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Abu Sayed (Md) alias Saidur Rahman and another Vs. Sonia Akhter Selina & another, 2009, 38 CLC (AD)
....orrect decision. There is therefore no warrant in law to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 90. ...... assuring marriage. In this way accused Mahbub Alam Nizam spent night with her in that Hotel as husband and wife on several occasions and had sexual intercourse with the informant. At one stage informant became pregnant and she disclosed to accused Mahbub Alam, his brother accused Saidu......orrect decision. There is therefore no warrant in law to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 90. ..Category: Criminal Law | Date: | Hits: 79
Md. Abdul Awal Vs. Md. Abdul Barek, 2007, 36 CLC (AD)
....08 of the Penal Code on 21-4-1998. 3. The learned Magistrate issued process against the accused under sections 406/407/408 of the Penal Code and proceeded for trial but the accused did not receive any process from the trial Court. 4. The trial Court on 27-7-1999 framed charge against the......e-on-Record for the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 81; VI ADC (2009) 444. ......irected against the judgment and order dated 27-8-2005 passed by the High Court Division in Criminal Revision No. 1373 of 2003 making the Rule absolute directing the learned Magistrate for starting proceeding against the petitioner and the prosecution witnesses for filing a false case being CR Cas..Category: Criminal Law | Date: | Hits: 65
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
.......Appellant Vs. Samah Razor Blades Industries ............Respondents Judgment January 20, 2004. Cases Referred to- 21 DLR (SC) (1969); 357 7 BLC AD 67; 44 DLR 39; Friends and Company Vs. Gorubedi Shah 21 DLR (SC) 351; SM Towfiq Vs. National PLD 1962 Karachi 355; 21 DLR (SC) 357;......ted before us at the hearing of the review petitions. On the other hand the facts upon which our judgment in the petitions for leave to appeal rests, have remained undisputed throughout the different stages of the litigation and all the Courts, on the facts, found malafide in processing the evaluati...... 46 of the Trade Mark act, 1940 praying for removal of the Trade Mark "SUPERMAX". 8. The respondent No. 1 entered appearance in the said Rectification Case No. 166 of 1993 and contested the said proceeding. The Registrar of Trade Marks after hearing the parties and perusing the documents all..Category: Intellectual Property Law | Date: | Hits: 233
Mvi. Amzad Ali and others Vs. Shamsuddin alias Shamsuddoha and others, 2005, 34 CLC (AD)
....same in equal share and record of right was prepared jointly. Nazar Ali died in 1959 and his portion is being possessed by the second party on the basis of auction purchase. They did not know anything about auction sale and if there be any that is false, null and void document created by Ta......Advocate for the second party petitioner are valid grounds for review and accordingly, this criminal review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 615. ......) directed the officer in charge (OC). Maheshkhali to make a report about the matter. The OC in his report stated that there is apprehension of breach of peace and accordingly the S.D.O. started a proceeding under section 145 of the Code of Criminal Procedure and passed an order of attachment ap..Category: Criminal Law | Date: | Hits: 34
Government of Bangladesh Vs. Md. Abdul Karim, 1995, 24 CLC (AD)
....tion of the respondent in the Martial Law Court was a 'conviction on a criminal charge' within the meaning of Rule 8 was wholly irrelevant. The other submission was that the Appellate Tribunal was in any case wrong in holding that rule 8 of the Rules of 1976 does not refer to a conviction by a Marti......ssed and confirmed in appeal because of the respondent's conviction on a criminal charge in a Martial Law Court. 5. It appears that the decision in the matter at both the trial and the appellate stage turned on the question as to whether the conviction of the respondent in a Martial Law Court w......ntal Proceeding, Case No.7 of 1982, against the respondent on the basis of the aforesaid case which, ended in his conviction. The Subordinate Judge, Sirajgonj who was appointed Enquiry officer in the proceeding by his report dated 31.3.1983 found the respondent not guilty under rule 3(c) of the Go..Category: Administrative Law | Date: | Hits: 144
Government of Bangladesh and another Vs. Motu Lal Barua, 1997, 26 CLC (AD)
....) Rules 1985 and no Prejudice was caused to the respondent, here being compliance with the Rules of 1985, we set aside the judgments of the Tribunals below. Consequently the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 579....... with the Rules of 1985, we set aside the judgments of the Tribunals below. Consequently the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 579.......s he took petrol, octane, mobile distilled water etc. by different receipts without official permission and thereby the government incurred a loss of Tk. 2,900/- on those allegations departmental proceeding No.1/87 was started against the respondent. The respondent was served with a show cause n..Category: Administrative Law | Date: | Hits: 105
Indrajit Kundu and others Vs. Bejoy Krishna Kunda, 1999, 28 CLC (AD)
....der pre-emption would not exceed 100 big has. 3. Respondent No.1 filed a written objection contending that the case is not maintainable in law and also bad for defect of parties inasmuch as many of the recorded co-sharers have not been made parties and that the property which was tran......on-impleading necessary parties in the pre-emption proceeding. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 558. ......khatian filed in this case have been omitted. In view of the legal position the application for preemption was not legally maintainable for non-impleading necessary parties in the pre-emption proceeding. Consequently, the appeal is dismissed without any order as to cost. Ed. This..Category: Property Law | Date: | Hits: 34
