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Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)
....at in consequence of a decree, passed in this suit, the parties may be involved in further litigation on the question as to whether the Mutawalli did lawfully transfer the property. The discretionary power of the Court to refuse specific performance of contract should be exercised in our opinion in ...... Kazi Ebadul Hoque J Silver Estate Ltd ................................Petitioner Vs. Abdul Hakim Mia and others................Respondent. Judgment April 3, 1991. Cases Referred to- AIR 1915 Mad 305, PLD 1947 PC 407; 521 C 971 AIR 1926; Mad 579, AIR 1961 Raj 196; AIR 1943 M......provision of that section is not applicable in this case. 41. The plaintiff admittedly paid the sum of Taka 3,00,000.00 to the defendant No. 1 as earnest money. Though the plaintiff has not specifically prayed for refund of the amount, under the residuary prayer in the plaint (for other reliefs t......tract is collusive, fraudulent, malafide and colourable without any consideration and to grab the suit property though defendant No. 1 has no right, title and interest in the suit property; that in a meeting on 6.3.83 at the Bar Library premises the defendant No. 1 admitted that the alleged contract..Category: Civil Law | Date: | Hits: 92
Anika Ali Vs. Rezwanul Ahsan, 2011, 40 CLC (AD)
....004, they lived together in the rented accommodation, but the respondent again physically tortured the petitioner on 17.12.2004 and pushed her out of his house and compelled her to divorce him by the power given to her in the Kabinnama and accordingly the petitioner divorced the respondent on 18.12.......-Record-For the petitioner. A. F. Hasan Arif, Senior advocate (with Rafiqul Islam Miah, Senior advocate) instructed by Zahirul Islam, Advocate-on-Record-For respondent. Civil Petition for Leave to Appeal No. 527 of 2011 (From the judgment and order dated 23.02.2011 passed by the High Court ......d. A child Farzan Ahsan, was born during their wedlock on 24.12.2003. Soon thereafter, the relationship between the petitioner and the respondent deteriorated. The petitioner claims that she was physically and mentally tortured by the respondent, who was a drug addict from the time of his studies in......on. This petition is dismissed with the above observations without, however, any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 77, 17 MLR (AD) (2012) 49. ..Category: Family Law | Date: | Hits: 327
Bera Pourashava and another Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
..... Accordingly, the government upon consideration of the said report took the decision to exclude the area mentioned in the schedule thereby curtailing the area of Bera Municipality in accordance with power given under Rule 4(2) of the aforementioned Rules. Thus the area mentioned in the schedule was......represented- Respondents No.1-8 (In Civil Appeal No.218 of 2007.) Not represented- the respondents (In Civil Appeal No. 126 of 2006.) Civil Appeal No.218 of 2007 with Civil Petition for Leave to Appeal No.126 of 2006. Judgment Muhammad Imman Ali J. - Leave was granted to consider the ......gment and order dated 11.05.2005 passed by the High Court Division in respect of Writ Petition Nos.5036 of 2002 and 3007 of 2003 are hereby set aside. Ed. This Case is also Reported in: ......gment and order dated 11.05.2005 passed by the High Court Division in respect of Writ Petition Nos.5036 of 2002 and 3007 of 2003 are hereby set aside. Ed. This Case is also Reported in: ..Category: Election Law | Date: | Hits: 152
Sudhansu Kumar Barai and others Vs. Abul Hashem and others, 1990, 19 CLC (HCD)
....ion in the disputed land which was decided on contest and as such matters in issue in both the suits are the same, the present suit is not maintainable. Clause (d) of rule 11 of Order 7 of the Code empowers the Court to reject a plaintiff, on the face of statements made in the plaint, the suit is ba......86. Judgment Bimalendu Bikash Roy Choudhury J. - This Rule is directed against an order dated 28.6.86 passed by Mr. Manjur Kader, Upazila Munsif, Banaripara in Title Suit No.12 of 1985 refusing to dismiss the suit as being barred by res judicata. 2. Opposite party No.1 namely, Abul Hashem H...... defendant. Being aggrieved the petitioners who were in the meantime substituted in place of the deceased defendant No. 1. preferred an application under section 115(1) of the Code of Civil Procedure calling in question the propriety of the order and obtained the present Rule. 3. Appearing on beh......tioned that the defendants shall be at liberty to agitate this question when the issues are framed. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 327. ..Category: Property Law | Date: | Hits: 80
