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Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)

.... Exhibit 2 it appears that the parties compromised the case outside the Court and the accused were acquitted. This witness further testified that Exhibit 3 was sent to all relevant authorities to the Government just to injure him in the estimation of public. He further stated that false, baseless an......at the plaintiff was an Advocate of the High Court of East Pakistan as well as the Supreme Court of Pakistan for about 16 years and he is still practicing as a Senior Advocate of the Supreme Court of Bangladesh. He has his own residential house at 44, Purana Paltan Road, Dhaka. He is also a senior......ivision (Civil Appellate Jurisdiction) Present: Latifur Rahman J Anwarul Hauqe Chowdhury J Abdus Sobhan…………………......................Appellant Vs. Harekrishna Kundu and another............Respondents. Judgment September 1, 1988. Lawyers Involved: Abdus......eme Court High Court Division (Civil Appellate Jurisdiction) Present: Latifur Rahman J Anwarul Hauqe Chowdhury J Abdus Sobhan…………………......................Appellant Vs. Harekrishna Kundu and another............Respondents. Judgment September 1, 1988. L..

Category: Civil Law | Date: | Hits: 89

Government of Bangladesh Vs. Abdul Wahid Sheikh (dead) his heirs & others, 1990, 19 CLC (HCD)

.... This Case is also Reported in: 43 DLR (1991) 308. ...... also Reported in: 43 DLR (1991) 308. .......................................Appellant Vs. Abdul Wahid Sheikh (dead) his heirs & others .............Respondents. Judgment January 28, 1990. Cases Referred to- Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 31 DLR (AD) 195; Makku Mia & others Vs. Ali Hoss......ourt Division (Civil Appellate Jurisdiction) Present: Bimalcndu Bikash Roy Choudhury J Md. Mozarnmel Hoque J Government of Bangladesh.......................................Appellant Vs. Abdul Wahid Sheikh (dead) his heirs & others .............Respondents. Judgment Jan..

Category: Property Law | Date: | Hits: 77

Haque and Company Limited Vs. M/s. Western Soap Factory and others, 1990, 19 CLC (HCD)

....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. ......ade Mark Registry be not rectified accordingly. 2. The petitioner Hoque and Co. Ltd. moved this application stating that the petitioner company is a leading toilet and washing soap manufacturer in Bangladesh. It set up automatic soap manufacturing plant with machines imported from Germany at Tong......e no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 304. ...... Md. Mozammel Hoque J Haque and Company Limited having its registered Office at 85/A, New Eskaton Road, Dhaka‑2 ..................................................................Petitioner Vs. M/s. Western Soap Factory and others .............Respondents. Judgment April 4, 1990. ..

Category: Intellectual Property Law | Date: | Hits: 219

Captain Shamsul Alam Chowdhury Vs. Shirin Alam Chowdhury, 1991, 20 CLC (HCD)

..... 3. The case of the petitioner as stated in his plaint in the aforesaid suit No. 10 of 1987 in short is that he obtained Master Mariner (Certificate of Competency) from the Ministry of Transport, Government of United Kingdom and served with various foreign Shipping Companies and in 1968 he joine......nistry of Transport, Government of United Kingdom and served with various foreign Shipping Companies and in 1968 he joined National Shipping Corporation of Pakistan as a Captain and thereafter joined Bangladesh Shipping Corporation and served in that post till April, 1977. Thereafter the petitioner ......cate ‑ 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 by the District Judge, Dhaka in Misc. Appeal No. 71 of 1990 should no......eported in: 43 DLR (1991) 297...

Category: Family Law | Date: | Hits: 230

AHM Kamaluddin another Vs. The State, 1989, 18 CLC (HCD)

....ge acted illegally in not specifying the date on which the trial of Special Case No. 23 of 1987 should be deemed to have stood stopped, that the order of the learned Divisional Special Judge that the Government may take step for revival of the case if so desired is illegal and without jurisdiction, ...... পদক্ষেপ গ্রহণ করিতে পারেন।”. shall not be expunged. 2. The facts of the case are that petitioner No.1 AHM Kamaluddin was Managing Director of the Bangladesh Shilpa Bank from 17.1.75 to 2nd May, 1981. Petitioner No. 2 MA Karim was General Manager ...... J AHM Kamaluddin another……………….Petitioners Vs. The State....................................Opposite Party. Judgment August 21, 1989. Lawyers Involved: Abdul Wadud Khandker, Advocate ‑ For the Petitioner. Not represented-the Opposite Party. Criminal Revision......Court Division (Criminal Revisional jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Mohammad Ismailuddin Sarker J AHM Kamaluddin another……………….Petitioners Vs. The State....................................Opposite Party. Judgment August 21, 1989. ..

