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Salauddin Jamil Vs. Amjad Ali Khan and another, 2004, 33 CLC (HCD)
....urchased 1/6th share of the land at Taka 5,37,941.00 and one garage at Taka 1,00,000.00. After adjustment, the petitioner owed to said opposite party Taka 9,70,238.00. 4. The dispute regarding the claim of said opposite party was first referred to two arbitrators as per arbitration clause No. 18 ......cted an objection to the award filed in Court. 2. It is stated that on 29‑11‑2000 opposite party No. 1 made an application under section 14(2) read with section 17 of the Arbitration Act, 1940 for an order directing upon the Umpire to file his award dated 22‑8‑2000 in Court. The applicati...... with cost. Order of stay granted at the time of issue of file Rule on 19‑1‑2001 is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 87. ..Category: Alternative Dispute Resolution | Date: | Hits: 161
Jalal Uddin and others Vs. State, 2003, 32 CLC (HCD)
....ence may not be left out of consideration only on the ground that medical certificate on this behalf has not been brought on record by not examining the concerned doctor. Added with this, lie further claimed that non-examination of independent/disinterested witnesses should not be the barrier for ge...... Case No. 208 of 1995 arising, out of GR No. 43(2)95 corresponding to Kotwali PS Case 30(1)95, convicting them (appellants) under sections 302/34 of the Penal Code and sentencing them to imprisonment for life and also to pay a fine of Taka 5,000, in default to suffer rigorous imprisonment for one mo......under. 2. The prosecution case, in brief, is that Solema, the step‑sister of the informant, was married with accused-appellant Helaluddin with whom a civil case took, place over payment of Mohor money and maintenance for which accused Helal along with his two other brothers (appellants) tried t..Category: Criminal Law | Date: | Hits: 28
Dulal Mia (Md) Vs. State, 2003, 32 CLC (HCD)
....ed-appellant with injuries. She then said that she gave a cow after marriage to the accused-appellant, but the latter demanded Taka 10,000 as dowry out of which she paid Taka 2,000. This PW further claimed that while she went to the place of occurrence house, the accused reported that the deceased......d against the judgment and order, dated 30‑3‑1995, passed by the learned Sessions Judge, Netrakona, convicting the appellant under section 302 of the Penal Code and sentencing him to imprisonment for life and also to pay a fine of Taka 1,000 in default to suffer rigorous imprisonment for one mon......date. In cross, she said that she found the mother-in-law of the deceased Fultara (one of the accused) to weep, but no one else was found to weep. She frankly admitted that her mother did not pay the money through her. 14. PW 5, a neighbour of the mother of the deceased, claimed that he purchased..Category: Criminal Law | Date: | Hits: 88
Standard Bank Ltd. Vs. Tripos Engineering & Trading Company (GD) and others, 2003, 32 CLC (HCD)
....oner bank has already made payment of bulk of the proceeds under the letters of credit. Now, after obtaining the Rule and by filing an affidavit-in-reply sworn on 11‑11‑2003 the petitioner bank claims that it came to know in July 2002 in the course of an inquiry by its official that there was ......C) 389; SS Khanna vs. FJ Dillon, AIR 1964 SC 497; Vidya Vati vs. Devi Das, AIR 1997 SC 397; Zyta Garments Limited vs. Union Bank Limited, 55 DLR (AD) 56; Gooryolny (Bd) Textile Limited vs. Chartkan Information Textile Limited and others, 54 DLR (AD) 70; Tanni Knit Wear Limited vs. DGM, Sonali Bank a......is directed to make the payment under the letters of credit in question to the Premier Bank without any further delay. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 55...Category: Civil Law | Date: | Hits: 100
Noor Mohammad Vs. Md. Noor Hossain & another, 2002, 31 CLC (HCD)
....eging that the suit land belonged to Dhaka City Corporation and the 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 th......not be set aside. 2. The petitioner as plaintiff instituted Title Suit No. 49 of 1998 in the Court of the Assistant Judge, 6th Court, Dhaka impleading the Opposite Party No. 1 as defendant praying for a decree for ejectment of the said defendant from the suit premises. The suit was subsequently t...... Title Suit No. 238 of 2000 now pending in the Court of the 4th Additional Assistant Judge, Dhaka is vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 53. ..Category: Tenancy Law | Date: | Hits: 171
Quazi Faruque Ahmed Vs. M. A. Wadud and others, 2010, 39 CLC (AD)
