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Abul (Md.) Kashem & others Vs. Ashrafuzzaman, 1990, 19 CLC (HCD)
....of the case within three months of the receipt of the copy of this judgment. Let a copy of this order be transmitted to the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 596. ......of the case within three months of the receipt of the copy of this judgment. Let a copy of this order be transmitted to the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 596. ...... issues including the tie regarding valuation the impugned order did not occasion any failure of justice and as such does not call for any interference by this court in the exercise of its revisional jurisdiction. In the result the Rule is discharged without any order as to costs. The order of st..Category: Civil Law | Date: | Hits: 94
Afsar Ali Chowdhury and others Vs. The People's Republic of Bangladesh, 1990, 19 CLC (HCD)
.... with approval. We find no substance in this application which is thus, rejected summarily. The stay granted earlier is here by vacated. Ed. This Case is also Reported in: 43 DLR (1991) 593. ...... with approval. We find no substance in this application which is thus, rejected summarily. The stay granted earlier is here by vacated. Ed. This Case is also Reported in: 43 DLR (1991) 593. ...... and Supply Society Ltd. reported in 12 DLR (Dacca) at page 219 a Division Bench of this Court took a similar view as narrated herein before and in that case under report some decisions of the Indian jurisdiction had been quoted with approval. We find no substance in this application which is thu..Category: Civil Law | Date: | Hits: 87
Afsar (Md.) Vs. Moulvibazar Pourashava and others, 1990, 19 CLC (HCD)
....this order with proper notice to both the sides. Let the records of the case along with a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 589. ......this order with proper notice to both the sides. Let the records of the case along with a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 589. ......this order with proper notice to both the sides. Let the records of the case along with a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 589. ..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. ......ved his right to agitate this point again before the Election Tribunal. The Court also erred in not considering that the point agitated in the election petition before the Tribunal is also beyond the jurisdiction of the Election Tribunal. In elaborating this point Mr. Azizul Huq submitted that an el..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. ......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. ......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. ..Category: Criminal Law | Date: | Hits: 82
Abdul Quader Chowdhury Vs. Sayedul Hoque & others, 1990, 19 CLC (HCD)
....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. ......g on the basis of inadmissible evidence, the Commissioner's report submitted in Title Suit No. 63 of 1976 which was a piece of evidence in that suit and cannot be used as evidence in this suit in the absence of the sketch map and without examining the Commissioner. He cited the decision in the case ......ular dated 13.2.1963 issued by the Government having had no force of law the cancellation of the lease by the Additional Deputy Commissioner (Rev.) on the basis of the same was absolutely without any jurisdiction and in doing so he has transgressed his limit. In this respect it may be observed that ..Category: Property Law | Date: | Hits: 72
Amir Ali & others Vs. State, 1990, 19 CLC (HCD)
....the evidence on record that the drums containing palm oil were given to one person. But the prosecution did not also disclose the name of that person. Failure to secure arrest of those persons is the total negligence in discharging his duties by the Investigating Officer (PW 10) in this case. The ow......e goods were carried by a public carrier. I cannot hold that the accused appellants had any reasonable suspicion about the same to be smuggled goods in that they were kept in closed gunny bags and in absence of any evidence to the effect that the accused suspected those to be smuggled goods the accu......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 101
Bangladesh Vs. Dewan Obaidur Reza Chowdhury and Others, 1990, 19 CLC (HCD)
.... to produce the original documents a presumption of the tenancy‑right in favour of the plaintiff in the suit‑lands for non production of the same cannot be drawn and this aspect of the matter has totally escaped the notice of both the Courts below and as a result there has been a miscarriage of ...... designed as a safeguard so that one cannot be taken by surprise by the other side at the time of trial. In the decision reported in AIR 1969 SC page 1291, it has been observed in para 7 that" In the absence of any pleading and issue on this question the High Court was in error in recording the find......sh decision in accordance with law, but as it is a very old suit of the year 1966 and when all materials are available on record, I feel that in the interest of justice this Court should exercise its jurisdiction tinder section 103 of the Code of Civil Procedure and decide the, issues involved in th..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.......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.......r the consignee of the goods imported. No damage was caused to the imported goods of the plaintiff and that since the owner of the vessel is Bangladeshi, the plaintiff being insurer cannot invoke the jurisdiction of the Admiralty Court under section 6 of the Admiralty Court Act of 1861. 5. Mr. Ma..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. ...... 14,000.00 and dismissed the suit filed by the husband opposite party No. 1 for restitution of conjugal rights and also dismissing other claims made by the wife on the ground that Family Court has no jurisdiction to allow the same. 5. The opposite party No. 1 filed Family Court Appeal Nos. 42 and..Category: Family Law | Date: | Hits: 210
Rabindra Narayan Gope Vs. Nani Gopal Gope and other, 1990, 19 CLC (HCD)
....the Executing Court correctly disposed of the execution case on the ground that the decree has been fully satisfied. The contention does not impress me as the conduct of the petitioner also betrays a total lack of his willingness to part with the respective shares of the decree‑holders opposite‑......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. ......rom such order of the Executing Court. 2. Mr. SR Karmaker contends that in view of provision of section 47 C.P.C. the appeal being incompetent the impugned order of the appellate Court was without jurisdiction and the remedy of the opposite parties lies in a properly constituted separate suit and..Category: Procedural Law | Date: | Hits: 81
Atash Ali and others Vs. Rebati Mohan Sarker and 3 others, 1990, 19 CLC (HCD)
....t; the Rule is discharged. The learned Munsif is directed to proceed with the case in accordance with the case in accordance with the law. Ed. This Case is also Reported in: 43 DLR (1991) 539. ......t; the Rule is discharged. The learned Munsif is directed to proceed with the case in accordance with the case in accordance with the law. Ed. This Case is also Reported in: 43 DLR (1991) 539. ......t; the Rule is discharged. The learned Munsif is directed to proceed with the case in accordance with the case in accordance with the law. Ed. This Case is also Reported in: 43 DLR (1991) 539. ..Category: Civil Law | Date: | Hits: 93
....ion Mr. Khandaker Mahbubuddin has referred to the deed of agreement for sale dated 13.10.78. He submits that in the preamble it is stated that whereas the seller agreed to sell to the purchaser for a total consideration of Tk. 80,000,111.00 the Industrial unit M/S Sattar Match Works located at Amin ......ing or varying the registration of a trade mark on the ground of any contravention of or failure to observe a condition entered on the register in relation thereto.
