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....n the result, we find no substance in this writ petition. The rule is accordingly discharged, butt them will be no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 289.
......d with the additional designation of Settlement Officer and he by the impugned order dated 18.1.89 (which is at annexure ‘O’ to the supplementary affidavit filed by the petitioner) exercising his power under rule 42 of the Tenancy Rules, 1955, cancelled the portion of the proceeding referred to ......ivision
(Special Original Jurisdiction)
Present:
Naimuddin Ahmed J
Mohammad Gholam Rabbani J
Capital Co‑operative Housing Society Ltd.......................Petitioner
Vs.
Director, Land Records and Survey, Government of Bangladesh and others..............Respondents
Judgme......n the result, we find no substance in this writ petition. The rule is accordingly discharged, butt them will be no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 289.
..
Category: Property Law | Date: | Hits: 125
Bangladesh Road Transport Corporation Vs. Ashraf Jute Mills Ltd., 1991, 20 CLC (HCD)
....after, the Official Liquidator shall as meet up the claims of the creditors in accordance with law with the permission of this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 282. ......7 and in the Bangladesh Gazette dated 24.6.87. Thereafter, the Bangladesh Shilpa Rin Sangstha (BSRS) made its appearance through its learned Advocate Mr. T. Islam on 8.3.89 and Rupali Bank also filed power on 14.11.89 claiming themselves as creditors of the said Company. On 9th August, 1990 after he......ration……………….Petitioner Vs. Ashraf Jute Mills Ltd………………..Respondents Judgment August 28, 1991. Result: The Rule is made absolute Cases Referred to- 43 company cases 350; 21 company cases 251; 35 company cases (SC) 755; 42 Company Cases 26; ......after, the Official Liquidator shall as meet up the claims of the creditors in accordance with law with the permission of this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 282. ..Category: Company Law | Date: | Hits: 193
Tofazzal Hossain Chowdhury Vs. Mir Amanullah & others, 1992, 21 CLC (HCD)
....ordance with law. Let a copy of the judgment and order be transmitted to the Court below immediately. The order of stay stands vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 263.......t prima facie case, unless, it could be shown that the charge‑sheet on its face, even if believed, did not disclose any offence." Keeping in view the above principles in the matter of exercising power under section 561 A CrPC let us now consider the above submissions of the learned Advocate for......ad Ansar Ali J.- This rule at the instance of the accused petitioner arises out of an application under section 561A of the Code of Criminal Procedure calling upon the Deputy Commissioner, Munshiganj to show cause as to why the proceeding in GR Case No.180/83 of the Court of the Magistrate, 1st Clas......ordance with law. Let a copy of the judgment and order be transmitted to the Court below immediately. The order of stay stands vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 263...Category: Criminal Law | Date: | Hits: 88
Kumudini Hospital Vs. Kumudini Hospital Karmachari Union & others., 1977, 6 CLC (HCD)
....4 and 625 of 1974 are made absolute and the Rule in Petition No. 306 of 1976 is hereby discharged. There will be no orders as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 655. ......pplying water as a commercial preposition that the items become public utility services and protection is given by the law so that community at large is not deprived from the utility services and the power to the Government had been given to prohibit strike or lockout because the Government exists f...........................................Petitioner Vs. Kumudini Hospital Karmachari Union & others....................Respondents (In Writ Petition No. 625 of 1974). Cholera Research Laboratory ......................Petitioner Vs. First Labour Court & others..........................4 and 625 of 1974 are made absolute and the Rule in Petition No. 306 of 1976 is hereby discharged. There will be no orders as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 655. ..Category: Labour and Industrial Law | Date: | Hits: 123
Badsha (Md.) Miah and others Vs. Soleman Nessa Bibi and others, 1988, 17 CLC (HCD)
