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Kings Shipping Tra¬ding Co Vs. M/s. L.S. Line & others, 1985, 14 CLC (HCD)

....t the order may be stay­ed for one month. This order is therefore, stayed for one month. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 30.       ......ment July 8, 1985. Result: The order is  stayed. Cases Referred to- AIR 1937 Calcutta 122 (123); 20 DLR 25; 34 DLR (AD) 110 (paras 9-10); 2 All ER, 274 (277).  Lawyers Involved: S.A. Chowdhury with Mustafa Niaz Moham­mad— For the Plaintiff. ......iff may however amend the plaint accord­ingly. 19. Mr. Siddique Ahmed Choudhury, has lastly argued that if a suit in personam is maintainable, this Court can exercise jurisdic­tion under Order 38, rule 5, C.P.C. in arrest­ing before judgment a sister ship inasmuch-as that rule of Co..

Category: Admiralty Law or Maritime Law | Date: 8 Jul, 1985 | Hits: 7

Ranjit Kumar Rakshit Vs. Sudhir Kumar Chowdhury, 1985, 14 CLC (HCD)

.... amendment of the plaint. Having regard to the facts and circums­tances of the case there will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 39. ...... Judgment April 10, 1985. Result: The Rule is discharged. Cases Referred to- Ashwini Kumar Karmakar and others Vs. Hari Mohan and others, 36 DLR (AD) 1; 27 DLR 413. Lawyers Involved S. C. Das with Nripendra Majumdar— For the Petitioner. M. Fazlul Ka......r the Bangladesh Railway with regard to the suit premises after the in­stitution of the suit and the documents in sup­port of the said claim were also marked exhibits which is in violation of Order 6, rule 7 C.P.C. and it runs as follows: "No pleading shall, except by way of amendm..

Category: Civil Law | Date: 10 Apr, 1985 | Hits: 1

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.   ...... The Appeals are allowed. Cases Referred to- 30 DLR (HC) 244; 1970 PLD (SC) 460; 31 reports on Patent Cases 53; 33 Reports on Patent Cases 257; 25 Reports on Pat­ent Cases 361. Lawyers Involved: Asrarul Hossain with Abdul Azim— For the Appellant (In both the appeals......stomers. The defendants have ille­gally and with ulterior motive infringed the plaintiffs 'trade-mark, and hence plaintiff ins­tituted suits and prayed for temporary injunc­tion under Order 39, rule I Cr.P.C. 4. Defendants 1 and 2 entered appearance by filing a written objection..

Category: Intellectual Property Law | Date: 11 Feb, 1985 | Hits: 7

Abu Taher and others Vs. Mst. Razia Begum and another, 1984, 13 CLC (HCD)

....ted. Let a copy of this judgment be sent to the trial Court immediately. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 18.   ...... New Shorrock Spg. and Meg. Co. Ltd. Vs. N.U. Raval, Income Tax Officer and another, AIR 1959 (Bombay) 477; Lal Girjesh Bahadur Pal Vs. Chaudhari Bhangwati Prasad, AIR 1942 Allahabad (F.B.) 153. Lawyers Involved: S. C. Das— For the Petitioner. Kazi Shafiuddin Ahmed, Deputy Attor......ted. Let a copy of this judgment be sent to the trial Court immediately. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 18.   ..

Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2

Habibur Rahman Talukder Vs. Shaha Alam Mia and others, 1984, 13 CLC (HCD)

....gations." I do not find any ground for interference in the matter. This Rule is, therefore, discharged with cost. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 71. ...... 1984. Result: This Rule is discharged. Cases Referred to- 29 DLR (SC) at page 304; Dilumuddin Madbar and others Vs. Province of East Pakistan and others, 21 DLR at page 569. Lawyers Involved: Abdul Quaiyum with Moslem Ali Howlader Subodh Ranjan Dutta, and Tapan Kumar C......n it has been held by Abdul Hakim, J. as follows: "In my opinion the Court has power to pass incidental order in such matters for the ends of justice if the circumstances so demand. Even if Order 9 Rule 13 C.P.C. does not confer any power upon the Court the Court is definitely vested with ..

