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Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
.... operated as it getting supply only in two out of three phases whereas for operating the factory supply in all the three phases is required. The appellant informed the respondent’s bank and also the Executive Engineer of the Power Development Board for immediate restoration power supply an......public power supply (Dos Policy) and (ii) loss due to machinery (MBD Policy) and the policies were renewed 13-4-92. Later, to cover the risk of flood and cyclone, the appellant took another policy called Fire Policy, which was valid upto 15-5-92. 3. On 18-5-91 there was a cyclone ......aw. The plaintiff appellant is entitled to the statutory interest under section 47B of the Insurance Act 1938 and the High Court Division not granting the same met a mistake. Thus, judgment of the trial court granting the relief be restored. ………………&hellip......cts Ltd…………………………………………….. Appellant Vs. Reliance Insurance Ltd and others……………………………&..Category: Business or Commercial Law | Date: | Hits: 148
Shahabuddin (Md) & others Vs. Habibur Rahman and others, 1996, 25 CLC (AD)
.... 1996. The Code of Civil Procedure, 1908 (V of 1908) Order VII rule 11 The question of limitation being a question to be decided on examination of evidence and documents and also considering the relevant law in view of the reliefs prayed for, at the time of trial, the plaint......he reliefs prayed in the suit, the plaint cannot be rejected as prayed for. This petition is, accordingly, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 99. ......11 The question of limitation being a question to be decided on examination of evidence and documents and also considering the relevant law in view of the reliefs prayed for, at the time of trial, the plaint of the suit cannot be rejected as prayed for. …………(7)...... Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Shahabuddin (Md) & others…………. Petitioners Vs. Habibur Rahman and others ……………...Respondents Judgment May..Category: Property Law | Date: | Hits: 52
Fatema Bibi Vs. Sree Manik. Lal Somaddar & others, 1995, 24 CLC (AD)
.... of the High Court Division that the application was not maintainable. The land in question being non-agricultural in nature application under section 96 of State Acquisition and Tenancy Act was also not maintainable…………………..(6) Lawye......ity of the application for pre-emption the same calls for no interference. These petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 97. ......p; Latifur Rahman J.- Pre-emptor-petitioner filed Miscellaneous Case No. 3 of 1989 under section 96 of the State Acquisition and Tenancy Act and the same was allowed by the trial Court. Against that judgment and order pre-emptee respondents preferred Miscellaneous Appeal......lip;………………………………………….. Pre-emptor Petitioner Vs. Sree Binod Lal Somaddar and others……………………………....Category: Property Law | Date: | Hits: 51
Abul Hossain Mollah alias Abu Mollah Vs. State, 1997, 26 CLC (AD)
....arded under section 471 of the Penal Code for four years along with fine instead of maximum of two years along with fine, the highest punishment provided for under section 471 being two years of imprisonment, and also considering the circumstance on record, the period of sentence reduced to the peri......rgone and remitting the sentence of fine. Let the appellant be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 96. ...... the Revenue Office, Kashiani Upazila. The appellant however denied the charge and claimed to be innocent. On consideration of the evidence of 10 prosecution witnesses the defence examining none, the trial Court found the appellant guilty under section 471 of the Penal Code and accordingly sentenced......er section 471 of the Penal Code for four years along with fine instead of maximum of two years along with fine, the highest punishment provided for under section 471 being two years of imprisonment, and also considering the circumstance on record, the period of sentence reduced to the period alread..Category: Anti-Corruption Laws | Date: | Hits: 71
Golam Moula and others Vs. Gourpada Das and others, 1997, 26 CLC (AD)
.... High Court Division in Second Appeal No. 534 of 1978. 2. The appeal arose out of a suit, Title Suit No. 689 of 1976, brought by the first respondent in the Third Court of Munsif, Jessore, for declaration of title to and confirmation of possession in certain land. The case of the p......ts. We find no reason to interfere judgment of the High Court Division. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 95. ...... Nos. 2-3 who had since been in possession of the same and that defendant No. 1 had obtained an ex parte decree in Title Suit No. 59 of 1962 in respect of the land in question. 4. The trial Court on consideration of the facts and circumstances of the case and the evidence on record......Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Golam Moula and others………………….. Petitioner Vs. ..Category: Property Law | Date: | Hits: 49
Universal Pharmaceutical Ltd. and another Vs. Social Marketing Company, 1997, 26 CLC (AD)
