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Akhteruzzaman Chowdhury Vs. Hamidul Huq, MD, UCBL and another, 2003, 32 CLC (HCD)
....pt of Court for dishonoring, disregarding and non compliance of the direction given in the judgment and order passed 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 se......ne amounting to Taka 2000 to be paid within one month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73.......ter and it is well settled that this power should be used sparingly in an extraordinary situation which warrants intervention from this court. I have also not lost sight of the fact that the contempt proceeding is a quasi‑criminal proceeding and like any other criminal proceeding the contemners ar..Category: Banking Law | Date: | Hits: 158
Standard Bank Ltd. Vs. Tripos Engineering & Trading Company (GD) and others, 2003, 32 CLC (HCD)
....ision (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Standard Bank Ltd…………………Petitioner Vs. Tripos Engineering & Trading Company (GD) and others ...................Opposite Parties Judgment November 16, 2003. Cases ......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....... a suit, but in ascertaining the limits of the jurisdiction of the High Court, there would no warrant of equating it with a suit alone ... .... .... To interpret the expression 'case' as an entire proceeding only and not a part of a proceeding would be to impose a restriction upon the exercise of..Category: Civil Law | Date: | Hits: 100
Noor Mohammad Vs. Md. Noor Hossain & another, 2002, 31 CLC (HCD)
.... impugned order was passed on an off date without serving copy of the application for addition of party on the plaintiff. The learned Advocate further submits that the impugned order does not contain any reason. 7. Dr. Kazi Aktar Hamid, the learned Advocate for the opposite party No. 2, has filed......uit premises under the plaintiff shall be decided at the time of trial, of the suit on taking evidence. The plea of the defendant that he is not a tenant under the plaintiff cannot be decided at this stage. The defendant filed an application for addition of Dhaka City Corporation as defendant in the...... of party is hereby set aside. The impugned order dated 10‑2‑2000 has therefore become in fructuous. In the facts of the case I do not make any order as to costs. The order to stay all further proceedings of Title Suit No. 238 of 2000 now pending in the Court of the 4th Additional Assistant J..Category: Tenancy Law | Date: | Hits: 171
Government of Bangladesh Vs. A.B.M. Siddique Mia, 2010, 39 CLC (AD)
.... seers of rice and 668 mds 29 seers of wheat in or around mid 1971. The respondent thereupon without defending the charges tendered resignation from his service on 18th October, 1971. He did not make any enquiry as regards his application for resignation or keep any touch with his office wherefrom h......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. ......ment the respondent's continuous absence from duty for more than five years the Administrative Appellate Tribunal is justified, in treating him to be still in government service. 2. A departmental proceeding was initiated against the respondent for misappropriation of 339 mds 12 seers of rice and..Category: Administrative Law | Date: | Hits: 229
Ali Hossain (Md) and Other Vs. State, 2000, 29 CLC (HCD)
.... withdrawn from the account by false personation. Ultimately, it transpired that the real Haji Asgar Ali did not open savings account No.5131 at the Corporate Branch of Janata Bank nor did be deposit any cheque therein. The accused persons, in collusion with each other, falsely passed accused Md. Al...... as practicable and must ensure are that it does not go by lapse, inaction or inertia. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 282. ...... state in no uncertain terms that a sentence of fine imposed upon an accused is recoverable from him under the provisions of the Code of Criminal Procedure. Fine imposed upon an accused in a criminal proceeding is of the nature of a financial punishment as distinguished from physical punishment and ..Category: Criminal Law | Date: | Hits: 40
Nurul Islam Manzoor Vs. State, 2000, 29 CLC (HCD)
....isions of this Code relating to bail, remand the accused to custody during, and until the conclusion of, the trial; (c) Send to that Court the record of the case and the documents and articles, if any, which are to be produced in evidence; (d) Notify the public prosecutor of the transfer of th......cer of the case. When from the original statements recorded under section 161 of the Code of Criminal Procedure, it appears that those bear the signature of the Investigating Officer himself, at this stage, there is no other material before this Court to arrive at a decision that some of those were ......ecord of the case and the documents submitted therewith, and after hearing the submission of the accused and the prosecution in this behalf, the Court considers that there is no sufficient ground for proceeding against the accused, it shall discharge the accused and record the reasons for so doing. ..Category: Criminal Law | Date: | Hits: 45
Amir Hossain Bhuiya (Md) Vs. Harisul Haq Bhuiya and others, 1999, 28 CLC (HCD)
