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Bangla Jalpari Lines (Pvt) Ltd. Vs. Continental Grain Company (Canada) Ltd. and others, 1990, 19 CLC (HCD)

....- These two rules were issued on 18.1.82 at the instance of the plaintiff petitioner Bangla Jalpari Lines (Pvt.) Ltd. against the judgment and order dated 27.11.81 passed by Mr. MA Rashid Subordinate Judge, 3rd Court, Chittagong in Miscellaneous Case Nos. 59 and 60 of 1981 arising out of Money Suit ......ished there is no merit in these two revisional applications. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 617. ......ere is no merit in these two revisional applications. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 617. ......e vessel in question, namely, MV Regent Ranger. Miscellaneous case No. 60 of 1981 was filed by petitioner OP No. 1 M/s Sanko Steamship Co. Ltd. Tokyo represented by their local agent Pragoti Shipping Bangladesh Ltd., Chittagong, who claimed to be the owner of the said vessel MV Regent Ranger. Both t..

Category: Admiralty Law or Maritime Law | Date: | Hits: 186

Mozammel (Md.) Huq Vs. State, 1990, 19 CLC (HCD)

....rovides that the offences under the Special Powers Act and the offence mentioned in the schedule to the said Special Powers Act shall be triable exclusively by the Special Tribunal and every Sessions Judge, Additional Sessions Judge and Assistant Sessions Judge shall be Special Tribunal. So the offe......ourt. The Special Tribunal shall have the liberty to cancel the bail‑ of the accused if and when he finds it necessary in course of trial. Ed. This Case is also Reported in: 43 DLR (1991) 614.......e Special Tribunal shall have the liberty to cancel the bail‑ of the accused if and when he finds it necessary in course of trial. Ed. This Case is also Reported in: 43 DLR (1991) 614....... a penalty of confiscation of the smuggled goods and penalty upto the limit of 10 times of the value of the property to be imposed by the Customs authority for the offence of smuggling into or out of Bangladesh of any goods and further provides that upon conviction by a Magistrate the offender shall..

Category: Criminal Law | Date: | Hits: 52

Anu Bala Vs. Upazila Nirbahi Officer, Perojpur and Others, 1990, 19 CLC (HCD)

.... Judgment Anwarul Hoque Chowdhury J. - This is an application under section 115 of the Code of Civil Procedure and is directed against the judgment and order dated 23.7.90 passed by the District Judge, Perojpor, in Title Appeal No. 67 of 1990 allowing an application for condonation under sectio......h we find no illegality to interfere in the Revisional jurisdiction of this Court. In the result, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 611.......d no illegality to interfere in the Revisional jurisdiction of this Court. In the result, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 611....... Upazila Nirbahi Officer, Perojpur and Others...................Opposite‑Party. Judgment November 4, 1990. Cases Referred to- Circle Officer, Sutrapur Vs. Mohammad Hosain, 1990 BLD 12; Bangladesh Vs. Jahiruddin, 1986 BLD (AD) 190. Lawyers Involved: AK Badrul Huq, Advocate ‑ Fo..

Category: Limitation Law | Date: | Hits: 192

Abdus Samad Azad, MP & others Vs. Bangladesh, through Secretary, Ministry of Law and Justice and others, 1991, 20 CLC (HCD)

....atter be placed before the regular Bench on the re‑opening of the Court on 20th October, 1991 for hearing of the substantive application. Ed. This Case is also Reported in: 43 DLR (1991) 607. ......tter be placed before the regular Bench on the re‑opening of the Court on 20th October, 1991 for hearing of the substantive application. Ed. This Case is also Reported in: 43 DLR (1991) 607. ......placed before the regular Bench on the re‑opening of the Court on 20th October, 1991 for hearing of the substantive application. Ed. This Case is also Reported in: 43 DLR (1991) 607. ......vision (Special Original Jurisdiction) Present: Habibur Rahman Khan J Abdus Samad Azad, MP & others...............................................................Petitioners Vs. Bangladesh, through Secretary, Ministry of Law and Justice and others..........Respondents. Judgm..

