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Sudhansu Kumar Barai and others Vs. Abul Hashem and others, 1990, 19 CLC (HCD)
....ing to dismiss the suit as being barred by res judicata. 2. Opposite party No.1 namely, Abul Hashem Howlader being a plaintiff brought the suit praying for declaration of title and confirmation of possession in certain immovable property. One Audhor Chandra Barai, predecessor of the pcfiti6ners, ......res judicata. According to him, opposite party No.1 as plaintiff previously brought a suit being Title Suit No. 196 of 1984 seeking declaration of title and confirmation of possession in the disputed land and the same was dismissed on contest and since the said suit and the previous one are between ......Petitioners. Tapan Kumar Chakroborty, Advocate ‑ For the Opposite Party No. 1. Civil Revision Case No. 211 of 1986. Judgment Bimalendu Bikash Roy Choudhury J. - This Rule is directed against an order dated 28.6.86 passed by Mr. Manjur Kader, Upazila Munsif, Banaripara in Title Suit No.......f the suit on that count. The application came up for hearing on 28.6.86. On that day the learned Munsif after hearing the parties and considering the materials placed before him took a view that the question of res judicata was irrelevant in the facts of the case and accordingly passed an order dir..Category: Property Law | Date: | Hits: 80
Amina Khatun & others Vs. M/s. Quickways Agency, 1990, 19 CLC (HCD)
....e first proviso to section 30 of the Act. There is no substance in this appeal. The appeal is summarily dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 325. ......e first proviso to section 30 of the Act. There is no substance in this appeal. The appeal is summarily dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 325. ......e is no substance in this appeal. The appeal is summarily dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 325. ......fied. In that view of the matter the contention of the learned Advocate is of no substance. In view of the findings of the Commissioner the learned Advocate fails to make out a case of "a substantial question of law" in the appeal. Where an order of Commissioner for Workmen's Compensation does not i..Category: Labour and Industrial Law | Date: | Hits: 98
Sadharan Bima Corporation Vs. Bangladesh Shipping Corporation and others, 1990, 19 CLC (HCD)
....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. ......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 it gives the Courts jurisdiction only when there is damage done to the ......se is also Reported in: 43 DLR (1991) 322. ...... 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 (HC) 356 the learned Company Judge had considered the question of maintainability of admiralty suit before this Court after discussing in detail the histo..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)
.... 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 of the said property, while the remaining portion was under requisition by t......lass in MA in Economics and was a member of the Civil Service of Pakistan. After independence he was absorbed in the Bangladesh Civil Service and is now undergoing PHD course in the University of Maryland in USA. The second son of the plaintiff namely Azmal Sobhan is an MBBS of the Dhaka University ......………......................Appellant Vs. Harekrishna Kundu and another............Respondents. Judgment September 1, 1988. Lawyers Involved: Abdus Sobhan, the appellant appears in person. Not represented-the Opposite Party. Appeal from Original Decree No. 5 of 1975. J......,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
Mojibur Rahman Sarker and others Vs. Shafiqul Islam and others, 1991, 20 CLC (HCD)
....amendment of the application for pre‑emption. There being no appearance from the side of the opposite party, I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 313. ......amendment of the application for pre‑emption. There being no appearance from the side of the opposite party, I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 313. ......n Talukder, Advocate ‑ For the Petitioner. Not represented-the Opposite Party. Civil Revision No. 989 of 1990. Judgment Bimalendu Bikash Roy Choudhury J. - Petitioners are pre‑emptors in an application for pre‑emption under section 96 of the State Acquisition and Tenancy Act, pendi......ground that on their own prayer, the pre‑emptors were allowed exemption from adding the said persons and so they were not entitled to make such a prayer. Being aggrieved the pre‑emptors called in question the propriety of the order in this rule. 2. Heard the learned Advocate and perused the m..Category: Procedural Law | Date: | Hits: 81
Government of Bangladesh Vs. Abdul Wahid Sheikh (dead) his heirs & others, 1990, 19 CLC (HCD)
