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Akhteruzzaman Chowdhury Vs. Hamidul Huq, MD, UCBL and another, 2003, 32 CLC (HCD)
.... High Court Division (Statutory Original Jurisdiction) Present: Syed Amirul Islam J Akhteruzzaman Chowdhury..........................Contempt Petitioner Vs. Hamidul Huq, MD, UCBL and another............Contemner‑Opposite Parties Judgment November 2, 2003. Lawyers Inv......assed by this Court on 15‑4‑2002 and the subsequent order dated 17‑5‑2003 in Company Matter No. 2 of 2000 and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts which led to the issuance of this Rule are that, the present petitioner is a..Category: Banking Law | Date: | Hits: 158
Noor Mohammad Vs. Md. Noor Hossain & another, 2002, 31 CLC (HCD)
....rty No. 2. Civil Revision No. 2517 of 2001. Judgment Bijan Kumar Das J.- This Rule was issued calling upon the Opposite Parties to show cause as to why the impugned order dated 8‑2‑2000 and 10‑2‑2000 respectively passed by the Assistant Judge, 5th Additional Court, Dhaka in Title S......e defendant is occupying the same on permission of Dhaka City Corporation. In a suit for ejectment of a tenant third party who is not claiming tenancy under the plaintiff is neither a necessary nor a proper parry. The submission of the learned Advocate Dr. Kazi Akter Hamid will be available in a sui..Category: Tenancy Law | Date: | Hits: 171
Karam Ali Vs. State, 2001, 30 CLC (HCD)
....nt Judgment July 5, 2001. Result: The appeal is dismissed. Criminal Jail Appeal No. 1192 of 1995. Judgment Gour Gopal Saha J. - This jail appeal is directed against the judgment and order dated 30-4-95 passed by the 2nd Assistant Sessions Judge, Narayanganj in Sessions Case No.......ated that only 4 accused had assembled for committing dacoity and accused Karam Ali was one of them. In such view of the matter, we hold that the charge under section 399 of the Penal Code is neither proper nor legal. In the facts of the case, there could be a charge for preparation for committing r..Category: Criminal Law | Date: | Hits: 97
Ali Hossain (Md) and Other Vs. State, 2000, 29 CLC (HCD)
....e. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 282. ......est of justice. 10. Mr. FKMA Mahbub, the learned Assistant Attorney-General appearing for the State, on the other hand, submits that the learned Divisional Special Judge on detailed discussion and proper consideration of the evidence on record, both the oral and documentary, was perfectly justifi..Category: Criminal Law | Date: | Hits: 40
Nurul Islam Manzoor Vs. State, 2000, 29 CLC (HCD)
....1999. Judgment Md. Hamidul Haque J. - By this Rule, the opposite party was called upon to show cause as to why statement of the witnesses recorded section 161 of the Code of Criminal Procedure and of co-accused Taheruddin Thakur recorded under section 164 of the Code of Criminal Procedure whi...... bar for using documents in evidence which were not transmitted along with record to the Metropolitan Sessions Court by the learned Magistrate. We are of the view that in order to decide the question properly, we are to consider some relevant sections such as sections 173, 205C, 265B and 265C of the..Category: Criminal Law | Date: | Hits: 45
Abdul Mannan (Md) Vs. Swaraj Roy and others, 2001, 30 CLC (HCD)
.... High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J Abdul Mannan (Md) ……………………Petitioner Vs. Swaraj Roy and others ………………..Opposite-Parties Judgment December 5, 2001. Cases Referre...... being of the view, “the case of respondent No. 1 clearly comes within the exception of the general principle of addition of party in a suit for specific performance of contract and that he is a proper party to be added as a defendant in the suit for proper adjudication of the real dispute as t..Category: Property Law | Date: | Hits: 31
Ganesh Chandra Das Vs. Arati Acharjya, 2001, 30 CLC (HCD)
....ry action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)348. ......te party with one Advocate Mr. Kamal, about her going to Cox’s Bazar with Mr. Kamal to different cinema halls, the trial Court disbelieved these allegations for want of direct evidence and recorded proper reasonings. According to the principles laid down in the case law reported in 1997, 13 BLD 56..Category: Family Law | Date: | Hits: 186
Mirza Abdul Bari Beg and Others Vs. Zahidannessa and others, 2001, 30 CLC (HCD)
....holders. Ed. This Case is also Reported in: 54 DLR (2002)344. ...... Rahman Fakir is an appeal before the Supreme Court of Pakistan which was preferred by the plaintiff against the order of the High Court returning the memorandum of appeal for presentation before the proper Court. Suit was for partition. Issue was what should be the value of the suit for the purpose..Category: Property Law | Date: | Hits: 29
Pubali Bank Ltd. Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
....eme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Tafazzul Islam J Sikder Maqbul Huq J Pubali Bank Ltd……………………..Petitioner Vs. Mazid and Co. and others................ Opposite Parties Judgment December 3, 2000. Cases Ref......l be made nugatory. Accordingly, since the aggrieved party sought relief before the court in revisional jurisdiction challenging the impugned order, which on the face of it is illegal, it will not be proper to say that the High Court has no jurisdiction to set aside the same on the ground that no re..Category: Civil Law | Date: | Hits: 93
Shamsul Haque (Md) Vs. State, 1999, 28 CLC (HCD)
....Shamsul Haque (Md)………………………….Accused-Appellant Vs. State…………………………….Respondent Judgment December 8, 1999. Cases Referred to- Akhter Hossain and others Vs. State, 4 BLC 236 Abdul Wahed alias Chandu Mia Vs. State, 4 BLC 320. Abu Taher Chowdhu......rred this appeal against the said order of conviction and sentence. Mr. Sultan Ahmed, the learned Advocate appearing on behalf of the convict-appellant, submits that the impugned judgment is not a proper judgment and the order of conviction and sentence is not maintainable in view of the evidence..Category: Criminal Law | Date: | Hits: 32
....iction)
Present:
KM Hasan J
Solaiman Ali (Md.) trading as Aarman Soap Factory…………………………………….Petitioner
Vs.
