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Sadharan Bima Corporation Vs. Bangladesh Shipping Corporation & others, 1990, 19 CLC (HCD)
....rdance with law. Ed. This Case is also Reported in: 43 DLR (1991) 548.......rs Ltd. 34 DLR (AD) 110; Albert David (Bangladesh) Ltd. Vs. M/s. Nedlloyed Lijnel BV Rotterdam, 34 DLR 356; Kings Shipping Traders Vs. M/s. LS Line and others, 38 DLR 30; Batuit Vs. Hartley, 1872 Maritime Law Cases (QB), 337; Bengal Liner Ltd. Vs. Sadharan Bima Corporation and another, 1990 BLD, 105......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)
....dgment August 13, 1990. Cases Referred to- Amir Md. Vs. Mst Bushra, AIR 1956 Raj. 102; AKM Ruhul Amin Vs. District Judge, Bhola, 38 DLR (AD) 172; AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola and ors., 38 DLR (AD) 172, Sultan Ali Vs. Nur Hossain, AIR 1949 Lah 131......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. ......he wife petitioner filed Faimly Court Case No. 1 of 1988 against her husband opposite party No. 1, her father‑in‑law, opposite party No. 2 and sister of her husband, opposite party No. 3 claiming recovery of dower of Tk. 60,001.00, maintenance of Tk. 14,000.00 for 14 months for being compelled t......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
Atash Ali and others Vs. Rebati Mohan Sarker and 3 others, 1990, 19 CLC (HCD)
.... (1991) 539. ......nent injunction against the defendants. After filing the suit the plaintiffs also filed a petition for temporary injunction. The defendants also filed written objection. The matter was adjourned from time to time. And ultimately on November 11, 1986 the petition was rejected which was followed by an......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. ......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. ..Category: Civil Law | Date: | Hits: 93
....l be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 532.
......ng under the same management also used the same trade mark "Cock" on its match boxes. The two factories under the same owners carried on their business under the name of "Sattar Match Works" for some time and thereafter the owners constituted themselves into a private limited company under the Compa......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.
......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
State Vs. Satya Narayan Sarada, 1991, 20 CLC (HCD)
....d. Ed. This Case is also Reported in: 43 DLR (1991) 529.......ty 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 and the opposite party was given a few hours' time to show valid papers if any for the said goods Tk. 48,53,368.00 but the opposite party failed t......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.......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...Category: Criminal Law | Date: | Hits: 72
Nannu (Md.) Miah Vs. Mosammat Peer Banu Bibi & another, 1990, 19 CLC (HCD)
....991) 526.......self assailed the self‑same decree in the later suit. This actually attracts the principle not of res judicata but of estoppel which means that a person shall not be allowed to say one thing at one time and the opposite of it at another time. Be that as it may, it is also in the plaint that the re......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
Motaleb @ Mutu and others Vs. State, 1990, 19 CLC (HCD)
....9.......l Procedure. He further submitted that the learned Sessions Judge having been in seisin of the case as trial Court, he could not arrogate to himself the jurisdiction of a revisional Court at the same time and dispose of the petition filed before him under section 173(3B) of the Code under his revisi......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.......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...Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. Unimarine SA Panama and other, 1977, 6 CLC (HCD)
....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. ......e or any part of his property, or (b) is about to remove the whole or any part of his property from the local limits of the jurisdiction of the Court, the Court may direct the defendant, within a time to be fixed by it, either to furnish security, in such sum as may be specified in the order, to......der dated 16.5.77 passed by the learned Subordinate Judge of the 3rd Court, Chittagong, in Money Suit No. 42 of 1977. 2. The Government, a plaintiff, filed a money suit against the defendants, for recovery of Tk. 1,01,47,500.00 for damage caused to 5109 metric tons of wheat, carried by defendants......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)
....ahjahan 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.......ered his brother's son Kaoser Ahmed in order to facilitate the acquisition of the property of his brother Haji Muhibur Rahman, who was paralytic person lying in bed in an unconscious condition at the time of occurrence. The dead body of victim Kaoser Ahmed was produced before doctor Mojibur Rahman (......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