....and Hospital get their salary from the fund of the factory. In the elections held previously the aforesaid categories of persons were on the voters list and they participated in the elections without any objection from any quarter. It is further asserted by the opposite parties in the written statem......f receipt of the lower court records. Stay granted earlier by this Court is in vacated. Send down the lower Court records at once Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 267.......e or reward either directly or through a contractor to do any skilled, unskilled, manual, technical or clerical work whether the terms of employment be expressed or implied and for the purpose of any proceeding under this Ordinance in relation to an industrial dispute includes a person who has been ..Category: Labour and Industrial Law | Date: | Hits: 99
Mirza Abdul Bari Beg and Others Vs. Zahidannessa and others, 2001, 30 CLC (HCD)
....n also the petitioners raised the very same objection in Civil Revision No. 2151 of 1998 against execution and this Division rejected such objection on the ground that the petitioners never stated in any applications before the execution Court that they had got any homestead in the land allotted to ......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. ......to execution in Other Execution Case No. 2 of 1997 for possession of the share as allotted. 3. On 6-1-98 the petitioners made an application under section 151 of the Code for stay of the execution proceedings and the said application was rejected on 24-5-98 by the execution Court, against the ord..Category: Property Law | Date: | Hits: 29
Abdul Muhit and others Vs. Social Investment Bank Limited (SIBL) and others, 2001, 30 CLC (HCD)
....l Investment Bank Limited (SIBL) and others……………………………Respondents Judgment December 11, 2001. Cases Referred To- British India Corporation vs. Robert Menzies, Company Cases 1936 Vol. VI page 250; the General Insurance Limited, AIR 1956 Vol. 43 page 61; SCMR 62; A......the petitioner is the Civil Court and not this Court. In view of the above, these applications are rejected without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 306.......tion No. 72 of 2001 against the respondents for violating the order of stay dated 21-6-2001 and Rules were issued directing the Chairman and Managing Director of SIBL to show cause as to why contempt proceedings should not be drawn up against them (Annexure K, K-1, K-2 and K-3). 8. The respondent..Category: Company Law | Date: | Hits: 208
....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-v-Merchant and Mines Transportation Company, 230 US 126, 1913, Lochner-v- New York, 198 US 45 1905, Roe-Vs-Wade, 410 US 113 1973, Doe –v......lunt weapon and the death was homicidal in nature.
9. A Sub-Inspector at Kotwali PS subsequently lodged a fresh FIR on 24th December 1984, citing Section 302 of the Penal Code and the case at that stage received it’s latest number.
10. Two different Sub-Inspectors of the Kotwali Police Stati......red to have been validly made and shall not be called in question in or before any court, tribunal or authority on any ground whatsoever.
(2) All orders made, acts and things done, and actions and proceedings taken, or purported to have been made, done or taken, by the President or the Chief Mart..
Category: Constitutional Law | Date: | Hits: 482
Shan Hosiery Vs. Bangladesh Jatiya Shamabaya Shilpa Samity Ltd and others, 2002, 31 CLC (HCD)
.... premises. 4. In the aforesaid premises, the plaintiff also made an application under Order XXXIX rule 1 of the Code for an order of temporary injunction for restraining the defendants from making any construction, and thereby bringing in any change in the nature and character of the suit premise......th the suit in accordance with law. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 291.......ossession. 13. No such affidavit appears to have been produced before the Court below. Nor the defendants could produce the affidavit before us. Moreover, even if such statement made in a separate proceeding is taken on its face value that does not say that the plaintiff admitted thereby to have ..Category: Property Law | Date: | Hits: 31
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
....on by filing a written objection denying the case of the preemptors. 3. Then on 25-4-2000 the petitioner made an application for an order for hearing on the valuation of the preemption case before any hearing of the preemption application. In the application, it is asserted that the price of the ...... this Rule is discharged. No order as to costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 285.......reemption application. The application was seriously opposed by the pre-emptors. 4. The application was heard on 4-5-2000 and rejected by the trial Court being of the view that in the frame of the proceeding, there was no scope for the Court to hear and decide on the valuation of the proceeding e..Category: Property Law | Date: | Hits: 28
....T is required to raise a demand in the prescribed form upon the assessee specifying the amount of tax payable but no such demand having been raised in this case, the petitioner is not required to pay any tax. He further submits that although section 28 of the Act empowers the DCT to assess or reasse......and in that view of the matter cannot get any refund.
In the result, the Rule is discharged without however any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 230.
......t order. The taxing authority asked the assessee to produce their books of account to enable it to make assessment for the year 1959-60. The assessee challenged that order as illegal. Ultimately, the proceeding was closed. So there was no assessment, nor was there any return filed by the assessee fi..
