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Atash Ali and others Vs. Rebati Mohan Sarker and 3 others, 1990, 19 CLC (HCD)
....proceeding or suo motu by invoking its inherent power under section 151 of the Code and exercise of such power is no error of law, rather by such exercise of power the Court does real and substantial justice for the administration of which the Court exists. Such exercise of power is in consonance wi......to the order impugned before me it appears that the Court found that the date was fixed illegally for ex parte hearing of the injunction matter after filing the written objection by the defendant and accordingly the Court revoked the order rejecting the injunction petition and restored the same for ......hmudur Rahman J Atash Ali and others..............................Petitioners Vs. Rebati Mohan Sarker and 3 others..........Opposite Parties. Judgment April 19, 1990. Cases Referred to- Trading Corporation of Bangladesh and others Vs. Syed Sajeduzzman, 40 DLR (AD) 406; Rafiqul ......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
....Act to the Registrar. Since this Court is in seisin of the entire records of the case, it can pass such just and equitable order or orders as it deems fit and necessary in order to render substantial justice to the parties.
21. Under P.O. No. 19 of 1973 application for summary registration was fi......ith Sattar Match Works.
With the above direction and observation this application is disposed of but there will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 532.
......buddin Ahmed with Mirza Hossain Haider, Advocates ‑For the Petitioners.
Dr. M Zahir with M Hassan, Ferdousi Shahab and Firoz Shah Advocates ‑ For the Respondent Nos. 1 and 2.
Rafiqul Huq, Attorney‑General with AY Salehuzzaman, Deputy Attorney‑General ‑For the added Respondent No. 4.
.......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)
.... impugned order suffers from legal infirmity. 10. The next submission of the learned Advocate for the petitioner is that the impugned order being illegal the same should be quashed for the ends of justice. 11. The learned Advocate for the opposite party contends that even if the impugned order......said goods Tk. 48,53,368.00 but the opposite party failed to produce any document. Thereafter the seized goods were deposited in the Dinajpur Customs House and Kotwali PS case No. 9 dated 15.8.88 was accordingly started against the opposite party under section 156 (89) of the Customs Act read with s...... Ansar Ali J The State............................................Petitioner Vs. Satya Narayan Sarada..........................Opposite Party. Judgment April 3, 1991. Cases Referred to- Md. Kalu Bhuiyan Vs. Special Tribunal, 39 DLR 124; Nuru Bepari Vs. The State, 31 DLR 241; Ab......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)
....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.......aruddin Ahmed J Nannu (Md.) Miah........................………..Petitioner Vs. Mosammat Peer Banu Bibi & another......Opposite Parties. Judgment July 17, 1990. Cases Referred to- AIR 1936 (Sind) 99; AIR 1941 Cal. 401 (404); 35 DLR 217; PLD 1969 Dhaka 930. Lawyers Inv......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)
....ection petition that the petitioner was a defaulter in payment of any loan from Janata Bank, the learned District Judge committed an error resulting in an error in the decision occasioning failure of justice in accepting additional evidence on the point. Admittedly, opposite party No. 1 in his elect......ioning failure of justice in accepting additional evidence on the point. Admittedly, opposite party No. 1 in his election petition did not plead that petitioner was a defaulter in payment of loan and accordingly he did not lead any evidence to that effect at the trial. In the memorandum of appeal al......al No. 30 of 1989 which reversed those dated 7.6.88 passed by the Election Tribunal and Assistant Judge, Daudkandi Upazila in Election Tribunal Case No. 5 of 1988. 2. The material fact giving rise to this rule are that at the last Union Parishad election held in 1988 the petitioner, opposite part......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)
