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Mansur Ali Howlader Vs. Nurul Islam Howlader, 2004, 33 CLC (HCD)
....of Civil Procedure was rejected by the trial Court on merit and no appeal was preferred against that order. 8. The learned Advocate submits that it is a fact that the petitioner did not prefer for any relief against the order rejecting his application under Order XXII, rule 10 of the Code of Civi......ppeal in accordance with law and to dispose of the appeal within 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 58 DLR (2006) 304, 26 BLD (HCD)(2006) 53.......oner he has become a third party and sections 96, 104 and 146 of the Code of Civil Procedure do not prohibit a 3rd party/stranger from filing an appeal having interest in the property involved in the proceeding if his interest is adversely affected by an order or decree. 9. Section 96 of the Code..Category: Property Law | Date: | Hits: 81
Abdur Rashid Salam Vs. Md. Moniruzzaman, 2005, 34 CLC (HCD)
....ting the plaint on the ground that the tenancy agreement with the plaintiff having expired he has no legal character, no locus standi and no cause of action to bring the suit as there is no breach of any obligation or contract. 5. The trial Court allowed the said application on contest rejecting ......o granted earlier by this court is also vacated. Send down the lower court records at once if already received by the office of this Court. Ed. This Case is also Reported in: 58 DLR (2006) 298. ......hall not include (a) any adjudication from which an appeal lies as an appeal from an order, or (b) any order of dismissal for default. Explanation.— A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such ad..Category: Procedural Law | Date: | Hits: 90
Nabisco Biscuit and Bread Factory Ltd. Vs. Baby Food Products Ltd. and another, 2005, 34 CLC (HCD)
....as effective in respect of the opposite party's application. It is contended on behalf of opposite party No. 1 that the petitioner did not avail the remedy provided by section 76 of the Act by filing any appeal against the order of the Registrar of Trade Marks. It is further contended that the words......ected to take necessary steps in accordance with law to effect rectification of the Register of Trade Marks in the light of this Judgment. Ed. This Case is also Reported in: 58 DLR (2006) 287. ...... "NABISCO." 3. By an amendment to its petition, the petitioner claimed that the learned Advocate, who had been engaged by the petitioner to file the opposition to the impugned trademarks, left the proceeding unattended, which resulted in the opposition being treated as abandoned. It is claimed th..Category: Intellectual Property Law | Date: | Hits: 386
Motleb Mondal Vs. State & others, 2005, 34 CLC (HCD)
....ll aforesaid sections on 5-9-95. 6. He submits that present petitioner Motleb Mondal, father of deceased victim Rezaul, being prevented by aforesaid Ainuddin Joarder and his group from praying for any legal remedy for the murder of his son Rezaul in the thana which also turned deaf ear to any app......57/2000 in accordance with law and in the manner as directed in the cited decision as reported in 18 DLR SC 474. Copy is sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 282. ......sions Case 28/2001 should not be set aside or pass such other order or orders as this court may deem fit and proper. Rule was made returnable within 4 weeks. 2. Pending hearing of the Rule further proceedings of both Sessions Case 28/2001 and Sessions Case 57/2000 were stayed for 3 months. Subseq..Category: Criminal Law | Date: | Hits: 41
Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed and others, 2006, 35 CLC (HCD)
....ocate on 17-3-1994 and came to know about the ex parte judgment and decree; that the defendant No. 1 has been seriously prejudiced by the ex parte judgment and decree; that if the defendant No. 1 had any knowledge regarding the hearing date of the suit then he would contest the suit; that the laches......aside and the original suit being Miscellaneous Appeal No. 76 of 1992 be restored to its original file and number. Ed. This Case is also Reported in: 58 DLR (2006) 277, 26 BLD (HCD) (2006) 388. ......not duly served; or (II) he was prevented by any sufficient cause from appearing when the suit was called out for hearing, the court will set aside the decree passed against him and appoint a day for proceeding with the suit. 23. In this case the question of service of summons does not arise as t..Category: Property Law | Date: | Hits: 115
