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Aumullaya Chandra Haldar Vs. Md. Mohsin Ali Mandal & others, 2002, 31 CLC (HCD)
...., as such, it should be maintained. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 54 DLR (2002) 500. ......as fixed at Taka 40,000 which was actually paid by the transferee and also stated in the bainapatra executed prior to the execution of the sale deed. It is contended further that the petitioner being full brother of the vendor was aware of the sale transaction from the very beginning and knew about ......000 was written in the kabala in question to avoid registration cost. Subsequently when the vendor, brother of the petitioner of the petitioner left the country for India, the petitioner taking advantage of quoting low price in the kabala, filed the present preemption case for illegal gain. 9. On..Category: Procedural Law | Date: | Hits: 75
MA Kabir Chowdhury and others Vs. M Mahbubur Rahman Miah & others, 2002, 31 CLC (HCD)
....he executing Court is directed to proceed with the proceeding of Other Execution Case No. 3 of 1997 in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 485. ......l Hossain, learned Senior Counsel submits that in the revision application neither orders dated 29-8-2001 and 9-9-2001 rejecting the repeated prayers for stay or injunction were neither mentioned nor full and fair disclosure of the facts and circumstances leading the revision application made. By mi...... “If material non-disclosure is established the Court will be astute to ensure that a plaintiff who obtains [ex parte injunction] without full disclosure……………. is deprived of any advantage he may have derived by that breach of duty” 16. In Lazarus Estate Ltd. Vs. Beasley, 1956(1)..Category: Civil Law | Date: | Hits: 125
Angur Vs. State, 1988, 17 CLC (HCD)
....e anything for which the pardon already tendered to him can be forfeited. He should be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (1989) 66.......e Penal Code against two other accused persons and proceeded with the trial of those two accused persons and in that trial the present appellant Angur who was made an approver deposed as P.W.7. After full trial Mr. M.H. Rashid; learned Assistant Sessions Judge, 4th Court, Mymensingh acquitted those ......hort, is that on 29.9.77 at about 12-30 noon the passenger launch M.L. Mamun left Bhairab Ghat with passengers for Nikli. At about 3-30 P.M. when the launch reached the northern side of Hashimpur village in Ghorautra River Bajitpur police station, about nine or ten dacoits who were armed with deadly..Category: Criminal Law | Date: | Hits: 42
Abdul Mukit Chowdhury Vs. The Chief Election Commissioner & others, 1988, 17 CLC (HCD)
....nt any such direction. In the result, the Rule is discharged without costs. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 57.......on Parishad within the Upazila Beani Bazar in the District of Sylhet held on 10-2-88. The voting at Dhaka Uttar Muhammadpur Centre was initially stopped for 2 hours from 11 A.M. to 1 P.M. and again fully stopped at 4.10 P.M. and no voting could be resumed thereafter. That though voting was obstr...... causes by filing separate affidavit-in-opposition denying the allegations made in the petition on materials particulars. It is denied by them that there was any obstruction or interruption or stoppage of election at any point of time. It is further denied that Presiding Officer had never stopped ..Category: Election Law | Date: | Hits: 119
Mustafa Kabir Uddin Ahmed Vs. Badrun Nessa Chowdhury, 2002, 31 CLC (HCD)
....hus disposed of on the above terms and conditions. Let the lower court’s records down expeditiously with a copy of this judgment and order. Ed. This Case is also Reported in: 54 DLR (2002) 416.......t provisions of law and some decisions cited at the bar in this connection namely, decisions reported in 25 DLR 485 [AZM Khalilur Rahman Vs. Md. Syed Hossain and ors] and AIR 1934 All 450 and I am in full agreement with views expressed in the above decisions to the effect that the formal defect of ......h permission to sue afresh in respect of the same cause of action he shall suffer irreparable loss and injury. 8. Mr. SN Goswami however, submits that for the negligence and carelessness of the engaged learned Advocate of the Mofussal Bar this serious mistake occurred in the plaint. 9. It is s..Category: Procedural Law | Date: | Hits: 83
