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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. ......rly the decision in the case of Province of East Bengal Vs. Bakergonj Central Co‑operative Sales and Supply Society Ltd., reported in 12 DLR (Dacca) at page 219. 7. In that case under report the facts were that as Famine conditions were prevailing, the Society was supplying food stuff at contro..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. ......respect of SAS plot No. 1836 and vacated the ad-interim order passed earlier. Mr. Deb further submits that the learned Subordinate Judge has also committed illegality in taking into consideration the question of maintainability of the suit on the alleged ground of non‑service of prior notice under......arned Subordinate Judge and submits that the learned Subordinate Judge has committed serious error of law in disallowing the Misc. Case by the impugned order without applying his judicial mind to the facts and circumstances of the case and the relevant provisions of law namely Order XLVII rule 1 of ..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. ......t can be challenged and re‑agitated after the election. That must be so because when there is a wrong there must exist a remedy and that remedy being postponed till the election is over there is no question of any waiver of that right by the other contesting candidate by the mere fact of his conte......e case of Rafiqul Alam Vs. Mostafia Kamal and others reported in 42 DLR (AD) at page 137 the Appellate Division of this Court had finally decided this matter when their Lordships had held, on similar facts, that an election includes the whole election process passing through several stages to the fi..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. ......the mis‑joinder of charges. 15. Now, let us see how far the prosecution has been able to establish the charge under sections 302/34 of the Penal Code as against the appellants. To determine this question, we like to go into the evidence first. In this case in all 12 PWs have been examined to pr......r of occurrence as alleged by the prosecution by cogent, reliable and sufficient evidence and as such the impugned judgment and order of conviction and sentence cannot be sustained in law and also on facts. Thereafter, it is contended on behalf of the appellants that their conviction has been based ..Category: Criminal Law | Date: | Hits: 82
Abdul Quader Chowdhury Vs. Sayedul Hoque & others, 1990, 19 CLC (HCD)
....land of the Diara Block Plot No. 81/123 and accordingly held that the order passed on 23.10.1968, Ext. A(a), in objection case No. 471 of 1968 was without any basis as the land of Idris Miah was not identical with the suit land. The learned District Judge also observed on the basis of Ext. A that w......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. ......n this suit in the absence of the sketch map and without examining the Commissioner. He cited the decision in the case of Sundar Vs. Hiru and others, 1936 Lah 138 in support of his contention. In the facts and circumstances of the present case the principle laid down in Sundar's case has little appl..Category: Property Law | Date: | Hits: 72
Amir Ali & others Vs. State, 1990, 19 CLC (HCD)
....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. ......he court containing the words "Diamond Dorina, Prokash Print, Bombay” no doubt can arise as to manufacture of the sarees by the said Indian company and the prosecution has proved that the sarees in question were of Indian origin and smuggled into Bangladesh and was carried by the truck in question......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)
....are upheld. In the facts and circumstances of the case, there will be no order as to costs. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 43 DLR (1991) 551. ......ding to the effect that the suit was not identifiable and no effective decree could be passed in such a case. Mr. SK Sinha, the learned Advocate for the respondent on the other hand contends that the question of vagueness of the suit property was neither raised in the pleading i.e. written statement......appulal Vs, Thakurji Shriji Dawarkadheeshji and another relevant paragraphs 6 & 7. In the decision reported in 27 DLR at page 413 it has been observed as follows: "In determination of questions of facts the parties should not be allowed to lead evidence without proper pleadings. It is no longer a..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.......ch of duty, independently of the contract which resulted in damage to the goods to be carried by the ship." 7. In the other case reported in 34 DLR 356 the learned Company Judge had considered the question of maintainability of admiralty suit before this Court after discussing in details the hist...... and as such a suit under section 6 of the Act is incompetent. I find substance in above contention of Mr. Hafizullah. Considering the provisions of law as contained in section 6 itself together with facts of the case, I hold that the present suit before the Admiralty Court is not maintainable. 