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Bangladesh Road Transport Corporation Vs. Ashraf Jute Mills Ltd., 1991, 20 CLC (HCD)
....……….Petitioner Vs. Ashraf Jute Mills Ltd………………..Respondents Judgment August 28, 1991. Result: The Rule is made absolute Cases Referred to- 43 company cases 350; 21 company cases 251; 35 company cases (SC) 755; 42 Company Cases 26; 28 Company Case......after, the Official Liquidator shall as meet up the claims of the creditors in accordance with law with the permission of this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 282. ...... took out summons dated 17.3.91 stating that property of the Ashraf Jute Mills Ltd. situated at Kanchan, Upazila Rupganj, District Narayangonj had been sold by them during pendency of the liquidation proceeding. He further stated that from the copy of the summons taken out by Ex‑Managing Director ..Category: Company Law | Date: | Hits: 193
State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)
....rd Road via a by‑lane near to the house of accused Hamid and thereafter through the bazar up to the house of Matbar Ali. It is stated that the dead body of Suruj was kept in the informant's house. Many people including Malfu, Giasuddin, Abdul Hoq Bhuiyan, Ali Newaz Bhuiyan came to the scene on hea......r Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267.......uestion, is about 150 cubits in length and 100 to 110 cubits in breadth stretching from, north to south. It is also admitted by P.W.1 that there was no sort of salish, seatings, or institution of any proceedings before any Court of law. It is also admitted that the accused party did not attack their..Category: Criminal Law | Date: | Hits: 111
Tofazzal Hossain Chowdhury Vs. Mir Amanullah & others, 1992, 21 CLC (HCD)
....2. Facts in short as stated in the application for quashing are as follows: That the accused petitioner is one of the permanent directors and is also the Managing Director of a Private Limited Company registered under the Company's Act, 1913 being National Cold Storage Limited, Munshiganj. The Co......য়াছে।” and also in the absence of the 2nd prosecution report obtained from the CI Munshiganj we have perused the materials available on record and we find it difficult to hold at this stage without any evidence from the complainant's side that the prosecution has failed to make out a......t the instance of the accused petitioner arises out of an application under section 561A of the Code of Criminal Procedure calling upon the Deputy Commissioner, Munshiganj to show cause as to why the proceeding in GR Case No.180/83 of the Court of the Magistrate, 1st Class, Munshiganj should not be ..Category: Criminal Law | Date: | Hits: 88
.....68 of 1964 when the decree-holders were going to get the benefit of the decree obtained by their predecessor 30 years back. The plaintiff Abdul Motaleb who was not a judgment-debtor did not file any application before the executing Court under Order XXI rule 90 of the Code of Civil Procedure ......rder of Trial Court is liable to be restored and accordingly restored.
Accordingly, the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: VIII ADC (2011) 302.......judgment-debtors created series of obstructions .when they were unsuccessful and set up the present plaintiff, Abdul Motaleb to bring the instant Title Suit No.241 of 1989 to defeat the execution proceeding and to defeat the decree. The High Court Division failed to comprehend the above aspect a..
Category: Property Law | Date: | Hits: 65
Shambhu Nath Saha & others Vs. State, 1989, 18 CLC (HCD)
....elating to the impugned document. Section 195 Cr.P.C. reads as follows "Section 195. (1) No Court shall take cognizance- a...................... b............................... (c) of any offence described in section 163 or punishable under section 471, Section 475 or section 476 of ......s therefore, discharged. The learned Additional Metropolitan Magistrate is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 660. ......fences against the accused petitioners they filed Criminal Revision No 163 of 1983 under section 561A of the Code of Criminal Procedure before this Court and obtained Rule for quashing the criminal proceedings against them. The Rule was discharged by the High Court Division by its order dated 1..Category: Criminal Law | Date: | Hits: 83
Refazuddin Mondal Vs. Abdul Razzaque @ Rezaul Karim & others, 1989, 18 CLC (HCD)
....sation. 3. The learned Subordinate Judge on consideration of the materials on record rejected the Miscellaneous Case on the ground of pre‑maturity. The pre‑emptor opposite party did not prefer any appeal challenging the order dated 16.7.76 passed by the Subordinate Judge, Pabna. On 18.9.77 pe...... for any interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 43 DLR (1991) 644....... aside. It is further urged that the learned Subordinate Judge failed to appreciate the evidence on record and committed gross illegality in not applying the principle of res judicata as the previous proceeding was disposed of on contest and being satisfied with the judgment of the trial Court petit..Category: Property Law | Date: | Hits: 68
Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)
....d Road via a bye‑lane near to the house of accused Hamid and thereafter through the bazar up to the house of Matbar Ali. It is stated that the dead body of Suruj was kept in the informant's house. Many people including Malfu, Giasuddin, Abdul Huq Bhuiyan, Ali Newaz Bhuiyan came to the scene on hea...... Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ......n question, is about 150 cubits in length and 100 to 110 cubits in breath stretching from north to south. It is also admitted by PW 1 that there was no sort of salish, seatings, of institution of any proceedings before any Court of law. It is also admitted that the accused party did not attach their..Category: Criminal Law | Date: | Hits: 68
....n voting has curtailed the fundamental rights of the members of the Jatiya Sangsad (Parliament) and destroyed the sanctity of election. He further submits that there is no precedent in the country of any election of any office of the local bodies or of the Parliament by open ballots. In support of h......ciple of State Policy and fundamental rights of the people and therefore, it requires a close and detailed scrutiny and examination of such questions which is neither permissible nor possible at this stage when the scope is limited and confined to the prayer for stay and not beyond that. Now, the on......ion Commission for sitting of the members of the Parliament at the parliament house for Presidential Election. The learned Counsel added that the Parliament House is to be used only for parliamentary proceedings and for no other purpose. The learned Counsel also referred to Article 48 of the Constit..
