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Badsha (Md.) Miah and others Vs. Soleman Nessa Bibi and others, 1988, 17 CLC (HCD)
....ents. Second Appeal No. 192 of 1966. Judgment Abdul Bari Sarker J. - This appeal is directed against the judgment and decree passed by Mr. Sk Sanyal, Subordinate Judge, Additional Court, Jessore, in Title Appeal No. 6 of 1963 affirming those passed by Mr. Q Sharafat Ali, Munsif 2nd Court, ...... and he seeks 2(two) months' time for the purpose. The prayer is allowed. Let the operation of this judgment be stayed for 2 (two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646.......having the force of law or has failed to determine some material issue of law or usage having the force of law. If the finding of fact reached by the first appellate Court is at variance with that of trial Court, the former will ordinarily prevail, although it would not possess the same value or san......(two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646...Category: Property Law | Date: | Hits: 70
Refazuddin Mondal Vs. Abdul Razzaque @ Rezaul Karim & others, 1989, 18 CLC (HCD)
....ecided that the present proceeding in not hit by principle of res judicata as the previous proceeding was disposed of by the trial Court only on the ground of pre‑maturity inasmuch as the sale deed sought to be pre‑empted was not registered under section 60 of the Registration Act. It is further...... 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....... 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 petitioner did not prefer any appeal and that the issues involved in the previous miscel......cate ‑ For the Petitioner. S M Amin Azaher, Advocate ‑ For the Opposite Parties. Civil Revision No. 11 of 1985. Judgment Syed Fazle Ahmed J. - This Rule calls in question the legality and propriety of the judgment and order dated 29.11.84 passed by the learned Subordinate Judge, Sera..Category: Property Law | Date: | Hits: 68
Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)
....dgment Qazi Shafiuddin J. - Accused Giasuddin, Almas, Abdul Awal Bhuiyan, Abdur Razzak, Tenu @ Moazzem Hossain and Abdur Rahman @ Rahman (condemned) along with Matbar Ali, Jasimuddin, Kubat, Saraj son of late Amir Hossain, Minto, Farid, Alam Gazi, Alam, Akkel Ali, Abdul Karim, Abdul Kasem, Keyamu......editation, no pre‑plan or concerted action. The occurrence is nothing but an outcome of a sudden flash of rage, committed in the heat of passion and as such conviction under sections 302/149 is not called for, Mr. Huq also argues that the prosecution is also guilty of suppression of material facts......m, Abdul Kasem, Keyamuddin, Kalagazi, Sona Mia, Yakub Ali, Elim, Sabur, Nurul Islam @ Nur Islam, Seraj son of Matbar Ali, Abdul Huq, Alfaz, Hamid, Malek, and Majid along with others were placed under trial before the Additional Sessions Judge, Kishoreganj, in Sessions Case No. 21 of 1987 and have be...... This Case is also Reported in: 43 DLR (1991) 633. ..Category: Criminal Law | Date: | Hits: 68
Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)
....daklal, 26 Indian Appeal 58; Vallabhdas Naranji Vs. Development Officer, 56 Indian Appeal 259; Vallahdas Naranji Vs. Development Officer, Bandra, 56 Indian Appeal 259=AIR 1929 (PC) 163; Ramsden Vs. Dyson, (1965) 1 HL 129; Lala Beniram Vs. Kundalal, 26 Indian Appeal 58=3 CWN 502; Dharmadas Kundu Vs. ......upon the immovable property of the grantor, something which would in the absence of such right, be unlawful, and such right does not amount to an easement or an interest in the property, the right is called a licence". According to Mr. Ahmed, by Ext. 1 the appellant granted a licence to the respo......outhern covered verandah, together with electric, water and sanitary fittings and fixtures, etc." 4. The case of the plaintiff‑respondent, in brief, is that while he was serving in the then Industrial Development Bank of Pakistan, he married the appellant on the 1st of February, 1962, that out ......pondent. Judgment August 8, 1990. Cases Referred to- KK Das Vs. Amina Khatun Bibi, AIR 1940 (Cal) 356=44 CWN 247; Ramratan Vs. Shiodattarai, AIR 1921 (Nagpur) 167; Sitara Shahjahan Begum and another Vs. Munna and another, AIR 1927 (Allahabad) 342; Gujerat Ginning and Manufacturing Co. L..Category: Property Law | Date: | Hits: 110
....agong in Miscellaneous Case Nos. 59 and 60 of 1981 arising out of Money Suit No. 152 of 1981. At the time of issuance of the Rule it was directed to hear both the Rules analogously. The trial Court also passed one judgment on hearing the Miscellaneous Case Nos. 59 and 60 of 1981 on 27.11.81 analogou......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.
