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Ali Ahmed Malaker @ Kunai @ Malaker & others Vs. The State, 1990, 19 CLC (HCD)
....llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ......ck to the right scapulla on his back a little below injury No. 2. Injury No. 4 one oblique cut wound 7" x 1" x bone cut extending from midpoint of upper lip running laterally and down ward across the full cutting corresponding. Injury No. 5 one cut injury 5 x 1" x bone cut extending transversely fro...... 3. Informant Omar Ali has a son named, Serajul Islam, who started a shop at Bhojeshwar Bazar, which is 1/4th mile away from the informant's house. Informant's another son victim Tofazzal alias Tapu aged about 10 & 1/2 years used to carry food for his elder brother Serajul Islam at the shop of ..Category: Criminal Law | Date: | Hits: 67
Arshad Ali Vs. Momtaz Ali and another, 1991, 20 CLC (HCD)
.... to costs. The order of stay is vacated. Let the suit be proceeded with expeditiously. Communicate this order to the court concerned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 164. ......as confirmed on 5.5.50 and the auction purchaser took delivery of possession of the suit holding through Court on 15.7.51. 3. During the liberation war in 1971 the defendant‑opposite party No.1, full‑brother of the auction purchaser late Ajmat Ali came over to Mymensingh with his family from ......……………Petitioner Vs. Momtaz Ali and another................. Opposite Party Judgment December 9, 1991. Cases Referred To- Ganeshmal Vs. Kesorain Cotton Mills Ltd., 55 CWN page 349 (355) Lawyers Involved: SR Karmaker, Advocate ‑ For the Petitioner. No one ‑ Fo..Category: Procedural Law | Date: | Hits: 94
Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)
....the defendants over the title of the suit property. In that view of the matter cross‑objection filed by the respondent No. 1 is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 360. ......xecuted and registered. The plaintiff got Title Suit No. 417 of 1982 filed by the defendant No. 2 and obtained order of status‑quo against defendant No. 1 for delaying the matter. The plaintiff was fully aware of the permission accorded by the DIT for transfer and was fully satisfied as to the rig...... as he had not the requisite fund to deposit the transfer fee and service charges and the plaintiff caused service of the alleged legal notice by the defendant No. 2 in collusion with him and also managed to publish notices by defendant No. 2 in the newspapers. It was due to the plaintiff's failure ..Category: Civil Law | Date: | Hits: 92
Md. Abul Hashem alias Bachhu Vs. Abdul Latif, 2009, 38 CLC (HCD)
....rder 9 Rule 13 of the Code of Civil Procedure are set aside and the ex parte decree dated 29.12.1982 is upheld. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 441, 8LG (2011) HCD 305. ......, concocted, motivated and without any basis; that the summons and copies of the plaint were duly served upon them by the process server in accordance with law before so many witnesses; that they had full knowledge about the institution of the Title Suit No. 370 of 1982 and deliberately and intentio......rder 9 Rule 13 of the Code of Civil Procedure are set aside and the ex parte decree dated 29.12.1982 is upheld. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 441, 8LG (2011) HCD 305. ..Category: Property Law | Date: | Hits: 82
Anika Ali Vs. Rezwanul Ahsan, 2011, 40 CLC (AD)
....on. This petition is dismissed with the above observations without, however, any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 77, 17 MLR (AD) (2012) 49. ......had gone abroad leaving the child with her mother. Claiming that the child is not safe in that house and was not receiving proper care and attention, the respondent prayed for an order of custody and full care and control over the child. 4. Family Suit No.322 of 2005 filed by the petitioner ......al occasions due to his drug addiction and he had also received treatment for his addiction in New Delhi as well as in Bangladesh. However, all this information was suppressed at the time of the marriage. It is alleged by the petitioner that in July, 2004 the respondent pushed her out of his house d..Category: Family Law | Date: | Hits: 327
Government of Bangladesh and others Vs. Md. Mustafizur Rahman Kanchan, 2011, 40 CLC (AD)
....eration of the judgment and order dated 08.04.2010 passed by the High Court Division in Writ Petition No.1086 of 2009 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......ubmitted a detailed report to respondent No.1 on 07.04.2005. In spite of the finding that the fishing area was less than that mentioned in the lease deed, the writ-petitioner was compelled to pay the full lease amount for the years 1412-1415 BS. Since the writ-petitioner had suffered loss, as the fi......eration of the judgment and order dated 08.04.2010 passed by the High Court Division in Writ Petition No.1086 of 2009 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 96