Category: Constitutional Law | Date: | Hits: 229
....ivil Jurisdiction)
Present:
Md. Mozammel Haque J
Nizamul Haque and Others........................................................Petitioner
Vs.
Singa Bangla Garment Manufacturing Company (Pvt) Ltd..............Respondent.
Judgment
October 29, 1990.
Case Referred to-
Ban......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.
......ate per month for the total sum of Tk. 5,20,800.00 along with interest @ 16% per annum within 21 days from the date of receipt of that notice failing which, it was made known to the respondent, legal proceeding would be started against them. The said notice was duly received by the respondent. On re..
Category: Company Law | Date: | Hits: 190
Kutub Uddin Bhuiyan and others Vs. Sakhina Bibi and others, 1990, 19 CLC (HCD)
....ompensation. The Touzi, however, subsequent to the purchase by the petitioners was sold in revenue sale on 25.9.45 for arrear of Revenue and was auction purchased by one Chand Mia who without getting any physical possession of the land sold the same to Prasanna Kumar Naha on 23.4.46 who in his turn ...... 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.......on contest." 4. Mr. Khan submits that the application for amendment sought if allowed it will change the nature and character of the suit as held by the learned Munsif and it will led to different proceedings. Mr. Khan also submits that in view of the decree made in Title Suit No. 5 of 1959 the a..Category: Property Law | Date: | Hits: 92
Abul (Md.) Kashem & others Vs. Ashrafuzzaman, 1990, 19 CLC (HCD)
....he plaintiff in the plaint. But he accepted the valuation given by the plaintiff in the plaint and rejected the valuation shown in the sale deeds, filed by the defendant petitioners without assigning any reason. Section 8 C of the Court Fees Act is as follows: "8C. If the Court is of opinion that......n was taken up for hearing by taking off of the suit from the peremptory hearing list. The prayer on the part of the defendant petitioner to get the issue No. 2 regarding valuation heard at a belated stage when the suit was fixed for peremptory hearing and the prayer for withdrawing the suit from th......art heard and this was a device of delay in the disposal of the suit. It further appears that while issuing the rule by the Court by order dated 14.9.86 this Court granted an order of stay of further proceedings of the suit. Thus, it is apparent that the defendant petitioners have kept the part hear..Category: Civil Law | Date: | Hits: 94
Yakub (Md.) Ali Howlader Vs. Abdur Rab Munshi, 1990, 19 CLC (HCD)
....ed in the election petition before the Tribunal is also beyond the jurisdiction of the Election Tribunal. In elaborating this point Mr. Azizul Huq submitted that an election dispute would not include any dispute as to acceptance or rejection of a nomination paper, it being a pre‑election matter an......s finality and therefore, it is not subject to any challenge before the Election Tribunal and further it being a pre‑election matter namely the rejection of a nomination paper having been done at a stage when the election had not yet commenced the said cannot be turned into an election dispute and......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. ..Category: Election Law | Date: | Hits: 156
Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)
....f doubt. 11. Mr. Gazi Abdul Mannan, learned AAG appearing for the State, on the other hand submits that there is no defect in the charge as alleged on behalf of the appellants and even if there be any that has not vitiated the trig] and caused any prejudice to the appellants. As regards the alleg......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. ......the PO for the 2nd time in the following morning PW 1 reported to him that he had recognised accused Abdul Hye with the help of his torch light at the time of departure of the assailants while he was proceeding towards the PO on hearing the hue and cry of PW 2. He identified the 5 accused‑persons ..Category: Criminal Law | Date: | Hits: 82
Bangladesh Vs. Dewan Obaidur Reza Chowdhury and Others, 1990, 19 CLC (HCD)
....arendra brought another criminal case against the plaintiff alleging that he (plaintiff) encroached upon the gopat and in that case a pleader Commissioner was appointed to ascertain whether there was any encroachment on the gopat; that the plaintiff admitted the gopat and remained in possession of t......are upheld. In the facts and circumstances of the case, there will be no order as to costs. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 43 DLR (1991) 551. ......; that thereafter he reclaimed the entire disputed land and possessed it from the time of reclamation and that subsequently the Court of Wards Estate realised rent from the plaintiff by a certificate proceeding, as the management of the estate of the ex‑landlord, defendant No. 1 was given to the C..Category: Property Law | Date: | Hits: 101
Rabindra Narayan Gope Vs. Nani Gopal Gope and other, 1990, 19 CLC (HCD)
