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....the established shipping practice the objector‑petitioner as voyage charterer is obliged to release the vessel on completion of her contracted voyage whereupon the vessel was reverted to the actual possession of the owner. It was further contented that the ingredients of the Order 38, rule 5 of th......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.
......scharged without any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 617.
......1 was filed by defendant petitioner OP No. 1 the Continental Grain Co. (Canada) Ltd. represented by their local agent Maritime Enterprises, Chittagong who claimed to be the Charterer of the vessel in question, namely, MV Regent Ranger. Miscellaneous case No. 60 of 1981 was filed by petitioner OP No...
Category: Admiralty Law or Maritime Law | Date: | Hits: 186
Mozammel (Md.) Huq Vs. State, 1990, 19 CLC (HCD)
.... SC page 311. In this decision it was observed that the learned Judge of the High Court Division, on examination of the record, arrived at the finding that the alleged recovery of the pistol from the possession of the appellant was not proved and the pistol that was recovered was not also sent to th......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.......erty 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.......ot be taken to be fatal for reversing or altering the conviction on appeal. 8. On this point Mr. Serajul Huq referred to a decision reported in 10 DLR (SC) page 29 wherein it has been held that no question as to whether prejudice was caused or not need be considered when illegality has resulted f..Category: Criminal Law | Date: | Hits: 52
Anu Bala Vs. Upazila Nirbahi Officer, Perojpur and Others, 1990, 19 CLC (HCD)
....ied leaving behind two daughters, Mintu Rani Saha and Montu Rani Saha, one wife Anu Bala Saha. Anu Bala got the property of her husband Krishna Kanta Saha as her life estate. She had been in peaceful possession of the said property for over 12 years to the knowledge of all and had been maintaining t......binding upon the plaintiff. 3. It is the contention of the plaintiff in the suit that Agni Kumar, Krishna Kanta, the predecessors of the husband of the plaintiff had been owner of 64 decimals of land of 4 items of properties described in schedule 'Ka' and Kha' to the plaint. Krishna Kanta died ......itioner Vs. Upazila Nirbahi Officer, Perojpur and Others...................Opposite‑Party. Judgment November 4, 1990. Cases Referred to- Circle Officer, Sutrapur Vs. Mohammad Hosain, 1990 BLD 12; Bangladesh Vs. Jahiruddin, 1986 BLD (AD) 190. Lawyers Involved: AK Badrul Huq......ch we find no illegality to interfere in the Revisional jurisdiction of this Court. In the result, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 611...Category: Limitation Law | Date: | Hits: 192
....atter be placed before the regular Bench on the re‑opening of the Court on 20th October, 1991 for hearing of the substantive application.
Ed.
This Case is also Reported in: 43 DLR (1991) 607.
......atter be placed before the regular Bench on the re‑opening of the Court on 20th October, 1991 for hearing of the substantive application.
Ed.
This Case is also Reported in: 43 DLR (1991) 607.
......pening of the Court on 20th October, 1991 for hearing of the substantive application.
Ed.
This Case is also Reported in: 43 DLR (1991) 607.
......y provision of the constitution or hits the fundamental principle of State Policy and fundamental rights of the people and therefore, it requires a close and detailed scrutiny and examination of such questions which is neither permissible nor possible at this stage when the scope is limited and conf..
Category: Constitutional Law | Date: | Hits: 229
....shan, Dhaka is hereby wound up from today. Let the Official Receiver of the Government of Bangladesh be appointed as Official Liquidator in this case. The Official Liquidator is directed to take over possession of all assets and properties of the respondent‑company at its office and factory at 45,......sh, but the petitioner No. 1 denied to receive the payment and told that non‑acceptance of the cheque would make the respondent a defaulter for eviction. It is further stated that the petitioner as landlord of the premises could at best resort to legal proceeding for realization of arrear rents. T...... prayer is allowed and this judgment will come into operation just after two weeks from date.
Ed.
This Case is also Reported in: 43 DLR (1991) 603.
......s been overstaying unauthorized as a trespasser in the demised premises of the petitioner since 9.9.1988 the when the period of the lease expired as per provisions and stipulation in the agreement in question. It is stated that the respondent‑company is unable to pay its debt to the petitioner as ..
