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Sadharan Bima Corporation Vs. Bangladesh Shipping Corporation and others, 1990, 19 CLC (HCD)
....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. ......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. ...... Court High Court Division (Admiralty Jurisdiction) Present: Md. Mozammel Hoque J Sadharan Bima Corporation........................Plaintiff Vs. Bangladesh Shipping Corporation and others.............Defendants. Judgment June 12, 1990. Cases Referred to- Al‑Say......l interests of the parties in any manner whatsoever and the Court will be at liberty to decide the matter independently 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 (19..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)
....e statements made in the petition are true and those were not aimed either to defame the plaintiff nor with any malicious motive. 11. Before going into the merits of the case, we will refer to the relevant offending paragraphs of the letter Ext. 3 as has been mentioned in the schedule of the plai......,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.......ivision (Civil Appellate Jurisdiction) Present: Latifur Rahman J Anwarul Hauqe Chowdhury J Abdus Sobhan…………………......................Appellant Vs. Harekrishna Kundu and another............Respondents. Judgment September 1, 1988. Lawyers Involved: Abdus......he truth or otherwise of the statements made in the petition itself. 15. The plaintiff in this case examined 7 witnesses and the defendants examined 8 witnesses. Apart from this oral evidence some documents were filed in this case. 16. PW 1 Abdus Sobhan is the plaintiff in this case. He testif..Category: Civil Law | Date: | Hits: 89
Government of Bangladesh Vs. Abdul Wahid Sheikh (dead) his heirs & others, 1990, 19 CLC (HCD)
.... embodied in those two sections has undergone significant changes. On 4th November, 1972 Presidents Order No. 135 of 1972 was promulgated substituting in place of the old section 86 a new section 86, relevant portions whereof read as follows : "86. (1) If the lands of a holding or a portion of su......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. .......................................Appellant Vs. Abdul Wahid Sheikh (dead) his heirs & others .............Respondents. Judgment January 28, 1990. Cases Referred to- Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 31 DLR (AD) 195; Makku Mia & others Vs. Ali Hoss......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)
....82. It is further stated that till August, 1987 there were only two different applications for the same trade mark 'Capri' for toilet soap before respondent No. 2. It is further stated that at the relevant time though the two applications for the self‑same purpose were pending before the respon......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. ......e 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
Captain Shamsul Alam Chowdhury Vs. Shirin Alam Chowdhury, 1991, 20 CLC (HCD)
....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.......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.......cate ‑ For the Opposite Party. Civil Revision No. 832 of 1990. Judgment Mainur Reza Chowdhury J. - This Rule was issued calling upon the opposite party to show cause as to why the judgment and order dated 18.4.90 passed by the District Judge, Dhaka in Misc. Appeal No. 71 of 1990 should no......led by the opposite party were directed to be heard analogously and on 22.3.90 the opposite party commenced the examination of her witnesses in the aforesaid suits and it was found that some material documents produced by the petitioner were not marked as Exhibits. Thereupon on 28.3.90 the petitione..Category: Family Law | Date: | Hits: 230
Abdul Hakim and others Vs. The State, 1990, 19 CLC (HCD)
.... that a Magistrate subsequently deposing to the fact of voluntariness or otherwise of the confessional statement would not cure that initial illegality. 6. The provisions of section 164 Cr.P.C. is relevant. Section 164 Cr.P.C. provided that any Magistrate of the 1st class or of the second class s......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. ...... Reported in: 43 DLR (1991) 291, 43 DLR (1991) 389. ......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. ..Category: Criminal Law | Date: | Hits: 74
....n Khan, Advocate as their Arbitrator; but the defendant by their letter dated 22.1.75 informed the plaintiff about their inability to entertain the claim of the plaintiff stating that they closed the relevant file treating as 11 no claim" and that since the defendant refused to pay the said claim to......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.
