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Government of Bangladesh and another Vs. Lutfun Nessa and others, 2010, 39 CLC (AD)
....y the High Court Division in Appeal from Original Decree No.387 of 2003 with Civil Rule No.697 (f) of 2003 allowing the appeal. 2. The facts involved in the case, in short, are that 'Ka' schedule property was leased out with one Faizul Huque and after his death to his wife Amina Hoque. As the le...... Division (Civil) Present: Mohammad Fazlul Karim CJ Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Government of Bangladesh and another………..Petitioners (In Civil Petition No.1996 of 2009.) Nurul Absar Shaheen……...... predecessor thereupon mutated his name, paid rent to the Government and possessed the suit property till his death. The suit properties are not vested and non-resident property and the suit is not legally maintainable. 4. Mr. Biswajit Das, learned Deputy Attorney General, appearing for the pet..Category: Property Law | Date: | Hits: 93
Sadharan Bima Corporation Vs. Bangladesh Shipping Corporation and others, 1990, 19 CLC (HCD)
.... 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 (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......the owner of the ship is not domiciled in Bangladesh. He submits that as the goods in question were carried in a vessel namely, MV Banglar Collol belonging to the defendant No. 1 petitioner, who is 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: 175
Dulal and others Vs. State, 1990, 19 CLC (HCD)
....ail for preferring revisional application to this Court after the accused persons surrendered to undergo the sentence of imprisonment as per direction of the Appellate Court. I therefore, think it proper that this fact should be brought to the notice of all the Magistrates by the Registrar of thi......thin two (2) weeks. Ed. This Case is also Reported in: 43 DLR (1991) 321. ......ere allowed to continue on the same bail by order dated 5.8.90 at the time of issuing the rule with a direction to file an application for bail as the learned Magistrate granted them bail without any legal authority. In this connection it may be pointed out that after the appeals of the petitioners ..Category: Criminal Law | Date: | Hits: 60
Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)
..... The defendants contested the suit by filing written statements. The defence case is as follows: 7. The defendants are permanent residents of Kawkhali in the District of Barisal. They purchased a property at Amrajuri Mouza of Kawkhali PS in a certificate sale and they got possession of a portion......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......e publication of this statement is surely unfounded and made with a motive. The other offending statements of paragraphs 17 and 18 are that the plaintiff is trying to obstruct the defendants in their legal pursuit, and also starting false case against them and creating present and future trouble for..Category: Civil Law | Date: | Hits: 89
Zulfiquar Ali Bhutto Vs. State, 1991, 20 CLC (HCD)
....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.......osite Party. Judgment February 12, 1991. Cases Referred to- Sh. Zahoor Ahmed Vs. State, PLD (1974) Lahore 256; Golam Sarwar Kamal Vs. State, 1985 BLD (AD) 110. Lawyers Involved: Khandker Mahbub Hossain with Khandker Gulzar Hossain, Advocates ‑For the Petitioner. M. Shasul Al......d to an order of anticipatory bail passed by another Bench of this Court in Criminal Miscellaneous case No. 34 of 1991 on 21.1.91. Considering the above facts and circumstances of the case and the legal position discussed above, the prayer for anticipatory bail is allowed for a period of one (1) ..Category: Criminal Law | Date: | Hits: 61
Government of Bangladesh Vs. Abdul Wahid Sheikh (dead) his heirs & others, 1990, 19 CLC (HCD)
....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......red pending before any Court or authority on the date of commencement of the said Order shall not be further proceeded with and shall abate and no Court shall entertain any suit, application or other legal proceedings in respect of any such claim. Explanation.‑ For the purpose of this section, ..Category: Property Law | Date: | Hits: 77
Haque and Company Limited Vs. M/s. Western Soap Factory and others, 1990, 19 CLC (HCD)
....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. ......t 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 respondent No. 2, the respondent No. 2 illegally accorded registration to the respondent No. 1 on 31.8.87 without considering the application..Category: Intellectual Property Law | Date: | Hits: 219
Captain Shamsul Alam Chowdhury Vs. Shirin Alam Chowdhury, 1991, 20 CLC (HCD)
