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....ut making any reference and comment as to the merit of the writ application and considering only the prima facie case and the balance of convenience and inconvenience, at this stage I do not consider proper to pass ad‑interim order staying the election of the President of Bangladesh scheduled to b......esent:
Habibur Rahman Khan J
Abdus Samad Azad, MP & others...............................................................Petitioners
Vs.
Bangladesh, through Secretary, Ministry of Law and Justice and others..........Respondents.
Judgment
October 7, 1991.
Lawyers Involved:
......ons as of Annexure 'B' and the Ordinance Annexure U should not be declared as void and inconsistent with the provisions of the Constitution as having been passed without lawful authority and is of no legal effect and also prayed for an ad‑interim order staying the election of the President schedul..
Category: Constitutional Law | Date: | Hits: 229
.... inasmuch as the company is unable to pay its admitted debts.
11. Mr. Ozair Faruque, the learned Advocate for the respondent‑company, submits that this respondent‑company has got the asset and property worth about take three cores and should not be wound up only for a petty amount of Tk. 1 la......eeks from date.
Ed.
This Case is also Reported in: 43 DLR (1991) 603.
......yee Cheque dated 9.9.87 for Tk. 2,17,000.00 being part payment of the arrear rents. But the said cheque was dishonoured when it was placed on 8.9.87 for encashment. Thereafter the petitioner issued a legal notice by registered post on 4.11.91 through the learned Advocate requesting the respondent to..
Category: Company Law | Date: | Hits: 190
Kutub Uddin Bhuiyan and others Vs. Sakhina Bibi and others, 1990, 19 CLC (HCD)
....While they were owning the same Govinda Charan Naha sold his half share to the plaintiffs by registered kabala dated 15.5.43. Prosanna Kumar Naha also settled his share to the plaintiffs on receiving proper salami in January, 1944. The petitioners thus owned and possessed the entire property in Khas......to costs. Ed. This Case is also Reported in: 43 DLR (1991) 601.......it in their personal capacity independently cites the decision in the case of Akkama Vs. Venkalpall AIR 1925 Mad. 59 wherein it has been held that where a party in a previous suit was only added as a legal representative and it was not open to him to raise any defence in personal capacity he can sub..Category: Property Law | Date: | Hits: 92
Abdur Rahman Vs. Shahanara Begum, 1990, 19 CLC (HCD)
....the plaint. 6. Under section 6(2)(a) of the Family Courts Ordinance, 1985 if the Family Court has no jurisdiction to entertain the suit, the plaint shall be returned for presenting the same to the proper Court. In this case there was no objection that Family Court has no jurisdiction to entertain......€‘ 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 ......he suit filed in the Family Court by the plaintiff‑opposite party during pendency of her pauper case in the Court of the Subordinate Judge was not maintainable and the Court of appeal below acted illegally in setting aside the order of the Family Court rejecting the plaint. 4. Mr. Nurul Islam C..Category: Civil Law | Date: | Hits: 106
Afsar (Md.) Vs. Moulvibazar Pourashava and others, 1990, 19 CLC (HCD)
....en 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 amended and SAS plot No. 1638 was incorporated therein by an order of the Court dated 2...... 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- ......e defendant No. 5/opposite party No. 1 in respect of SAS plot No. 1836 and vacated the ad-interim order passed earlier. Mr. Deb further submits that the learned Subordinate Judge has also committed illegality in taking into consideration the question of maintainability of the suit on the alleged gro..Category: Trust/Waqf Law | Date: | Hits: 181
Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)
....that their conviction has been based on inadmissible evidence, in as much as the post‑mortem report in this case has not been put into evidence in accordance with law and further there has not been proper and correct recognition of the accused‑appellants. The next submission on behalf of the app...... This Case is also Reported in: 43 DLR (1991) 573. ......missibility of the post‑mortem report, it is contended on behalf of the State that the same has been put into evidence under section 509A of the Code of Criminal Procedure and as such there is no illegality. It is further contended on behalf of the State that the learned Additional Sessions Judge ..Category: Criminal Law | Date: | Hits: 82