Category: Company Law | Date: | Hits: 190
Kutub Uddin Bhuiyan and others Vs. Sakhina Bibi and others, 1990, 19 CLC (HCD)
....The Touzi, however, subsequent to the purchase by the petitioners was sold in revenue sale on 25.9.45 for arrear of Revenue and was auction purchased by one Chand Mia who without getting any physical possession of the land sold the same to Prasanna Kumar Naha on 23.4.46 who in his turn transferred h......932 of 1982 in the Court of Munsif, 6th Court, Dhaka for declaration that the Revenue sale held on 25.9.45 is null and void and not binding upon them. Their case was that the taluk including the suit land measuring 1.42 acres originally belonged to one Radha Chand Naha and on his death his interest ......o order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 601....... as proposed by the application under Order 6 rule 17 C.P.C. In the result, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 601...Category: Property Law | Date: | Hits: 92
Abdur Rahman Vs. Shahanara Begum, 1990, 19 CLC (HCD)
....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.......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.......provisions of the Code of Civil Procedure. Ed. This Case is also Reported in: 43 DLR (1991) 599.......ed 30.3.87 rejecting the plaint was set aside. Being aggrieved by the same, the petitioner obtained Rule from this Court challenging the said impugned judgment and order dated 28.4.88. 3. The only question raised in this Rule is that under section 27 of the Family Courts Ordinance pending suits, ..Category: Civil Law | Date: | Hits: 106
Abul (Md.) Kashem & others Vs. Ashrafuzzaman, 1990, 19 CLC (HCD)
....the issue No. 2 regarding valuation. 2. The plaintiff filed Other Suit No. 14 of 1984 in the Court of Subordinate Judge, Cox's Bazar against the defendants declaration of title and confirmation of possession in the suit land measuring 2.30½ acres of land value in the same at Tk. 51,000.00. In th......ng valuation. 2. The plaintiff filed Other Suit No. 14 of 1984 in the Court of Subordinate Judge, Cox's Bazar against the defendants declaration of title and confirmation of possession in the suit land measuring 2.30½ acres of land value in the same at Tk. 51,000.00. In the plaint the plaintiff ......order be transmitted to the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 596. ...... also closed on that date. So the Court below by order dated 20.8.86 fixed the suit for further hearing on 1.9.86. The defendant petitioners while cross‑examining the plaintiff PW I did not put any question to him regarding valuation of the suit land by confronting him with 5 sale deeds filed by t..Category: Civil Law | Date: | Hits: 94
Afsar (Md.) Vs. Moulvibazar Pourashava and others, 1990, 19 CLC (HCD)
....oice‑list with regard to the Waqf Estate has been prepared or published in terms of the State Acquisition and Tenancy Act and rules. thereunder and that the plaintiff is entitled to continue in his possession and with the maintenance and management of the Waqf Estate described in the plaint schedu......oner as plaintiff instituted Title Suit No. 304 of 1973 against the opposite party Nos. 2‑4 as defendant Nos. I to 3 and opposite party No. 5 as pro forma defendant No. 4 for a declaration that the lands described in the plaint‑schedule are appurtenant to the plaintiff's Waqf Estate and that no ...... City through Chairman Municipal Committee, 22 DLR (WP) Lahore 295; The Trustees of the Port of Chittagong Vs. Sadharan Bima Corporation and others, 32 DLR page 99; Nurun Nahar Vs. Mohd Fazlur Rahman in Civil Appeal No. 83 of 1977. Lawyers Involved: JN Deb with Jotirmoya Deb, Advocates ‑ For......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 ground of non‑service of prior notice under..Category: Trust/Waqf Law | Date: | Hits: 181
Yakub (Md.) Ali Howlader Vs. Abdur Rab Munshi, 1990, 19 CLC (HCD)
....accordance with law and be decided at an earlier date. Communicate this order at once. The stay al granted earlier is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 587. ......accordance with law and be decided at an earlier date. Communicate this order at once. The stay al granted earlier is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 587. ......eferred to- Rafiqul Alam Vs. Mostafa Kamal & others, 42 DLR (AD) 137. Lawyers Involved: Syed Azizul Huq with AY Masihuzzaman and Syed Moyeenul Huq Advocates ‑ For the petitioner. Aminul Huq with Abdul Gani Talukder, Advocates ‑ For Opposite party No. 1. Civil Revision No. 207......t can be challenged and re‑agitated after the election. That must be so because when there is a wrong there must exist a remedy and that remedy being postponed till the election is over there is no question of any waiver of that right by the other contesting candidate by the mere fact of his conte..Category: Election Law | Date: | Hits: 156
Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)
....are acquitted of the charges levelled against them. Let the appellants be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 573. ......ho used to carry on logni (money lending) business and who had enmity with other person connected with that business; of course, PW 1 Abdul Gani had previous enmity with the accused‑appellants over land and other matters and for that he has falsely implicated them in this case including accused Ab......them. Let the appellants be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 573. ......the mis‑joinder of charges. 15. Now, let us see how far the prosecution has been able to establish the charge under sections 302/34 of the Penal Code as against the appellants. To determine this question, we like to go into the evidence first. In this case in all 12 PWs have been examined to pr..Category: Criminal Law | Date: | Hits: 82
Abdul Quader Chowdhury Vs. Sayedul Hoque & others, 1990, 19 CLC (HCD)
....s 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 subsequently recorded in khatian No. 1 a......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 land in suit measuring 78.23 acres in plot No. 123 of Mouza Char Wapda was recorded in a block durin......Vs. Hiru and others, 1936 Lah 138; Salyendra Kishore Roy Vs. Ramendra Kishore Roy, 7 BCR 227 (AD); Hazi Nurul Islam Vs. Serajul Islam and others, 4 BCR 1984 (AD) 401. Lawyers Involved: Ruhul Amin‑II with Golam Mohiuddin, Advocates ‑For the Petitioner. Ruhul Amin, Advocate ‑ For the O......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. ..Category: Property Law | Date: | Hits: 72
