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Abul Quasem (Md) Vs. Md. Lutfur Rahman, 1985, 14 CLC (AD)
.... and recovery of khas possession after demolishing the construction made by the petitioner, confirmation of possession in lot No. 1 of the suit properties and for permanent injunction. 3. On the prayer of the plaintiff, the learned Subordinate Judge appointed two separate Advocate commissioners......November 11, 1985. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order 26, Rule 10 Whether acceptance of the report of an advocate commissioner for local investigation raises presumption of its correctness The Court is not at all precluded......e rise to any apprehension in the mind of the litigant. In the result, therefore, this petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17; 10 BLD (AD) 3. ......e rise to any apprehension in the mind of the litigant. In the result, therefore, this petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17; 10 BLD (AD) 3. ..Category: Property Law | Date: 11 Nov, 1985 | Hits: 44
Sydul Haque Sowdagar Vs. Abul Kashem Chowdhury and others, 1985, 14 CLC (HCD)
....ent. In the presence of the complainant 18.12.82 was fixed for examination of the complainant and his witnesses. On 18.12.82 the complainant and his witnesses did not appear and did not make any prayer for adjournment through any one. Yet the Village Court in the interest of justice fixed 25.12......order dated 15.1.83 passed by the Hathazari Union Village Court, Chittagong in U.P. Case No.16 of 1982-83 acquitting the 8 accused persons of the charge under section 379 of the Penal Code for taking away 100 aris of paddy (worth Taka 3,000/-) out of the possession of the complainant......shy;dings before the Special Tribunals. In the result, the Rule is discharged. Md. Abdul Jalil J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 14. ......shy;dings before the Special Tribunals. In the result, the Rule is discharged. Md. Abdul Jalil J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 14. ..Category: Criminal Law | Date: 23 Jul, 1985 | Hits: 1
Ranjit Kumar Rakshit Vs. Sudhir Kumar Chowdhury, 1985, 14 CLC (HCD)
....e defendant on 26.9.83 filed an application for addition of Bangladesh Railway and its General Manager defendants 2+6 in the suit. By the impugned order the learned Munsif rejected the said prayer on the ground that the application was seriously opposed and it will hinder progress of ......cted against order No.98 dated 26.9.83 passed by Mr. Md. Taha Mollah, Munsif, 1st Court, Sadar Chittagong in Other Suit No.91 of 1980 rejecting the defendant's application dated 26.9.1983 praying for addition of Bangladesh Railway and its General Manager as defendants in the suit. 2. T...... amendment of the plaint. Having regard to the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 39. ...... amendment of the plaint. Having regard to the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 39. ..Category: Civil Law | Date: 10 Apr, 1985 | Hits: 1
Anath Bandhu Saha & others Vs. M/S. Premier Soap Co. Ltd, 1985, 14 CLC (HCD)
....stration of the trade marks of the plaintiff u/s. 46 of the Trade Marks" Act and that matter is still pending before the Registrar of Trade Marks, and prayed for rejection of the plaintiff's prayer for temporary injunction. 5. The learned District Judge after hearing the objections aga....... 23 and 24 of 1983. Judgment Sultan Hossain Khan J.- These two appeals have arisen out of two judgments and orders dated 13.6.1983 passed by the learned District Judge, Dhaka in two suits for permanent and mandatory injunction regarding infringements of trade marks. These two appeal......ected to dispose of the suits expeditiously preferably within two months of the arrival of the record in his court. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 135. ......ected to dispose of the suits expeditiously preferably within two months of the arrival of the record in his court. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 135. ..Category: Intellectual Property Law | Date: 11 Feb, 1985 | Hits: 7
Abu Taher and others Vs. Mst. Razia Begum and another, 1984, 13 CLC (HCD)
....sent. They are tried in absentia. On repeated calls the learned lawyer is found absent. His junior appears but he is reluctant to proceed with the case. Waited for half an hour. There is no prayer for time. I cannot wait indefinitely for the lawyer. This is a long pending case. The tr......th the active help and connivance of all other accused persons. The complainant was mentally and physically tortured by the accused persons as she raised objection. The second marriage was fixed for solemnisation on 14.7.80. On 12.7.80 complainant Razia Begum was abducted by the accused pe......ted. Let a copy of this judgment be sent to the trial Court immediately. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 18. ......ted. Let a copy of this judgment be sent to the trial Court immediately. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 18. ..Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2