Mojibur Rahman Sarker and others Vs. Shafiqul Islam and others, 1991, 20 CLC (HCD)
..... The statement goes unchallenged from the side of the opposite parties. The learned Assistant Judge does not appear to have at all applied his mind to the said aspect of the pre‑emptor's case. The power of the Court under Order 6 rule 17 of the Code of Civil Procedure is, no doubt, discretionary ......Rahman Talukder, Advocate ‑ For the Petitioner. Not represented-the Opposite Party. Civil Revision No. 989 of 1990. Judgment Bimalendu Bikash Roy Choudhury J. - Petitioners are pre‑emptors in an application for pre‑emption under section 96 of the State Acquisition and Tenancy Act, ......me on the ground that on their own prayer, the pre‑emptors were allowed exemption from adding the said persons and so they were not entitled to make such a prayer. Being aggrieved the pre‑emptors called in question the propriety of the order in this rule. 2. Heard the learned Advocate and per......amendment of the application for pre‑emption. There being no appearance from the side of the opposite party, I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 313. ..Category: Procedural Law | Date: | Hits: 81
Haque and Company Limited Vs. M/s. Western Soap Factory and others, 1990, 19 CLC (HCD)
....o. 1. So I hold that the petitioner is entitled to have relief as provided under section 37 of Trade Marks Act. 12. Mr. Asrarul Hossain further submits that under section 46 this Court has got the power to cancel the registration and to rectify the register. As I have already found that the respo......3 DLR (1991) 304. ......in favour of the respondent No. 1 is set aside and the Trade Mark Registry be rectified accordingly. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 304. ......in favour of the respondent No. 1 is set aside and the Trade Mark Registry be rectified accordingly. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 304. ..Category: Intellectual Property Law | Date: | Hits: 219
Captain Shamsul Alam Chowdhury Vs. Shirin Alam Chowdhury, 1991, 20 CLC (HCD)
....o become a joint holder of the said account of the Bank in which there was substantial amount. The petitioner had given the opposite party's cider brother Mohammad Ali Quayyum who resided at London a power of attorney for the operation of the said bank account. The petitioner for further security of......Alam Chowdhury ..........Petitioner Vs. Shirin Alam Chowdhury..........................Opposite Party. Judgment January 24, 1991. Result: The Rule is made absolute. Case Referred to- Moinuddin (Md.) Vs. Amina Khan Majlish, 42 DLR 483. Lawyers Involved: Md. Fazlul Karim......ar Hossain, Advocates ‑For the Petitioner. AY Masihuzzaman, Advocate ‑ For the Opposite Party. Civil Revision No. 832 of 1990. Judgment Mainur Reza Chowdhury J. - This Rule was issued calling upon the opposite party to show cause as to why the judgment and order dated 18.4.90 passed ......l made by the petitioner under section 17 of the Family Courts Ordinance on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 297...Category: Family Law | Date: | Hits: 230
....en appointed by them in writing before entering on the reference and who shall sit with the arbitrator and preside at their meeting. The death of any party shall mot revoke or affect the authority or powers of the arbitrators, or umpire respectively, and in the event of the death of an arbitrator or..................................................Appellant
Vs.
The Dhaka Dyeing and Manu facturing Company Limited.....................Respondent.
Judgment
March 15, 1990.
Cases Referred to-
Baroda Spinning and Weaving Company Limited Vs. Satyanarayan Marine and Fire Insurance Compa......aid policies, and that since die plaintiff by their letter dated 23.5.72 requested the defendant for the first time for appointment of surveyor and the defendant by their letter dated 25.5.72 unequivocally repudiated the claim of the plaintiff, all such claims were not payable under the usual policy...... difference shall be referred to the decision of an umpire who shall have been appointed by them in writing before entering on the reference and who shall sit with the arbitrator and preside at their meeting. The death of any party shall mot revoke or affect the authority or powers of the arbitrator..
Category: Alternative Dispute Resolution | Date: | Hits: 170
....tion. The rule is accordingly discharged without any order as to costs.
The order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 43 DLR (1991) 282.......ive Housing Society...........Petitioner
Vs.
Mujibur Rahman (Md.) & others.............................................Opposite Parties.
Judgment
September 24, 1990.
