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Sydul Haque Sowdagar Vs. Abul Kashem Chowdhury and others, 1985, 14 CLC (HCD)
....shy;dings before the Special Tribunals. In the result, the Rule is discharged. Md. Abdul Jalil J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 14. ......Muhammad, the learned Advocate for the complainant petitioner in substance submits that this Court should set aside the impugned order of acquittal of the accused opposite parties exercising the power under section 561A of the Code of Criminal Procedure. Section 13(1) of the Village Courts Ordi......Vs. Abul Kashem Chowdhury and others………………Opposite-Party Judgment July 23, 1985. Result: The Rule is discharged. Cases Referred to- Bangladesh Vs. Shahjahan Seraj (1980), 32 DLR (AD) 1. Lawyers Involved Mustafa Ni......shy;dings before the Special Tribunals. In the result, the Rule is discharged. Md. Abdul Jalil J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 14. ..Category: Criminal Law | Date: 23 Jul, 1985 | Hits: 1
Kings Shipping Tra¬ding Co Vs. M/s. L.S. Line & others, 1985, 14 CLC (HCD)
....t the order may be stayed for one month. This order is therefore, stayed for one month. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 30. ......1956, section 226 of 1925 Act was repealed. It is not disputed that by section 3 of the Administration of Justice Act, 1956 the jurisdiction of the Admiralty Court in England was enlarged empowering the High Court of Admiralty of England to arrest any ship of the defendant in an action bef......aintiff Vs. M/s. L.S. Line & others..........................................Defendants Judgment July 8, 1985. Result: The order is stayed. Cases Referred to- AIR 1937 Calcutta 122 (123); 20 DLR 25; 34 DLR (AD) 110 (paras 9-10); 2 All ER, 274 (277).&......t the order may be stayed for one month. This order is therefore, stayed for one month. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 30. ..Category: Admiralty Law or Maritime Law | Date: 8 Jul, 1985 | Hits: 7
Ranjit Kumar Rakshit Vs. Sudhir Kumar Chowdhury, 1985, 14 CLC (HCD)
.... amendment of the plaint. Having regard to the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 39. ...... C.P.C. The order was passed by the learned Munsif and there is no appeal provided for before the High Court Division under the C.P.C. against the said portion of the order. Therefore, in view of the power conferred by section 115 C.P.C. this Court is competent to exercise the power and rectify....................Petitioner Vs. Sudhir Kumar Chowdhury...........................Opposite-Party Judgment April 10, 1985. Result: The Rule is discharged. Cases Referred to- Ashwini Kumar Karmakar and others Vs. Hari Mohan and others, 36 DLR (AD) 1; 27 DLR 413. ...... amendment of the plaint. Having regard to the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 39. ..Category: Civil Law | Date: 10 Apr, 1985 | Hits: 1
Anath Bandhu Saha & others Vs. M/S. Premier Soap Co. Ltd, 1985, 14 CLC (HCD)
....ected to dispose of the suits expeditiously preferably within two months of the arrival of the record in his court. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 135. ......ected to dispose of the suits expeditiously preferably within two months of the arrival of the record in his court. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 135. ......llip;…………………………..Respondent Judgment February 11, 1985. Result: The Appeals are allowed. Cases Referred to- 30 DLR (HC) 244; 1970 PLD (SC) 460; 31 reports on Patent Cases 53; 33 Reports on Patent Cas......Hence these two appeals. Mr. Asrarul Hossain, the learned Advocate appearing on behalf of the defendant-appellants submits that the learned District Judge has committed an apparent error in-granting injunction against defendants from using their own marks on their goods inasmuch as that th..Category: Intellectual Property Law | Date: 11 Feb, 1985 | Hits: 7
Abu Taher and others Vs. Mst. Razia Begum and another, 1984, 13 CLC (HCD)
....ted. Let a copy of this judgment be sent to the trial Court immediately. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 18. ......ioners wants to read the proviso to section (3) of Section 9 to the effect that whereas the District Magistrate, Additional District Magistrate or any Magistrate, of the 1st class is specially empowered U/S 29C of the Code of Criminal Procedure to try any offence, all the Assistant Session..........Petitioners Vs. Mst. Razia Begum and another..........................Opposite-Parties Judgment December 4, 1984. Result: The Rule is discharged. Cases Referred to- Md. Mustafa Mondal Vs. State, 35 DLR 362; Nizir Ahmed and others Vs. Yunus and others, 36 D......ted. Let a copy of this judgment be sent to the trial Court immediately. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 18. ..Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2
Habibur Rahman Talukder Vs. Shaha Alam Mia and others, 1984, 13 CLC (HCD)
