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Moyezuddin Mondal Vs. Bena Rani Das & others, 1992, 21 CLC (HCD)

....e Parties Judgment January 14, 1992. Cases Referred To- MA Jahangir and others Vs. Abdul Hakk and others, 41 DLR page 389; Kanda and others Vs. Waghu, 3 DLR (PC) 310; Fazal Elahi @ Sk. Fazat Elahi Vs. Shah Alam, 25 DLR 62. Lawyers Involved: ABM Nurul Islam with Md. Nawasher Al Moll......ndant No.1 started to reside in the disputed holding and the said two tenants in the holding used to pay their house rents to him; that the plaintiff‑petitioner requested the defendant No.1 several times and lastly on 26.6.88 to execute and register the necessary sale‑deed but that having been r......petitioner filed some of his documents to be relied upon in support of his claim which were in his possession, but he could not file some other documents as they were temporarily missing but on their recovery some time after he filed the same by a firisti with an application explaining the delay and......d order stands valid and effective being not challenged. Let a copy of the judgment be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 154. ..

Category: Procedural Law | Date: | Hits: 76

Mansur Ali (Md.) Vs. Janata Bank and others, 1990, 19 CLC (HCD)

....R (1991) 394. ......e into force but order of dismissal from service of the Bank was made on 11.3.86 which is admittedly after the amendment and thus the order of dismissal has given rise to fresh cause of action at the time when Administrative Tribunal has already been set up as the appropriate and proper forum for de...... of the learned Munsif does not call for interference at this stage. In the result, the rule is discharged without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 394. ...... of the learned Munsif does not call for interference at this stage. In the result, the rule is discharged without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 394. ..

Category: Administrative Law | Date: | Hits: 189

Naogaon Chitrabani Ltd. Vs. Naogaon Cinema Hall Sramajibi Union and another, 1990, 19 CLC (HCD)

....aogaon Cinema Hall Sramajibi Union and another.....................Respondents. Judgment June 26, 1990. Lawyers Involved: Khalilur Rahman with Sk. Abul Hossain and Syeda Afsar Islam, Advocate ‑ For the Petitioners. ML Bhowmik with SN Goswami, Advocates For the Respondent No. 1. W......ndent No. 1 sent another letter dated 26.8.87 (Annexure‑AI) to the Managing Director, petitioner No. 1 with a request to fulfill the demands made therein. The petitioners came to know for the first time on receipt of the said letter dated 19.7.87 that the respondent No. 1 formed such a trade union......ake step in this behalf. We, however, make no order as to cost. Let the records of the Registrar, respondent No. 2 be sent back at once. Ed. This Case is also Reported in: 43 DLR (1991) 392. ......ake step in this behalf. We, however, make no order as to cost. Let the records of the Registrar, respondent No. 2 be sent back at once. Ed. This Case is also Reported in: 43 DLR (1991) 392. ..

Category: Labour and Industrial Law | Date: | Hits: 115

Khokan Vs. State, 1990, 19 CLC (HCD)

....accused appellants or any of them do not surrender to the trial Court as directed. Ed. This Case is also Reported in: 43 DLR (1991) 387. ......nafter contained. (2) All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the, same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or other......ary and the trial of the case should proceed even if the accused appellants or any of them do not surrender to the trial Court as directed. Ed. This Case is also Reported in: 43 DLR (1991) 387. ......ary and the trial of the case should proceed even if the accused appellants or any of them do not surrender to the trial Court as directed. Ed. This Case is also Reported in: 43 DLR (1991) 387. ..