Abdul Mannan Miah Vs. Md. Salaiman Miah, 2000, 29 CLC (HCD)
....ned trial Court is directed to dispose of the suit expeditiously preferably within three (3) months from the date or receipt of this judgment. Ed. This Case is also Reported in: 54 DLR (2002)394.......ome to such a stage that any product with the similar trade mark of the opponent will denote to the public that the said products or products have emanated from the plaintiff. But the defendant, with full knowledge of the fact that Ghari and clock device has acquired fame and reputation throughout B......tensive use and publicity of a time for sale of the soap produced by it, the said trade mark has become distinctive mark of the products of the plaintiff in Bangladesh and it has now come to such a stage that any product with the similar trade mark of the opponent will denote to the public that the ..Category: Intellectual Property Law | Date: | Hits: 200
Zakir Hossain Munshi Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....o be refunded to the petitioner forthwith. In the result, the Rule is made absolute in the foregoing terms without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 130. ......rdinary trading function of the Government. It was, on the other hand, as necessitated for performing the function of the state as a sovereign power and arising out of statutory rules. As such respectfully following the principles enunciated in the above case, we are of the view that although relief......dance with the contract dated 10-7‑97 entered into by and between the petitioner and GrameenPhone inasmuch as power to collect royalty and licence fees could be acquired by Grameen Phone at any stage during the subscription in terms of clause-G of the said contract even if such power to collect ..Category: Information Technology Law | Date: | Hits: 217
Janata Insurance Company Ltd. Vs. M/s. Islam Steel Mills Limited and another, 2010, 39 CLC (AD)
....ut any order as to costs. This judgment would govern ail the appeals. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 478, 7 LG (AD) (2010) 208, 63 DLR (AD) (2011) 5, VIII ADC (2011) 932. ......s the losses were covered by valid insurance policies. 5. The learned Subordinate Judge on consideration of the evidence on record decreed the suits with interest. The defendant thereupon unsuccessfully moved the High Court Division in F. A. Nos. 353, 354 and 355 of 1995, and thereafter, obtained...... mill's premises and insured those articles with the defendant under an insurance policy for a sum of Tk. 5 crore covering the risk of fire, riot and strike. 3. These policies were subject to mortgage clauses as the goods were under pledge to Janata Bank and United Commercial Bank Limited (Banks)..Category: Business or Commercial Law | Date: | Hits: 212
Abdur Rashid Mia (Md) Vs. Md. Hasem Ali Mia & others, 2003, 32 CLC (HCD)
....assed by learned Assistant Judge, Basail, Tangail, in Miscellaneous Case No. 6 of 1996 is hereby restored. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 155. ......quested the pre‑emptor to purchase the land but he refused. The consideration money was paid to the transferor through Md. Fazlur Rahnian, the local Union Parishad Chairman. The pre‑emptor was in full knowledge regarding the transfer. After the purchase the father of the pre-emptee possessed the......ed under section 90 of the State Acquisition and Tenancy Act. The pre-emptee opposite party No. 1 further state that he is a very poor man and he was a servant of the local Chairman who out o pity managed the service of the pre-emptee in Malaysia and while he was in Malaysia he has purchased 27 deci..Category: Property Law | Date: | Hits: 39
Nasir Howlader Vs. State, 2004, 33 CLC (HCD)
.... Judge, Bagerhat is hereby affirmed. Let a copy of this judgment along with lower court's record be sent to the concerned court at once. Ed. This Case is also Reported in: 56 DLR (2004) 151. ......nt of the house of Abdul Mannan Howlader, the accused Nasir Howlader and others were crossing on way to village Fulhata and the deceased Moshiur Rahman asked him why he has not given the paddy to his full brother PW 3 which is due to him. On that issue there was not exchange of words and ultimately,......or the Respondent. Criminal Appeal No. 703 of 1998. Judgment Md. Anwarul Haque J.- This appeal is directed against the judgment and order of conviction passed by the learned Sessions Judge, Bagerhat on 6‑4-1998, in Sessions Case No. 38 of 1995 where the learned Sessions Judge has found ..Category: Criminal Law | Date: | Hits: 30