....gations." I do not find any ground for interference in the matter. This Rule is, therefore, discharged with cost. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 71. ......o, there is, no doubt that the District Judge is the Judge of the principal Civil Court of the District and as such he is a Court and not a persona designata. It therefore follows that he has all the powers and authority of a civil Court and he is guided by the Code of Civil Procedure unless his pow.............Petitioner Vs. Shaha Alam Mia and others............................Opposite-Party Judgment December 2, 1984. Result: This Rule is discharged. Cases Referred to- 29 DLR (SC) at page 304; Dilumuddin Madbar and others Vs. Province of East Pakistan and oth......he appellate authority under the provision of the Local Government (Union Parishad) Ordinance, 1983, (Ordinance No.XL of 1983) (hereinafter called the Union Parishad Ordinance) has no jurisdiction to grant the prayer for stay of the operation of the order passed by the Election Tribunal. 5. Now..Category: Civil Law, Election Law | Date: 2 Dec, 1984 | Hits: 2
The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)
.... with the record duly attested by the learned Deputy Attorney General. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 26. ......he contemner did everything to make his stay comfortable. 6. The contemner received from the Munsif-Magistrate an information on 27-11-83 that the Munsif-Magistrate was invested with first class power or 10-11-83. The Munsif-Magistrate came to the office-cum-residence of the contemner one ....... Result: The Rule in Criminal Misc. Case No.24 of 1984 is made absolute The Rule in Criminal Misc. Case No.41 of 1984 is discharged. Lawyers Involved: Sultan Ahmad, Deputy Attorney-General with Quazi Akhter Hossain Assistant Attorney-General Md. Anser Ali and Md. Altafur Ra......rbahi Officers (UNO) item No.5 states as follows: ''Initiate Annual Confidential Report of all Upazilla level officers except Magistrate-Munsif." Item 11 says, "He (U.N.O) will grant casual leave and will countersign the T.A. bills of all functionary heads except Munsif&q..Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1
Dy. Secretary, Ministry of Commerce Vs. Nizamuddin Haider, 1984, 13 CLC (HCD)
.... without any order as to cost. The stay of operation of the impugned order passed by this court on 2.8.84 is vacated. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 102. ......ommissioner and revision to the Government and as such the validity of any act done under the said Act cannot be challenged in a suit except as prescribed under the appellate and revisional power, but a suit will lie when the impugned order is passed outside the purview of the said Act or ...... Latifur Rahman J Dy. Secretary, Ministry of Commerce...................Petitioner Vs. Nizamuddin Haider...........................................Respondent Judgment October 31, 1984. Result: The Rule is discharged. Cases Referred to- The Secretary......said Chamber since 1980 and the order has been passed illegally and in a mala fide manner and he has a good prima facie case for injunction and if in the meanwhile the order of injunction be not granted then he will suffer irreparable loss and injury as he will be ousted from his office. The pl..Category: Civil Law | Date: 31 Oct, 1984 | Hits: 2
Sabitri Rani Dey Vs. The State, 1984, 13 CLC (HCD)
....accused petitioner. In the result, the Rule is discharged. Md. Abdul Jalil J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 97. ......the time for investigation for another one month and accordingly on 28.6.83 Mr. Benu Gopal Dey the Chief Metropolitan Magistrate extended the period for a further period of 30 days in exercise of his power under section 157 (5) Cr.P.C. by passing the following order on 28.6.83:— "See......Rahman J Md. Abdul Jalil J Sabitri Rani Dey.....................................Petitioner Vs. The State..........................................Respondent Judgment October 29, 1984. Result: The Rule is discharged. Lawyers Involved: S. C. Das&mdas......accused petitioner. In the result, the Rule is discharged. Md. Abdul Jalil J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 97. ..Category: Criminal Law | Date: 29 Oct, 1984 | Hits: 1
Zaheda Bewa & anothers Vs. The State, 1984, 13 CLC (HCD)
..... Let the records be sent back immediately. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 66. ......al construction to hold that any other procedure was permitted than that which was laid down with such minute particularity in the sections themselves. Section 164 Cr.P.C. is a section confirming the power of a Magistrate and delimiting them. No doubt a Magistrate acting u/ss. 164 and 364 Cr. P. C. ......a Kamal J Md. Abdul Wahab J Zaheda Bewa & anothers…...................Petitioner Vs. The State...........................................Respondent Judgment October 25, 1984. Result: The Appeal is allowed. Cases Referred to- Nazir Ahmed Vs....... Let the records be sent back immediately. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 66. ..Category: Criminal Law | Date: 25 Oct, 1984 | Hits: 6
M/s. Gannysons Ltd. & anr. Vs. Sonali Bank & others, 1984, 13 CLC (AD)