.... the suit lands as accretions to the Government lands and denied the plaintiffs' title to the same. Hence they claimed a total quantity of 29.82 acres of land. They denied that the Government had any possession therein. 3. The suit was contested by the defendant Government by filing a written sta......ay Chakrabarty, Subordinate Judge, Second Court, Barisal in Title Suit No. 108 of 1966. 2. Respondent Nos. 1‑14 instituted the suit praying for declaration of their raiyati right to the disputed land measuring 29.82 described in the schedule to the plaint, plaintiffs' case is that plaintiff No....... .............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 Hossain Bhuiyan and others BCR 1984 (AD) 60; Afar Ali & others Vs. Salek Ali & others, BCR 1985 (......s sub‑section (3) of section 87 of the Act which provide for abatement of all such appeals and suits. In that view of the matter the appeal is clearly liable to abate thereunder. 14. A pertinent question now comes up whether the suit shall also abate along with the appeal. It is well settled th..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. ......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. ...... 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. ......w months and from the date of registration only after a few days less than a year the petitioner came before this Court and filed the present application. Mr. Asrarul Hossain submits that it is not a question of longer period or a shorter period, but it is a question as to whether the respondent No...Category: Intellectual Property Law | Date: | Hits: 219
Rustom Ali Vs. Jamila Khatun, 1990, 19 CLC (HCD)
....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....... Ed. This Case is also Reported in: 43 DLR (1991) 301.......wed to her from the date of institution of the suit before the Family Court till three months after the decree for dissolution of the marriage i.e. during the period of her iddat. 9. So far as the question of past maintenance for the child is concerned, there is no specific provision in the subst..Category: Family Law | Date: | Hits: 253
Captain Shamsul Alam Chowdhury Vs. Shirin Alam Chowdhury, 1991, 20 CLC (HCD)
....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.......ned Bangladesh Shipping Corporation and served in that post till April, 1977. Thereafter the petitioner left Bangladesh to join Shipping Companies abroad and in April, 1981 he joined the Bangladesh Inland Water Transport Corporation and became its Chairman in 1984 and retired there from in May, 1988......dance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 297....... provisions of Order 41 rule 19 were not applicable. Against the said order a Civil Revision was filed before the Division Bench of this Court in which the rule was made absolute. 13. Although the question whether there would be an appeal from an order passed by the Family Court would lie before ..Category: Family Law | Date: | Hits: 230
Abdul Hakim and others Vs. The State, 1990, 19 CLC (HCD)
....dingly discharged. The stay granted earlier is hereby vacated. The proceeding is to continue. Inform the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 291, 43 DLR (1991) 389. ......dingly discharged. The stay granted earlier is hereby vacated. The proceeding is to continue. Inform the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 291, 43 DLR (1991) 389. ...... is hereby vacated. The proceeding is to continue. Inform the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 291, 43 DLR (1991) 389. ......in to the person making it that he is not bound to make a confession and that if he would make so it may be used as evidence against him and no Magistrate shall record any such confession unless upon questioning the person making it he has reasons to believe that it was made voluntarily and after he..Category: Criminal Law | Date: | Hits: 74
....lt this appeal is allowed and the suit is dismissed. In view of the facts and circumstances of the case there will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 286.
......lt this appeal is allowed and the suit is dismissed. In view of the facts and circumstances of the case there will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 286.
......ere will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 286.
...... 20 of the Arbitration Act was not maintainable inasmuch as the arbitration sought for was wholly outside the scope of the said insurance policies, that the scope of arbitration under the policies in question was limited and circumscribed by condition No. 18 and it was only when an amount was disput..
Category: Alternative Dispute Resolution | Date: | Hits: 170
.... Misc. Case No. 34.75 before the ADC (Rev.) Dhaka praying for mutation of their name in place of Shahidur Rahman which was ultimately rejected. The plaintiff opposite parties have no right title, and possession in the suit property and their kabalas were created with ulterior motive.
4. It is als......ation of title in the suit properties wherein the defendant petitioner was added subsequently. The further case of the petitioner is that the plaintiff instituted the suit alleging that 4.48 acres of land of plot No. 148 of Touzi No. 8173 of mouza Salia under Police Station Savar, District Dhaka ori......d earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 43 DLR (1991) 282.......urna Chandra Karmaker and others) submits that amendment of' the plaint can be, allowed when it does not after the averment of the plaint. According to the learned Advocate, the amendment which is in question now has not altered the averment of the plaint which remained as it was and only for gettin..