....ularly the expressions "former President and former Chairman of the Governing Body of PROSHIKA" are expunged, the petitioner will be highly prejudiced at the disposal of the suit since the petitioner claims that he is still holding the office of Chairman of the Governing Body of PROSHIKA. 6. Sinc......-For the Petitioner. Abdul Baset Majumder, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent Nos.1-4. Not Represented-Respondent Nos.5-7. Civil Petition for Leave to Appeal No.1697 of 2009. (From the judgment and order dated 11.8.2009 passed by the H......emporary injunction under Order 39 Rules 1 and 2 of Code of Civil Procedure restraining the respondents from disturbing him in his peaceful holding in the office of the Chairman and also from drawing money from the account of PROSHIKA till disposal of the suit. The learned Assistant Judge upon heari..Category: Civil Law | Date: | Hits: 75
Government of Bangladesh Vs. A.B.M. Siddique Mia, 2010, 39 CLC (AD)
....e since the respondent moved the petition without there being any decision by the higher administrative authority relating to the terms and conditions of his service. It was further asserted that his claim that he was till in service was not acceptable, inasmuch as, after tendering resignation on 18......if preserved, along with the particulars of his service period and secondly, whether in the absence of special circumstances determined by the government the respondent's continuous absence from duty for more than five years the Administrative Appellate Tribunal is justified, in treating him to be s......ore, merit in this appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 460, 8 LG (AD) (2011) 6, IX ADC (2012) 201. ..Category: Administrative Law | Date: | Hits: 229
Shah Newaz (Md.) and others Vs. Shah Wali and another, 2001, 30 CLC (HCD)
.... the Administrator of Waqfs; that both the Courts below failed to consider that sections 40, 81 and 102 of the Waqfs Ordinance of 1962 were not attracted in the instant case and the plaintiff did not claim any relief against any order of the Mutwalli or Administrator of Waqfs and, as such, the impug......oth the Courts below failed to weigh the nature and character of the suit in the facts and circumstances of the case and committed error in holding that the jurisdiction of the Civil Court was ousted for mere presence of alternative machinery, namely, the Administrator of Waqfs; that both the Courts......end down the original case records at once with a copy of this judgment to the learned District Judge, Dhaka for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)375...Category: Trust/Waqf Law | Date: | Hits: 187
Ali Hossain (Md) and Other Vs. State, 2000, 29 CLC (HCD)
....ng out of Motijheel PS Case No.70 dated 13-1-87 to answer charges under sections 409/468/471/109 of the Penal Code read with section 5(2) of Act II of 1947 to which the accused pleaded not guilty and claimed to be tried. 5. At the trial the prosecution examined as many as 13 witnesses and exhibit...... and order dated 8-7-1996 passed by the Division Special Case No.60 of 1994 convicting accused-appellants Md. Ali Hossain and Tara Mia and absconding co accused Md. Siddiqur Rahman Bhuiyan and Md. Lutfor Rahman Bakshi under section 468 of the Penal Code and sentencing them thereunder to suffer Rigor......h the above noted LA case. Subsequently, when he was called at the office of the ADC, Narayanganj to be appraised of the foul play resorted to by accused Md. Ali Hossain in obtaining the compensation money by impersonating himself as Haji Asgar Ali, he became aware of the whole game played by accuse..Category: Criminal Law | Date: | Hits: 40
Moinuddin Ahmed alias Farook Vs. Khursheda Begum and others, 2001, 30 CLC (HCD)
.... Alimuddin through his first wife, contested the suit challenging the very will not to speak of one-third share of the surplus property of late Alimuddin. So, in the present case the plaintiff cannot claim more than one-third share of the property mentioned in Ka and Kha schedules of the plaint by d......a in Title Appeal No. 104 of 1998 reversing the judgment and decree dated 16-2-98 passed by the learned Additional Assistant Judge, Second Court, Dhaka in Title Suit No. 96 of 1995. 2. Brief facts for disposal of the Rule are that the opposite-party No. 1, as plaintiff, instituted the above Title......at the late Alimuddin was suffering from lung cancer and before his death on 17-3-79 in Dhaka Medical College Hospital, he stayed at Dhaka for a long time and that defendant Nos. 1-4 expended all the money for his treatment and that late Alimuddin, due to illness, lost his mental balance and accordi..Category: Property Law | Date: | Hits: 32
