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Amina Khatun & others Vs. M/s. Quickways Agency, 1990, 19 CLC (HCD)

....e first proviso to section 30 of the Act. There is no substance in this appeal. The appeal is summarily dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 325. ...... Khan, Advocates ‑ For the Appellants. Not represented-the Opposite Party. Appeal from Original Order No. 57 of 1976. Judgment AM Mahmudur Rahman J. - This appeal is directed against an order of the Commissioner for Workmen's Compensation, Chittagong made on 18.7.1969 disallowing a cla......e is no substance in this appeal. The appeal is summarily dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 325. ......For the Appellants. Not represented-the Opposite Party. Appeal from Original Order No. 57 of 1976. Judgment AM Mahmudur Rahman J. - This appeal is directed against an order of the Commissioner for Workmen's Compensation, Chittagong made on 18.7.1969 disallowing a claim for compensation o..

Category: Labour and Industrial Law | Date: | Hits: 98

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. ......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. ......se is also Reported in: 43 DLR (1991) 322. ......e ‑ For the Plaintiff. M Hafizullah, Advocate‑For the Defendants. Admiralty Suit No. 14 of 1984. Judgment Md. Mozammel Hoque J. - This is an application filed by Defendant No. 1 petitioner under Order 7, rule 10 read with section 151 of the Code of Civil Procedure for return of the p..

Category: Admiralty Law or Maritime Law | Date: | Hits: 175

Dulal and others Vs. State, 1990, 19 CLC (HCD)

....s should be released on bail on furnishing fresh bail bond to the satisfaction of the Deputy Commissioner, Mymensingh within two (2) weeks. Ed. This Case is also Reported in: 43 DLR (1991) 321. ......Trial Court to serve out the sentence. Accordingly the petitioners surrendered to the Trial Court and applied for bail to prefer revision to this Court and the learned Magistrate granted them bail by order dated 23.7.90 up to 12.8.90. The petitioners preferred the present revisional application on 1......sh bail bond to the satisfaction of the Deputy Commissioner, Mymensingh within two (2) weeks. Ed. This Case is also Reported in: 43 DLR (1991) 321. ......o Reported in: 43 DLR (1991) 321. ..

Category: Criminal Law | Date: | Hits: 60

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

....lete defence to a civil action for libel. On a careful consideration of the entire evidence on record we have found earlier that the offending statements are true and those statements have been made, published and circulated with a malice or improper motive. It is on record that the plaintiff is a v......Bakerganj. 6) To the SP of ‑do‑ 7) To the SP Dacca 8) The District Anti‑Corruption Officer, Bakerganj‑ 9) To the Sub‑Divisional Officer, Pirojpur, District‑Bakerganj, 5. In order to lend weight to the said allegations these defendants obtained by fraudulent representation ......………......................Appellant Vs. Harekrishna Kundu and another............Respondents. Judgment September 1, 1988. Lawyers Involved: Abdus Sobhan, the appellant appears in person. Not represented-the Opposite Party. Appeal from Original Decree No. 5 of 1975. J...... Decree No. 5 of 1975. Judgment Latifur Rahman J. - This appeal at the instance of the plaintiff is directed against the judgment and decree passed by the Subordinate Judge 3rd Court, Dhaka in Money Suit No. 158 of 1969 arising out of a suit for realisation of compensation for damage to the pl..

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. ......r, 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 perused the materials on record. 3. In t......n 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, pendi......in: 43 DLR (1991) 313. ..

Category: Procedural Law | Date: | Hits: 81

Zulfiquar Ali Bhutto Vs. State, 1991, 20 CLC (HCD)

....uency No. 128 Jhalakati‑2 and he was also a chairman of the Jhalakati Zila Parishad. A letter allegedly written by the petitioner from Dhaka to one Moulana Abdul Hye, Upazila Chairman, Nalchity was published in 'Banglar Bani' on 21st December, 1990 (Annexure‑A) disclosing that the petitioner was...... Police, Jhalakati, the OC Gulshan Police Station and Assistant Commissioner, Detective Branch went to the residence of the petitioner 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 t...... 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.......1991) 312...