Category: Fiscal/Taxation Law | Date: | Hits: 69
Ramesh Chandra Chowdhury @ Das Vs. Naresh Chandra Das @ Chowdhury, 1999, 28 CLC (HCD)
....f the Evidence Act provides that the court shall presume a power-of-attorney to have been properly executed if such power-of-attorney is executed before and authenticated by a Notary Public, a Judge, any Court, Magistrate, Bangladesh consul or vice consul representative of the Government. The power-......referred Title Appeal No.20 of 1994 before the Court of the learned District Judge, Narshingdi. The appeal was transferred to the Court of the learned Subordinate Judge for disposal. During appellate stage the appellant filed an application under Order 41 rule 27 read with section 151 of the Code of......e of the Rule. 1 do not find any reason to condone the inordinate delay after so many years. 8. In the result this Rule is discharged without any order as to cost. The order of stay of all further proceeding of Title Appeal No.20 of 1994 pending in the Court of the learned Subordinate Judge, Nars..Category: Property Law | Date: | Hits: 39
Tofazzal Hossain (Md) and others Vs. Momtaz Begum & others, 1999, 28 CLC (HCD)
....further found that on fraudulent suppression of material facts and all legal processes the pre-emptees obtained an order of mutation in their favour and, as such, this fraudulent exercise does not in any way affect the pre-emptors right of pre emption. 6. Being aggrieved by the aforesaid judgment......turia in Miscellaneous (Pre-emption). No.5 of 1995 allowing pre-emption are affirmed. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 223.......on case. The parties thus had full view and complete knowledge of the case records of Mutation Case No.68 of 1990-91 and they led evidence in the case with reference to the facts of the said mutation proceedings. It is found from the evidence of the pre-emptor appearing as P.W.1 that she clearly sta..Category: Property Law | Date: | Hits: 31
Shah Alam (Md.) Vs. Abul Kalam and others, 2001, 30 CLC (HCD)
....iullah, father-in-law of the purchaser, and the “Tadbirkar” of the present case, received summons in the house of the purchaser. The purchaser is a stranger to the holding and he has not suffered any loss for the ex parte order allowing preemption. On 6-6-98 the preemptors got delivery of posses......o say that an ex parte decree or order passed against a party becomes final and binding upon him after the period of limitation. 16. The submission as to objection against authorisation at initial stage has got no substance. It is Umme Kulsum who made her application on due authorisation. It is n......at the summons of preemption case was not duly served. 8. Opposing the Rule, Mr. Salahuddin, learned Advocate for the purchaser, submits that objection as raised in revision on incompetence of the proceedings was never raised before the trial Court and such objection therefore does not deserve to..Category: Limitation Law | Date: | Hits: 175
Anil Kumar Ghosh Vs. Shamir Kumar Ghosh, 2001, 30 CLC (HCD)
....aka under application No. 34733 in class 29 on the 15th of March, 1992. The application was duly advertised in the Journal No. 171 for the month of March and April, 1995. There was no opposition from any quarter. The mark proceeded to smooth registration and it was registered on 24-2-98 Annexure-A. ......gistered prior to others. Since the three trade marks resembles each other so much, the Registrar, Trade Mark ought not to have registered the trade marks of both the opposite parties. 19. At this stage, it may be taken into consideration section 6(d) of the Trade Marks Act, by which the name of ......or 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 Gawa Ghee” tog..Category: Intellectual Property Law | Date: | Hits: 200
Protima Sen and others Vs. Chitra Rani Dey and another, 1999, 28 CLC (HCD)
....…………………...Petitioners Vs. Chitra Rani Dey and another…………………...Opposite Parties Judgment August 24, 1999. Result: The Rule is made absolute without any order as to cost. Section 4 of the Partition Act was enacted to afford a special opportunity......rs, the plaintiffs, did not inherit anything in it and consequently the suit is liable to be dismissed. 4. On the above-noted pleadings of the parties the suit proceeded and ultimately reached the stage of peremptory hearing when both the parties adduced evidence in support of their respective ca......of the order of the Court. Communicate the order to the learned Court below immediately for his information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 218. ..Category: Property Law | Date: | Hits: 42
Kalandiar Kabir Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....s to why the detenu Shahriar Kabir now detained in Dhaka Central Jail, should not be brought before this Court so that it may satisfy itself that he is not being held in custody illegally and without any lawful authority. 2. Mr. M Amirul Islam appeared on behalf of the petitioner, he has challeng......ge in any activities as referred to above. So, according to us, in spite of omission of clause (g), the authority had the scope to detain the detenu, on the ground as mentioned in Annexure J. At that stage, obviously, no proof of future participation was necessary. This aspect was taken into conside...... detention is to prevent a person on a mere suspicion that some crime had been done and the same would be repeated and is not a question of proving an allegation by evidence which must be done when a proceeding is drawn under the Penal Code.” 7. Mr. Islam has also argued that the detention was ..Category: Constitutional Law | Date: | Hits: 195
Mahbubul Huq (Md) Vs. Md. A Kader Munshi & others, 1999, 18 CLC (HCD)
....efore the Appellate Division in a separate paper book at the time of hearing of the leave petition, but the Hon’ble Appellate Division has neither referred the said Paper Book nor discussed or gave any findings on those papers in its judgment and order dated 21-8-97 rejecting the Leave Petition. I......e plaint against the defendant-petitioner and others and, as such, the plaintiff needs an opportunity to prove the same by adducing evidence in the case. It cannot be rejected outright at the primary stage of the suit on an application under Order 7 rule 11(d) of the Code. This submission of the lea......on of law and facts, those cannot be decided on such an application under Order 7, rule 11(d) of the Code on mere reading of the plaint. The provisions of Order 7, rule 11 of the Code being a summary proceeding, such complicated questions of both facts and law, should not be allowed on such applicat..Category: Property Law | Date: | Hits: 64
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