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Delwar Hossain Khan Vs. Alhaj Rustum Ali & others, 2001, 30 CLC (HCD)
....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. ......in exercise of the discretion under Order XXI rule 101 of the Code in allowing the applications. In order to appreciate the submissions of the learned Advocates, we should first consider the relevant provisions, Order XXI rules 100 and 101 of the Code, which reads: “100. (1) Where any person ot..Category: Property Law | Date: | Hits: 26
Rice Mill Owners Association Vs. Government of Bangladesh and others , 2002, 31 CLC (HCD)
....n has to be communicated along with the reasons in writing to the applicant and that no application can be cancelled without giving the applicant a reasonable hearing and such provision of hearing is mandatory, inasmuch it has been categorically provided that no application can be cancelled or rejec......deration we have allowed the respondent No. 5 to file an affidavit-in opposition and to contest the Rule. 5. The respondent No. 5 in its affidavit-in opposition contended, amongst others, that the provisions of Trade Organisations Ordinance, 1961 provided that the Director of Trade Organisations ..Category: Civil Law | Date: | Hits: 162
Abdul Muhit and others Vs. Social Investment Bank Limited (SIBL) and others, 2001, 30 CLC (HCD)
....ued in SIBL to move an application under section 233 of the Companies Act, 1994. 15. Mr. Shafique Ahmed, the learned Advocate for the petitioners, submits that section 95 of the Companies Act is a mandatory provision of law. If this is not observed this court under its inherent jurisdiction can i......ies Act the petitioners cannot come to this Court for violation of any provision of the Act. The Company Court has a special company jurisdiction and that jurisdiction has to be found from specific provisions of the Act. Some of the specific provisions giving this court jurisdiction may be found i..Category: Company Law | Date: | Hits: 208
Kajemuddin Miah (Md) Vs. Bangladesh and others, 1999, 28 CLC (HCD)
....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. ......could hold. No substantial charge with regard to this law as to accretion or reformation in situ was brought about by this enactment excepting the law of accretion (which was so long regulated by the provisions of Bengal Regulation XXI of 1825) was made in section 87 of the State Acquisition and Ten..Category: Property Law | Date: | Hits: 68
.... under Rule 23 of the Revised Trade Mark Rules, 1963 is necessary. In the case of Muhammad Saeed Jehangir Vs. Mrs. Sanjida Bano and another reported in PLD 1982 Karachi 263 it is held that Rule 23 is mandatory in nature and does not allow any discretion to be exercised by the Registrar. The Registra...... the opposite party No. 1. But no notice of the order of advertisement of the application of the opposite party No. 1 was served upon the petitioner.
4. The petitioner not being aware of different provisions of the law relating to registration of trade marks failed to oppose registration of the t..
Category: Intellectual Property Law | Date: | Hits: 167
.... Constitution. Fifthly the ratification, confirmation or validation do not come within the ambit of amendment as prescribed by Article 142 of the Constitution. Sixthly, lack of long title, which is a mandatory condition, made the amendment void. Seventhly the Fifth Amendment was made for a collatera......s parochially restored, while vide the Constitution (Final Revival) Order 1986, the Constitution was fully put set. During the intervening period, through a process of election in accordance with the provisions of the Constitution, the 4th Parliament assumed it’ existence. That Parliament on 11th ..
Category: Constitutional Law | Date: | Hits: 482
Shan Hosiery Vs. Bangladesh Jatiya Shamabaya Shilpa Samity Ltd and others, 2002, 31 CLC (HCD)
....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.......cases where the plaint does not disclose any cause of action, or when the plaintiff fails to deposit the deficit court fees within the time ordered by the Court and/or where the suit is barred by any provisions of law. It is also now well settled that the above provisions are not exhaustive and a Co..Category: Property Law | Date: | Hits: 31
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
.... 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.......ation for preemption, the Court cannot go behind the intentions of the parties in executing the deed of the transfer. Furthermore, any evidence to vary the terms of such deed is also barred under the provisions of section 91 of the Evidence Act. 7. Now, let me see the decision cited. It arises ou..Category: Property Law | Date: | Hits: 28
Shaikh (Md) Obaidullah Raihan Vs. Sayed Shahidul Haque Jamal and others, 2002, 31 CLC (HCD)
....tion of disqualification and for the reason mentioned earlier, the Rule is liable to be struck out. In the result, the Rule is struck out. Ed. This Case is also Reported in: 54 DLR (2002) 280....... respondent No.1 is holding the office of Member of Parliament without any lawful authority because he was a defaulter within meaning of article 12 of the Representation of the People Order, 1972 and provisions of Bank Companies Act, 1991 as amended in 1997. 3. Mr. Farooqui, at the very outset, h..Category: Election Law | Date: | Hits: 88
....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.
......riched and, as such, the respondents (taxing authority) can retain it.
5. In order to appreciate and evaluate the contentions raised by the learned Advocates, reference may be made to the relevant provisions of sections 10, 12, 27 and 28 of the Sales Tax Act, 1951.
Section 10 runs as follows-
..
