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....ively.
IV. On failure of the respondent to act in terms of the above schedule, the matter may be proceeded with as per direction of the Hon'ble Court and till then the matter may be kept stayed on prayer before the Hon'ble Court.
That the petitioner's learned Advocate agreed to the terms and c......itioner.
Ozair Faruq, Advocate ‑ For the Respondent.
Matter No. 45 of 1988.
Judgment
Md. Mozammel Haque J. - This is an application under Sections 162 and 163 of the Companies Act, 1913 for winding up of the respondent‑company, namely Singa‑Bangla Garment Manufacturing Company (Pvt......ain 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.
......ain 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.
..
Category: Company Law | Date: | Hits: 190
Kutub Uddin Bhuiyan and others Vs. Sakhina Bibi and others, 1990, 19 CLC (HCD)
....ition dated 21.7.83, WO dated 24.5.83 against the petition. On perusal of the petition it appears that the proposed amendment will entirely change the nature and character of the suit. As such the prayer for amendment is rejected on contest." 4. Mr. Khan submits that the application for amendm......site Parties. Civil Revision No. 62 of 1985. Judgment AM Mahmudur Rahman J. - By this Rule the petitioners challenge an order of the learned Munsif, 6Lh Court, Dhaka rejecting an application for amendment of the plaint. 2. The petitioners instituted Title Suit No. 932 of 1982 in the Cour...... 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...Category: Property Law | Date: | Hits: 92
Abdur Rahman Vs. Shahanara Begum, 1990, 19 CLC (HCD)
....upon such payment the suit will be deemed to have been instituted on the, date of presentation of the application to sue as pauper. But under the provision of Order XXXIII rule 8 of the Code when the prayer for suing as a pauper is allowed the application for such permission is numbered and register...... 1986 by the 2nd Court of Munsif, Chittagong. 2. It appears that the plaintiff‑opposite party filed Miscellaneous Case No. 9 of 1985 in the 2nd Court of Subordinate Judge, Chittagong on 2.2.1995 for permission to sue as pauper for recovery of the sum of Tk. 3,09,667.00 on account of prompt valu......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.......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)
....ion under Order 7 rule 11 of the Code was again rejected. On their application issue No. 2 regarding valuation was taken up for hearing by taking off of the suit from the peremptory hearing list. The prayer on the part of the defendant petitioner to get the issue No. 2 regarding valuation heard at a......tement. Issues were framed by the Court and issue No. 2 was regarding correctness of the valuation given by the plaintiff in the suit. By order dated 16.4.86 issue No. 2 regarding valuation was fixed for bearing on 6.5.86. On that date the matter was not heard and ultimately it was heard on 21.7.86 ......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. ......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 (Md.) Vs. Moulvibazar Pourashava and others, 1990, 19 CLC (HCD)
.... show cause notice with ad‑interim order of injunction was issued and served upon the aforesaid defendant opposite parties but they did not show any cause or filed any written objection against the prayer for temporary injunction and hence the order of ad-interim injunction was made absolute on 7.......lslam, Subordinate Judge, Maulvibazar disallowing Miscellaneous Case No. 89 of 1985 under Order XLVII of the Code of Civil Procedure and vacating the order of stay dated 12.5.78. 2. Facts relevant for the disposal of the above rule may briefly be stated as follows: The petitioner as plaintiff ......this 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. ......this 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. ..Category: Trust/Waqf Law | Date: | Hits: 181
Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)