Abdul Quader Chowdhury Vs. Sayedul Hoque & others, 1990, 19 CLC (HCD)
....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. ......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...... instituted Title Suit No. 564 of 1985 for declaration that order passed by the defendant No. 2 the Additional Deputy Commissioner, (Rev.) cancelling the lease of the plaintiffs on 15.8.85 is void, illegal and not binding on the plaintiffs. The case of the plaintiffs‑opposite parties was that the ..Category: Property Law | Date: | Hits: 72
Amir Ali & others Vs. State, 1990, 19 CLC (HCD)
....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......the prosecution to secure arrest of the owner of the truck and of the goods support the defence case that PW 1 allowed the real culprits to escape and the appellants were made scape goats without any legal evidence in order to save his service. Mr. Khan further urges that there are material contradi..Category: Fiscal/Taxation Law | Date: | Hits: 101
Bangladesh Vs. Dewan Obaidur Reza Chowdhury and Others, 1990, 19 CLC (HCD)
....as not identifiable and no effective decree could be passed in such a case. Mr. SK Sinha, the learned Advocate for the respondent on the other hand contends that the question of vagueness of the suit property was neither raised in the pleading i.e. written statement filed by the defendant No. 2 nor ......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- ......s the management of the estate of the ex‑landlord, defendant No. 1 was given to the Court of Wards; that during the last 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 ..Category: Property Law | Date: | Hits: 101
Sadharan Bima Corporation Vs. Bangladesh Shipping CorÂporation & others, 1990, 19 CLC (HCD)
....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.......igh Court Division (Admiralty Jurisdiction) Present: Md. Mozammel Hoque J Sadharan Bima Corporation.....................................Plaintiff Vs. Bangladesh Shipping Corporation and others.............Defendants. Judgment May 27, 1990. Cases Referred to- Al‑Sayer......f the suit, the owner of the ship is domiciled in Bangladesh. He submits that as the goods in question were carried in a vessel namely, MV Banglar Callol belonging to the defendant No.1 petitioner, a legal and juristic person in Bangladesh, a person who allegedly suffered damage or loss for the good..Category: Admiralty Law or Maritime Law | Date: | Hits: 195
Hosne Ara Begum Vs. Alhaj Md. Rezaul Karim and others, 1990, 19 CLC (HCD)
....nd that the plaintiff was not entitled to recover other claims as the same were beyond the jurisdiction of the Family Court. 7. The Court of appeal below without considering the pleadings in their proper perspective and without discussing and considering the evidences on record and without settin......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- ......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)
....ontends that in view of provision of section 47 C.P.C. the appeal being incompetent the impugned order of the appellate Court was without jurisdiction and the remedy of the opposite parties lies in a properly constituted separate suit and not in the execution case under Order 21 rule, 15 C.P.C. as t...... ......us Appeal No. 254 of 1982 from an order of the executing Court dated April 22, 1982 gives rise to an important question of law for consideration. The question is whether the lower appellate Court was legally competent to direct the Executing Court to proceed with an Execution Case which was disposed..Category: Procedural Law | Date: | Hits: 81
Atash Ali and others Vs. Rebati Mohan Sarker and 3 others, 1990, 19 CLC (HCD)
....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. ......ce with the law. Ed. This Case is also Reported in: 43 DLR (1991) 539. ......e present Rule. 3. Mr. Abu Taher Chowdhury submits that the order vacating the order rejecting the petition for temporary injunction and fixing the same upon an application under section 151 was illegal in that a specific remedy is provided in Order 47 C.P.C. by way of review and also in Order 43..Category: Civil Law | Date: | Hits: 93
....Factory at Shyampur, Dhaka and Sattar Match Works at Lama, Chittagong Hill Tract as well as the Pakistan Manufacturers and Industries Limited were taken over and vested in the Government as abandoned property under the Presidential Order No. 16 of 1972. After taking over the management of the afores......o costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 532.
...... to the 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 s..
