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Moinuddin Ahmed alias Farook Vs. Khursheda Begum and others, 2001, 30 CLC (HCD)
.... the above Title Suit No. 96 of 1995 stating, inter alia, that by deed of gift dated 25-8-77 late Alimuddin, the husband of the plaintiff, gifted ‘Ka’ and ‘Kha’ schedule property to her and also handed over the delivery of possession of the above lands to her on the same date. Then Alimuddin......e in respect of one-third portion of schedule “Ka” property. The order of status quo earlier passed by this court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 354. ......me as a deed of will. In the said deed it was clearly stated the balance of the property of late Alimuddin will be distributed among the heirs in terms of Mohammadan Law. 8. As it appears that the trial Court dismissed the suit on the ground that there being no registered lease deed in favour of ......t High Court Division (Civil Revisional Jurisdiction) Present: Md. Tafazzul Islam J Moinuddin Ahmed alias Farook …………………………….Petitioner Vs. Khursheda Begum and others………………. Opposite-Parties Judgment June 18, 2001. Lawyers Involved: ..Category: Property Law | Date: | Hits: 32
Abdul Mannan (Md) Vs. Swaraj Roy and others, 2001, 30 CLC (HCD)
....he suit land was recorded in the name of his father during the survey under the State Acquisition and Tenancy Act and they have been in possession on payment of rents. In the present revenue survey also, his name was correctly recorded. In order to grab the suit land the plaintiff created the Bainap......justice has occasioned thereby. In the result, this Rule is discharged and impugned order is affirmed. No order as to costs. The order of stay granted at the time of issue of the Rule is hereby re-called and vacated, Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 352. ......is affirmed. No order as to costs. The order of stay granted at the time of issue of the Rule is hereby re-called and vacated, Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 352. ...... High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J Abdul Mannan (Md) ……………………Petitioner Vs. Swaraj Roy and others ………………..Opposite-Parties Judgment December 5, 2001. Cases Referre..Category: Property Law | Date: | Hits: 31
Amir Hossain Bhuiya (Md) Vs. Harisul Haq Bhuiya and others, 1999, 28 CLC (HCD)
....the lower Court records at once Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 267.......erent professional groups of pesh Imam, Muazzins, teachers of School and College, staff members of Medical Centre and Hospital though run by the factory management by no stretch of imagination can be called “Workers” or “Workman” as defined in the aforesaid 2 clauses. In support of this cont......nal institutions like School and College of the factory, staff member of Medical Center and Hospital as voters. The aforesaid persons do not fall within the category of workers as defined in the Industrial Relations Ordinance, 1969 and the Employment of Labour (Standing Orders) Act, 1965. The voter......Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Iftikhar Rasool J Amir Hossain Bhuiya (Md)…………………Petitioner Vs. Harisul Haq Bhuiya and others………...Opposite-Parties Judgment May 24, 1999. Cases Referred To- Abu Ba..Category: Labour and Industrial Law | Date: | Hits: 99
....ed Chief Justice under the following facts and circumstances:
2. Plaintiffs case after being amended and allowed by the order dated 21-3-95 briefly, is this. Plaintiff is a registered co-operative society. The Society is the owner of a three storied super market building at 1, Darus Salam Main Ro......) Ltd. registered on 6-4-93 is null and void.
Let a copy of the judgment be sent t the Ministry of Law and Parliamentary Affairs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 263.
......ited vide chalan dated 21-3-93, possession was delivered on 3-4-93 and lease deed was registered on 6-4-93 while the suit was field on 23-3-93, defendant No. 6 appeared in the suit on 29-3-93 and the trial Court passed the order of maintaining status quo on 3-4-93. The hat hostel activities speak vo......sent:
Md. Golam Rabbani J
Md. Latifur Rahman J
Mirpur Mazar Co-operative Market Society Ltd…………Plaintiff
Vs.
Ministry of Works, Government of People’s Republic of Bangladesh and others……Defendants
Judgment
February 1st, 1999.
Lawyers Involved:
Dr. Kamal H..