Khulna Newsprint Mills Limited Vs. Chairman, Labour Court, 1999, 28 CLC (HCD)
....aining agent or any employer or workman may apply to the Labour Court for the enforcement of any right guaranteed or secured to it or him by or under any law or any award or settlement”. 12. The claim of the petitioner is that his year of birth is not 1936 but 1942. And that is purely question ......hairman, Khulna Labour Court, in IRO case No.5 of 1993 (Annexure-E to the petition) should not be declared to have been made without any lawful authority and of no legal effect. 2. Facts necessary for the disposal of the Rule, in brief, are that the respondent No. 2 Tofail Ahmed filed IRO case No......impugned judgment and order passed by that Labour Court is set aside without any order as to costs. Let the LC Records be sent down Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 271...Category: Labour and Industrial Law | Date: | Hits: 117
Ganesh Chandra Das Vs. Arati Acharjya, 2001, 30 CLC (HCD)
....d down the original records at once with a copy of this judgment to the learned District Judge, Chittagong for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)348. ......eal No. 46 of 1994 affirming the judgment and decree passed by Mr. Md. Golam Sarwar, learned Assistant Judge, Additional Court No. 3 Chittagong in paribarik Money Suit No. 6 of 1993 allow maintenance for the wife and 3 children, should be set aside. 2. The Revisional application was flied mainly ......d down the original records at once with a copy of this judgment to the learned District Judge, Chittagong for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)348. ..Category: Family Law | Date: | Hits: 186
Mirza Abdul Bari Beg and Others Vs. Zahidannessa and others, 2001, 30 CLC (HCD)
.... section 6 of the Ordinance had no manner of application. Needless, to say that a homestead and huts are not always the same. Moreover, the petitioners failed to produce any evidence to support their claim that there was any homestead on the land at the time the final decree was passed. The possibil......n application under section 115 of the Code of Civil Procedure against order dated 10-9-2000 passed by Senior Assistant Judge at Sadar in Rangpur Other Execution Case No. 2 of 1997. 2. Short facts for disposal of the Rule are on 13-5-81 opposite party No.1 and the predecessor of opposite party No......d. The executing Court is directed to proceed with the execution by issuing again the writ for delivery of possession to the decree-holders. Ed. This Case is also Reported in: 54 DLR (2002)344. ..Category: Property Law | Date: | Hits: 29
Pubali Bank Ltd. Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
....rties again prayed for time and the petitioner having opposed the said prayer, the court disallowing the said prayer as heard the suit ex parte wherein the plaintiff examined PW 1 in support of their claim and the learned Subordinate Judge having found that the case of the plaintiff had been proved ......ate Judge, Artha Rin Adalat, Narayanganj in Bandhaki Case No. 93 of 1992 by which the ex parte decree passed on 16-3-93 in the said suit, was set aside. 2. The petitioner, as plaintiff, filed the aforesaid suit against the defendant opposite parties praying for realisation of Taka 1,29,51,161,40 ...... cost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 340...Category: Civil Law | Date: | Hits: 93
Shamsul Haque (Md) Vs. State, 1999, 28 CLC (HCD)
.... 376/114 of the Penal Code under Special Powers Act before the learned Additional Sessions cum Special Tribunal Judge, Jamalpur in the aforesaid case. The accused pleaded not guilty to the charge and claimed to be tried. 4. The defence case, as it appears from the trend of cross-examination, is t...... arising out of Jamalpur PS Case No. 4 dated 10-11-89 corresponding to GR Case No.151(2)/1989 convicting and sentencing the accused under section 376 of the Penal Code to suffer rigorous imprisonment for 10 years with a fine of Taka 1,000.00 in default to suffer Rigorous Imprisonment for a further p......violated his daughter Sanwara Begum against her will. He also stated that on the next day when his daughter was crying for returning home, they allured her on various pretexts of giving cosmetics and money and stopped her from returning home and requested her not to divulge the incident to anybody. ..Category: Criminal Law | Date: | Hits: 32
Delwar Hossain Khan Vs. Alhaj Rustum Ali & others, 2001, 30 CLC (HCD)
