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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.......reported in BLD Vol. 5 page 110. We have gone through the facts of the above case. The facts of the above case are similar to the facts of the present case. We are of opinion that the principle of law laid down in that case is applicable in the facts of the present case. Mr. Khandker Mahbub Ho..Category: Criminal Law | Date: | Hits: 61
Government of Bangladesh Vs. Abdul Wahid Sheikh (dead) his heirs & others, 1990, 19 CLC (HCD)
.... gained from the recess of a river or of the sea pending before any Court on the commencement of the order and barring institution of such proceedings in terms similar to those of section 86. By this amending law the provision of section 87 incorporated under PO 72 of 1972 was renumbered as sub‑se...... lands gained by the recess of a river or the sea as increment to the holding subject to the payment of a fair and equitable rent. 7. With the emergence of Bangladesh as an independent country the law embodied in those two sections has undergone significant changes. On 4th November, 1972 Presiden..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. ......for their Toilet Soaps. So, accordingly registration to respondent No. 1 leaving aside the application of the petitioner company, who had reasonable and legal grounds to apply, cannot be sustained in law. In the result, this Rule is made absolute and registration No. 23048 dated 31.8.87 given by ..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.......90. 7. Section 278 of Mulla's Principles of Mohamedan Law (Eighteenth Edition) runs as follows: "278. Order for maintenance.- If the husband neglects or refuses to maintain his wife without any lawful cause, the wife may sue him for maintenance, but she is not entitled to a decree for past mai..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.......isc. Appeal No. 71 of 1990 under section 17 of the Family Courts Ordinance, 1985 and on 18.4.90 the memorandum of the aforesaid appeal was rejected on the ground that the same was not maintainable in law. 6. Being aggrieved by the said order dated 18.4.90 the petitioner has filed this Civil Revis..Category: Family Law | Date: | Hits: 230
AHM Kamaluddin another Vs. The State, 1989, 18 CLC (HCD)
....the result, the application is summarily rejected. Let a copy of this judgment be sent to the Court of the Divisional Special Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (1991) 294. ......od stopped, that the order of the learned Divisional Special Judge that the Government may take step for revival of the case if so desired is illegal and without jurisdiction, that if by operation of law the proceeding of the present Special Case stood stopped on 8.12.88, then the prescribed time fo..Category: Criminal Law | Date: | Hits: 63
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. ......IR on 7‑8‑85 alleging that on 27th Sravan, 1392 BS at about 10 AM his daughter Shahina Khatun aged about 13/14 years went to school but did not return home. The complainant went to his son‑in‑law's house and came to know that his said daughter did not even go there. On that day a little girl..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.
......ded no finding on that issue.
5. Mr. AR Yusuf, the learned Advocate appearing on behalf of the appellant, has submitted firstly, that the findings of the learned Subordinate Judge were contrary to law and evidence on record and not sustainable in law inasmuch as the agreement of arbitration as ev..
Category: Alternative Dispute Resolution | Date: | Hits: 170
....he present suit after filing of the suit the plaintiff made a prayer for recovery of possession alleging that during the pendency of the suit they have been dispossessed from the suit land. But while amending the plaint they failed to properly describe the land for which they prayed for recovery of ......nt khas land and that compelled the plaintiffs to file the present suit for declaration that the orders of the defendant No. 1 dated 6‑8‑1987 are illegal, null and void and the plaintiffs are the lawful owners of the suit property.
3. Defendant‑opposite party No. 5 and the present defendant..
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.......s such, the case was liable to be stopped and the accused persons released as per provision of section 167(7) Cr.P.C. The learned Advocate for the opposite party, on the other hand, contends that the law contemplated completion of the investigation by the police within the prescribed time and not th..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.......oldings themselves then also it will be a case of partial pre‑emption. Mr. Chowdhury has cited the case of Salimuddin Mondal Vs. Mohitosh Biswas, 14 DLR 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 t..Category: Property Law | Date: | Hits: 78
Dilip @ Siddiqur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....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. ......der sections 302/34, one of the accused namely Sattar under Sections 302/114 and all the 9 accused under section 447 of the Penal Code. 15. Regarding the Plea of private defence, the learned State lawyer very emphatically argued that the defence nowhere suggested any right of private defence as f..Category: Criminal Law | Date: | Hits: 61
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. ......he 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 petition under s..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.
......ontract of the suit properties alleging, inter alia, that the industry under the name and style M/s. Ferdous Tannery was an abandoned property and the same vested in the government under the relevant law. As per disinvestment policy, the government by a tender notice issued on 13.11.77 desired to se..
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. ......tion of this rule by section 16(d) of the Code of Civil Procedure. Section 16(d) of the Code of Civil Procedure runs as follows: "16. Subject to the pecuniary or other limitation prescribed by any law, suits‑ (d) for the determination of any other right to or interest in immovable property."..Category: Property Law | Date: | Hits: 85
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. ......prisoner went to the house of Anwar Hossain of Village Patihar Upazila Agailjhara and informed him that his daughter Momtaj Begum had died. On receipt of the news Anwar Hossain went to his son‑in‑laws house in Dhakkin Shihipasha and found the dead body of Momtaj Begum with injuries on her neck a..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. ......cisions cited by the learned Advocate for the petitioner are not at all applicable in the present case. 12. I have heard the learned Advocates at length and gone through the relevant provisions of law and the decisions cited before me and my considered view is that the petition of appeal cannot b..Category: Criminal Law | Date: | Hits: 70
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.......its. The defendants, the judgment debtors in the certificate case, made application before the Court concerned for rejection of the plaints on the ground that the. suit was barred by res judicata and law generally. 4. The learned Munsif rejected the petition on a finding that the suits were not b..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. ...... pay the aforesaid dues of the petitioner. Even after 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..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.......gainst the petitioner as contained in Memo No. 199/পরি/প্রসা/তদন্ত ও মামলা/13/90 dated 10.1.90, Annexure‑H should not be declared to have been made without any lawful authority and of no legal effect. 2. The short facts of the case are, that the Regional Co..Category: Administrative Law | Date: | Hits: 175
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