State Vs. Harun Chowdhury, District Magistrate and Mostafa Kamal, SP Sylhet, 2005, 34 CLC (HCD)
....sobedience to the order passed by this Hon'ble Court and that since they tender unconditional apology and undertake that they would not repeat the same thing in the future, the Hon'ble Court may pass any order as it deems fit and proper. 7. We have heard the learned Advocates of both the contemners ......tafa Kamal, Superintendent of Police, Sylhet are exonerated from the charge of contempt of Court and they are warned to be careful in future. Ed. This Case is also Reported in: 58 DLR (2006) 267.......ve noticed with utter dismay that during the pendency of the contempt Rule the said contemner has been allowed to join the promotion post of Joint Secretary, Ministry of Home Affairs. When a contempt proceeding has been pending against a government functionary no less than the Deputy Commissioner an..Category: Civil Law | Date: | Hits: 1272
MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)
....ful authority and to be of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner is the proprietor of M/s MA Salam and Company. The respondent No. 1 is a Special Court constituted under section 4 of Bankruptcy Act, 1997 and......al of a plaint after filing of a written objection by the defendant debtor and completion of hearing procedures under section 27 of the Act. 33. We are of the view that in the present case at this stage even ignoring section 28(1), no order can be passed for rejection of plaint under Rule 11 beca...... petitioner calling upon the respondents to show cause as to why the impugned order No. 16 dated 20-11-2000 passed by respondent No. 1 in Bankruptcy Case No. 6 of 2000 (Annexure-D) and the subsequent proceedings in Bankruptcy Case No. 6 of 2000 pending before respondent No. 1 should not be declared ..Category: Civil Law | Date: | Hits: 131
Md. Lokman @ Lokman Vs. State, 2010, 39 CLC (AD)
....e facts and circumstances of the case and materials on record and without applying its judicial mind to the provisions of Section 265C and 265D of the Code of Criminal Procedure and without assigning any reason framed charge against the accused petitioner mechanically and thereby the learned Judge h......Rule requiring no interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 156, 8 LG (AD) (2011) 81, 31 BLD (AD) (2011) 60. ......nju examined thereafter, the post-mortem report and other materials on record found that there are sufficient materials to make out a prima-facie case under Section 302 and 34 of the Penal Code for proceeding against the accuse petitioner whose name was mentioned in the First Information Report an..Category: Criminal Law | Date: | Hits: 73
Dhaka Leather Complex Ltd. Vs. Sikder Construction Ltd. and another, 2009, 38 CLC (AD)
....letion of some construction works of the defendant appellant. That a dispute arose between the parties regarding the construction of the said work. It has been stipulated in the contract that in case any dispute arises between the parties it shall be settled through arbitration. Accordingly Mr. Abul......ost. The impugned judgment and order dated 18-08-2003 passed by the High Court Division in First Appeal No. 255 of 2002 is hereby affirmed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 75.......missions of the learned Counsel appearing for the appellant that both the High Court Division as well as trial court failed to consider that as per Section 14 (2) of the Arbitration Act, 1940 the proceedings of the arbitration along with the documents and depositions taken in the proceeding shal..Category: Alternative Dispute Resolution | Date: | Hits: 187
Abdur Razzaque Zoarder and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....3) dated 5-3- 2000 (Annexure-C) upon specific terms and conditions. The petitioners now stand aggrieved by the fact that subsequent to the said appointments of the respondent Nos. 6 to 13 and without any prior notice to that effect having been given to the petitioners, the respondent Nos. 2 to 5 ame......n light of the above, this Court finds substance in this Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 245. ......n light of the above, this Court finds substance in this Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 245. ..Category: Employment/Service Law | Date: | Hits: 79
Alimuddin and others Vs. Abdul Kabir and others, 2003, 32 CLC (HCD)