Category: Constitutional Law | Date: | Hits: 229

Nizamul Haque and Others Vs. Singa Bangla Garment Manu­facturing Company (Pvt) Ltd., 1990, 19 CLC (HCD)

....itioners had filed an affidavit‑in reply denying the allegations as made out in the affidavit‑in‑opposition. On 15th March, 1989 this matter came up for consideration before the learned Company Judge. In view of the aforesaid affidavit‑in‑opposition submitted by the respondent­ company, t......in a stay order from the Appellate Court. The prayer is allowed and this judgment will come into operation just after two weeks from date. Ed. This Case is also Reported in: 43 DLR (1991) 603. ......y order from the Appellate Court. The prayer is allowed and this judgment will come into operation just after two weeks from date. Ed. This Case is also Reported in: 43 DLR (1991) 603. ...............................................Petitioner Vs. Singa Bangla Garment Manu­facturing Company (Pvt) Ltd..............Respondent. Judgment October 29, 1990. Case Referred to- Bangladesh Road Transport Corporation Vs. M/s Ashraf Jute Mills Ltd., BLD 1990 144. Lawyers Invol..

Category: Company Law | Date: | Hits: 190

Kutub Uddin Bhuiyan and others Vs. Sakhina Bibi and others, 1990, 19 CLC (HCD)

.... as proposed by the application under Order 6 rule 17 C.P.C. In the result, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 601.......as proposed by the application under Order 6 rule 17 C.P.C. In the result, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 601.......sed by the application under Order 6 rule 17 C.P.C. In the result, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 601....... as proposed by the application under Order 6 rule 17 C.P.C. In the result, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 601...

Category: Property Law | Date: | Hits: 92

Abdur Rahman Vs. Shahanara Begum, 1990, 19 CLC (HCD)

....J. - This Rule was issued at the instance of the defendant‑petitioner Abdur Rahman against the judgment and order dated 28.4.1988 passed in the Family Court Appeal No. 26 of 1987 by the Subordinate Judge and 1st Court Appeal No. 26 of 1987 by the Subordinate Judge and 1st Commercial Court, Chittag......nments as the Ordinance provides for speedy and summary disposal of the cases dispensing with the provisions of the Code of Civil Procedure. Ed. This Case is also Reported in: 43 DLR (1991) 599.......s the Ordinance provides for speedy and summary disposal of the cases dispensing with the provisions of the Code of Civil Procedure. Ed. This Case is also Reported in: 43 DLR (1991) 599.......rnments as the Ordinance provides for speedy and summary disposal of the cases dispensing with the provisions of the Code of Civil Procedure. Ed. This Case is also Reported in: 43 DLR (1991) 599...

Category: Civil Law | Date: | Hits: 106

Abul (Md.) Kashem & others Vs. Ashrafuzzaman, 1990, 19 CLC (HCD)

....ted 21.7.86 accepting the valuation put by the plaintiff in the plaint on deciding the issue No. 2 regarding valuation. 2. The plaintiff filed Other Suit No. 14 of 1984 in the Court of Subordinate Judge, Cox's Bazar against the defendants declaration of title and confirmation of possession in the......f the case within three months of the receipt of the copy of this judgment. Let a copy of this order be transmitted to the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 596. ......se within three months of the receipt of the copy of this judgment. Let a copy of this order be transmitted to the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 596. ......of the case within three months of the receipt of the copy of this judgment. Let a copy of this order be transmitted to the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 596. ..

Category: Civil Law | Date: | Hits: 94

Afsar Ali Chowdhury and others Vs. The People's Republic of Bangladesh, 1990, 19 CLC (HCD)

.... Judgment Anwarul Hoque Choudhury J. - This is an application under section 115(1) of the Code of Civil Procedure and is directed against an order dated 8.9.90 passed by the learned Subordinate Judge, Thakui gaon in Money Suit No. 1 of 1990 rejecting the application under Order 7 rule 11 of th......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. ......roval. 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. ......evisional Jurisdiction) Present: Anwarul Hoque Chowdhury J Kazi Ebadul Hoque J Afsar Ali Chowdhury and others...............................Petitioners Vs. The People's Republic of Bangladesh........................Opposite Party. Judgment October 31, 1990. Cases Referred..

Category: Civil Law | Date: | Hits: 87

Afsar (Md.) Vs. Moulvibazar Pourashava and others, 1990, 19 CLC (HCD)

....3 of 1986. Judgment Muhammad Ansar Ali J. - This rule at the instance of the plaintiff petitioner arises out of a judgment and order dated 11.12.85 passed by Mr. Kabir‑ul‑lslam, Subordinate Judge, Maulvibazar disallowing Miscellaneous Case No. 89 of 1985 under Order XLVII of the Code of Ci......his 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. ......r 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. .................................Petitioner Vs. Moulvibazar Pourashava and others...............Opposite Party. Judgment December 3, 1990. Case Referred to- Dacca Match Factory Ltd. Vs. Bangladesh Match Co. Ltd, 30 DLR (HC) page 244 para 8; Mansur Ahmed Vs. Kalipada Chatiorpadhy and ot..