....8 of 1982 being infructuous will be withdrawn after release of the property within the aforesaid date. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 43. ......erritory now comprising Bangladesh, it can, in no circumstances, be declared as an abandoned property………(16) In view of special circumstances in this case, and by virtue of the power conferred upon the Appellate Division of the Supreme Court by the Constitution of Bangladesh......trol and Disposal) Order, 1972 (President’s Order No. 16 of 1972). A company which has been incorporated as a limited company under the provisions of the Company Act in the territory now comprising Bangladesh, it can be declared and treated as abandoned property. Moreover, the......y the Government under the provisions of P.O. No.16 of 1982. On the settlement of this contention lies the solution and remedy of the appellant-petitioners. 9. On these contentions. Court granted leave to hear the petition for review against its judgment in Civil Appeal No. 43 of 1983 d..Category: Property Law | Date: 20 Aug, 1984 | Hits: 24
Nurul Islam Vs. Md. Abdur Rashid & others, 1984, 13 CLC (AD)
.... adjudication of the dispute and this power is only available for giving justice inasmuch as the enabling power conferred upon the court to put such question "to him as the court thinks fit". This discretionary power is to be used for ends of justice arid a litigant cannot claim exercise of such......ment August 20, 1984. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (Act No. V of 1908), Order XVIII, rule 17. Discretionary power under Order XVIII, rule 17 to recall a witness must be exercised judicially and not arbitrari...... Result: The appeal is allowed. The Code of Civil Procedure, 1908 (Act No. V of 1908), Order XVIII, rule 17. Discretionary power under Order XVIII, rule 17 to recall a witness must be exercised judicially and not arbitrarily. Discretionary power......erformance of contract. The suit is pending. It would not be adviseable to make any comment. Accordingly in this judgment we refrain from touching the factual aspects of the case. 2. Leave was granted to consider the scope of Order 18, rule 17 of the Code of Civil Procedure in the context ..Category: Contract Law | Date: 20 Aug, 1984 | Hits: 199
Arjuman Ali Vs. Abdus Samad & others, 1984, 13 CLC (HCD)
.... as not being entertainable under Section 526 of the Code of Criminal Procedure. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 62. ...... Procedure is entertainable, Section 526B is a new import in Chapter XLIV of the Code by the Law Reforms Ordinance, 1978. It is quite appreciable that by the same Ordinance some other revisional power namely viz. under Section 439A of the Code has been given to the Sessions Judge. The prov......-section 1 of Section 526 of the Code of Criminal Procedure. Judgment Md. Abdur Rouf J.- The informant has moved this application under section 526 of the Code of Criminal Procedure praying to transfer the Sessions Case No.262 of 1983, pending before Mr. Z. H. Md. Dawood, Additional Sessio...... on 14.3.84 filed another application praying disposal of his application filed on 9.2.84. It is further alleged that inspite of objection raised on 14.3.83 the learned Additional Sessions Judge granted bail to the opposite party No.1 up to 15.5.84 on medical ground notwithstanding the fac..Category: Criminal Law | Date: 2 Aug, 1984 | Hits: 1
Bazlur Rahman Vs. Jan Mohammad, 1984, 13 CLC (HCD)
....he appeal is remanded to him for fresh decision. Send s down the records at once to the Court concerned. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 79. ......in and 7 others from whom the plaintiffs purchased the said land by 7 kabalas. The lands of schedule Ga belonged to Kalipada and Shyamapada who exchanged the said lands with Ataur Rahman by executing power of Attorney dated 6.8.65 and from Ataur Rahman the plaintiffs purchased the said lands by.......63 of 1977 reversing the judgment and decree passed by the Munsif, 3rd Court in O.C. Suit No.114 of 1969 and dismissing the suit. The plaintiffs brought the suit for a permanent injunction to restrain the defendants from disturbing the plaintiffs' possession of the suit land. The......to ascertain whether the plaints had clear possession in the suit lauds and also if such possession was legal and bonafide and after such findings to decide whether a permanent injunction ought to be granted or not. As I have already observed the learned Munsif considered all the documentary evidenc..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Kala Meah (Member) Vs. The State, 1984, 13 CLC (HCD)
....e prayer for bail is rejected. Send down the records immediately. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 263;5 BLD (1985) 21. ......83 convicting accused appellant Kala Meah under Section 302 of the Penal Code and sentencing him to undergo transportation for life. The accused appellant was tried in absentia. He executed power in favour of the learned advocate Mr. Mustafa Niaz Muhammad, from Bandarban Jail on 6-2-1984 w...... Code of Criminal Procedure (V of 1898); Section 339B Trial absentia & Question of its legality Since neither the Upazila Magistrate nor the Ex-officio Sessions Judge asked the accused to appear before the trial court on any particular date nor directed the sureties to produce him he ......ala Miah and two other accused appeared regularly on the dates fixed by the Upazilla Magistrate, Alikadam. On 9-10-83 accused Shabbir Ahmed and Nurul Absar who had not appeared also appeared and were granted bail. On 9-10-83 the learned Upazilla Magistrate passed the following order: “9-1..Category: Criminal Law | Date: 22 Jul, 1984 | Hits: 1