....ases relied on the same in passing the impugned order. 16. From the discussions as above it appears further that the proposed amendment in the instant case as contended in Annexure-'B' does not in any way change the nature and character of the suit not it involves the question of limitation as in...... the suit properties in 1956" 14. With respect of such prayer for amendment his Lordship, sitting singly, held in the following language, "Such amendment cannot be permitted to be made at this stage and today when this application has been filed, it is about 20 years after the date of filing ...... with the appeal in accordance of law. Send down a copy of this judgment to the learned Joint District Judge, Kishoreganj for compliance. Ed. This Case is also Reported in: 58 DLR (2006) 240...Category: Procedural Law | Date: | Hits: 93
Golap Vs. Md. Abdul Hakim & others, 2002, 31 CLC (HCD)
.... denying the plaintiff's case. During pendency of the suit defendant No. 3 Rasullah alias Abdur Rashid, son of late Abdul Gafur died on 4-3-92 leaving behind his heirs. But the plaintiff did not take any step within the specified period of 90 days to substitute the heirs of deceased defendant No. 3 ...... an application under Order I, rule 10 of CPC for striking out name of defendant No. 3 and adding the names of his legal heirs by way of amendment. Court has discretionary power to add parties at any stage of the proceedings. But if a defendant dies after filing of written statement as in the presen......on under Order I, rule 10 of CPC for striking out name of defendant No. 3 and adding the names of his legal heirs by way of amendment. Court has discretionary power to add parties at any stage of the proceedings. But if a defendant dies after filing of written statement as in the present case, then ..Category: Procedural Law | Date: | Hits: 106
Tahera Begum and others Vs. Mizanur Rahman (Md.) and others, 2004, 33 CLC (HCD)
....f of the petitioners, submits that by purchase, opposite party No.1 acquired entire share of said defendant No. 232, Jalal Patwari of Title Suit No. 22 of 1994 as early as in 1997 but he did not take any step in the suit and allowed the preliminary decree to be made final. 9. By filing a suppleme...... in Title Suit No. 12 of 2002 staying all further proceedings of Title Execution Case No. 1 of 2002 is hereby set aside. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 224.......ication under section 115 of the Code of Civil Procedure against an order dated 27-7-2002 passed by Joint District Judge, Court No.2 at Chandpur in Title Suit No. 12 of 2002, which stayed all further proceeding of Title Execution Case No. 1 of 2002. 2. It is stated that one Md. Mohsin Khan, prede..Category: Property Law | Date: | Hits: 72
Rafique Ullah (Md) Vs. Badsha Alam and others, 2005, 34 CLC (HCD)
....uiyan along with Mr. Mohammad Mofazzal Hossain, the learned Advocates appearing for the pre-emptor opposite parties, on the other hand, vehemently submits that the pre-emptee-petitioner did not raise any specific objection with regard to the defect of parties by giving necessary particulars of the r......e-emption is maintained. The order of stay earlier granted by this Court stands vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 58 DLR (2006) 221. ......aded in the application for pre-emption. Secondly, Mr. Chowdhury referring Exhibit "Kha" i.e. judgment and decree of Title Suit No. 30 of 1998, submits that the deed in question under the pre-emption proceeding was, in fact, a deed of mortgage but due to mistake the kabala was written as a sale deed..Category: Property Law | Date: | Hits: 67
AHM Khurshed Ali & others Vs. Md. Hashem Ali and others, 2006, 35 CLC (HCD)
....revisional application. A conflicting view was taken by another Division Bench presided over by Mr. Justice Md. Arayesuddin and it was held by that Bench that since no valuation has been mentioned in any of the provisions of section 115 of the Code, the revisional application with the valuation of a...... the District Judge under section 24 of the Code of Civil Procedure. It is provided under that section that on the application of may of the parties or of its own motion the District Court may at any stage transfer any suit, appeal or other proceedings before it for trial or disposal to any court su......ing in the sub-section expressly providing that a revision will lie against an order of a Joint District Judge before the District Judge irrespective of the value of the subject matter of the suit or proceeding pending in the Court of Joint District Judge where ordinarily suit or proceeding of unlim..Category: Procedural Law | Date: | Hits: 90