....ecree holders under Order XXI rule 15 C.P.C. The Court on July 27, 1981 on the prayer of opposite parties directed the judgment‑debtor Saleha Khatun not to deliver the possession of the building to anybody other than the decree‑holders. But inspite of the said order Saleha Khatun executed a deed......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
Atash Ali and others Vs. Rebati Mohan Sarker and 3 others, 1990, 19 CLC (HCD)
....tion of which the Court exists. Such exercise of power is in consonance with the principle actus curiae neminem gravabit an act of Court shall prejudice none. In that view of the matter I do not find any error of law in the decision occasioning failure of justice in making the impugned order. 5. ......t; the Rule is discharged. The learned Munsif is directed to proceed with the case in accordance with the case in accordance with the law. Ed. This Case is also Reported in: 43 DLR (1991) 539. ......tition and restored the same for hearing. Where the Court itself passed a wrong order the Court is competent to rectify the said order upon an application filed u/s. 151 C.P.C. by either party to the proceeding or suo motu by invoking its inherent power under section 151 of the Code and exercise of ..Category: Civil Law | Date: | Hits: 93
....xes. The two factories under the same owners carried on their business under the name of "Sattar Match Works" for some time and thereafter the owners constituted themselves into a private limited company under the Companies Act, 1913, by the name of "Pakistan Manufacturers and Industries Limited" an......ka nil as per schedule 2 annexed herein the correctness of which both the parties admitted. By an explanation "Stock and Stores "included spares, raw materials, finished products and materials at any stage of manufacturing purposes. In the supplementary affidavit annexure 'C' at page 5 of schedule B......e Registrar, and the tribunal may make such order for making, expunging or varying the entry as it may think fit."
24. Registration to be conclusive as to validity after seven years.- In all legal proceedings relating to a registered trade mark, the original registration of the trade mark shall a..
Category: Intellectual Property Law | Date: | Hits: 264
State Vs. Satya Narayan Sarada, 1991, 20 CLC (HCD)
....Indian cloths including some Indian old sarees and medicine therein. The said goods were seized by them as per seizure lists and the opposite party was given a few hours' time to show valid papers if any for the said goods Tk. 48,53,368.00 but the opposite party failed to produce any document. There......sion Bench of this Court and the petitioner having preferred no appeal against the said judgment of the High Court Division, any interference with the impugned order of the learned Magistrate at this stage after a long lapse of time will not be justified under section 561A of the Code of Criminal Pr......the Code of Criminal Procedure in the erstwhile Rangpur Bench of the High Court Division and obtained a Rule in Criminal Revision No. 35 of 1989. The said Rule after hearing was made absolute and the proceeding of the aforesaid Special Tribunal Case No. 2 of 1989 was quashed mainly on the ground tha..Category: Criminal Law | Date: | Hits: 72
Nannu (Md.) Miah Vs. Mosammat Peer Banu Bibi & another, 1990, 19 CLC (HCD)
....Rule No. 892(F) of 1980 to the High Court Division with an application under section 5 of the Limitation Act for condonation of the delay in filing FMT No. 342 of 1980 against the decree, but without any success. Thereafter the plaintiff brought Title Suit No. 865 of 1990 (out of which the instant m......r materials on record at the final hearing of the suit. In the instant case there has been an issue framed on the bar of res judicata and it is rather curious to note that it was at the final hearing stage that the defendant otherwise pleading in favour of the rule of finality of litigation elected ......or of law. The impugned order is not liable to be interfered with, In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 526...Category: Procedural Law | Date: | Hits: 86
Abul Kashem Vs. Mafiz Mia and others, 1991, 20 CLC (HCD)
.... from the officers conducting the election and foisted them into the ballot boxes after giving the mark of ‘Hurricane‑Lantern' which was the symbol of the petitioner and in that process votes of many dead and absentee voters were also shown to have been cast and had there been any fair election ......ner was a defaulter in payment of loan and accordingly he did not lead any evidence to that effect at the trial. In the memorandum of appeal also no such ground was taken. It is only at the appellate stage that on his behalf an application was made for amendment of the said memo for incorporation of......mary School Centres. The impugned order of the learned District Judge is, accordingly, modified. The parties shall bear their own costs. Ed. This Case is also Reported in: 43 DLR (1991) 523. ..Category: Election Law | Date: | Hits: 139
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