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Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)
.... Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ......a sudden an unpremeditated occurrence took place resulting in the loss of 5 valuable lives and also injuring some more others speaks volume that there was no premeditation, no pre‑plan or concerted action. The occurrence is nothing but an outcome of a sudden flash of rage, committed in the heat of..Category: Criminal Law | Date: | Hits: 68
Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)
....nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ......t by filing a written statement denying all the allegations made in the, plaint and contending, inter alia, that the suit was not maintainable in its present form, that the respondent had no cause of action for the suit, that the appellant got the suit land from her mother by a registered deed of gi..Category: Property Law | Date: | Hits: 110
Haji Md. Ishaque and others Vs. Rupali Bank, 1990, 19 CLC (HCD)
....uit and the Court below rightly rejected the plaint. In the result the appeal is dismissed with costs to the defendant respondent No. 1. Ed. This Case is also Reported in: 43 DLR (1991) 621. ......he plaintiffs having purchased the suit property during the pendency of the mortgage suit their purchase was hit by the doctrine of lis pendens and as such they have neither locus standi nor cause of action for the suit and that on their own admission in the plaint the plaintiff being out of possess..Category: Procedural Law | Date: | Hits: 67
Abdur Rahman Vs. Shahanara Begum, 1990, 19 CLC (HCD)
....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.......e absence of both the parties and as such bar under the provisions of Order IX rule 9 of the Code will not apply to the plaintiff‑opposite party to file a fresh suit in respect of the same cause of action. But under the provision of section 20 of the Ordinance the Code except sections 10 and 11 sh..Category: Civil Law | Date: | Hits: 106
Afsar Ali Chowdhury and others Vs. The People's Republic of Bangladesh, 1990, 19 CLC (HCD)
.... with approval. We find no substance in this application which is thus, rejected summarily. The stay granted earlier is here by vacated. Ed. This Case is also Reported in: 43 DLR (1991) 593. ......re with taking into consideration the delivery of the rice by the defendant, is not maintainable. It is further stated that the plaintiff has stated in paragraph No. 3 of the plaint that the cause of action arose on 30.6‑83 but the suit was filed on 17.4.90 and as such the suit is hopelessly barre..Category: Civil Law | Date: | Hits: 87
Sadharan Bima Corporation Vs. Bangladesh Shipping Corporation & others, 1990, 19 CLC (HCD)
....f or for any Breach of Duty or Breach of Contract on the Part of the Owner, Master, or Crew of the Ship, unless it is shown to the Satisfaction of the Court that at the Time of the Institution of the Cause any Owner or Part Owner of the Ship is domiciled in England or Wales: Provided always that...... considered the question of maintainability of admiralty suit before this Court after discussing in details the history of this Admiralty jurisdiction and held as follows: “So far as the present action for non‑delivery of the plaintiff's cargo is concerned thus jurisdiction of this Court is n..Category: Admiralty Law or Maritime Law | Date: | Hits: 195
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. ...... of the husband and that she is not also entitled to recover prompt dower as she never demanded the same from her husband; that if the husband pays the prompt dower then there will remain no cause of action for her suit; that by the impugned decrees Family Court gave the plaintiff right to reside in..Category: Family Law | Date: | Hits: 210
....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.
......ks. But, since this unit was sold in the year 1978 and purchased by the petitioners, BCIC lost its interest in getting the above trade mark for Sattar Match Works. Here I do not find any fraud in the action of BCIC Mr. Khandaker Mahbubuddin further submits that the fraud was also committed by the Re..