Afil Jute Mills (Pvt) Ltd. and others Vs. Bangladesh, 2006, 35 CLC (HCD)
.... the respondent No. 3, Janata Bank, KD Ghose Road, Corporate Branch, Khulna making a demand of Taka 79,13,42,887.12 against the petitioners should not be declared to have been made and issued without any lawful authority and of no legal effect. 2. Subsequently, when the matter was taken up for he...... Rule and it must fail. In the result, the Rule is discharged for the above reasons without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 207, 26 BLD (HCD) (2006) 361. ......value of the security against the said credit exceeds the amount due from the petitioner company, the impugned six notices under section 9(1) (i) of the Bankruptcy Act, 1997 for initiating bankruptcy proceeding against the petitioners is illegal and colourable exercise of power under the law. 5. ..Category: Civil Law | Date: | Hits: 125
State Vs. Md. Shahjahan, 2004, 33 CLC (HCD)
....e condemned-prisoner was placed on trial before the Sessions judge, Luxmipur having been charged under sections 302/307 of the Penal Code. 4. At the time of trial, the prosecution has examined as many as 19 witnesses in support of the prosecution case and they were also cross-examined by the lear......id nothing PW 5, Abdul Hannan, said in his cross-examination that he did not see the persons who shot at whom. PW 6, Razib Kumar Debnat, claiming to be eye-witness, said in his deposition that at one stage he came forward and saw the Bank Guard condemned prisoner firing a shot on the back of the dec...... accused condemned prisoner Md. Shahjahan be set at liberty at once if not wanted in any other case. The Lower Court's Record is sent down. Ed. This Case is also Reported in: 58 DLR (2006) 203. ..Category: Criminal Law | Date: | Hits: 96
Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)
....d person to examine the record of the case for ascertaining whether or not there is sufficient material for presuming that the accused has committed an offence and that the Court has no power to pass any order mechanically. His further contention is that if a superior police officer is appointed to ......Since the petitioner has annexed the statements of all the witnesses recorded under section 161 Cr.P.C. along with the first information report, the police report, the record of the case at this late stage is not necessary; the application for calling for the record is accordingly rejected. 2. Fa......il Nadu AIR 1989 (SC) 1137 and Rambilas Singh and others Vs. State of Bihar, AIR 1989 (SC) 1593. 5. Before we decide the legal points, let us consider whether or not there is sufficient ground for proceeding against accused Mofizur Rahman or that the learned Additional Sessions Judge has rightly ..Category: Criminal Law | Date: | Hits: 49
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
..... Anwar Hossain and others……………………………….Respondents. Judgment January 28 & 29, 2003. July 14, 2003. Result: The Rules are made absolute without any order as to cost. Cases Referred to- Osman Gani Mondal Vs. Mainuddin Ahmed and other......ীর পারিশ্রমিক প্রভৃতি”. This reinforces the argument of the learned Counsel for the petitioner and the views of Mr. Mahmudul Islam to be discussed at a later stage that the proviso was meant to facilitate the drawing of salary by the ministers. 213. Mr...... he suspended, even his own mini Constitution was subordinate to his Martial Law dispensation. He reserved the power to revive the Constitution in doses which he did from time to time after 1985. All proceedings arising out of and in connection with Writ petitions under Article 102 of the suspended ..Category: Information Technology Law | Date: | Hits: 324
Moulana Md. Abdul Kader Azadi Vs. Government of Bangladesh and other, 2005, 34 CLC (HCD)
.... the Nikah Registrar under rule 5(1) of the Muslim Marriages and Divorces (Registration) Rules, 1975 as contained in Annexure B to the Writ Petition should not be declared to have been passed without any lawful authority and is of no legal effect and/or such other or further order or orders passed a......ce with law. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 114. ...... Laws Ordinance, 1961 to hold two posts of the government at the same time. She also submits that the matter was enquired into by the District Primary Education Officer following which a departmental proceeding was initiated against the petitioner for not carrying out the directives of the Directora..Category: Employment/Service Law | Date: | Hits: 81
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