....fendant-petitioners, Universal Pharmaceutical Ltd., from marketing and selling their product using the trade mark “ORALSALINE” and to withdraw all products of them from the market and also for a decree for compensation. On 1-4-95 an order of ad interim injunction was granted on the p......ts copyright. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 92. ......t the time of hearing of such matters and upon satisfaction of the Court that the plaintiff has been able to establish prima facie arguable case in its favour. Such findings are not binding on the trial court which will decide the matter on merit after taking evidence and without taking into con...... Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Universal Pharmaceutical Ltd. and another……………………………...Category: Intellectual Property Law | Date: | Hits: 242
Solaiman (Md) Vs. Sufia A. Alam being dead, her heirs Narjesa Rahamatullah & ors., 1995, 24 CLC (AD)
....dents Judgment November 16, 1995. The Transfer of Property Act, 1882 (IV of 1882), Section 106 The tenant defendant’s denial of the landlord plaintiff’s title without any valid reason may operate as forfeiture of tenancy and in such a case notice under section 106 of the Transfer......he learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit.  The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ......use Rent Controller in favour of her mother. He also denied the relationship of the landlord and tenant and asserted that as he is depositing rent in House Rent case he is not a defaulter. 4. The trial Court found, inter alia, that defendant No.1 was aware of the transfer of the ownership of the......ifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Solaiman (Md).…………………….Defendant-Petitioner Vs. Sufia Akhtar Alam being dead, her heirs Narjesa Rahamatullah and others...............Respondents Judgment November 16, 1995. The Transfer of Propert..Category: Tenancy Law | Date: | Hits: 78
Nurul Huq alias Md. Nurul Hoque Vs. State, 1997, 26 CLC (AD)
....cial Case No.72 of 1985 the petitioner was convicted by the Divisional Special Judge, Dhaka under section 409 of the Penal Code read with section 5(2) of Act II of 1947 and sentenced to rigorous imprisonment for one year and a fine of Taka 1000.00 in default, rigorous imprisonment for one month more......nd justly upheld the judgment of the trial Court. We find no reason to interfere therewith. This petition is therefore dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 88. ......s and to other finding of facts, this Division will not interfere as the learned Judge of the High Court Division has considered all material aspects of the case justly and upheld the judgment of the trial court………………….(4) Lawyers Involved: Abdul Malek Senior Advocate, instruct......5 & 73 The expert’s opinion is not a substantive piece of evidence. To the concurrent findings of the court below as to identical signature of the petitioner appearing on the Ext. 3 series and to other finding of facts, this Division will not interfere as the learned Judge of the High Cou..Category: Criminal Law | Date: | Hits: 95
Shahajadpur Central Co-operative Bank Ltd. Vs. Majibur Rahman and others, 1997, 26 CLC (AD)
.... settlement of the suit plot from the landlord Gazendra Nath Thakur and others through a registered patta followed by a registered Kabuliat. They have their Bank building on 0.38 acres of land on the southern side of the plot and had been possessing the suit land by erecting small shop rooms therein......laintiff’s application for amendment of the plaint is allowed. The trial Court shall proceed with the suit in accordance with law. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 86. ......sion in the suit land stating, inter alia, that during the pendency of the suit defendant No.1 in collusion with some of the tenants of the plaintiff dispossessed them from the suit land. 5. The trial Court by an order dated 7-3-90 rejected the prayer for amendment holding, inter alia, that the...... Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Shahajadpur Central Co-operative Bank Ltd……………….……………….Appellant Vs. Majibur Rahman and others………………….Respondents Judgment November 17, 1997. Result: The ap..Category: Property Law | Date: | Hits: 83
Enjaheruddin Mia alias Md. Enjaheruddin Mia Vs. Mohammad Hossain and others, 1998, 27 CLC (AD)
....re in the name on uncle Haji Abdullah. Their case, in short is that their father late Yasin Sheikh acquired the suit properties by different pattas and registered deeds and he died leaving behind two sons and three daughters namely. Mama Bibi (predecessor of defendant Nos. 6.13), Meherunessa (defend...... appellate Court. The impugned judgment of the High Court Division thus, does not call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 84. ......said deed of gift. According to the contesting defendants, the suit as framed is not maintainable. 3. On consideration of the oral evidence. 3 PWs and 5 DWs and number of documentary evidence the trial Court by its judgment and decree dated 30-6-91 decreed the suit. 4. On appeal, Title Appea......sent: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Enjaheruddin Mia alias Md Enjaheruddin Mia………………..Petitioner Vs. Mohammad Hossain and others………………….Respondent Judgment July 31, 1997. Result: The petition ..Category: Property Law | Date: | Hits: 93
Moulvi Md Khurshid Alam Vs. Bangladesh, 1997, 26 CLC (AD)
