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Nazem Uddin Vs. Election Tribunal and others, 1999, 18 CLC (HCD)
....nd character of the case inasmuch as the prayer having been added contrary to Rule 48, amendment was done illegally and, as such, the impugned order is liable to be declared to have been made without any lawful authority. 4. Mr. AK Azad, the learned Advocate appearing for the respondent No.2 has ......to cost and the stay order 23-3-98 staying further proceeding of case No.1/98 pending before the Election Tribunal is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 189. ......has laid down, inter alia,- “That the election disputes should be settled by the Tribunal within the quickest possible time otherwise the exercise would be meaningless. All the objections in the proceeding may be raised in the appeal from the final decision of the Tribunal. The High Court Divis..Category: Election Law | Date: | Hits: 78
Khorshed Alam (Md) Vs. Subordinate Judge and Artha Rin Adalat No. 1 and others, 2001, 30 CLC (HCD)
....…… Petitioner Vs. Subordinate Judge and Artha Rin Adalat No. 1 and others………………………Respondents Judgment November 27, 2001. Cases Referred To- Lyluri Laxi Subramanyam Vs Batchu Viswanadham AIR 1988 Andhra Pradesh 27; Atash Ali and others Vs Rebati Mohan Sarker ......date. Let a copy of this judgment be served upon Mr. Mahbubul Islam, the Judge-in-Charge (now Joint District Judge) for future guidance. Ed. This Case is also Reported in: 54 DLR (2002) 239. ......efore the subsequent order has caused no injury to anybody. He further submits that this writ petition is not maintainable because the petitioner is not a party either in the suit or in the execution proceeding and he has no legal right in the matter because he has not paid any money or suffered any..Category: Civil Law | Date: | Hits: 76
Abdus Salam Vs. Md. Munshi Rashed Kamal & another, 2002, 31 CLC (HCD)
....titioner on 6-11-2000 being registered with A/D through his lawyer which was received by the accused petitioner on 14-11-2000 and the accused petitioner made a reply to the said notice without having any substance which led the complainant opposite party to institute the aforesaid case against the a...... dates, the complainant-opposite party deposited the same having been persuaded by the accused-petitioner but the facts remain that no positive result reached to the opposite party. Although, at this stage the argument made by the learned Advocate has got no leg to stand on in view of clause (a) to ......oner appeared before the Court and was granted bail. 6. The accused petitioner then preferred this Criminal Miscellaneous Case under section 561A of the Code of Criminal Procedure for quashing the proceeding of the above-mentioned case now pending in the Court of Chief Metropolitan Magistrate, Dh..Category: Criminal Law | Date: | Hits: 62
Elders Ltd. Vs. Sunil Chandra Chowdhury & another, 2002, 31 CLC (HCD)
....ter initial registration of these marks they were renewed for a further period of 15 years with effect from 12-7-96. It is alleged that in the meantime KAS Dairies Ltd. (hereinafter called “the company”) also obtained registration of the similar mark from the Trade Mark Registry being Trade Mark......l proceeding against ‘other related person(s) and others”, that means this attorney has been given the power to initiate any legal proceeding against anybody as their constituted attorney. At one stage of the argument Majumder had drawn our attention to the fact no licensee agreement has been fi......de Mark Application No. 1 of 2001 before this Court and the application was moved on 29-3- 2001 and they also obtained a stay order in respect of the mark of the said company and also stay of further proceeding of the aforesaid Title Suit No. 30 of 2000. This Court in Trade Mark Application No. 1 of..Category: Intellectual Property Law | Date: | Hits: 181
Mafizul Hoq Bebu (Md) Vs. Majida Begum and others, 2001, 30 CLC (HCD)
....rty No. 1 as plaintiff filed Title Suit No. 9 of 1994 in the Second Court of Subordinate Judge, Dhaka for declaration of her title and for further declaration that the defendant No. 1 did not acquire any right, title and possession in the land as described in the schedule ‘Ka’ of the plaint on t......dentification of Mehera Khatun in those deeds. 5. The learned Subordinate, Judge, by the impugned order, rejected the said application holding that the said application has been filed at a belated stage and the issues of the instant case can be decided without taking any opinion of the expert and......e is hereby re-called and vacated. The learned Subordinate Judge is directed to dispose of the suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 219. ..Category: Property Law | Date: | Hits: 28