Category: Civil Law, Election Law | Date: 2 Dec, 1984 | Hits: 2

The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)

.... the leave and annual vacation of the Munsif-Magistrate, the con­temner denied the same and stated that he was directed by the Deputy Commissioner, Rangpur on 18-8-83 as per decision of the Zonal Martial Law Administrator, Zone-B dated 14-8-83 to ask Certificate Officers to issue 24 hours' n......espondent Judgment November 28, 1984. Result: The Rule in Criminal Misc. Case No.24 of 1984 is made absolute The Rule in Criminal Misc. Case No.41 of 1984 is discharged. Lawyers Involved: Sultan Ahmad, Deputy Attorney-General with Quazi Akhter Hossain Assistant Att...... 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.   ..

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.   ......e Death Reference Case is rejected and the Criminal Appeal is dismi­ssed. Cases Referred to- Abdur Rashid Vs. State, 27 DLR (AD) 1; Unniri Kannan Vs. the State, AIR 1960 Kerala 24. Lawyers Involved: Marfat Ali with Md. Altafur Rahman— For the Condemned Prisoner. Su......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.   ..

Category: Criminal Law | Date: 25 Nov, 1984 | Hits: 1

Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)

....r Court records be sent down at once. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 1.         ......Sarkar Vs. State, 33 DLR 320; Nazir Ahmed Vs. The State, AIR 1936 (PC) 253; Kashmira Singh Vs. The State of Madhya Pradesh, AIR 1952 (SC) 159; Amir Hossain Howladar Vs. The State, 1984 BLD (AD). Lawyers Involved: Akram Hossain Amin with Sajjad Ali Chowdhury—For the appellants. M......r Court records be sent down at once. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 1.         ..

Category: Criminal Law, Evidence Law | Date: 4 Nov, 1984 | Hits: 4

Dy. Secretary, Ministry of Commerce Vs. Nizamuddin Haider, 1984, 13 CLC (HCD)

....impugned order. In application for temporary injunction it has been stated that the Annual. General Election of the Chamber of Commerce and Industry of Bogra could not be held during 1982-83 due to a Martial Law Order No.43 of 1982. The plaintiff further asserted that the Annual General Election of ......ncil, 67IA 282; Madbar Khan and others Vs. Province of East Pakistan and others, 17 DLR (Dhaka) 263; H.M. Saya & Co. Vs. Wazir Ali. Industries Ltd. and Habib Bank Ltd. 21 DLR (SC) 50.   Lawyers Involved: Sultan Ahmed, Deputy Attorney-General—For the Petitioner. B. N. C......l Revision No. 256 of 1984. Judgment Latifur Rahman J. - This Rule is directed against the appellate order of the District Judge arising out of an application for temporary injunction under Order 39 Rule 1 of the Code of Civil Procedure. 2. The plaintiff-opposite party is the ele­..

Category: Civil Law | Date: 31 Oct, 1984 | Hits: 2

Sabitri Rani Dey Vs. The State, 1984, 13 CLC (HCD)

....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.     ..................................Petitioner Vs. The State..........................................Respondent Judgment October 29, 1984. Result: The Rule is discharged. Lawyers Involved: S. C. Das—For the Petitioner. Kazi Shafiuddin, Deputy  Attor......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)

..... Let the records be sent back immediately. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 66.       ...... October 25, 1984. Result: The Appeal is allowed. Cases Referred to- Nazir Ahmed Vs. King-Emperor, AIR 1936 (P.C) 253; Nurul Haque and others Vs. State 20 DLR (Dhaka) 780. Lawyers Involved: Azizul Haque—For the Appellants. Md. Mokhter Hossain—For the....... Let the records be sent back immediately. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 66.       ..

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   ......amp; others. ...................Appellants Vs. State......................................Opposite parties Judgment Aug 29, 1984. Result: The appeal allowed in part Lawyers Involved: Abdul Momin Talukder—For the appellants. Sultan Ahmed, D. A.G. wit......;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   ..

Category: Criminal Law | Date: 29 Aug, 1984 | Hits: 1

M/s. Gannysons Ltd. & anr. Vs. Sonali Bank & others, 1984, 13 CLC (AD)

....till October 20, 1981. In Writ Petition No. 720 of 1981 a Rule was issued at the instance of the appe­llant company on October 20, 1981. But it abated on 24 March 1982 after the Proclama­tion of Martial Law. 3.  In Miscellaneous Case No. 958 of 1981 which was filed by the appella...... Article 104 to do complete justice in a case, it is declared that Gannysons Limited is not an abandoned property. It should, therefore, be  immediately released…………(17)  Lawyers Involved: T.H. Khan, Senior Advocate (M. A. Wahab, Advocate with him) instructed b...... Sonali Bank & others .............................Respondents Judgment August 20, 1984. The Bangladesh Abandoned Property (Management, Control and Dis­posal) Order, 1972 (President’s Order No. 16 of 1972).  A company which has been incorpora..

