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Amir Hussain Sowdager Vs. Mohammad Harunur Rashid, 2011, 40 CLC (AD)
....a and take registration after payment of the remaining consideration money of Tk. 50,00,000/- and the date was fixed on 05.01.2003 for hearing the said application. After hearing the application in part 22.02.2003 was fixed for further hearing, but the plaintiff-respondent No.1 herein did not ta......reparation of paper-book is dispensed with as prayed for. Let the order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 314. ..Category: Property Law | Date: | Hits: 98
Sadharan Bima Corporation Vs. Bangladesh Shipping Corporation and others, 1990, 19 CLC (HCD)
....gladesh may claim for damages against the Owner, Master or Crew of the ship if the damage to the goods is done by their negligence or misconduct or for any breach of duty of breach of contract on the part of the Owner, Master or Crew of the ship. In the present case the plaintiff is neither the owne......ependently in accordance with law. Parties are at liberty to take back their respective documents and Exhibits on giving proper receipt. Ed. This Case is also Reported in: 43 DLR (1991) 322. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)
.... Advocate of the Supreme Court of Bangladesh. He has his own residential house at 44, Purana Paltan Road, Dhaka. He is also a senior Lecturer of the Law College, Dacca and previously he served as a part‑time lecturer of the Dacca University for about 10 years. He was elected twice as Member of t......,000.00 (Tk. five thousand) only as damages. In the result, the appeal is allowed. Since there is no appearance we do not award any costs. Ed. This Case is also Reported in: 43 DLR (1991) 314...Category: Civil Law | Date: | Hits: 89
Zulfiquar Ali Bhutto Vs. State, 1991, 20 CLC (HCD)
....prehension of imminent arrest With the effect of virtual restraint on the petitioner; (b) that the petitioner should physically surrender to the Court. (c) that on account of' ulterior motives, particularly on part of the police, there should be apprehension of harassment and undue irreparable......cussed above, the prayer for anticipatory bail is allowed for a period of one (1) month from date. This Rule is made absolute accordingly. Ed. This Case is also Reported in: 43 DLR (1991) 312...Category: Criminal Law | Date: | Hits: 61
Government of Bangladesh Vs. Abdul Wahid Sheikh (dead) his heirs & others, 1990, 19 CLC (HCD)
....sis of reformation in situ is tenable only if the lands diluviated re‑appear within 20 years of the diluvion. But if these lands do not appear within 20 years of their disappearance the same become part of the public domain. Here comes in sections 86 and 87 of the EBSA and T Act to the plaintiff. ......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)
....as accorded to the respondent No.1 although petitioner's application for the self‑same trade mark 'Capri' was then pending. I find substance in the above contention of Mr. Asrarul Hossain. Both the parties were praying for the trade mark 'Capri' for toilet soap before the registrar. The respondent......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
Abdul Hakim and others Vs. The State, 1990, 19 CLC (HCD)
....dingly discharged. The stay granted earlier is hereby vacated. The proceeding is to continue. Inform the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 291, 43 DLR (1991) 389. ......his relations went to the sugarcane field and identified the dead body and thought that some unknown culprits had killed his daughter. The Officer‑in‑charge of the Durgapur Police Station took up investigation, went to the place of occurrence, prepared the inquest report and sent the dead body t..Category: Criminal Law | Date: | Hits: 74
....thin 15 days after die loss or damage or such further time as the company may in writing allow in that behalf deliver to the company‑
(a) a claim in writing for the loss and damage containing as particular an account as may be reasonably practicable of all the several actions or items of proper......e plaint, that an FIR in respect of the said occurrence was lodged with the Tongi Police Station on 18.11.71 and the copy of the said FIR was also sent to the insurance company, that the police after investigation submitted a final report on 5‑3‑72 stating that the fact of the case was found to ..
Category: Alternative Dispute Resolution | Date: | Hits: 170
Abdur Rashid Vs. State, 1990, 19 CLC (HCD)
....itted on the next day, 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 ......dged a First Information Report in Barguna police station on 4‑7‑87 to the effect that Jamina Begum, wife of the informant was killed by the petitioner and others on 3.7.87 at night. Police after investigation submitted final report on 31.10.87. The learned Magistrate by his order dated 14‑11..Category: Criminal Law | Date: | Hits: 66
Birendra Nath Chakraborty Vs. Subal Chandra Biswas and others, 1981, 10 CLC (HCD)
....or petitioner obtained the present Rule. 3. Only one issue was framed by the learned Munsif, namely, whether the Misc. Case was barred by limitation. The pre‑empted kabala, by which the opposite party No. 4 sold the case land to opposite party Nos. 1‑3, admittedly strangers, is dated 4‑10......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)
....e manner 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 res...... lodged the FIR at about 11‑00 AM that is within about 3 hours. 3. Police investigated the case, visited the place of occurrence, seized alamats and obtained post mortem report. After completing investigation the accused persons were all charge sheeted under sections 148/149/302/307/326/447/109..Category: Criminal Law | Date: | Hits: 61
.... tender notice issued on 13.11.77 desired to sell this industrial unit "M/s. Ferdous Tannery" along with other properties. The Tender of the plaintiff being highest was accepted by the government and part possession of the Ferdous Tannery has been delivered to the plaintiff. The government failed to......formance of contract is dismissed.