Category: Intellectual Property Law | Date: | Hits: 264
Nannu (Md.) Miah Vs. Mosammat Peer Banu Bibi & another, 1990, 19 CLC (HCD)
....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.......ported in AIR 1936 (Sind) 99, 1969 PLD (Dacca) 930 and 40 DLR (AD) 56. Mr. Meah Abdul Gafur, the learned advocate appearing on behalf of the opposite party on the other hand depends on a new cause of action that is on the ground of fraud and in such a case the principle of res judicata is no bar. He..Category: Procedural Law | Date: | Hits: 86
Abul Kashem Vs. Mafiz Mia and others, 1991, 20 CLC (HCD)
....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. ......of appeal an election petition cannot be amended, attempted to argue that the additional fact being merely a ground for setting aside the election the same cannot be said to be an additional cause of action. I am afraid I am unable to subscribe to his view. When opposite party No. 1 in his election ..Category: Election Law | Date: | Hits: 139
Enamul Huq (Md) & 2 others Vs. Syndicate, University of Dhaka, 1990, 19 CLC (HCD)
....he Writ Jurisdiction, with the impugned punishment given by the Syndicate. As a result, these three Writ Petitions are summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 507.......ts in the examination halls and those were countersigned by the relevant invigilators and they duly submitted the same. The Discipline Board of the University, however, recommended for a disciplinary action and that was approved by the Syndicate with the punishment of cancelling the examination of t..Category: Others | Date: | Hits: 112
Farzana Huq Vs. Bangladesh, 1990, 19 CLC (HCD)
....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.......ejudicial activities. At the hearing Mr. Julmat Ali Khan, the learned Advocate for the petitioner, first urged that there was no material in possession of the detaining authority to form the satisfaction requisite for ordering preventive detention u/s 3(1)(a) of the Act and hence the detention of..Category: Constitutional Law | Date: | Hits: 287
Nehal Uddin (Md.) and others Vs. Amena Khatun and others, 1990, 19 CLC (HCD)
....e. In the facts and circumstances of the case there will be no order as to costs. Let the lower Courts records be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 492.......artition of her total of 2.48 acres of land. 3. This suit has been contested only by defendant Nos. 2‑6 by filing a joint written statement. They contended that the suit was without any cause of action, that the plaintiffs kabala so far as the share of defendant Nos. 5 and 6 was concerned was v..Category: Property Law | Date: | Hits: 71
Delta Jute Mills Limited and another Vs. Sonali Bank and others, 1990, 19 CLC (HCD)
....hout lawful authority and is of no legal effect. Considering the facts of the case, we, however, award cost against Respondent No. 2 only. Ed. This Case is also Reported in: 43 DLR (1991) 483. ......its clearance certificate, from respondent No. 2 on settlement of disputes with them, no further drawing from the aforesaid cash credit account would be allowed from 1.7.87. In the promises the above action of the respondents are not only illegal but also mala fide. 5. Respondent Nos. 1 and 2 opp..Category: Company Law | Date: | Hits: 213
Government of Bangladesh and others Vs. Abul Hashem Khan, 2009, 38 CLC (AD)
.... is set aside. The case is, thus, dismissed. In the result, this appeal is, accordingly, allowed without any other as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 271. ......ly submitted that the Administrative Tribunal ought to have held that the instant case is a case of waiver and dot not come within the provision of Administrative Tribunal Act, 1980 as the impugned action was barred to be challenged being an order under MLO No.9 of 1982 and as such, the respondent..Category: Administrative Law | Date: | Hits: 160
Virginia Tobacco Co. Ltd. and others Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
....t the order No.8 dated 21.11.1985 has been made without any lawful authority. In the result, we make this Rule absolute. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 233. ......eping in view the scheme of the law, which is enacted to create a good relation between the employees and the employer and to secure their respective rights, that the fight of the employer to take an action under section 6 of the Act as has been taken in this case cannot be fettered with such limita..Category: Labour and Industrial Law | Date: | Hits: 129
Shahabuddin Vs. Abdul Gani Bhuiyan, 1989, 18 CLC (HCD)
....elates to sale of the salt and molasses and that of the learned Magistrate is restored. In the result, this Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 217. ......ions Judge acted illegally in making the order directing the sale of those commodities and to deposit the sale price thereof in the Court inasmuch as section 516A Cr.P.C. does not contemplate such an action with regard to the commodities in respect of which no offence is committed and which was not ..Category: Criminal Law | Date: | Hits: 64
Anwara Rashid and others Vs. Deputy Commissioner, Dhaka and others, 1992, 21 CLC (HCD)
.... the rules under judgment. In the result all the Rules are discharged without any order as to costs. Orders of stay stand vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 207. ......ed 10.10.91 and 22.10.91 by a welfare society formed by the illegal occupants of the Government khas land respondent No.4 by letter dated 18.11.91 informed Prime Minister's Secretariat that necessary action in the matter was taken. Thereafter respondent No.3 at the instance of interested quarters by..Category: Property Law | Date: | Hits: 79
Amanullah Zahangir Vs. State, 2009, 38 CLC (AD)
....r such circumstance, we do not find any merit in the submissions made on behalf of the petitioner, as such, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 253. ...... since special provisions has been provided under Section 138 of the Negotiable Instrument Act in the case of dishonouring of a cheque by the bank, a criminal proceeding for the selfsame cause of action under Sections 406/420/109 of the Penal Code is an abuse of the process of the Court. He furt..Category: Criminal Law | Date: | Hits: 50
Bangladesh Anjuman‑e-Ahmadiyya Vs. Secretary, Ministry of Home Affairs, 1986, 15 CLC (HCD)
.... forfeiting the book. For the reasons stated above this Rule fails and it is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 185. ......nst forfeiture is different, the application under Article 102 of the Constitution is misconceived and not maintainable under law. It has also been submitted by the respondent that no order passed or action taken under section 99A of the Code of Criminal Procedure forfeiting any book or publication ..Category: Constitutional Law | Date: | Hits: 204
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