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Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)
....1. 4. When the suit was in peremptory hearing stage and heard in part the contesting defendant No. 12 filed an application praying for temporary injunction to restrain the plaintiffs from creating any new house on plot No. 2205, not to cut any tree from plot No. 2211 and from filling up the pond ......e of res judicata.. His further case was trial defendant No. 1 had valid title and possession over the suit land and he acquired it from defendant No. 1. 4. When the suit was in peremptory hearing stage and heard in part the contesting defendant No. 12 filed an application praying for temporary i......the same till the disposal of the‑suit and the Court did not pass any order for attachment. But the defendant sold the property before the disposal of the suit. The plaintiff thereafter applied for proceedings for Contempt of Court against the defendant. The application was not granted. In this ca..Category: Procedural Law | Date: | Hits: 84
Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)
....aid Tk. 1500/‑ to the plaintiff’s father. The money was paid on condition that the plaintiff would return the said sum of 7,500/‑ within 3 years and also adjust the same towards rent in case of any default in payment of rent thereof. The plaintiff did not receive rent for which the defendants ......ounds which the learned Advocate has taken now with regard to the jurisdiction of the ordinary Civil Court and maintainability of the suit was not taken and such objection was not raised at the trial stage or even thereafter during appeal. So the question arises whether the learned Advocate is permi......ade a ground of appeal that the Trial Court was not validly constituted for the rehearing of the case in that certain Chiefs had sat as Judges in that Court who were not qualified to sit and that the proceedings before that Court must accordingly be regarded as "coram non judice" and its judgment a ..Category: Property Law | Date: | Hits: 66
Sheikh Mohd. Salimullah Vs. Shafiqul Alam, 1990, 19 CLC (HCD)
....ent this Court may not grant the order of stay as prayed for. He further submits that the decision of the House Rent Controller that the petitioner is a defaulter in payment of the rent will not have any binding effect on the decision to be given by the SCC Court in the original suits. The original ......as such there is no question of granting stay pending disposal of the revisional application. The prayer for stay is therefore rejected. Ed. This Case is also Reported in: 43 DLR (1991) 113. ......ese two applications are taken up together for hearing as they relate to the same matter. 2. The petitioner in these two revisional applications filed two petitions praying for staying all further proceedings of SCC Suit Nos. 56 and 57 of 1988 now pending in the 1st Court of Assistant Judge and S..Category: Property Law | Date: | Hits: 66
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
.... counsel appearing for the appellant, questioned the propriety of the direction made by the High Court Division. According to the learned counsel there is no scope for the High Court Division to pass any order of stay of the order of the executing court without finding any illegality in the procedur......as legally entitled to any discretionary relief under Article 102(2) of the constitution. 9. An amicable settlement for payment of outstanding dues under the Ain of 2003 can be effected in these stages of a proceedings: the first stage is provided in sections 21 and 22 which can be done at the ......e Adalat by its order dated 27th February, 2008 rejected the said application on the reasoning that the Judgment-debtor could not produce any order of stay from the High Court Division and that the proceedings of the execution case could only be stayed under section 31 if the High Court Division m..Category: Civil Law | Date: | Hits: 113
Hasina Mawla Vs. Bangladesh Parjatan Corporation and another, 1992, 21 CLC (HCD)
....ndent No.2, the General Manager (Administration) Bangladesh Parjatan Corporation, retiring the petitioner before attaining the age of superannuation should not be declared to have been passed without any lawful authority and to be of no legal effect. 2. The case of the petitioner, in brief, is th...... The impugned order (Annexure‑A) is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 112.......roper inference from the facts proved in each particular case as to whether the plea of waiver and acquiescence exists validly or not". 12. Although the reported case arises out of a pre‑emption proceeding but the principles therein in our opinion, apply with full force in the facts circumstanc..Category: Employment/Service Law | Date: | Hits: 88
Chowdhury Miah Vs. Dhanindra Kumar Shil and others, 1992, 21 CLC (HCD)
