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Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
....Constitution of the People’s Republic of Bangladesh 1972, Article 35(3) The Druta Bichar Tribunal Ain, 2002 The Druta Bichar Tribunal Ain, 2002 empowers the Government to transfer any case mentioned in section 6 pending in a Criminal Court to Druta Bichar Tribunal for speedy tria......he concerned Act i.e. Code of Criminal Procedure and Penal Code. 30. Section 8 speaks of the trial of the cases; sub-section (1) provides that Druto Bichar Tribunal shall try a case from the stage of the case was pending before the Sessions Court. Sub-section (2) thereof provides that the......udge, 2nd Court, Chittagong corresponding to GR Case No. 507 of 1993 arising out of the Bandar Police Station Case No.30 (4) 1993 under sections 147/148/149/302 of the Penal Code. The said criminal proceeding was in the process of trial in accordance with the provision of law of the land but due t..Category: Criminal Law | Date: | Hits: 59
Unilac Sanowara (BD) Ltd. Vs. Bonlac Foods Limited and another, 2008, 37 CLC (AD)
....e respondent alone and none else, hi fact, the trade mark 'Diploma' has become integrated with the business of the respondent. It was stated that Unilac Australia Pty Ltd formed a joint venture company with Sanowara Corporation on 21st June 1990 under the name and style 'Unilac Sanowara (Banglad......nt is liable to be rectified. It was stated that the respondent is required to produce the originals of all the annexures to the application and prove the same in accordance with law. ......l Procedure before the respondent could proceed further with the said trade mark application. An application has already been filed for furnishing security for cost which may be disposed of before proceeding further with the application. The respondent is not an aggrieved person within the meani..Category: Intellectual Property Law | Date: | Hits: 245
Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)
....Income Tax Ordinance 1984, ss. 93 and 128, 165 and 166 Failure to initiate proceeding for assessment or the pendency of assessment proceeding cannot operate as a bar to the institution of any criminal prosecution for offences punishable under Chapter XXI of the Income Tax Ordinance. Hen......ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ...... May 20, 2008. Result: The appeal is allowed. Income Tax Ordinance 1984, ss. 93 and 128, 165 and 166 Failure to initiate proceeding for assessment or the pendency of assessment proceeding cannot operate as a bar to the i..Category: Fiscal/Taxation Law | Date: | Hits: 97
Tara Mia and another Vs. Babru Mia and others, 2007, 36 CLC (AD)
....is in possession of .13 decimals of land of Plot No. 500. That only to protract the litigation and to cause unnecessary harassment to the defendant No. 16, the plaintiff is continuing with so many vexatious proceedings in the Court. That the motivated aforesaid Title Suit No. 135 of 19......with Aslam, son of Md. Hekim. This is in fact a third case made out at a very late end of the day. The case of alleged settlement is not available in the pleadings of the defendants or at any stage of hearing before the trial court or lower appellate court, the courts of fact. The story thu......ession of .13 decimals of land of Plot No. 500. That only to protract the litigation and to cause unnecessary harassment to the defendant No. 16, the plaintiff is continuing with so many vexatious proceedings in the Court. That the motivated aforesaid Title Suit No. 135 of 1983 was dismisse..Category: Property Law | Date: | Hits: 26
State Vs. Nur Husain alias Hiron, 2006, 35 CLC (AD)
....on moved the High Court Division by filing an application under Section 561A of the Code of Criminal Procedure stating, inter alia, that in the FIR there was no allegation that accused had tried in any way to counterfeit or perform any part of the process of counterfeiting or sell or buy or make ......error. The Special Tribunal is directed to release the Respondent Nur Husain alias Hiron on bail to its satisfaction. Ed. This Case is also Reported in: 4 LG (2007) AD, 45. ......coming of the prosecution witness and consequent thereupon as the petitioner i.e. Nur Husain alias Hiron is languishing in Jail for over a period of 4 years and as such the continuation of the proceeding being abuse of the process of the Court is liable to be quashed, that mere possessi..Category: Criminal Law | Date: | Hits: 38
Towfiqul Islam & ors Vs. S.M. Mohiuddin, Officer-in-charge, Motijheel, Dhaka & ors 2007, 36 CLC (AD)
....ilding, Purana Paltan on 28.3.2002 and forcefully dispossessed Abdul Alim, Constituted Attorney of these petitioners and their tenants from the said holding through police force without making any inventory list. In fact no notice was served upon the petitioners or on their Constituted Attor......in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 434. ...... the said orders the officer-in-charge of Motijheel Police Station submitted a detail report dated 8.11.1999 to the Chief Metropolitan Magistrate, Dhaka where he clearly stated that the proceeding of Non FIR case was started with the holding No.58/1A, 5(five) storied building, Pu..Category: Criminal Law | Date: | Hits: 32
Government of Bangladesh Vs. Md. Atiar Rahman Mollah, 2006, 35 CLC (AD)