Abdul Motaleb & others Vs. Aftab Miah and another, 2002, 31 CLC (HCD)
.... appellants, as there was no occasion to do so in the absence of any TM 55. Therefore, we find no substance in the appeal which must fail. Ed. This Case is also Reported in: 56 DLR (2004) 145.......for sending copy of evidence to the applicant and if the evidence is forwarded to the applicant within a reasonable period after filing of the same before the Registrar that will do and thus there is full compliance with the provision of Rule 33(1) of the Rules. Therefore, the Registrar acted illega......the opposition case No. 1624 of 2000 as abandoned. 5. In this case Mr. Syed Mahmudul Ahsan, the learned Advocate, initially appeared on behalf of the appellant and argued the case and at a later stage, on 19‑8‑2002, Dr. M Zahir argued the appeal on behalf of the appellant as Senior and My Gaz..Category: Intellectual Property Law | Date: | Hits: 181
Abul Kashem and others Vs. State, 2003, 32 CLC (HCD)
....thwith. Convict appellant Anwar Hossain Pintu alias Anwar Hossain may therefore; be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 132.......thwith. Convict appellant Anwar Hossain Pintu alias Anwar Hossain may therefore; be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 132.......sions Trial Case No. 37 of 1998 are heard and disposed of by this single judgment. 2. The prosecution case, in brief, is that at about 5‑5.30 PM on 10‑3‑96 two minor boys, Mizan and Faruque, aged about 8 years, plucked wood apples from the trees belonging to deceased AKM Abdul Halim, Chairm..Category: Criminal Law | Date: | Hits: 39
State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)
....15 hours ie 7‑15 PM. It had been clearly stated in First Information Report that Informant PW 1 on getting information at about 1‑00 PM on 12‑1-1999 from a rickshaw puller that dead body of a woman was found and one of wives of accused Shah Alam was killed and there was suspicion in his mind...... 4 Md. Ishaque, a Union Parishad Member, in his evidence made disclosure: Accused Khodeja Begum and Shah Alam used to torture Rokeya Begum in different manners. 19. PW 5 Md. Mahbubul Hoque, who is full brother of deceased Rokeya Begum, in his evidence said: At the instigation of accused Khodeja B......arious manners at different times. On account of torture Rokeya Begum left the house of accused Shah Alam and went to her father informant PW 1 Abdul Gafur's house three/four months after second marriage with accused Khodeja Begum. In view of arbitration accused Shah Alam transferred some of his pro..Category: Criminal Law | Date: | Hits: 31
Arif Iftekhar Ali and others Vs. Sekandar Ali Hawlader, 2002, 31 CLC (HCD)
....lled and vacated, learned Joint District Judge is directed to proceed expeditiously with the proceedings pending before him. Communicate. Ed. This Case is also Reported in: 56 DLR (2004) 82. ......ff on 8‑8‑2001 instituted Title Suit No. 145 of 2001 against the defendants for a decree of perpetual injunction. In the plaint, it is stated that the plaintiff purchased the suit lands described fully in schedule 'Ka' and 'Kha' to the plaint from different vendors at various times, and got his ...... into the land of 'Kha' schedule from the east by breaking through the 593 feet long eastern wall. They took away stacked materials, rods, cement, bricks, sand chips etc. worth of 5,68,289, and/or damaged. The application was registered as Miscellaneous Case No. 26 of 2001 (violation). Notice was is..Category: Property Law | Date: | Hits: 26
Akhteruzzaman Chowdhury Vs. Hamidul Huq, MD, UCBL and another, 2003, 32 CLC (HCD)
....ne amounting to Taka 2000 to be paid within one month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73.......rtedly co‑operate with the designated chairman but from the letters issued by the Chairman designate it is clear and obvious that repeatedly these two officials of the Bank had deliberately and willfully violated this court's order on the plea that a clarification of section 15 ka ka is necessary ......Alam, Barrister-at-Law and a Senior Advocate of this Court was appointed as Chairman designate to call, bold and conduct the AGM for the aforesaid years. By that order this court also directed the management of the Bank to extend all co‑operation to the Chairman designate in the matter of holding ..Category: Banking Law | Date: | Hits: 158