Habibur Rahman Talukder Vs. Shaha Alam Mia and others, 1984, 13 CLC (HCD)
....f and there will be multiplicity of proceedings in the matter and that purpose of the appeal will also be frustrated. The respondent-petitioner appeared and filed a written objection against the said prayer for stay. After hearing the learned Advocates of both the parties, the learned District Judge......contested the said election and the appellant opposite party No.1 was declared elected as the Chairman by the returning officer. The respondent-petitioner filed Election Case No.1 of 1984 before the Election Tribunal Jhalokati (Munsif, 1st Court) on the allegations inter alia that the appe......gations." I do not find any ground for interference in the matter. This Rule is, therefore, discharged with cost. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 71. ......gations." I do not find any ground for interference in the matter. This Rule is, therefore, discharged with cost. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 71. ..Category: Civil Law, Election Law | Date: 2 Dec, 1984 | Hits: 2
The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)
....to prove his case. In the 4th affidavit the contemner repudiated the contentions of the Munsif-Magistrate in the 3rd affidavit. 16. During the hearing of the two contempt Rules, a prayer was made on behalf of the contemner to examine witnesses in this Court to determine which of ...... Criminal Misc. Case No.24 of 1984 the contemner Mr. Abdul Karim Sarker, Upazilla Nirbahi Officer (U.N.O), Chilmari, District Kurigram was asked to show cause on 19.3.84 why he shall not be convicted for contempt of Court for interfering with the administration of the justice by putting various pres...... with the record duly attested by the learned Deputy Attorney General. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 26. ...... with the record duly attested by the learned Deputy Attorney General. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 26. ..Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1
Sabitri Rani Dey Vs. The State, 1984, 13 CLC (HCD)
....etropolitan Magistrate extended the period for a further period of 30 days in exercise of his power under section 157 (5) Cr.P.C. by passing the following order on 28.6.83:— "Seen the prayer of I.O. who prayed for one months time extension. The prayer is allowed upto 29.7.83." ...... Kotwali Police Station G.D. No.78 dated 2.4.83 regarding the unnatural death of one Sati Rani Basak, wife of absconding accused Biswanath Basak of 502/2 Gurkhal Doctor Lane Patherghata, Chittagong informant Assistant Sub-Inspector Md. Abdul Aziz went to the said place and found the dead body o......accused petitioner. In the result, the Rule is discharged. Md. Abdul Jalil J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 97. ......accused petitioner. In the result, the Rule is discharged. Md. Abdul Jalil J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 97. ..Category: Criminal Law | Date: 29 Oct, 1984 | Hits: 1
M/s. Gannysons Ltd. & anr. Vs. Sonali Bank & others, 1984, 13 CLC (AD)
....e and that had, therefore, no knowledge of the aforesaid title suit. As a result, they did not appear in the suit. Also the Government which was made a party did not take any steps. However, on the prayer of the appellant Company the proceeding in the execution case was stayed till October 20, 1......ision of the Supreme Court by the Constitution of Bangladesh, vide Article 104 to do complete justice in a case, it is declared that Gannysons Limited is not an abandoned property. It should, therefore, be immediately released…………(17) Lawyers Involved: T.H. K......8 of 1982 being infructuous will be withdrawn after release of the property within the aforesaid date. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 43. ......8 of 1982 being infructuous will be withdrawn after release of the property within the aforesaid date. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 43. ..Category: Property Law | Date: 20 Aug, 1984 | Hits: 24
Nurul Islam Vs. Md. Abdur Rashid & others, 1984, 13 CLC (AD)
.... more witnesses of the plaintiff were examined after the closure of the plaintiff's evidence notwithstanding the unsuccessful objection of the defence, and the High Court Division in affirming the prayer for examination of those witnesses observed that this should have neither been treated as a ......witness must be exercised judicially and not arbitrarily. Discretionary power under Order XIIX rule 17 of the Code of Civil Procedure shall have to be exercised subject to law of Evidence for the time being in force. Discretionary power of the Court cannot be exercised for helping the l...... In the result, the appeal is allowed and judgment and order of the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 32....... In the result, the appeal is allowed and judgment and order of the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 32...Category: Contract Law | Date: 20 Aug, 1984 | Hits: 199