....the order passed by the said Tribunal appears to us was appropriate one and thus in affirming the said order of the Administrative Tribunal, the Administrative Appellate Tribunal has not committed any error. 6. In the background of the discussion made hereinabove we find no substance in t......ground of the discussion made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 422. ...... The Respondent joined in the service in 1961 as Constable and was promoted as S.I. on December 1, 1971 and thereafter promoted as Inspector on May 1, 1986, that on October 30, 1996 a departmental proceeding under the provision of the Government Servants (Discipline and Appeal) Rules, 1985 was i..Category: Administrative Law | Date: | Hits: 120
Afzal Ahmed and others Vs. Ayesha Khatun and others, 2007, 36 CLC (AD)
.... in peaceful possession of the acquired land of schedule-1 by asserting their own right, title and interest within the knowledge of all including the defendant-respondents candidly and without any interruption from any quarters and by ouster of all concerned and thereby the plaintiff-petitio...... defendant Nos.1 and 2 in that suit and these plaintiffs filed written statement in that suit claiming the land of R. S. Plot No.1246 and other lands as well the partition suit was at hearing stage. That the part of P.S. Plot No. 1246 was acquired by the Government for construction of emban......e we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: V ADC (2008) 402. ..Category: Property Law | Date: | Hits: 25
Md. Mahmud Ali Vs. Md. Abrus Ali and another, 2007, 36 CLC (AD)
....as party. 5. The learned Counsel further submitted that the defendant No.1 filed the photocopy of the parcha of suit land which was also admitted by the plaintiff and marked Exhibit-'Ga' without any objection but the trial Court did not consider this Exhibit, a piece of evidence of possession i...... the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 392. ......t No.2 that the defendant No. 2 preferred Title Appeal No. 222 of 1997 before the District Judge but ultimately on 04.05.1999 dismissed the appeal for want of steps; that the plaintiff filed mutation proceeding but the defendants being cousin and influential person collectively on 2nd Baishak, 1407 ..Category: Property Law | Date: | Hits: 42
Khairunnessa Vs. Syed Mainul Haq and others, 2005, 34 CLC (AD)
....nst Khairunnessa whose prayer for being added as defendant was allowed upon an application filed under Order I, rule 10 of the Code of Civil Procedure, the plaintiff in the suit has not sought for any relief. The High Court Division also noticed that the learned Joint District Judge while allowi...... defendant No.1 entered appearance in the suit by filing written statement denying the case of the plaintiff and asserting that defendant's purchase from Serajuddin is quite legal. 3. At one stage of the suit a certain Khairunnessa filed an application under Order 1, rule 10 of the Code of......d of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 82. ..Category: Property Law | Date: | Hits: 33
Harun-al-Rashid Mollah and others Vs. Bangladesh, 2006, 35 CLC (AD)
....azette Notification No. 3125 dated 13-4-1955 and since then the suit land along with other lands have been under the management and possession of the Government; the Forest Department then planted many valuable forest trees therein and in order to convert the suit land as Reserve Forest appointe......he suit land on the basis of alleged settlement and accordingly, no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 79. ......s proved his case and the documents produced support the plaintiff's title; in the decision reported in 45 DLR (AD) 112 the Appellate Division has held that how far a judgment passed in an ex-parte proceeding is to comply with the provisions of Order XX, rule 4(1) of the Code of Civil Procedure w..Category: Property Law | Date: | Hits: 31
Mustari Bibi and others Vs. Md. Yusuf and others, 2006, 35 CLC (AD)
....d rents in respect of entire 200 ajutangsha land and the rent receipt also shows that entire 200 ajutangsha land is situated within municipal holding No. 7/2, Samsabad. The defendants never paid any rents in respect of any portion of the land of Plot No. 7612 and the said Municipal holding No. ......titioners refrained from raising the plea now raised before us. 13. In such view of the matter, the points raised before us not being raised in the courts below, cannot be entertained at this last stage at the end of the day. Moreover, there is no material to substantiate the grievance. In vie...... day. Moreover, there is no material to substantiate the grievance. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 42. ..Category: Property Law | Date: | Hits: 28
Manirunnessa Khanam and another Vs. Syed Madassir Ali and another, 2006, 35 CLC (AD)
....heir homestead; the respondents filed a petition on 3-3-1978 before the Administrator of Waqfs for enrolment of some dags of the schedule land as a public waqf whereupon, after hearing but without any notice to many of the petitioners and other co-sharers and also without any spot verification o......ived at the correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 25. ......o, the direction of informing the order to the parties was redundant, specially when Note (1) of Rule 388(2) of the Civil Rules and Order provides that it is for the Advocates to be present at the proceeding to make themselves acquainted with the order passed and it is not the duty of the office..Category: Trust/Waqf Law | Date: | Hits: 199
Guljan Bibi and others Vs. Md. Fazlu Miah and others, 2006, 35 CLC (AD)
