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....t at Demra, Dhaka should not be declared to have been passed without any lawful authority and is of no legal effect and or pass such other or further order or orders as to this Court may seem fit and proper.
2. In Writ Petition No.9 of 2002 Rule Nisi has been issued calling upon the respondents t......Original Jurisdiction)
Present:
Tariq-ul-Hakim J
Afzal Hossain Ahmed J
Faruque Hasan…………………………………………………...Petitioner
Vs.
Titas Gas Transmission and Distribution Company Ltd. and others……..Respondents
Judgment
August 16, 2005.
Cases......ommercial Area, Tejgaon, Dhaka to the office of the respondent No.1 in the Transmission Department at Demra, Dhaka should not be declared to have been passed without any lawful authority and is of no legal effect and or pass such other or further order or orders as to this Court may seem fit and pro..
Category: Employment/Service Law | Date: | Hits: 75
Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)
.... of the petitioner in Criminal Appeal No. 86 of 1987 arising out of CR Case No. 206 of 87 should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts leading to disposal of the Rule are as follows: Opposite-party No.2 Abdur Rah......riminal Revisional Jurisdiction) Present: Md. Anwarul Haque J Farah Mahbub J Abdul Ahad…………………………………………………………Accused Petitioner Vs. State and another……………………………………………….Opposite Parties. Judgment O...... 5. Being aggrieved by and dissatisfied with enhancement of sentence passed by the learned Additional Sessions Judge, the accused-petitioner has preferred this revisional application challenging the legality and propriety of the order passed by the learned Additional Sessions Judge. It has been all..Category: Criminal Law | Date: | Hits: 60
Kazi Moniruzzaman and others Vs. Kazi Nuruzzaman and others, 2006, 35 CLC (HCD)
....ted as follows; The predecessors of the plaintiffs and defendant Nos. 1 and 2 Kazi Abul Kashem filed Title Suit No. 153 of 1992 in the Court of Subordinate Judge, First Court, Dhaka claiming the suit property to have been acquired by him in the benami of his two sons defendant Nos. 1 and 2 namely, K......This Case is also Reported in: 58 DLR (2006) 306.......stablished by evidence at the trial. We therefore, find that the impugned order of the learned Joint District Judge in rejecting the prayer of the plaintiffs dated 28-12-2002 does not suffer from any legal infirmity. 28. Accordingly, for the reasons stated above we find no merit in this Rule. ..Category: Property Law | Date: | Hits: 131
Abdur Rashid Salam Vs. Md. Moniruzzaman, 2005, 34 CLC (HCD)
....the relief claimed is undervalued, and the plaintiff, on being required by the Court to correct the valuation within a time to be fixed by the Court fails to do so; (c) Where the relief claimed is properly valued, but the plaint is written upon paper insufficiently stamped, and the plaintiff, on ......¦â€¦â€¦â€¦â€¦.Petitioner Vs. Md. Moniruzzaman …………………………………………………..Opposite Party. Judgment July 19, 2005. Cases Referred to- S. Azizul Hassan and another Vs. Malik Ghulam Muhammad, 1971 SCMR 123; Shankar Rao and others Vs. Raghunath Rao, AIR ...... party appeared in the suit and filed an application under Order VII, rule 11 of the Code for rejecting the plaint on the ground that the tenancy agreement with the plaintiff having expired he has no legal character, no locus standi and no cause of action to bring the suit as there is no breach of a..Category: Procedural Law | Date: | Hits: 90
Amin Uddin (Md.) Vs. State, 2006, 35 CLC (HCD)
.... 2000 as amended, now pending in the Court of Nari-o-Shishu Nirjatan Daman Tribunal, Brahmanbaria should not be quashed or to pass such other or further order or orders as this Court may seem fit and proper. 2. Pending disposal of the Rule further proceedings as above was stayed. 3. Rule was m......Rule was issued under section 561A of the Code of Criminal Procedure at the instance of accused petitioner Md. Amin Uddin calling upon the sole state opposite party represented by Deputy Commissioner and District Magistrate, Brahmanbaria to show cause as to why the proceedings or Nari-o-Shishu Nirja......o-Shishu Nirjatan Daman Ain as amended. 25. We are clearly of the view that upon said report dated 7-9-04 of officer-in-charge, DB Brahmanbaria learned Nari-o-Shishu Nirjatan Daman Tribunal had no legal and procedural scope to take direct cognisance against accused petitioner Amin Uddin under sec..Category: Criminal Law | Date: | Hits: 48