.... and he seeks 2(two) months' time for the purpose. The prayer is allowed. Let the operation of this judgment be stayed for 2 (two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646.......the person dealing with a thing exclusively constitutes possession. Where a person has in his own right and not merely as to be able to exclude others from it and has the intention of exercising that power of exclusion, he can be said to be in possession of it. 24. Possession implies a) Some a......arker J Badsha (Md.) Miah and others........................Appellants Vs. Soleman Nessa Bibi and others......................Respondents. Judgment December 11, 1988. Cases Referred to- 15 DLR (SC) 181; 16 DLR 637; 22 DLR (SC) 86; 34 DLR (AD) 29; 15 DLR at page 188; 21 DLR (SC)...... and he seeks 2(two) months' time for the purpose. The prayer is allowed. Let the operation of this judgment be stayed for 2 (two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646...Category: Property Law | Date: | Hits: 70
Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)
....g children's dresses, that the respondent did not contribute any amount for the construction of the three‑storied building on the suit land either from his own saving or by taking any loan from any financial institution or agency, save and except the Bangladesh Shilpa Bank, as a security of which ......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. ......ruzzaman J Hameeda Banu........................................Appellant Vs. AFM Naziruddin.......................................Respondent. Judgment August 8, 1990. Cases Referred to- KK Das Vs. Amina Khatun Bibi, AIR 1940 (Cal) 356=44 CWN 247; Ramratan Vs. Shiodattarai, AIR ......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. ..Category: Property Law | Date: | Hits: 110
....ty of the arrear rents nor tried to avoid the same nor it ceased to have enough resources for payment of same nor did it cease to have business. It is further stated that it has by now recovered from financial crisis and is in the position of paying back the arrear rents as per direction of this Hon......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.
......
Nizamul Haque and Others........................................................Petitioner
Vs.
Singa Bangla Garment Manufacturing Company (Pvt) Ltd..............Respondent.
Judgment
October 29, 1990.
Case Referred to-
Bangladesh Road Transport Corporation Vs. M/s Ashraf Jute M......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
Abdul Quader Chowdhury Vs. Sayedul Hoque & others, 1990, 19 CLC (HCD)
....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. ......circular is a mere departmental guide lines having no statutory force. The learned Advocates at the Bar could not place before me anything to show that the Additional Deputy‑Commissioner (Rev.) had power to cancel the lease. 11. For the aforesaid discussion, I do not find any substance in this ...... Rahman J Abdul Quader Chowdhury....................... Petitioner Vs. Sayedul Hoque & others................ …………Opposite Parties. Judgment May 30, 1990. Cases Referred to- Sundar Vs. Hiru and others, 1936 Lah 138; Salyendra Kishore Roy Vs. Ramendra Kishore Roy, 7 ......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
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 section 17 shows that on receipt of the order passed by the District Judge in appeal the Family Court shall modify or amend the judgment, decree or order accordingly and this clearly shows that no power to send the case on remand to, the Family Court has been given to the Court of appeal below. ......e J Hosne Ara Begum.........................................Petitioner Vs. Alhaj Md. Rezaul Karim and others ................Opposite Party. Judgment August 13, 1990. Cases Referred to- Amir Md. Vs. Mst Bushra, AIR 1956 Raj. 102; AKM Ruhul Amin Vs. District Judge, Bhola, 38 DLR......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
Atash Ali and others Vs. Rebati Mohan Sarker and 3 others, 1990, 19 CLC (HCD)
....t; the Rule is discharged. The learned Munsif is directed to proceed with the case in accordance with the case in accordance with the law. Ed. This Case is also Reported in: 43 DLR (1991) 539. ......order of dismissal of the injunction petition. He further submits that it is a well‑settled principle of law that where a legal remedy is provided for in the Code to an aggrieved party the inherent power shall not be exercised under section 151 C.P.C. 4. Mr. Miah Abdul Gafur does not dispute th......hmudur Rahman J Atash Ali and others..............................Petitioners Vs. Rebati Mohan Sarker and 3 others..........Opposite Parties. Judgment April 19, 1990. Cases Referred to- Trading Corporation of Bangladesh and others Vs. Syed Sajeduzzman, 40 DLR (AD) 406; Rafiqul ......t; the Rule is discharged. The learned Munsif is directed to proceed with the case in accordance with the case in accordance with the law. Ed. This Case is also Reported in: 43 DLR (1991) 539. ..Category: Civil Law | Date: | Hits: 93
....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.