....xpiry plaintiffs' right to redemption arose but the plaintiffs have filed the suit after lapse of 62 years and, as such, the suit is barred by limitation, that defendant Sufi Mia had not exchanged any land from plot No. 4346 with Shaista Mia on June 11,1989 and that if any deed of exchange is pr......t in error in holding that the plaintiffs' suit was barred by limitation. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 18. ......Article 4 of PO 12 of 1972 is applicable as regard a case where a person could not because of the abnormal situation from 1st of March, 1971 to 1st of March, 1972 institute or initiate legal proceedings and, as such, his claim or suit become barred by limitation and that plaintiffs' suit ..Category: Property Law | Date: | Hits: 48
Abu Asad Bhuiyan and others Vs. Abu Taher Bhuiyan and others, 2006, 35 CLC (AD)
....ion of section 91 of the Evidence Act and that as Abu Sufian, predecessor of the defendant-petitioners, attested the Hukumnama as such by the oral evidence defendants are not competent to establish anything contrary to the facts as being reflected by the Hukumnama or in other words defendant-petit......ted that his house is by the side of land in suit, that he has heard Firoz Bhuiyan took settlement of the land in his name, that the plaintiffs and defendants are possessing the land in suit. At that stage he was declared hostile and while he was being cross-examined by the plaintiffs the witness de...... the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 9, 17 MLR (AD) (2012) 61. ..Category: Property Law | Date: | Hits: 33
Md. Abul Fazal and another Vs. The State and another, 2007, 36 CLC (AD)
....0 of 2004 arising out of petition case No. 3.1 of 2004 under Section 11(ga)/30 of Nari-O-Shishu Nirjatan Daman Ain, 2000 pending in the Court of Nari-O-Shishu Nirjatan Daman Tribunal, Mymensingh to any other Nari-O-Shishu Nirjatan Daman Tribunal of neighboring District such as Gazipur, Tangail, ......ress he for dowry and on 31.01.2004 accused petitioner No. 1 took her to her father's house and stayed there and at about 11 P.M. She and her husband went to sleep in separate room and at one stage her husband told her to bring Tk. 1,00,000.00 (one lac) from her father as dowry for Korbani ...... in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 355. ..Category: Criminal Law | Date: | Hits: 31
Digandra Chandra Pandith Vs. Abdur Razzaque and another, 2006, 35 CLC (AD)
....ute. 8. In that state of the matter we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 307 ......ute. 8. In that state of the matter we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 307 ......the document by which transfer has been made, that the trial Court held that the Miscellaneous case was barred by limitation upon due consideration of the evidence but the appellate Court upon proceeding on the wrong premises set aside the finding of the trial Court on the question of limit..Category: Property Law | Date: | Hits: 20
S.M. Nurul Islam Vs. Padma Oil Company Limited and others, 2006, 35 CLC (AD)
....Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J S.M. Nurul Islam……………………Petitioner Vs. Padma Oil Company Limited and others…………….....Respondents Judgment ......f the petitioner came to a definite finding that the plaintiff is entitled to get a decree as prayed for and the above decree was also affirmed by the appellate Court and thereafter, in revisional stage at the High Court Division, the defendants introduced a completely new case completely unhear......out at all considering Ext. 2 in which the petitioner admitted his guilt. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 292. ..Category: Employment/Service Law | Date: | Hits: 61
Sylvia Akter Nazma Vs. M. M. Ishak, 2006, 35 CLC (AD)
....ant of the case. 7. It appears that in our judgment it was clearly held that the allegations made in the First Information Report were vague and indefinite and there is no allegation that on any particular date and time and manner the accused husband caused hurt to the informant of the ca...... the leave petition. We find no substance in the review petition. 9. Accordingly, the review petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007)1009. ......03 of the Ain against the accused persons. Thereafter, the accused husband filed an application under section 561A of the Code of Criminal Procedure before the High Court Division for quashing the proceeding of the case and obtained the Rule. 4. The High Court Division upon hearing made t..Category: Criminal Law | Date: | Hits: 32
Abdur Rahman and others Vs. Sultan @ Sultan & others, 1982, 11 CLC (AD)
....s the Court to issue a commission 'to make partition or separation according to right as declared in preliminary decree". Then follows rule 14(2) which stipulats "the Court after hearing any objections which the parties may make to the report or reports, shall confirm vary or set aside......e 1 C.P.C. In this view of the matter the Rule was made absolute and the order dated 27.5.1975 was set aside and the Court directed the Munsif recommence the proceeding of the Court from the stage at which the pleader Commissioner submitted his report. 3. Leave was granted to consid......ct to review under order 49, rule 1 C.P.C. In this view of the matter the Rule was made absolute and the order dated 27.5.1975 was set aside and the Court directed the Munsif recommence the proceeding of the Court from the stage at which the pleader Commissioner submitted his report. ..Category: Property Law | Date: | Hits: 23
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