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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. ......s sub‑section (3) of section 87 of the Act which provide for abatement of all such appeals and suits. In that view of the matter the appeal is clearly liable to abate thereunder. 14. A pertinent question now comes up whether the suit shall also abate along with the appeal. It is well settled th......efendant Government by filing a written statement contending, inter alia, that the disputed lands were accretions to the Government lands. 4. The learned Subordinate Judge, on consideration of the facts and circumstances of the case and the evidence on record, came to the finding, inter alia, tha..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. ......w months and from the date of registration only after a few days less than a year the petitioner came before this Court and filed the present application. Mr. Asrarul Hossain submits that it is not a question of longer period or a shorter period, but it is a question as to whether the respondent No.......ompany has filed a Supplementary Affidavit with which it has annexed Annexures 'E' and ‘F’. The petitioner also submitted an affidavit in reply with an Annexure 'A'. 5. In view of the above facts Mr. Abdur Rashid Khan, the learned Advocate appearing for the respondent No. 1, submits that t..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.......wed to her from the date of institution of the suit before the Family Court till three months after the decree for dissolution of the marriage i.e. during the period of her iddat. 9. So far as the question of past maintenance for the child is concerned, there is no specific provision in the subst......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...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....... provisions of Order 41 rule 19 were not applicable. Against the said order a Civil Revision was filed before the Division Bench of this Court in which the rule was made absolute. 13. Although the question whether there would be an appeal from an order passed by the Family Court would lie before ......sued calling upon the opposite party to show cause as to why the judgment and order dated 18.4.90 passed by the District Judge, Dhaka in Misc. Appeal No. 71 of 1990 should not be set aside. 2. The facts for the disposal of the rule are: On 28.9.87 the petitioner filed the suit No. 10 of 1987 i..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. ......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. ......্ছা করিলে মামলা পূনজীর্বিত করণের পদক্ষেপ গ্রহণ করিতে পারেন।”. shall not be expunged. 2. The facts of the case are that petitioner No.1 AHM Kamaluddin was Managing Director of the Bangladesh Sh..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. ......in to the person making it that he is not bound to make a confession and that if he would make so it may be used as evidence against him and no Magistrate shall record any such confession unless upon questioning the person making it he has reasons to believe that it was made voluntarily and after he......ment and how he read over the statement made to the accused and his admitting those to be correct and the Magistrate believing those to be voluntary, ought to be treated as conclusive evidence of the facts stated therein, unless shown to be otherwise before that Court. In the case there existed ..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.
...... 20 of the Arbitration Act was not maintainable inasmuch as the arbitration sought for was wholly outside the scope of the said insurance policies, that the scope of arbitration under the policies in question was limited and circumscribed by condition No. 18 and it was only when an amount was disput......eeing the suit and as such the judgment and order passed by the learned Subordinate Judge are liable to be set aside.
In the result 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 ..
Category: Alternative Dispute Resolution | Date: | Hits: 170
....tion. The rule is accordingly discharged without any order as to costs.
The order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 43 DLR (1991) 282.......urna Chandra Karmaker and others) submits that amendment of' the plaint can be, allowed when it does not after the averment of the plaint. According to the learned Advocate, the amendment which is in question now has not altered the averment of the plaint which remained as it was and only for gettin......dment certain specific boundary has only been incorporated in keeping the other averments intact. This amendment, therefore has not changed the character of the plaint. It is therefore found that the facts leading to the case reported in 13 DLR 871 and facts and circumstances of the present case bef..
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........" In the second case in paragraph 5 their Lordships of the Appellate Division observed as under: "Another wrong impression, though quite innocuous requires to be dispelled before the principal question is gone into. The police, after investigating the case which was registered on the First In......cted against the order dated 31.1.89 passed by Mr. MH Bhuiyan, Sessions Judge, Barguna in Criminal Revision No. 8 of 1988 under sections 435 and 438 of the Code of Criminal Procedure. 2. The short facts of the case are that the informant Kasem Ali lodged a First Information Report in Barguna poli..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.......alish. The learned District Judge observed that the Trial Court did not properly assess the evidence of OPWs 2‑6. 14. Mr. Halder's Objection to the treatment of the learned District Judge on the question of limitation is that (1) he had failed to discuss the evidence of 4 PWs, including the Pet......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...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. ...... land on behalf of accused Sattar and the said suit has not been disposed of yet and thus from the defence side neither any claim of right nor any claim of possession was suggested throughout. So the question of claiming right of private defence could not arise at all. 16. Regarding the plea of e......ith fatal weapons while Shamsul Huq himself did not give any offence by making any attack or assault. 41. Thus it is found that none of the exceptions 2 or 4 can be availed by the accused upon the facts and circumstances of the present case. 42. Mr. Serajul Huq, the learned counsel referred to..Category: Criminal Law | Date: | Hits: 61
State Vs.Joynal Abedin and another, 1990, 19 CLC (HCD)
....ould not be construed as contemptuous allegation to bring a court into disrepute or to lower the status and position of the Court in the eye of the public as the presiding officer of the court is not identical with the court itself. The court should not be touchy or sensitive with respect to the sta......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. ......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. ..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.
