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Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)
....an Magistrate so far as it relates to the petitioner should not be declared to be without lawful authority and of no legal effect and why the respondents should not be directed to refrain from taking any action or passing any order against the petitioner or such other or further order or orders pass......no order as to costs. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 106, 26 BLD (HCD) (2006) 83. ......ed Mahmud Hossain J.- This Rule Nisi under Article 102 of the Constitution of the People's Republic of Bangladesh was issued calling upon the respondents to show cause as to why the impugned criminal proceedings being BACGR Case No. 9 of 2002 arising out of Sabujbag PS. Case No. 27 dated 16-1-2002 p..Category: Criminal Law | Date: | Hits: 158
Sushovan Guha and others Vs. Mahbubul Mannan Chowdhury and others, 2005, 34 CLC (HCD)
.... 1 to 5, 9, 11 to 13 from changing the nature of the 'Kha' schedule land, from entering into the schedule land and also to restrain the defendants Nos. 13 and 14 from leasing out the schedule land to anybody else till the disposal of the suit and accordingly, the aforesaid defendants No.1 to 5, 7 to......d and can make such order as he finds fit and proper. But in the instant case, the petitioners did not give an opportunity to the learned Additional District Judge to think over the matter and at the stage of issuing notice, they filed this revisional application before this Count and thus their app......urt Division grants leave for revision on an error of an important question of law resulting in erroneous decision occasioning failure of justice and the High Court may make such order in the suit or proceeding as it thinks fit." 15. Section 115 of the Code of Civil Procedure empowers the High Co..Category: Procedural Law | Date: | Hits: 77
Abdul Mannan alias Mona Miah Vs. State, 2002, 31 CLC (HCD)
....death as money demanded by the accused was not paid. In his cross-examination, he admitted that he filed the first information report after 2 months of the date of occurrence. He denied that he filed any written first information report stating that his daughter committed suicide by hanging herself.......by hanging herself. Then they were talking about doctor and at that time the call for the Fazar prayer was heard and he went to mosque. Then he came again and saw the dead body of the victim. At this stage he was declared hostile by the prosecution and on being examined by the prosecution he denied ...... of Additional Sessions Judge, and Nari-o Shishu Nirjatan Daman Bishesh Adalat No. 2, Noakhali for necessary action in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 91. ..Category: Criminal Law | Date: | Hits: 96
Government of Bangladesh Vs. Helal Jute Press Ltd. and others, 2009, 38 CLC (AD)
..........................................Appellant Vs. Helal Jute Press Ltd. and others……………..........Respondents Judgment July 21, 2009. Cases Referred To- New India Tea Company Ltd. Vs. Bangladesh and others, 31 DLR (SC) 303; Hamidul Huq Chowdhury Vs. Bangladesh, 34 DLR (H......ntenance of the godowns within 10 months be set aside. There shall be no order as to cost. Ed. This Case is also Reported in: 8 LG (AD) (2011) 70, VIII ADC (2011) 376, 31 BLD (AD) (2011) 86. ......elating to damages or compensation." 13. In the case of Farid Mia Vs. Amjad Ali reported in 42 DLR (AD) 13 at page 15 para 7(a) ATM Afzal, J as he then was, observed as follows: "In the summary proceedings under Article 102 it is not desirable and, more often than not, not possible to record a..Category: Property Law | Date: | Hits: 128
Jahangir Alam (Md.) and another Vs. Md. Shamsur Rahman Sarder & others, 2010, 39 CLC (AD)
.... LIV of 1985. If the transfer is barred by provisions of ordinance No.LIV of 1985, then the suit is also barred by the same provision. It has been provided in section 6 amongst others that no suit or any other legal proceedings shall lie before any Court for declaration that a building is not an a...... Appeal No. 271 of 2003 is disposed of in the terms of the judgment in C.A. No. 270 of 2003. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 22, 8LG (AD) (2011) 65, 31 BLD (AD) (2011) 52. ......t is also binding upon her successor. We find no basis in the contention of the learned Counsel. 8. When a judgment is given in evidence, the party against whom it is given in evidence may, in the proceeding in which it is given in evidence, show that the judgment was obtained by fraud or collusi..Category: Property Law | Date: | Hits: 71
......................................Appellants
Vs.