Cases Referred to-
Golam Hafez Mia Vs. Khadem Ali Mia, 29 DLR (SC) 311; Sultan Ahmed Vs. Puma Chandra Karmakar ......in that petition the plaintiffs prayed for inserting specific boundary in the schedule, as according to them there will be difficulty in getting a decree for khas possession if the land is not specifically described.
11. The learned Assistant. Judge after hearing the parties allowed the amendment......tion. The rule is accordingly discharged without any order as to costs.
The order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 43 DLR (1991) 282...
Category: Property Law | Date: | Hits: 146
Abdur Rashid Vs. State, 1990, 19 CLC (HCD)
.... as has been done. Section 190 (1)(b) and (c) runs as follows: "190. (1) Except as hereinafter provided, any District Magistrate or Sub‑Divisional Magistrate and any other Magistrate specially empowered in this behalf, may take cognizance of any offence. (a) upon receiving a complaint of fac......bdul Bari Sarker J Abdul Hasib J Abdur Rashid.......................Petitioner Vs. The State ...........................Opposite Party. Judgment May 20, 1990. Cases Referred to- Syed Ahmed and another Vs. The State and another, 1984 BLD 133; 37 DLR 336; Md. Zillul Rahim......l a distinction has been made between these two kinds of recommendations for the sake of convenience and according to this distinction, the police‑report containing recommendation for prosecutor is called "Charge‑Sheet" and the police‑report containing recommendation for discharging the accuse......fusing to refer the case under section 438 Cr.P.C. by the impugned order. We find no merit in the case. The Rule is, accordingly, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 279...Category: Criminal Law | Date: | Hits: 66
Mosharraf Hossain Mia Vs. Mosammat Hasina Begum and others, 1990, 19 CLC (HCD)
....ss the impugned order for arrest of his client. The contention of the learned Advocate seems to be correct. 5. Mr. Abdul Quiyum, the learned Advocate for the petitioner, submits that the Court has power and authority to make arrest under Order 38 rule I C.P.C. but the present order of arrest does......ion that the five kabalas executed by the defendants on 7.4.84, 6.5.84 and 13.5.84 are illegal, void and not binding upon the Wakf Estate, etc. The plaintiffs also filed an application for injunction to restrain the defendants from changing the nature and character of the suit land during the penden......mpugned order of the learned Subordinate Judge is set aside. The learned Subordinate Judge should dispose of the suit as early as possible. Ed. This Case is also Reported in: 43 DLR (1991) 254. ......mpugned order of the learned Subordinate Judge is set aside. The learned Subordinate Judge should dispose of the suit as early as possible. Ed. This Case is also Reported in: 43 DLR (1991) 254. ..Category: Property Law | Date: | Hits: 85
State Vs. Kalu Bepari, 1990, 19 CLC (HCD)
....t premeditation and so it would come under the 41h exception of section 300 of the Penal Code. We are unable to accept the plea. There was no such grave provocation as to make the accused deprived of power of self control. We, therefore, find that the condemned prisoner is liable under section 302 o......ammel Hoque J State...........................Petitioner Vs. Kalu Bepari...................Opposite Party. Judgment January 30, 1990. Lawyers Involved: M Shamsul Alam, Deputy Attorney‑General with Obaidur Rahman Mostafa, Assistant Attorney General, MA Rouf, Advocate ‑ For ......nviction of the condemned prisoner under section 302 of the Penal Code is upheld but the sentence of death is altered to life imprisonment. Ed. This Case is also Reported in: 43 DLR (1991) 249. ......nviction of the condemned prisoner under section 302 of the Penal Code is upheld but the sentence of death is altered to life imprisonment. Ed. This Case is also Reported in: 43 DLR (1991) 249. ..Category: Criminal Law | Date: | Hits: 81
Shamsul Haque (Md.) Vs. The State, 1990, 19 CLC (HCD)