Nabisco Biscuit and Bread Factory Ltd. Vs. Baby Food Products Ltd. and another, 2005, 34 CLC (HCD)
....ected to take necessary steps in accordance with law to effect rectification of the Register of Trade Marks in the light of this Judgment. Ed. This Case is also Reported in: 58 DLR (2006) 287. ......or Leave to Appeal here. Read the Civil Review Petition here. Supreme Court High Court Division (Civil Statutory Original Jurisdiction) Present: Md. lmman Ali J Nabisco Biscuit and Bread Factory Ltd…………………………….Petitioner Vs. Baby Food Products Ltd. ......ong period and certainly longer than the 7 years limitation provided by section 24 of the Act, which reads as follows: "24. Registration to be conclusive as to validity after seven years.- In all legal proceedings relating to a registered trade mark, the original registration of the trade mark s..Category: Intellectual Property Law | Date: | Hits: 386
Motleb Mondal Vs. State & others, 2005, 34 CLC (HCD)
....s Court witnesses under section 540 of the Code of Criminal Procedure to be examined in Sessions Case 28/2001 should not be set aside or pass such other order or orders as this court may deem fit and proper. Rule was made returnable within 4 weeks. 2. Pending hearing of the Rule further proceedin......e & others ……………………………………………...Accused-Opposite Parties. Judgment August 29, 2005. Cases Referred to: 18 DLR (SC) 474; 6 BLC 17; Nur Elahi Vs. State and others, 8 DLR (SC) 474. Lawyers Involved: Md. Shamsul Huda, Advocate—For the Petitioner.......foresaid sections on 5-9-95. 6. He submits that present petitioner Motleb Mondal, father of deceased victim Rezaul, being prevented by aforesaid Ainuddin Joarder and his group from praying for any legal remedy for the murder of his son Rezaul in the thana which also turned deaf ear to any approac..Category: Criminal Law | Date: | Hits: 41
Sonali Bank Limited and others Vs. M/s. Fair Chemicals (Pvt) Ltd. and others, 2011, 40 CLC (AD)
....on to examine a witness, is an exceptional one and should be used carefully and only after being fully satisfied that there is no other way to examine the said witness whose evidence is necessary for proper disposal of the suit. An occasional illness or temporary infirmity is not enough to allow a c......is Order is also Reported in: 19 BLT (AD) (2011) 52. ......ey Suit No. 33 of 2007 in the Court of Joint District judge, Third Court, Dhaka for realization of Tk. 5,53,26,76,000/- as compensation by way of damages. The whole question centered around about the legality of the order dated 02.08.2010 passed by the Joint District judge allowing recall of the P.W..Category: Civil Law | Date: | Hits: 82
Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed and others, 2006, 35 CLC (HCD)
....ant for the purpose Of this case are that the suit land belonged to Md. Ibrahim and RS khatian was prepared in his name who died leaving 3(three) sons and 3(three) daughters and a widow who got their property and they separated their share by agreement held in a salish dated 28-1-1957 and again thei......vil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Md. Rais Uddin J Kabir Ahmed Sawdagar…………………………………….Petitioner Vs. Md. Syed Saifuddin Jaheed and others…………………………Opposite Parties. Judgment March 7, 2006. Case Refe......Order dated 21-2-1963 directed the plaintiff to seek remedy in the civil Court. The defendant No. 1’s claim is based on an alleged patta dated 15-4-1957 which is a void document. Due to threat of illegal dispossession by the defendant, the plaintiff instituted Other Suit No. 158 of 1991 in the 5th..Category: Property Law | Date: | Hits: 115
Kazi Rashed Akhter Shahid (Prince) Vs. Rokshana Choudhury (Sanda), 2006, 35 CLC (HCD)