EPI-BFEW Consortium & others..................Respondents
Judgment
February 18, 2010.
Result:
The appeals are allowed without any order as to costs.
Lawyers Involved:
Ahsanul Kabir, Advocate instructed by Md. Zahirul Isl...... writ-petitioner consortium was pre-qualified by the CWASA as per Bangladesh Public Procurement Regulations, 2003. The writ-petitioner consortium purchased a tender schedule and submitted the 1st stage bid along with 7 other bidders on 28-9-2005. Out of these bidders, 4(four) were considered by ......ment Purchase after examining the tender document found serious deviations of both the DCL-SBA and EPI-BFEW for which any decision of Central Committee of Government Purchase will not prejudice for proceeding to re-tender of such project as the EPI-BFEW is also entitled to participate in the re-te..
Category: Others | Date: | Hits: 164
Yusuf Mia Vs. State, 2011, 40 CLC (HCD)
....004) arising out of G.R. Case No.1941 of 2002 corresponding to Uttara P.S. Case No. 55 dated 29.2.2002. The trial court however, is at liberty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree.......ncel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......ed by Md. Shaidur Rahman Shahid @ Shahid, Commissioner under section 561A of the Code of Criminal Procedure the Hon’ble High Court Division, by order dated 10.07.2008 issued a rule for quashing the proceeding and stayed all further proceedings of Druta Bichar Tribunal Case No.28 of 2004 be stayed ..Category: Criminal Law | Date: | Hits: 50
Jabed Ali alias Kasai Jabed alias Mawra Jabed Vs. State, 2011, 40 CLC (HCD)
....osecution has proved its case beyond reasonable doubt, and as such the learned Judge of the Tribunal rightly passed the impugned judgment and order of conviction and sentence, which does not call for any interference. 7. We have gone through the evidence and other materials on records. It appears......e and time of occurrence he was passing through the front side of the college, when a police man told him that a person had been held inside the college. However, he did not know that person. At this stage, the prosecution declared him hostile. He denied the suggestion that he was not telling the tr......war Ali is acquitted of the charges levelled against him and discharged from his bail bond. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 44
State Vs. Mirza Abbas, 2010, 39 CLC (AD)
.... the case at this stage. We find no merit in the contention of the learned Attorney General. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 114.......re with the discretionary power exercised by the High Court Division. More so, since the High Court Division is in seisin of the matter we are not inclined to enter into the merit of the case at this stage. We find no merit in the contention of the learned Attorney General. Accordingly, the petit...... the case at this stage. We find no merit in the contention of the learned Attorney General. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 114...Category: Criminal Law | Date: | Hits: 42
Yusuf Jamil Babu Vs. Bangladesh and others, 2009, 38 CLC (AD)
....Authority upon hearing the parties, dismissed the appeal by the order dated 20.12.2008. The petitioner is one of the share holders and Directors of M/S. Moinmati Textile Mills by inheritance. The Company was established in the year of 1963 having made corporate under the Company Act, 1913 as a Publi......nce, 2008. In the present case, the petitioner was allowed to contest in the election by the ad-interim order of High Court Division and he spent a lot of money and while the election was in the last stage, the regular Bench of the High Court Division on 20.01.2008, just two days ahead of the electi......vidence in a proper forum, i.e. the election tribunal. At the moment, we could not but, on the available material, go beyond the finding of the Returning Officer or the appellate forum in the instant proceedings unless it is shown that the same suffer from corum-non-judice or malice in law. In vi..Category: Election Law | Date: | Hits: 116
Bally Schutrabriken Ag, Switzerland Vs. Hosnara Begum, 1999, 28 CLC (HCD)