....scope and power to give direction to the Magistrate to send up the accused petitioner for trial and thus the order of the learned Sessions Judge being without jurisdiction has occasioned a failure of justice. 6. With regard to the first point raised by Mr. AKM Shamsul Karim, the learned Assistant......ned Magistrate with a direction to the Magistrate to send the case record to his Court along with the statements recorded by the police and after taking evidence of the witnesses named in the FIR and accordingly we find that the order is within the scope of section 436 of the Code of Criminal Proced......bibur Rahman Khan J Motaleb @ Mutu and others.................Petitioners Vs. The State.........................................Opposite Party. Judgment June 5, 1990. Cases Referred to- Khorshed Alam Vs. State, 35 DLR 401; Abdur Razzaque Vs. State, 35 DLR 103. Lawyers Involv......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)
....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. ......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. ......sdiction) Present: KM Subban J ATM Afzal J Bangladesh………….Appellant Vs. Unimarine SA Panama and other………Respondents Judgment June 16, 1977. Case Referred to- M/s. United Venture Navigation Co. Ltd. Vs. Samudrajatra Shipping Lines, 28 DLR 231. Lawye...... 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.......has been fabricated at the instance of Taiub Ali Chowdhury (PW 1). 8. The learned Advocate continued to u e that PW 2 Mukul maid servant of the house was employed 15 days before the occurrence and according to her version condemned prisoner came to that house 7 days before the occurrence took pla...... Md. Ali Kibria @ Shahajahan ............................Appellant Vs. The State......................................................Respondent. Judgment March 6, 1990. Case Referred to- Waris and others Vs. The State, 1982 Pak. Crl. Law Journal 720. Lawyers Involved: Md. ......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. ......tained the lease for agricultural purpose. Mr. Karim placed reliance upon the decision in the case of Akbar Ali and others Vs. Zahiruddin Kari and others, 30 DLR (SC) 81 wherein it has been held that according to section 103B of the Bengal Tenancy Act every entry in a record of right finally publish......li Bepari..............................................Petitioner Vs. Abdur Rahman Dewan & others........................Opposite Parties. Judgment February 5, 1991. Cases Referred to- Dulichand Mehesriand and others Vs. Prohlad Chandra and others, 1945 Cal 50; M/s Lutfun Naha......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)
.... opportunity having been given in that manner to the 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. ......ested right and before cancellation of the result they were required to give a proper opportunity of being heard in support of their defence they had taken in reply to their show cause notices. Thus, according to the learned Advocate, no opportunity having been given in that manner to the petitioner......nd Vice‑Chancellor, University of Dhaka and others............................................................Respondents (In all the Writ Petitions). Judgment May 28, 1990. Cases Referred to- Patel Vs. University of Bradford, (1978) 3 All ER 841. Lawyers Involved: Khan Saifur R......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. ......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. ......man with Serajur Rahman, 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 S......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)
....ainst the detenu is based as is reasonably possible under the circumstances. The Government surely does not in any" way suffer if it gives a complete statement of facts to the detenu and the cause of justice is advanced by a full disclosure. I want to stress this point because I think there is not a......wful authority and in an unlawful manner. 17. We have been informed by the learned Deputy Attorney‑General that further detention of the detenu is not required in any other connection. 18. We accordingly make the Rule absolute and direct that the detenu Sanaul Huq Niru, son of Shamsuddin Ahm.................................Petitioner Vs. Bangladesh represented by the Assistant Secretary, Ministry of Home Affairs and others.....Respondents. Judgment April 3, 1990. Cases Referred to- Golam Hossain alias Gama Vs. Commissioner of Police, Calcutta and others, AIR 1974 (SC) 1336......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)