Category: Criminal Law | Date: | Hits: 61

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

....gment delivered by the learned Subordinate Judge also abates. The appeal is, accordingly, disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 308. ......) of this new section purports to confer title upon the Government in respect of all lands which were lost by diluvion under sub‑section (2) but re‑appeared before the date of commencement of the order, and sub‑section (5) provides for abatement of all suits, applications, appeals or other pro...... .............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 Hossain Bhuiyan and others BCR 1984 (AD) 60; Afar Ali & others Vs. Salek Ali & others, BCR 1985 (......her towards cast and more lands accreted to the reformed lands. The plaintiffs possess the reformed lands as well as the accreted lands. Sometime in 1963 they applied to the Additional Deputy Commissioner (Rev) for their recognition as tenants in respect of the said lands under section 86 of the Sta..

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. ...... only stated in the counter affidavit that he has got the bona fide intention to use, the trade mark 'Capri' with toilet soap, Besides, no materials whatsoever have been produced before this Court in order to satisfy it that the respondent No. 1 has any intention to produce such a toilet soap under ...... 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. ......Present: 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..

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

Rustom Ali Vs. Jamila Khatun, 1990, 19 CLC (HCD)

....all be modified accordingly and all other reliefs granted by them shall remain undisturbed. The parties shall bear their respective costs. Ed. This Case is also Reported in: 43 DLR (1991) 301....... Wahidullah, Advocate-For the Opposite Party. Civil Revision No. 1078 of 1987. Judgment Naimuddin Ahmed J.- In this revisional application under section 115 of the Code of Civil Procedure an order granting past maintenance along with other relief to a divorced wife and her son has been chal...... Ed. This Case is also Reported in: 43 DLR (1991) 301....... the Appellate Division Judgment here. Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Naimuddin Ahmed J Rustom Ali................................. Petitioner Vs. Jamila Khatun .............................Opposite Party. Judgment June 19, 19..

Category: Family Law | Date: | Hits: 253

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

....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....... ‑ 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 not be......dance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 297.......s also Reported in: 43 DLR (1991) 297...

Category: Family Law | Date: | Hits: 230

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

....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. ......an J. - 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 ......ted. 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. ...... High 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 2..

Category: Criminal Law | Date: | Hits: 63

Abdul Hakim and others Vs. The State, 1990, 19 CLC (HCD)

....dingly discharged. The stay granted earlier is hereby vacated. The proceeding is to continue. Inform the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 291, 43 DLR (1991) 389. ......hman Mondal, Advocate ‑ For the Petitioner. Not represented-the Opposite Party. Criminal Revision No. 243 of 1986. Judgment Anwarul Hoque Choudhury J. - This Rule is directed against an order admitting into record, in a pending trial, certain statements, recorded as confessional statem...... is hereby vacated. The proceeding is to continue. Inform the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 291, 43 DLR (1991) 389. ......3 DLR (1991) 389. ..

Category: Criminal Law | Date: | Hits: 74

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. ......inal Order No. 144 of 1986. Judgment Mohammad Ismailuddin Sarker J.- This appeal under section 39(1)(iv) of the Arbitration Act is by the defendant and it is directed against the 4 judgment and order dated 28‑5‑85 passed by the learned Subordinate Judge and Commercial Court No. II, Dhaka i......ere will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 286. ......pany as the mortgagor and the then Industrial Development. Bank of Pakistan, Dhaka as the mortagee for a total sum of Tk. 68,00,000.00 in respect of plaintiffs buildings, machinery and plants as mentioned in the said policies; that Norwich Union Fire Insurance Society Limited and Great Eastern Insur..

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.......es‑ For the Opposite Parties. Civil Revision No. 391 of 1990. Judgment Mahmudul Amin Chowdhury J. - This Rule was earlier issued under section 115 of the Code of Civil Procedure against an order dated 15‑11‑1989 passed by the learned Assistant Judge, Savar, Dhaka in Title Suit No. 372......d earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 282.......1991) 282...

Category: Property Law | Date: | Hits: 146

Abdur Rashid Vs. State, 1990, 19 CLC (HCD)

....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.......‘For the 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 ......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.......ed in: 43 DLR (1991) 279...