.... in Class 25. In the opposition the appellant contended that they are the internationally reputed manufacturers of shoes and foot wears under the trade mark “BALLY” constituting part of their company name. This Trade Mark has been registered in more than 100 countries of the world including Unit......ined to interfere with the impugned judgment and order. The Court fees paid are correct. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 52 DLR (2000) 546. ......e and that even a registered mark can be removed from the Register for non-use of the mark for a continuous period of 5 years and with those observations the learned Registrar rejected the opposition proceeding filed by the appellant before him. 4. Mr. Ohidullah, the learned Advocate appearing fo..Category: Intellectual Property Law | Date: | Hits: 210
....t was the further case of the plaintiff that the defendant No. 1 and 2 failed to deposit solatium within the time limit as granted by the Appellate Division and as such they were not entitle to get any deed executed and registered through Court and the decree became infructious. The plaintiff subm......,000/-. It was the further case of the plaintiff that the defendant No. 4 entered into the suit land as a vharatia under the present plaintiff on the strength of an agreement dated 28.02.1997. At one stage the defendant No. 4 started depositing rent with the Rent Controller under section 19 of the p......r case that the present appellants started Execution Case No. 20 of 1985 for Execution of the judgment and decree dated 30.11.1977 passed in other class Suit No. 41 of 1974 (Exhibit-‘ka’) and the proceeding of that case was stayed. It was the further case of the plaintiff respondent that before ..
Category: Property Law | Date: | Hits: 110
Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)
....ers, 21 BLD (AD) 69; Government of Bangladesh and another Vs. Sheikh Hasina and another, 28 BLD (AD) 163; Patrick Reyes Vs. The Queen Bachan Singh Vs. State of Punjab, [1980] 2 SSC 475; State Vs. Makwanyane 1995(3) SA 391; Francis Kafantayeni and others Vs. Attorney General; Matadeen Vs. Pointu [199......erved that the question of status of the accused as a child and the jurisdiction of the tribunal was not raised before the trial Court and that the plea of jurisdiction had to be taken at the initial stage of the proceeding, so that the Bishesh Adalat would have been able to examine him to ascertain......e question of status of the accused as a child and the jurisdiction of the tribunal was not raised before the trial Court and that the plea of jurisdiction had to be taken at the initial stage of the proceeding, so that the Bishesh Adalat would have been able to examine him to ascertain his status. ..Category: Criminal Law | Date: | Hits: 128
Shahadat Hossen Vs. State, 2011, 40 CLC (HCD)
....and other relevant documents annexed to the application for bail together with the impugned order. 6. On perusal of the FIR it appears that the FIR was lodged by a private individual person not by any officer according to the provision under section 27 of the Special Powers Act, accordingly the s......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... drawing our attention to the FIR submits that since the FIR was lodged without complying the provision as laid down under section 27 of the Special Powers Act and initiation of the impugned criminal proceeding is illegal and without jurisdiction and the appellant has got fair chance of acquittal in..Category: Criminal Law | Date: | Hits: 41
Shakainath Mohanta Vs. Md. Tatikuddin Mondal and others, 1999, 28 CLC (HCD)
....ts and circumstances of the case and the evidence on record, it cannot be said that the petitioner had earlier knowledge about the death of deceased defendant No.17 Nur Mohammad and the plaintiff had any laches and negligence in praying for substitution of the heirs of deceased defendant Nur Mohamma......hin 6 months from date of the receipt of this order. Communicate the order of the Court to the learned Subordinate Judge, Noagaon at once. Ed. This Case is also Reported in: 52 DLR (2000) 541....... Mohammad is found to be based on no concrete facts and sound reasonings and consequently the void finding is set aside in the interest of justice. 12. Abatement on the death of a party to a legal proceeding follows automatically unless his heirs and heiresses are substituted within the prescribe..Category: Property Law | Date: | Hits: 73
Foto Fast Color Lab Vs. Bangladesh & others, 2000, 29 CLC (HCD)