Category: Property Law | Date: | Hits: 72
Ganesh Chandra Das Vs. Arati Acharjya, 2001, 30 CLC (HCD)
....avour of the plaintiff who is a member of the Hindu Community and, as such, the Family Court and the trial Court has no jurisdiction to deliver the judgment and decree and the Court of appeal below also committed error of law causing failure of justice. 3. Plaintiff opposite party filed Family Mo......d down the original records at once with a copy of this judgment to the learned District Judge, Chittagong for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)348. ......rees of both the Courts below are not on the basis of legal evidence on record and both Courts below committed error of law resulting an error in the decision occasioning failure of justice, that the trial court misread and misconstrued the evidence on record and the Court of appeal below did not as......ry action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)348. ..Category: Family Law | Date: | Hits: 186
Mirza Abdul Bari Beg and Others Vs. Zahidannessa and others, 2001, 30 CLC (HCD)
.... dated 10-9-2000 passed by Senior Assistant Judge at Sadar in Rangpur Other Execution Case No. 2 of 1997. 2. Short facts for disposal of the Rule are on 13-5-81 opposite party No.1 and the predecessor of opposite party Nos. 2 to 7 as plaintiffs instituted Other Suit No. 246 of 1981 for declaratio......rought to the notice of the Court, the Court would not have made such order on 22-6-2000 and the order was obviously obtained through mistake. Upon such views, by impugned order the execution Court recalled its earlier order dated 22-6-2000 and issued fresh writ for delivery of possession fixing 28-......s. Case of Md. Islam Vs. Munshi Aabdur Rahman is a Second Appeal which arose out of a suit for declaration of title and recovery of possession after removal of the structures. Suit was decreed by the trial Court and on appeal, was affirmed by the appellate Court. Title was based on the basis of purc......holders. Ed. This Case is also Reported in: 54 DLR (2002)344. ..Category: Property Law | Date: | Hits: 29
Pubali Bank Ltd. Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
....creed the suit ex parte. Then on 20-3-93, the defendant opposite parties filed an application under section 151 CPC paying for accepting the written statement which was filed by them on 17-3-93 and also for restoration of the suit to its original file and number. The plaintiff/petitioner filed writt...... cost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 340....... 20 and 21, the Appellate Division narrated the submission of the learned Advocates of both the parties regarding the maintainability of the writ petition which was filed challenging the order of the trial Court dated 10-2-92 holding that a counter-claim has not been barred by Artha Rin Adalat Act a......eme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Tafazzul Islam J Sikder Maqbul Huq J Pubali Bank Ltd……………………..Petitioner Vs. Mazid and Co. and others................ Opposite Parties Judgment December 3, 2000. Cases Ref..Category: Civil Law | Date: | Hits: 93
State Vs. Rashid Ahmed & others, 2002, 31 CLC (HCD)
....d, is that at about 5-00 PM on 12-6-86 after prayer time victim Abdul Mabud Master was coming home from Kuddukhali Launch Ghat by ‘Ferdousi Road’ and when he came near the house of the accused persons, accused Rashid Ahmed and 17 others, being armed with deadly weapons like knife, kiris, lathis,......e State has placed before us the first information report of the case, the charges framed at the trial against the accused-persons, the evidence on record as well as the impugned judgment. We are now called upon to scrutinise the material evidence on record to arrive at a decision in the case. 11......his signature in the first information report and sent the same to the local thana through his maternal uncle Tahir Ahmed. 3. Upon the aforesaid allegations the 15 accused-respondents were put on trial before the 1st Court of Additional Sessions Judge, Chittagong ST Case No.86/86 answer charges ......al Code. 2. The prosecution case, briefly stated, is that at about 5-00 PM on 12-6-86 after prayer time victim Abdul Mabud Master was coming home from Kuddukhali Launch Ghat by ‘Ferdousi Road’ and when he came near the house of the accused persons, accused Rashid Ahmed and 17 others, being ar..Category: Criminal Law | Date: | Hits: 76
Shamsul Haque (Md) Vs. State, 1999, 28 CLC (HCD)