Government of Bangladesh and another Vs. Lutfun Nessa and others, 2010, 39 CLC (AD)
....n the submissions of the learned Counsel for the petitioners. Accordingly, the petitions are disÂmissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 141, VIII ADC (2011) 189. ......he parties made the Rule absolute declaring the order of the Land Administration Board as had been made without lawful authority. Thereafter, the then Additional Deputy Commissioner (Review) unsuccessfully moved Civil Petition No.166 of 1998 before this Court. Their predecessor thereÂupon mutated h......n the submissions of the learned Counsel for the petitioners. Accordingly, the petitions are disÂmissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 141, VIII ADC (2011) 189. ..Category: Property Law | Date: | Hits: 93
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. ...... company. The petitioner stated that the respondent No. 1 was never a bona fide manufacturer of any toilet soap or washing soap for the 'Capri' During all the past years the petitioner is going on in full production of toilet soap 'Capri' and hence the certificate of registration given by the respon...... .............Respondents. Judgment April 4, 1990. Cases Referred to- Chiswick Products Ltd. Vs. The Registrar of Trade Marks, Karachi and another, PLD 1975 (Kar) 421; 1899 Appeal Cases page 428. Lawyers Involved: Asrarul Hossain, Advocate ‑ For the Petitioner. Abdur Rashid K..Category: Intellectual Property Law | Date: | Hits: 219
Rustom Ali Vs. Jamila Khatun, 1990, 19 CLC (HCD)
....ge and it was held by a Division Bench consisting of the Honble Chief Justice Sir, Richard Garth, as follows: "As to the first point, the law is stated thus in Baillie's Digest, P. 443:‑ "When a woman sues her husband for maintenance for time antecedent to any order of the Judge or mutual agree......We think, therefore, that as in this case no decree for agreement for maintenance was made before this suit, the maintenance should have been made payable only from the date of the decree." Respectfully agreeing with the above decision I am of the view that the wife is not entitled to past mainte......plication filed a suit before the learned Munsif, Fulbaria Upazila, in the District of Mymensingh, acting as the Family Court under the Family Courts Ordinance, 1985, claiming dissolution of her marriage with the petitioner of this revisional application and maintenance for herself and her son with ..Category: Family Law | Date: | Hits: 253
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. ......inst him and I believe that this confession was voluntarily made. It was taken in my presence and hearing and was read over to the person making it and admitted by him to be correct and it contains a full and true account of the statement made by him." 7. We having examined the confessional state...........Petitioners Vs. The State......................................Opposite Party. Judgment February 15, 1990. Cases Referred to- Zeheda Bewa and another Vs. The State, 37 DLR at page 66; AIR 1936 Privy Council at page 253. Lawyers Involved: Lutfur Rahman Mondal, Advocate ..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.
......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.
......ed 21‑7‑71, P‑5426 dated 15‑7‑71 and P‑5427 dated 15‑7‑71 in the name of the plaintiff company as the mortgagor and the then Industrial Development. Bank of Pakistan, Dhaka as the mortagee for a total sum of Tk. 68,00,000.00 in respect of plaintiffs buildings, machinery and plants as..
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....... Bewa) the learned Advocate for the opposite parties submits that the amendment made in the plaint has not changed the character and nature of the suit and of the plaint but the amendment indicated a full and correct description of the properties in suit which is necessary for passing an effective d......lot No. 148 of Touzi No. 8173 of mouza Salia under Police Station Savar, District Dhaka originally belonged to the Dhaka Nowab Estate out of which 3.79 acres of land was given in settlement by the Manager of the said Estate under his memo. No. 591 DG 15‑8‑51 to one Abdur Rashid Bepari son of Abd..
Category: Property Law | Date: | Hits: 146
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. ...... that a suit for specific performance of contract with a co‑sharer of Dinesh was brought which is still undisposed of. This informant PW1 deposed before the Court that on 20.11.86 he along with his full brother PW 3 Matin, cousin PW 4 Shahid, sister's husband PW 5 Shamsuddin, his cousin Shamsul Hu......ovides that culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender's having taken undue advantage or acted in a cruel or unusual manner. In this case there was certainly premeditation on the sid..Category: Criminal Law | Date: | Hits: 61
....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.