......d Court, Chittagong in Miscellaneous Case Nos. 59 and 60 of 1981 arising out of Money Suit No. 152 of 1981. At the time of issuance of the Rule it was directed to hear both the Rules analogously. The trial Court also passed one judgment on hearing the Miscellaneous Case Nos. 59 and 60 of 1981 on 27.......ussain Mohammad Habibur Rahman J
Kazi Ebadul Hoque J
Bangla Jalpari Lines (Pvt) Ltd.................................................Petitioner
Vs.
Continental Grain Company (Canada) Ltd. and others............... Opposite Parties.
Judgment
July 24, 1990.
Case Referred to-
P..
Category: Admiralty Law or Maritime Law | Date: | Hits: 186
Mozammel (Md.) Huq Vs. State, 1990, 19 CLC (HCD)
....f law raised on behalf of the appellant. 2. The appellant along with 3 others was tried by the Special Tribunal upon taking cognizance of offences under section 25B of the Special Powers Act and also under section 156(1)(8) of the Customs Act and upon framing accusation against them under the sam......Court. The Special Tribunal shall have the liberty to cancel the bail‑ of the accused if and when he finds it necessary in course of trial. Ed. This Case is also Reported in: 43 DLR (1991) 614.......8) of the Customs Act and upon framing accusation against them under the same two sections i.e. under section 25B of the Special Powers Act and section 156(1)(8) of the Customs Act. At the end of the trial the present appellant alone was convicted only under section 25B of the Special Powers Act and......oint of law raised on behalf of the appellant. 2. The appellant along with 3 others was tried by the Special Tribunal upon taking cognizance of offences under section 25B of the Special Powers Act and also under section 156(1)(8) of the Customs Act and upon framing accusation against them under t..Category: Criminal Law | Date: | Hits: 52
Abdur Rahman Vs. Shahanara Begum, 1990, 19 CLC (HCD)
.... of 1986 it appears that the plaintiff claimed a sum of Tk. 80,001.00 as prompt dower and Tk. 69,666.00 as maintenance, Tk. 1,00,000.00 as value of gold ornaments and Tk. 60,000.00 as value of her personal belongings. In the pauper case also the plaintiff claimed recovery of the self‑same amounts.......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.......e on 3.6.86 fixed for ex‑parte disposal of the case and obtained several adjournments for filling written statement and filed written statement on 18.11.86 and thereafter 3.1.87 was fixed for pre‑trial hearing under section 10 of the Ordinance and on that date the defendant was found absent on c......€‘ For the Opposite Party. Civil Revision No. 11 of 1989. Judgment Kazi Ebadul Hoque J. - This Rule was issued at the instance of the defendant‑petitioner Abdur Rahman against the judgment and order dated 28.4.1988 passed in the Family Court Appeal No. 26 of 1987 by the Subordinate Judge ..Category: Civil Law | Date: | Hits: 106
Abul (Md.) Kashem & others Vs. Ashrafuzzaman, 1990, 19 CLC (HCD)
....g a suit for declaratory decree and consequential relief the same was to be valued under section 7(iv)(c) of the Court Fees Act and the suit is to be valued accor6ng to the amount at which the relief sought and valued in the plaint. The plaintiff has rightly valued to suit at Tk. 51,000.00 calculati......he valuation given by the plaintiffs in the plaint computing the valuation on the consideration of the kabalas was rejected holding the valuation to be correct. In that case it was held no enquiry is called for to determine the correct valuation as per provision of section 8 C of the Court Fees Act ......ation given by the plaintiff was correct. In hearing interlocutory matter, like the valuation of the suit the Court normally does not embark upon the detail enquiry as the time at the disposal of the trial Court for hearing of the interlocutory matter is very short. It is not uncommon that unnecessa...............................................Opposite Party. Judgment July 30, 1990. Cases Referred to- Keramat Ali Bepari Vs. Province of East Pakistan, 22 DLR 646; Syed Ahmed Vs. Keshab Chandro and another, 1988 BLD 60. Lawyers Involved: SC Das, Advocate ‑ For the Petitioner. ..Category: Civil Law | Date: | Hits: 94
