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

....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. ...... the Code of Civil Procedure and is directed against an order being No.34 dated 16.3.89 passed by the learned Subordinate Judge, Rajbari in Title Suit No.42 of 1988 rejecting the petitioner's prayers for admitting or receiving some documents in evidence and for amendment of the plaint. 2. Facts r......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. ......992. 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 Mollah, Advocates ‑ For the Petitioner. ..

Category: Procedural Law | Date: | Hits: 76

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

.... 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. ......parties to show cause as to why the impugned judgment and order dated 28.5.87 of the Court of Munsif, Satkhira passed in Title Suit No. 173 of 1984 should not be set aside. 2. Short facts relevant for the disposal of the rule are as follows: ‑ The petitioner as plaintiff No. 2 along with 2 o...... 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. ......d Sons Lid, Vs. Damodar Corporation, AIR 1967 (SC) (Pat) 96; Tirkha Vs. Ghosi Ram, AIR 1955 (All) 842; Demur Mohan Vs. Jagdip Mohon, AIR 1936 Patna 535; AIR 1966 (Cal) 272(277); 8 PLR (Dhaka) 820. Lawyers Involved: MA Rahim, Advocate ‑ For the Petitioner. Sheikh Razzaque Ali, Advocate ‑..

Category: Administrative Law | Date: | Hits: 189

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

....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. ......o. 12, Dhaka in Special Tribunal Case No. 63 of 1989. 2. The prosecution case in short is that on 23.11.87 at about 9 AM ten accused persons along with others numbering 20/25 raided the house of informant Dilu Mia at 6‑D/7‑2, Mirpur and searched for the informant. As the informant was out fro......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. ......sent: Abdul Bari Sarker J Khokan, son of Shah Alam………...............Appellant Vs. The State.............................................Respondent. Judgment July 29, 1990. Lawyers Involved: GS Huq, Advocate ‑ For the Appellants. Salma Masud, Advocate ‑ For the S..

Category: Criminal Law | Date: | Hits: 67

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

...., 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. ......lder brother of the detenu calling upon the respondents to show cause why the detenu Mr. Moudud Ahmed, the Former Vice‑President of Bangladesh, now detained in his own house should not be brought before this Court so that it may certify itself that he is not being held in Custody without lawful au......t the public safety and public order for having free and fair election in the country; that the detenu was removed on the 2no January, 1986 from the post of Minister and he was tried before a Special Martial Law Court under Martial Law Regulation 11 and sentenced to suffer rigorous imprisonment for ......Bengal (AIR 1973 (SC) 844); Abdul Latif Mirza Vs. Government of Bangladesh, 31 DLR (AD) 1; Mrs. Tahera Chowdhury Vs. The Secretary, Ministry of Home Affairs, Government of Bangladesh, 40 DLR 193. Lawyers Involved: Rafiq‑ul‑Huq with Md. Azizul Huq, Advocates ‑For the Petitioner. Aminu..

Category: Constitutional Law | Date: | Hits: 178

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

....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. ...... instance of the plaintiff‑appellant is directed against the judgment and decree dated 18.2.1989 passed by the 3rd Court of Subordinate Judge, Dhaka in Title Suit No. 29 of 1983 dismissing the suit for Specific Performance of Contract for sale of the suit property after declaring that the defendan......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. ......ah Vs. Ezazuddin Ahmed, 13 DLR 554; Administrator of Wakfs Vs. Mst. Sahere Khatun, 28 DLR 238; Pitchayya Vs. Venkataramayya, AIR 1943 Mad 497; Jaggo Bai Vs. Hari Har Prosad Singh, PLD 1947 PC 406. Lawyers Involved: Khondker Mahbubuddin Ahmed with HR Sharif with Shima Jahur, Advocates ‑ For t..

Category: Civil Law | Date: | Hits: 92

Md. Abul Hashem alias Bachhu Vs. Abdul Latif, 2009, 38 CLC (HCD)

....rder 9 Rule 13 of the Code of Civil Procedure are set aside and the ex parte decree dated 29.12.1982 is upheld. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 441, 8LG (2011) HCD 305. ......nder Order 9 Rule 13 of the Code of Civil Procedure. 2. The petitioner as plaintiff brought Title suit No.370 of 1982 in the Court of first Munsif, Noakhali against the opposite parties and others for the declaration of their right and title in the suit land described in the schedule of the plain......rder 9 Rule 13 of the Code of Civil Procedure are set aside and the ex parte decree dated 29.12.1982 is upheld. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 441, 8LG (2011) HCD 305. ......u……………..Petitioner Vs. Abdul Latif being dead his heirs (Ka) Rojia Khatun and others……….Opposite parties Judgment May 21, 2009. Result: The Rule is made absolut. Lawyers Involved: Nikhilesh Dutta-For the petitioner. No one-For the opposite parties. Civi..