Md. Abul Hussain, trading as Munni Soap Dhaka and another…………..…….Respondents
Judgment
November 11, 2001.
Cases Referred ......nion, has not been complied with. A substantial departure has been made from the statutory scheme governing the process of registration of Trade Mark. The Registrar did not exercise his discretion on proper consideration of the principles involved and made his decision open to review. Law is there t..
Category: Intellectual Property Law | Date: | Hits: 167
....on)
Present:
AHM Shamsuddin Choudhury J
Sheikh Md. Zakir Hossain J
Siddique Ahmed……………..Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, P.S.-Ramna and District-Dhaka and others.....Resp......undnorm” theory, Kelsen asks all to “obey the historically first constitution’, so extra constitutional rule is totally abhorrent to his perception.
72. The assertion, “Martial Law in the proper sense of that term, in which it means the suspension of ordinary law and the temporary gover..
Category: Constitutional Law | Date: | Hits: 482
....
(Special Original Jurisdiction)
Present:
Mahfuzur Rahman J
MA Aziz J
Nisha Rani Devi…………………Petitioner
Vs.
National Board of Revenue, Peoples Republic of Bangladesh and others….……Respondents
Judgment
July 21, 1998.
Cases Referred To-
Commissione......ake a final assessment. The only provision for refund has been made under section 27 if the claimant can satisfy the DCT that the amount of tax paid by him or her exceeded the amount with which he is properly chargeable under the Act. He shall be entitled to a refund of such excess empowering the Bo..
Category: Fiscal/Taxation Law | Date: | Hits: 69
Tofazzal Hossain (Md) and others Vs. Momtaz Begum & others, 1999, 28 CLC (HCD)
..... Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 223.......lawful basis, that the jama in question was not legally separated and the same has occasioned failure of justice. The learned Counsel further submits that the learned Courts below erred in law in not properly discussing and considering the material evidence on record and the same has also occasioned..Category: Property Law | Date: | Hits: 31
Abul Hossain Vs. State, 2000, 29 CLC (HCD)
....……Petitioner Vs. State………………………………………Opposite Party Judgment February 27, 2000. Lawyers Involved: M Enayetur Rahim with Md. Jahangir Alam and Shahidul Islam, Advocates- For the Petitioner. Not represented- the Opposite Party. Crimin......plaint is filed before him. The learned Sessions Judge was correct in setting aside the order of the learned Magistrate dated 18-5-99 but was wrong in giving a direction to hold judicial inquiry. The proper order should have been to direct the Magistrate concerned to proceed in accordance with law a..Category: Criminal Law | Date: | Hits: 42
Shah Alam (Md.) Vs. Abul Kalam and others, 2001, 30 CLC (HCD)
....e Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J Shah Alam (Md.)………………….Petitioner Vs. Abul Kalam and others....………….Opposite Parties Judgment November 25, 2001. Cases Referred T......assed against the Government. Trial Court found the officials had no authorisation and rejected their application. The High Court took the view that the trial Court could ask those officials to bring proper authorisation. 18. In the case before us, the purchaser Abul Kalam never ever appeared or ..Category: Limitation Law | Date: | Hits: 175
Anil Kumar Ghosh Vs. Shamir Kumar Ghosh, 2001, 30 CLC (HCD)
....ection 46 of the Trade Marks Act, 1940 for rectification of the Register of Trade Marks by removal of the registered trade mark No. 38902 in class-29 from the Register are taken together as the facts and law points involved are similar. 2. The facts of Trade Mark Application No. 3 of 2000, as sta...... party No.1 for registration was advertised in the Journal for the month of May and June, 1996 at page 180 (Annexure A). The opposite party obtained registration of the respective authority following proper legal proceedings in adopting a trade mark consisting of the words “New Baghabari Khati Gaw..Category: Intellectual Property Law | Date: | Hits: 200
Protima Sen and others Vs. Chitra Rani Dey and another, 1999, 28 CLC (HCD)
....s Case is also Reported in: 52 DLR (HCD) (2000) 218. ......-3-98 passed by the 1st Court of Subordinate Judge, Sadar Chittagong, in Partition Suit No.88 of 1981 rejecting the plaintiffs’ application for determination of the value of 1/3rd share of the suit property for buying up purposes. 2.Short facts leading to the case are that, the petitioners as p..Category: Property Law | Date: | Hits: 42
Parimal Chandra & others Vs. Shaheda Begum and others, 1999, 18 CLC (HCD)
....s immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 206.......including the present plaintiff Nos. 1 and 2, but they did not contest the suit, as they had no prospect therein. It was further contended that the plaintiffs have no title and possession in the suit property, which is owned and possessed by them on the basis of purchase by registered sale deeds dat..Category: Procedural Law | Date: | Hits: 81
Bashiruddin (Md) Vs. Bangladesh and others, 1999, 18 CLC (HCD)
....2000) 201.......h schedule, filed an appeal, being Revenue Miscellaneous Appeal No.150 of 1998, before the Divisional Commissioner, Sylhet alleging that the fishery has been leased out at a low amount without making proper publicity and that he is willing to take lease of the fishery at an amount of Taka 5,20,000.0..Category: Property Law | Date: | Hits: 33
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