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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. ....... The petitioner company has filed a Supplementary Affidavit with which it has annexed Annexures 'E' and ‘F’. The petitioner also submitted an affidavit in reply with an Annexure 'A'. 5. In view of the above facts Mr. Abdur Rashid Khan, the learned Advocate appearing for 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....... for agreement for maintenance was made before this suit, the maintenance should have been made payable only from the date of the decree." Respectfully agreeing with the above decision I am of the view that the wife is not entitled to past maintenance and maintenance can only be allowed to her fr..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.......onsidered in the said Civil Revision but the rule was made absolute against an order passed by the District Judge on an appeal made to it under section 17(1) of the Family Courts Ordinance. 14. In view of the foregoing, I am of the opinion that since the word order has not been defined in the Ord..Category: Family Law | Date: | Hits: 230
....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.
......by condition No. 18 and it was only when an amount was disputed that the question of arbitration arose, that as the liability to pay was repudiated the question of arbitration did not arise at all in view of condition No. 13 of the said policies that the alleged occurrence which took place on the ni..
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....... prayed for recovery of khas possession. In the case reported in 28 DLR 130 it has been held that where an amendment of the plaint in a suit does not alter the averment of the plaint but is sought in view of the subsequent happenings after the filing of the suit, such prayer for amendment can he all..
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.......y the complainant himself deposes on oath and cognizance is taken thereafter, such cognizance is not affected by mere omission to examine him as the complainant under section 200 of the Code. In this view of the matter, the procedure adopted by the learned Magistrate in taking cognizance in this eas..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.......796, in support of his contention. 8. The law as to what is and what is not partial pre‑emption has been dealt with exhaustively from time to time in various decisions of this Court. The uniform view is that the right to pre‑emption accrues holding‑wise. The petitioner cannot pick and choos..Category: Property Law | Date: | Hits: 78
State Vs.Joynal Abedin and another, 1990, 19 CLC (HCD)
....are of the opinion that no case for contempt is made out against any of the contemners in this case. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 261. ......clearly against the opposite parties and not against the learned Munsif. Mr. M Shamsul Alam, the learned DAG, submits that the other statements made in the above application do not come within the purview of contempt laws. It may be pointed out that "wild, false and baseless" allegations made in the..Category: Criminal Law | Date: | Hits: 64
....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.
......ntiff purchased all assets of Ferdous Tannery situated anywhere in Bangladesh. But we find that the aforesaid properties do not find any place in the schedule I of the aforesaid agreement, Ext. C. In view of sections 91 and 94 of the Evidence Act, we find that the plaintiff is not entitled to go bey..
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. ......annot be considered as fatal defects especially when we are satisfied that the confession has been made duly though it was not recorded duly. For want of the prescribed form we are, therefore, of the view that the confessional statement is a voluntary one. In the confessional statement the condemned..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. ......l 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 filing the said appeal is maintainable in view of section 29(2) of the Limitation Act. This point has been elaborately discussed and decided b..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.......d 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 section 379 of the Penal Code. 8...Category: Criminal Law | Date: | Hits: 66
Marida Begum and others Vs. Moulavi Md. Hasan and others, 1989, 18 CLC (HCD)