.... area for which a Nikah Registrar has been licensed. It appears that before amendment of Rule 10 of the Rules, (amendment was made on 19-1-93), the provision was that on the recommendation of the advisory committee a Nikah Registrar would be appointed for 5 to 10 Unions. Amended Rule 10 of the Ru......ni by curtailing, under section 4 of the Muslim Marriages and Divorces (Registration) Act, 1974, briefly “the Act the nikah registration area of the petitioner. In the Writ petition, the petitioner called in question the said order of the Government alleging, inter alia, that in 1991 he was appoin......vernment’s powers under section 4 of the Act is concerned. This petition, thus, merits little consideration. It is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 82. ...... Bimalendu Bikash Roy Choudhury J Moulvi Md Khurshid Alam ………………………………………………………… Petitioner Vs. Bangladesh, Secretary, Ministry of Law, Justice and Parliamentary Affairs and others............................Respondents Judgment November ..Category: Employment/Service Law | Date: | Hits: 137
Abdur Rahman and others Vs. Kheru Malitha and others, 1998, 27 CLC (AD)
....uit without seeking permission to sue afresh as contemplated under rule 1(2), the plaintiff is precluded from instituting any fresh Suit in respect of the subject-matter or the claim made in the suit so withdrawn. The withdrawal of a suit by necessary implication ………….. the effect of the jud......f setting aside of the decrees of dismissal while according permission to withdraw the suit being in consequence of the order of withdrawal is justified. So no interference with the impugned order is called for. Moreover, this petition is out of time by 33 days and the explanation for the delay......Court of Munsif, Kushtia for declaration of title with averments which are not necessary to be stated to decide the legal postulation made in this petition. 2. The plaintiff lost the case at the trial Court. His appeal, Title Appeal No. 84 of 1981 was also fruitless. The plaintiff thereafter pr......8) 71. ..Category: Property Law | Date: | Hits: 77
Government of Bangladesh Vs. Paresh Chandra Gharami and others, 1998, 27 CLC (AD)
.... and adducing evidence as to possession on the contrary the defendant government failing to prove foundation of making the suit property as vested property, plaintiffs prayer for title and the relief sought for declaration that the suit property is not vested property, cannot be denied…………â€......the High Court Division. No point of law of public importance is involved in this case. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 70. ......er alia, that the original record owners of the suit land had left this country for India and settled there long before 1965 and accordingly the property has been listed as vested property. 4. The trial Court dismissed the suit holding, inter alia, that the plaintiffs could not prove the basis of......M Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh………………..Defendant-Petitioner Vs. Paresh Chandra Gharami and others……Plaintiff- respondents Judgment May 15, 1997. Result: T..Category: Property Law | Date: | Hits: 73
Gazi Shamsul Hoque Vs. Deputy Commissioner, Dhaka and another, 1997, 26 CLC (AD)
....llegality but in establishing the legal right of respondent No. 2 we are not inclined to interfere in the matter. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 69. ......ight of respondent No. 2 we are not inclined to interfere in the matter. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 69. ......ords and materials found in the office room of the Headmaster. 5. The High Court Division found that during the pendency of the appeal there was no order of stay of the decree of dismissal of the trial Court. It was found in the said suit that the resignation letter of respondent No. 2 was obtai......al J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Gazi Shamsul Hoque……………………………….........Petitioner Vs. Deputy Commissioner, Dhaka and another…...…Respondents Judgment November 16, 1997. Result: The petition is d..Category: Employment/Service Law | Date: | Hits: 115
Golam Sarwar (Md) & others Vs. Md Liakat Ali and others, 1997, 26 CLC (AD)
....se on remand to the appellate court for re-hearing the appeal upon proper assessment of the evidence on record. But there may be cases where, in the interest of justice, the High Court Division may also consider the evidence which were not considered by the lower appellate court to uphold its judgme......te Court, We do not find any legal infirmity in the impugned judgment which calls for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 67. ......908 (V of 1908), Sections 115 If the High Court Division is satisfied that the lower appellate court has failed to consider any material evidence in reversing a finding of fact arrived at by the trial court, the proper course is to sent back the case on remand to the appellate court for re-hear......(Civil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Golam Sarwar (Md) & others…………Petitioners Vs. Md Liakat Ali and others........Respondents Judgment July 29, 1997. Result: The petition is dismisse..Category: Property Law | Date: | Hits: 74
Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)