.... of 1990 arising out of Jamalpur PS Case No. 4 dated 10-11-89 corresponding to GR Case No.151(2)/1989 convicting and sentencing the accused under section 376 of the Penal Code to suffer rigorous imprisonment for 10 years with a fine of Taka 1,000.00 in default to suffer Rigorous Imprisonment for a f......is involvement in unsocial activities. 16. P.W.6 Azizur Rahman is the seizure-list witness. He identified the kupi. In cross-examination this P.W. admitted that he was a rickshaw puller and he was called along with Khoka by the Daroga and was shown the kupi and Daroga took his signature in a pape......ent under section 164 of the Code of Criminal Procedure and after completion of investigation submitted charge sheet. The accused-appellant with his wife said Anu Begum alias Anwara Begum were put on trial under sections 376/114 of the Penal Code under Special Powers Act before the learned Additiona......Shamsul Haque (Md)………………………….Accused-Appellant Vs. State…………………………….Respondent Judgment December 8, 1999. Cases Referred to- Akhter Hossain and others Vs. State, 4 BLC 236 Abdul Wahed alias Chandu Mia Vs. State, 4 BLC 320. Abu Taher Chowdhu..Category: Criminal Law | Date: | Hits: 32
Abdul Muhit and others Vs. Social Investment Bank Limited (SIBL) and others, 2001, 30 CLC (HCD)
....er the Companies Act, 1994 with an authorised share capital of Taka 1 crore divided into ten lakh shares of Taka 100 (Annexure A). 3. The SIBL has four types of directors— Group-A Bangladesh Sponsor Director, Group-B Foreign Sponsor Director, Group-C Government nominated Director and Group-D Me......rs. The petitioners, however, managed to obtain copies of the said notices (Annexures H and I). 6. Despite the court’s order of stay, the SIBL at the initiative of its present Chairman illegally called 64th Board Meeting on 8-7-2001 (Annexure J) and in that meeting a resolution was adopted to c......the petitioner is the Civil Court and not this Court. In view of the above, these applications are rejected without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 306....... any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 306...Category: Company Law | Date: | Hits: 208
Mohammad Ali Vs. State, 2000, 29 CLC (HCD)
....sions Case No.60 of 1995 arising out of GR No.18 of 1990 corresponding to Dhunat PS Case No. 6(4)90, convicting him under sections 395/397 of the Penal Code and sentencing him to suffer rigorous imprisonment for eight years and to pay a fine of Taka 2,000.00 in default to suffer rigorous imprisonmen......art in the occurrence. The said two confessing accused save and except mentioning the name of one Mohammad did not state anything about father’s name or about address of said Mohammad. It may be re-called here that the accused-appellant is named as “Mohammad Ali”. The name of Mohammad as menti...... file of the learned Sessions Judge, Bogra, who took cognizance against the aforesaid seven accused persons under sections 395/397 of the Penal Code and thereafter transferred the case to the present trial Court for disposal who on the basis of materials available on record formed charge against the......he Respondent State. Criminal Appeal No. 2015 of 1997. Judgment Md. Hassan Ameen J.-This criminal appeal, at the instance of accused-appellant Mohammad Ali, is directed against the judgment and order dated 29-6-97, passed by the learned Assistant Sessions Judge, Bogra, in Sessions Case No...Category: Criminal Law | Date: | Hits: 89
Kajemuddin Miah (Md) Vs. Bangladesh and others, 1999, 28 CLC (HCD)
....rosion of the river Padma the lands and homestead of the petitioner and other co-villagers were diluviated and went under water in 1947. So they shifted their residence and settled in Mouza Charbhadrason, Kallyanpur, etc. within the district of Faridpur in 1948. When the lands appeared the petitione......—For the Petitioner. M Iman Ali, Deputy Attorney-General-For the Respondent. Writ Petition No. 2702 of 1996. Judgment Mainur Reza Chowdhury J. - By this Rule Nisi the respondents were called upon to show cause as to why the impugned order as contained in case No. 9-24 dated 29-11-84 ......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. ......t High Court Division (Special Original Jurisdiction) Present: Mainur Reza Chowdhury J MA Aziz J Kajemuddin Miah (Md)………………………….Petitioner Vs. Bangladesh and others………………………….Respondents Judgment June 10, 1999. Lawyers Invol..Category: Property Law | Date: | Hits: 68
.....