......strar to dispose of the application of Sattar Match Works under section 10 of the Act, and granting of concurrent use of one trade mark by two different persons is absolutely within the discretionary power of the Registrar. Since no prayer to that effect is made in the application, this Court should......buddin Ahmed with Mirza Hossain Haider, Advocates ‑For the Petitioners.
Dr. M Zahir with M Hassan, Ferdousi Shahab and Firoz Shah Advocates ‑ For the Respondent Nos. 1 and 2.
Rafiqul Huq, Attorney‑General with AY Salehuzzaman, Deputy Attorney‑General ‑For the added Respondent No. 4.
......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)
....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.......High Court Division observed as follows: "The learned Deputy Attorney‑General further submits that the learned Magistrate having not been constituted as a Special Tribunal and conferred with the power as such the order of discharge passed by him suffers from legal infirmities and liable to be s...... Ansar Ali J The State............................................Petitioner Vs. Satya Narayan Sarada..........................Opposite Party. Judgment April 3, 1991. Cases Referred to- Md. Kalu Bhuiyan Vs. Special Tribunal, 39 DLR 124; Nuru Bepari Vs. The State, 31 DLR 241; Ab......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
Motaleb @ Mutu and others Vs. State, 1990, 19 CLC (HCD)
....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....... record of the case for trial of the charge‑sheeted accused the learned Court of sessions was required to proceed with the case under Chapter XXIII of the Penal Code and as such he had no scope and power to entertain a petition under section 173 (313) of e Code of Criminal Procedure. He further su......bibur Rahman Khan J Motaleb @ Mutu and others.................Petitioners Vs. The State.........................................Opposite Party. Judgment June 5, 1990. Cases Referred to- Khorshed Alam Vs. State, 35 DLR 401; Abdur Razzaque Vs. State, 35 DLR 103. Lawyers Involv......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)
....t No. 2 as made by Mr. Hafizullah, the learned Advocate, was that the defendant No. 2 was a private limited company. We do not understand how the defendant being a private limited company improves it financial standing when specific allegation is made with regard to non-ownership of any property by ......roperty of the Judgment-debtor in order that it may be available for realization of the decretal amount. The principle has been recognized in Order XXXVIII, rule 5 of the Civil Procedure Code which empowers the Court to attach the property of the defendant in order that any decree that is passed in ......sdiction) Present: KM Subban J ATM Afzal J Bangladesh………….Appellant Vs. Unimarine SA Panama and other………Respondents Judgment June 16, 1977. Case Referred to- M/s. United Venture Navigation Co. Ltd. Vs. Samudrajatra Shipping Lines, 28 DLR 231. Lawye......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)
....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....... against him is based. It may be that some circumstances are such that it is not proper in the public interest to disclose them. There is a provision in law with respect to it and the Government is empowered to refuse the disclosure of such facts but with respect to facts to the disclosure of which .................................Petitioner Vs. Bangladesh represented by the Assistant Secretary, Ministry of Home Affairs and others.....Respondents. Judgment April 3, 1990. Cases Referred to- Golam Hossain alias Gama Vs. Commissioner of Police, Calcutta and others, AIR 1974 (SC) 1336......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
Investment Corporation of Bangladesh Vs. Bata Shoe Company (Bangladesh) Ltd., 1990, 19 CLC (HCD)
....further directed to issue and deliver the necessary share certificates in favour of the petitioner corporation without any further delay. Ed. This Case is also Reported in: 43 DLR (1991) 487. ......6. Section 3(2) of the above Ordinance speaks that the corporation shall be a body corporate by the name of the Investment Corporation of Bangladesh for a perpetual succession and a common seal, with power, subject to the provisions of this Ordinance, to acquire, hold and dispose of any property and......ur of the petitioner. 2. It is stated in the application that the petitioner is a corporation established under the Investment Corporation of Bangladesh Ordinance, 1976 (Ordinance No. XL of 1976) to encourage and broaden the base of investment developing the capital market and mobilize savings a......further directed to issue and deliver the necessary share certificates in favour of the petitioner corporation without any further delay. Ed. This Case is also Reported in: 43 DLR (1991) 487. ..Category: Company Law | Date: | Hits: 208
