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Buddhi Sankar Biswas Vs. Akbar Ali Sheikh, 1991, 20 CLC (HCD)
....f section 151 of the Code of Civil Procedure cannot be resorted to particularly when is court has become functus officio after the delivery of the judgment in the revision case on merit. On the other hand, the learned Counsel for the petitioner submits that on the face of the record there appears to......ed in 39 DLR 68, wherein the view taken in the case reported in AIR 1964‑993 (Arjun Singh vs. Monindra Kumar) has been endorsed in the following language: "The inherent power of the court cannot override the express provisions of the law. If there are specific provisions of the Code dealing wit......de of Civil Procedure for rehearing of the Civil Revision Case No.1181 of 1980 is hereby rejected without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 242. ..Category: Property Law | Date: | Hits: 90
Umme Hani Begum and others Vs. Ram Gopal Sarker and others, 2008, 37 CLC (HCD)
....as decreed the suit out of misconception of law and fact and the same is not sustainable in law. 10. Mr. A Baset Majumder, the learned Advocate appearing for the plaintiff-respondent, on the other hand, supported the judgment and decree of the trial Court and submitted that since 1964 the plainti......the same by an unregistered deed of gift in 1964 in favour of the plaintiff, who got possession in the suit land through his mother. That deed could not be registered due to legal bar imposed by the Government for getting registered any deed of transfer made by any person belonging to the minority c......le Suit No.344 of 1994 decreeing the suit is set aside. The suit stands dismissed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 17. ..Category: Property Law | Date: | Hits: 74
Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2010, 39 CLC (HCD)
....ation of the proceeding of Criminal Case No.1 of 1994 is totally illegal and misconceived and the same is liable to be quashed in order to prevent abuse of the process of Court. 7. On the other hand, Mr. Abdur Razaque Khan, learned Advocate appearing for the opposite party No.1 complainant, h...... aforesaid. 10. The trial Court framed charge against the petitioner holding that the New Nation Printing Press in the successor establishment of the New Nation Publications Ltd. which is well covered by the definition of the ''employer'' referred to above. It is contended on behalf of the p......the case in accordance with law. Send a copy of this judgment and order to the Court concerned for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 38...Category: Labour and Industrial Law | Date: | Hits: 147
Tofail Ahmed Vs. Chairman, Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....fficer reported in 55 DLR 457 adverted to by Mr. Rokanuddin Mahmud, it transpires that the principle enunciated that case has no manner of application to the facts in and circumstances of the case in hand. 16. With regard to the decision in the case of Arab Bangladesh Bank Ltd. Vs. Md. Shahiduzza......inued to be so till 1998 when the Ministry of Commerce was separated whereupon he remained the Minister for Industries till 15th July, 2001. Thereafter the Parliament stood dissolved and a Caretaker Government took over the reins of the Government for holding the next general election. He is an emin......copy of this judgment be immediately transmitted to the respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 33; 15 MLR (HCD) (2010) 177. ..Category: Anti-Corruption Laws | Date: | Hits: 200
Saroj Kumar Sarker and others Vs. Manoj Kumar Sarkar, 2007, 36 CLC (HCD)
....j claiming a share therein stating that Monoj Kumar Sarker, a co-sharer in the suit land, has left for India and his share has become enemy property and the property requires partition. 3. Motish Chandra Sarker and Saroj Kumar Sarker, brothers of Monoj Kumar Sarker on the other hand, filed Title ......nd decree dated 31-8-1987, the learned Subordinate Judge dismissed the Suit No.138 of 1985 filed by the petitioner Saroj Kumar Sarker and others and decreed Partition Suit No.64 of i986 filed by the Government on behalf of Monoj Kumar Sarker. 5. Against the judgment and decree in Suit No.64 of 19...... Manikgonj is withdrawn and transferred 1othis Court for hearing along with the First Appeal No.15 of 1988 analogously. Communicate. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 25...Category: Property Law | Date: | Hits: 68
Bangladesh Road Transport Corporation Vs. Ashraf Jute Mills Ltd., 1991, 20 CLC (HCD)
....the sale is illegal and void. 6. It is a fact that BSRS sold the properties under Article 34(1) of PO 128 of 1972. In this article the power to sell the mortgaged property was given to BSRS. Mr. Khandker Mahbubuddin Ahmed, appearing for the Rupali Bank which is a secured creditor, submits that t......50; 21 company cases 251; 35 company cases (SC) 755; 42 Company Cases 26; 28 Company Cases 216; 34 Company Cases 151; 42 Company Cases 96; 40 Company Cases 1065, MK Ranganathan & another Vs. The Government of Madras and others, AIR 1955 (SC) 604. Lawyers Involved: Rafique‑Ul-Huq, Advoc......agreement makes any default in payment or otherwise fails to comply with the terms of its agreement with the Sangstha, the Sangstha may notwithstanding anything contained in Article, 33 take over the management and administration of the industrial concern, and may sell or realise any property pledge..Category: Company Law | Date: | Hits: 193