......late Jurisdiction)
Present:
Mohammad Ismailuddin Sarker
Muhammad Ansar Ali J
Sadharan Bima Corporation ..............................................Appellant
Vs.
The Dhaka Dyeing and Manu facturing Company Limited.....................Respondent.
Judgment
March 15, 1990.......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.
..
Category: Alternative Dispute Resolution | Date: | Hits: 170
....an. Thereafter Saidur Rahman sold 4.09 acres to the present petitioner by different registered kabalas and handed over the transferred land to the petitioner who thereafter mutated their names in the relevant SA Record of Right in Misc. Case No. 674(B)P‑1/75‑76 and paid rent and they developed t......scription of the suit land and it has not prejudiced the defendants in any way and it only removed the mis‑description of the property for getting an effective decree.
9. From the perusal of the papers filed it appears that the plaintiff filed the suit praying for a declaration that the plainti..................................................Opposite Parties.
Judgment
September 24, 1990.
Cases Referred to-
Golam Hafez Mia Vs. Khadem Ali Mia, 29 DLR (SC) 311; Sultan Ahmed Vs. Puma Chandra Karmakar and others, 28 DLR 131; Alokeshi Bank Vs. Aftabuddin, 13 DLR 871; Daguram Mandal Vs. ......tion. The rule is accordingly discharged without any order as to costs.
The order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 43 DLR (1991) 282...
Category: Property Law | Date: | Hits: 146
....ance 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 issued on 13.11.77 desi......ied in the schedule of the agreement.
8. Plaintiff examined 2 witnesses and the defendant also examined 2 witnesses in support of their respective case. Both the parties adduced some documents and papers which have been duly marked as exhibits. After considering the materials on record and hearin......ivision
(Civil Appellate Jurisdiction)
Present:
Md. Mozammel Hoque J
Habibur Rahman Khan J
Bangladesh Chemical Industries Corporation & others................Appellants
Vs.
Grand Basia Company Limited & others ...................................Respondents.
Judgment
......perties specified in the schedule of the agreement.
8. Plaintiff examined 2 witnesses and the defendant also examined 2 witnesses in support of their respective case. Both the parties adduced some documents and papers which have been duly marked as exhibits. After considering the materials on rec..
Category: Property Law | Date: | Hits: 73
Mosharraf Hossain Mia Vs. Mosammat Hasina Begum and others, 1990, 19 CLC (HCD)
....er J.- This Rule under section 115 of the Code of 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 t......er, has taken us through the impugned order, the applications of the plaintiff‑opposite parties made. under section 94 of the Code of Civil Procedure for arrest of the petitioner and other relevant papers. Mr. Abdul Quiyum, the learned Advocate, contends that section 94 of the Code of Civil Proced......Division (Civil Revisional Jurisdiction) Present: Abdul Bari Sarkar J Abdul Hasib J Mosharraf Hossain Mia ...................................Petitioner Vs. Mosammat Hasina Begum and others...............Opposite Parties. Judgment May 13, 1990. Lawyers Involved: Abdu......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)
....yes of his daughter were closed or opened but stated that tongue was bitten by teeth. 16. PW 6 Abdus Sobhan was the Assistant Sub‑Inspector of Police attached to Agailjhara Police Station at the relevant time. He said that on 2.12.85 on receipt of a written information from PW 5 he registered U......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. ......mned prisoner in chronological order. 4. On 2.12.85 at about 6 AM Dhalu Bepari, the elder brother of the condemned prisoner went to the house of Anwar Hossain of Village Patihar Upazila Agailjhara and informed him that his daughter Momtaj Begum had died. On receipt of the news Anwar Hossain went ......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
Shamsul Haque (Md.) Vs. The State, 1990, 19 CLC (HCD)