....posite party had filed the said suit, inter alia, on the ground that the petitioner led a life beneath standard to which she and their children were accustomed to and that the petitioner did not take proper medical advice for treatment of his illness. She further contended that he used to come back ......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......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...Category: Family Law | Date: | Hits: 230
AHM Kamaluddin another Vs. The State, 1989, 18 CLC (HCD)
....the result, the application is summarily rejected. Let a copy of this judgment be sent to the Court of the Divisional Special Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (1991) 294. ...... J AHM Kamaluddin another……………….Petitioners Vs. The State....................................Opposite Party. Judgment August 21, 1989. Lawyers Involved: Abdul Wadud Khandker, Advocate ‑ For the Petitioner. Not represented-the Opposite Party. Criminal Revision......fically mentioned in the charge‑sheet in violation of the provisions of the rules of the Bank and in collusion with Sk. Maniruzzaman dishonestly misappropriated the said amount and by corrupt and illegal means abusing their position as public servant obtained pecuniary advantage either for themsel..Category: Criminal Law | Date: | Hits: 63
Abdul Hakim and others Vs. The State, 1990, 19 CLC (HCD)
....dge, Rajshahi in Special Tribunal Case No. 1 of 1986 admitting Exts. 4, 5 and 6 series into evidence should not be set aside or such other or further order or orders as to this Court may seem fit and proper and pending hearing of the Rule, all further proceedings of Special Tribunal Case No. 1 of 19...... Reported in: 43 DLR (1991) 291, 43 DLR (1991) 389. ......ent unworthy of credit and not admissible in evidence and 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..Category: Criminal Law | Date: | Hits: 74
....mpany as the mortgagor and the then Commerce Bank Limited Bangabandhu Avenue, as the mortgagee for a total sum of Tk. 38,00,000.00 in respect of the plaintiffs stocks, goods dyes, chemicals and other properties as mentioned in the said policy, that all the aforesaid policies covered "Riot and Strike......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.......tion 28 of the Contract Act which runs as follows:
"Every agreement, by which any party thereto is restricted absolutely from enforcing his rights under or in respect of any contract, by the usual legal proceedings in the ordinary tribunals, or which limits the time within which he may thus enfor..
Category: Alternative Dispute Resolution | Date: | Hits: 170
Dilip @ Siddiqur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....the interested and inimical persons were brought as witnesses and even their evidence were so palpably exaggerated that no reliance can be placed on their evidence. (v) The learned Judge failed to properly scrutinise their evidence and ignored the absurdity of their evidence. 10. Lastly, it wa......ent. Judgment April 10, 1990. Cases Referred to- 12 DLR (SC) 289; 15 DLR (SC) 66; PLD 1967 (SC) 16; BCR 1987 (AD) 85. Lawyers Involved: Serajul Huq, with Md. Munsurul Hoq Chowdhury and ABM Golam Majid, Advocates- For the Appellants. Shareef Ahmad, Advocate ‑For the State. ......mant party comprising 7 or 8 persons could not have been injured like that and one of them could not have been killed. 51. Thus having considered all the evidence, the circumstances and the entire legal aspects we are satisfied to hold that the conviction and sentence passed by the learned Sessio..Category: Criminal Law | Date: | Hits: 61
State Vs.Joynal Abedin and another, 1990, 19 CLC (HCD)
....articular court and in doing so, it is customary that certain allegations are made against the presiding officer which gave rise to apprehension in the minds of the litigants, that they would not get proper justice from a particular officer. The litigants are given certain latitude in such matters. ......urt Division (Criminal Miscellaneous Jurisdiction) Present: Abdul Bari Sarker J Abdul Hasib J State...................................................Petitioner Vs. Joynal Abedin and another......................Other Party. Judgment May 17, 1990. Lawyers Involved: M......are of the opinion that no case for contempt is made out against any of the contemners in this case. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 261. ..Category: Criminal Law | Date: | Hits: 64
....ants are the appellants before this Court. The plaintiff‑respondent, a limited company, instituted the aforesaid title suit for declaration of title and specific performance of contract of the suit properties alleging, inter alia, that the industry under the name and style M/s. Ferdous Tannery was......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
......ether the suit properties were included in the inventory prepared for actual sale. He denied the suggestion that Exts. A and B were issued collusively in order to deprive the plaintiff company of its legal claim.