Nowazullah and another Vs. Waz Khatun & another, 1990, 19 CLC (HCD)
.... to the only conclusion that plaintiff No.2 received a further sum as consideration, made endorsement to that effect on the back of the original agreements relinquishing her claim of reconveyance and handed over the documents to the appellant‑defendant. There are wide contradictions among the P.Ws......it is barred by limitation and that the plaintiff No.2 relinquished her interest under the agreement for getting back the suit land on receipt of a sum of Tk. 1500.00 from the defendant No.1 and made over the two original agreements with endorsement made on the back of the respective document signed...... reconveyance. In the result, the Rule is discharged but without any order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 279...Category: Property Law | Date: | Hits: 57
Shambhu Nath Saha & others Vs. State, 1989, 18 CLC (HCD)
....Hossain Thereafter, the petitioner No. 1 set up co‑accused Rasamoy Das who falsely personating himself executed and registered false Sale Deed No. 3558, dated 22.5.82 in favour of petitioner No.2, Chandra Rani Chowdhury and another Sale Deed in favour of co‑accused Shamsul Huq for the aforesaid ......s therefore, discharged. The learned Additional Metropolitan Magistrate is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 660. ......s therefore, discharged. The learned Additional Metropolitan Magistrate is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 660. ..Category: Criminal Law | Date: | Hits: 83
Kumudini Hospital Vs. Kumudini Hospital Karmachari Union & others., 1977, 6 CLC (HCD)
....dustry. In the Indian Act the word "industry" is defined as under "Industry" means any business, trade undertaking, manufacture, calling of employers and includes any calling, services, employment handicraft, industrial occupation or avocation of workmen". 12. A comparative study of these two ......g rise to the proceedings, in short, may be stated as follows: 4. In Writ Petition No. 102/74, the respondent Cholera Gobeshanagar Karmachari Union submitted a charter of demand on 9.4.73 and the Government referred the matter to the Labour Court u/s 32 of the Industrial Relations Ordinance, 1969......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)
....d written in Khatian No. 243 vide Ext. 12 is 15.43 acres and there are 2.94 acres of tenanted land also and the tenanted land is recorded in khatian Nos. 244 and 245. It further appears that Bhagati Chandra Chattapadhyaya had a Dar jote and Nasar Mondal a jote and Jageshwar Chattapadhyaya and others......al No. 6 of 1963 affirming those passed by Mr. Q Sharafat Ali, Munsif 2nd Court, Jessore, in Title Suit No. 23 of 1961. 2. The appellants filed the above suit for declaration of their title and recovery of khas possession in 6.21 acres of land as detailed in the schedules to the plaint. 3. The...... 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)
....m Vs. Kundalal, 26 Indian Appeal 58=3 CWN 502; Dharmadas Kundu Vs. Amulyadhan Kundu, ILR 33(Cal) 1119=10 CWN 765; Mating Aung Ba Vs. Ma Nyum, AIR 1928 (Rangoon) 141=IC 56. Lawyers Involved: MH Khandker, Advocate, with Sharifuddin Chaklader and Mohammad Ali, Advocates ‑For the Appellant. K...... bed rooms, 1(one) drawing room, 1(one) dining room, 1(one) kitchen room, 1(one) bath‑cum‑store room, dining space of 11' x II feet and corridor, 1 (one) dressing room, 2 (two) bathrooms, 2(two) covered verandas, 1(one) small water pump machine room, 1(one) concrete underground water tank or res......hat in 1978 while the appellant went to see her sister living in United State of America she executed a registered General Power of Attorney in favour of the respondent on 25.4.78, for the purpose of management and protection of her house which she subsequently cancelled on 19.8.80, when the relatio..Category: Property Law | Date: | Hits: 110
....the owner of the vessel; the master and crew become to all intents his servants, and through them the possession of the ship is in him.
The essence of the modern form of time charter, on the other hand, is that under it the ship‑owner agrees with the time charterer that during a certain named p......asing the said vessel from the order of conditional attachment passed by the Court on 6.7.81 in Money Suit NG. 152 of 1981.
3. The plaintiff petitioner filed Money Suit No. 152 of 1981 claiming recovery of a sum of Tk. 9,82,136.80 against the defendant No. 1 M/s Continental Grain Co. Ltd. (USA) a......nished there is no merit in these two revisional applications.
In the result, these Rules are discharged without any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 617.
..