Jiban Bima Corporation represented by its MD Vs. Md. Mohibul Majid and another, 1999, 28 CLC (HCD)
....the petitioner is not in possession of the suit property, the allegation of violation of the decree does not stand. The learned Assistant Judge further found that since the petitioner has not adduced any evidence for proving wilful violation of the decree of permanent injunction, the petitioner was ...... within 3 months from the date of receipt of the order. Communicate the order to the leaned Assistant Judge, 4th Court, Dhaka at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 186. ......nd the same has resulted in error in the impugned decision occasioning failure of justice. The learned Advocate further submits that since there is no provision for adducing any evidence in execution proceedings under Order 21 rule 32(1) of the Code of Civil Procedure, the learned Assistant Judge er..Category: Procedural Law | Date: | Hits: 79
State Vs. Moslem, 2002, 31 CLC (HCD)
....ate Defence Lawyer- For Condemned Prisoner-Respondent. Death Reference No. 7 of 1999 with Jail Appeal No. 585 of 1999. Judgment AK Badrul Huq J.- Incident of certain crimes like rape and on many occasions followed by murder in extremely brutal, diabolical, revolting and dastardly manner, ac......upon condemned prisoner is maintained and Death Sentence imposed upon him is confirmed. Sentence shall be executed ill accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 116. ......idhan Ain have been enacted to curb crime and to deter perpetuators from commission of crime but the train of crime could not be stopped. Social stability and an order are required to be regulated by proceeding against the offenders and by imposing proper punishment mandated by law. Society's cry fo..Category: Criminal Law | Date: | Hits: 82
....gally in passing the impugned judgment and wrongly placed importance to the handing over of the keys of the Akhra by Rekha Rani Devi wife, of the first party opposite party to receiver without giving any importance to the evidence of possession on record and, as such, the impugned judgment is liable...... this order. Communicate the order to the Courts below.
The application for vacating the order of stay is disposed of accordingly.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 176.
......ath Achari and 1st party opposite party No.1 Sree Khitish Chandra Bhattacharya @ Achri. Thereafter on 22-4-91 Officer-in-Charge Gomostapur PS submitted a report to the Upazila Magistrate to draw up a proceeding under section 145 by the said court as in spite of service of notice under section 154 of..
Category: Criminal Law | Date: | Hits: 32
Sree Sree Goranga Bishnu Priya and others Vs. Afzal Khan and others, 1999, 28 CLC (HCD)
....of the Code of Civil Procedure is applicable when the subsequent Suit is between the Judgment-Debtor and Decree-Holder of the previous suit with respect to the same suit property and the execution of any decree may be stayed till the disposal of the subsequent suit and the learned Subordinate Judge ......de. The application of the plaintiff-opposite party No.1 for staying the proceeding of SCC Execution Case No.1 of 1997 stands rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 172.......hereafter, on 1-6-1997 the plaintiff of the present suit (opposite party No.1) presented an application under the provisions of Order 21 rule 29 of the Code of Civil Procedure for staying all further proceeding of SCC Execution Case No.1 of 1997. The learned Subordinate Judge by his order dated 8-6-..Category: Civil Law | Date: | Hits: 66
Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)
....Ahmed further contends that the Judgment of the appellate Court is not a judgment of reversal inasmuch as the trial Court specifically found that the defendant could not produce agreement, receipt or any other documents nor even any oral evidences by any DWs to prove or to substantiate claim of the ......e case of Pangoti Mangarao Vs. Chinnadi Kisham Rao, reported in AIR 1965 (Andhra) 98, wherein their Lordships observed: “It is beyond the pale of controversy that a suit must be tried in all its stages on the cause of action that had arisen before the institution of the suit. This basic princip......: “No one how high so ever can take the law in his own hands specially when the matter is pending in a court of law. A party altering the status quo existing at the time of filing of the suit or proceeding must be compelled to restore the status quo. Court of appeal below should have decided th..Category: Property Law | Date: | Hits: 33
Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)
.... of Civil Procedure. The District Judge has not arrived at an independent finding but he simply confirmed the finding of the learned Munsif. He further argued that the petitioners are not entitled to any relief in this Rule in view of the concurrent findings of facts by both the Courts below. 8. ......e of Civil Procedure for review of this order of appointment of Advocate Commissioner for recording his evidence. 9. Both the parties admitted this fact. Now the question before this Court at this stage is whether the learned Munsif and also the learned District Judge committed any error of law i......Commissioner executed the commission and submitted his report which has been accepted by the learned Munsif, Admittedly the review petition was filed on 25.9.84 and there was no stay order of further proceeding of the suit or any ad-interim stay of the operation of the orders dated 13.9.84 and 16.9...Category: Procedural Law | Date: | Hits: 95
....n currency equivalent to Taka 10 lacs and local currency of Tk. 14 lacs as loan after compliance of all formalities including mortgage of property and personal guarantee of the Directors of the company. The petitioner's husband after obtaining the loan imported machineries and completed the constr......
Let a copy of this order be communicated to the Superintendent of Dhaka Central jail for compliance.
Syed Fazle Ahmed J. - I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 193.......tate. On the other hand Mr. Wadud Khondker submitted on behalf of the petitioner that the aforesaid observation was on a different context only pointing to the need of early disposal of Shilpa Bank proceeding relating to recovery of loan. In this connection Mr. Khondker also referred to the other ..
Category: Banking Law | Date: | Hits: 151
State Vs. MA Monir & Others, 1987, 16 CLC (HCD)
.... has frankly conceded that the offending publication really and truly answers a contemptuous publication and he cannot justify either the writing or the publication of such a scandalous material in any responsible journal. He has, however, sought the mercy of the Court by pointing out that the new......the writing or the publication of such a scandalous material in any responsible journal. He has, however, sought the mercy of the Court by pointing out that the newspaper was still in its formative stage and considering that it was only 8 days old when the offending publication was published, this......ouble. In that view of the matter, we condone the non-appearance of contemner Nos. 2 and 4. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 183...Category: Criminal Law | Date: | Hits: 35
Harun-or-Rashid Talukder Vs. District Manager, Pubali Bank, Jamalpur, 1988, 17 CLC (HCD)
....983, finding the appellant guilty of gross professional misconduct under Clause (1) of Article 32 of P.O. No.46 of 1972 and suspending him for a period of 8 years and debarring him from practising in any Court or authority in Bangladesh during the period of suspension with immediate effect. 2. ......lant was given the proposal that he was required to pay Tk. 75,000/-, the bank's dues, to the bank by instalment. He needed to pay defendant Kafiluddin the balance of the consideration money. At this stage the appellant agreed to purchase the suit property for Tk. 10,0500/- out of which the bank's....... No.46 of 1972 and suspending him for a period of 8 years and debarring him from practising in any Court or authority in Bangladesh during the period of suspension with immediate effect. 2. The proceeding before the Tribunal was initiated by P.W.1 Md. Liakat Ali Khan, District Manager, Pubal..Category: Others | Date: | Hits: 72
Falu Mia & others Vs. Safar Ali & others, 1988, 17 CLC (HCD)
....dingly, the defendant No. 1 has possessed the suit land for the last 40 years to the exclusion of all co-sharers and has thereby acquired adverse title therein. The plaintiffs are not entitled to get any land on partition. 5. By his judgment and decree dated 13.9.66 the learned Subordinate Judge ......mplete justice, if necessary, even by admitting additional evidence, for, there is no restriction on the powers of this Court to admit such evidence for the non-production of which at the initial stage sufficient ground has been made out. But even so this Court does not, as a rule, undertake an ...... Limitation Act is as follows:- "(2) In computing the period of limitation prescribed for any application, the time during which the applicant has been prosecuting with due diligence another civil proceeding, whether in a Court of first instance or in a Court of appeal, against the same party for..Category: Property Law | Date: | Hits: 29