Category: Trust/Waqf Law | Date: | Hits: 181

Yakub (Md.) Ali Howlader Vs. Abdur Rab Munshi, 1990, 19 CLC (HCD)

....rul Haque Chowdhury J. - This Rule arises out of an application under section 115 read with section 151 of the Code of Civil Procedure and is directed against an order passed by the Election Tribunal Judge, Shariatpur rejecting the application filed by the petitioner praying for rejection of the Ele......ccordance 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. ......e 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. ......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. ..

Category: Election Law | Date: | Hits: 156

Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)

....annan and Abdul Hye were placed on trial to answer the charges against them under sections 460/302/34 of the Penal Code in Sessions Case No. 93 of 1985 in the Court of the learned Additional Sessions Judge, Netrokona and at the conclusion of the trial they were convicted under the said charges and s......re 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. ......tted 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. ......s contemplated by this section lies squarely on the prosecution. It is obligatory on the part of prosecution to prove affirmatively that maker of the report is dead, or that he cannot be found within Bangladesh or that he cannot be called and produced as a witness without unreasonable delay or expen..

Category: Criminal Law | Date: | Hits: 82

Abdul Quader Chowdhury Vs. Sayedul Hoque & others, 1990, 19 CLC (HCD)

....‘ For the Opposite Parties. Civil Revision Nos. 110‑111 of 1989. Judgment AM Mahmudur Rahman J. - This Rule arises out of the judgment and decree of reversal passed by the learned District Judge, Noakhali. 2. The opposite parties Nos. 1 to 11 hereinbefore me instituted Title Suit No. 5...... 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. ......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. ......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. ..

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. ......ult, 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. ...... 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. ...... the sarees. He admitted that during investigation the sarees were not sent for opinion of the expert. He denied the defence suggestion that those sarees were stolen goods and that those were made in Bangladesh and that the same with truck were taken to the police station as a result of the quarrel ..

Category: Fiscal/Taxation Law | Date: | Hits: 101

Bangladesh Vs. Dewan Obaidur Reza Chowdhury and Others, 1990, 19 CLC (HCD)

....al at the instance of the contesting defendant No. 2, Province of East Pakistan, now Bangladesh is directed against the judgment and decree dated 14th February, 1968 passed by the learned Subordinate Judge, 1st Additional Court, Sylhet in Title Appeal No. 260 of 1967 reversing those dated 28.8.67 pa......re 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. ......d. 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. ...... Courts records immediately. Ed. This Case is also Reported in: 43 DLR (1991) 551. ..

Category: Property Law | Date: | Hits: 101

Sadharan Bima Corporation Vs. Bangladesh Shipping Cor­poration & others, 1990, 19 CLC (HCD)

....gence, misconduct or breach 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 discu......nterests 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....... 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.......R (1991) 548...

Category: Admiralty Law or Maritime Law | Date: | Hits: 195

Hosne Ara Begum Vs. Alhaj Md. Rezaul Karim and others, 1990, 19 CLC (HCD)

.... Alhaj Md. Rezaul Karim and others ................Opposite Party. Judgment August 13, 1990. Cases Referred to- Amir Md. Vs. Mst Bushra, AIR 1956 Raj. 102; AKM Ruhul Amin Vs. District Judge, Bhola, 38 DLR (AD) 172; AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bh...... 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. ......f 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. ......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. ..

Category: Family Law | Date: | Hits: 210

Rabindra Narayan Gope Vs. Nani Gopal Gope and other, 1990, 19 CLC (HCD)

....of the order of the Court but beyond that in collusion with the judgment‑debtor Saleha Khatun there was no satisfaction of the decree in law the Execution Case No. 14 of 1981 before the Subordinate Judge was competent to determine the dispute between the petitioner and the opposite-parties‑decre......eed 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. ...... 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. ......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. ..

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. ......; 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. ......le 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. ......d 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 Islam Vs. A. Kalam, 42 DLR 19. ..

Category: Civil Law | Date: | Hits: 93

Sattar Match Works and others Vs. Bangladesh Chemical Industries Corporation and others, 1990, 19 CLC (HCD)

....ining the defendants and their employees and agents and authorised dealers and distributors from using the safety matches and label containing the device of "Cock". Ultimately the Additional District Judge‑in­-charge, Dhaka, granted temporary Injunction restraining the defendants from using the t......th 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. ......r 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. ...... High Court Division (Special Original Jurisdiction) Present: Md. Mozammel Hoque J Sattar Match Works and others...................................................Petitioners Vs. Bangladesh Chemical Industries Corporation and others.................Respondents. Judgment Au..

Category: Intellectual Property Law | Date: | Hits: 264