....wer amount of the marriage, if any, according to her status cannot be more than 30,000 (thirty thousand). He further submits that the judgment and decree passed by the learned lower Court are neither proper nor in accordance with law and, as such, the impugned judgment and decree caused serious inju......ision (Civil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Md. Rais Uddin J Kazi Rashed Akhter Shahid (Prince)…………………Petitioner Vs. Rokshana Choudhury (Sanda)………………………..Opposite Party. Judgment February 27, 2006. Cases Referre......d Family Suit No. 11 of 1999 in the Court of the learned Senior Assistant Judge, Sadar and Family Judge, Tangail praying for declaration that the divorce dated 22-5-1998, 22-6-1998 and 22-7-1998 is illegal and void and for restitution of conjugal life and also further prayed for a decree of dower of..Category: Family Law | Date: | Hits: 184
State Vs. Harun Chowdhury, District Magistrate and Mostafa Kamal, SP Sylhet, 2005, 34 CLC (HCD)
.... by this Hon'ble Court and that since they tender unconditional apology and undertake that they would not repeat the same thing in the future, the Hon'ble Court may pass any order as it deems fit and proper. 7. We have heard the learned Advocates of both the contemners and the learned Assistant Atto......ivil Appellate Jurisdiction) Present: Md. Mozammel Hossain J Md. Abdul Hye J State…………………………………………Petitioner Vs. Harun Chowdhury, District Magistrate and Mostafa Kamal, SP Sylhet…………… Contemners-Opposite Parties. Judgment May 24, 2005......tafa Kamal, Superintendent of Police, Sylhet are exonerated from the charge of contempt of Court and they are warned to be careful in future. Ed. This Case is also Reported in: 58 DLR (2006) 267...Category: Civil Law | Date: | Hits: 1272
MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)
....respondent No. 1 should not be declared to have been passed without lawful authority and to be of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner is the proprietor of M/s MA Salam and Company. The respondent No. 1 is ......in J Zubayer Rahman Chowdhury J MA Salam…………………………………………………………….Petitioner Vs. Additional District Judge & Dewlia Adalat, Chittagong and another…… Respondents. Judgment November 17, 2005. Cases Referred to- Messrs S......f 2000 (Annexure-D) and the subsequent proceedings in Bankruptcy Case No. 6 of 2000 pending before respondent No. 1 should not be declared to have been passed without lawful authority and to be of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and p..Category: Civil Law | Date: | Hits: 131
Dhaka Leather Complex Ltd. Vs. Sikder Construction Ltd. and another, 2009, 38 CLC (AD)
....ost. The impugned judgment and order dated 18-08-2003 passed by the High Court Division in First Appeal No. 255 of 2002 is hereby affirmed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 75.......resent: MM Ruhul Amin CJ Md. Abdul Aziz J BK Das J Md. Muzammel Hossain J Dhaka Leather Complex Ltd………………………………….Appellant Vs. Sikder Construction Ltd. and another………………….Respondents Judgment August 4, 2009. Cases Referred To- ......-1996 and 03-11-1996 and thereafter on several dates even by enclosing copy of the award passed by the Umpire and as such the impugned judgment and order passed by the High Court Division is wholly illegal and not in accordance with law and it suffers from legal infirmity and the same is liable to b..Category: Alternative Dispute Resolution | Date: | Hits: 187
Abi Abdullah (Md.) and others Vs. Government of Bangladesh, 2005, 34 CLC (HCD)
.... petitioners are concerned. In the result, the Rule is made absolute so far as it relates to the petitioners without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 250. ......s Case is also Reported in: 58 DLR (2006) 250. ...... as to why the impugned order dated 29-11-94 as contained in Annexure 'E' to the writ petition issued by respondent No.1 should not be declared to have been made without lawful authority and is of no legal effect and why a direction should not be issued upon the respondents to accept rents in respec..Category: Property Law | Date: | Hits: 99
Abdur Razzaque Zoarder and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....nd is of no legal effect and why the respondent Nos. 1 to 5 shall not be directed to withdraw and cancel the same and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. It is the case of the five petitioners that upon obtaining their Diplomas in Engineeri...... is also Reported in: 58 DLR (2006) 245. ......ubo (Kop)/B-l/Sha-l//l-Ja-1/95 dated 2-3-2000 thereby fixing seniority of respondent Nos. 6 to 13 above the petitioners shall not be declared to have been passed without lawful authority and is of no legal effect and why the respondent Nos. 1 to 5 shall not be directed to withdraw and cancel the sam..Category: Employment/Service Law | Date: | Hits: 79