......ement. It is their case that the claim of the plaintiff that the suit properties belong to the Ferdous Tannery is irrelevant, rather the properties which were actually intended to be sold is the main question to be decided by the Court on the basis of the agreement for sale already executed between ......in cases in which secondary evidence is admissible under the provisions herein before contained.
94. When language used in a document is plain in itself, and when it applies accurately to existing facts, evidence may not be given to show that it was not meant to apply to such facts."
15. Relyi..
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. ......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. ......is Rule under section 115 of the Code of Civil Procedure is directed against the order dated 20.2.89 passed by Mr. Mominullah, Subordinate Judge, Bhola in Title Suit No. 7 of 1985. 2. The relevant facts of the case are that the opposite parties filed the above suit for declaration that the five k..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. ......ned by torture. No suggestion was also offered from the side of the defence that it was not voluntary. It, however, appears that the learn Magistrate while recording the confession did Dot record the questions and answers. We have carefully perused the confessional statement. We are satisfied that t......l Code. 2. The condemned prisoner is alleged to have killed his wife, Momtaj Begum. 3. As the prosecution gradually developed in course of the investigation it will be convenient to set out the facts leading to the prosecution of the condemned prisoner in chronological order. 4. On 2.12.85 ..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. ...... the appeal in this Court. Hence, this application for condonation of delay. 4. Admittedly there is a delay of 38 days in filing the Criminal Appeal under section 30 of the Special Powers Act. Now question is whether an application under section 5 of the Limitation Act for condonation of delay in......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. ..Category: Criminal Law | Date: | Hits: 70
Idris and others Vs. The State, 1990, 19 CLC (HCD)
....titioner No. 1. The accused petitioners are directed to surrender to their bail bonds and to serve the remaining period of their sentence. Ed. This Case is also Reported in: 43 DLR (1991) 245.......he Courts below it seems to me that the Court on in proper consideration of evidence carne to the finding that the petitioners forcibly in spite of the protest of the complainant took away the hut in question from the possession of the jimmader and thereby committed an offence punishable under secti......titioner No. 1. The accused petitioners are directed to surrender to their bail bonds and to serve the remaining period of their sentence. Ed. This Case is also Reported in: 43 DLR (1991) 245...Category: Criminal Law | Date: | Hits: 66
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.......icata and law generally. 4. The learned Munsif rejected the petition on a finding that the suits were not barred by res judicata. Being aggrieved the defendants have obtained these Rules. The main question which these two Rules have posed before this Court is, whether the suits on the face of the......ties. Civil Revision No. 1063 of 1975 with Civil Revision No. 1069 of 1975. Judgment AKM Sadeque, J. - These two Rules are being disposed of under this judgment as they arise out of the same facts tried in two different suits. Both the suits, being Title Suit Nos. 86 of 1973 and 94 of 1973,..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. ......r lawyer is not contesting the present application. In view of the facts stated above I am of the view that the respondent company was unable to pay its debt to the petitioner. 5. Now, preliminary question arises as to whether the petitioner corporation has got any locus standi to file this appli...... Shilpa Rin Sangstha as creditor of the respondent company. On 14.11.89 the learned Advocate Mr. Habibul Islam Bhujyan filed a power on behalf of another creditor 4. In the background of the above facts I have taken up the matter for hearing. The facts that the respondent company had taken lease ..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.......excuse and may also mean conscious violation of law to the prejudice of another. After exhausting administrative remedies, if he is so advised, the petitioner will have ample opportunity to raise the question of malice‑in‑law, if any, before the Administrative Tribunal. 4. The learned Advocat......ি/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 Controller of Food, Chittagong by his Memo No. 318(5) dated..Category: Administrative Law | Date: | Hits: 175
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