(2) Any person aggrieved by the absence or omission from the register of any entry, or by any entry made in the register without suf...... a long time of about 3 decades along with Ujala Match Factory, I am of the view that this Court, in order to do complete, adequate and substantial justice, should exercise its inherent discretionary jurisdiction in this particular case by giving direction to the Registrar Respondent No. 3 to grant ..
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.......le after hearing was made absolute and the proceeding of the aforesaid Special Tribunal Case No. 2 of 1989 was quashed mainly on the ground that the learned Sessions Judge acted illegally and without jurisdiction in converting himself as special tribunal and suo moto taking cognizance of the case un..Category: Criminal Law | Date: | Hits: 72
Nannu (Md.) Miah Vs. Mosammat Peer Banu Bibi & another, 1990, 19 CLC (HCD)
....cision under Order 7 rule 11 (d) is relatable to the statements made in the plaint and not otherwise, whereas the plea of res judicata taken otherwise as a contested issue has to be considered on the totality of the evidence and other materials on record at the final hearing of the suit. In the inst......or of law. The impugned order is not liable to be interfered with, In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 526.......or of law. The impugned order is not liable to be interfered with, In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 526...Category: Procedural Law | Date: | Hits: 86
Abul Kashem Vs. Mafiz Mia and others, 1991, 20 CLC (HCD)
....mary School Centres. The impugned order of the learned District Judge is, accordingly, modified. The parties shall bear their own costs. Ed. This Case is also Reported in: 43 DLR (1991) 523. ......idered in reversing the finding of the Election Tribunal. I thus find no substance in the submission of the learned Advocate for the petitioner. 9. The next submission of Mr. Khandaker that in the absence of any averment in the election petition that the petitioner was a defaulter in payment of a......oration of a ground to that effect. The learned District Judge allowed the prayer and accordingly took additional evidence. According to Mr. Khandaker, the learned District Judge travelled beyond his jurisdiction in accepting the said additional evidence. In reply Mr. Abdul Baset Majumder though fra..Category: Election Law | Date: | Hits: 139
Motaleb @ Mutu and others Vs. State, 1990, 19 CLC (HCD)
....ideration of materials on record. In the result, the Rule is discharged with the above observation and modification of the impugned order. Ed. This Case is also Reported in: 43 DLR (1991) 519.......ideration of materials on record. In the result, the Rule is discharged with the above observation and modification of the impugned order. Ed. This Case is also Reported in: 43 DLR (1991) 519.......on under section 173 (313) of e Code of Criminal Procedure. He further submitted that the learned Sessions Judge having been in seisin of the case as trial Court, he could not arrogate to himself the jurisdiction of a revisional Court at the same time and dispose of the petition filed before him und..Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. Unimarine SA Panama and other, 1977, 6 CLC (HCD)
.... case. In the written-objection, we have failed to find any statement of properties owned by defendant No.2. There is an evasive denial of the allegation that defendant No.2 has no property. There is total absence of a statement of nature of properties owned by defendant No. 2. The only argument wit...... In the written-objection, we have failed to find any statement of properties owned by defendant No.2. There is an evasive denial of the allegation that defendant No.2 has no property. There is total absence of a statement of nature of properties owned by defendant No. 2. The only argument with resp......ect that there was any intention on the part of the defendants to delay or to defeat the decree that there is no allegation that the defendants were trying to remove the lighterage concerned from the jurisdiction of the court concerned. The second contention of Mr. Hafizullah is that there is anothe..Category: Admiralty Law or Maritime Law | Date: | Hits: 240
State Vs. Md. Ali Kibria @ Shahzijahan and others, 1990, 19 CLC (HCD)
....d in this case did not give true version of the occurrence and that their evidence is marked by contradiction on material point and that the confessional statement on which prosecution much relied is totally inadmissible in evidence in as much as it is tainted by torture, threat, intimidation and pr......t Information Report (Ext.1) as assailant of the victim and it is stated therein that unknown person has killed victim Kaoser by revolver shot. It is further submitted by the learned Advocate that in absence of any direct evidence to prove the murder of Kaoser, prosecution relied on circumstantial e......side. The condemned prisoner Mohammad Ali Kibria alias Shahjahan is set at liberty forthwith if not wanted in connection With any other case. Ed. This Case is also Reported in: 43 DLR (1991) 512...Category: Criminal Law | Date: | Hits: 93
Adam Ali Bepari Vs. Abdur Rahman Dewan & others, 1991, 20 CLC (HCD)
....I do not find any reason to interfere with the judgment and order impugned. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 510. ......I do not find any reason to interfere with the judgment and order impugned. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 510. ......I do not find any reason to interfere with the judgment and order impugned. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 510. ..Category: Property Law | Date: | Hits: 95
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