..... The plaints of Title Suit Nos. 86 of 1973 and 94 of 1973 be rejected. The Rules are accordingly made absolute. I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 242.......r 7 rule (a) (d) of the Code of Civil Procedure. 5. So far as bar of res judicata is concerned the learned Advocate for the petitioners has candidly conceded that res judicata cannot be pleaded in view of the decision in the case of Dwarkanath Mandal and another Vs. Sri Govinda Chowdhury, AIR 192..Category: Civil Law | Date: | Hits: 79
Bangladesh Road Transport Corporation Vs. M/s. Ashraf Jute Mills Ltd., 1990, 19 CLC (HCD)
....roperties both movable and immovable of the above company to this Court within two months from the date of receipt of a copy of this order. Ed. This Case is also Reported in: 43 DLR (1991) 240. ...... appearing before this Court the respondent company did not pay the aforesaid dues. Their affidavit‑in‑opposition had been cancelled and their lawyer is not contesting the present application. In view of the facts stated above I am of the view that the respondent company was unable to pay its de..Category: Company Law | Date: | Hits: 165
Serajul Islam Vs. The Director General of Food, 1990, 19 CLC (HCD)
....In the result, on the grounds stated above the application of the petitioner is summarily rejected. The prayer for certificate is refused. Ed. This Case is also Reported in: 43 DLR (1991) 237.......titioner alleged malice in law and not any personal grudge against the petitioner. We find that the extra‑ordinary remedy under Article 102 of the Constitution is not available to the petitioner in view of the provision of Article 102(5) read with Article 117 of the Constitution. Relying on the de..Category: Administrative Law | Date: | Hits: 175
Sheikh MA Jabbar Vs. AKM Obaidul Huq and others, 1990, 19 CLC (HCD)
....passed by the Metropolitan Magistrate in case No. 792A/95 is set aside. The Rule arising out of Criminal Revision No. 239/88 is discharged. Ed. This Case is also Reported in: 43 DLR (1991) 233. ...... it without jurisdiction of the Magistrate, being beyond the time specified in the section. Mr. Aminul Huq, the learned Advocate for the petitioner has also placed certain decisions in support of his view. In the case of Ashwini Kumar Das reported in 36 CWN 624 Francis, J and MC Cost, J, spelled out..Category: Criminal Law | Date: | Hits: 59
Lukus Miah Vs. State, 1991, 20 CLC (HCD)
....is set aside and the accused acquitted of the charge levelled against him. He should be set at liberty if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 230.......hamsul Alam, the learned Deputy Attorney ‑General concedes that he is unable to support the impugned judgment and Conviction of the appellant under Section 4(c) of the Cruelty to Women Ordinance in view of the above facts and circumstances of the case. He however submits that the case should be se..Category: Criminal Law | Date: | Hits: 68
Matiur Rahman Vs. Election Commission and Others, 1990, 19 CLC (HCD)
....as duly corrected the mistake brought to his nod through this Courts. Accordingly the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 229.......t and include the name of the petitioner (at serial No. 148) in the male Electoral Roll of the said area, that is, village Darikandi, Union Parishad Narayanpur, Upazila Belabo, District Narsingdi. In view of the repeal of Rule 68 of the Upazila Parishad (Election of Chairman) Rules, 1983 the Chief E..Category: Election Law | Date: | Hits: 112
Fahim Al Haque (Minor) and another Vs. Mohammad Abdul Aziz and others, 1990, 19 CLC (HCD)
....e suit as expeditiously as possible preferably within six months from the date of receipt of this order if the suit is otherwise found ready. Ed. This Case is also Reported in: 43 DLR (1991) 226.......that the plaintiffs have not been able to make out any case of encroachment of any land by the defendants. 7. Mr. Ali Asgar further submits that in a partition suit injunction should be granted in view of the fact that it' ultimately it is found that some portion of the plaintiff's land is encroa..Category: Property Law | Date: | Hits: 59
Dewan Mohammad Safare Ali & others Vs. People's Republic of Bangladesh, 1990, 19 CLC (HCD)
.... submitted that Courts below misconstrued the document in which order of mutation was passed by the Co. (Rev.), the latest rent receipts and the registered sale deed between the parties and on wholly erroneous assumption of facts the Additional. District Judge concurred with the finding of the Trial...... did not receive due consideration by the 1st Appellate Court i.e. impugned Judgment being violative of principle of law laid down under Order XLI Rule 31 C.P.C. cannot be sustained in law. 12. In view of the fact I am inclined to send back the case to the 1st Appellate Court to re‑write the ju..Category: Property Law | Date: | Hits: 60
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