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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. ......earing for the opposite parties contends that the written statement being a public document within the meaning of section 74 of the Evidence Act the learned District Judge did not commit any error of law in putting reliance upon Ext. 7. I find force in the contention of Mr. Ruhul Amin. The learned A..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. ...... second contention of Mr. Khan is that the prosecution failed to discharge its onus in proving that the sarees were of Indian origin and the import of the same was prohibited and restricted under any law and the same were smuggled into Bangladesh and carried in the truck by the appellants knowing th..Category: Fiscal/Taxation Law | Date: | Hits: 101
Bangladesh Vs. Dewan Obaidur Reza Chowdhury and Others, 1990, 19 CLC (HCD)
.... no longer a mere technicality that material facts should be specifically pleaded and omission to do so, would certainly deprive the other side of an opportunity to meet the allegation. This salutary provision of law is designed as a safeguard so that one cannot be taken by surprise by the other sid......urts below and also the evidence and other materials on record. The learned Assistant Attorney‑General on behalf of the appellant firstly contended that the lower appellate Court committed error of law in not holding that the suit suffers from vagueness of the description of the suit land about wh..Category: Property Law | Date: | Hits: 101
Sadharan Bima Corporation Vs. Bangladesh Shipping CorÂporation & others, 1990, 19 CLC (HCD)
.... a written objection against the aforesaid application filed under Order 7, rule 10 of the Code of Civil Procedure denying the material allegations made in the application. It is his case that if the provisions of the section of Admiralty Court Act, 1861, are considered together, it appears that the...... aforesaid decision the four learned Judges were unanimous and all concurred the views as expressed by Blackburn, J. which are as follows: "I am of the same opinion. The general rule of the common law was that where necessaries were supplied to a ship at home the Court of Admiralty had no jurisdi..Category: Admiralty Law or Maritime Law | Date: | Hits: 195
Hosne Ara Begum Vs. Alhaj Md. Rezaul Karim and others, 1990, 19 CLC (HCD)
.... of restitution of conjugal right subject to payment of prompt dower and also whether prompt dower at all or any portion thereof was paid; that for physical and mental torture by the husband there is provision for punishment under the provisions of Cruelty to women (Deterrent‑Punishment) Ordinance......r and Tk. 1000.00 per month was shown as maintenance of the wife per month. 3. The wife petitioner filed Faimly Court Case No. 1 of 1988 against her husband opposite party No. 1, her father‑in‑law, opposite party No. 2 and sister of her husband, opposite party No. 3 claiming recovery of dower..Category: Family Law | Date: | Hits: 210
Rabindra Narayan Gope Vs. Nani Gopal Gope and other, 1990, 19 CLC (HCD)
....of the decree‑holders got delivery of possession of the disputed building on the reasoning that no appeal lies from 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 Cour......g 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 competent to di..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. ......n Order 47 C.P.C. by way of review and also in Order 43 rule 1 (r) by way of appeal from the order of dismissal of the injunction petition. He further submits that it is a well‑settled principle of law that where a legal remedy is provided for in the Code to an aggrieved party the inherent power s..Category: Civil Law | Date: | Hits: 93
.... of 1972. After taking over the management of the aforesaid 2 Units the same were placed under the erstwhile Bangladesh Fertilizer Chemical and Pharmaceutical Corporation (BFCP Corporation) under the provisions of PO 27 of 1972 and subsequently the BFCP Corporation along with 2 other Corporations we.......71.
5. Articles 3,4,5,6,7, and 8 of the aforesaid PO 19 of 1973 run as follows :
3. Notwithstanding anything to the contrary contained in the Act or the Rules framed thereunder or in any other law for the time being in force‑
(a) trademarks registered in Pakistan shall be deemed not to h..