Aminul Haque Shah Chowdhury and others Vs. Abdul Wahab Shah Chowdhury and others, 1999, 28 CLC (AD)
....ubmitted that the Code of Civil Procedure is applicable only for a limited purpose as provided under section 38 of the Waqf Ordinance and for no cither purpose. He further submits that if any person is aggrieved by any order of the administrator pending any one as Motwalli may pref......g the appeal to its original file and number. There is therefore no merit in these appeals. Both the appeals are dismissed. Ed. This Case is also Reported in: II ADC (2005) 548. ......f the Code of Civil Procedure relates to procedural matters and it provides that the procedure provided in the Code in regards to suits shall be followed as far as it can be made applicable in all proceeding in any Court of Civil jurisdiction and section 121 of the Code of Civil Procedure pro&sh..Category: Trust/Waqf Law | Date: | Hits: 226
Zakir Hossain and another Vs. State, 2008, 37 CLC (AD)
....rth, one blood stained lungi and one blood stained ganji were seized in presence of witnesses. The learned Advocate further submitted that out of 21 charge sheet witnesses prosecution examined as many as 14 witnesses and the prosecution has failed to examine the rest 7 important neutral, indepen......Advocate for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ...... that the Court being satisfied with the cause shown for absence of co- accused Mukul Hossain alias Mukul Miah that he was sitting in his S.S.C. examination that very day allowed continuance of the proceeding of the case as evident from his admit card and registration card but without considerin..Category: Criminal Law | Date: | Hits: 47
State Vs. Jahedul Islam @ Moulavi Banu, 2009, 38 CLC (AD)
....detail and lodged the FIR at 10.30 p.m. on the same date. The time consumed in lodging the FIR in view of the development of events can not be construed as an undue delay in lodging the FIR to draw any adverse presumption against the prosecution. 9. Confession is invariably consider...... Accordingly, the appeal is allowed with modification of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ...... 22.12.1987 at about 10.45 a.m. when his two sons A.B.M. Harunur Rashid and A.B.M. Mamunur Rashid alias Mamun along with their friends Hasanuzzaman alias Babu, Ibnul Hasan alias Raja and Jewel were proceeding towards the Upazilla Office for the purpose of correcting voter list and reached near t..Category: Criminal Law | Date: | Hits: 58
Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)
....f 1977 in the 2nd Court of Munsif (now Assistant Judge), Gazipur Sadar for a decree for permanent injunction restraining the principal defendants from entering into the suit land and from planting any plant in the suit land and/or from in any way disturbing possession of the plaintiffs in the sui......ing the judgment of the appellate court by judgment dated 30.11.1998. 5. Leave was granted to consider the submission that the plaintiffs having failed to prove their settlement and having at no stage challenged the notification under section 4 of the Forest Act can not raise objection regard......erence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147...Category: Property Law | Date: | Hits: 42
Janata Bank Vs. Md. Mofazzal Hossain and others, 1997, 26 CLC (AD)
....nishment to the employees shall vest in the competent authority: Provided that no authority subordinate to that by which the employee was appointed shall be competent to impose on him any major penalty. "(11) When an employee is to be proceeded against under Sub-Reg.......noticing that the proceeding in question was held and the order of dismissal was passed by the competent authorities and the Assistant General Manger (Administration) only communicate the different stages of the proceeding and also the order of the dismissal at the instance of the competent auth......ministrative Appellate Tribunal, Dhaka in Administrative Appeal No. 52 of 1994). Judgment Bimalendu Bikash Roy Choudhury J.- The decision of this appeal turns on the point whether the proceeding against respondent No.1, Md. Mofazzal Hossain, a Senior Principal Officer of the Janata ..Category: Employment/Service Law | Date: | Hits: 70
Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)
....llen into an error of law in not holding that the writ petition is not maintainable and that the writ petitioner having not served the Bureau by joining in Dhaka office was not legally entitled to any salary or benefits etc. particularly when he had admittedly carried on his occupation of b......f the powers conferred by section 20 of the Ordinance was published in the Bangladesh Gazette on 24.9.1991 as such the proceedings under Government Rules and Ordinance was authorized. ...... he could not move to Dhaka for want of fund in the absence of remittance of his arrear pay etc., which was awaiting decision of the Commerce Ministry and prayed to be exonerated from the proposed proceeding. Writ respondent No. 2 issued reminder on 21.8.1989 and the writ petitioner again s..Category: Employment/Service Law | Date: | Hits: 105
Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