Category: Intellectual Property Law | Date: | Hits: 264
State Vs. Satya Narayan Sarada, 1991, 20 CLC (HCD)
....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.......(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......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 that the learned Sessions Judge acted illegally and without jurisdiction in converting himself as special tribunal and suo moto taking cogni..Category: Criminal Law | Date: | Hits: 72
Abul Kashem Vs. Mafiz Mia and others, 1991, 20 CLC (HCD)
....which the whole election was liable to be set aside. As a result he arrived at the following conclusion- "I have found that the whole election is liable to be set aside, but still I do not find it proper to declare the petitioner appellant as elected Chairman of the said Union Parishad because th...... (1991) 523. ......etitioner was a defaulter and disqualified as such to contest the election for which the entire election was void. 10. However, in view of my finding that the learned District Judge committed no illegality in holding that the petitioner resorted to unfair and corrupt practice in the election at K..Category: Election Law | Date: | Hits: 139
Motaleb @ Mutu and others Vs. State, 1990, 19 CLC (HCD)
....ourt of Session being aggrieved by the order of discharge passed by the learned Magistrate consequent on submission of the final report by the police in respect of the accused petitioners. Of course, proper course for the informant was to file a Naraji petition before the learned Magistrate against ...... Ed. This Case is also Reported in: 43 DLR (1991) 519.......al Court at the same time and dispose of the petition filed before him under section 173(3B) of the Code under his revisional powers. The learned Advocate further submits that the impugned order is illegal and without jurisdiction as the learned Sessions Judge having been in seisin of the case as tr..Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. Unimarine SA Panama and other, 1977, 6 CLC (HCD)
....it passed, on the departure of the mother ship Maersk, Commander. In this connection it is necessary to quote paragraph No. 2 of the application which runs as follows: "That the defendants have no properties and assets to the knowledge of the plaintiff except the property descried in schedule bel......dgement, here. Supreme Court High Court Division (Civil Appellate Jurisdiction) Present: KM Subban J ATM Afzal J Bangladesh………….Appellant Vs. Unimarine SA Panama and other………Respondents Judgment June 16, 1977. Case Referred to- M/s. United Ve......International Agencies. Immunity may also be granted by specific statute as has been given in the Contract Act, but we do not find anything in the Code of Civil Procedure, permitting such immunity to legal processes. The lighterage concerned is well within the jurisdiction of Chittagong Court and..Category: Admiralty Law or Maritime Law | Date: | Hits: 240
State Vs. Md. Ali Kibria @ Shahzijahan and others, 1990, 19 CLC (HCD)
....s read over to them who pleaded not guilty and claimed to be tried. Prosecution examined as many as 19 witnesses but defence examined none. 5. Defence version in short is that in order to grab the property of his brother Haji Mahibur Rahman, PW 1 Taiub Ali Chowdhury hired a murderer and murdered ......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......may be true". Considered as a whole the prosecution story may be true. But between "may be true" and "must be true" there is inevitably a long distance to travel and whole distance must be covered by legal, reliable and unimpeachable evidence. 20. The evidence referred above does not furnish a de..Category: Criminal Law | Date: | Hits: 93
Enamul Huq (Md) & 2 others Vs. Syndicate, University of Dhaka, 1990, 19 CLC (HCD)
....liedly showed that they had passed the examination. Thus, the petitioners due to such publication of results acquired a vested right and before cancellation of the result they were required to give a proper opportunity of being heard in support of their defence they had taken in reply to their show ...............Petitioners (In Writ Petition No. 793 of 1990) 2. Md. Abdul Raquib & others....................................Petitioners (In Writ Petition No. 794 of 1990) 3. Md. Nuruzzaman Khan and 7 others.......................Petitioners (In Writ Petition No. 801 of 1990) Vs. The Synd......ion of the results of the examination and punishment imposed upon them are violative of the principles of natural justice and as such the same has been done without lawful authority and it has got no legal effect. The learned Advocate also submits that the Dhaka University Ordinances and Regulations..Category: Others | Date: | Hits: 112
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