Standard Bank Ltd. Vs. Tripos Engineering & Trading Company (GD) and others, 2003, 32 CLC (HCD)
....is directed to make the payment under the letters of credit in question to the Premier Bank without any further delay. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 55.......ed those in making garments. After the beneficiary, Modern Textiles tendered the shipping documents in the petitioner Bank through the Premier Bank, both the plaintiffs duly accepted the documents on full satisfaction and authorised the petitioner Bank to issue acceptance. Accordingly, the petitione......nd Equipments Ltd, (1983) AC 168; Volyvinter Oil SA vs. Chase Manhattan Bank, (1984) Lloyds Law Report 251; United Trading Corporation SA vs. Allied Arab Bank Ltd, (1985) 2 Lloyd's Law Report 554 at page 556. Lawyers Involved: Ajmalul Hossain, QC with Iftekhar Ahmed, Advocates-For the Petition..Category: Civil Law | Date: | Hits: 100
Ganesh Chandra Das Vs. Arati Acharjya, 2001, 30 CLC (HCD)
....d down the original records at once with a copy of this judgment to the learned District Judge, Chittagong for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)348. ......d down the original records at once with a copy of this judgment to the learned District Judge, Chittagong for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)348. ......osite party filed Family Money Suit No. 6 of 1993 on 29-9-1988 in the court of learned Assistant Judge, Sadar Chittagong for maintenance of herself and her 3 children living with her, in paragraph 7 page 4 of the plaint the plaintiff alleged that petitioner-defendant Ganesh Chandra Das stopped maint..Category: Family Law | Date: | Hits: 186
Mirza Abdul Bari Beg and Others Vs. Zahidannessa and others, 2001, 30 CLC (HCD)
....enclosure is to be delivered and the person in possession, being bound by the decree, does not afford free access, the court, through its officers, after giving reasonable warning and facility to any woman not appearing in public according to the customs of the country to withdraw, remove or open an......d. The executing Court is directed to proceed with the execution by issuing again the writ for delivery of possession to the decree-holders. Ed. This Case is also Reported in: 54 DLR (2002)344. ......d. The executing Court is directed to proceed with the execution by issuing again the writ for delivery of possession to the decree-holders. Ed. This Case is also Reported in: 54 DLR (2002)344. ..Category: Property Law | Date: | Hits: 29
Pubali Bank Ltd. Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
.... cost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 340.......ly excluded by section 6 of the Artha Rim Adalat Act and further in the case of Sultana Jute Mills Vs. Agrani Bank reported in 46 DLR (AD) 174 it has also been held that Artha Rin Adalat, being not a full-fledged civil Court with all the powers and jurisdiction of civil Court, any interlocutory orde......d others 50 DLR 333; Serajuddin Howlader vs. Pubali Bank Ltd. 4 BLT 80; Reasul Hoque Mollah vs. Afizullah Mollah, 42 DLR (AD) 74; Mayajan Bibi vs. Mohohar Ali, 39 DLR 68; Feroz Miah vs. Sonali Bank, Wage Earners Branch and others, 48 DLR 279; Md. Nurul Islam vs. Agrani Bank, 49 DLR (AD) 135. Lawy..Category: Civil Law | Date: | Hits: 93
State Vs. Rashid Ahmed & others, 2002, 31 CLC (HCD)
....s, causing multiple injuries on his person. 23. In cross-examination she stated that the occurrence took place near the bamboo clump. She stated that at the time of the occurrence one Shahjahan, a woman and a few children were nearby. She denied the defence suggestion that her house is about 600 ......sections of law to stand trial before the Court. 29. From the discussion of the evidence made above, it is found that PW 7 Ambia Khatoon is a totally independent, natural and probable witness, who fully supported the prosecution case in all material particulars. She deposed in a most stead-forwar......icting indiscriminate blows on him on different parts of the body. It has been alleged that accused Ashraf Ali gave two kiris blows aiming at the head of deceased Abdul Mabud Master but the victim managed to save his head by his hand, resulting in injury to his left palm. Immediately thereafter accu..Category: Criminal Law | Date: | Hits: 76
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