Category: Criminal Law | Date: | Hits: 63

Sadharan Bima Corporation Vs. The Dhaka Dyeing and Manu­ facturing Company Limited, 1990, 19 CLC (HCD)

....lt this appeal is allowed and the suit is dismissed. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 286. ......tile goods, that the plaintiff company along with other cotton and textile industries of the country was subsequently nationalised under President's Order No. 27 of 1972 and has been placed under the Bangladesh Textile Industries Corporation, that Norwich Union Fire Insurance Society Limited issued ......late Jurisdiction) Present: Mohammad Ismailuddin Sarker Muhammad Ansar Ali J Sadharan Bima Corporation ..............................................Appellant Vs. The Dhaka Dyeing and Manu­ facturing Company Limited.....................Respondent. Judgment March 15, 1990.......Division (Civil Appellate Jurisdiction) Present: Mohammad Ismailuddin Sarker Muhammad Ansar Ali J Sadharan Bima Corporation ..............................................Appellant Vs. The Dhaka Dyeing and Manu­ facturing Company Limited.....................Respondent. Judg..

Category: Alternative Dispute Resolution | Date: | Hits: 170

Jahangir Nagar University Co‑operative Housing Society Vs. Mujibur Rahman (Md.) & others, 1990, 19 CLC (HCD)

....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.......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...................................................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 and others, 28 DLR 131; Alokeshi Bank Vs. Aftabuddin, 13 DLR 871; Daguram Mandal Vs. ......2...

Category: Property Law | Date: | Hits: 146

Bangladesh Chemical Industries Corporation & others Vs. Grand Basia Company Limited & others, 1990, 19 CLC (HCD)

....ssets of M/s Ferdous Tannery but the defendant did not deliver the possession of the suit properties. He was given part possession of the suit properties. On 25.8.78 an agreement was made between the Government and himself for the sale of the suit properties but the delivery of possession was not gi......ly. Ed. This Case is also Reported in: 43 DLR (1991) 256. ......ivision (Civil Appellate Jurisdiction) Present: Md. Mozammel Hoque J Habibur Rahman Khan J Bangladesh Chemical Industries Corporation & others................Appellants Vs. Grand Basia Company Limited & others ...................................Respondents. Judgment ......h Court Division (Civil Appellate Jurisdiction) Present: Md. Mozammel Hoque J Habibur Rahman Khan J Bangladesh Chemical Industries Corporation & others................Appellants Vs. Grand Basia Company Limited & others ...................................Respondents. J..

Category: Property Law | Date: | Hits: 73

Mosharraf Hossain Mia Vs. Mosammat Hasina Begum and others, 1990, 19 CLC (HCD)

....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. ......risdiction of the Court, or (iii) has disposed of or removed from the local limits of the jurisdiction of the Court his property or any part thereof, or (b) that the defendant is about to leave Bangladesh under circumstances affording reasonable probability that the plaintiff will or may there......Division (Civil Revisional Jurisdiction) Present: Abdul Bari Sarkar J Abdul Hasib J Mosharraf Hossain Mia ...................................Petitioner Vs. Mosammat Hasina Begum and others...............Opposite Parties. Judgment May 13, 1990. Lawyers Involved: Abdu...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Abdul Bari Sarkar J Abdul Hasib J Mosharraf Hossain Mia ...................................Petitioner Vs. Mosammat Hasina Begum and others...............Opposite Parties. Judgment May 13, 1990...

Category: Property Law | Date: | Hits: 85

Shamsul Haque (Md.) Vs. The State, 1990, 19 CLC (HCD)

....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. ......) 39 DLR 164; 1985 BLD page 335; 23 DLR (Peshwar) 12; Rahman Gul Vs. The State, 23 DLR (Peshwar) 12; Rustom Ali Mia Bhuiyan Vs. The State, 9 DLR 424; Abul Hossain and others Vs. The State, 37 DLR 59; Bangladesh Vs. Shahjahan Seraj, 32 DLR (AD) 1. Lawyers Involved: Md. Abdul Majid, Advocate ......ed to- Elahi Bux Vs. State, (1987) 39 DLR 164; 1985 BLD page 335; 23 DLR (Peshwar) 12; Rahman Gul Vs. The State, 23 DLR (Peshwar) 12; Rustom Ali Mia Bhuiyan Vs. The State, 9 DLR 424; Abul Hossain and others Vs. The State, 37 DLR 59; Bangladesh Vs. Shahjahan Seraj, 32 DLR (AD) 1. Lawyers In...... DLR (1991) 247. ..