Asgar Ali & others Vs. Additional Deputy Commissioner, Khulna & others, 1987, 16 CLC (HCD)
....ntered appearance claiming to be one of the tenants contending inter alia, that the plaintiffs are trying to evict him but during the trial he made no contest and the Government also did not make any appearance. 4. The learned Subordinate Judge came to a finding that all the papers availabl...... remand for trial in the light of the observation made herein before. There will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 40 DLR (1988) 157. ......n's case as stated earlier. In Halima Khatoon's case the decision is that if any action of taking over or vesting of a property comes within the mischief of Martial Law Regulation No. VII of 1977 any proceeding seeking to challenge the taking over or vesting of such property shall abate. The furth..Category: Property Law | Date: | Hits: 36
Azimul Kabir (Md) Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....he petitioner before us is a brother-in-law of the detenu. He stated in his writ petition that the detenu comes of a respectable Muslim family. He is an established businessman. He is connected with many educational and social organisations in Chittagong and Dhaka. He is the Joint Secretary of main ......e decisions have fallen to rocks. It will be an exercise in futility if the Government goes on making unsustainable orders and the High Court Division in turn goes on striking them down. It will be wastage of time and resources and will cause erosion not only in the adjudicatory system but also in t......officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189...Category: Criminal Law | Date: | Hits: 45
SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)
....to SA Khatian No.48/1. The preemptor is therefore not a co-sharer in the land transferred by the kabala Exhibit No.8. He accordingly, submits that the learned Additional District Judge did not commit any error in affirming the order of the trial Court in disallowing preemption. He also submits that ......are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ......t No.108 therefrom and revenue was collected on the basis of the new khatian No.18, Prima facie the order was a valid one, its validity could not be challenged for a collateral purpose, that is, in a proceeding of preemption. The Civil Court while dealing, with altogether a different matter cannot i..Category: Property Law | Date: | Hits: 39
Kowsar Chowdhury Vs. Latifa Sultana, 2001, 30 CLC (HCD)
....er cannot be accepted. The Family Courts Ordinance, 1985 has been given an overriding power. Section 3 of this Ordinance provides “the provisions of this Ordinance shall have effect notwithstanding anything contained in any other law for the time being in force.” Section 5 of the Ordinance furth...... the time of issuance of the Rule is hereby vacated. Send a copy of this judgment along with the LC record to the court concerned at once. Ed. This Case is also Reported in: 54 DLR (2002) 175.......n this case it was held that “after coming into force of the Family Courts Ordinance the Criminal Court’s jurisdiction has been ousted in respect of awarding maintenance except in case of pending proceedings.” I have nothing to differ with this above quoted decision. But I differ with the cont..Category: Family Law | Date: | Hits: 186
Wahidul Haque Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....timately decreed on contest on 12-8-1999 declaring petitioner’s title in the suit land and also declaring that the suit land was not vested and non-resident property. The respondents did not prefer any appeal against any of the above judgments of the courts till date. Thus having two judgments in ......bservation made in the body of this judgment. Send copies of this judgment to respondent Nos. 1-5 for proper guidance and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)165....... more than two years on the plea that the concerned Ministry has not yet made a release order by gazette notification, have wilfully flouted the Court’s order which justify initiation of a contempt proceeding. It is clearly stated here again that after the decision of the Courts of law declaring a..Category: Property Law | Date: | Hits: 38
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