....s involved in this rule, therefore, is whether the evidence of the said witness should have been excluded in the facts and circumstances of the case. 3. The point does not appear to be covered by any authority of our own country, though it arises under the Evidence Act. In the circumstances the ......hether those provisions could apply to a statement taken on commission in the course of a trial which could scarcely be regarded as a statement made in an earlier judicial proceeding or at an earlier stage of the same judicial proceeding but the learned judge's decision was based on his opinion and ...... greatest respect to doubt whether those provisions could apply to a statement taken on commission in the course of a trial which could scarcely be regarded as a statement made in an earlier judicial proceeding or at an earlier stage of the same judicial proceeding but the learned judge's decision w..Category: Procedural Law | Date: | Hits: 91
Shafiuddin Khan (Md) Vs. State and another, 1993, 22 CLC (HCD)
....ition of complaint it is clear that there is no averment that the sum of Tk. 47,500.00 was entrusted by the complainant to the accused petitioner who converted the same to his own use in violation of any contract, express or implied touching the discharge of such trust. The amount was simply lent by......nded he gave the money as friendly loan. Court below has found a prima facie case against the accused petitioner on consideration of the said allegations as well as other materials on record. At this stage before evidence is led by the prosecution it is difficult to hold that the accused petitioner ......al Revision No.82 of 1985. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused petitioner under section 561A calling upon the opposite parties to show cause why the criminal proceeding in Petition Case No.113a of 1984 pending in the Court of the Upazila Magistrate, Nawabgon..Category: Criminal Law | Date: | Hits: 132
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
....o the Arbitration, they must remember that they submit only to bury the dispute once and for all. 3. Now, I proceed to deal with the appeal. The appellant has taken in the memorandum of appeal as many as 28 grounds. In order to appreciate the contention raised at the Bar it is necessary, in nutsh......the suit tried. This contention has little force. The appellant having had submitted to the arbitration of Mr. Justice TH Khan and prayed for passing the award is estopped to raise this point at this stage more so in view of the terms of the Arbitration Agreement under which the appellant takes upon......ing held on July 18, 1991 the respondent and the appellant appeared through their respective representatives and took time for filing written statement. After filing written statement the arbitration proceedings continued and the parties were heard as many as on 22 days from June 9 to August 10, 198..Category: Alternative Dispute Resolution | Date: | Hits: 174
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....Muluk etc. and caused them bleeding injuries. The informant seeing the attack took shelter in the hut of one Jalal Member wherefrom he was brought out and then assaulted. He raised hue and cry, when many persons of the locality came to the place of occurrence and then the accused left the place of o......der of the learned Assistant Sessions Judge and, there is no justification to interfere with the impugned judgment and order of conviction of sentence passed on 8.6.89 which should be upheld. At this stage the learned Advocate for the appellants has stood up and prayed for some reduction of the sent...... of 1969 and the suit was found to be incompetent by court's order dated 7.9.79. He, further denied the suggestion that the appeal against that order also abated and the case lands were attached in a proceeding, namely, NGR 80 of 1981 under section 145 of the Code of criminal Procedure. He denied a ..Category: Criminal Law | Date: | Hits: 86
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....tional and others for recovery of loan amounting to Taka 1, 80, 92,680.24 (one crore eighty lac ninety two thousand six hundred eighty and paisa twenty four) only. In the said suit the petitioner-company, as a third party mortgager, was made defendant No.3. Ultimately the suit was decreed ex parte a......fty crore), while the execution case was filed for realisation of Taka 2, 76, 36,732.66 (Two crore seventy six lac thirty six thousand seven hundred thirty-two and paisa sixty-six) only. 3. At one stage the petitioner filed an application under Order XXI rule 83 of the Code of Civil Procedure rea......re. 5. Being aggrieved by the said order dated 5.4.2010 the petitioner-company moved this Court under its special original jurisdiction and obtained a Rule and ad-interim order staying all further proceedings in the said execution case. 6. The decree-holder bank as respondent No.3 appears and ..Category: Procedural Law | Date: | Hits: 80
Mohammad Shahabuddin Vs. Government of the People’s Republic of Bangladesh, 2011, 40 CLC (HCD)