Category: Criminal Law | Date: | Hits: 70

Bangladesh Road Transport Corporation Vs. M/s. Ashraf Jute Mills Ltd., 1990, 19 CLC (HCD)

....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. ......eipt of a copy of this order. Ed. This Case is also Reported in: 43 DLR (1991) 240. ......ved: Md. Aminul Huq, Advocate ‑ For the Petitioner. Not represented ‑ the Respondent. Matter No. 9 of 1987. Judgment Md. Mozammel Hoque. - This is an application under sections 162 and 163 of the Companies Act, 1913 for winding up of the respondent company namely, M/s. Ashraf Jute......eported in: 43 DLR (1991) 240. ..

Category: Company Law | Date: | Hits: 165

Serajul Islam Vs. The Director General of Food, 1990, 19 CLC (HCD)

.... including the matters provided for in Part‑IX and award of the penalties or punishments; (b) the acquisition, administration, management and disposal of any property vested in or managed by the Government by or under any law including the operation and management of, and service in any nationa......ss the context otherwise requires, 'person' includes a statutory public/authority and any court or tribunal, other than a Court or tribunal established under a law relating to the Defence Services of Bangladesh or any disciplined force or a Tribunal to which Article 117 applies." Article 117 of t......oner as contained in Memo No. 199/পরি/প্রসা/তদন্ত ও মামলা/13/90 dated 10.1.90, Annexure‑H should not be declared to have been made without any lawful authority and of no legal effect. 2. The short facts of the case are, that the Regional Controller of Food,......Court Division (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. Re..

Category: Administrative Law | Date: | Hits: 175

Matiur Rahman Vs. Election Commission and Others, 1990, 19 CLC (HCD)

....bmission of the learned Advocate for the petitioner that the Election Commissioner under their plenary powers of holding and conducting the elections fairly and properly under section 19 of the Local Government (Upazila Parishad and Upazila Administration Re‑organisation) Ordinance, 1982 can set r......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.......) Present: Fazle Hussain Mohammad Habibur Rahman J Habibul Islam Bhuiyan J Matiur Rahman…………………………………………………..Petitioner Vs. Election Commission and Others…………............Respondents. Judgment April 9, 1990. Case Referred to- ......ecial Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Habibul Islam Bhuiyan J Matiur Rahman…………………………………………………..Petitioner Vs. Election Commission and Others…………............Respondents. Judgment April 9, 19..

Category: Election Law | Date: | Hits: 112

Eastern Pharmaceuticals Ltd, Dhaka represented by its Managing Director Vs. The Chairman, First Labour Court of Bangladesh and others, 1990, 19 CLC (HCD)

....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. ......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……………….Respondents. Judgment April 17, 1990. Cases Referre......bibur 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……………….Respondents. Judgment April 17, 1990. Cases Referred to- B......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……………….Respondents. J..

Category: Employment/Service Law | Date: | Hits: 89

Dewan Mohammad Safare Ali & others Vs. People's Republic of Bangladesh, 1990, 19 CLC (HCD)

....ance with the principle laid down in Order XLI Rule 21 of the CPC. In the result, the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 221.......Court High Court Division (Civil Revisional Jurisdiction) Present: Syed Fazle Ahmed J Dewan Mohammad Safare Ali & others…………………..Petitioner Vs. People's Republic of Bangladesh……………………………….Opposite Party. Judgment April 10, 1990. Law......r the Petitioner. Mashuk Hossain Ahmed, Assistant Attorney General ‑For the State. Civil Revision No 397 of 1986. Judgment Syed Fazle Ahmed J. - This Rule calls in question the legality and propriety of the judgment and decree dated 3.12.85 and 9.12.85 respectively passed by Additional...... 43 DLR (1991) 221...