....4 and 23 DLR (Peshwar) 12. In the case of Rahman Gul Vs. The State reported in 23 DLR (Peshwar) 12. It has been held that: "The barred appeal may be converted by the High Court into a revision and powers under section 439 Cr.P.C. can therein be exercised." 6. In the reported case, the appellan......msul Haque (Md.) .......................Appellant‑Petitioner Vs. The State ........................................Respondent‑Opposite Party. Judgment April 1, 1990. Cases Referred to- Elahi Bux Vs. State, (1987) 39 DLR 164; 1985 BLD page 335; 23 DLR (Peshwar) 12; Rahman Gul V......is, therefore, summarily rejected and consequently the petition of appeal in connection therewith is also rejected as barred by limitation. Ed. This Case is also Reported in: 43 DLR (1991) 247. ......is, therefore, summarily rejected and consequently the petition of appeal in connection therewith is also rejected as barred by limitation. Ed. This Case is also Reported in: 43 DLR (1991) 247. ..Category: Criminal Law | Date: | Hits: 70
Bangladesh Road Transport Corporation Vs. M/s. Ashraf Jute Mills Ltd., 1990, 19 CLC (HCD)
....tion was admitted' and usual notices were directed to be issued. The affidavit of compliance has duly been filed. On 14.5.87 the learned Advocates Mr. Golam Rabbani and Mr. Nasiruddin Chowdhury filed power on behalf of the respondent company. On 1.7.87 the learned Advocates of both the parties appea......Hoque J Bangladesh Road Transport Corporation........Petitioner Vs. M/s. Ashraf Jute Mills Ltd……………………………….Respondent. Judgment August 9, 1990. Case Referred to- Goal Bros. & Co. Vs. Yashodan Chit Fund Limited, 50 Company Cases, 708. Lawyers Invol......nable to pay and also has neglected to pay the aforesaid amount of Tk. 1,85,359.95 which is the legal dues of the petitioner. On 24.1.87 the petitioner served legal notice upon the respondent company calling upon it to pay the aforesaid amount within 3 weeks but the defendant company did not pay the......roperties both movable and immovable of the above company to this Court within two months from the date of receipt of a copy of this order. Ed. This Case is also Reported in: 43 DLR (1991) 240. ..Category: Company Law | Date: | Hits: 165
Serajul Islam Vs. The Director General of Food, 1990, 19 CLC (HCD)
....was acting as Officer‑in‑Charge of Sylhet Sadar LSD which is being challenged in the petition on the ground that the said proceeding has been drawn in a mala fide manner in colourable exercise of power without any lawful authority and also on the ground that the said impugned charge is violative...... (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Habibul Islam Bhuiyan J Serajul Islam ...................................Petitioner Vs. The Director General of Food..............Respondent. Judgment February 18, 1990. Result: The pet......No. 309 of 1990. Judgment Fazle Hussain Mohammad Habibur Rahman J. - The petitioner Md. Serajul Islam, Inspector of Food, Golapganj Upazila, District Sylhet has prayed for issuance of Rule Nisi calling upon respondent No. 1, Director General of Food to show cause why the impugned departmental ......In the result, on the grounds stated above the application of the petitioner is summarily rejected. The prayer for certificate is refused. Ed. This Case is also Reported in: 43 DLR (1991) 237...Category: Administrative Law | Date: | Hits: 175
Sheikh MA Jabbar Vs. AKM Obaidul Huq and others, 1990, 19 CLC (HCD)
....e Code it is clear that the order of the Court restoring possession" must be passed within one month from the date of conviction. It is not sufficient that an application to the Court to exercise its power should be made within one month from the date of conviction" In the case of Basanta Kumar Maid......Sadeque J Sheikh MA Jabbar.....................................Petitioner Vs. (1) AKM Obaidul Huq (2) The State............Opposite Parties. Judgment January 4, 1990. Cases Referred to- Aswani Kumar Das, 36 CWN 624; Dawmaya and another Vs. Emperor 38 CrLJ 918; Basanta Kumar Mai...... power should be made within one month from the date of conviction" In the case of Basanta Kumar Maid Vs. Ken Ram Maili AIR 1953 page 393 it has also been held that such an order beyond time is technically wrong. In this case however, the order of restoration was not disturbed. The order of restorat......passed by the Metropolitan Magistrate in case No. 792A/95 is set aside. The Rule arising out of Criminal Revision No. 239/88 is discharged. Ed. This Case is also Reported in: 43 DLR (1991) 233. ..Category: Criminal Law | Date: | Hits: 59
Matiur Rahman Vs. Election Commission and Others, 1990, 19 CLC (HCD)