...., Dhaka (Annexure-C to the petition) cancelling the tender proceeding for the internal decoration, electrical work and renovation of 12 floor of the building shall not be declared illegal and without any lawful authority and also as to why the respondents shall not be directed to issue an work order......mpugned order of cancellation Annexure-C to the petition declared illegal and without lawful authority because tender notice is itself bears such provision of cancellation of tender proceeding at any stage without assigning any reason whatsoever. The learned Advocate appearing on behalf of the respo......the impugned Memo No.Common:Sha:71/97 Second Part)/518 dated 1.4.2001 issued by the Secretary, National Curriculum and Text Book Board (NCTB), Dhaka (Annexure-C to the petition) cancelling the tender proceeding for the internal decoration, electrical work and renovation of 12 floor of the building s..Category: Others | Date: | Hits: 133
Babul and others Vs. State, 2011, 40 CLC (HCD)
....guilty and claimed to be tried. During trial the case was transferred to the Court of Additional Sessions Judge, Lakshmipur for disposal. 5. The prosecution in order to prove its case examined as many as thirteen witnesses. After closing the prosecution, the learned Judge examined the appellants ......went to WAPDA Canal for fishing. He was cutting grass beside the canal at about 12 o’clock. He saw Halima Begum (P.W.10) to ask appellant Nos.1 and 2 the whereabouts of victim Abdur Rashid. At this stage, he was declared hostile and the prosecution cross-examined him. 19. P.W.5 Nasima Akhter, d......other case. Since appellant No.3 Abdur Rab Chowkider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 111
Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)
.... statement (Annexure‑'C') stating that the allegations brought against him are all false, concocted and malafide. He has been performing his duty honestly and diligently and there is no question of any breach of trust and mismanagement on his part. But the two relations of the Waqif have been cons......y language it gives the Administrator of Waqf an option either to remove a mutwalli or to take over the Waqf estate for its management and control or to take any other action as he deems fit. At this stage as we are discussing the removal of the mutwalli by the Administrator let us read section 37 w......ry is transformed into that of a civil Court. 12. In the case of Nuruzzaman Vs. The Secretary Education Department, (1965) 17 DLR 46 it has been held by a Division Bench of Dhaka High Court that a proceeding under section 32 of the Waqf Ordinance is of a civil nature and all enquiry by it must be..Category: Trust/Waqf Law | Date: | Hits: 157
Sheikh Md. Shahidun Nabi Vs. University of Dhaka and others, 1991, 20 CLC (HCD)
.... (Annexure‑A) there is no such now against the petitioner. Annexure‑C is the testimonial dated 17.8.88 issued by the Principal, Barhamganj College stating that the petitioner did not take part in any activity subversive to the State or discipline of the College and that he passed the BA (Pass) e......in passing the impugned order dated 28.11.89 (Annexure-I). In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 20. ...... 28.1.90 and on the advice of his engaged Advocate he went to the office of the respondents on 29.1.90 and came to know that the University Authority have already given a decision on the basis of the proceeding started against the petitioner in respect of the alleged adoption of unfair means by the..Category: Others | Date: | Hits: 122
Abdul Jalil Sheik Vs. Md. Abdul Quddus Sarker, 1991, 20 CLC (HCD)
....r Order 47, rule 2 of the Code of Civil Procedure stating all the facts about non‑payment of cost of Taka 200.00. Under Order 47, rule 2 of the Code of Civil Procedure an application for review for any mistake or any other error other than discovery of new or important matter or evidence can be ma......e matter of pre‑emption by giving the parties due notice. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 18. ......djournment cost the petitioner immediately paid the said cost. Besides, even if the petitioner knew about the cost, then also non‑compliance with the order of a Court for payment of cost a separate proceeding can be drawn against a defaulting person but such non‑payment cannot be a ground to dis..Category: Property Law | Date: | Hits: 75
Afzal Meah Vs. Bazal Ahmed and others, 1991, 20 CLC (HCD)
.... is a co‑sharer by inheritance, whereas the transferee opposite party is a stranger purchaser. No notice of the transfer was ever served on pre‑emptee petitioner. There is no impediment of law if any petitioner is allowed to pre‑empt the land as the quantum of land under his possession will no......sc. Appeal referred above and as such his Judgment and order do not interference. In the result, the Rule is discharged with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 15. ......ted land. He noticed that schedule of the Hibanama wherein the disputed land has been described as nal land i.e. agriculture land and further it appears an injunction was issued in this pre‑emption proceeding and it was locally inspected by an Advocate Commissioner. All these materials were consid..Category: Property Law | Date: | Hits: 72
....94.