Cases Referred to-
Anwar Hossain Chowdhury vs. Bangladesh, 41 DLR (AD) 41, British Railway Board –V- Pickin, 1974 AC 765, Muhammed Omar Khan-v-Crown, 5 DLR (WP Lahore) (1953) 73, State-v-Dosso, 11 DLR (SC) 1, Begum Nusrat Bhutto-v-Chief of Army Staff PLD) 1977 (SC) 657, Sindh High Court Ba...... persons guilty and sentenced them to suffer imprisonment for life and to pay fine of Tk.1000.00, or to suffer another period of rigorous imprisonment in default.
15. A Lieutenant Colonel, on a so called review, affirmed the conviction and then Lieutenant General Hussain Muhammed Ershad, as the C......e date of the commencement of the Constitution (Seven Amendment) Act, 1986 (Act 1 of 1986), should not be declared to be without lawful authority and is of no legal effect and, why a direction for re-trial of Kotowali P.S. Case No. 25 dated 24.12.1984, (corresponding G.R. No. 1676 of 1984), under Se......on)
Present:
AHM Shamsuddin Choudhury J
Sheikh Md. Zakir Hossain J
Siddique Ahmed……………..Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, P.S.-Ramna and District-Dhaka and others.....Resp..
Category: Constitutional Law | Date: | Hits: 482
Shan Hosiery Vs. Bangladesh Jatiya Shamabaya Shilpa Samity Ltd and others, 2002, 31 CLC (HCD)
....e every five years. Pursuant to such terms, on 25-3-1992 the lease was renewed for second period of five years at resettled rate of rent of Taka 30,001 and on further deposit of Taka 90,610. It was also stipulated that in case the plaintiff did not renew the lease further the defendants would refund......ing the plaint is hereby set aside and the learned Subordinate Judge is directed to proceed with 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......., it is now well established principle of law for safe guidance that the question of limitation is always a mixed question of law and facts, which can only be decided on evidence to be adduced at the trial of a suit. The finding on limitation as arrived at by the learned Subordinate Judge being not ......l Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J Shan Hosiery …………………………Petitioner Vs. Bangladesh Jatiya Shamabaya Shilpa Samity Ltd and others ……………………Opposite Parties Judgment January 28, 2002. Lawyers ..Category: Property Law | Date: | Hits: 31
Selim (Haji Md) Vs. Collector of Customs and others, 2001, 30 CLC (HCD)
....1998 (Annexure-1) was in force. At that time according to the 1st Schedule published, under section 18 of the Customs Act, the rate of customs duty on the questioned item was fixed at 37.5% Later on, some exemption was allowed as to import of the said item vide Annexure ‘D’, the SRO No. 108 date......ues before this court that proportion of percentage of the exemption may be increased but it cannot be decreased. 23. We have already stated that it is neither increasing nor decreasing. It can be called a withdrawal of the exemption. So, it is very much within the jurisdiction of the customs aut......r the reasons and discussions made above, we find no merits in these Rules. In the result, the Rules are discharged. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 287.......on (Special Original Jurisdiction) Present: Abu Sayeed Ahammed J Mirza Hussain Haider J Selim (Haji Md)………………………………. Petitioner Vs. Collector of Customs and others ………………..Respondents Judgment October 31, 2001. Cases Referred To- ..Category: Fiscal/Taxation Law | Date: | Hits: 62
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
....preemptors made the application for preemption by deposit of Taka 95,000 only together with compensation of Taka 9,500. To substantiate his claim, certified copies of 4 contemporaneous kabalas were also filed. If the valuation of the case was found to be more than one lakh, then the Court of Senior ......s not committed any error in rejecting the application of the petitioner. In the result, 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.......would not have the pecuniary jurisdiction to hear the preemption application. The application was seriously opposed by the pre-emptors. 4. The application was heard on 4-5-2000 and rejected by the trial Court being of the view that in the frame of the proceeding, there was no scope for the Court ......4 DLR (2002) 285...Category: Property Law | Date: | Hits: 28
....oard of Revenue, Peoples Republic of Bangladesh and others….……Respondents
Judgment
July 21, 1998.