There will, however, be no order as to costs. Let the lower Court's records be sent down immediately.
Ed.
This Case is also Reported in: 43 DLR (1991) 256.
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Category: Property Law | Date: | Hits: 73
Mosharraf Hossain Mia Vs. Mosammat Hasina Begum and others, 1990, 19 CLC (HCD)
.... Civil Procedure is directed against the order dated 20.2.89 passed by Mr. Mominullah, Subordinate Judge, Bhola in Title Suit No. 7 of 1985. 2. The relevant facts of the case are that the opposite parties filed the above suit for declaration that the five kabalas executed by the defendants on 7.4......mpugned order of the learned Subordinate Judge is set aside. The learned Subordinate Judge should dispose of the suit as early as possible. Ed. This Case is also Reported in: 43 DLR (1991) 254. ..Category: Property Law | Date: | Hits: 85
State Vs. Kalu Bepari, 1990, 19 CLC (HCD)
.... we are, therefore, of the view that the confessional statement is a voluntary one. In the confessional statement the condemned prisoner appears to have made a clean breast of the story detailing the part played by him. The facts stated in the confessional statement appear to be consistent with the ......n accused Kalu Bepari under section 302 of the Penal Code. 2. The condemned prisoner is alleged to have killed his wife, Momtaj Begum. 3. As the prosecution gradually developed in course of the investigation it will be convenient to set out the facts leading to the prosecution of the condemned..Category: Criminal Law | Date: | Hits: 81
Serajul Islam Vs. The Director General of Food, 1990, 19 CLC (HCD)
.... Md. Serajul Islam, Inspector of Food, Golapganj Upazila, District Sylhet has prayed for issuance of Rule Nisi calling upon respondent No. 1, Director General of Food to show cause why the impugned departmental proceeding against the petitioner as contained in Memo No. 199/পরি/প্রসা/......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...Category: Administrative Law | Date: | Hits: 175
Sheikh MA Jabbar Vs. AKM Obaidul Huq and others, 1990, 19 CLC (HCD)
....er under section 448 of the Penal Code which is the subject matter of the rule in Criminal Revision No. 239/88. 4. The facts relevant for both the rules are as follows: The complainant opposite party filed a complaint petition on 3.10.85 against the accused‑petitioner under sections 380/448 ......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
Lukus Miah Vs. State, 1991, 20 CLC (HCD)
....it is evident that the statement made by PW 1 in the FIR or in Court does not come within the mischief of rape defined under section 375 and made punishable under section 376 BPC as she was a willing party and had sexual intercourse with the appellant quite willingly or a long time and got a child b......ং শেষ পর্যন্ত ব্যর্থ হওয়ায় আমার মামলা দায়ের করিতে কিছু বিলম্ব হইল।” 3. Police after investigation Submitted charge‑sheet against the appellant Lukus Miah under section 493/376 BPC re..Category: Criminal Law | Date: | Hits: 68
Matiur Rahman Vs. Election Commission and Others, 1990, 19 CLC (HCD)
....e Commission may, at any time, order the inclusion in the electoral Roll of the name of any person qualified to be enrolled on such electoral Roll and such name shall from the date of such order form part of the electoral roll." 3. The Chief Election Commissioner in response to this Court's direc......as duly corrected the mistake brought to his nod through this Courts. Accordingly the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 229...Category: Election Law | Date: | Hits: 112
Fahim Al Haque (Minor) and another Vs. Mohammad Abdul Aziz and others, 1990, 19 CLC (HCD)
....ia, Advocate ‑ For the Opposite Parties. Civil Revision No. 642 of 1987. Judgment Mohammad Mozammel Hoque J. - In this Rule issued under section 115 of the Code of Civil Procedure opposite party Nos. 1 to 2 were directed to show cause as to why the judgment and order dated 10.5.87 passed ......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
Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....1 now pending in the Court of Senior Special Tribunal No. 1, Dhaka on the grounds, inter alia, that there arose a reasonable apprehension in the mind of the accused that he would not get a fair and impartial trial from that Tribunal stating the grounds for such apprehension in the application which ......e, with the above observation I fully agree with the decision of my learned brother Anwarul Hoque Chowdhury J. that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 347. ..Category: Criminal Law | Date: | Hits: 73
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