....n record, learned Subordinate Judge held that opposite parties were in possession of the land before they were dispossessed on 5-11-1994 in execution, and that they were not judgment debtors nor they claimed through the judgment debtors. Upon such findings, the executing Court allowed the applicatio......ite party Nos. 1 to 9 in the earlier Rule made an application under Order XXI rules 100 and 101 of the Code of Civil Procedure in the Second Court of Subordinate Judge at Dhaka against the petitioner for restoration of possession of 13 decimals of land of plot No. 447 comprising of municipal holding......lled and vacated. The executing Court is directed to take steps for expeditious restoration of possession to the claimants. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 328. ..Category: Property Law | Date: | Hits: 26
Kajemuddin Miah (Md) Vs. Bangladesh and others, 1999, 28 CLC (HCD)
....erefore, we are not in agreement with the statement made by the learned Deputy Attorney-General that the diluviated land vest absolutely in the Government at the point of diluvion. The Government can claim title and interest in the land diluviated after re-appearance. It cannot claim vesting under t......96 Mouza Kartickpur within PS Dohar, district Dhaka. The petitioner filed a Civil suit being Title Suit No.19 of 1984 in the Court of Assistant Judge Dohar, Dhaka against Nuni Gopal Gopini and others for specific performance of Contract and the said suit was decreed in favour of the petitioner on 3-......ting to treat all lands diluviated prior to 13th July, 1994 to have vested in the Government. There shall be no order as to cots. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 240. ..Category: Property Law | Date: | Hits: 68
....as such, it has acquired a monopoly right over the said trade mark. To protect the said right it filed an application for registration of the same on 8-5-96 before the Registrar of Trade Marks, Dhaka claiming itself the user of the mark since 1987. The learned Registrar allotted him serial No. 46773......Md. Neamat Hossain, Advocate—For the Opposite Party No. 1.
Trade Mark Application No. 1 of 2000.
Judgment
KM Hasan J .-This is an application under section 46 of the Trade Marks Act, 1940 for rectification of the Register of Trade Marks by removal of the registered trade mark No. 46773 i...... Trade Marks in favour of the opposite party No. 1 is expunged from the register of Trade Marks. Let the register be rectified accordingly.
Ed.
This Case is also Reported in: 54 DLR (2002) 294.
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Category: Intellectual Property Law | Date: | Hits: 167
....e conviction and sentence, a special martial law court passed on him on 20th March 2006, set aside.
2. Although the relief the petitioner asked for, is simple, the grounds on which he erected his claim to the aspired relief, invoke an issue of immense Constitutional importance, questioning the v...... R -v- Hampden, 1637 3St Tr 825, Jamat-e-Islami –vs- Federation of Pakistan, PLD 2009 SC 549, Pickin-v-British Railway Board, 1974 AC 765, Dr. Bonham’s case, 1610 8 Co Rep 114a, Dred Scott-v- Sandford, 60 US at 93, 405 1857, also 19 Howard 393 1857, Hodges –v-United States 203 US 1 1906, Butts......gh, causing a boom in Pakistan’s economy. The Eastern part, however, hardly gained much from this jute oriented affluence. Enormous development projects were undertaken in the Western part with the money jute fetched, while the people in the Eastern part kept regressing towards poverty. At that ju..
Category: Constitutional Law | Date: | Hits: 482
Shan Hosiery Vs. Bangladesh Jatiya Shamabaya Shilpa Samity Ltd and others, 2002, 31 CLC (HCD)
.... as per terms of the contract, whereupon the plaintiff was constrained to institute Money Suit No. 19 of 1998 in 5th Court of Subordinate Judge at Dhaka against the defendants for recovery of a total claim of Taka 61,64,470.67. Without refunding the security money, the defendants started holding out......s obtained by the plaintiff against the order of Subordinate Judge, Second Court at Dhaka dated 13-8-2000 passed in Title Suit No. 57 of 2000, which rejected the plaint while disposing an application for temporary injunction. 2. The plaintiff on or about 1-3-2000 instituted the suit against defen......resettled rate of rent of Taka 30,001 and on further deposit of Taka 90,610. It was also stipulated that in case the plaintiff did not renew the lease further the defendants would refund the security money and on their failure to refund said money, the plaintiff would be entitled to continue as such..Category: Property Law | Date: | Hits: 31
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