Category: Property Law | Date: | Hits: 82

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

....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. ......dvocate-on-Record-For the petitioner. A. F. Hasan Arif, Senior advocate (with Rafiqul Islam Miah, Senior advocate) instructed by Zahirul Islam, Advocate-on-Record-For respondent. Civil Petition for Leave to Appeal No. 527 of 2011 (From the judgment and order dated 23.02.2011 passed by the H......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. ......Laily Begum Jalil, 50 DLR (AD) 55; Abu Baker Siddique Vs. SMA Bakar, 38 DLR (AD) 106; Hossain Muhammad Ershad Vs. State, 21 BLD (AD) 69; The State Vs. Metropolitan Police Commissioner, 60 DLR 660. Lawyers Involved: Md. Asaduzzaman, Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Recor..

Category: Family Law | Date: | Hits: 327

Government of Bangladesh and others Vs. Md. Mustafizur Rahman Kanchan, 2011, 40 CLC (AD)

....eration of the judgment and order dated 08.04.2010 passed by the High Court Division in Writ Petition No.1086 of 2009 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......ty Attorney General instructed by B. Hossain, Advocate-on-Record-For the petitioners. Fazlur Rahman Khan, Advocate instructed by Mahmuda Begum, Advocate-on-Record-For respondent. Civil Petition for Leave to Appeal No.1846 of 2010. (From the judgment and order dated 08.04.2010 passed by the ......eration of the judgment and order dated 08.04.2010 passed by the High Court Division in Writ Petition No.1086 of 2009 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......J Muhammad Imman Ali J Government of Bangladesh and others.................Petitioner Vs. Md. Mustafizur Rahman Kanchan.........................Respondent Judgment April 7, 2011. Lawyers Involved: Mustafa Jaman Islam, Deputy Attorney General instructed by B. Hossain, Advocate..

Category: Fiscal/Taxation Law | Date: | Hits: 96

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: .......) Not represented- Respondents No.1-8 (In Civil Appeal No.218 of 2007.) Not represented- the respondents (In Civil Appeal No. 126 of 2006.) Civil Appeal No.218 of 2007 with Civil Petition for Leave to Appeal No.126 of 2006. Judgment Muhammad Imman Ali J. - Leave was granted to con......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: ......zid ..............................Petitioner (In Civil Appeal No.126 of 2006) Vs. The Government of Bangladesh and others.......Respondents (In both the cases) Judgment June 07, 2011. Lawyers Involved: Mahmudul Islam, Senior advocate instructed by Chowdhury Md. Zahangir, Advocate-..

Category: Election Law | Date: | Hits: 152

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. ......d-For the Petitioner (In Civil Petition No. 2029 of 2009) Subrata Chowdhury, Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondents. (In both the cases) Civil Petition for Leave to Appeal Nos. 1996 & 2029 of 2009. (From the judgment and order dated the 6th day......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. ......¦â€¦â€¦.........Petitioner (In Civil Petition No.1996 of 2009.) Vs. Lutfun Nessa and others………………………..........Respondents (In both the cases) Judgment August 5, 2010. Lawyers Involved: Biswajit Das, Deputy Attorney General instructed by Mr. B. Hossain, Advocate-on..

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........) Md. Abu Siddique, Advocate-on-Record-For Respondent No.1 (In Civil Petition No.1305 of 2010.) Not Represented- Respondent Nos.2 & 3 (In Civil Petition No.1305 of 2010.) Civil Petition for Leave to Appeal Nos. 1302-1305 of 2010. (From the judgment and decree dated 12.4.2010 passed ...... 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.......titioners. (In all the Cases) Vs. Md. Abdul Alim and others ………………..................................Respondents (In Civil Petition No.1302 of 2010) Order December 12, 2010. Lawyers Involved: Afroza Khanam and others-Respondents. (In Civil Petition No.1303 of 2010.) M..

Category: Administrative Law | Date: | Hits: 188

Sudhansu Kumar Barai and others Vs. Abul Hashem and others, 1990, 19 CLC (HCD)

....tioned that the defendants shall be at liberty to agitate this question when the issues are framed. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 327. ......dhansu Kumar Barai and others........Petitioners Vs. Abul Hashem and others ...................Opposite Parties. Judgment February 7, 1990. Lawyers Involved: Mujibur Rahman Talukder for PC Guha, Advocates ‑For the Petitioners. Tapan Kumar Chakroborty, Advocate ‑ For the Oppo......tioned that the defendants shall be at liberty to agitate this question when the issues are framed. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 327. ......nt: Bimalendu Bikash Roy Choudhury J Sudhansu Kumar Barai and others........Petitioners Vs. Abul Hashem and others ...................Opposite Parties. Judgment February 7, 1990. Lawyers Involved: Mujibur Rahman Talukder for PC Guha, Advocates ‑For the Petitioners. Tapan..