Category: Criminal Law | Date: | Hits: 67

M Mahmood Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and another, 1991, 20 CLC (HCD)

....nt of West Pakistan (19 DLR (SC) 403), Mir Abdul Baqi Baluch Vs. Government of Pakistan (20 DLR (SC) 294), Government of West Pakistan Vs. Begum Agha Abdul Karim Shorish‑Kashmiri (21 DLR 1); Abdul Latif Mirza Vs. Government of Bangladesh and others (31 DLR (AD) 1); Mrs. Sajeda Parvin Vs. Governmen...... be brought before this Court so that it may certify itself that he is not being held in Custody without lawful authority or in an unlawful manner. 2. This Rule was issued on 2.1.91 and in the meantime the detenu was shifted to the Dhaka Central Jail on 29.1.91 from his 159, Gulshan Avenue resi......, PS Gulshan, Dhaka now detained in Dhaka Central Jail be at once released from custody if not wanted in connection with any‑other case. Ed. This Case is also Reported in: 43 DLR (1991) 372. ......lic safety or public order. In this connection reference may be made to the case of Liversidge reported in 1942 AC 206 in which Lord Atkin laid down the famous dicta as under: "Amidst the clash of arms, the laws are not silent; they may be changed, but they speak the same language in war as in pe..

Category: Constitutional Law | Date: | Hits: 178

Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)

.... that view of the matter cross‑objection filed by the respondent No. 1 is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 360. ....... Had the plaintiff paid the entire consideration money in terms of the contract defendant No. 1 could have invested the amount in business or bank and it would have been more than doubled in the meantime. But the plaintiff without performing his part of the contract rushed to the Court only with th......the defendants over the title of the suit property. In that view of the matter cross‑objection filed by the respondent No. 1 is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 360. ......the defendants over the title of the suit property. In that view of the matter cross‑objection filed by the respondent No. 1 is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 360. ..

Category: Civil Law | Date: | Hits: 92

Anika Ali Vs. Rezwanul Ahsan, 2011, 40 CLC (AD)

....missed with the above observations without, however, any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 77, 17 MLR (AD) (2012) 49. ......reafter, the relationship between the petitioner and the respondent deteriorated. The petitioner claims that she was physically and mentally tortured by the respondent, who was a drug addict from the time of his studies in America and he had been arrested on several occasions due to his drug addicti......on. This petition is dismissed with the above observations without, however, any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 77, 17 MLR (AD) (2012) 49. ......on. This petition is dismissed with the above observations without, however, any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 77, 17 MLR (AD) (2012) 49. ..

Category: Family Law | Date: | Hits: 327

M. Akbar Ali Vs. Government of Bangladesh, 2011, 40 CLC (AD)

....t the order of status quo was rightly vacated. Hence, we do not find any merit in this petition, which is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 433. ......aging Committee of Non-Government Educational Institutions Regulation, 2009 nominating the petitioner as President to respondent No.3 for approval, but such approval is yet to be received. In the meantime the concerned local Member of Parliament, respondent No.8 submitted a proposal for an Ad-hoc Co......, we are of the view that the order of status quo was rightly vacated. Hence, we do not find any merit in this petition, which is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 433. ......, we are of the view that the order of status quo was rightly vacated. Hence, we do not find any merit in this petition, which is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 433. ..

Category: Others | Date: | Hits: 148

Bera Pourashava and another Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)

.....05.2005 passed by the High Court Division in respect of Writ Petition Nos.5036 of 2002 and 3007 of 2003 are hereby set aside. Ed. This Case is also Reported in: ......he ADC (General), Pabna sent his inquiry report to the DC, Pabna, who forwarded the same to the Government concurring with the view of the ADC (General), Pabna that all the 118 persons present at the time of inquiry, apart from the Chairman of Bera Paurashava, objected to inclusion of the areas of K......gment and order dated 11.05.2005 passed by the High Court Division in respect of Writ Petition Nos.5036 of 2002 and 3007 of 2003 are hereby set aside. Ed. This Case is also Reported in: ......gment and order dated 11.05.2005 passed by the High Court Division in respect of Writ Petition Nos.5036 of 2002 and 3007 of 2003 are hereby set aside. Ed. This Case is also Reported in: ..

