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Mozammel (Md.) Huq Vs. State, 1990, 19 CLC (HCD)
....Court. The Special Tribunal shall have the liberty to cancel the bail‑ of the accused if and when he finds it necessary in course of trial. Ed. This Case is also Reported in: 43 DLR (1991) 614.......simply an error in regard to the framing of the charges so such error cannot be taken to be fatal for reversing or altering the conviction on appeal. 8. On this point Mr. Serajul Huq referred to a decision reported in 10 DLR (SC) page 29 wherein it has been held that no question as to whether pre..Category: Criminal Law | Date: | Hits: 52
Anu Bala Vs. Upazila Nirbahi Officer, Perojpur and Others, 1990, 19 CLC (HCD)
....rty. Civil Order No.2614 of 1990. Judgment Anwarul Hoque Chowdhury J. - This is an application under section 115 of the Code of Civil Procedure and is directed against the judgment and order dated 23.7.90 passed by the District Judge, Perojpor, in Title Appeal No. 67 of 1990 allowing an app...... parties accepted the submission of the Government to the effect that the Government officials and the Government lawyer had no laches in filing the appeal and in finding so the court referred to the decision in the case of Circle Officer, Sutrapur Vs. Mohammad Hossain, reported in 1990 BLD Vol. 10 ..Category: Limitation Law | Date: | Hits: 192
....ormed the Court that the impugned Ordinance Annexure 'E' to the petition being Ordinance No. XXXIII of 1991 has already been repeated by the Government and in support thereof the Gazette Notification dated 3rd October, 1991 was produced before the Court. In view of the changed situation Mr. Amirul I......atter be placed before the regular Bench on the re‑opening of the Court on 20th October, 1991 for hearing of the substantive application.
Ed.
This Case is also Reported in: 43 DLR (1991) 607.
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Category: Constitutional Law | Date: | Hits: 229
....corporated under the Companies Act, having its office and factory at 45, Mohakhali Commercial Area, PS Gulshan, Dhaka‑ 12.
2. The petitioners have alleged in the application that by an agreement dated 14.9.83 executed between the petitioner and the respondent‑company the demised premises from......able. It is upto the petitioner to choose the forum of relief. He has referred to a case of Bangladesh Road Transport Corporation Vs. M/s Ashraf Jute Hills Ltd. reported in BLD 1990 page 144. In that decision it is held by this Court that an arrear house rent is the liability of a company and if a c..
Category: Company Law | Date: | Hits: 190
Kutub Uddin Bhuiyan and others Vs. Sakhina Bibi and others, 1990, 19 CLC (HCD)
.... devolved upon his sons Govinda Charan Naha and Prasanna Kumar in equal share in ejmali. While they were owning the same Govinda Charan Naha sold his half share to the plaintiffs by registered kabala dated 15.5.43. Prosanna Kumar Naha also settled his share to the plaintiffs on receiving proper sala......on for rejecting the application for amendment. He further submits that the amendment was just and necessary for proper adjudication of the title, and the Court below committed an error of law in the decision occasioning failure of justice in not noticing that the petitioners were not impleaded in T..Category: Property Law | Date: | Hits: 92
Abdur Rahman Vs. Shahanara Begum, 1990, 19 CLC (HCD)
.... Opposite Party. Civil Revision No. 11 of 1989. Judgment Kazi Ebadul Hoque J. - This Rule was issued at the instance of the defendant‑petitioner Abdur Rahman against the judgment and order dated 28.4.1988 passed in the Family Court Appeal No. 26 of 1987 by the Subordinate Judge and 1st Co...... the Court of appeal below acted illegally in setting aside the order of the Family Court rejecting the plaint. 4. Mr. Nurul Islam Chowdhury, the learned Advocate for the petitioner relying on the decision in the case of Suratannessa Vs. Md. Naimuddin reported in 18 DLR 37 submitted that the peti..Category: Civil Law | Date: | Hits: 106
Abul (Md.) Kashem & others Vs. Ashrafuzzaman, 1990, 19 CLC (HCD)
....he Opposite Party No. 1. Civil Revision No. 641 (Dhaka) of 1988. Judgment Kazi Ebadul Hoque J.- This Rule was issued on 14.9.86 at the instance of defendant petitioners challenging the order dated 21.7.86 accepting the valuation put by the plaintiff in the plaint on deciding the issue No. 2......s. Province of East Pakistan reported in 22 DLR 646 and also the case of Syed Ahmed Vs. Keshab Chandra and another reported in 1988 BLD 60; 22 DLR 646 to which one of us was a party is a Single Bench decision. In that case the petitioner instituted a suit against defendants for declaration of raiyat..Category: Civil Law | Date: | Hits: 94