.... the night following 11th Bhadra, 1391 BS at about 1‑00 or 1‑30 AM on hearing hue and cry, he went to the house of the deceased Nur Miah and found him dead with his throat cut. At about the Fazar prayer time, wife of the victim Nur Miah reported to him that accused Khelu, Golap Taher and Hannan ......ions 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 sentenced to transportation for life by the judgment and order dated 30.8.96 of the Additional Sessions Judge. 2. Being aggri......are 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. ......are 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. ..Category: Criminal Law | Date: | Hits: 82
Abdul Quader Chowdhury Vs. Sayedul Hoque & others, 1990, 19 CLC (HCD)
....n application for temporary injunction restraining the defendants not to proceed with the demarcation of the land on the basis of shaham as granted in the Miscellaneous Case No. 100 of 1975‑76. The prayer for injunction was rejected by the learned Munsif leading to Miscellaneous Appeal No. 188 of ......989. 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. 564 of 1985 for declaration that order passed by the defendant No.......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. ......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
Bangladesh Vs. Dewan Obaidur Reza Chowdhury and Others, 1990, 19 CLC (HCD)
....of the trial Court. Apart from that, the instant suit was a suit for declaration of title only and in fact for correction of the alleged wrong record of right in the Khatian and there was neither any prayer for confirmation of his possession nor recovery of possession of the suit land. From that poi...... Appeal No. 260 of 1967 reversing those dated 28.8.67 passed by the learned Munsif, Sunamgonj, Sylhet in Title Suit No. 43 of 1966. 2. The present respondent as plaintiff instituted the above suit for declaration of his title in the disputed land described in the second schedule of the plaint. Pl......are 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. ......are 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. ..Category: Property Law | Date: | Hits: 101
Hosne Ara Begum Vs. Alhaj Md. Rezaul Karim and others, 1990, 19 CLC (HCD)
....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. ...... passed in Family Court Case No. 1 of 1988 filed by the wife petitioner and Family Court Case No. 1 of 1989 filed by the husband, opposite party No. 1 and remanding both the cases to the Family Court for trial. 2. The petitioner admittedly was married to the opposite party No. 1 on 10.4.82 on the......nalogous judgment and decrees dated 30.4.1989 passed in Family Court Case No. 1 of 1988 filed by the wife petitioner and Family Court Case No. 1 of 1989 filed by the husband, opposite party No. 1 and remanding both the cases to the Family Court for trial. 2. The petitioner admittedly was married ......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)
....es also by depositing the said amount on July 17, 1981 started Execution Case No. 14 of 1981 on behalf of all the joint decree holders under Order XXI rule 15 C.P.C. The Court on July 27, 1981 on the prayer of opposite parties directed the judgment‑debtor Saleha Khatun not to deliver the possessio......t of an order of the appellate Court made on March 17,1986 in Miscellaneous Appeal No. 254 of 1982 from an order of the executing Court dated April 22, 1982 gives rise to an important question of law for consideration. The question is whether the lower appellate Court was legally competent to direct......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. ......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
....ock" from the register which was given to the Ujala Match Works under No. 1294 in Class 34.
8. In the above back ground of this case the present application has been moved before this Court with a prayer for rectification of the register of Trade Mark as stated above. It is stated in the applicat......ttorney‑General-For the Respondent No. 3.
Matter No. 44 of 1988.
Judgment
Md. Mozammel Hoque J. - This is an application under section 72 read with section 46 of the Trade Marks Act, 1940, for giving a direction to the Respondent No. 3, Registrar of Trade Marks to rectify the register by ......ith 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.
......ith 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.
..