....t 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 resulting the failure of justice in disallowing revision against an order of the trial Court refusing to modify valuation of ......ion of the suit after giving sufficient opportunity to both the parties. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 500. ......dur Rahman J Ahmed Kabir..........................................Petitioner Vs. Haji Mazahar Ahmed and others...............Opposite Parties. Judgment July 25, 1990. Cases Referred to- Keramat Ali Bepari Vs. Province of East Pakistan, 22 DLR 646; Syed Ahmed Vs. Keshab Chandra ......‘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)
....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 plaint without any notice to the petitioner......ut the defendant took no step. The learned Judge took up the application for amendment of the plaintiff opposite party, allowed the prayer for amendment of the plaint and directed to amend the plaint accordingly. Since the defendant took no step the suit was taken up for ex parte hearing and decreed......rty. Civil Revision No. 676 of 1984. Judgment Mohammad Ismailuddin Sarker J. - This Rule, at the instance of the defendant‑petitioner was issued calling upon the plaintiff‑opposite party to show cause why the impugned order Nos. 18 and 20 dated 28.8.84 and 2.9.84 respectively passed by ......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
Nehal Uddin (Md.) and others Vs. Amena Khatun and others, 1990, 19 CLC (HCD)
....n of the evidence on record came to an arbitrary finding of possession for more than 12 years in the suit property by the plaintiff‑respondent, and as a result there has been serious miscarriage of justice. 11. It is well‑settled that even a finding of fact without discussing the evidence on ...... the Court of appeal below are liable to be set aside. The plaintiff is entitled to get a decree only for his 1.22 acres of land in the suit property and not for the remaining 1.26 acres. The suit is accordingly decreed in part and the plaintiff can get partition of his 1.22 acres of land only by me...... Ali J Nehal Uddin (Md.) and others........................Petitioner Vs. Amena Khatun and others............................Opposite Party. Judgment August 23, 1990. Cases Referred to- Immambandi and others Vs. Mutsaddi and others, 45 IA 73; Sonaullah Hawlader Vs. Apseruddin B......di and others reported in 45 IA 73. Hence, that finding is final and conclusive and cannot be disturbed in this second appeal. His next submission is that the lower appellate Court committed error of law in holding that the interest of the defendant Nos. 5‑6 to the extent of 1.26 acres of land was..Category: Property Law | Date: | Hits: 71
Investment Corporation of Bangladesh Vs. Bata Shoe Company (Bangladesh) Ltd., 1990, 19 CLC (HCD)
....further directed to issue and deliver the necessary share certificates in favour of the petitioner Âcorporation without any further delay. Ed. This Case is also Reported in: 43 DLR (1991) 487. ......cee's full name and on right hand column it is written as father's/husband's name and as regard joint holders some columns are there to be, filled up. These are merely forms and it is to be filled up according to the nature of transfer of allotment of shares. Such a form cannot conclusively prove th......ur of the petitioner. 2. It is stated in the application that the petitioner is a corporation established under the Investment Corporation of Bangladesh Ordinance, 1976 (Ordinance No. XL of 1976) to encourage and broaden the base of investment developing the capital market and mobilize savings a......in such property absolutely, temporarily or on hire or by hire‑purchase or on installment or on such other terms and conditions as may be approved by the Board. 9. On the aforesaid provisions of law, Mr. Khairul Hoque submits that the petitioner being a corporate body created under the aforesai..Category: Company Law | Date: | Hits: 208
Delta Jute Mills Limited and another Vs. Sonali Bank and others, 1990, 19 CLC (HCD)
....ently the impugned letter which was issued in pursuance of the said direction must be held to be illegal. 13. Mr. Huq next submits that the impugned action is violative of the principle of natural justice. There cannot be any doubt that the impugned action sought to debar the petitioner‑company......hout lawful authority and is of no legal effect. Considering the facts of the case, we, however, award cost against Respondent No. 2 only. Ed. This Case is also Reported in: 43 DLR (1991) 483. ...... 102 of the Constitution of the People's Republic of Bangladesh was issued calling upon the respondents (1) Sonali Bank, (2) Bangladesh Shilpa Bank (3) Bangladesh Bank and (4) the Govt. of Bangladesh to show cause as to why letter No. Advance/Loan 4904 dated 23.6.87 issued by the Deputy General Mana......jheel Commercial Area, Dhaka disallowing further drawing from the Cash Credit Account of the petitioner Company with the said bank from 1st July, 1987 should not be declared to have been made without lawful authority and is of no legal effect. 2. Petitioner No. 1 Company is a public limited Compa..Category: Company Law | Date: | Hits: 213