Cases Referred To-
Commissioner of Sales Tax, Lahore Region, Lahore Vs. Messers Associated Hotel (India) Ltd. Lahore, 1969 PTD 490; G Lakshminarayana Vs. Commercial Tax Office, First......her particulars and such books of account and documents as he may require, determine the tax payable.
(4) If the return under sub-section (1) has not been sent or the books of account or documents called for under sub-section (3) have not been produced the Deputy Commissioner of Taxes shall make ......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.
......
(Special Original Jurisdiction)
Present:
Mahfuzur Rahman J
MA Aziz J
Nisha Rani Devi…………………Petitioner
Vs.
National Board of Revenue, Peoples Republic of Bangladesh and others….……Respondents
Judgment
July 21, 1998.
Cases Referred To-
Commissione..
Category: Fiscal/Taxation Law | Date: | Hits: 69
Tofazzal Hossain (Md) and others Vs. Momtaz Begum & others, 1999, 28 CLC (HCD)
....d under section 96 of the State Acquisition and Tenancy Act. The case of the pre-emptor, in short, is that Koran Ali was the owner of the case jote by way of inheritance and purchase. He died leaving son Bachchu Mia, three daughters namely Momtaz Begum, Samiran and Hazera Khatun in opposite party No......ng the judgment and order dated 30-1-97 passed by the Senior Assistant Judge, Saturia in the District of Manikganj in Miscellaneous (Pre-emption) Case No.5 of 1995, allowing the pre-emption have been called in question. 2. Broad facts leading to the case are that, opposite party No.1 as per-empt...... been paying rent to the Government Acquired Estate and, consequently, the pre-emptor is no longer a co sharer to the case jote and she is not competent to maintain the pre-emption case. 4. At the trial, the pre-emptor examined 3 witnesses and contesting opposite parties examined 4 witnesses and ....... Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 223...Category: Property Law | Date: | Hits: 31
Shah Alam (Md.) Vs. Abul Kalam and others, 2001, 30 CLC (HCD)
....aser. The purchaser is a stranger to the holding and he has not suffered any loss for the ex parte order allowing preemption. On 6-6-98 the preemptors got delivery of possession through Court. They also claim that the application is full of false assertions. 5. Only issue framed on the above case......e Judge at Noakhali must be held to be incompetent and without jurisdiction. We do not need to enter into the findings on service of summons or possession arrived at in such proceedings, which were uncalled for and are quashed. 21. In the result, the Rule is made absolute. No order as to costs. T......er the purchaser is entitled to any relief in accordance with law. 3 witnesses were examined on behalf of the purchaser while the preemptors examined 5 witnesses. 6. On the evidence on record, the trial Court has found that the purchaser lives in Abu Dhabi; that service upon his father-in-law is ......e Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J Shah Alam (Md.)………………….Petitioner Vs. Abul Kalam and others....………….Opposite Parties Judgment November 25, 2001. Cases Referred T..Category: Limitation Law | Date: | Hits: 175
Anil Kumar Ghosh Vs. Shamir Kumar Ghosh, 2001, 30 CLC (HCD)
.... type of Gawa Ghee started in 1992 but the commercial production of this item started in 1993. At that time several others were producing the same product having the same raw material from the common source. Therefore, to differentiate his Gawa Ghee from the rest of the manufacturers he has adopted ......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.......ing of the words “New Baghabari Khati Gawa Ghee” together with a scheme, design and get-up from the Registrar (Annexure B). 9. The opposite party No.1 applied for the mark in the year 1993 and trial production of this special type of Gawa Ghee started in 1992 but the commercial production of ......ection 46 of the Trade Marks Act, 1940 for rectification of the Register of Trade Marks by removal of the registered trade mark No. 38902 in class-29 from the Register are taken together as the facts and law points involved are similar. 2. The facts of Trade Mark Application No. 3 of 2000, as sta..Category: Intellectual Property Law | Date: | Hits: 200
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