Category: Intellectual Property Law | Date: | Hits: 264
State Vs. Satya Narayan Sarada, 1991, 20 CLC (HCD)
....s order without filing any Naraji petition, the informant moved the learned Sessions Judge, Dinajpur by an application under section 435 read with section 436 of the Code of Criminal Procedure with a prayer for setting aside the impugned order of discharge and for further investigation of the case o...... GR case 149 of 1988 should not be quashed. 2. Facts giving rise to this Rule may briefly be stated as follows: One Naik Subedar Md. Majibar Rahman, BDR 23 Rifle Battalion, Dinajpur lodged First Information Report with the Kotwali PS Dinajpur on 15.8.88 alleging, inter alia, that on receipt of a ......ocedure. The Rule is therefore discharged. The order of stay granted by this Court and the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 529.......ocedure. The Rule is therefore discharged. The order of stay granted by this Court and the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 529...Category: Criminal Law | Date: | Hits: 72
Nannu (Md.) Miah Vs. Mosammat Peer Banu Bibi & another, 1990, 19 CLC (HCD)
....t filed a petition before the learned Judge under Order 7 rule 11 (d) of the Code of Civil Procedure for rejection of the plaint on the ground that it was barred by the principle of res judicata. The prayer was opposed by the plaintiff. The learned Judge after hearing the parties refused to reject t......1975 in the 1st Court of Subordinate Judge, Dhaka against petitioner Md. Nannu Meah in respect of some landed properties claiming 8 annas share therein. The suit was decreed on contest in preliminary form on 24.3.78 and final decree was passed on 30.11.78 on receipt of the Advocate Commissioner’s ......or of law. The impugned order is not liable to be interfered with, In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 526.......or of law. The impugned order is not liable to be interfered with, In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 526...Category: Procedural Law | Date: | Hits: 86
Abul Kashem Vs. Mafiz Mia and others, 1991, 20 CLC (HCD)
....n appeal being Election Appeal No. 3 of 1989 to the learned District Judge, Comilla against the decision of the Election Tribunal. During the pendency of the appeal the learned District Judge, upon a prayer made by opposite party No. 1, allowed an additional evidence to be introduced in the case to ......tion Tribunal Case No. 5 of 1988. 2. The material fact giving rise to this rule are that at the last Union Parishad election held in 1988 the petitioner, opposite party No. 1 and another contested for the office of Chairman of No. 10 Daudkandi (North) Union Parishad. There were 4 (four) polling c......mary School Centres. The impugned order of the learned District Judge is, accordingly, modified. The parties shall bear their own costs. Ed. This Case is also Reported in: 43 DLR (1991) 523. ......mary School Centres. The impugned order of the learned District Judge is, accordingly, modified. The parties shall bear their own costs. Ed. This Case is also Reported in: 43 DLR (1991) 523. ..Category: Election Law | Date: | Hits: 139
Motaleb @ Mutu and others Vs. State, 1990, 19 CLC (HCD)
.... was sent before the learned Sessions Judge for holding trial in respect of one accused person namely, Jharu Meah, the informant filed a petition for the first time before the Court of session with a prayer for sending the case back for further investigation in respect of the accused petitioner who ......the Rule are as follows: One Abdur Rahman lodged an FIR at Raipura Police Station against the petitioners whereupon Raipura PS Case No. 10(3)/86 was started. It was alleged in the FIR that on an information, Shahabuddin, father of the informant, and the accused petitioner attended a Darbar for th......ideration of materials on record. In the result, the Rule is discharged with the above observation and modification of the impugned order. Ed. This Case is also Reported in: 43 DLR (1991) 519.......ideration of materials on record. In the result, the Rule is discharged with the above observation and modification of the impugned order. Ed. This Case is also Reported in: 43 DLR (1991) 519...Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. Unimarine SA Panama and other, 1977, 6 CLC (HCD)