Category: Fiscal/Taxation Law | Date: | Hits: 69
Ramesh Chandra Chowdhury @ Das Vs. Naresh Chandra Das @ Chowdhury, 1999, 28 CLC (HCD)
....mits that the learned Subordinate Judge has committed an error of law in directing the executor of the power-of-attorney to be present in Court in order to prove the power-of-attorney overlooking the mandatory provision of section 85 of the Evidence Act. According to Mr. Pal, since Ramesh Chandra Ch......te of receipt of this order. Let a copy of this order be forwarded to the Court of the learned Subordinate Judge Narshingdi at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 227...Category: Property Law | Date: | Hits: 39
Tofazzal Hossain (Md) and others Vs. Momtaz Begum & others, 1999, 28 CLC (HCD)
....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.......reported in 35 DLR (AD) 338. In this case it has been held that court of law is fully competent in a pre-emption proceeding to see whether the splitting up of the jama was made in accordance with the provisions of section 117(1)(c) of the State Acquisition and Tenancy Act. In our case under review, ..Category: Property Law | Date: | Hits: 31
Abul Hossain Vs. State, 2000, 29 CLC (HCD)
....nce with law regarding that petition. Communicate the order to the Magistrate concerned. The application is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 222....... this connection he submits that when a naraji petition was filed the same petition should have been treated as petition of complaint and the learned Magistrate was required to act in accordance with provisions laid down in section 200 or 202 of the Code of Criminal Procedure. 3. We agree with th..Category: Criminal Law | Date: | Hits: 42
Shah Alam (Md.) Vs. Abul Kalam and others, 2001, 30 CLC (HCD)
....d 28-11-99 are hereby set aside. Order of stay as granted at the time of the Rule is recalled and vacated. Let the records be sent down. Ed. This Case is also Reported in: 54 DLR (2002) 277. ......on to original file and number on the term, however, of payment of Taka 500 only to the preemptors within 50 days. 7. Mr. Ruhul Amin learned Advocate for the preemptors submits that in view of the provisions of Order VI rule 14 of the Code, the very application under Order IX rule 13 of the Code ..Category: Limitation Law | Date: | Hits: 175
Anil Kumar Ghosh Vs. Shamir Kumar Ghosh, 2001, 30 CLC (HCD)
....29 and No. 55568 in class 29 are expunged from the register of the Trade Marks and the Registrar is directed to rectify the same accordingly. Ed. This Case is also Reported in: 54 DLR (2002) 273.......ion No. 38902 in class 29 in the Trade Marks Registry, Dhaka and managed to get the said application ordered to be advertised in the Trade Marks Journal. 5. The petitioner not being aware of legal provisions of law relating to registration of trade marks failed to oppose registration of the trade..Category: Intellectual Property Law | Date: | Hits: 200
.... at liberty at once, if not required in any other case.
Let an advance order be sent to Superintendent, Barisal Jail, Barisal immediately.
Ed.
This Case is also Reported in: 54 DLR (2002) 266.......corpus did not run in this sub-continent during British Rule. The Supreme Court established by East India Company had a limited jurisdiction. However, a remedy was provided for the subjects under the provisions of section 491 of the Code. This section empowers the High Court Division to issue direct..
Category: Criminal Law | Date: | Hits: 39
Kalandiar Kabir Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....ntral Jail, Dhaka is being held in custody without any lawful authority and he be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (2002) 258. ......d under section 54 of the Code of Criminal Procedure but there was no reason to arrest the detenu under that section of the Code of Criminal Procedure. In this connection, he has taken us through the provisions of section 54 of the Code of Criminal Procedure and has argued that under nine circumstan..Category: Constitutional Law | Date: | Hits: 195
Parimal Chandra & others Vs. Shaheda Begum and others, 1999, 18 CLC (HCD)
....rdinate Judge, Barguna in Title Suit No.18 of 1987 decreeing the suit are maintained. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 206.......tions in terms of the requirements of that section. A review is not available simply “in the interest of justice’, unless the case falls within the purview of the powers contained in the relevant provisions of law. It must be clearly understood that a review is not a re hearing of a case for re-..Category: Procedural Law | Date: | Hits: 81
Mahbubul Huq (Md) Vs. Md. A Kader Munshi & others, 1999, 18 CLC (HCD)
....e copy of this judgment and order. The office is hereby directed to send a copy of this judgment to the trial Court at the earliest. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 194.......gation of fraud to save limitation under section 18, must be clearly made out in the pleading. The question of fraud is a mixed question of law and fact. If a person wants to take advantage of the provisions of section 18 of the Limitation Act, namely, that due to fraud he could not file his comp..Category: Property Law | Date: | Hits: 64
Khorshed Alam (Md) Vs. Subordinate Judge and Artha Rin Adalat No. 1 and others, 2001, 30 CLC (HCD)
....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. ...... No. 2 has referred to the case of Lyluri Laxi Subramanyam Vs. Batchu Viswanadham reported in AIR 1988 Andhra Pradesh 27 wherein it was held that in case of execution of mortgage property by sale the provisions of Order XXI rule 83(1) (2) do not apply as rule 83 sub-rule (3) expressly provides for s..Category: Civil Law | Date: | Hits: 76
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