1..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. ......eal Nos. 42 and 43 of 1989 against the same and by the impugned analogous judgment both the appeals were allowed and both the suits were remanded to the trial Court for hearing afresh. 6. The only question raised in these two rules is whether the Court of appeal below was justified in setting asi......urt of appeal below without considering the pleadings in their proper perspective and without discussing and considering the evidences on record and without setting aside specifically the findings of facts arrived at by the trial Court jumped to the conclusion that the plaintiff is not entitled to m..Category: Family Law | Date: | Hits: 210
Rabindra Narayan Gope Vs. Nani Gopal Gope and other, 1990, 19 CLC (HCD)
....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. ...... Rule arising out of an order of the appellate Court made on March 17,1986 in Miscellaneous Appeal No. 254 of 1982 from an order of the executing Court dated April 22, 1982 gives rise to an important question of law for consideration. The question is whether the lower appellate Court was legally com......y as suggested by Mr. Karmaker. He has also invited my attention to several decisions in support of his contentions. 4. To answer the points mooted at the bar it is necessary to state the relevant facts of the case. The opposite parties and the petitioner who are full brothers instituted Title Su..Category: Procedural Law | Date: | Hits: 81
....al and Dr. Zahir submit that it is applicable only for the new cases but not in a case like the present one. Section 10 of aforesaid Act runs as follows:
Section 10. Prohibition of registration of identical or similar trade mark.- (1) Save as provided in sub‑section (2), no trade mark shall be ...... Sattar Match Works at Shyampur and since 1962 the Sattar Match Works at Lama, Chittagong Hill Tracts, had been using continuously and without any break the trade mark "Cock" on t4eir match boxes. No question arose till 1986.
19. When this Trade Marks Act was enacted in 1940, the legislators in t...... The statements made in the affidavit‑in‑opposition of 28.7.90 are the actual and correct pleadings of the Government. The earlier affidavit‑in‑opposition of 19.7.90 was made on some mistaken facts and oversight. However, this supplementary affidavit dated 28.7.90 is accepted for considerati..
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.......he vouchers of purchase of the said goods submitted before him and found no prima facie case against the accused opposite party who was found to be a bonafide cloth merchant and owner of the goods in question and submitted final report on 10.10.88 under section 173 of the Code of Criminal Procedure....... the charge‑sheet. Therefore the Special Tribunal is not bound by the report of the police. It may have a different view on the report whether charge‑sheet or final report in consideration of the facts of the case and may either accept the report or reject the same and direct further investigati..Category: Criminal Law | Date: | Hits: 72
Nannu (Md.) Miah Vs. Mosammat Peer Banu Bibi & another, 1990, 19 CLC (HCD)
....s suit. In other words, there must be an identity of issues to be tried and in the earlier suit the issue or issues must have been raised and decided on merit. In the instant case the issue cannot be identical because the material issue in the earlier suit was on the extent of the share of the plain......ue cannot be identical because the material issue in the earlier suit was on the extent of the share of the plaintiff in the suit property, whereas in the later suit the material issue relates to the question of fraud alleged to have been committed after the preliminary decree had been passed. In th......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. ...... learned District Judge committed no illegality in holding that the petitioner resorted to unfair and corrupt practice in the election at Kadamtali Madrasha and Gangaprashad Primary School centres a question arises whether the final result of the election was affected by the malpractice of the peti......Ahmed, the learned Advocate, first submits that the judgment of the Court of Appeal below is not a proper judgment of reversal inasmuch as the learned District Judge did not consider all the material facts and circumstances of the case and the evidence taken into consideration by the Election Tribun..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....... a prayer for sending the case back for further investigation in respect of the accused petitioner who was discharged by the Magistrate consequent on the final report submitted by the police. Now the question is whether the petition in nature of Naraji against the submission of final report and for ......sioner, Narsingdi to show cause as to why the judgment and order dated 20.6.1987 passed by the learned Sessions Judge, Narsingdi in Sessions Case No. 34 of 1987 should not be quashed. 2. The short facts leading to the Rule are as follows: One Abdur Rahman lodged an FIR at Raipura Police Statio..Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. Unimarine SA Panama and other, 1977, 6 CLC (HCD)