....fered by the plaintiff found that the provisions of Order 38, rule 5 were not complied with Placing reliance upon the said decision reported in 28 DLR 231 the learned Subordinate Judge found that the prayer could not be granted. In this connection, it is necessary to set out the provisions of Order ......d order dated 16.5.77 passed by the learned Subordinate Judge of the 3rd Court, Chittagong, in Money Suit No. 42 of 1977. 2. The Government, a plaintiff, filed a money suit against the defendants, for recovery of Tk. 1,01,47,500.00 for damage caused to 5109 metric tons of wheat, carried by defend......t-appellant but in view of our judgment there is no necessity of passing any order in the revisional application. ATM Afzal J.- I agree. Ed. This Case is also Reported in: 29 DLR (1977) 252. ......t-appellant but in view of our judgment there is no necessity of passing any order in the revisional application. ATM Afzal J.- I agree. Ed. This Case is also Reported in: 29 DLR (1977) 252. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 240
Farzana Huq Vs. Bangladesh, 1990, 19 CLC (HCD)
....titioner presented this petition calling in question the detention contending that the detenu is being detained without any lawful authority and in an unlawful manner. Respondent No. 1 opposed the prayer of the petitioner by filing an affidavit‑in‑opposition. It is averred that the detenu use...... of 1990. Judgment Bimalendu Bikash Roy Chowdhury J. - In this Rule under Article 102(2)(b)(i) of the Constitution of the People's Republic of Bangladesh, the petitioner, Farzana Huq has sought for an order for release of her husband, Sanaul Haq Niru, son of Shamsuddin Ahmed of village Kirtibu......t Narsingdi now detained in Dhaka Central Jail be set at liberty forthwith and to report compliance of the order to this Court within a week. Ed. This Case is also Reported in: 43 DLR (1991) 501.......t Narsingdi now detained in Dhaka Central Jail be set at liberty forthwith and to report compliance of the order to this Court within a week. Ed. This Case is also Reported in: 43 DLR (1991) 501...Category: Constitutional Law | Date: | Hits: 287
Ahmed Kabir Vs. Haji Mazahar Ahmed and others, 1990, 19 CLC (HCD)
.... relates to the jurisdiction of the Court and where the Court finds want of jurisdiction either pecuniary or territorial, the Court has to return the plaint. This provision has no application where a prayer is made for rejecting the plaint which is provided for in rule 11 of Order 7 of the Code of C......n against an order of the trial Court refusing to modify valuation of a suit as contemplated under section 8(c) of Court Fees Act upon an application filed by the defendant. 2. The facts necessary for disposal of this Rule are that the plaintiff instituted Title Suit No. 498 of 1981 in the Court ......ion of the suit after giving sufficient opportunity to both the parties. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 500. ......ion of the suit after giving sufficient opportunity to both the parties. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 500. ..Category: Procedural Law | Date: | Hits: 83
Mozammel Haque Vs. Uttara Bank, 1990, 19 CLC (HCD)
....ed for hearing on 28.8.84 on which date the plaintiff filed hazira but the defendant took no step. The learned Judge took up the application for amendment of the plaintiff opposite party, allowed the prayer for amendment of the plaint and directed to amend the plaint accordingly. Since the defendant....... 18 and 20 dated 28.8.84 and 2.9.84 respectively passed by the Commercial Court No. 1 in Title Suit No. 29 of 1984 should not be set aside. 2. The plaintiff‑opposite party filed a mortgage suit for recovery of Tk. 668118/‑ from the defendant‑petitioner on the allegations, inter aila, that ......t relates to the ground of re‑calling the order dated 28.8.84. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 498. ......t relates to the ground of re‑calling the order dated 28.8.84. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 498. ..Category: Property Law | Date: | Hits: 90
Mir Amir Ali Vs. State, 1991, 20 CLC (HCD)
.... (iii) That on 22.11.86 District Anti‑Corruption Bureau prayed before the Upazila Magistrate for staying the case till the sanction was accorded. Again on 10.1.87 another application with the same prayer was made by the Bureau for keeping the case suspended till the order was obtained and ultimat......Police Station under section 409 of the Penal Code by the Upazila Nirbahi Officer, Gobindaganj Upazila through Deputy Commissioner, Gaibandha which was sent to the District Anti Corruption Bureau for investigation by the Gobindaganj police. The facts of the case as narrated in the FIR in short, ......uashed. It is hereby directed that the accused petitioner be discharged from his bail bond. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 250. ......uashed. It is hereby directed that the accused petitioner be discharged from his bail bond. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 250. ..Category: Criminal Law | Date: | Hits: 104
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