Amir Ali & others Vs. State, 1990, 19 CLC (HCD)
....the truck was brought to the police station. He admitted that sarees like the seized ones were available in the market. He also said that he did not know who was the owner of the goods and from whose possession those were seized. 13. PW 10 Md. Moazzem Hossain was the Investigating Officer of the ......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. ......ppellants 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. ......he court containing the words "Diamond Dorina, Prokash Print, Bombay” no doubt can arise as to manufacture of the sarees by the said Indian company and the prosecution has proved that the sarees in question were of Indian origin and smuggled into Bangladesh and was carried by the truck in question..Category: Fiscal/Taxation Law | Date: | Hits: 101
Bangladesh Vs. Dewan Obaidur Reza Chowdhury and Others, 1990, 19 CLC (HCD)
....ff) encroached upon the gopat and in that case a pleader Commissioner was appointed to ascertain whether there was any encroachment on the gopat; that the plaintiff admitted the gopat and remained in possession of the land lying to the west of the same; that thereafter he reclaimed the entire disput...... 28.8.67 passed by the learned Munsif, Sunamgonj, Sylhet in Title Suit No. 43 of 1966. 2. The present respondent as plaintiff instituted the above suit for declaration of his title in the disputed land described in the second schedule of the plaint. Plaintiff’s case is, inter alia, that the lan..............................Appellant Vs. Dewan Obaidur Reza Chowdhury and Others.................Respondents. Judgment November 29, 1990. Cases Referred to- Md. Ibrahim Vs. Md. Alauddin, 27 DLR 413; Abdul Mannan and others Vs. Halima Khatun and others, 27 DLR 465; Gappulal Vs. Thaku......ding to the effect that the suit was 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..Category: Property Law | Date: | Hits: 101
Sadharan Bima Corporation Vs. Bangladesh Shipping Corporation & 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.......ows: "The section is attracted only when damage is done to the goods, due to negligence, misconduct or breach of contract or breach of duty in relation to the goods. In a series of decisions in England it has been settled now that it gives the Courts Jurisdiction only when there is damage done to......eported in: 43 DLR (1991) 548.......ch of duty, independently of the contract which resulted in damage to the goods to be carried by the ship." 7. In the other case reported in 34 DLR 356 the learned Company Judge had considered the question of maintainability of admiralty suit before this Court after discussing in details the hist..Category: Admiralty Law or Maritime Law | Date: | Hits: 195
Hosne Ara Begum Vs. Alhaj Md. Rezaul Karim and others, 1990, 19 CLC (HCD)
....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. ......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. ......subordinate to the High Court Division. Ed. This Case is also Reported in: 43 DLR (1991) 543. ......eal Nos. 42 and 43 of 1989 against the same and by the impugned analogous judgment both the appeals were allowed and both the suits were remanded to the trial Court for hearing afresh. 6. The only question raised in these two rules is whether the Court of appeal below was justified in setting asi..Category: Family Law | Date: | Hits: 210
Rabindra Narayan Gope Vs. Nani Gopal Gope and other, 1990, 19 CLC (HCD)
.... proceed with an Execution Case which was disposed of by the Executing Court by the order under appeal on the ground that the decree was fully satisfied as one of the decree‑holders got delivery of possession of the disputed building on the reasoning that no appeal lies from such order of the Exec......ceed with the Execution Case No. 14 of 1981 according to law. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 540. ......be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 540. ...... Rule arising out of an order of the appellate Court made on March 17,1986 in Miscellaneous 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 com..Category: Procedural Law | Date: | Hits: 81
....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.
......d 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.
...... Sattar Match Works at Shyampur and since 1962 the Sattar Match Works at Lama, Chittagong Hill Tracts, had been using continuously and without any break the trade mark "Cock" on t4eir match boxes. No question arose till 1986.
19. When this Trade Marks Act was enacted in 1940, the legislators in t..
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.......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.......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.......he vouchers of purchase of the said goods submitted before him and found no prima facie case against the accused opposite party who was found to be a bonafide cloth merchant and owner of the goods in question and submitted final report on 10.10.88 under section 173 of the Code of Criminal Procedure...Category: Criminal Law | Date: | Hits: 72
Nannu (Md.) Miah Vs. Mosammat Peer Banu Bibi & another, 1990, 19 CLC (HCD)
....s passed on 30.11.78 on receipt of the Advocate Commissioner’s report which formed part of the decree. The defendant filed Title Execution case No. 36 of 1976 and obtained through Court delivery of possession of his 8 annas share in the properties on 22.6.90. On the other hand, the plaintiff prefe......65 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 preliminary for......charged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 526.......ue cannot be identical because the material issue in the earlier suit was on the extent of the share of the plaintiff in the suit property, whereas in the later suit the material issue relates to the question of fraud alleged to have been committed after the preliminary decree had been passed. In th..Category: Procedural Law | Date: | Hits: 86
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