Cases Referred To-
Iron‑Ox Remedy Co. Ltd Vs. Co‑Operative Wholesale Society Ltd. page 381 of Trade Mark Case from (1907) 24 RP 6, 425; Dhaka Match Factory Ltd. Vs. Bangladesh Match company Ltd. 30 DLR 244; Shafquat Haider Vs. Md. Al-Amin 1987 BLD (AD) 130.
Lawyers Involved:
Asra......ry buyer by the use of the trade mark of the defendant.
Mr. Syed Istiaq Ahmed, learned Advocate for the respondent submitted that maintainability of the suit cannot be decided at the interlocutory stage and the court below granted injunction on consideration of materials on record the same is not......herefore, find no merit in the contentions of the learned Advocate for the appellant.
In the result, the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 48 DLR (1996) 28.
..
Category: Intellectual Property Law | Date: | Hits: 224
Begum and Company Ltd. Vs. Rupali Bank and others, 1994, 23 CLC (HCD)
.... this order. Ed. This Case is also Referred to: 48 DLR (1996) 23. ......d the Rule. The opposite party No.1 filed a counter affidavit denying the material statements made in the Revisional application and stating further that amendment to the plaint can be brought at any stage of the suit and that the learned Subordinate Judge allowed the amendment in conformity with th......d to dispose of the same in accordance with law within a reasonable time preferably 3 (three) months from the date of receipt of this order. Ed. This Case is also Referred to: 48 DLR (1996) 23. ..Category: Civil Law | Date: | Hits: 92
....of Board of Revenue by filing a Writ Petition being Writ Petition No.168 of 1964. This petition was dismissed in January, 1966 and further appeal before the Supreme Court of Pakistan was also without any success. The owners then formed a Co-Operative Society and filed a title suit being T.S. No.441 ......nst the Government is maintainable whether it is filed by the ex-rent receivers directly or in the name of their co-operative Society.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 98.
......ge on 22-6-74. Thereafter a revisional application was filed being Civil Revision No.1110 of 1974. Curiously enough, in that revision which is still pending before the High Court Division all further proceedings of the main suit were stayed. It is inconceivable how in a proceeding under Order 1, rul..
Category: Procedural Law | Date: | Hits: 68
Bangladesh Vs. M/s. Mashrique Textiles and others, 1982, 11 CLC (AD)
....s the Government represented by the Secretary, Ministry of Commerce and Foreign Trade and respondent No.2, the buyer, filed written statement stating that the plaintiff-respondent was not entitled to any amount whatsoever as they already withdrew the excess payment amounting Tk. 39,09,358.00 though ......es the Secretary of Commerce who is a party to the suit cannot sit to arbitrate. Besides, the Secretary, Ministry of Commerce is not mentioned as the Arbitrator in clause 21 of the Agreement. At this stage the learned Deputy Attorney-General intervened and submitted that there had been further amend......f the High Court Division misinterpreted section 20 of the Arbitration Act as well as the Arbitration clause of the agreement as was in force. Leave was granted to consider the question. 5. Before proceeding further the relevant clause providing for arbitration may be quoted. This is clause 21 wh..Category: Alternative Dispute Resolution | Date: | Hits: 147
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