Enamul Huq (Md) & 2 others Vs. Syndicate, University of Dhaka, 1990, 19 CLC (HCD)
.............................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 Syndicate, University of Dhaka, represented by its Chairman and Vice‑Chancellor, University of Dhaka and......me manner and the same has got no rational basis and in that the impugned action has been taken mala fide. The learned Advocate also submits that there is no dispute that petitioners, at the relevant time, had been in the respective examination halls. No adverse report was issued against them by the......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
Abdul Majid Vs. Akhil Chandra Sengupta and others, 1991, 20 CLC (HCD)
..............Petitioner Vs. Akhil Chandra Sengupta and others....................Opposite Parties. Judgment January 28, 1991. Lawyers Involved: Rafiqur Rahman with Serajur Rahman, Advocates ‑For the Petitioner. SC Das, Advocate ‑ For the Opposite Party. Civil Revision No. 1 ......her from the date when the document is registered under section 60 of the Registration Act. In this case the document was registered on 17.11.1984 and the pre‑emption case was filed on 12.2.1985 in time. The Court, it seems to me, equally committed an error in holding that the petitioner is not ow......s correct. For the aforesaid reasons the judgment cannot be sustained. In the result, the Rule is made absolute. No order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 506. ......s correct. For the aforesaid reasons the judgment cannot be sustained. In the result, the Rule is made absolute. No order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 506. ..Category: Property Law | Date: | Hits: 97
Farzana Huq Vs. Bangladesh, 1990, 19 CLC (HCD)
....of Home Affairs and others.....Respondents. Judgment April 3, 1990. Cases Referred to- Golam Hossain alias Gama Vs. Commissioner of Police, Calcutta and others, AIR 1974 (SC) 1336; Ship Ratan Makin; Vs. Union of India, AIR 1986 (SC) 610; Mrs. Sajeda Parvin Banu Vs. Government of Banglad......ct with a view to preventing him from committing any act prejudicial to public safety and public order. Subsequently the Government approved of the order and extended the period of his detention from time to time. The petitioner having moved writ petition No. 187 of 1988 a Division Bench of this Cou......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)
.... Ahmed Kabir..........................................Petitioner Vs. Haji Mazahar Ahmed and others...............Opposite Parties. Judgment July 25, 1990. Cases Referred to- Keramat Ali Bepari Vs. Province of East Pakistan, 22 DLR 646; Syed Ahmed Vs. Keshab Chandra and another, ...... and determine the valuation where there is objective standard of valuation of the suit. The objective standard of valuation is the consideration money of the Kabala or market price prevailing at the time of institution of the suit which is less. The case of Keramat Ali Bepari Vs. Province of East P......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)
...........Petitioner Vs. Uttara Bank, Bangabandhu Avenue Branch, Dhaka.............Opposite Party. Judgment August 30, 1990. Lawyers Involved: Ajmalul Hossain with Iftekher Ahmed, Advocates ‑For the Petitioner. A Q M Safiullah Advocate‑ For the Opposite Party. Civil Revision......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. ...... and 20 dated 28.8.84 and 2.9.84 respectively passed by the Commercial Court No. 1 in Title Suit No. 29 of 1984 should not be set aside. 2. The plaintiff‑opposite party filed a mortgage suit for recovery of Tk. 668118/‑ from the defendant‑petitioner on the allegations, inter aila, that the ......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. ..Category: Property Law | Date: | Hits: 90
Nehal Uddin (Md.) and others Vs. Amena Khatun and others, 1990, 19 CLC (HCD)
.... 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.......urju Ali & others reported in 7 DLR 94, wherein it has been held that: "Possession under a mistake or invalid title is as effective as that of a trespasser, and, if sufficient in the length of time and continuity, gives the holder a good title. Under Article 14 of the Limitation Act time b......run against the rightful owner from the date of discontinuance of possession or dispossession, as the case may be, and under section 28 of the Limitation Act the right is extinguished, if no suit for recovery is instituted by him within the statutory period. The mere fact that the plaintiff did 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...Category: Property Law | Date: | Hits: 71
Investment Corporation of Bangladesh Vs. Bata Shoe Company (Bangladesh) Ltd., 1990, 19 CLC (HCD)