Category: Election Law | Date: | Hits: 152

Amir Hussain Sowdager Vs. Mohammad Harunur Rashid, 2011, 40 CLC (AD)

.... is dispensed with as prayed for. Let the order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 314. ......e was ready to execute sale deed in favour of the plaintiff. That application of defendant No.1 was rejected by the Court on 03.04.2003. It was the claim on behalf of the defendant No.1 that since time was of the essence, the bainanama became inoperative and void on 02.11.2002. 5. By judgmen......reparation of paper-book is dispensed with as prayed for. Let the order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 314. ......reparation of paper-book is dispensed with as prayed for. Let the order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 314. ..

Category: Property Law | Date: | Hits: 98

Bangladesh Vs. Md. Abdul Alim and others, 2010, 39 CLC (AD)

....hin 2(two) weeks thereafter to make the appeals ready. The appeals are fixed for hearing on 22nd February, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 185.......ions are incompetent. It is fur­ther contended that there was no waiver in impleading the Government of Bangladesh in the application before the Administration Tribunal, inasmuch as, at the relevant time the Government was the authority to appoint and dismiss the respondents. Mr. Mahmudul Islam fin...... and the respondents within 2(two) weeks thereafter to make the appeals ready. The appeals are fixed for hearing on 22nd February, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 185....... and the respondents within 2(two) weeks thereafter to make the appeals ready. The appeals are fixed for hearing on 22nd February, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 185...

Category: Administrative Law | Date: | Hits: 188

Sadharan Bima Corporation Vs. Bangladesh Shipping Cor­poration and others, 1990, 19 CLC (HCD)

....roper receipt. Ed. This Case is also Reported in: 43 DLR (1991) 322. ......LR (AD) 110; Albert David (Bangladesh Ltd. Vs. M/s. Nedlloyd Lijnel BV Rotterdam, 34 DLR (HC), 356; Kings Shipping Traders Vs. M/s. AS Line and others, 38 DLR (HC), 30; Batuit Vs. Hartley, (1872) Maritime Law Cases (QB), 337; Bengal Liner Ltd. Vs. Sadharan Bima Corporation and another, 1990 BLD 105.......ependently 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. ......ependently 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. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 175

Dulal and others Vs. State, 1990, 19 CLC (HCD)

....(1991) 321. ...... them bail by order dated 23.7.90 up to 12.8.90. The petitioners preferred the present revisional application on 1.8.90 and they were 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 ......s should be released on bail on furnishing fresh bail bond to the satisfaction of the Deputy Commissioner, Mymensingh within two (2) weeks. Ed. This Case is also Reported in: 43 DLR (1991) 321. ......s should be released on bail on furnishing fresh bail bond to the satisfaction of the Deputy Commissioner, Mymensingh within two (2) weeks. Ed. This Case is also Reported in: 43 DLR (1991) 321. ..

Category: Criminal Law | Date: | Hits: 60

Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)

.... result, the appeal is allowed. Since there is no appearance we do not award any costs. Ed. This Case is also Reported in: 43 DLR (1991) 314.......te of the Supreme Court of Bangladesh. He has his own residential house at 44, Purana Paltan Road, Dhaka. He is also a senior Lecturer of the Law College, Dacca and previously he served as a part‑time lecturer of the Dacca University for about 10 years. He was elected twice as Member of the Dacc......,000.00 (Tk. five thousand) only as damages. In the result, the appeal is allowed. Since there is no appearance we do not award any costs. Ed. This Case is also Reported in: 43 DLR (1991) 314.......,000.00 (Tk. five thousand) only as damages. In the result, the appeal is allowed. Since there is no appearance we do not award any costs. Ed. This Case is also Reported in: 43 DLR (1991) 314...