Faiz Ahmad Vs. Kazi Abdul Wahab, 1984, 13 CLC (HCD)
....of Rambharosa Vs. Smt. Bifida Devi and another reported in A.I.R. 1956 Patna page 203. In view of the observation made the contention of the learned Advocate that the suit is not maintainable without prayer for cancellation of kabala Ext. Al is of no substance. 11. It is true that Court has not......Munsif, 1st Court at Sadar, Chittagong in Other Suit No. 109 of 1965. 2. The respondent Nos. 1-3 as plaintiffs instituted Other Suit No. 109 of 1965 in the 1st Court of Munsif, Sadar, Chittagong for declaration that bainanama dated 15.1.63 and kabala dated 8.3.65 executed by the plaintiffs are ...... below are affirmed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 357 ...... below are affirmed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 357 ..Category: Civil Law, Others | Date: 13 Aug, 1984 | Hits: 1
Arjuman Ali Vs. Abdus Samad & others, 1984, 13 CLC (HCD)
....ve no hesitation to hold that before moving of any application under section 526 of the Code in the High Court Division, one should move the Sessions Judge under Section 5268 of the Code provided his prayer for transferring case is from one Criminal Court to another criminal Court of the same Sessio......t High Court Division (Sylhet Bench) (Criminal Revisional Jurisdiction) Present: Md. Abdur Rouf J Md. Abdul Muttalib J Arjuman Ali................................Informant-Petitioner Vs. Abdus Samad & others.................Opposite-Parties Judg......g fair and impartial trial, if the case is tried by the learned Judge, the learned Advocate has submitted that the learned Judge showed favourable attitude towards the opposite party No.1 in not remanding him to custody on 27.6.84 and that the learned Judge upon wrong recording of the submissio...... as not being entertainable under Section 526 of the Code of Criminal Procedure. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 62. ..Category: Criminal Law | Date: 2 Aug, 1984 | Hits: 1
Bipin Chandra Ray Vs. Bunchuki Barmani, 1984, 13 CLC (HCD)
....huki Barmani.............................Opposite-Party Judgment July 31, 1984. Result: The Rule is discharged. Negative declaration A negative declaration sought by the prayer for a declaration that defendant No.1 is not the adopted son of plaintiff's father but th......rmani.............................Opposite-Party Judgment July 31, 1984. Result: The Rule is discharged. Negative declaration A negative declaration sought by the prayer for a declaration that defendant No.1 is not the adopted son of plaintiff's father but this, in ......from any error of law and there is no scope for revision. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 49. ......from any error of law and there is no scope for revision. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 49. ..Category: Property Law | Date: 31 Jul, 1984 | Hits: 2
Kala Meah (Member) Vs. The State, 1984, 13 CLC (HCD)
....ed expeditiously and at any rate within sixty days of the receipt of the records in the trial court. The learned Advocate for the appellant submits that the accused appellant be released or bail. The prayer for bail is rejected. Send down the records immediately. Syed Mohammad Ali J.&mdash......minal Procedure (V of 1898); Section 339B Trial absentia & Question of its legality Since neither the Upazila Magistrate nor the Ex-officio Sessions Judge asked the accused to appear before the trial court on any particular date nor directed the sureties to produce him he cannot be sa......e prayer for bail is rejected. Send down the records immediately. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 263;5 BLD (1985) 21. ......e prayer for bail is rejected. Send down the records immediately. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 263;5 BLD (1985) 21. ..Category: Criminal Law | Date: 22 Jul, 1984 | Hits: 1
Abdul Hashem Vs. Saleh Ahmed & others, 1984, 13 CLC (HCD)
.... the parties to the suit by filing written objection. After consideration of the materials and after hearing the parties the learned Subordinate Judge by his order No. 19 dated 10.8.1982 rejected the prayer of the petitioner to be added as defendant in the suit mainly on the ground that the suit is ......t No.24 of 1981. 2. The opposite party Nos.1-2 namely Saleh Ahmed and Mostafa Kamal as plaintiffs instituted the said Other Suit No. 24 of 1981 in the Court of Subordinate Judge, Cox's Bazar for specific performance of Contract of sale, delivery of possession after execution and registratio...... suit thereafter will proceed in its usual course. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 303 ...... suit thereafter will proceed in its usual course. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 303 ..Category: Contract Law, Property Law | Date: 10 Jul, 1984 | Hits: 5
Azizur Rahman & others Vs. Jugal Kishori Sarkar & others, 1984, 13 CLC (HCD)