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....... Cases Referred to: Madhubhai Amthalal Vs. Amthal Nandalal, AIR 1947 Bombay, 156; Municipal Corporation of greater Bombay Vs. Lal Panchm and others A.I.R. 1965 (SC) 1008. Lawyers Involved: Rafique Ul Huq, Senior Advocate (Aminul Huq, Advocate with him) instruc......................Respondents Judgment August 20, 1984. Result: The appeal is allowed.   The Code of Civil Procedure, 1908 (Act No. V of 1908), Order XVIII, rule 17. Discretionary power under Order XVIII, rule 17 to recall a witness must ..

Category: Contract Law | Date: 20 Aug, 1984 | Hits: 199

Faiz Ahmad Vs. Kazi Abdul Wahab, 1984, 13 CLC (HCD)

.... below are affirmed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 357   ......dent Judgment August 13, 1984. Result: The appeal is dismissed. Case Referred To- Rambharosa Vs. Smt. Bifida Devi and another reported in A.I.R. 1956 Patna page 203 Lawyers Involved: Abdul Manan with Momtazuddin Ahmed-For the appellant. Mostafa Kamal Pash......eds About possession the appellate Court believed the evidence of P.Ws. 4, 5 and 6 of whom P.Ws. 5 and 6 are boundary men. 8. It is admitted tact that IN this suit the plaintiff obtained an Order of injunction against the defendants restraining them from entering into the suit land. The ap..

Category: Civil Law, Others | Date: 13 Aug, 1984 | Hits: 1

Arjuman Ali Vs. Abdus Samad & others, 1984, 13 CLC (HCD)

.... as not being entertainable under Section 526 of the Code of Criminal Procedure. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 62.         ..........................Informant-Petitioner Vs. Abdus Samad & others.................Opposite-Parties Judgment August 2, 1984. Result: The application is rejected. Lawyers Involved: Nozrul Islam Chowdhury—For the Petitioner. Criminal Miscellaneous ...... as not being entertainable under Section 526 of the Code of Criminal Procedure. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 62.         ..

Category: Criminal Law | Date: 2 Aug, 1984 | Hits: 1

Bipin Chandra Ray Vs. Bunchuki Barmani, 1984, 13 CLC (HCD)

....from any error of law and there is no scope for revision. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 49. ......Mongol Ghani, 45 CWN page 470;Chinneasami Mudaliar Vs. Ambalavana Muldaliar, ILR Madras page 48;Waryam Singh Vs. Mahtab, 26 PR 1903; Secretary of State Vs. Dhobu Ram, ILR (1944) Lahore page 168. Lawyers Involved: B. N. Chowdhury—For the Petitioner. P. K. Bose—For the Oppo......from any error of law and there is no scope for revision. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 49. ..

Category: Property Law | Date: 31 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.     ...... Bazlur Rahman..............................Appellant Vs. Jan Mohammad.............................Respondent Judgment July 24, 1984. Result: The appeal is allowed. Lawyers Involved: Azizul Hoq with Monsur Habib—For the Appellants. Md. Anser Ali&mda......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.     ..

Category: Property Law | Date: 24 Jul, 1984 | Hits: 2

Kala Meah (Member) Vs. The State, 1984, 13 CLC (HCD)

....e prayer for bail is rejected. Send down the records immediately. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 263;5 BLD (1985) 21. ......ce the accused neither can be said to have absconded nor can be said to have failed to appear before the trial court on any date fixed by the said court within their knowledge…........(8) Lawyers Involved: Siddique Ahmed Chowdhury with Mustafa Niaz Muhammad—For the appellant. ......e prayer for bail is rejected. Send down the records immediately. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 263;5 BLD (1985) 21. ..

Category: Criminal Law | Date: 22 Jul, 1984 | Hits: 1

Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)

....ore dismissed, and the order of conviction and sentence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74.   ......The State, PLD 1975, Karachi 275; Md. Anwar and others Vs. The State, PLD 1966 Lahore 643; Habibullah and others Vs. The State, PLD 1969 Supreme Court 127; the State Vs. Mokshed Ali, 20 DLR 714. Lawyers Involved: Md. Abdur Rahim— For the Appellant. Mohammad Abdul Haque—For......ore dismissed, and the order of conviction and sentence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74.   ..

Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6