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Abdur Rashid Salam Vs. Md. Moniruzzaman, 2005, 34 CLC (HCD)
....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. ......115(1) or under section 115(4) of the Code. 7. Pressing the application, Mr. Sk Md. Morshed, the learned Advocate appearing for the defendant-opposite party, submits with reference to the relevant provisions of sub-section (2) of section 2, section 96 and Order XLIII of the Code that the instant ..Category: Procedural Law | Date: | Hits: 90
Amin Uddin (Md.) Vs. State, 2006, 35 CLC (HCD)
.... matter having great social importance giving top most priority. LC records along with copy are sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 294, 26 BLD (HCD) (2006) 433. ......tayed. 3. Rule was made returnable within 4 weeks. 4. Rule being ready was fixed at the instance of State opposite party for hearing. 5. Learned Advocate for the accused petitioner refers to provisions of section 27(1) of Nari-o-Shishu Nirjatan Daman Ain, 2000 as amended vide Gazette Notifi..Category: Criminal Law | Date: | Hits: 48
Nabisco Biscuit and Bread Factory Ltd. Vs. Baby Food Products Ltd. and another, 2005, 34 CLC (HCD)
....ctice under the Trade Marks Act, 1940, by S Venkateswaran wherein he has stated with regard to the provisions of section 10 of the Act as follows: "no trade mark shall be registered-Subsection (1) is mandatory, and except as provided in sub-section (2). The Registrar is bound to refuse an applicatio......34 in class 30 being already in existence on the record, the Registrar of Trade Marks, opposite party No. 2, ought not to have registered the impugned trademark of opposite party No. 1 in view of the provisions of section 10(1) and 8(a) of the Act. It is stated that the petitioner engaged a lawyer i..Category: Intellectual Property Law | Date: | Hits: 386
Sonali Bank Limited and Others Vs. Prime Global Limited and Others, 2011, 40 CLC (AD)
....from the date of receipt of this order in accordance with law. Ed. This Order is also Reported in: 63 DLR (AD) (2011) 99, 31 BLD (AD) (2011) 49, 16 MLR (AD) (2011) 151, 8 LG (AD) (2011) 119. ......it or even without any attempt to do so. As such, it is a nullity in the eye of law and it is imperative upon any Court of law, which is in seisin of the matter, to hold so, even without invoking the provisions of section 19 of the Artha Rin Rin Adalat Ain or rule 13 of Order IX of the Code of Civil..Category: Civil Law | Date: | Hits: 102
Kazi Rashed Akhter Shahid (Prince) Vs. Rokshana Choudhury (Sanda), 2006, 35 CLC (HCD)
.... to the wife and the Chairman. The Muslim Family Laws Ordinance for the purpose of affecting the talaq has provided that the giving of notice in writing to the Chairman, a copy thereof to the wife is mandatory. Similar view has been expressed in 75 DLR (SC) 9 and PLD (1963) (SC) 51. 21. No talaq ...... may be after the pronouncement of talaq in any form whatsoever, give the Chairman notice in writing of his having done so, and shall supply a copy thereof to the wife. (2) Whoever contravenes the provisions of sub-section (1) shall be punishable with simple imprisonment for a term which may exte..Category: Family Law | Date: | Hits: 184
MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)
....and by the plaintiff; (b) the plaintiff is not an eligible creditor; (c) the suit is barred under section 12(I)(ga) of Bankruptcy Act, 1997 and (d) the plaint has been filed in gross violation of the mandatory provisions of sections I6(2)(Ka), of the Act, Rule 4(2)(ga) and Rule 9(2) of the Rules. It...... plaintiff; (b) the plaintiff is not an eligible creditor; (c) the suit is barred under section 12(I)(ga) of Bankruptcy Act, 1997 and (d) the plaint has been filed in gross violation of the mandatory provisions of sections I6(2)(Ka), of the Act, Rule 4(2)(ga) and Rule 9(2) of the Rules. It is stated..Category: Civil Law | Date: | Hits: 131
Md. Lokman @ Lokman Vs. State, 2010, 39 CLC (AD)
....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. ......judgment and order as it has failed to appreciate that the tribunal without considering the 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 reas..Category: Criminal Law | Date: | Hits: 73
Dhaka Leather Complex Ltd. Vs. Sikder Construction Ltd. and another, 2009, 38 CLC (AD)
....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....... the Arbitration Miscellaneous Case No.33 of 1997 and accordingly on his prayer in the court the said Arbitration Miscellaneous Case was withdrawn on 04-05-1999. The Appellant stated that under the provisions of the Article No. 178 of the Limitation Act, 1908 an award must be filed in Court for ma..Category: Alternative Dispute Resolution | Date: | Hits: 187
Abi Abdullah (Md.) and others Vs. Government of Bangladesh, 2005, 34 CLC (HCD)
.... petitioners are concerned. In the result, the Rule is made absolute so far as it relates to the petitioners without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 250. ......f the impugned order is not interfered with their right of ownership which has been restored by the Act, 1994 would be taken away. It is also submitted that the respondents have misconstrued both the provisions of President's Order No. 135 of 1972 and the Act of 1994 which amended section 86 of the ..Category: Property Law | Date: | Hits: 99
Abdur Razzaque Zoarder and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....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. ......g this essential distinction between Rules 16 and 18 and is accordingly, to be deemed to have been passed without lawful authority and to be of no legal effect. This Court upon a perusal of these two provisions of the Rules notes that a distinction is indeed, made under the Rules concerning the dete..Category: Employment/Service Law | Date: | Hits: 79
Abdul Mannaf (Md.) Vs. Md. Sohrab Ali Akand & others, 2005, 34 CLC (HCD)