......ghest was accepted by the government and part possession of the Ferdous Tannery has been delivered to the plaintiff. The government failed to makeover possession of other assets of Fordous Tannery in full in spite of best efforts made by the plaintiff. As per terms of agreement, inventory, balanceâ€......rties which he purchased from the Government. He signed the deed of agreement with an objection but it was not endorsed in it. The inventory was changed by the Ministry. He put his signature in five pages of the inventory which is subsequently changed by the Ministry. He was forced to accept the cha..
Category: Property Law | Date: | Hits: 73
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.......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.......of the Penal Code. The learned Magistrate passed a sentence of 7 (seven) months RI against each of the accused petitioners. It appears that petitioner No. 1 is an old man of 80 years. Considering the age of the petitioner No. 1, however, I reduce his sentence of 7 months' rigorous imprisonment to 3 ..Category: Criminal Law | Date: | Hits: 66
Lukus Miah Vs. State, 1991, 20 CLC (HCD)
.... child. We are of opinion that the fact of the present case as disclosed above does not come within the mischief of section 493 BPC which runs as follows: "493. Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohab......inion that the fact of the present case as disclosed above does not come within the mischief of section 493 BPC which runs as follows: "493. Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual in...... section 4(c) of the Cruelty to Women Ordinance runs as follows: "4. Penalty for kidnapping or abduction of women for unlawful or immoral purposes etc.- Whoever kidnaps or abducts any women of any age : (a).................................. (b).................................. (c) in or..Category: Criminal Law | Date: | Hits: 68
....ned Advocate for the petitioner. On the contrary they go against him.
In the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 223.
......naging. Director and the Factory‑in‑Charge under section 25(1)(b) of the Employment of Labour (Standing Orders) Act, 1965 for reinstatement in service in his former post under the petitioner with full back wages after setting aside the order of his dismissal dated 25.7.85.
4. Respondent No. 2......ector and the Factory‑in‑Charge under section 25(1)(b) of the Employment of Labour (Standing Orders) Act, 1965 for reinstatement in service in his former post under the petitioner with full back wages after setting aside the order of his dismissal dated 25.7.85.
4. Respondent No. 2 Worker Ash..
Category: Employment/Service Law | Date: | Hits: 89
Bangladesh Inland Water Transport Corporation Vs. Nazma Transport Company, 1991, 20 CLC (HCD)
.... Court and the Marine Court is at liberty to proceed with the proceeding in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ......e vessel MV Modhumati lodged an information in Golachipa PS being GD entry No.566 dated 25.6.85 about the accident. The plaintiff took some time to collect particulars of the defendant and on getting full particulars the plaintiff wrote a letter to the defendant on 22.1.86 informing about the accide......n her way to Patuakhali, defendant's vessel MV Ferdous Khan suddenly dashed the plaintiffs vessel MV Modhumati at the port side in violation of the Navigation Rules and Regulations causing serious damage to MV Modhumati. The above collision took place due to fault, carelessness and negligence of the..Category: Admiralty Law or Maritime Law | Date: | Hits: 164
Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....of Tk. 100/-, in default, to suffer simple imprisonment for 1(one) day. They respondent No.2 is let off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ......s who suffer from lack of effective delivery system of the judiciary in relation to bail, particularly stay of interim order of the High Court Division by the Chamber Judge before the matter receives full consideration by the Appellate Division, that the restrictions imposed by the law of Contempt m......il but at the same time, he stayed the genuine bail orders granted in respect of other convicts of similar nature. He further commented that leaving aside the code of ethics, they (Judges) are now engaged in resorting to the use of the arms of the law of contempt to cover up their misdeeds. 3. He..Category: Criminal Law | Date: | Hits: 124
Provas Chandra Banik Vs. Naresh Chandra Banik and others, 2009, 38 CLC (AD)
....e find no substance in the submission of the learned Advocate for the petitioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ......e find no substance in the submission of the learned Advocate for the petitioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ......dge, Comilla, which was ultimately decreed on 25-11-1918 AD in favour of the plaintiff Nabaddip ChanÂdra Banik. Plaintiffs' further case is that Sree Nabaddip Chandra Banik purchased the entire mortgaged property and the sale certificate was issued in his favour on 20-7-1920 and the sale was duly c..Category: Property Law | Date: | Hits: 75
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