Afsar (Md.) Vs. Moulvibazar Pourashava and others, 1990, 19 CLC (HCD)
....aforesaid defendant opposite parties but they did not show any cause or filed any written objection against the prayer for temporary injunction and hence the order of ad-interim injunction was made absolute on 7.5.73. Subsequently on the prayer of the plaintiff the schedule of the suit property was ......this order with proper notice to both the sides. Let the records of the case along with a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 589. ......e Code, he has dealt with the same as it an independent original application for temporary injunction or as if he has sat over a judgment of the lower Court in appeal and affirmed the decision of the trial Court which is not permissible in law. 10. I have carefully gone through the impugned judgm...... High Court Division (Civil Revisional Jurisdiction) Present: Muhammad Ansar Ali J Afsar (Md.).................................................Petitioner Vs. Moulvibazar Pourashava and others...............Opposite Party. Judgment December 3, 1990. Case Referred to- ..Category: Trust/Waqf Law | Date: | Hits: 181
Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)
.... made out on the basis of the FIR lodged with the, Kalmakanda Police Station on 29.8.84 by PW 1 Abdul Gani is that on the night following 28.8.84 he (informant) slept in his north bhiti hut while his son Nur Mia along with his wife and a minor son slept in the west bhiti hut. In that night at about ......ies squarely on the prosecution. It is obligatory on the part of prosecution to prove affirmatively that maker of the report is dead, or that he cannot be found within Bangladesh or that he cannot be called and produced as a witness without unreasonable delay or expense, In a murder case application......th Basharatul Moula, Advocate ‑ For the State. Criminal Appeal No. 415 of 1986. Judgment Muhammad Ansar Ali J. - Appellants Khelu Mia, Golap Mia, Taher, Hannan and Abdul Hye were placed on trial to answer the charges against them under sections 460/302/34 of the Penal Code in Sessions Cas...... 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)
....e of the plaintiffs‑opposite parties was that the land in suit measuring 78.23 acres in plot No. 123 of Mouza Char Wapda was recorded in a block during Diara Survey in the names of the different persons on the basis of their title and possession. The land of plot No. 123 is a reformed land and sub......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. ......4. The learned Assistant Judge dismissed the suit holding that the Additional Deputy commissioner legally passed the order Dated 15.8.1985. 5. The plaintiffs against the judgment and decree of the trial Court preferred Tide Appeal No. 10 of 1989 in the Court of District Judge, Noakhali who allowe......r Chowdhury....................... Petitioner Vs. Sayedul Hoque & others................ …………Opposite Parties. Judgment May 30, 1990. Cases Referred to- Sundar Vs. Hiru and others, 1936 Lah 138; Salyendra Kishore Roy Vs. Ramendra Kishore Roy, 7 BCR 227 (AD); Hazi Nurul..Category: Property Law | Date: | Hits: 72
Amir Ali & others Vs. State, 1990, 19 CLC (HCD)