Alimuddin and others Vs. Abdul Kabir and others, 2003, 32 CLC (HCD)
....002 passed by the Joint District Judge, 1st Court, Kishoreganj in Title Appeal No. 372 of 1993 should not be set aside and/or pass such other or further order or orders as to this Court deems fit and proper. 2. Short facts necessary for the purpose of the Rule is that the petitioners as plaintiff......for compliance. Ed. This Case is also Reported in: 58 DLR (2006) 240....... with the appeal in accordance of law. Send down a copy of this judgment to the learned Joint District Judge, Kishoreganj for compliance. Ed. This Case is also Reported in: 58 DLR (2006) 240...Category: Procedural Law | Date: | Hits: 93
Executive Engineer, Sylhet Public Works Department Vs. Md. Asob Ali, 2005, 34 CLC (HCD)
....e instant case is a case of sale of goods in auction. According to section 4 of the Sale of Goods Act, a contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price; and where under a contract of sale the property in the g......¦â€¦â€¦â€¦â€¦â€¦â€¦.Opposite Party. Judgment August 17, 2005. Case Referred to- 2 MLR (AD) 109. Lawyers Involved: Md. Azizul Haque, with Md. Jafor Ali. Assistant Attorney-General and Md. Iqbal Hossain, Assistant Attorney-General—For the Petitioner. AKM Mainuddin with Nurul ......n a short time subject to receiving survey report from the higher authority; subsequently, the-defendant-petitioner failed to hand over the materials to the plaintiff for which the plaintiff served a legal notice to the defendant petitioner on 14-9-2003; in reply, the defendant petitioner vide Memo ..Category: Business or Commercial Law | Date: | Hits: 209
Shomurunessa and others Vs. Md. Musa Miah and others, 2005, 34 CLC (HCD)
....Nos. 1-6 to show cause as to why the delay of 309 days in filing this revisional application should not be condoned and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. None appears to support the Rule. 3. Mr. Md. Ibrahim Mollah, the learned Advocate, ......s to costs. Ed. This Case is also Reported in: 58 DLR (2006) 228. ......ce on the part of the petitioner. I do not find any substance in the Rule. In the result, the Rule is discharged without order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 228. ..Category: Procedural Law | Date: | Hits: 96
Golap Vs. Md. Abdul Hakim & others, 2002, 31 CLC (HCD)
....owing the petition for substitution of the legal heirs of the deceased defendant is concerned should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. Before the issuance of the Rule delay of 29 days was condoned. The plaintiff-opposite ......cause as to why the portion of impugned order dated 6-10-98 passed in Title Suit No. 59 of 1996 by the Assistant Judge, Muktagacha Court, Mymensingh so far it relates to passing an order of abatement and allowing the petition for substitution of the legal heirs of the deceased defendant is concerned......d 6-10-98 passed in Title Suit No. 59 of 1996 by the Assistant Judge, Muktagacha Court, Mymensingh so far it relates to passing an order of abatement and allowing the petition for substitution of the legal heirs of the deceased defendant is concerned should not be set aside or such other or further ..Category: Procedural Law | Date: | Hits: 106
Tahera Begum and others Vs. Mizanur Rahman (Md.) and others, 2004, 33 CLC (HCD)
....ased the entire share of said Jalal Patwari that was allotted to him in the preliminary decree. So, he could not claim that he was not aware of said decree. In the fitness of things, most natural and proper step for said opposite party No. 1 was to take step for substitution or addition in place of ...... This Case is also Reported in: 58 DLR (2006) 224.......al Patwari which was allotted to him in the preliminary decree dated 9-5-96. Said Jalal Patwari died on 28-5-2000. But the preliminary decree was made final against him without bringing on record his legal representatives. As such, the final decree became nullity and the executing case was liable to..Category: Property Law | Date: | Hits: 72
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