vs. Mahtabuddin Ahmed, 42 DLR (AD) 214; 42 DLR (HCD) 1. Lawyers Involved: Morad Reza, Additional Attorney General, instructed..

Category: Administrative Law | Date: | Hits: 160

Bangladesh Vs. Md. Ishaque being dead his heirs Lakhaxmi Bibi and others, 1992, 21 CLC (HCD)

....r proceedings of Money Execution case No.24 of 1986 of the 3rd Court of Subordinate judge, Dhaka be stayed till 15th February, 1993. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 223. ...... into consideration a factor which they had no right to take into account and, accordingly, their decision was a nullity. (Section‑p‑217 letter C 0‑239 DP‑242, letter E, and P‑249 reader I, post. 10. It was observed as follows: "In RV Cotham (22) Kennedy, J. noted the distinction bet......¦Appellant Vs. Md. Ishaque being dead his heirs Lakhaxmi Bibi and others....................Respondent Judgment October 29, 1992. Cases Referred To- Ishaque Vs. Bangladesh, 43 DLR (AD) 28; Abdul Gafur Khan and another Vs. Government of Bangladesh & ors., 42 DLR (AD) 99; Pearlm..

Category: Property Law | Date: | Hits: 76

Abdul Matin Sarker Vs. Election Commission and others, 1993, 22 CLC (HCD)

....er as prayed for in Court after being certified by the Registrar of this Court by today as the election is due on 30th of this month. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 220. ...... 102 of the Constitution of the People's Republic of Bangladesh and is directed against the alleged illegality of the acceptance of the nomination paper of Abdul Hayat Sarker, respondent No.4 for the post of Chairman of Narsingdi Pourashava election submitted on 5.1.93. The case of the petitioner is......er as prayed for in Court after being certified by the Registrar of this Court by today as the election is due on 30th of this month. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 220. ..

Category: Election Law | Date: | Hits: 126

State Vs. Md. Shah Nowroj and others, 2011, 40 CLC (HCD)

....(2) of the Prevention of Corruption Act. 4. The case after being ready for trial, was sent to the Senior Special Judge, Khulna wherefrom it was sent to the Divisional Special Judge, Khulna and was registered as Special Case No.18 of 2003. The learned Divisional Special Judge framed charge against...... passed by the Divisional Special Judge, Khulna in Special Case No. 18 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ...... passed by the Divisional Special Judge, Khulna in Special Case No. 18 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 97