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M. Akbar Ali Vs. Government of Bangladesh, 2011, 40 CLC (AD)
...., 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. ......, 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)
....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: ...... under section 4 of the Ordinance, it shall direct the Deputy Commissioner concerned to issue a public notice inviting suggestions and objections to be filed to him within seven days from the date of service of the notice in relation to the proposed declaration or, as the case may be, alteration. ..Category: Election Law | Date: | Hits: 152
Amir Hussain Sowdager Vs. Mohammad Harunur Rashid, 2011, 40 CLC (AD)
....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. ......dence, but the High Court Division shifted the burden of proof on the defendant and as such the judgment and decree is liable to be set aside. 8. Mr. Nurul Islam Chowdhury, learned advocate-on-record appeared on behalf of the respondent No.1 and made submission in support of the judgment an......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
Government of Bangladesh and another Vs. Lutfun Nessa and others, 2010, 39 CLC (AD)
....n the submissions of the learned Counsel for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 141, VIII ADC (2011) 189. ......f the plaintiff was maintainable: that Ext-Ga and Ga(1), the disputed deeds proved that the original defendant No.1 purchased the suit property with full knowledge that Krishna Mohan Mondal was the recorded owner of the suit property and inspite of that he purchased the lands from Adhor Chand an......n the submissions of the learned Counsel for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 141, VIII ADC (2011) 189. ..Category: Property Law | Date: | Hits: 93
Bangladesh Vs. Md. Abdul Alim and others, 2010, 39 CLC (AD)
.... 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.......th April, 2010 allowed the appeals, declared the Notification dated 3rd September, 2007 terminating respondents as illegal and directed the Election Commission to reinstate them to their respective service by giving them suitable assignment forthwith. 4. Mr. Mahbubey Alam, learned Attorney Ge..Category: Administrative Law | Date: | Hits: 188
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. ......Mia was a casual labour or the daily wages basis and the accident did not take place in the business area of the opposite party. 4. The Commissioner after considering the evidence and materials on record came to a definite finding that there was no relationship of employee and employer between th......bourer of Chittagong Jetty No. 6 there was sufficient compliance and the Commissioner wrongly held that there being violation of this mandatory provision a claim cannot be allowed. Section 11 enjoins service of notice upon the employer and not upon any other person and worker sustaining the injury c..Category: Labour and Industrial Law | Date: | Hits: 98
Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)
....d the same to the Governor. These statements made in that petition are all true and were not made out of any malice nor with any motive to defame the plaintiff. As a matter of fact these were made in good faith for bringing the facts to the notice of the authorities for the sole purpose of their saf......he has not sustained any damage whatsoever by that petition. So he is not entitled to any compensation as claimed in the suit. 8. The learned Subordinate Judge on consideration of the materials on record both oral and documentary dismissed the suit. Being aggrieved by that the plaintiff preferred......,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. ......ey 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 materials on record. 3. In the application for amendment the pre‑emptors appear to have averred that on the ......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. ..Category: Procedural Law | Date: | Hits: 81
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. ...... of the plaintiffs 2‑14 namely. Jabbar Ali Sheikh, Gagan Ali Sheikh, Hamid Ali Sheikh, Wahed Ali, Abdul Aziz Sheikh, Fajar Ali Sheikh, Sadaruddin Sheikh, Sirjan Ali Sheikh and Meser Ali Sheikh were recorded owners of the lands recorded in LIZ Khatian Nos. 370, 371 and 345 of Mouza Kapalbhera, PS G......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)
....ent No. 1. Section 37(1)(a) of the Trade Marks Act runs as follows: "37. (1) Subject to the provisions of section 38, a registered trade mark may be taken off the register in respect of any of the goods in respect of which it is registered on application in the Prescribed manner by any, person ag......ourt that he has taken any effective steps or action from which it can be presumed that the respondent No. 1 has got the bona fide intention to use such a trade mark with toilet soap. I find from the records that the respondent No. 1 has only stated in the counter affidavit that he has got the bona ......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
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. ...... ‑ For the Petitioner. Not represented-the Opposite Party. Criminal Revision No. 243 of 1986. Judgment Anwarul Hoque Choudhury J. - This Rule is directed against an order admitting into record, in a pending trial, certain statements, recorded as confessional statement of the accused pe......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. ..Category: Criminal Law | Date: | Hits: 74
.... Arbitrator on the allegations, inter alia, that the plaintiff is a limited company incorporated under the Companies Act 1913, which carries on business of manufacturing and selling of cotton textile goods, that the plaintiff company along with other cotton and textile industries of the country was ......e matter regarding the claim of the plaintiff be referred to the Arbitrator for arbitration. Although an issue was framed as to whether the suit was barred by limitation the learned Subordinate Judge recorded no finding on that issue.