....here were sarees in 29 gunny bags and drums containing palm oil in the truck. On their failure to produce any valid documents for such goods the informant arrested them under section 54 Cr.P.C. and also seized the truck with the goods and took to the Siddhirganj Police Station. The goods from the tr......rees of different varieties. In his presence a seizure list of those sarees was prepared. He proved the seizure list, Ext. 2 and his signature Ext. 2/2. In his cross‑examination he stated that PW 1 called him to the police station and could not say when the truck was brought to the police station.......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. ......i & others................................Appellants Vs. The State..........................................Respondent. Judgment January 31, 1990. Case Referred to- Abdul Hamid and another Vs. The State, 40 DLR 477. Lawyers Involved: Shaukal Ali Khan with Gour Gopal Shah..Category: Fiscal/Taxation Law | Date: | Hits: 101
Bangladesh Vs. Dewan Obaidur Reza Chowdhury and Others, 1990, 19 CLC (HCD)
....t the employees of the settlement department recorded the entire suit land except 24 decimals (25 cents) in favour of defendant No. 1 and then in the name of defendant No. 2; that the plaintiff was absolutely unaware of the record of right prepared in the name of the defendants and this wrong record......right of the plaintiff which is not correct. In the trial Court's judgment it has been observed by the learned Munsif as follows:‑ "The learned Advocate for the plaintiff has argued that he had called for all papers relating to the suit land from the ex‑landlord. The non‑production of thos...... parte against the rest without costs by his judgment and decree dated 20.8.67. Thereafter on appeal by the plaintiff, the learned Subordinate Judge, Sylhet reversed the judgment and decree of the trial Court and decreed the suit on contest with costs against the contesting defendant and ex parte......sion (Civil Appellate Jurisdiction) Present: Muhammad Ansar Ali J Bangladesh...............................................................Appellant Vs. Dewan Obaidur Reza Chowdhury and Others.................Respondents. Judgment November 29, 1990. Cases Referred to- ..Category: Property Law | Date: | Hits: 101
Hosne Ara Begum Vs. Alhaj Md. Rezaul Karim and others, 1990, 19 CLC (HCD)
....e house of her father and maintenance of Tk. 14,000.00 each for the two older children and Tk. 3,000.00 for the third child born on 11.7.87 while she had been residing at her father's residence and also Tk. 80,000.00 as value of the gold ornaments misappropriated by the defendant opposite parties, T......n the said decision: "The broad and unqualified proposition that once it is held that an officer, authority or functionary in exercising the function of the Court in relation to rights that may be called ‘Civil’, that officer, authority or functionary must be held to be subordinate to the Hig......sed in Family Court Case No. 1 of 1988 filed by the wife petitioner and Family Court Case No. 1 of 1989 filed 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 bas......nal Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Hosne Ara Begum.........................................Petitioner Vs. Alhaj Md. Rezaul Karim and others ................Opposite Party. Judgment August 13, 1990. Cases Referred to- ..Category: Family Law | Date: | Hits: 210
....Mark was numbered as 21785 in the Registry of Trade Marks in Class 34. In the year 1962 the owners of Sattar Match Works established another match factory it Lama, Chittagong Hill Tracts, which was also named as "Sattar Match Works" and which being under the same management also used the same trade ...... the Registrar granted registration of trade mark Cock in favour of the Ujala Match Factory. In this regard also I do not find any element of fraud on the part the Registrar of trade marks. It may be called negligence or carelessness in performing his official duty, but it does not mean that Registr......ala as well as Sattar were using this trade mark "Cock" as because before liberation both the units belonged to the same company and after the creation of Bangladesh Government took over the two Industrial Units under PO No. 16 of 1972. It is stated that only after the injunction order was passed by......o costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 532.
..
