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Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)
....learned Advocates for the appellants that the learned Additional Sessions Judge ought to have drawn an adverse presumption against the prosecution case for non‑production of the material witnesses, particularly one Lal Chand and his wife, the Magistrate who recorded the alleged statements of some ......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. ......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. ..Category: Criminal Law | Date: | Hits: 82
Abdul Quader Chowdhury Vs. Sayedul Hoque & others, 1990, 19 CLC (HCD)
.... Revision Nos. 110‑111 of 1989. Judgment AM Mahmudur Rahman J. - This Rule arises out of the judgment and decree of reversal passed by the learned District Judge, Noakhali. 2. The opposite parties Nos. 1 to 11 hereinbefore me instituted Title Suit No. 564 of 1985 for declaration that orde...... in their names and sub‑plots Nos. 5, 7, 11, 12, 14, 15, 16, 17, 19 and 20 were created in the names of the lessees. The plaintiffs were in possession on the basis of their respective settlement on payment of salami and rents. But the father of the petitioner collusively and fraudulently got 32.50......s hereby affirmed. In the result, both these Rules are discharged. No order as to Cost. The connected stay orders are hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 568. ..Category: Property Law | Date: | Hits: 72
Amir Ali & others Vs. State, 1990, 19 CLC (HCD)
....t the seized sarees were of Indian origin and were smuggled into Bangladesh and the appellants carried the same in the truck with the knowledge that these were smuggled goods. Thirdly, failure on the part of the prosecution to secure arrest of the owner of the truck and of the goods support the defe...... Section 25B of the Special Powers Act, reads: 25B. Penalty for smuggling.- Whoever, in breach of any prohibition or restriction imposed by or under any law for the time being in force, or evading payment of customs duty or taxes leviable thereon under any law for the time being in force. (a) ......sult, the appeal is allowed and the order of appellants shall be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 564. ..Category: Fiscal/Taxation Law | Date: | Hits: 101
Bangladesh Vs. Dewan Obaidur Reza Chowdhury and Others, 1990, 19 CLC (HCD)
....st settlement operation, Tahsildar of the Government acquired Estate demanded illegal gratification from the plaintiff but he failed to meet such demand, as a result the employees of the settlement department recorded the entire suit land except 24 decimals (25 cents) in favour of defendant No. 1 an......n consideration of the evidence on record and the facts and circumstances of the case. 11. Plaintiffs main case is that he took pattan (settlement) from the ex‑landlord of the suit estate and on payment of rents he has been possessing the same after reclamation of the Suit lands since 25/26 yea......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. ..Category: Property Law | Date: | Hits: 101
Sadharan Bima Corporation Vs. Bangladesh Shipping Corporation & others, 1990, 19 CLC (HCD)
....Bangladesh may claim for damages against the Owner, Master or Crew of the ship if the damage to the goods done by their negligence or misconduct or for any breach of duty or 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......interests of the parties in any manner whatsoever and the Court will be at liberty to decide the matter independently in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 548.......interests of the parties in any manner whatsoever and the Court will be at liberty to decide the matter independently in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 548...Category: Admiralty Law or Maritime Law | Date: | Hits: 195
Hosne Ara Begum Vs. Alhaj Md. Rezaul Karim and others, 1990, 19 CLC (HCD)
.... Ali Vs. Nur Hossain, AIR 1949 Lah 131. Lawyers Involved: M Fazlul Karim with Md. Omar Farook, Advocates ‑ For Petitioner (In both the cases). Mozammel Hossain, Advocate ‑ For Opposite party (In both the cases). Civil Revision Nos. 68 and 69 of 1990. Judgment Kazi Ebadul Hoqu......ge in the face of the suit for restitution of conjugal rights filed by the husband opposite party; that the Family Court could have considered the question of restitution of conjugal right subject to payment of prompt dower and also whether prompt dower at all or any portion thereof was paid; that f......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. ..Category: Family Law | Date: | Hits: 210
Rabindra Narayan Gope Vs. Nani Gopal Gope and other, 1990, 19 CLC (HCD)
....Civil Revisional Jurisdiction) Present: AM Mahmudur Rahman J Rabindra Narayan Gope.............................Petitioner Vs. Nani Gopal Gope and others........................Opposite parties. Judgment March 29, 1990. Cases Referred to- Munshi Rai Vs. Rup Narain and othe......l was incompetent. He relied upon the case of Munshi Rai Vs. Rup Narain and others, AIR 1927 Pat, 288 wherein it has been held that where a question arises between the decree‑holders with regard to payment of compensation to a decree‑holder who purchased certain property in auction in execution ......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
....y 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. 1 and 2.
