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Anath Bandhu Saha & others Vs. M/S. Premier Soap Co. Ltd, 1985, 14 CLC (HCD)
....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. ......its for permanent and mandatory injunction regarding infringements of trade marks. These two appeals have been heard together and are disposed of by this judgment as common questions of fact and law are involved in both of them. 2. The plaintiff has instituted the suits to restrain the def..Category: Intellectual Property Law | Date: 11 Feb, 1985 | Hits: 7
H.N. Fabrics Ltd. Vs. Mallick Textile Industries and others, 1985, 14 CLC (AD)
.... contract which could be enforced by specific performance. In the result this petition is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 126. ...... as to the manner in which the transaction already agreed to will in fact go through. In the former case there is no enforceable contract either because the condition is unfulfilled or because the law does not recognize a contract to enter into a contract. In the latter, case there is a binding ..Category: Contract Law | Date: 15 Jan, 1985 | Hits: 1288
Abu Taher and others Vs. Mst. Razia Begum and another, 1984, 13 CLC (HCD)
....iod of 180 days from the date of commencement of the Ordinance (which was substituted by the words ''360 days" by Ordinance No.LX of 1982 on 30.12.82), that in view of the aforesaid provision of law the Metropolitan Magistrate illegally and arbitrarily stopped the trial and release......ama dated 22.1.73. Out of the wedlock two sons were born to her. Accused Abdul Mannan went to Qatar in November, 1978 to work as a Motor Mechanic. The complainant used to live with her father-in-law in a building known as Halima Hoque building, P.S. Panchalaish, District Chittagong. Accus..Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2
Habibur Rahman Talukder Vs. Shaha Alam Mia and others, 1984, 13 CLC (HCD)
....t Rule. 4. Mr. Abdul Quayum the learned Advocate for the petitioner, argued that the Election Tribunal is not a Court and as such the District Judge who is the appellate authority under the provision of the Local Government (Union Parishad) Ordinance, 1983, (Ordinance No.XL of 1983) (herei...... of Civil Procedure reads as follows; "4(1). In the absence of any specific provision to the contrary, nothing in this Code shall be deemed to limit or otherwise affect any special or local law now in force or any special jurisdiction or power conferred, or any special form of procedure pr..Category: Civil Law, Election Law | Date: 2 Dec, 1984 | Hits: 2
The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)
.... 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. ......rranted interference with the administration of justice. It is deliberately calculated to lower the image of judiciary in public eyes. It is a contumacious disregard of the dignity of a Court of law which must be visited with appropriate punishment. We find the contemner guilty of contempt..Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1
The State Vs. Mosammat Mallika Khatun, 1984, 13 CLC (HCD)
....s affirmed. Let the lower Court records be sent down immediately. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 53. ......c fits. He denied the defence suggestion that he murdered his brother Abdur Rashid. 6. P.W.2 Kabiran Nessa is the mother of deceased Abdur Rashid. The condemned prisoner was her daughter-in-law. P.W.2 stated in her evidence that the occurrence took place on the 10th Chaitra, 1388 B.S. at a..Category: Criminal Law | Date: 25 Nov, 1984 | Hits: 1
Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)
....ion itself? 8. With due respect we find ourselves unable to agree with the ratio decidendi of the decision reported in (1951) 3 DLR (Dhaka) 383. The decision does not take into consideration the provision of section 80 of the Evidence Act which is as follows:— “Whenever any doc......al Appeal No.48 of 1984 is allowed in full. When a recorded confession proves itself without calling the Magistrate who recorded it. When the confession has been recorded in accordance with law by observing all the formalities prescribed by law (i.e. by observing all the formalities prescr..Category: Criminal Law, Evidence Law | Date: 4 Nov, 1984 | Hits: 4
Dy. Secretary, Ministry of Commerce Vs. Nizamuddin Haider, 1984, 13 CLC (HCD)
....tion of the civil Court cannot be completely ousted even in the face of express ouster of jurisdiction in a given statute. It has been repeatedly laid down by several judicial pronouncements that any provision made in a particular statute barring the jurisdiction of the civil Court to call in ques&s......nage and conduct the affairs of the said Chamber of Commerce and Industry. 3. The defendants resisted the application for temporary injunction on the ground that the impugned order has been lawfully passed and the plaintiff has no cause of action for injunction and that it is also bar..Category: Civil Law | Date: 31 Oct, 1984 | Hits: 2
Sabitri Rani Dey Vs. The State, 1984, 13 CLC (HCD)
....run Kanti Chakrabarty and accused Ramani Mohan Basak were discharged. On 23.10.83 accused Sabitri Rani Dey had prayed before the Chief Metropolitan Magistrate for stopping the investigation under the provision of section 167(5) Cr.P.C. but the learned Chief Metropolitan Magistrate rejected the praye......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
Zaheda Bewa & anothers Vs. The State, 1984, 13 CLC (HCD)
.... It is a settled principle of law that the requirement of adherence to the provisions of section 164(3) Cr.P. C. is not a mere matter of form, but one of substance. Section 164(3) is a mandatory provision of law as has been settled by the Privy Council in the case of Nazir Ahmed Vs. King-Empero......by P.W.5. A hand-written statement on a plain piece of paper has been signed at the bottom by P.W.5 and that is what has been termed as a judicial al confession. 12. It is a settled principle of law that the requirement of adherence to the provisions of section 164(3) Cr.P. C. is not a mer..Category: Criminal Law | Date: 25 Oct, 1984 | Hits: 6