....rict Narsingdi. In view of the repeal of Rule 68 of the Upazila Parishad (Election of Chairman) Rules, 1983 the Chief Election Commissioner, took the view that there is no specific provision in law empowering him to direct Respondent No. 2 the designated Appellate Authority (The Deputy Commissioner,......Rahman…………………………………………………..Petitioner Vs. Election Commission and Others…………............Respondents. Judgment April 9, 1990. Case Referred to- AFM Shah Alam Vs. Mujibul Huq and others, 1989 BLD (AD) 78=41 DLR (AD) 68. Lawyers Involv......Ordinance, 1982 which alone would have enabled the petitioner to contest in the election for the office of Chairman of Belabo Upazila Parishad. 5. Thereafter this Court issued Rule Nisi on 11.3.90 calling upon respondent No. 2 the designated Appellate Authority, Narsingdi and respondent No. 3 the......as duly corrected the mistake brought to his nod through this Courts. Accordingly the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 229...Category: Election Law | Date: | Hits: 112
Fahim Al Haque (Minor) and another Vs. Mohammad Abdul Aziz and others, 1990, 19 CLC (HCD)
....e suit as expeditiously as possible preferably within six months from the date of receipt of this order if the suit is otherwise found ready. Ed. This Case is also Reported in: 43 DLR (1991) 226.......hman Khan J Fahim Al Haque (Minor) and another ............Petitioners Vs. Mohammad Abdul Aziz and others................Opposite Parties. Judgment February 11, 1990. Cases Referred to- Ram Bahadur Pal and others Vs. Ram Shankar Prankar Prasad Pal, ILR 27 (All) 688; Ali Ahmed V......the suit itself should be heard and disposed of as expeditiously possible. In view of the facts and circumstances of the case, we find that the judgment and order of the lower Appellate Court (to not call for any interference by this Court. 10. In the result the Rule is discharged without any ord......e suit as expeditiously as possible preferably within six months from the date of receipt of this order if the suit is otherwise found ready. Ed. This Case is also Reported in: 43 DLR (1991) 226...Category: Property Law | Date: | Hits: 59
....rned Advocate appearing for the petitioner submits that the learned Labour Court is not a Court of appeal, that the Labour Court cannot reverse the findings of the domestic enquiry in exercise of its power under section 25 of the Employment of Labour (Standing Orders) Act, 1965 and that, therefore, ......t Division
(Special Original Jurisdiction)
Present:
Fazle Hussain Mohammad Habibur Rahman J
Habibul Islam Bhuiyan J
Eastern Pharmaceuticals Ltd, Dhaka represented by its Managing Director…………..Petitioner.
Vs.
The Chairman, First Labour Court of Bangladesh and others…â......d- the Respondents.
Writ petition No. 514 of 1990.
Judgment
Fazle Hussain Mohammad Habibur Rahman J.- The petitioner Eastern Pharmaceuticals Ltd. Dhaka has prayed for issuance of a Rule Nisi calling upon the respondents No. 1 Chairman, First Labour Court of Bangladesh, respondent No. 2 Md. ......ned Advocate for the petitioner. On the contrary they go against him.
In the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 223.
..
Category: Employment/Service Law | Date: | Hits: 89
Chevron Lines Vs. Chairman, Bangladesh Oil, Gas and Mineral CorÂporation, 1990, 19 CLC (HCD)
....e said to be arbitrary or mala fide in any manner. Impugned letter of intent dated 1.1.1990 has therefore been issued lawfully and validly. Ed. This Case is also Reported in: 43 DLR (1991) 218. ......n, Bangladesh Oil, Gas and Mineral CorÂporation (Petrobangla), 122-Â124 Motijheel Commercial Area, Dhaka and others………………Respondents. Judgment February 13, 1990. Cases Referred to- Sharping Natsajibi Samabaya Samity, 39 DLR (AD) 85; AIR 1979 (SC) 1628; AIR 1986 (SC) 1527; ...... the petitioner. The Tender Committee accordingly re‑evaluated the petitioner's bid and with intent to help the respondent No. 4 get the work, arbitrarily observed that the petitioners bid is technically non‑responsive. Thereafter the respondent No. 3 passed the impugned letter of intent awardin......case, he pointed out, the Tender Committee correctly evaluated the bids and the Board of Directors of Petrobangla after considering the evaluation report and other aspect of the matter decided in its meeting dated 8.1.1990 to award the contract in favour of the respondent No. 4 and in so doing the B..Category: Others | Date: | Hits: 131
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