2. Before considering the case of the parties let me narrate the history of the case which ultimately has given rise to the present disput......Pakistan, who is desirous of registering that mark in Bangladesh shall subject as hereafter provided in this order, be entitled to make an application for registration of the same to the Registrar on payment of a fee of Taka fifty only:
Provided that any application for registration of a trade ma......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
Nannu (Md.) Miah Vs. Mosammat Peer Banu Bibi & another, 1990, 19 CLC (HCD)
....dant Nannu Miah is directed against the order passed on 8.4.86 by the Subordinate Judge‑in-Charge, 1st Court, Dhaka refusing to reject the plaint in Title Suit No. 865 of 1980. 2. The opposite party No. 1 Mst. Peer Banu Bibi brought Partition Suit No. 234 of 1975 in the 1st Court of Subordina......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.......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)
....t Judge, Daudkandi Upazila in Election Tribunal Case No. 5 of 1988. 2. The material fact giving rise to this rule are that at the last Union Parishad election held in 1988 the petitioner, opposite party No. 1 and another contested for the office of Chairman of No. 10 Daudkandi (North) Union Paris......e submission of the learned Advocate for the petitioner. 9. The next submission of Mr. Khandaker that in the absence of any averment in the election petition that the petitioner was a defaulter in payment of any loan from Janata Bank, the learned District Judge committed an error resulting in an ......ppeal the learned District Judge, upon a prayer made by opposite party No. 1, allowed an additional evidence to be introduced in the case to show that the petitioner was a defaulter with respect to a loan from Janata Bank, Daudkandi Branch. 6. After having heard the learned Advocate for the parti..Category: Election Law | Date: | Hits: 139
Bangladesh Vs. Unimarine SA Panama and other, 1977, 6 CLC (HCD)
....ocate appearing for the defendant respondents has, on the other hand, contended that in the application filed by the Government there is no statement to the effect that there was any intention on the part of the defendants to delay or to defeat the decree that there is no allegation that the defenda......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. ......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)
....over to the escorting constable under seal cover. Opinion. Death in my opinion, was due to shock and haemorrhage due to bullet injuries which were ante‑mortem and homicidal in nature." 6. Apart from the evidence of doctor referred above evidence of other PWs have proved beyond doubt that ......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.......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
Adam Ali Bepari Vs. Abdur Rahman Dewan & others, 1991, 20 CLC (HCD)
.... No. 1 of 1977 under section 96 of the State Acquisition and Tenancy Act, 1950 for pre‑empting the land in question on the plea that Bidhyadar Mondal, the owner of the land, sold it to the opposite party Nos. 1‑3 who were strangers to the holding and the petitioner is the contiguous owner by pur......I do not find any reason to interfere with the judgment and order impugned. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 510. ......I do not find any reason to interfere with the judgment and order impugned. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 510. ..Category: Property Law | Date: | Hits: 95
Enamul Huq (Md) & 2 others Vs. Syndicate, University of Dhaka, 1990, 19 CLC (HCD)
....he Writ Jurisdiction, with the impugned punishment given by the Syndicate. As a result, these three Writ Petitions are summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 507.......he Writ Jurisdiction, with the impugned punishment given by the Syndicate. As a result, these three Writ Petitions are summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 507.......he Writ Jurisdiction, with the impugned punishment given by the Syndicate. As a result, these three Writ Petitions are summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 507...Category: Others | Date: | Hits: 112
Farzana Huq Vs. Bangladesh, 1990, 19 CLC (HCD)