Category: Civil Law | Date: | Hits: 89

Zulfiquar Ali Bhutto Vs. State, 1991, 20 CLC (HCD)

....urt High Court Division (Criminal Miscellaneous Jurisdiction) Present: Abdul Bari Sarker J Habibur Rahman Khan J Zulfiquar Ali Bhutto ....................Petitioner Vs. The State .................................Opposite Party. Judgment February 12, 1991. Cases Ref...... Bani' on 21st December, 1990 (Annexure‑A) disclosing that the petitioner was sending 5 pistols, 160 rounds of ammunition for distribution amongst certain persons of the locality for the use at the time of demonstration and taking out 'michil' etc. by the Jatiya Party as stated in the letter. The ......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.......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...

Category: Criminal Law | Date: | Hits: 61

Government of Bangladesh Vs. Abdul Wahid Sheikh (dead) his heirs & others, 1990, 19 CLC (HCD)

....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. ......nd then again reformed in situ. The river then receded further towards cast and more lands accreted to the reformed lands. The plaintiffs possess the reformed lands as well as the accreted lands. Sometime in 1963 they applied to the Additional Deputy Commissioner (Rev) for their recognition as tenan......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. ......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. ..

Category: Property Law | Date: | Hits: 77

Haque and Company Limited Vs. M/s. Western Soap Factory and others, 1990, 19 CLC (HCD)

....so Reported in: 43 DLR (1991) 304. ...... is further stated that till August, 1987 there were only two different applications for the same trade mark 'Capri' for toilet 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. ......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. ......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. ..

Category: Intellectual Property Law | Date: | Hits: 219

Rustom Ali Vs. Jamila Khatun, 1990, 19 CLC (HCD)

....accordingly and all other reliefs granted by them shall remain undisturbed. The parties shall bear their respective costs. Ed. This Case is also Reported in: 43 DLR (1991) 301.......ect from the date of marriage for herself and the date of his birth for the son. The opposite party alleged that the petitioner had married her on 33.8.72 on a dower of Tk. 500.00 They lived for some time as husband and wife and then she gave birth to a son. Two months after the birth of the son, th......all be modified accordingly and all other reliefs granted by them shall remain undisturbed. The parties shall bear their respective costs. Ed. This Case is also Reported in: 43 DLR (1991) 301.......all be modified accordingly and all other reliefs granted by them shall remain undisturbed. The parties shall bear their respective costs. Ed. This Case is also Reported in: 43 DLR (1991) 301...

Category: Family Law | Date: | Hits: 253

Captain Shamsul Alam Chowdhury Vs. Shirin Alam Chowdhury, 1991, 20 CLC (HCD)

....24, 1991. Result: The Rule is made absolute. Case Referred to- Moinuddin (Md.) Vs. Amina Khan Majlish, 42 DLR 483. Lawyers Involved: Md. Fazlul Karim with Kazi Anowar Hossain, Advocates ‑For the Petitioner. AY Masihuzzaman, Advocate ‑ For the Opposite Party. Civil Revisi......I of 1939). (b) for dower not exceeding five thousand taka. (3) An appeal under this section shall be preferred within thirty days of the passing of the judgment, decree or order excluding the time required for obtaining copies thereof: Provided that the Court of District Judge, May, for s......483 referred to by the lawyer for the petitioner, the plaintiff respondent instituted Money Suit No. 15 of 1986 before the Family Court (3rd Court of Munsif) Dhaka against the defendant appellant for recovery of Dower Money and maintenance under the provisions of the Family Courts Ordinance, 1985. O......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)

....n (Criminal Revisional jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Mohammad Ismailuddin Sarker J AHM Kamaluddin another……………….Petitioners Vs. The State....................................Opposite Party. Judgment August 21, 1989. Lawyers In......ke step for revival of the case if so desired is illegal and without jurisdiction, that if by operation of law the proceeding of the present Special Case stood stopped on 8.12.88, then the prescribed time for making application by the Government for revival of the case has already expired on 8.3.89,......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. ......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. ..

Category: Criminal Law | Date: | Hits: 63