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Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)
....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. ......ed J Muhammad Ansar Ali J Khelu Mia and others....................Appellant Vs. The State....................................Respondent. Judgment August 30, 1990. Cases Referred to- Hazi Nurul Islam Vs. Serajul Islam and others, 4 BCR 1984 (AD) 401; Singaram and another, AI......d Abdul Hye, and after reaching the hut of his son he found him dead in a throat‑cut condition. Then wife of the victim Nur Mia reported to him that when she had burnt a kupibati due to the natural call of her minor son, the accused‑persons numbering 5 entered into her hut with dao, chhuri and c......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)
....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. ......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)
....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. ...... Rahman J Amir Ali & others................................Appellants Vs. The State..........................................Respondent. Judgment January 31, 1990. Case Referred to- Abdul Hamid and another Vs. The State, 40 DLR 477. Lawyers Involved: Shaukal Ali Khan ......rees of different varieties. In his presence a seizure list of those sarees was prepared. He proved the seizure list, Ext. 2 and his signature Ext. 2/2. In his cross‑examination he stated that PW 1 called him to the police station and could not say when the truck was brought to the police station.......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
Hosne Ara Begum Vs. Alhaj Md. Rezaul Karim and others, 1990, 19 CLC (HCD)
....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......ly Court. 7. The Court of appeal below without considering the pleadings in their proper perspective and without discussing and considering the evidences on record and without setting aside specifically the findings of facts arrived at by the trial Court jumped to the conclusion that the plaintif......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
Rabindra Narayan Gope Vs. Nani Gopal Gope and other, 1990, 19 CLC (HCD)
....ceed with the Execution Case No. 14 of 1981 according to law. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 540. ......Rahman J Rabindra Narayan Gope.............................Petitioner Vs. Nani Gopal Gope and others........................Opposite parties. Judgment March 29, 1990. Cases Referred to- Munshi Rai Vs. Rup Narain and others, AIR 1927 pat 288; Bans Rai Singh Vs. Krishna Chandra, ......ly the petitioner got delivery of possession of the building against the order of the Court but his conduct in not handing over possession of the building to the opposite parties No. 1 and 2 does not call for disposal of the execution case by the executing Court. 7. Now the question remains to be......ceed with the Execution Case No. 14 of 1981 according to law. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 540. ..Category: Procedural Law | Date: | Hits: 81
Atash Ali and others Vs. Rebati Mohan Sarker and 3 others, 1990, 19 CLC (HCD)
....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. ......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
....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.
......good will and trade mark 'Cock'.
13. Dr. Zahir, on the other hand, submits that neither in the agreement for sale nor in the schedules of properties nor in the inventory it has been section specifically mentioned that the goodwill and trade mark are also included in the schedule and the same has ......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.
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Category: Intellectual Property Law | Date: | Hits: 264
State Vs. Satya Narayan Sarada, 1991, 20 CLC (HCD)
....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......ort appearing in the above section undoubtedly relates to a report of a police officer not below the rank of Sub‑Inspector under section 173 of the Code of Criminal Procedure but it does not specifically speak of any charge‑sheet or a final report. It has been held in a number of decisions 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
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.......aruddin Ahmed J Nannu (Md.) Miah........................………..Petitioner Vs. Mosammat Peer Banu Bibi & another......Opposite Parties. Judgment July 17, 1990. Cases Referred to- AIR 1936 (Sind) 99; AIR 1941 Cal. 401 (404); 35 DLR 217; PLD 1969 Dhaka 930. Lawyers Inv......ure does not stand in the way and that the judgment so long as it stands is conclusive but if it is vacated on any ground upon which it can be vacated in law, the bar created by section 11 is automatically removed. In support of this decision reliance has been placed upon some observation of the Jud......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...Category: Procedural Law | Date: | Hits: 86
Motaleb @ Mutu and others Vs. State, 1990, 19 CLC (HCD)
.... 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...... State. Criminal Revision Case No. 322 of 1987 (Narsingdi). Judgment Habibur Rahman Khan J. - On an application filed under section 561A of the Code of Criminal Procedure the Rule was issued calling upon the Deputy Commissioner, Narsingdi to show cause as to why the judgment and order dated......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)
....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 the intention was but to delay or defeat the execution of any future decree passed in favour of the plaintiff. It may also be mentioned that in the normal course of business a foreign ship does not call on a foreign port unless it is chartered for the purpose. 11. We have also noted that there......meet the claims to UNDP W.F.P. and unless the schedule lighterage vessel is attached, the plaintiff will suffer irreparable loss”. In the plaint itself in paragraph 5 statements were made about the meeting between the officials of the defendants and the officials of the plaintiff, when on 22-2-77 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 240