Afsar Ali Chowdhury and others Vs. The People's Republic of Bangladesh, 1990, 19 CLC (HCD)
....pposite Party. Civil Order No. 1932 of 1990. Judgment Anwarul Hoque Choudhury J. - This is an application under section 115(1) of the Code of Civil Procedure and is directed against an order dated 8.9.90 passed by the learned Subordinate Judge, Thakui gaon in Money Suit No. 1 of 1990 reject......he further case that Article 149 is discriminatory. 6. We have examined the matter and considered the submissions of the learned Advocate and the reasonings of the court below and particularly the decision in the case of Province of East Bengal Vs. Bakergonj Central Co‑operative Sales and Suppl..Category: Civil Law | Date: | Hits: 87
Afsar (Md.) Vs. Moulvibazar Pourashava and others, 1990, 19 CLC (HCD)
....tes ‑ For the Opposite Party No. 1. Civil Revision No. 53 of 1986. Judgment Muhammad Ansar Ali J. - This rule at the instance of the plaintiff petitioner arises out of a judgment and order dated 11.12.85 passed by Mr. Kabir‑ul‑lslam, Subordinate Judge, Maulvibazar disallowing Miscella......elevant provisions of law namely Order XLVII rule 1 of the Civil Procedure Code and in deciding the case without fixing proper points for determination, and as a result there has been an error in his decision occasioning failure of Justice and hence the impugned judgment and order should be set asid..Category: Trust/Waqf Law | Date: | Hits: 181
Yakub (Md.) Ali Howlader Vs. Abdur Rab Munshi, 1990, 19 CLC (HCD)
.... in Election Tribunal Case No. 1 of 1990. 2. Facts leading to this in short are that the petitioner Md. Yakub Ali Howlader along with opposite party No. 1 namely Abdur Rab Munshi contested as candidate for the post of Chairman, Shariatpur Upazila Parishad in Shariatpur district held on 14th March......s ultimately terminating in the result and hence any illegality committed in the process is a dispute and an election dispute and in support of his contention the learned Advocate referred to certain decisions of this Court to which we shall, advert presently. 10. We have examined the impugned or..Category: Election Law | Date: | Hits: 156
Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)
....rt of the learned Additional Sessions Judge, Netrokona and at the conclusion of the trial they were convicted under the said charges and sentenced to transportation for life by the judgment and order dated 30.8.96 of the Additional Sessions Judge. 2. Being aggrieved by the aforesaid judgment and ......ctim in furtherance of common intention, we feel in the facts and circumstances of the case application of section 460 of the Penal Code in the charge is materially defective. In this connection some decisions reported in AIR 1954 (Madras) 152; PLD 1956 (Lahore) 157 may be referred to. In the case o..Category: Criminal Law | Date: | Hits: 82
Abdul Quader Chowdhury Vs. Sayedul Hoque & others, 1990, 19 CLC (HCD)
....in favour of the plaintiffs before Mr. MA Karim, the Additional Deputy Commissioner, Noakhali and S.A Petition Case No. 20 of 1985‑86 was started and the Additional Deputy Commissioner by his order dated 15.8.85 cancelled the lease of the plaintiffs. 3. The defendant No. 3, petitioner herein co...... Title Suit No. 63 of 1976 which was a piece of evidence in that suit and cannot be used as evidence in this suit in the absence of the sketch map and without examining the Commissioner. He cited the decision in the case of Sundar Vs. Hiru and others, 1936 Lah 138 in support of his contention. In th..Category: Property Law | Date: | Hits: 72
Amir Ali & others Vs. State, 1990, 19 CLC (HCD)
....ed in presence of PW 1 Atahar Ali Sk., PW 9 Habibullah and PW 4 Baharuddin and 3011 pieces of Indian sarees were found. He said that he signed the GD entry at 5.00 AM and proved the GD entry No. 1076 dated 22.8.85, Ext. 4 and his signature thereon, Ext. 4/1. PW 6 was not cross‑examined. 10. PW ......nless the prosecution discharges the duty to prove so beyond reasonable doubt no conviction can be made u/s 156 (8)(89) Customs Act, 1969 read With section 25B of the Special Powers Act, 1974 cited a decision in the case of Abdul Hamid and another Vs. The State, 40 DLR 477 and referred me to paragra..Category: Fiscal/Taxation Law | Date: | Hits: 101