Gulshan Ara Begum Vs. Moazzem Hossain Chowdhury and others, 1990, 19 CLC (HCD)
....e summons were not duly served upon the petitioners in accordance with law and the learned Subordinate Judge has committed an error of law in his decision resulting in an error occasioning failure of justice in dismissing the Miscellaneous Case No. 61 of 1987 and rejecting the application under Orde......sary papers on 22.4.87. He got the certified copy of the decree on 26.4.97 and then an application under Order 9 rule 13 of the Code of Civil Procedure was filed before the Court on 25.5.87 which is, according to them, very much within the statutory period of 30 days to file an application under Ord......n Ara Begum alias Jhanara and others................Petitioners Vs. Moazzem Hossain Chowdhury and others ..................Opposite Parties. Judgment February 19, 1990. Cases Referred to- M/s. Adamjee Jute Mills Ltd. Vs. Chairman, 3rd Labour Court, 1988 BLD page 1; Syed Anisul Hu......early appears that the application under Order 9 rule 13 of the Code of Civil Procedure was filed within the statutory period. So, we find that the learned Subordinate Judge has committed an error of law in computing the period of limitation in the present case. The learned Subordinate Judge further..Category: Procedural Law | Date: | Hits: 68
Mir Amir Ali Vs. State, 1991, 20 CLC (HCD)
....n 409 or under any other section of the Penal Code and, therefore, the continuation of the proceeding will be an abuse of the process of the Court and hence liable to be quashed to secure the ends of justice. Mr. M Nurullah also submits that the loan having been sanctioned by the Upazila Education O......he ends of justice. Mr. M Nurullah also submits that the loan having been sanctioned by the Upazila Education Officer responsible for the execution of all directives relating to the primary education according to the provision of Rule 13(1)(A)(B), sub‑Rule (4) and sub‑Rule (5)(a)(b) and the Prim......1A of the Code of Criminal Procedure wherein at the instance of the accused petitioner Mir Amir Ali a Rule was issued by this Court on 2nd April, 1990 calling upon the Deputy Commissioner, Gaibandha, to show cause as to why the proceeding of GR Case No.57 of 1985 pending in the Court of Upazila Magi......was illegally arrested under section 54 CrPC by the police and the District Anti‑Corruption Bureau has no authority either under the provisions of the Anti‑Corruption Act, 1957 or under any other law to secure to arrest except under section 5A of the Anti‑Corruption Act, 1957 which provides th..Category: Criminal Law | Date: | Hits: 104
A M A Wajedul Islam Vs. State, 1993, 22 CLC (HCD)
....h the bank and ultimately entrusted to his custody. For violation of such a sacred trust undoubtedly a severe sentence is called for in public interest. But we are also not oblivious of the fact that justice should be tempered with mercy. In a modern society purpose of imposing sentence on a person ......rt in bank's cash as per said inventory. In the evening banking hours from 3‑30 PM to 6‑30 PM only cash deposits were received. But some time cash payments of cheques were made in the evening and according to P.W.6 those were called late payments and such late payments were not reflected in the ......pecial Judge), Rangpur in Special Case No.1 of 1987 convicting the appellant under section 409 of the Penal Code read with section 5(2) of Prevention of Corruption Act (II of 1947) and sentencing him to suffer imprisonment for life and to pay a fine of Tk. 5000.00, in default, to suffer rigorous imp......ount for Tk. 6,38,518.31. In our opinion, for such shortage he will be guilty of breach of trust as he is bound to account for cash and every pie entrusted to him. Learned Advocate failed to show any law or decision in support of his contention for that if the prosecution failed to prove its case of..Category: Criminal Law | Date: | Hits: 91
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