....th the impugned judgment and order. Accordingly, the Rule is discharged without any order as to costs. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 242. ...... 3 of the aforesaid Ordinance, Government may, by notification in the official Gazette, acquire any land and establish any hut of Bazar thereupon on payment of compensation and in compliance of other provisions in this section. But there is nothing to show that the pre-empted land was ever declared/..Category: Property Law | Date: | Hits: 91
Executive Engineer, Sylhet Public Works Department Vs. Md. Asob Ali, 2005, 34 CLC (HCD)
....o costs. The order of stay passed at the time of issuance of the Rule is hereby vacated. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 58 DLR (2006) 236. ...... notice, even granting that it was the highest quotation, will not, in any manner, create on the person who issued the auction notice, an obligation to accept the quotation. 13. So, in view of the provisions of the Sale of Goods Act and the Contract Act, a party coming out to be the highest bidde..Category: Business or Commercial Law | Date: | Hits: 209
Badel Alam Howlader Vs. Falu Dewan and others, 2004, 33 CLC (HCD)
....ly within a period of 3 (three) months from the date of receipt of this order. Communicate the order and send down the lower Court records. Ed. This Case is also Reported in: 58 DLR (2006) 218. ...... submission that non issuance of show cause notice upon the plaintiff-appellant-opposite parties prior to cancellation of the settlement has caused violation of the principles of natural justice, the provisions of the kabuliat need to be referred to. Clause 10 of the kabuliat dated 10-5-92 reads as ..Category: Property Law | Date: | Hits: 66
AHM Khurshed Ali & others Vs. Md. Hashem Ali and others, 2006, 35 CLC (HCD)
.... so advised. The reference is thus disposed of a copy of this judgment may be sent to the concerned Ministries. Ed. This Case is also Reported in: 58 DLR (2006) 211, 26 BLD (HCD) (2006) 114. ......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 any amount, ..Category: Procedural Law | Date: | Hits: 90
Afil Jute Mills (Pvt) Ltd. and others Vs. Bangladesh, 2006, 35 CLC (HCD)
.... 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. ......ney-General. Ms Qamrun Nessa, adopts the above arguments of Mr. Shamim and submits that the said two legislations have been enacted by the legislature for achieving different objectives although some provisions in the legislations under consideration may appear to be overlapping. It is also submitte..Category: Civil Law | Date: | Hits: 125
Ali Akbar (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....dingly, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 201....... of no confidence given to the incumbent acting Chairman. Since the petitioner has been discharging the function of acting Chairman, his removal is guided by section 16(1) of the Ordinance. Since the provisions of the Ordinance have not been followed in removing the petitioner from the post of actin..Category: Election Law | Date: | Hits: 83
Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)
....order is set aside. The learned Additional Sessions Judge is directed to proceed with the case in the light of the observations made above. Ed. This Case is also Reported in: 58 DLR (2006) 193. ......se, the accused appears or is brought before the Magistrate and it appears to the Magistrate that the offence is triable exclusively by the Court of Session, he shall commit, after complying with the provisions of section 207 or section 208, as the case may be, the case to the Court of Session, and ..Category: Criminal Law | Date: | Hits: 49
HRC Shipping Ltd. Vs. MV X-Press Manaslu, MV X-Press Resolve & others, 2006, 35 CLC (HCD)
.... The defendant No. 1 is directed to bear all expenses of the Marshal and his team in connection with the release of the vessel. Ed. This Case is also Reported in: 58 DLR (2006) 185; 12 MLR 265. ......icable in this case since the vessel MV Jaami carried the goods from aport in Bangladesh and accordingly, the carrier is discharged from liability in respect of loss and damage to the goods under the provisions of the said Act. 7. Mr. Rafique-ul-Huq, the learned Advocate for the plaintiff submits..Category: Admiralty Law or Maritime Law | Date: | Hits: 314
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....of the Daily Ittefaq the moment he held the office of the Minister. While elaborating this submission, the learned Counsels argued that since Article 147(3) is couched in negative terms its effect is mandatory. Hence the bar created by clause (3) of Article 147 against holding the office, post or po......war Hossain was no longer a Minister. So, it would be futile exercise to hear the Rules as they had lost their efficacy by lapse of time, particularly when it involves consideration of constitutional provisions, which are not liable to be decided merely as an academic issue. Mr. Huq has relied upon ..Category: Information Technology Law | Date: | Hits: 324
Moulana Md. Abdul Kader Azadi Vs. Government of Bangladesh and other, 2005, 34 CLC (HCD)
....o the Supplementary Affidavit. Therefore, the licence of the petitioner was revoked without lawful authority. 5. Mr. NK Chakraborty, learned Advocate appearing for the petitioner, submits that the mandatory provision of law is that prior to the cancellation of the licence of a Nikah Registrar, he...... notice to the District Registrar. The petitioner, however, failed to submit any satisfactory reply. The licence of Nikah Registrar of the petitioner was revoked after complying with all the relevant provisions of law. 4. On receipt of the affidavit-in-opposition. The petitioner filed a supplemen..Category: Employment/Service Law | Date: | Hits: 81
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