....7 of 1975 decreeing the suit in the preliminary form. 2. The plaintiff opposite party brought the suit for partition of her 8 annas share in the suit land comprised of 4 plots with an additional prayer for purchasing the 8 annas share of the defendant-in the dwellings house in plot No. 492 unde...... by the Subordinate Judge Rajabahi, in Title Appeal No. 120 of 1979 affirming the judgment and decree passed by the Munsif, Rajshahi, in O.C. Suit No. 17 of 1975 decreeing the suit in the preliminary form. 2. The plaintiff opposite party brought the suit for partition of her 8 annas share in th....... Rajshahi (Sadar) with a direction to dispute of the suit as early as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 351 ....... Rajshahi (Sadar) with a direction to dispute of the suit as early as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 351 ..Category: Family Law | Date: 20 Jun, 1984 | Hits: 2
Eastern Maritime & Trading Corpora¬tion Vs. Sea Trade & Cons¬truction Limited, 1984, 13 CLC (HCD)
....ected against the judgment and order dated 29-1-84 passed by Mr. Md. Shamsher Ali, Subordinate Judge, 3rd Court, Chittagong in Money Suit No.3 of 1984 which is in the following terms: “The prayer for attachment before the judgment of the Vessel M.V. Haci Sefer Kalkavan in question be allo......hellip;…………Opposite party Judgment June 12, 1984. Result: The appeal is dismissed. Whether appeal lies against a conditional order of Attachment before judgment- Conditional orders of attachment-before Judgment are not appellable-Code of Civi......ispose of the suit as expeditiously as possible. Ed. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 213; 5 BLD (1985) 49. ......ispose of the suit as expeditiously as possible. Ed. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 213; 5 BLD (1985) 49. ..Category: Admiralty Law or Maritime Law | Date: 12 Jun, 1984 | Hits: 5
Abdul Jaher Vs. Abdul Kader & others, 1984, 13 CLC (HCD)
....ndant petitioner obtained this rule against the judgment and order No. 15 dated 4.12.80 passed by Mr. M.K.A. Rouf, District Judge, Chittagong passed in Miscellaneous Case No. 333 of 1979 refusing the prayer of the defendant-petitioner to transfer Other Suit No. 183 of 1977 in the 1st. Court of Munsi......he Rule is discharged. Civil Procedure Code, 1908; Section 24 Transfer of suit when should be allowed – Ordinarily the plaintiff as the arbiter it is has the right to choose his forum and the courts should be very reluctant to disturb this right unless the defendant establishes......are available at Satkania, the application also does not appear to be bona fide. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 306, 4 BLD (1984) (HCD) 306 ......are available at Satkania, the application also does not appear to be bona fide. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 306, 4 BLD (1984) (HCD) 306 ..Category: Arbitration Law | Date: 30 May, 1984 | Hits: 2
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
....f the Rangpur Branch of the High Court Division reported in 35 DLR 244 where it was observed by his Lordship of the Single Bench that the suit of a Bank employee for a mere declaration without a prayer for damages for illegal dismissal would be hit by section 42 of the Specific Relief Act. The ......2. Facts in short are that G.M. Ali Baksha, Headmaster of Agarghata High School P.S. Paikgachha, District Khulna as sole plaintiff filed a suit, being Title Suit No.324 of 1976 in the Court of Munsif for a declaration that the resolutions adopted by the Managing Committee of the Agarghata High Schoo...... facts and circumstances of the case, there will however be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 7. ...... facts and circumstances of the case, there will however be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 7. ..Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4
Rafiqul Islam & others Vs. Md. Abdul Hoque & another, 1984, 13 CLC (HCD)
..... The Investigating Officer failed to complete the investigation within 60 days from the date of lodging the F.I.R. which expired on 26.11.83 as such he prayed for extension of time. On his prayer time was extended by the learned Magistrate by another 30 days on 28.11.83 but the investigat......ve the complainant's father who was scheduled to come on 26.9.83 at 7 PM. They went to launch Ghat but they did not find complainant's father in the launch. In the meantime the launch started for Khulna. Aforesaid Akramuzzaman and Mizanur Rahman requested the Serang to stop the launch a......rate Daulatpur, Khulna is vacated. Let the case now proceed in accordance with law. M. S. Ali J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 47. ......rate Daulatpur, Khulna is vacated. Let the case now proceed in accordance with law. M. S. Ali J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 47. ..Category: Criminal Law | Date: 11 Apr, 1984 | Hits: 1
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