Category: Property Law | Date: | Hits: 146
Abdur Rashid Vs. State, 1990, 19 CLC (HCD)
....fusing to refer the case under section 438 Cr.P.C. by the impugned order. We find no merit in the case. The Rule is, accordingly, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 279.......fusing to refer the case under section 438 Cr.P.C. by the impugned order. We find no merit in the case. The Rule is, accordingly, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 279.......P.C. by the impugned order. We find no merit in the case. The Rule is, accordingly, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 279........" In the second case in paragraph 5 their Lordships of the Appellate Division observed as under: "Another wrong impression, though quite innocuous requires to be dispelled before the principal question is gone into. The police, after investigating the case which was registered on the First In..Category: Criminal Law | Date: | Hits: 66
Birendra Nath Chakraborty Vs. Subal Chandra Biswas and others, 1981, 10 CLC (HCD)
.... PW 2 corroborated him. PW 2 Mukhles Shariff, however, claims that he came to know of the sale from one Mobarek Kazi who has not been examined. PWs admit that the pre‑emptee opposite parties are in possession but the petitioner has not adduced any evidence as to how and when they came to possess t...... present Rule. 3. Only one issue was framed by the learned Munsif, namely, whether the Misc. Case was barred by limitation. The pre‑empted kabala, by which the opposite party No. 4 sold the case land to opposite party Nos. 1‑3, admittedly strangers, is dated 4‑10‑73. Pre‑emptor petition......rendra Nath Chakraborty..........................Petitioner Vs. Subal Chandra Biswas and others................Opposite Parties. Judgment March 13, 1981. Cases Referred to- Salimuddin Mondal Vs. Mohitosh Biswas, 14 DLR 796; Diam‑Hossain Vs. Haran Das, 13 DLR 283; Asimannessa Vs.......alish. The learned District Judge observed that the Trial Court did not properly assess the evidence of OPWs 2‑6. 14. Mr. Halder's Objection to the treatment of the learned District Judge on the question of limitation is that (1) he had failed to discuss the evidence of 4 PWs, including the Pet..Category: Property Law | Date: | Hits: 78
Dilip @ Siddiqur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....r causing hurt to Shahid. 5. All the 10 accused pleaded not guilty and denied the entire manner of the occurrence. 6. The defence suggested that the informant Abdul Latif tried to take forcible possession of the disputed plot on the plea of purchase and that upon dispute between the parties ov...... is as follows: On 20.11.86 the informant along with 6 or 7 others including his brother Abdul Matin, cousin Shahid and sister's husband Shamsuddin went to reap the ripe paddies from his purchased land of plot No. 1050. It was about 7‑00 AM when they had reaped some paddies, the 9 accused perso......e on bail are directed to surrender to their bail bond to serve out their remaining sentence. Ed. This Case is also Reported in: 43 DLR (1991) 269. ...... land on behalf of accused Sattar and the said suit has not been disposed of yet and thus from the defence side neither any claim of right nor any claim of possession was suggested throughout. So the question of claiming right of private defence could not arise at all. 16. Regarding the plea of e..Category: Criminal Law | Date: | Hits: 61
....er notice issued on 13.11.77 desired to sell this industrial unit "M/s. Ferdous Tannery" along with other properties. The Tender of the plaintiff being highest was accepted by the government and part possession of the Ferdous Tannery has been delivered to the plaintiff. The government failed to make......formance of contract is dismissed.
There will, however, be no order as to costs. Let the lower Court's records be sent down immediately.
Ed.
This Case is also Reported in: 43 DLR (1991) 256.
...... ‑ For the Respondent No. 1.
Salehuzzaman, Deputy Attorney General ‑ For the Respondent No. 2.
First Appeal No. 17 of 1984.