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. ......Respondent. Judgment August 6, 1990. Case Referred to- Aftab Flur and Allied Industries Ltd. Vs. Mst. Nasim Akhtar, 16 DLR (WP) 199. Lawyers Involved: Sk. Zulfiqur Bulbul Chowdhury for Farmanullah Khan, Advocates ‑ For the Appellants. Not represented-the Opposite Party. Ap......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. ......s. Quickways Agency ...............................Respondent. Judgment August 6, 1990. Case Referred to- Aftab Flur and Allied Industries Ltd. Vs. Mst. Nasim Akhtar, 16 DLR (WP) 199. Lawyers Involved: Sk. Zulfiqur Bulbul Chowdhury for Farmanullah Khan, Advocates ‑ For the Appel..

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. ......alty Suit No. 14 of 1984. Judgment Md. Mozammel Hoque J. - This is an application filed by Defendant No. 1 petitioner under Order 7, rule 10 read with section 151 of the Code of Civil Procedure for return of the plaint to the plaintiff. 2. The plaintiff instituted the present suit on 16.6.8......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. ......D) 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. ..

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

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

....,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.......hman J. - This appeal at the instance of the plaintiff is directed against the judgment and decree passed by the Subordinate Judge 3rd Court, Dhaka in Money Suit No. 158 of 1969 arising out of a suit for realisation of compensation for damage to the plaintiff's reputation allegedly caused by the def......,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....... Anwarul Hauqe Chowdhury J Abdus Sobhan…………………......................Appellant Vs. Harekrishna Kundu and another............Respondents. Judgment September 1, 1988. Lawyers Involved: Abdus Sobhan, the appellant appears in person. Not represented-the Opposite ..

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. ......te ‑ 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, pending before the lear......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. ......ikash Roy Choudhury J Mojibur Rahman Sarker and others...............Petitioners Vs. Shafiqul Islam and others...........................Opposite Parties. Judgment February 7, 1991. Lawyers Involved: Bazlur Rahman Talukder, Advocate ‑ For the Petitioner. Not represented-the..

Category: Procedural Law | Date: | Hits: 81

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

....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.......ocates ‑For the Petitioner. M. Shasul Alam, Deputy Attorney General ‑ For the State. Criminal Miscellaneous Case No. 54 of 1991. Judgment Abdul Bari Sarker J. - This is an application for anticipatory bail under section 498 of the Code of Criminal Procedure. 2. The petitioner Zulf......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...........................Opposite Party. Judgment February 12, 1991. Cases Referred to- Sh. Zahoor Ahmed Vs. State, PLD (1974) Lahore 256; Golam Sarwar Kamal Vs. State, 1985 BLD (AD) 110. Lawyers Involved: Khandker Mahbub Hossain with Khandker Gulzar Hossain, Advocates ‑For the Peti..

Category: Criminal Law | Date: | Hits: 61

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. ......udgment and decree dated 30.11.67 passed by Mr. Jyotirmay 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 schedul......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. ......Mia & others Vs. Ali Hossain Bhuiyan and others BCR 1984 (AD) 60; Afar Ali & others Vs. Salek Ali & others, BCR 1985 (AD) 29; Bangladesh and another Vs. Md. Salimullah, 35 DLR (AD) 1. Lawyers Involved: Md. Shamsul Alam, Deputy Attorney General with Obaidur Rahman, Assistant Attorn..

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. ......ri' along with other soaps namely, TO Clock, Fa, Zest, Baby Soap etc. and several other washing soaps of various kinds. The petitioner duly obtained copyright under the Copyright Act and also applied for Trade Mark Registration in respect of its brand name 'Capri' on 5.1.87 to the respondent No. 2 i......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. ........Respondents. Judgment April 4, 1990. Cases Referred to- Chiswick Products Ltd. Vs. The Registrar of Trade Marks, Karachi and another, PLD 1975 (Kar) 421; 1899 Appeal Cases page 428. Lawyers Involved: Asrarul Hossain, Advocate ‑ For the Petitioner. Abdur Rashid Khan, Advocat..

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.......f Civil Procedure an order granting past maintenance along with other relief to a divorced wife and her son has been challenged. 2. The opposite party of this revisional application filed a suit before the learned Munsif, Fulbaria Upazila, in the District of Mymensingh, acting as the Family Court......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.......mmad Bashir, Defendant‑respondent, PLD, 1958 (WP) (Lahore), 596; A Fulteh Moulvie, defendant Vs. Zabunnessa Khatun, plaintiff, Indian decision (Cal) 1881, Vol‑III and ILR 6 and 7 Calcutta 631. Lawyers Involved: Gour Gopal Saha, Advocate- For the Petitioner. Mvi. Md. Wahidullah, Advocate..

Category: Family Law | Date: | Hits: 253