Search Options
Judgment Advanced Search
Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)
....ondent No. 2. Appeal from Original Decree No. 48 of 1989. Judgment Kazi Ebadul Hoque J. - This appeal at the instance of the plaintiff‑appellant is directed against the judgment and decree dated 18.2.1989 passed by the 3rd Court of Subordinate Judge, Dhaka in Title Suit No. 29 of 1983 dis......, the agreement dated 15.7.82 for sale of the suit property to the plaintiff by the defendant No. 1 was fraudulent and collusive transaction, and the instant suit was a clear device to pre‑empt the decision in their favour and to avoid the two pending suits between the defendants. 16. He furthe..Category: Civil Law | Date: | Hits: 92
Md. Abul Hashem alias Bachhu Vs. Abdul Latif, 2009, 38 CLC (HCD)
....For the opposite parties. Civil Revision No. 8925 of 1991. Judgment Siddiqur Rahman Miah J. - This Rule obtained by the plaintiff petitioner is directed against the judgment and order No.124 dated 23.08.1988 passed by the Assistant Judge, Sadar Upazilla, Noakhali in Miscellaneous case No. 2...... Assistant Judge having arrived at the positive finding that the Miscellaneous case is barred by limitation. He further submits that the learned Assistant Judge erred in law resulting an error in the decision causing failure of justice in allowing the Miscellaneous case. Mr. Abdus Satter, the lea..Category: Property Law | Date: | Hits: 82
Anika Ali Vs. Rezwanul Ahsan, 2011, 40 CLC (AD)
....vocate (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 Division in Civil Revision No.4310 of 2010) Judgment ......riage Farzan Ahsan is now almost seven and half years old. Although, under Mohammedan Law, hizanat (custody) of a male child over the age of seven years usually goes to the father, there are numerous decisions of our apex Court that if the welfare of the child demands, then the custody may be retain..Category: Family Law | Date: | Hits: 327
Bera Pourashava and another Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
.... 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 judgment and order dated 11.05.2005 passed by the Division Bench of the High Court Division in Writ Petition No.5036 of......ed that the DC accordingly took steps and submitted a report in favour of curtailment of the area mentioned in the schedule. 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 Municipal..Category: Election Law | Date: | Hits: 152
Amir Hussain Sowdager Vs. Mohammad Harunur Rashid, 2011, 40 CLC (AD)
....on-Record-For respondent No.1. Not represented- respondent No.2 & 3. Civil Petition for Leave to Appeal No.2239 of 2010. Arising out of C.M.P.No.716 of 2010. (From the judgment and decree dated 03.08.2010 passed by the High Court Division in F.A. No. 281 of 2008.) Order Muhammad Im......reparation of paper-book is dispensed with as prayed for. Let the order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 314. ..Category: Property Law | Date: | Hits: 98
Sudhansu Kumar Barai and others Vs. Abul Hashem and others, 1990, 19 CLC (HCD)
.... Tapan Kumar Chakroborty, Advocate ‑ For the Opposite Party No. 1. Civil Revision Case No. 211 of 1986. 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 ref...... 3. Appearing on behalf of the petitioner Mr. Mujibur Rahman Talukder, the learned Advocate for the petitioners, urged that the learned Munsif committed an error of law resulting in an error in the decision occasioning failure of justice in rejecting the application for dismissal of the suit as be..Category: Property Law | Date: | Hits: 80
Sadharan Bima Corporation Vs. Bangladesh Shipping Corporation and others, 1990, 19 CLC (HCD)
....ependently in accordance with law. Parties are at liberty to take back their respective documents and Exhibits on giving proper receipt. Ed. This Case is also Reported in: 43 DLR (1991) 322. ......ion held 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 it gives the Courts jurisdiction only when there is dam..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)
....grudge against the plaintiff and began to defame the plaintiff and his brother at Kowkhali and other places. Ultimately these defendants addressed a petition to the Governor of the then East Pakistan dated 21.10.68 making defamatory allegation against the plaintiff and copies thereof were served on ......e Deputy Commissioner, Barisal. Then they filed a Writ Petition before the then Hon'ble High Court. Dhaka and the said case went upto the Hon'ble Supreme Court of Pakistan in which the defendants got decision in their favour. The plaintiff filed a sale set aside case in the name of the certificate d..Category: Civil Law | Date: | Hits: 89
Mojibur Rahman Sarker and others Vs. Shafiqul Islam and others, 1991, 20 CLC (HCD)
....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. ......s, no doubt, discretionary but the same must be exercised in a judicial manner. I am, therefore, of the opinion that the learned Assistant Judge committed an error of law resulting in an error in the decision occasioning failure of justice in passing the impugned order. 4. The Rule is thus made a..Category: Procedural Law | Date: | Hits: 81
Zulfiquar Ali Bhutto Vs. State, 1991, 20 CLC (HCD)
....ioner at Uttara on 22nd, 30th December, 1990 and 3rd January, 1991, in order to secure his arrest but as he was out from the house he could not be arrested. It is stated that the petitioner is a candidate for the ensuing National Assembly election from the above constituency and his political rivals......cussed above, the prayer for anticipatory bail is allowed for a period of one (1) month from date. This Rule is made absolute accordingly. Ed. This Case is also Reported in: 43 DLR (1991) 312...Category: Criminal Law | Date: | Hits: 61