Category: Criminal Law | Date: | Hits: 66

Birendra Nath Chakraborty Vs. Subal Chandra Biswas and others, 1981, 10 CLC (HCD)

....istrict Judge is directed to dispose of the Misc. Appeal within one month of the arrival of the records after intimation arrival of the same. Ed. This Case is also Reported in: 43 DLR (1991) 276.......il Procedure 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 da......rendra Nath Chakraborty..........................Petitioner Vs. Subal Chandra Biswas and others................Opposite Parties. Judgment March 13, 1981. Cases Referred to- Salimuddin Mondal Vs. Mohitosh Biswas, 14 DLR 796; Diam‑Hossain Vs. Haran Das, 13 DLR 283; Asimannessa Vs.......also Reported in: 43 DLR (1991) 276...

Category: Property Law | Date: | Hits: 78

Dilip @ Siddiqur Rahman & others Vs. State, 1990, 19 CLC (HCD)

....ants are affirmed. The appellants 3‑9 who are on bail are directed to surrender to their bail bond to serve out their remaining sentence. Ed. This Case is also Reported in: 43 DLR (1991) 269. ...... Shareef Ahmad, Advocate ‑For the State. Criminal Appeal No. 378 of 1988. Judgment Aminul‑ur‑Rahman Khan J. - The 9 accused‑appellants have jointly preferred this appeal against the order of conviction and sentence passed against them by Sessions Judge, Mymensingh. 2. The prosec......e on bail are directed to surrender to their bail bond to serve out their remaining sentence. Ed. This Case is also Reported in: 43 DLR (1991) 269. ...... sections 302/34 of the Penal Code against 4 accused persons namely, Dilip, Mostafa, Mofiz and Afaz for killing Shamsul Huq and framed charge under sections 302/114 of the Penal Code against Sattar alone and under section 326 against 3 accused namely, Mokles, Kuddus and Asad for grievously injuring ..

Category: Criminal Law | Date: | Hits: 61

State Vs.Joynal Abedin and another, 1990, 19 CLC (HCD)

....are of the opinion that no case for contempt is made out against any of the contemners in this case. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 261. ...... and bringing the Court into disrepute. The circumstances under which the contempt was committed has been described by Mr. Hamidul Haque, District and Sessions Judge, Jhalakati by his judgment and order dated 18.11.86 passed in the aforesaid Miscellaneous Case (copy enclosed) which will form the ......s made out against any of the contemners in this case. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 261. ......61. ..

Category: Criminal Law | Date: | Hits: 64

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

....formance of contract is dismissed. There will, however, be no order as to costs. Let the lower Court's records be sent down immediately. Ed. This Case is also Reported in: 43 DLR (1991) 256. ......ts of M/s. Ferdous Tannery. He did not know whether the suit properties were included in the inventory prepared for actual sale. He denied the suggestion that Exts. A and B were issued collusively in order to deprive the plaintiff company of its legal claim. 12. DW 2 Abdus Samad Bhuiyan stated th...... ‑ For the Respondent No. 1. Salehuzzaman, Deputy Attorney General ‑ For the Respondent No. 2. First Appeal No. 17 of 1984. Judgment Md. Mozammel Hoque J. - This appeal is directed against the judgment and decree dated 27.5.84 passed by the Subordinate Judge, 4th Court, Dhaka in Titl......esaid title suit for declaration of title and specific performance of contract of the suit properties alleging, inter alia, that the industry under the name and style M/s. Ferdous Tannery was an abandoned property and the same vested in the government under the relevant law. As per disinvestment pol..

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. ......, Advocate ‑ For the Opposite Party No. 1. Civil Revision No. 110 of 1989. Judgment Abdul Bari Sarker J.- This Rule under section 115 of the Code of Civil Procedure is directed against the order dated 20.2.89 passed by Mr. Mominullah, Subordinate Judge, Bhola in Title Suit No. 7 of 1985. ......d. This Case is also Reported in: 43 DLR (1991) 254. ......1) 254. ..

Category: Property Law | Date: | Hits: 85