Category: Intellectual Property Law | Date: | Hits: 264
State Vs. Satya Narayan Sarada, 1991, 20 CLC (HCD)
....osite party Satya Narayan Sarada on 13.8.88 at about 11‑30 AM and after search of his house and a tinshed attached to his house found huge quantity of Bangladeshi as well as Indian cloths including some Indian old sarees and medicine therein. The said goods were seized by them as per seizure lists......ocedure. The Rule is therefore discharged. The order of stay granted by this Court and the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 529.......ything contained in the Code or in any other law for the time being in force, a Special Tribunal may take cognizance of an offence triable under this Act without the accused being committed to it for trial but shall not take cognizance of any such offence except on a report in writing made by a poli......(SC) 69; 15 DLR (SC) 150; 28 DLR (SC) 38. Lawyers Involved: M Shamsul Alam, Deputy Attorney‑General with Md. Hefzu Bari, Advocate ‑ For the Petitioner. Jamiruddin Sircar with Asaduzzaman and Mir Hashmat Ali, Advocates ‑ For the Opposite Party. Criminal Revision No. 71 of 1990. J..Category: Criminal Law | Date: | Hits: 72
Nannu (Md.) Miah Vs. Mosammat Peer Banu Bibi & another, 1990, 19 CLC (HCD)
....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 Subordinate Judge, Dhaka against petitioner Md. Nannu Meah in respect of some landed properties claiming 8 annas share therein. The suit was decreed on contest in preliminar......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.......icata. He has also submitted that the plaintiff cannot be allowed to blow hot and cold in the same breath as she defended the decree by opposing the defendant's prayer for its slight amendment in the trial Court. In support of his contention he has cited the decision reported in AIR 1936 (Sind) 99, ......IR 1936 (Sind) 99; AIR 1941 Cal. 401 (404); 35 DLR 217; PLD 1969 Dhaka 930. Lawyers Involved: Nurullah with AQM Shafiullah, Advocates ‑ For the Petitioner. Meah Abdul Gafur with MA Mannan and Abbasuddin Ahmed, Advocates ‑For the Opposite Parties. Civil Revision No. 401 of 1986. J..Category: Procedural Law | Date: | Hits: 86
Abul Kashem Vs. Mafiz Mia and others, 1991, 20 CLC (HCD)
....ection 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 opposite party No. 1 would have secu......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. ......he point. Admittedly, opposite party No. 1 in his election petition did not plead that petitioner 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 ...... (1991) 523. ..Category: Election Law | Date: | Hits: 139
Motaleb @ Mutu and others Vs. State, 1990, 19 CLC (HCD)
....on Raipura PS Case No. 10(3)/86 was started. It was alleged in the FIR that on an information, Shahabuddin, father of the informant, and the accused petitioner attended a Darbar for the settlement of some disputes at village Majher char. After the conclusion of the Darbar Shahabuddin, father of the ......ideration of materials on record. In the result, the Rule is discharged with the above observation and modification of the impugned order. Ed. This Case is also Reported in: 43 DLR (1991) 519.......sheet, discharged the petitioners against whom no charge sheet was submitted and sent the record of the case together with charge‑sheeted accused Jharu Meah to the Court of Sessions, Narsingdi, for trial by his order dated 25.4.1984. The case having been received by the learned Sessions Judge was ...... Ed. This Case is also Reported in: 43 DLR (1991) 519...Category: Criminal Law | Date: | Hits: 67
State Vs. Md. Ali Kibria @ Shahzijahan and others, 1990, 19 CLC (HCD)
....oazzem Hossain, Deputy Attorney General with Md. Enamul Hoque, Advocate ‑ For the Respondent. Serajul Huq with Md. Munsurul Hoque Chowdhury and ABM Golam Majid, Advocates ‑For the condemned prisoner. Death Reference No. 15 of 1986 with Criminal Appeal No. 11 of 1987. Jail Appea......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.......l No. 11 of 1987. Jail Appeal No. 526 of 1986. Judgment Syed Fazle Ahmed J. - Condemned Prisoner Mohammad Ali Kibria alias Shahjahan along with Meherunnessa and Md. Yusuf Ali wore placed on trial before the Additional Sessions Judge, 3rd Court, Dhaka in Session case No. 9 of 1986 to answer......ia @ Shahajahan ............................Appellant Vs. The State......................................................Respondent. Judgment March 6, 1990. Case Referred to- Waris and others Vs. The State, 1982 Pak. Crl. Law Journal 720. Lawyers Involved: Md. Moazzem Hossai..Category: Criminal Law | Date: | Hits: 93
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