12. DW 2 Abdus Samad Bhuiyan stated that he was the senior Labour Welfare Officer of..
Category: Property Law | Date: | Hits: 73
State Vs. Kalu Bepari, 1990, 19 CLC (HCD)
....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 ......s urged by him that the evidence on record is sufficient to sustain the conviction of the condemned prisoner under section 302 of the Penal Code. Mr. Huq, on the other hand, contends that there is no legal evidence to involve the condemned prisoner with the murder of Momtaj Begum. He further submits..Category: Criminal Law | Date: | Hits: 81
Idris and others Vs. The State, 1990, 19 CLC (HCD)
....that view of the findings there is no scope to interfere with the order impugned in this Revision. 9. From examination of the Judgments of both the Courts below it seems to me that the Court on in proper consideration of evidence carne to the finding that the petitioners forcibly in spite of the ......d of their sentence. Ed. This Case is also Reported in: 43 DLR (1991) 245.......titioner No. 1. The accused petitioners are directed to surrender to their bail bonds and to serve the remaining period of their sentence. Ed. This Case is also Reported in: 43 DLR (1991) 245...Category: Criminal Law | Date: | Hits: 66
Bangladesh Road Transport Corporation Vs. M/s. Ashraf Jute Mills Ltd., 1990, 19 CLC (HCD)
....t be wound up. The Administrator General of Bangladesh is appointed as official liquidator of the aforesaid company‑in‑liquidation and he is directed to attach and take over possession of all the properties, assets, other things, movable and immovable, belonging to the aforesaid respondent compa......ved: Md. Aminul Huq, Advocate ‑ For the Petitioner. Not represented ‑ the Respondent. Matter No. 9 of 1987. Judgment Md. Mozammel Hoque. - This is an application under sections 162 and 163 of the Companies Act, 1913 for winding up of the respondent company namely, M/s. Ashraf Jute......oner to accommodate M/s. Nayapara Jute Mills Ltd. in the aforesaid premises. The respondent company is unable to pay and also has neglected to pay the aforesaid amount of Tk. 1,85,359.95 which is the legal dues of the petitioner. On 24.1.87 the petitioner served legal notice upon the respondent comp..Category: Company Law | Date: | Hits: 165
Serajul Islam Vs. The Director General of Food, 1990, 19 CLC (HCD)
....rsons in the service of the Republic, including the matters provided for in Part‑IX and award of the penalties or punishments; (b) the acquisition, administration, management and disposal of any property vested in or managed by the Government by or under any law including the operation and mana......oner as contained in Memo No. 199/পরি/প্রসা/তদন্ত ও মামলা/13/90 dated 10.1.90, Annexure‑H should not be declared to have been made without any lawful authority and of no legal effect. 2. The short facts of the case are, that the Regional Controller of Food,......ntained in Memo No. 199/পরি/প্রসা/তদন্ত ও মামলা/13/90 dated 10.1.90, Annexure‑H should not be declared to have been made without any lawful authority and of no legal effect. 2. The short facts of the case are, that the Regional Controller of Food, Chittagon..Category: Administrative Law | Date: | Hits: 175
Lukus Miah Vs. State, 1991, 20 CLC (HCD)
....ruelty to Women Ordinance in view of the above facts and circumstances of the case. He however submits that the case should be sent back on remand for retrial of the appellant after framing charge on proper Section of the Penal Code and presumably Section 493 BPC. As the accused allegedly had sexual......sul Alam, Deputy Attorney General with Hafizul Bari, Advocate ‑ For the State. Criminal Appeal No. 340 of 1989. Judgment Abdul Bari Sarker J. - This appeal is directed against the judgment and order of conviction and sentence passed by Mr. Md. Golam, Maola, Special Tribunal Judge, Moulvib......im to suffer rigorous imprisonment for 14 years. 6. Mr. AKM Faiz, the learned Advocate for the appellant has taken us to the facts of the case. He submits that the conviction of the appellant is illegal on the face of it and there is no iota of evidence to sustain the conviction. He submits that ..Category: Criminal Law | Date: | Hits: 68
....ned Advocate for the petitioner. On the contrary they go against him.
In the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 223.
......bibur Rahman J
Habibul Islam Bhuiyan J
Eastern Pharmaceuticals Ltd, Dhaka represented by its Managing Director…………..Petitioner.
Vs.
The Chairman, First Labour Court of Bangladesh and others……………….Respondents.
Judgment
April 17, 1990.
Cases Referred to-
B......e impugned order dated 14.2.90 (Annexure‑H) passed in Complaint Case No. 239 of 1985 or the 1st Labour Court, Dhaka should not be declared to have been made without lawful authority and to be of no legal effect.
2. At the first instance we had called for the records of complaint Case No. 239 of..
Category: Employment/Service Law | Date: | Hits: 89
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