....spondent No. 1 opposed the prayer of the petitioner by filing an affidavit‑in‑opposition. It is averred that the detenu used to cause alarm in the Dhaka University under the shadow of a political party and thus created law and order situation amongst the students of the University perpetrating a......t Narsingdi now detained in Dhaka Central Jail be set at liberty forthwith and to report compliance of the order to this Court within a week. Ed. This Case is also Reported in: 43 DLR (1991) 501.......t Narsingdi now detained in Dhaka Central Jail be set at liberty forthwith and to report compliance of the order to this Court within a week. Ed. This Case is also Reported in: 43 DLR (1991) 501...Category: Constitutional Law | Date: | Hits: 287
Ahmed Kabir Vs. Haji Mazahar Ahmed and others, 1990, 19 CLC (HCD)
....int by the plaintiff the Court ought to have enquired into the matter when an objection is raised for putting a lower valuation. 5. Mr. Mustafa Niaz Muhammad, the learned Advocate for the opposite party, made an attempt to repeal the contention of the petitioner and submits that the application w......ion of the suit after giving sufficient opportunity to both the parties. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 500. ......ion of the suit after giving sufficient opportunity to both the parties. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 500. ..Category: Procedural Law | Date: | Hits: 83
Mozammel Haque Vs. Uttara Bank, 1990, 19 CLC (HCD)
....ite Party. Civil Revision No. 676 of 1984. Judgment Mohammad Ismailuddin Sarker J. - This Rule, at the instance of the defendant‑petitioner was issued calling upon the plaintiff‑opposite party to show cause why the impugned order Nos. 18 and 20 dated 28.8.84 and 2.9.84 respectively pass......t relates to the ground of re‑calling the order dated 28.8.84. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 498. ......party filed a mortgage suit for recovery of Tk. 668118/‑ from the defendant‑petitioner on the allegations, inter aila, that the petitioner approached the plaintiff Bank to sanction House Building loan to the petitioner by way of overdraft limit which was initially for Tk. 100000/‑ but subseque..Category: Property Law | Date: | Hits: 90
Nehal Uddin (Md.) and others Vs. Amena Khatun and others, 1990, 19 CLC (HCD)
....ant Nos. 5 and 6 has been wrongly and collusively recorded in their names, the plaintiff has been constrained to institute the present suit for declaration of her title to 1.216 acres of land and for partition of her total of 2.48 acres of land. 3. This suit has been contested only by defendant N......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
Delta Jute Mills Limited and another Vs. Sonali Bank and others, 1990, 19 CLC (HCD)
....er agreed that the said loan for procuring machinery and equipment would 'he secured by "Rupee debenture" repayable in 36 equal half-yearly instalments. Subsequently, in view of expenses involved the parties mutually agreed that the land, building and machineries of the mills would be mortgaged with......tal due upto 20.7.70 was T1. 81,88,713.1 out of which Tk. 76,59,482.27 was repaid upto 20.7.70 the balance due being T1, 5,29,230.92. The outstanding liability of the petitioner company matured for repayment as on 1.5.1972 was Taka. 10,60,795.17 from May, 197 the Govt. of the United Kingdom waived a......he fund made available by the Government would be utilised for the purpose of procuring plant machineries and equipments for the jute mill from the United Kingdom. It was further agreed that the said loan for procuring machinery and equipment would 'he secured by "Rupee debenture" repayable in 36 eq..Category: Company Law | Date: | Hits: 213
Mir Amir Ali Vs. State, 1991, 20 CLC (HCD)
....aid to have been taken as loan by the Primary School Teachers. In the case of State Vs. Azizur Rahman and another reported in 1937 CrLJ 225 (Karachi) it was observed: "I have heard counsel for the parties. A bare reading of the complaint goes to show that the allegations in the complaint do not s......ation Officer recommended and forwarded it to the Upazila Accounts Officer through Sonali Bank. Accounts Officer sent the bill to Sonali Bank after duly passing the same. Other bills were pending for payment. Some of the teachers submitted a bill amounting to Tk. 3000.00 each. 3. The Bureau of Di......hool Teachers of Gobindaganj Upazila and Family Planning Field Workers drew about Tk. 2(two) crore from Sonall Bank, Local Branch in illegal and irregular manner from their provident fund accounts as loan. The Manager, Sonali Bank, Gobindagonj Branch and AGM Gaibandha admitted the fact. The teachers..Category: Criminal Law | Date: | Hits: 104
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