....d claimed to have purchased the suit land from the owners-defendants at a consideration money of Taka 5,000.00 by two deeds dated 12.3.73 on the basis of a promise/agreement of 1968. This defendant also claims possession on the basis of registered deeds dated 13-2-73. 4. Leave was granted to con......id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ......tion rightly held that the lower Appellate Court on surmise and conjectures disbelieved the unregistered agreements which were proved by reliable and cogent evidence and confirmed the judgment of the trial court. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Seraju......Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Jahanara Begum……………………………………………………… Defendant-Appellant Vs. Md. Aminul Islam Chowdhury and others………………….Plaintiff-Respondents Judgment February 5, 1997. Res..Category: Property Law | Date: | Hits: 86
Hasna Banu & others Vs. Keamat Ullah Malitha and others, 1997, 26 CLC (AD)
....ondents. Civil Appeal No. 5 of 1993 (From the Judgment and order dated 27-2-92 passed by the High Court Division in Civil Revision No. 5913 of 1991(Dhaka), Civil Revision No. 200 of 1984 (Jessore). Judgment Latifur Rahman J. - This defendant-appellants, following leave is against the...... Court on the question of limitation and decreed the suit. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 50, 18 BLD (AD) 10. ......ntiff went a Bheramara Sub-Registrar’s Office on her own will and that after receiving the consideration money she executed and registered the kabala. The suit is liable to be dismissed. 4. The trial Court decreed the suit on the findings, inter alia, that the suit is not barred by limitation ......zal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Hasna Banu & others……………Defendant Appellant Vs. Keamat Ullah Malitha and others ……...Plaintiff-Respondents Judgment June 9, 1997. Result: The appeal is..Category: Procedural Law | Date: | Hits: 154
Utpal Kanti Das Vs. Monju Rani Das, 1997, 26 CLC (AD)
....defendant alleging that the defendant who was in love with her had married her on 6th October 1988 19th Aswin 1395 BS—according to the Hindu Shastra at Tarasree Kalimandir in presence of several persons. Subsequently on 8th October 1988 the plaintiff and the defendant together swore an affidavit b......hese hands being tied with kusa grass), is formally given to the bridegroom by her father or other guardian in marriage and is formally accepted by the bridegroom, who then recites the following text called the Hymn to Love: “Who gave her? To whom did he give her? Love gave her. To Love he gave he......odged as a student. The defendant also disclaimed the affidavit which he said was fake. The defendant did not take any plea that the marriage was invalid for want of any Shastric ceremony. 4. The trial Court disbelieved that there was any marriage between the plaintiff and the defendant and doub......1997. Result: The appeal is dismissed. Marriage according to Hindu Law Once celebration of a marriage in fact is established, there shall be a presumption of there being a marriage in law and observance of essential ceremonies even though every aspects of the elaborate program of the cer..Category: Family Law | Date: | Hits: 212
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
....0.10.91 and 4.12.1991 (constituting council committee for promotion) were issued under orders of the President, i.e. in terms of Article 55 (4) of the Constitution and have been issued under the proviso to Article 133. These notifications have the precision of rules and are general in nature in thei...... 1979 which was passed by the Government by Notification dated 23-8-79 in exercise of powers conferred by section 4 of the Service (Re-organisations and Conditions) Act 1975, a pool of Officers to be called the Senior Services Pool was constituted and all posts of Deputy Secretaries. Joint Secretari......d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ...... Latifur Rahman J Md. Abdur Rouf J Bimanendu Bikash Roy Chowdhury J Bangladesh represented by the Secretary, Ministry of Establishment……………Appellant Vs. Shafiuddin Ahmed and 2 others …………………………………………………Respondents (In Civil Appeal N..Category: Constitutional Law | Date: | Hits: 185
Samad Sikdar and others Vs. State, 1997, 26 CLC (AD)
....91 passed by the Sessions Judge, Shariatpur in Sessions Case No. 25 of 1990 convicting both the accused petitioners under sections 302/34 of the Penal Code and sentencing them to suffer rigorous imprisonment for life and also to pay a fine of Taka 5,000.00 each, in default to suffer rigorous impriso...... Judges of the High Court Division in appeal, the same calls for no interference. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 24. ...... Judges of the High Court Division in appeal, the same calls for no interference. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 24. ......ns) Judgment April 30, 1997. Result: The petitions are dismissed. The Evidence Act, 1872 (1 of 1872), Section 5 In both dying declarations names of the assailants are identical and the second dying declaration being nearer to death the learned judges rightly believed the same...Category: Procedural Law | Date: | Hits: 157
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