.... 5-6-96 made by the respondent No.6 asking the petitioner to deposit Taka 1,98,3 16.00 in addition to the actual amount of VAT already paid should not be declared to have been issued and made without any lawful authority and of no legal effect. 2. The petitioner stated, inter alia, that he is a b......r could agitate his grievance before the appellate authority on filing the appeal in time and as such could not be allowed to re-open the thing which has been fought unsuccessfully upto the appellate stage. 5. The petitioner has asserted that he has obtained a licence from the Dhaka Municipal Cor......ed enterprise and as such the claim of Taka 1,98,316.00 must be held apparently to be of no factual basis. 10. In that view of the matter we are of the definite view that the respondents, prior to proceeding against the petitioner, should have issued a show cause notice and held enquiry affording..Category: Fiscal/Taxation Law | Date: | Hits: 139
Tarique Rahman Vs. Director General, Bureau of Anti-Corruption, 1999, 28 CLC (HCD)
....the Anti-Corruption Act, 1957 provides that when the Government, on receipt of information and after making such enquiries as it may deem, necessary, is satisfied that there is reason to believe that any person or any other person on his behalf is in possession of pecuniary resources or property dis......to proceed is found out, the recipient of the notice is let off and if materials are available, on completion of investigation a charge sheet is submitted and the person is put on trial. At the trial stage a formal charge is framed and accordingly the accused gets an opportunity to refute the charge......have in mind that it is very unusual for there to be a judicial determination of the question whether there is a prima facie case. Every public officer who has to decide whether to prosecute or raise proceedings ought first to decide whether there is a prima facie case but no one supposes that justi..Category: Criminal Law | Date: | Hits: 69
.... the same. Their further case is that, they are prior adopter and user of the mark and because of long use of the mark by the respondent the mark became distinctive of the goods of the respondent and any use of the appellant would create confusion in the minds of the public. Their further case is th......ory. Drawing our attention to Article 6 of the text of the Convention Mr. Huda submits that the right of the respondent may be protected.
7. Syed Ishtiaq Ahmed, the learned Counsel, at the initial stage raised an objection that the respondent cannot be construed as a person aggrieved to raise any......ind no force in the argument advanced by Mr. Nazmul Huda. Syed Ishtiaq Ahmed, the learned Counsel appearing on behalf of the appellant, raised a question whether a foreigner can bring a rectification proceeding in this country before his production is registered. Admittedly, the respondent’s trade..
Category: Intellectual Property Law | Date: | Hits: 319
Agrani Bank Vs. W Rahman Jute Mills Ltd. and ors., 1998, 27 CLC (HCD)
....as been done in the present case. It is well settled that Artha Rin Adalat is not an ordinary civil Court but it is a civil Court of defined nature and the provisions of the Code are not available to any party. Some of the defined provision are available to the aggrieved party. Here in the present c...... may be made to the decisions reported in 14 BLD (AD) 196 and 18 BLD 291. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 235. ......Artha Rin Adalat No.1, Dhaka and renumbered as Money Suit No.42 of 1994 which was decreed. Thereafter the Decree was put into execution in Money decree Execution case No.44 of 1997. In that execution proceeding opposite party No.1 appeared and filed an application for stay of all further proceedings..Category: Civil Law | Date: | Hits: 108
Abdur Rahim Chowdhury Vs. Bangladesh Bank, Dhaka and others, 1997, 26 CLC (HCD)
....as to why Memo No. BRPD (P) 651/9(1)/96-831 dated 22-12-96 (Annexure-A) issued by the respondent Nos. 1 and 2 under the signature of respondent No.3 should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The petitioner in this writ petition has impug......erest of the public or depositors. This petition is directed against the impugned order suspending the petitioner under proviso to section 46(2) of the Banking Company Act. It may be relevant at this stage to quote section 46 of Banking Company Act, 1991. “৪৬। ব্যাংক-কোম......n the prayer of the petitioner let the operation of the order be stayed for 4 days to enable the petitioner to move the Appellate Division. Ed. This Case is also Reported in: 51 DLR (1999) 231. ..Category: Employment/Service Law | Date: | Hits: 79
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