....rther delay. Ed. This Case is also Reported in: 43 DLR (1991) 487. ......as allotted you the above mentioned ordinary shares of Tk. 10.00 each as specified above subject to the provisions of the Companies Act, 1913 and the rules and regulations framed or to be framed from time to. time under it, and also the terms of the Prospectus of the said shares and as approved by t......further directed to issue and deliver the necessary share certificates in favour of the petitioner corporation without any further delay. Ed. This Case is also Reported in: 43 DLR (1991) 487. ......further directed to issue and deliver the necessary share certificates in favour of the petitioner corporation without any further delay. Ed. This Case is also Reported in: 43 DLR (1991) 487. ..Category: Company Law | Date: | Hits: 208
Gulshan Ara Begum Vs. Moazzem Hossain Chowdhury and others, 1990, 19 CLC (HCD)
..../s. Adamjee Jute Mills Ltd. Vs. Chairman, 3rd Labour Court, 1988 BLD page 1; Syed Anisul Huq Vs. MH Arif, 40 DLR 314. Lawyers Involved: S A M Mahbub Elahi with Md. Mizanur Rahman Bhuiyan, Advocates ‑ For the Petitioners. Not represented ‑ the Opposite Parties. Civil Revision No. 370......ds it appears that the notices were served upon the opposite parties about the aforesaid miscellaneous case. Opposite parties appeared before the Court on 15.2.89 and filed an application praying for time for filing written objection and the time was given upto 22.2.89 for filing written objection. ......h law as expeditiously as possible after giving due notices to the parties concerned Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 481. ......h law as expeditiously as possible after giving due notices to the parties concerned Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 481. ..Category: Procedural Law | Date: | Hits: 68
Mir Amir Ali Vs. State, 1991, 20 CLC (HCD)
....ourt High Court Division (Criminal Revisional Jurisdiction) Present: Habibur Rahman Khan J Muhammad Abdul Mannan J Mir Amir Ali ......... ........Accused Petitioner Vs. The State......................... Opposite-Party Judgment December 11, 1991. Cases Referred To-......itioner was arrested by the Gobindaganj police under section 54 CrPC and was granted bail by the Sessions Judge. The accused petitioner was the Accounts Officer at Gobindaganj Upazila at the relevant time. The case was started on 15.6.95 and the charge sheet was submitted on 20.11.98. There was much......llow the criminal case to continue will amount to causing harassment to the accused-petitioner particularly in the case which was started in the year 1985 and has still been continuing even after the recovery on repayment of loan by the loanees towards the adjustment of GP Fund Account which fact ha......uashed. It is hereby directed that the accused petitioner be discharged from his bail bond. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 250. ..Category: Criminal Law | Date: | Hits: 104
A M A Wajedul Islam Vs. State, 1993, 22 CLC (HCD)
....nected Rule being Criminal Revision No.3521(R)/1991 for bail is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 243. ...... safes, one big and other small, kept inside the vault. After thus opening the gate and chests Matlubul Alam used to go to his seat outside the cash counter. Wajedul Islam used to bring out cash from time to time during the working hours by unlocking and locking the iron chests with his keys. Wajedu......ion No.329 (R) 1993 is accordingly disposed of and the connected Rule being Criminal Revision No.3521(R)/1991 for bail is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 243. ......ion No.329 (R) 1993 is accordingly disposed of and the connected Rule being Criminal Revision No.3521(R)/1991 for bail is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 243. ..Category: Criminal Law | Date: | Hits: 91
Government of Bangladesh and others Vs. Abul Hashem Khan, 2009, 38 CLC (AD)
....is, thus, dismissed. In the result, this appeal is, accordingly, allowed without any other as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 271. ...... as Additional Deputy Commissioner. By an order dated 22.05.1983, however, he was compulsorily retired from service under Martial Law Order No.9; that in view of the representation made by him from time to time against the said order of punishment, the Review Forum constituted under Article A of t...... is set aside. The case is, thus, dismissed. In the result, this appeal is, accordingly, allowed without any other as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 271. ...... is set aside. The case is, thus, dismissed. In the result, this appeal is, accordingly, allowed without any other as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 271. ..Category: Administrative Law | Date: | Hits: 160
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