Category: Intellectual Property Law | Date: | Hits: 264
State Vs. Satya Narayan Sarada, 1991, 20 CLC (HCD)
.... to pass the impugned order of discharge and return of the seized goods after accepting the final report. 8. Let us consider the above submissions of the learned Advocates in the light of specific provisions for taking cognizance of the case under the Special Powers Act. Section 27(1) of the Spec......evant section for taking cognizance in the case under Special Powers Act and it is as follows: "27(1). Procedure of Special Tribunal. Notwithstanding anything contained in the Code or in any other law for the time being in force, a Special Tribunal may take cognizance of an offence triable under ..Category: Criminal Law | Date: | Hits: 72
Nannu (Md.) Miah Vs. Mosammat Peer Banu Bibi & another, 1990, 19 CLC (HCD)
.... bar created by section 11 is automatically removed. In support of this decision reliance has been placed upon some observation of the Judicial Committee of Privy Council in an earlier case that "The provisions of section 11 of the Code are mandatory and the ordinary litigant who claims under one of......ayer was opposed by the plaintiff. The learned Judge after hearing the parties refused to reject the plaint taking the view that there was nothing in the plaint suggesting that the suit was barred by law. It is against this order of refusal to reject the plaint that the defendant has moved this Cour..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. ......ent of loan he could not be permitted to bring fresh fact by way of additional evidence at the appellate stage. I am, therefore, of opinion that the learned District Judge has fallen into an error of law in allowing prayer for additional evidence and in holding thereupon that the petitioner was a de..Category: Election Law | Date: | Hits: 139
Motaleb @ Mutu and others Vs. State, 1990, 19 CLC (HCD)
....r in charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form prescribed; and the provisions of sub‑section (1) to (3A) shall, as far as may be, apply in relation to such report or......n to the Magistrate to send the accused mentioned in column 2 of the FIR for trial to the Court of Sessions which amounts to direction for taking cognizance. Considering the facts of the case and the law involved therein we find that the order passed by the learned Sessions Judge directing further e..Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. Unimarine SA Panama and other, 1977, 6 CLC (HCD)
....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 another remedy available under the provisions of Private International Law and as such the application under Order 38, rule 5 was misco...... protect civil rights and for the protection of those rights the exercise of such powers is essential." 15. Next we come to the point raised by Mr. Hafizullah that under the private international law, a remedy is available, and as such an application under Order XXXVIII, rule 5 is incompetent. I..Category: Admiralty Law or Maritime Law | Date: | Hits: 240
State Vs. Md. Ali Kibria @ Shahzijahan and others, 1990, 19 CLC (HCD)
....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.......n support of his contention decision in the case of Waris and others Vs. The State reported in 13 DLR 1961 (WP) page 5 has been relied upon and also on the decision reported in 1982 Pakistan Criminal law Journal page 720. It is further submitted by the learned Advocate for the condemned prisoner tha..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. ......sing the pre‑emption case which was allowed by the learned Munsif. 2. The point that falls for determination by this Court in this case is whether the lower appellate Court committed an error of law in its decision in dismissing the pre‑emption case holding that the case is not maintainable u..Category: Property Law | Date: | Hits: 95
Enamul Huq (Md) & 2 others Vs. Syndicate, University of Dhaka, 1990, 19 CLC (HCD)
....ailed except to the extent that the students script or performance of some other academic task could be regarded as his presentation of his case. Normally there will in any educational institution be provision for calling into question the correctness of such decisions." The author further observed ......e petitioner the impugned cancellation of the results of the examination and punishment imposed upon them are violative of the principles of natural justice and as such the same has been done without lawful authority and it has got no legal effect. The learned Advocate also submits that the Dhaka Un..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. ......he judgment and decree dated 17.11.85 passed by the learned Munsif in Pre‑emption Case No. 3 of 1985. 2. The learned Advocate for the petitioner urges that the Courts below committed an error in law in its decision in holding that the pre‑emption case is barred by limitation on an erroneous v..Category: Property Law | Date: | Hits: 97
Farzana Huq Vs. Bangladesh, 1990, 19 CLC (HCD)
....f all the evidence and the circumstances on which the charge against him is based. It may be that some circumstances are such that it is not proper in the public interest to disclose them. There is a provision in law with respect to it and the Government is empowered to refuse the disclosure of such......he period of his detention from time to time. The petitioner having moved writ petition No. 187 of 1988 a Division Bench of this Court, by an order dated 10.5.88, declared the detention to be without lawful authority and directed the respondents to release the detenu forthwith, if not wanted in any ..Category: Constitutional Law | Date: | Hits: 287
Ahmed Kabir Vs. Haji Mazahar Ahmed and others, 1990, 19 CLC (HCD)
....intiff upon the plaint and to determine the valuation therefor. 3. The learned trial Court by its order dated January 30, 1982 rejected the application holding that the valuation has been accepted provisionally, Against that order the defendant wrongly took an appeal to the Court of District Judg......‘For the Petitioner. Mustafa Niaz Muhammad ‑ For the Opposite Party. Civil Revision No. 214(c) of 1982. Judgment AM Mahmudur Rahman J. -In this Rule a short but an important question of law is mooted. The question is whether the Court below committed an error of law in the decision res..Category: Procedural Law | Date: | Hits: 83
Mozammel Haque Vs. Uttara Bank, 1990, 19 CLC (HCD)
....was known as "Uttara Bank", that on and from 15.9.83 the plaintiff bank has been be nationalised and converted into a public limited company on the basis of an agreement dated 15.9.83 pursuant to the provisions of the Bangladesh Bank (Nationalisation) (Amendment) Ordinance, 1983 (Ordinance No. XLVII......ner against the orders dated 28.8.84 and 2.9.84. 7. It is submitted by Ajmalul Hossain, the learned Advocate appearing on behalf of the petitioner, that the learned Judge has committed an error of law in his decision occasioning failure of justice in allowing the application for amendment of the ..Category: Property Law | Date: | Hits: 90
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