Judgment
Md. Mozammel Hoque J. - This appeal is directed against the judgment and decree dated 27.5.84 passed by the Subordinate Judge, 4th Court, Dhaka in Titl......ement. It is their case that the claim of the plaintiff that the suit properties belong to the Ferdous Tannery is irrelevant, rather the properties which were actually intended to be sold is the main question to be decided by the Court on the basis of the agreement for sale already executed between ..
Category: Property Law | Date: | Hits: 73
Mosharraf Hossain Mia Vs. Mosammat Hasina Begum and others, 1990, 19 CLC (HCD)
....mpugned order of the learned Subordinate Judge is set aside. The learned Subordinate Judge should dispose of the suit as early as possible. Ed. This Case is also Reported in: 43 DLR (1991) 254. ......5.84 are illegal, void and not binding upon the Wakf Estate, etc. The plaintiffs also filed an application for injunction to restrain the defendants from changing the nature and character of the suit land during the pendency of the suit and the learned Subordinate Judge by order dated 9.2.85 ordered......d. This Case is also Reported in: 43 DLR (1991) 254. ......mpugned order of the learned Subordinate Judge is set aside. The learned Subordinate Judge should dispose of the suit as early as possible. Ed. This Case is also Reported in: 43 DLR (1991) 254. ..Category: Property Law | Date: | Hits: 85
Shamsul Haque (Md.) Vs. The State, 1990, 19 CLC (HCD)
....is, therefore, summarily rejected and consequently the petition of appeal in connection therewith is also rejected as barred by limitation. Ed. This Case is also Reported in: 43 DLR (1991) 247. ......is, therefore, summarily rejected and consequently the petition of appeal in connection therewith is also rejected as barred by limitation. Ed. This Case is also Reported in: 43 DLR (1991) 247. ......ntly the petition of appeal in connection therewith is also rejected as barred by limitation. Ed. This Case is also Reported in: 43 DLR (1991) 247. ...... the appeal in this Court. Hence, this application for condonation of delay. 4. Admittedly there is a delay of 38 days in filing the Criminal Appeal under section 30 of the Special Powers Act. Now question is whether an application under section 5 of the Limitation Act for condonation of delay in..Category: Criminal Law | Date: | Hits: 70
Idris and others Vs. The State, 1990, 19 CLC (HCD)
....ers were guilty of the offence punishable under section 379 of the Penal Code by his order dated 29.3.89. 7. Mr. Jalil argues that from the evidence of PW 2 it appears that the petitioners were in possession of the hut and as they removed the hut there is no offence under section 379 of the Penal......section 379 of the Penal Code and the order of conviction and sentence is liable to be set aside. Mr. Jalil further submits that PW 1, the complainant stated the petitioners were in possession of the land for 1 ½ years and in that view of the evidence the petitioners committed no offence under sect...... 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.......he 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 protest of the complainant took away the hut in question from the possession of the jimmader and thereby committed an offence punishable under secti..Category: Criminal Law | Date: | Hits: 66
Marida Begum and others Vs. Moulavi Md. Hasan and others, 1989, 18 CLC (HCD)
....of the properties belonging to the petitioners predecessors and the plaintiffs and others auction purchased the same. The sale was confirmed on 3.6.1961. The auction purchasers claimed that they took possession on 8.8.1961. The petitioners and their mother alleged that they came to know of the sale ......the High Court and Supreme Court decisions were not bound by them. 2. The plaintiffs further prayed for permanent injunction restraining the defendant‑petitioners from dispossessing him from the lands described in the schedule to the plaint measuring 14.23 acres of land. 3. The facts leading......................Petitioner Vs. Moulavi Md. Hasan and others.................Opposite Parties. Judgment August 9, 1989. Cases Referred to- Dwarkanath Mandal and another Vs. Sri Gobinda Chowdhury, AIR 1929 Cal 130; Wolverhampton New Water Works Company Vs. Hawkesford, 37 LJ 248; S......icata and law generally. 4. The learned Munsif rejected the petition on a finding that the suits were not barred by res judicata. Being aggrieved the defendants have obtained these Rules. The main question which these two Rules have posed before this Court is, whether the suits on the face of the..Category: Civil Law | Date: | Hits: 79
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