.... application and the decisions cited by the learned Advocate for the petitioner are not at all applicable in the present case. 12. I have heard the learned Advocates at length and gone through the relevant provisions of law and the decisions cited before me and my considered view is that the peti......is, therefore, summarily rejected and consequently the petition of appeal in connection therewith is also rejected as barred by limitation. Ed. This Case is also Reported in: 43 DLR (1991) 247. ......ed to- Elahi Bux Vs. State, (1987) 39 DLR 164; 1985 BLD page 335; 23 DLR (Peshwar) 12; Rahman Gul Vs. The State, 23 DLR (Peshwar) 12; Rustom Ali Mia Bhuiyan Vs. The State, 9 DLR 424; Abul Hossain and others Vs. The State, 37 DLR 59; Bangladesh Vs. Shahjahan Seraj, 32 DLR (AD) 1. Lawyers In......is, therefore, summarily rejected and consequently the petition of appeal in connection therewith is also rejected as barred by limitation. Ed. This Case is also Reported in: 43 DLR (1991) 247. ..Category: Criminal Law | Date: | Hits: 70
Sheikh MA Jabbar Vs. AKM Obaidul Huq and others, 1990, 19 CLC (HCD)
....case No. 792A of 1985 in pursuance of conviction of the accused petitioner 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 peti......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. ..........................Petitioner Vs. (1) AKM Obaidul Huq (2) The State............Opposite Parties. Judgment January 4, 1990. Cases Referred to- Aswani Kumar Das, 36 CWN 624; Dawmaya and another Vs. Emperor 38 CrLJ 918; Basanta Kumar Maiti Vs. Ken Ram Maiti, AIR 1953 page 393; Lal M......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
Dewan Mohammad Safare Ali & others Vs. People's Republic of Bangladesh, 1990, 19 CLC (HCD)
....eal below without discussing and considering the evidence of any of witnesses of the plaintiff as well as documentary evidence adduced by plaintiffs passed the impugned judgment on hypothetical and irrelevant consideration and the same has resulted in error in decision occasioning failure of justice......ance with the principle laid down in Order XLI Rule 21 of the CPC. In the result, the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 221.......r the Petitioner. Mashuk Hossain Ahmed, Assistant Attorney General ‑For the State. Civil Revision No 397 of 1986. Judgment Syed Fazle Ahmed J. - This Rule calls in question the legality and propriety of the judgment and decree dated 3.12.85 and 9.12.85 respectively passed by Additional......ance with the principle laid down in Order XLI Rule 21 of the CPC. In the result, the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 221...Category: Property Law | Date: | Hits: 60
Chevron Lines Vs. Chairman, Bangladesh Oil, Gas and Mineral Corporation, 1990, 19 CLC (HCD)
....respondent No. 4. 5. The parties have filed supplementary affidavits and replies thereto stating and denying each other's statements of fact. In order to avoid repetition w shall refer only to the relevant facts thereof. 6. Mr. Salauddin Ahmed, the learned Advocate for the petitioner, attacked......e said to be arbitrary or mala fide in any manner. Impugned letter of intent dated 1.1.1990 has therefore been issued lawfully and validly. Ed. This Case is also Reported in: 43 DLR (1991) 218. ......stered partnership with its office at Sheikh Mujib Road, Dewanhat, Chittagong………………………………………………………..Petitioner Vs. The Chairman, Bangladesh Oil, Gas and Mineral Corporation (Petrobangla), 122-124 Motijheel Commercial Area, Dhaka and others……......his connection Mr. Bhuiyan submitted that the respondent Nos. 1‑3 had unfettered right to accept or reject any or all quotations without assigning any reason in terms of the provision of the tender documents itself and that neither the petitioner nor for that matter any of the bidders has any righ..Category: Others | Date: | Hits: 131
Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....rmer President for those to be deposited. On this First Information Report Police enquired into the matter, visited the place of occurrence, prepared the sketch map of the place of occurrence, seized relevant papers and relevant arms and ammunition, examined witnesses, obtained expert opinion in thi......ident for those to be deposited. On this First Information Report Police enquired into the matter, visited the place of occurrence, prepared the sketch map of the place of occurrence, seized relevant papers and relevant arms and ammunition, examined witnesses, obtained expert opinion in this matter ......QB 759; AIR 1966 (Mysore) 231); AIR 1940 Lahore 527); 37 CrLJ 1146, 40 CrJJ 803, AIR 1925 Oudh, 52; AIR 1938 Rajsthan 456; Pakira Purari‑prisoner, AIR (31) 1944 Mad 78; Regina Vs. Camborne justices and another, 1 QB 1955 page 78; Reg Vs. Rand, (1866) LR I QB 230 and 232. Lawyers Involved: ......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
Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
....nger available because of his death. Section 33 of the Evidence Act runs as follows: "33. Evidence given by a witness in a judicial proceeding or before any person authorised by law to take it, is relevant for the purpose of proving, in a subsequent judicial proceeding, or in a later stage of the......e other than the Police. This Ext. 'kha' outdoor hospital ticket from the police hospital has been seized by the Investigating Officer. The exhibits marking with alphabet such as T, U, V etc. are the papers submitted by the defence and Exts. marked numerically are the papers filed by the prosecution......Appellants (In Criminal Appeal No. 408 of 1988). M Shamsul Alam, Deputy Attorney‑General with SB Barua, Advocate ‑ For the State. Aminul Huq with Nizamul Huq, Nurul Islam Sujon, Farid Ahmed and Adilur Rahman Khan, Advocates ‑For the Complainant. Criminal Appeal No. 396 of 1988 with Cr......se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ..Category: Criminal Law | Date: | Hits: 87
Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)
.... The Bank acted within their fights in refusing to accept any; if not proved to have acted within their rights but acted unreasonably or unfairly or mala fide to which question we shall advert at the relevant portion of the judgment. 19. In the view we have taken as to this threshold difficulty i......bound by the submission. In the result, this Rule is discharged with the observations as stated above without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 134.......rt High Court Division (Special Original Jurisdiction) Present: Anwarul Hoque Choudhury J KM Hasan J Agragami Engineers Ltd.....................Petitioner Vs. Bangladesh Bank and others…………………Respondents Judgment November 17, 1992. Cases Referred To- ......2 for pre‑qualification, the petitioner together with 3 other companies namely Aziz & Co Ltd., Shitatap Ltd. and Ali Automobiles Ltd. were pre‑qualified. The petitioner company brought tender documents from the office of the Bangladesh Bank and submitted it together with bank draft of Tk. 5...Category: Others | Date: | Hits: 123
Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....ependence is liable to be struck down by the Courts. Therefore, it is necessary to remember that thought our press has independence they perform function within the limits prescribed by law and the relevant provisions of the Constitution. In a democratic country governed by a written Constitutio......of Tk. 100/-, in default, to suffer simple imprisonment for 1(one) day. They respondent No.2 is let off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ...... in: 8 LG (AD) (2011) 122. ......of Tk. 100/-, in default, to suffer simple imprisonment for 1(one) day. They respondent No.2 is let off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ..Category: Criminal Law | Date: | Hits: 124
Sarwar Hossain Moni Vs. State and another, 2011, 40 CLC (AD)
....rrived at a correct decision. We, therefore, find no reason to interfere with the same. These petitions are accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 71. ...... reported in 15 BLC 39 referred to us the parties we are of the view that instant proceeding is not liable to be quashed as claimed". 5. We have heard the learned Counsel and perused the connected papers including the impugned Judgments. We do not find any substance in the contention raised. The ...... (Criminal) Present ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Sarwar Hossain Moni..........................................Petitioner (In both the cases) Vs. State and another.............................................Respondents (In both the cases) Judgment ......rrived at a correct decision. We, therefore, find no reason to interfere with the same. These petitions are accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 71. ..Category: Criminal Law | Date: | Hits: 118
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