Tayeb Ali & others Vs. State, 1984, 13 CLC (HCD)
....;of the Penal Code and convicted and sentenced to suffer R.I. for ten years. Syed Muhammad Husain J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 245 ......accused persons namely Tayeb, Nayeb, Mannaf and Saidur running away. When they tied the abdomen with a gamcha and after that P.W. 2 Yakub Ali Malitha came there. This witness was admittedly nephew-in-law of P.W. 1 Yusuf Ali Malitha. But from the defence side there was no suggestion of his having any..Category: Criminal Law | Date: 29 Aug, 1984 | Hits: 1
M/s. Gannysons Ltd. & anr. Vs. Sonali Bank & others, 1984, 13 CLC (AD)
....gladesh Abandoned Property (Management, Control and Disposal) Order, 1972 (President’s Order No. 16 of 1972). A company which has been incorporated as a limited company under the provisions of the Company Act in the territory now comprising Bangladesh, it can be declared and t......which, in the opinion of the Government, is not prejudicial to the interest of Bangladesh; (b) Any property which is in the possession or under the control of the Government under any law for the time being in force. Explanation.— "Person who is not present..Category: Property Law | Date: 20 Aug, 1984 | Hits: 24
Nurul Islam Vs. Md. Abdur Rashid & others, 1984, 13 CLC (AD)
.... 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....... 17 to recall 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 f..Category: Contract Law | Date: 20 Aug, 1984 | Hits: 199
Faiz Ahmad Vs. Kazi Abdul Wahab, 1984, 13 CLC (HCD)
....t or irregularity in any proceedings in the suit, not affecting the merits of the case or the jurisdiction of the Court.” Upon a consideration of the materials on record and in view of the provision of section 99, section 100 and section 101 C.P.C. I do not find any il......nder section 39 of the Specific Relief Act, that the Courts below have not considered certain D.Ws. whose evidence is vital in deciding the case; that the Courts below committed an error of law in accepting the report of the handwriting expert when be could not give any definite opinion ab..Category: Civil Law, Others | Date: 13 Aug, 1984 | Hits: 1
Arjuman Ali Vs. Abdus Samad & others, 1984, 13 CLC (HCD)
....essions case without waiting for the records of the said complaint case. 6. Before considering those contentions of the learned Advocate of the petitioner we like to consider that in view of the provision of Section 5263 of the Code of Criminal Procedure whether the present application under Se......uently the learned Judge extended the bail of the opposite party No.1 up to 27.6.84 while the opposite party No.1 prayed for extension of his bail on medical ground the petitioner through his engaged lawyer opposed party No.1 had been maintaining sound health. The petitioner also pressed for calling..Category: Criminal Law | Date: 2 Aug, 1984 | Hits: 1
Bipin Chandra Ray Vs. Bunchuki Barmani, 1984, 13 CLC (HCD)
.... the Court may, in its discretion, make there in a declaration that he is so entitled, and the plaintiff need not, in such suit, ask for any further relief". From a reading of the aforesaid provision it is found that section 42 of the Specific Relief Act entitles a person to come to Court ......f her title to a legal character as legal heir of her father……............(10) Consequential relief relating to the possession does not arise It is a settled principle of law that if any plaintiff seeks any declaration of any right to property and he has no possessi..Category: Property Law | Date: 31 Jul, 1984 | Hits: 2
Dula Meah Vs. Md. Ibrahim Khalil @ Ibrahim Khalil, 1984, 13 CLC (HCD)
....he court in execution. Parties are made to bear their own costs throughout. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 93. ......his admitted signatures which he was entitled to do under section 73 of the Evidence Act. Non-consideration of the opinion arrived at by the learned trial Court after comparison is a serious error of law. The learned Subordinate Judge has not also himself compared the disputed signature with the adm..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Bazlur Rahman Vs. Jan Mohammad, 1984, 13 CLC (HCD)
....he appeal is remanded to him for fresh decision. Send s down the records at once to the Court concerned. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 79. ......etting aside the judgment and decree passed by the learned Munsif. Mr. Azizul Hoq, the learned Advocate for the appellants submitted that the learned Additional District Judge committed error of law in finding the suit to be unmaintainable only because questions of title were involved in the su..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Kala Meah (Member) Vs. The State, 1984, 13 CLC (HCD)
....used to appear before the trial court on any particular date including 23-1-S3 and subsequent dates nor directed the sureties to produce the accused on any such date, there was no compliance with the provisions of sub-section 2 of section 339B of the Code of Criminal Procedure and also sin......ot turned up. It appears that they were bailed out from the Court below. Let them be tried in absentia. To 1-11-83 for O.T. (open trial). Notify P.P. to engage an A.P.P. and also a state defence lawyer. Make over the C.D. to the A.P.P.” 7. Thereafter on 1-11-83 charge was framed unde..Category: Criminal Law | Date: 22 Jul, 1984 | Hits: 1
Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)
.... P.W.6 and 7 to the I.O. are not long after the occurrence and these corroborate their subsequent statements on the point of identification of the accused before the Court in accordance with the provisions of section 157 of the Evidence Act. Their testimony on this point is corroborated by the ......ng witnesses to identify the properties which are the subject matter of offence or to identify the persons said to have been involved in the commission of the offence. It is settled principle of law that if a witness deposes in Court regarding the identification of the accused as the doer ..Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6
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