Category: Admiralty Law or Maritime Law | Date: | Hits: 186
....itioner would file an application for winding up of the company under the provisions of the Companies Act. The respondent duly received the said notice. On receipt of the above notice, the respondent handed over on 25.8.88 a post dated cheque dated 30.9.88 bearing No. 2051522 to be drawn on Agrani B...... would file an application for winding up of the company under the provisions of the Companies Act. The respondent duly received the said notice. On receipt of the above notice, the respondent handed over on 25.8.88 a post dated cheque dated 30.9.88 bearing No. 2051522 to be drawn on Agrani Bank, Pr......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
Afsar (Md.) Vs. Moulvibazar Pourashava and others, 1990, 19 CLC (HCD)
....is decision occasioning failure of Justice and hence the impugned judgment and order should be set aside. Mr. Dewan AMS Zaman, the learned Advocate for the defendant opposite party No. 1 on the other hand submits that the impugned judgment and order has been rightly passed by the learned Subordinate......ill hearing of the temporary injunction matter. Upon service of the said show‑cause notice, the defendant No. 5 opposite party No.1 filed a written objection on 5.1.77 claiming title and possession over the said SAS plot No. 1638 since 1930 and asserting that in some part thereof sweepers of the s......te has been prepared or published in terms of the State Acquisition and Tenancy Act and rules. thereunder and that the plaintiff is entitled to continue in his possession and with the maintenance and management of the Waqf Estate described in the plaint schedule and for permanent injunction restrain..Category: Trust/Waqf Law | Date: | Hits: 181
Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)
....ti hut. In that night at about 1 AM while he (the informant) was smoking 'Hukka' he heard alarm of the wife of his son Nur Mia and then came out of the hut with a three battery charged torch light in hand and saw by its focus 5 persons passing away by the eastern side of his hut with chewar, dao, kn......hers came to the place of occurrence and heard about the same and also about recognisation of the assailants. It was further alleged in the FIR that the accused‑persons had enmity with the deceased over a dispute of ‘Koila Mahal' of Gendar‑Ghat since about 3 months prior to the occurrence. On ......are acquitted of the charges levelled against them. Let the appellants be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 573. ..Category: Criminal Law | Date: | Hits: 82
Abdul Quader Chowdhury Vs. Sayedul Hoque & others, 1990, 19 CLC (HCD)
....ase. In the instant case before me there is nothing on record to show that the plaintiffs obtained the lease practicing fraud upon the authority. Mr. Ruhul Amin for the opposite parties, on the other hand, relied on the decision in the case of Hazi Nurul Islam Vs. Serajul Islam and others, 4 BCR 198......ra Survey in the names of the different persons on the basis of their title and possession. The land of plot No. 123 is a reformed land and subsequently recorded in khatian No. 1 as khas land of the Government. The Government settled the said land measuring 78.23 to the different persons including t......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
Amir Ali & others Vs. State, 1990, 19 CLC (HCD)
....e material contradictions in the statements of the PW 7 and PW 10 regardhig disposal of the sarees which creates reasonable doubts about the prosecution case. Mrs. Salma Masud Chowdhury, on the other hand, submits that as the sample of the sarees was produced before the court containing the words "D......sult, the appeal is allowed and the order of appellants shall be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 564. ......sult, the appeal is allowed and the order of appellants shall be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 564. ..Category: Fiscal/Taxation Law | Date: | Hits: 101
Bangladesh Vs. Dewan Obaidur Reza Chowdhury and Others, 1990, 19 CLC (HCD)
....Abdul Mannan and others Vs. Halima Khatun and others, 27 DLR 465; Gappulal Vs. Thakurji Shriji Dawar‑kadheeshj and another, AIR 1969 (SC) 1291; 35 DLR AD page 216; 17 DLR pages 687, 547, 541, 105; Khandakar Mohiuddin Vs. Syed Moin Ahmed, 28 DLR SC 85; Ajufannessa @ Aji Bibi and others Vs. Safar Mi......intiff by a certificate proceeding, as the management of the estate of the ex‑landlord, defendant No. 1 was given to the Court of Wards; that during the last settlement operation, Tahsildar of the Government acquired Estate demanded illegal gratification from the plaintiff but he failed to meet su......e reclaimed the entire disputed land and possessed it from the time of reclamation and that subsequently the Court of Wards Estate realised rent from the plaintiff by a certificate proceeding, as the management of the estate of the ex‑landlord, defendant No. 1 was given to the Court of Wards; that..Category: Property Law | Date: | Hits: 101
..........................................Petitioners
Vs.
Bangladesh Chemical Industries Corporation and others.................Respondents.
Judgment
August 16, 1990.
Lawyers Involved:
Khandaker Mahbubuddin Ahmed with Mirza Hossain Haider, Advocates ‑For the Petitioners.
Dr. M Zah......After liberation of Bangladesh the Ujala Match Factory at Shyampur, Dhaka and Sattar Match Works at Lama, Chittagong Hill Tract as well as the Pakistan Manufacturers and Industries Limited were taken over and vested in the Government as abandoned property under the Presidential Order No. 16 of 1972.......ss 34. In the year 1962 the owners of Sattar Match Works established another match factory it Lama, Chittagong Hill Tracts, which was also named as "Sattar Match Works" and which being under the same management also used the same trade mark "Cock" on its match boxes. The two factories under the same..
Category: Intellectual Property Law | Date: | Hits: 264
State Vs. Satya Narayan Sarada, 1991, 20 CLC (HCD)
....discharge the accused opposite party and direct return of the goods. Hence the impugned order should be quashed. 7. Mr. Jamiruddin Sircar, the learned Advocate for the opposite party, on the other hand, contended that as it was a case of final report and not of charge‑sheet the learned Magistra......r the order of discharge passed by the learned Magistrate, the Customs Authority held further enquiry and asked the opposite party to show cause why the seized goods should not be confiscated to the Government when the opposite party showed causes to the Customs Authority. There on examination of th......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
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