Delta Jute Mills Limited and another Vs. Sonali Bank and others, 1990, 19 CLC (HCD)
.... sum of Taka 2,20,08,920/‑ as on 1.1.87 but the company, with a mala fide motive, is not repaying the same by raising flimsy pleas for which the respondents had to take the impugned action to bring financial and economic discipline in the industrial sector. 6. No other respondents has entered a......o compel the petitioner to yield to the illegal demands of respondent No. 2 and thereby to frustrate the pending suit of the petitioner company. In other words, the action is a colourable exercise of power. 8. Mr. Asrarul Hossain, learned counsel appearing for Respondent No. 1, argues that the im...... 102 of the Constitution of the People's Republic of Bangladesh was issued calling upon the respondents (1) Sonali Bank, (2) Bangladesh Shilpa Bank (3) Bangladesh Bank and (4) the Govt. of Bangladesh to show cause as to why letter No. Advance/Loan 4904 dated 23.6.87 issued by the Deputy General Mana......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. ..Category: Company Law | Date: | Hits: 213
A M A Wajedul Islam Vs. State, 1993, 22 CLC (HCD)
....ion No.329 (R) 1993 is accordingly disposed of and the connected Rule being Criminal Revision No.3521(R)/1991 for bail is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 243. ...... 6 shows that only 18 cheques were found and total amount covered by those cheques is Tk. 18,92,738.00 and the same was treated as cash balance of that day. Court below found that AVP Keramat Ali had power to sanction advance up to Tk. 15 lacs to a party and the appellant failed to produce the alleg......pecial Judge), Rangpur in Special Case No.1 of 1987 convicting the appellant under section 409 of the Penal Code read with section 5(2) of Prevention of Corruption Act (II of 1947) and sentencing him to suffer imprisonment for life and to pay a fine of Tk. 5000.00, in default, to suffer rigorous imp......ion No.329 (R) 1993 is accordingly disposed of and the connected Rule being Criminal Revision No.3521(R)/1991 for bail is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 243. ..Category: Criminal Law | Date: | Hits: 91
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. ......ondent of his due claim. 8. Admittedly, the respondent was made to retire from his service as Additional District Magistrate, Rangpur with immediate effect from the 22nd May, 1983 in exercise of power conferred by the Martial Law Order No.9 by the Chief Martial Administrator as in his opinion o...... 2009. Cases Referred To- Principal Secretary, President's Secretariat, Dhaka and others Vs. Mahtabuddin Ahmed, 42 DLR (AD) 214; 42 DLR (HCD) 1. Lawyers Involved: Morad Reza, Additional Attorney General, instructed by Md. Ibrahim Khalil, Advocate-on-Record-For or the Appellants. Abdur...... 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. ..Category: Administrative Law | Date: | Hits: 160
Virginia Tobacco Co. Ltd. and others Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
.... 1972 and was placed under Sector Corporation. The petitioner 2, the original owner, was appointed sole Administrator in 1978 who in order to get back the ownership of the industry created artificial financial problem so that the Government is compelled to return the ownership to him. Although there......ss the impugned order. He further submits that the order dated 21.11.1985 made in Criminal case No.21 of 1985 was beyond the jurisdiction of the Respondent 1 as section 55 of the Ordinance does not empower him to pass an order to deposit the wages and lay‑off benefits, etc. and as such is liable t......o Co. Ltd. and others………………….Petitioners Vs. Chairman, Labour Court and others……………......Respondents Judgment June 13, 1991. Case Referred To- Railway Men's Store Ltd. Vs. Chairman, Labour Court, Chittagong, 30 DLR (SC) 251; James Finlay and Co. Ltd. Vs. The......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. ..Category: Labour and Industrial Law | Date: | Hits: 129
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