Government of Bangladesh Vs. Abdul Wahid Sheikh (dead) his heirs & others, 1990, 19 CLC (HCD)
....ondent Nos. 8‑11 and 14. Appeal from Original Decree No. 432 of 1968. Judgment Bimalendu Bikasli Roy Choudhury J. - This appeal by the defendant is directed against the judgment and decree dated 30.11.67 passed by Mr. Jyotirmay Chakrabarty, Subordinate Judge, Second Court, Barisal in Titl......nt of the Order as well as lands which were lost by diluvion before the commencement of the Order but have re‑appeared after coining into force of Part V of the Act. It is further laid down in that decision that sub‑section (3) should be read harmoniously with sub‑sections (1) and (2) and the ..Category: Property Law | Date: | Hits: 77
Haque and Company Limited Vs. M/s. Western Soap Factory and others, 1990, 19 CLC (HCD)
....gment Md. Mozammel Hoque J. -In this application under sections 37 and 46 of the Trade Marks Act, 1940 a Rule was issued directing the Respondents to show cause as to why the Registration No.23048 dated 31.8.87 given by the respondent No. 2 in favour of the respondent No.1 should not be set aside......gister a trade mark for goods in which he does not deal and in which he has no bona fide intention of dealing. Registration under such circumstances may be expunged. 10. Relying upon the aforesaid decisions Mr. Hossain submits that from the admission of the respondent No. 1 himself it appears tha..Category: Intellectual Property Law | Date: | Hits: 219
Rustom Ali Vs. Jamila Khatun, 1990, 19 CLC (HCD)
....ily Court under the Family Courts Ordinance, 1985, claiming dissolution of her marriage with the petitioner of this revisional application and maintenance for herself and her son with effect from the date of marriage for herself and the date of his birth for the son. The opposite party alleged that ...... to- Mst. Ghulam Fatima, plaintiff appellant Vs. Sheikh Muhammad Bashir, Defendant‑respondent, PLD, 1958 (WP) (Lahore), 596; A Fulteh Moulvie, defendant Vs. Zabunnessa Khatun, plaintiff, Indian decision (Cal) 1881, Vol‑III and ILR 6 and 7 Calcutta 631. Lawyers Involved: Gour Gopal Saha..Category: Family Law | Date: | Hits: 253
Captain Shamsul Alam Chowdhury Vs. Shirin Alam Chowdhury, 1991, 20 CLC (HCD)
....or 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 not be set a......nter alia's submitted that the Assistant Judge committed in error of law in refusing to allow the documents produced in the Court by the petitioner as exhibits and in the facts and circumstances this decision has caused a failure of justice in the case. He has also submitted that the appellate Court..Category: Family Law | Date: | Hits: 230
AHM Kamaluddin another Vs. The State, 1989, 18 CLC (HCD)
....- This is an application under section 561A of the Code of Criminal Procedure by accused petitioners. AHM Kamaluddin and MA Karim for issuing a Rule calling upon the State to show cause why the order dated 6.8.89 passed by Mr. Munsif Ali, Divisional Special Judge, Dhaka in Special Case No. 23 of 198......the result, the application is summarily rejected. Let a copy of this judgment be sent to the Court of the Divisional Special Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (1991) 294. ..Category: Criminal Law | Date: | Hits: 63
Abdul Hakim and others Vs. The State, 1990, 19 CLC (HCD)
.... against an order admitting into record, in a pending trial, certain statements, recorded as confessional statement of the accused persons. 2. The Rule was issued to show cause as to why the order dated 23.7.86 passed by the learned Sessions Judge and Special Tribunal Judge, Rajshahi in Special T......at of the High Court Rule 23 and 84 and where the confessional statements had not been recorded as under the law they said would be inadmissible. The learned Counsel has referred to the Privy Council decision which had been followed thereafter by the Courts of this sub‑continent and has also refer..Category: Criminal Law | Date: | Hits: 74
Category: Alternative Dispute Resolution | Date: | Hits: 170
Category: Property Law | Date: | Hits: 146
Abdur Rashid Vs. State, 1990, 19 CLC (HCD)
....he State. Criminal Revision No. 27 of 1989. Judgment Abdul Bari Sarker J. - This application under sections 435, 439 and 561 A of the Code of Criminal Procedure is directed against the order dated 31.1.89 passed by Mr. MH Bhuiyan, Sessions Judge, Barguna in Criminal Revision No. 8 of 1988 u......or jurisdiction to send the case for judicial enquiry by his order dated 14‑11‑87 without filing of any naraji petition by the informant. In support of his contention he referred to and relied on decision reported in 37 DLR 336 where it was observed as under: "Enquiry u/s 202 without the exam..Category: Criminal Law | Date: | Hits: 66
Birendra Nath Chakraborty Vs. Subal Chandra Biswas and others, 1981, 10 CLC (HCD)
....cedure arises out of an application u/s. 96 of the State Acquisition and Tenancy Act (pre‑emption). The learned Munsif, 3rd Court, allowed the Misc. Judicial Case No. 206 of 1974 Judgment and order dated 30‑12‑76. On appeal the learned District Judge, Jessore by his judgment and order dated 24......n Mondal Vs. Mohitosh Biswas, 14 DLR 796, in support of his contention. 8. The law as to what is and what is not partial pre‑emption has been dealt with exhaustively from time to time in various decisions of this Court. The uniform view is that the right to pre‑emption accrues holding‑wise...Category: Property Law | Date: | Hits: 78