5. Mr. AR Yusuf, the learned Advocate appearing on behalf of t......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.
..
Category: Alternative Dispute Resolution | Date: | Hits: 170
....tion. The rule is accordingly discharged without any order as to costs.
The order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 43 DLR (1991) 282....... of Salami granted receipt on 6‑3‑58. Said Abdur Rashid Bepari possessed and enjoyed the said land and paid rent to the Nowab Estate up to 1361 BS and during the settlement operation the land was recorded in the name of said Abdur Rashid Bepari at PRR stage. But it was omitted in the copy prepar......tion. The rule is accordingly discharged without any order as to costs.
The order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 43 DLR (1991) 282...
Category: Property Law | Date: | Hits: 146
Abdur Rashid Vs. State, 1990, 19 CLC (HCD)
....rson other than a police‑officer, or upon his own knowledge or suspicion, that such offence has been committed. 10. In the present case the learned Magistrate made an elaborate discussion giving good reason, for sending the case for judicial enquiry by the impugned order dated 14‑11‑87. We ...... referred to and relied on decision reported in 37 DLR 336 where it was observed as under: "Enquiry u/s 202 without the examination of the complainant u/s 200‑held illegal. Where materials on record are such that non‑examination of complaint u/s. 200 will prejudice the accused, it becomes ......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...Category: Criminal Law | Date: | Hits: 66
Birendra Nath Chakraborty Vs. Subal Chandra Biswas and others, 1981, 10 CLC (HCD)
....istrict Judge is directed to dispose of the Misc. Appeal within one month of the arrival of the records after intimation arrival of the same. Ed. This Case is also Reported in: 43 DLR (1991) 276.......o. 4. He claims that he came to know of the sale on 27‑9‑74 corresponding to 10th Bhadra, 1381 BS. He filed the Misc. Case on 17‑12‑74. The learned Munsif held on the basis of the evidence on record that the pre‑emptor petitioner has been able to prove that he did not know of the sale befo......istrict Judge is directed to dispose of the Misc. Appeal within one month of the arrival of the records after intimation arrival of the same. Ed. This Case is also Reported in: 43 DLR (1991) 276...Category: Property Law | Date: | Hits: 78
Dilip @ Siddiqur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....eaded that the accused were entitled to avail exceptions 2 and 4 of section 300 of the Penal Code. 34. According to exception 2, culpable homicide is not murder if the offender, in the exercise in good faith of the right of private defence of person or property, exceeds the powers given to him by......ce to the post mortem, report the learned State counsel submitted that a clear case under section 302 of the Penal Code was well established by the postmortem report as also by the entire evidence on record. 20. Upon the aforesaid contentions and counter contentions of the learned counsels we hav......ants are affirmed. The appellants 3‑9 who are 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. ..Category: Criminal Law | Date: | Hits: 61
....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.
......defendant also examined 2 witnesses in support of their respective case. Both the parties adduced some documents and papers which have been duly marked as exhibits. After considering the materials on record and hearing the parties, the learned Subordinate Judge decreed the suit on 27.5.84. Being agg......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.
..
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. ......ocate engaged by the State on its behalf. 10. The learned Deputy Attorney ‑General has taken us through the judgment pronounced by the learned Sessions Judge together with the entire evidence on record. It is urged by him that the evidence on record is sufficient to sustain the conviction of th......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. ..Category: Criminal Law | Date: | Hits: 81
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. ......cation even under section 5 of the Limitation Act for condonation of the delay and obviously the appeal was barred by limitation. Their Lordships on perusal of the Judgment of the Trial Court and the record of the case were satisfied that there was serious miscarriage of justice in the trial. 7. ......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. ..Category: Criminal Law | Date: | Hits: 70
Idris and others Vs. The State, 1990, 19 CLC (HCD)
....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.......used persons pleaded not guilty and wanted to examine two witnesses on their behalf but ultimately they failed to examine any witness. 5. The learned Magistrate on consideration of the evidence on record found accused petitioner guilty of the charge under section 379 of the Penal Code and convict......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
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