State Vs. Md. Ali Kibria @ Shahzijahan and others, 1990, 19 CLC (HCD)
....side. The condemned prisoner Mohammad Ali Kibria alias Shahjahan is set at liberty forthwith if not wanted in connection With any other case. Ed. This Case is also Reported in: 43 DLR (1991) 512....... Md. Ali Kibria @ Shahajahan ............................Appellant Vs. The State......................................................Respondent. Judgment March 6, 1990. Case Referred to- Waris and others Vs. The State, 1982 Pak. Crl. Law Journal 720. Lawyers Involved: Md. ......ated thus: First Information Report was lodged by one Shafique Ahmed on 30.3.85 at 9 PM at Dhanmondi PS being Dhanmondi PS Case No. 65(3)85 alleging inter alia that the informant received a telephone call at 4 PM from his uncle Nurur Rahman that at 41/4‑A, Jigatala in Dhaka City his distant cousin......side. The condemned prisoner Mohammad Ali Kibria alias Shahjahan is set at liberty forthwith if not wanted in connection With any other case. Ed. This Case is also Reported in: 43 DLR (1991) 512...Category: Criminal Law | Date: | Hits: 93
Farzana Huq Vs. Bangladesh, 1990, 19 CLC (HCD)
.... 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......e the Dhaka Central Jail. On 13.2.90 he was served with the grounds of his detention which were the same as the grounds served upon him earlier. 3. Thereupon the petitioner presented this petition calling in question the detention contending that the detenu is being detained without any lawful au......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)
....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. ......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)
....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......espondent No. 2. Writ Petition No. 287 of 1987. Judgment Bimalendu Bikash Roy Choudhury J. - This Rule under Article 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)......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)
.... 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......d accused officer Mansur to the residence of appellant to enquire about his whereabouts but he could not be traced out. Then accused AVP Keramat Ali after contacting with the head office at 8‑00 PM called all the bank employees and searched them. On search about Taka four lacs and one key were rec......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)
....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......, 1982 to 11th November, 1986 i.e. the date of commencement of the Constitution (7th Amendment) Act, 1986 inclusive were ratified and confirmed and declared to have been validly made and shall not be called in question in or before any Court, Tribunal Authority or any ground whatsoever. 12. But a...... 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)
....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......empt it served the lay‑off notices Annexure B‑1 to B‑13 to this petition. 4. The respondent 1 after hearing the case held that the notice of lay‑off was illegal and directed the same to be called off and passed an order upon the petitioner 1 to pay the wages and arrears since October, 198......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
Mustafizur Rahman Vs. State and others, 1992, 21 CLC (HCD)
....the petition for bail of the petitioner and we find no reason to grant the prayer for bail. In the result, the Rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 227. ......abibur Rahman J Abu Sayeed Ahmed J Mustafizur Rahman....................Petitioner Vs. State and others ......... …….Opposite Party Judgment November 29, 1992. Case Referred to- Nadir Ali, 1960 CrLJ 188; Shaikh Shahidul Islam Vs, State, 44 DLR (AD) 192; Nisar Ahmed Vs. T......1. Amirul Kabir Chowdhury, Deputy Attorney‑General ‑ For the State. Criminal Miscellaneous Case No.550 of 1992. Judgment Fazle Hussain Mohammad Habibur Rahman J.- This Rule was issued calling upon the Deputy Commissioner, Dhaka and opposite party No.1 Mr. Harunar Rashid Chowdhury, Jo......nception in 1985‑86. It also further appears that the Board of Directors of BCI Limited appointed accused petitioner Mustafizur Rahman as the President and Managing Director of BCI Limited in its meeting dated 4.10.86 and the said fact was informed to the Governor, Bangladesh Bank by their lette..Category: Criminal Law | Date: | Hits: 125
Abdul Matin Sarker Vs. Election Commission and others, 1993, 22 CLC (HCD)
....nised subsequently. This, clearly spelt out in the law and the Rules made thereunder and in proforma Form A of the Rules. 9. We in mandamus can only interpret a law so to examine the extent of the power of an executive and its misuse if any but shall not in the process read into a law something w......Hasan J Abdul Matin Sarker...........................Petitioner Vs. Election Commission and others……………………..…..Respondents Judgment January 28, 1993. Case Referred to- Regina Vs. Medical Appeal Tribunal, ex parte Gilmore, 1957 IQB at page 583. Lawyers Involv......er as prayed for in Court after being certified by the Registrar of this Court by today as the election is due on 30th of this month. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 220. ......er as prayed for in Court after being certified by the Registrar of this Court by today as the election is due on 30th of this month. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 220. ..Category: Election Law | Date: | Hits: 126
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