Bangladesh Vs. Dewan Obaidur Reza Chowdhury and Others, 1990, 19 CLC (HCD)
....968. Judgment Muhammad Ansar Ali J. - This Second Appeal at the instance of the contesting defendant No. 2, Province of East Pakistan, now Bangladesh is directed against the judgment and decree dated 14th February, 1968 passed by the learned Subordinate Judge, 1st Additional Court, Sylhet in T......een discussed or decided by the trial Court. Besides its finding on the said question was bad and illegal and rightly reversed by the lower Appellate Court. In this connection he has referred to some decisions reported in 27 DLR 413 in the case of Md. Ibrahim Vs. Md. Alauddin and others and in the c..Category: Property Law | Date: | Hits: 101
Sadharan Bima Corporation Vs. Bangladesh Shipping Corporation & others, 1990, 19 CLC (HCD)
....interests of the parties in any manner whatsoever and the Court will be at liberty to decide the matter independently in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 548.......ion hold as follows: "The section is attracted only when damage is done to the goods, due to negligence, misconduct or breach of contract or breach of duty in relation to the goods. In a series of decisions in England it has been settled now that it gives the Courts Jurisdiction only when there i..Category: Admiralty Law or Maritime Law | Date: | Hits: 195
Hosne Ara Begum Vs. Alhaj Md. Rezaul Karim and others, 1990, 19 CLC (HCD)
....Hossain, Advocate ‑ For Opposite party (In both the cases). Civil Revision Nos. 68 and 69 of 1990. Judgment Kazi Ebadul Hoque J. - These two Rules arise from analogous judgment and decrees dated 20.2.1990 passed in Family Court Appeal Nos. 42 and 43 of 1989 by the Additional District Judg......s the powers of a civil Court under the provisions of the Code of Civil Procedure and as such can send the case on remand after setting aside the judgment of the Family Court. We have noticed in that decision that under rules 47 and 48 of Union Parishad (Election) Rules, 1983 the Election Tribunal s..Category: Family Law | Date: | Hits: 210
Rabindra Narayan Gope Vs. Nani Gopal Gope and other, 1990, 19 CLC (HCD)
....986. Judgment AM Mahmudur Rahman J. - This Rule arising out of an order of the appellate Court made on March 17,1986 in Miscellaneous Appeal No. 254 of 1982 from an order of the executing Court dated April 22, 1982 gives rise to an important question of law for consideration. The question is w......he decree as the delivery of possession to the petitioner was for the benefit of all the several joint decree‑holders‑opposite parties. Mr. Karmaker places the relevant laws and cites a number of decisions in support of his contentions which will be referred to at the relevant place in this judg..Category: Procedural Law | Date: | Hits: 81
Atash Ali and others Vs. Rebati Mohan Sarker and 3 others, 1990, 19 CLC (HCD)
.... followed by an application under section 151 C.P.C. vacating the order rejecting the petition for temporary injunction and for restoration of the same. The Court allowed the application by its order dated December 4, 1986 giving rise to the present Rule. 3. Mr. Abu Taher Chowdhury submits that t......exists. Such exercise of power is in consonance with the principle actus curiae neminem gravabit an act of Court shall prejudice none. In that view of the matter I do not find any error of law in the decision occasioning failure of justice in making the impugned order. 5. Mr. Miah Abdul Gafur cit..Category: Civil Law | Date: | Hits: 93
.... 4 of this order.
(3) On such application being made, the Registrar shall register the trade mark and the registration so made shall be deemed to have been made under the Act, with effect from the date of registration of the mark in Pakistan under sub‑section (1) of Section 16 of the Act.
6.......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)
....r Ali J. - Upon an application under section 561A of the Code of Criminal Procedure at the instance of the State this Rule was issued upon the accused opposite party to show cause as to why the order dated 11.10.88 passed by the learned Upazila Magistrate, Dinajpur Sadar in Kotwali PS. case No. 9 da......r 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 this Court that this police report includes either of the two i.e. the final report or ..Category: Criminal Law | Date: | Hits: 72
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