Eastern Maritime & Trading Corpora¬tion Vs. Sea Trade & Cons¬truction Limited, 1984, 13 CLC (HCD)
....ispose of the suit as expeditiously as possible. Ed. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 213; 5 BLD (1985) 49. ...... the suit or until the further order of the Court the stock in trade of the defendant firm lying at No. 55-11, Canning Street. Sanderson, CJ. observed: “It is rule 5, which gives the court power to direct security to be given and it is rule 6, which gives the court power to attach the pro......apan Trading Company (1924) Vol. 79 Indian Cases 242; Civil Appeals No.28 and 29 of 1983 of the Appellate Division of the Supreme Court of Bangladesh; Thai Seree Fishery Co. Ltd & Thai Seri Cold Storage Co. Ltd. Vs. Amin Fish Farm & Industries Ltd. Lawyers Involved: M. HafizuUah wi......ispose of the suit as expeditiously as possible. Ed. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 213; 5 BLD (1985) 49. ..Category: Admiralty Law or Maritime Law | Date: 12 Jun, 1984 | Hits: 5
Motiur Rahman Vs. May Industries Ltd, 1984, 13 CLC (HCD)
.... against the respondent-company. Certified for one counsel with one junior. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 41. ......the Board of Directors can be comprised of a minimum number of 3 Directors and I find that the Company is being run by a Board of Directors comprising of 3 Directors. With regard to amassing all powers in the hands of Managing Director I find that under Article 39 of the Articles of Association................Petitioner Vs. May Industries Ltd.................................Respondent Judgment April 26, 1984. Result: The application is dismissed. Cases Referred to- Re Fildes Bross. Ltd., (1970) 1 All E.R. 923; Re: Yenidje Tobacco Co. Ltd., (1916) 2 Ch. 42......n to costs; but a winding-up order under this head must be passed on subsisting facts and not on past history .....................". I am of the opinion therefore that winding up cannot be granted as there were cogent grounds for complaint when the petition was presented but they afterwar..Category: Company Law | Date: 26 Apr, 1984 | Hits: 6
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
.... facts and circumstances of the case, there will however be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 7. ......is is an application under section 115 of the Code of Civil Procedure and I am very much conscious of the limitations as under section 115 of the Code of Civil Procedure. This Court must exercise the power on revision within the tenor of the law and not hearing the matter as a Second Appeal. It.....................Petitioner Vs. G. M. Ali Boksh and ors.........................Opposite-party Judgment April 12, 1984. Result: The Rule is discharged. Cases Referred to- Short Vs. Henderson Ltd.; Gould Vs. Minister of National Insurance, All England Report 1941...... facts and circumstances of the case, there will however be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 7. ..Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4
Rafiqul Islam & others Vs. Md. Abdul Hoque & another, 1984, 13 CLC (HCD)
....rate Daulatpur, Khulna is vacated. Let the case now proceed in accordance with law. M. S. Ali J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 47. ......tion and without being satisfied. He further submits that the learned Sessions Judge did not at all applied his mind in passing those orders. He further submits that the learned Sessions Judge had no power to extend the time after the expiry of the time once granted by him. 4. Mr. M.S.M. Nasiru......site Parties. No.1 M. A. Wahab—For the State. Criminal Revision No. 7 of 1948. Judgment Abdul Matin Khan Chowdhury J.- This Rule was issued calling upon the opposite parties to show cause as to why the order dated 27.12.83 and 25.1.83 passed in G.R. Case No.1046 of 1983 by ......Court and obtained this Rule. 3. Mr. M. A. Aziz the learned Advocate has appeared on behalf of the petitioners. He submits that the learned Sessions Judge Khulna acted beyond his jurisdiction in granting time for investigation. According to him he acted without jurisdiction and without being sa..Category: Criminal Law | Date: 11 Apr, 1984 | Hits: 1
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
.... there will be no order as to costs only before this Court. Send down the records as expeditiously as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 337 ...... there will be no order as to costs only before this Court. Send down the records as expeditiously as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 337 ......ion in the plot No.1292 of khatian No.66 and prayed for injunction restraining the defendant from interfering with plaintiffs possession in the suit land on the allegation that the suit jote belonged to the father of plaintiff No 1 and plaintiff No.2 in equal 8 annas share by inheritance which was s......t No. 1290 and 1291 covering an area of 2.46 under khatian No. 65 as it is in fact written so in the patta in black and white. 8. Under the provisions of law when the terms of a contract or of a grant or of any disposition of property has been reduced to the form of a document, no evidence shal..Category: Contract Law, Property Law | Date: 7 Apr, 1984 | Hits: 4
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