....right to interfere with the plaintiff's said right of maintenance and management of the wakfs; (iii) an order of perpetual injunction restraining defendant Nos. 1 and 2 from interfering in any manner with the plaintiff's possession in the wakf properties described in schedule N......nsation assessment rolls had not been prepared in the case, the court observed at page 163 as follows: "This is a vague and infinity ground, and no attempt was made at any stage of these case to make out precisely the reasons for holding that the publication of compen......rnment of Bangladesh and the Government of Bangladesh shall be deemed to be substituted for the government of Pakistan or, as the case may be, the Government of East Pakistan as a party to such proceedings. (2) The Government of Bangladesh may, at any time before the final hearing..Category: Property Law | Date: | Hits: 43
ACKO Industries and Cold Storage Ltd. and another Vs. Pubali Bank Ltd. & others, 1997, 26 CLC (AD)
....r for not making the required deposit of at least 50% of the decretal amount in the trial court as per provision of Section 7 of the Ordinance. In view of the matter, we allowed this appeal without any order so to costs and set aside the impugned judgment and order of the High Court Division and...... order of the High Court Division and direct the High Court Division to register the appellants appeal preferred before him. Ed. This Case is also Reported in: II ADC (2005) 380. ...... order of the High Court Division and direct the High Court Division to register the appellants appeal preferred before him. Ed. This Case is also Reported in: II ADC (2005) 380. ..Category: Civil Law | Date: | Hits: 87
Mohammed Abdul Naim Vs. Chairman, Board of Directors, Sonali Bank, 1997, 26 CLC (AD)
....y not make his appointing authority or appellate authority a party to the application under section 4(2), but it is obligatory for him to make his employer a party to the application or else any decree in his favour will be in executable, his employer will not being bound by the decree. ......ect to the non-joinder of Sonali Bank as a party before the Administrative Tribunal, taking upon themselves the full responsibility of the outcome of the litigation. It is only at the appellate stage that this objection was taken and the technical error in the draftsmanship of the petition b......n the face of our decision and are also unable to take a differential view. The appeal is dismissed without any order as to cots. Ed. This Case is also Reported in: II ADC (2005) 369. ..Category: Administrative Law | Date: | Hits: 124
Monzur Rahman Khan Vs. Mst. Tahera Parvin and others, 2003, 32 CLC (AD)
....ee became the co-sharer in holding otherwise than by purchase, and preemption is not maintainable against her and the appeal must fail. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 367. ......ainable against her and the appeal must fail. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 367. ......ted upon and the same was created to defeat the right of pre-emption of the appellant. Secondly, whether the pre-emtee was a co-sharer in the holding otherwise than by purchase, and the pre-emtion proceeding would fail as it sought for a partition of the holding in respect which pre-emtee happen..Category: Property Law | Date: | Hits: 33
Md. Akkas Ali Biswas and others Vs. Ashit Kumar Mojumder and others, 2005, 34 CLC (AD)
....ed, inter alia,".......................a plaint cannot be rejected under this rule on an objection involving complicated question of facts and law. To strike out plaint at this stage, on any ground, as incompetent or fruitless litigation, is a dangerous step and such a measure sho......sion observed, inter alia,".......................a plaint cannot be rejected under this rule on an objection involving complicated question of facts and law. To strike out plaint at this stage, on any ground, as incompetent or fruitless litigation, is a dangerous step and such a ......ppellants filed an application under Order 7 Rule 11 of the Code of Civil Procedure praying to reject the plaint since the subject matter of the suit was directly and substantially an issue in the proceeding between the said parties and was heard and decided by the High Court Division against w..Category: Procedural Law | Date: | Hits: 75
Ketaki Ranjan Deb Vs. State, 1983, 12 CLC (AD)
....r, 1972 (President’s Order No. 50 of 1972) section 6 (c) and (e) of the General Clauses Act Clause (c) and (e) of section 6 of the General Clauses Act are clear enough to dictate that any investigation or legal proceedings started under the repealed statute, will not be affected by ......ied in accordance with the provision of President's Order No.50 of 1972. In the result the appeal is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 210. ......Order No. 50 of 1972) section 6 (c) and (e) of the General Clauses Act Clause (c) and (e) of section 6 of the General Clauses Act are clear enough to dictate that any investigation or legal proceedings started under the repealed statute, will not be affected by the subsequent repeal of th..Category: Criminal Law | Date: | Hits: 51
Reazuddin & ors. Vs. Jatindra Kishore Malaker and others, 1984, 13 CLC (AD)
.... title in a case which is to be decided solely on the question of possession. The learned Counsel referred to the observation of the learned Judge to the effect that Kabuliyat Ext. 2 did not confer any title to the appellant. 8. It was also argued that the learned Judge was wrong in holdi...... High Court Division is set aside and that of the lower Appellate Court is restored. There will no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 202. ...... Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 143A Section 143A is only concerned with the question of possession of the land. Question of title is beyond the scope of such a proceeding. The material consideration in a case under section 143A of the State Acquisitio..Category: Property Law | Date: | Hits: 28
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