Category: Property Law | Date: | Hits: 60

Chevron Lines Vs. Chairman, Bangladesh Oil, Gas and Mineral Cor­poration, 1990, 19 CLC (HCD)

....the respondent No. 4 on several grounds. Relying on the decision in the case of Sharping Natsajibi Samabaya Samity, 39 DLR (AD) 85, his first ground is that Petrobangla king an instrumentality of the Government is subject to the same constitutional and legal limitations as imposed under the Governme......hevron Lines, a registered partnership with its office at Sheikh Mujib Road, Dewan­hat, Chittagong………………………………………………………..Petitioner Vs. The Chairman, Bangladesh Oil, Gas and Mineral Cor­poration (Petrobangla), 122-­124 Motijheel Commercial Area, Dh......stered partnership with its office at Sheikh Mujib Road, Dewan­hat, Chittagong………………………………………………………..Petitioner Vs. The Chairman, Bangladesh Oil, Gas and Mineral Cor­poration (Petrobangla), 122-­124 Motijheel Commercial Area, Dhaka and others……...... Islam Bhuiyan J Chevron Lines, a registered partnership with its office at Sheikh Mujib Road, Dewan­hat, Chittagong………………………………………………………..Petitioner Vs. The Chairman, Bangladesh Oil, Gas and Mineral Cor­poration (Petrobangla), 122-­124 Motijhee..

Category: Others | Date: | Hits: 131

Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)

....a Central Jail on 18.4.91. After the said President was taken from his Sena Bhaban residence to Gulshan House No. 10, Road No. 84, the said Sena Bhaban was taken over by a Committee, appointed by the Government and handed to the Chief Metropolitan Magistrate, Dhaka for making an inventory which the ...... case which petition the accused himself could have affirmed but he did not do so. 2. Facts leading to this, in short, are: that the accused who is the former President of the People's Republic of Bangladesh had resigned from the post of Presidency on 6th of December, 1990. He was arrested under ......QB 759; AIR 1966 (Mysore) 231); AIR 1940 Lahore 527); 37 CrLJ 1146, 40 CrJJ 803, AIR 1925 Oudh, 52; AIR 1938 Rajsthan 456; Pakira Purari‑prisoner, AIR (31) 1944 Mad 78; Regina Vs. Camborne justices and another, 1 QB 1955 page 78; Reg Vs. Rand, (1866) LR I QB 230 and 232. Lawyers Involved: ...... Supreme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Anwarul Hoque Choudhury J Habibar Rahman Khan J Hussain Mohammad Ershad..............Petitioner Vs. The State ......................................Opposite Party. Judgment May 22, 1991. ..

Category: Criminal Law | Date: | Hits: 73

Chairman, BCIC Vs. Md. Ali Akkas and others, 2010, 39 CLC (AD)

.... to the effect that lump amount was not payable to those who had enjoyed encashment during the period of service. The audit authority in its objection did not mention any specific rule, regulation or Government order, rather the authority advised the BCIC to follow the system in the light of the mem...... Appellate Division (Civil) Present: Mohammad Fazlul Karim CJ Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J The Chairman, Bangladesh Chemical Industries Corporation (BCIC) and oth­ers………….......Petitioners (In bot......ammad Fazlul Karim CJ Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J The Chairman, Bangladesh Chemical Industries Corporation (BCIC) and oth­ers………….......Petitioners (In both the peti­tions) Vs. Md. Ali Akkas and oth...... Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J The Chairman, Bangladesh Chemical Industries Corporation (BCIC) and oth­ers………….......Petitioners (In both the peti­tions) Vs. Md. Ali Akkas and others…………………………..............................Responden..

Category: Employment/Service Law | Date: | Hits: 90

Bangladesh Inland Water Transport Corporation Vs. Nazma Transport Company, 1991, 20 CLC (HCD)

....vessel, to the owner of such vessel. (3) An order to pay compensation shall have effect as if it were a decree of a civil Court of competent jurisdiction and the amount of compensation may, if the Government so directs in case of default in payment, also be recovered by distraint and sale of the ......ll be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ...... as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ...... (1993) 152. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 164

Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)

....empowering an executive authority exercising a power giving a right or taking away a privilege as enjoined by law and any act and exercise of power even if it arises out of a contract executed by the Government executive authorities must be presumed to be exercised fairly reasonably in the ably in t......134.......rt High Court Division (Special Original Jurisdiction) Present: Anwarul Hoque Choudhury J KM Hasan J Agragami Engineers Ltd.....................Petitioner Vs. Bangladesh Bank and others…………………Respondents Judgment November 17, 1992. Cases Referred To- ......(1993) 134...

Category: Others | Date: | Hits: 123