....t-appellant but in view of our judgment there is no necessity of passing any order in the revisional application. ATM Afzal J.- I agree. Ed. This Case is also Reported in: 29 DLR (1977) 252. ......d Subordinate Judge in course of his judgment has found a prima facie case in favour of the plaintiff in the following terms: "Considering this report of examination of the samples of the wheat in question it can be held that the plaintiff has a prima facie case in the suit." The learned Subor......o property being owned by defendant No. 2 is sufficient for alleging mala fides on the part of the defendants. 10. In the said decision reported in 28 DLR 231 a Division Bench of this Court in the facts of that case which was filed by an agent against his foreign principal observed as follows: ..Category: Admiralty Law or Maritime Law | Date: | Hits: 240
State Vs. Md. Ali Kibria @ Shahzijahan and others, 1990, 19 CLC (HCD)
....ed prisoner cannot be said to have been made voluntarily. In continuation of his argument, Mr. Huq further submitted that fact appearing in the confessional statement of the condemned prisoner is not identical with the fact introduced during trial, and in face of such contradiction the confessional ......nable him to make confession of his own volition freely and voluntarily. Magistrate's satisfaction as to the voluntary nature of the confession must flow out of the answer given by the accused to the question asked by the Magistrate. Statement of satisfaction endorsed by the Magistrate does not show......onsideration. It is further submitted that before recording the confessional statement concerned magistrate omitted to mention to the confessioner i.e. the condemned prisoner that irrespective of the facts if he confessed or not, he would not be handed back to the police custody and that he would be..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. ......e‑emption is not an agricultural land. 3. The petitioner instituted Miscellaneous Case No. 1 of 1977 under section 96 of the State Acquisition and Tenancy Act, 1950 for pre‑empting the land in question on the plea that Bidhyadar Mondal, the owner of the land, sold it to the opposite party Nos...... homestead was one from which the raiyat might, if necessary, carry on agricultural operation in his raiyati holding, if and when the occasion arose." The fact of the case is distinguishable from the facts of the present case. There the lease of the shop was taken for the purpose of business. In vie..Category: Property Law | Date: | Hits: 95
Enamul Huq (Md) & 2 others Vs. Syndicate, University of Dhaka, 1990, 19 CLC (HCD)
....he Writ Jurisdiction, with the impugned punishment given by the Syndicate. As a result, these three Writ Petitions are summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 507.......oresaid Chapter of the Statute, have taken the penal action, contained in Annexure‑D to the petitions, what has been impugned by the petitioners before us under the writ jurisdiction. 6. Now the question is whether in connection with the matters relating to academic attainment of the petitioner......ainst them by the relevant invigilators that, they had not been in the examination hall or that they had adopted any unfair means in submitting their answer scripts, which is further fortified by the facts that the relevant invigilators signed the respective answer scripts. Thus, the learned Advocat..Category: Others | Date: | Hits: 112
Abdul Majid Vs. Akhil Chandra Sengupta and others, 1991, 20 CLC (HCD)
....s correct. For the aforesaid reasons the judgment cannot be sustained. In the result, the Rule is made absolute. No order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 506. ...... Advocates ‑For the Petitioner. SC Das, Advocate ‑ For the Opposite Party. Civil Revision No. 1 of 1987. Judgment AM Mahmudur Rahman J. - By this Rule pre‑emptor petitioner calls in question the judgment and order of affirmance dated 17.9.86 of the learned Subordinate Judge, Netrak......s correct. For the aforesaid reasons the judgment cannot be sustained. In the result, the Rule is made absolute. No order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 506. ..Category: Property Law | Date: | Hits: 97
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