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Protima Sen and others Vs. Chitra Rani Dey and another, 1999, 28 CLC (HCD)
....others…………………………...Petitioners Vs. Chitra Rani Dey and another…………………...Opposite Parties Judgment August 24, 1999. Result: The Rule is made absolute without any order as to cost. Section 4 of the Partition Act was enacted to afford a spec......of the order of the Court. Communicate the order to the learned Court below immediately for his information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 218. ......vil Petition for Leave to Appeal before the Appellate Division in Civil Petition No. 598 of 1996 but the same was ultimately dismissed by order dated 2-2-97. After the records of the suit reached the trial Court the plaintiff petitioners on 10-4-97 filed an application before the learned Subordinate......s Case is also Reported in: 52 DLR (HCD) (2000) 218. ..Category: Property Law | Date: | Hits: 42
Tanveerul Haque Vs. Unistar Shipping Limited and ors., 1999, 18 CLC (HCD)
....gainst the defendant petitioner and the defendant opposite party Nos. 3 and 4 praying for recovery of Taka 17,39,780,70 stating inter alia that both the plaintiff companies were constituted by six persons viz Mr. Muhammad Iqbal, Mrs. Rehena Iqbal, Mr. Mohammad Imtiaz, the Group A shareholders and th......int of Money Suit No. 31 of 1995 of the Subordinate Judge 2nd Court, Chittagong is hereby rejected. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 215.......plaint on the ground that the issue as to whether the petitioner is shareholder director and whether he is liable to contribute any amount beyond his share subscriptions should, be decided during the trial. 4. Mr. M Moniruzzaman Khan, the learned Advocate appearing for the petitioner, submits tha......Civil Revisional Jurisdiction) Present: Md. Tafazzul Islam J Gour Gopal Saha J Tanveerul Haque…………………………………………Petitioner Vs. Unistar Shipping Limited and ors……………Opposite Party Judgment July 20, 1999. Cases Referred To- Edward..Category: Company Law | Date: | Hits: 197
Dr. Mohiuddin Khan Alamgir Vs. Government of the People’s Republic of Bangladesh, 2010, 39 CLC (AD)
....anent citizen of Bangladesh by birth. He was a Presidium Member of Bangladesh Awami League. He was State Minister of Planning during the last Awami League Government. During the said period, he was also Minister in Charge for the Ministries of Civil Aviation and Tourism and of Science and Technology......arliament is of greater importance than settlement of private disputes. Moreover, Article 125 of our Constitution provides that no election to the offices of President or to the Parliament shall be called in question except by an election petition presented to such authority and, in such manner ...... rejection of nomination paper set aside in accordance with law, are of no consequence. The leave petition is accordingly dismissed. Ed. This Case is also Reported In: 62 DLR (AD) (2010) 425.......R (AD) 208; AFM Shah Alam Vs. Majibul Huq, 41 DLR (AD) 68; Mahmudul Haque (Md) Vs. Md Hedayetullah 48 DLR (AD) 128. Lawyers Involved: Rokonuddin Mahmood, Senior Advocate instructed by Bivash Chandra Biswas, Advocate-on-Record—For the Petitioner. Mahmudul Islam, Senior Advocate (Probir Ne..Category: Election Law | Date: | Hits: 127
Kalandiar Kabir Vs. Bangladesh and others, 2002, 31 CLC (HCD)
.... Md. Hamidul Haque J. - This Rule was issued calling upon the respondents to show cause as to why the detenu Shahriar Kabir now detained in Dhaka Central Jail, should not be brought before this Court so that it may satisfy itself that he is not being held in custody illegally and without any lawful ......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. ......is the observation of the Court: “The detaining authority cannot take recourse to two parallel and simultaneous proceedings nor can take recourse to a ground which is the subject matter of criminal trial”. There is another case reported in the same volume of AIR 1974 at 2154. This is the case of...... Ed. This Case is also Reported in: 54 DLR (2002) 258. ..Category: Constitutional Law | Date: | Hits: 195
Nure Alam and others Vs. State, 2002, 31 CLC (HCD)
....he learned Additional Sessions Judge, 1st Court, Tangail in Sessions Case No. 102 of 1991 convicting the appellants under sections 302/109 of the Penal Code and sentencing each of them to suffer imprisonment for life and to pay fine of Taka 5,000 each in default to suffer rigorous imprisonment for 2......ier in point of time. The same is the first information report and the subsequent first information report is a statement of witnesses to the police upon which no conviction can be recorded as the so-called first information report is absolutely inadmissible in evidence and, as such, the prosecution......ampur was a dacoit, who was killed by the local people. One murder case was started at the instance of his son against the informant of the instant case and some other villagers who were acquitted on trial and since then accused Nur-e-Alam, Razzaque, Joynal, Nur Islam and the brothers of deceased Nu...... Ed. This Case is also Reported in: 54 DLR (2002) 242. ..Category: Criminal Law | Date: | Hits: 42
Parimal Chandra & others Vs. Shaheda Begum and others, 1999, 18 CLC (HCD)
.... the suit by filing written statement denying all the material allegations of the plaint and contended, inter alia, that the suit is barred by limitation and it is bad for defect of parties. It has also been contended that the suit is barred under section 42 of the Specific Relief Act. It was furthe......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.......passed in Title Appeal No.31 of 1990 allowing the Review Case and setting aside the judgment delivered by it on 14-4-91 dismissing the appeal on contest and affirming the decree passed by the learned trial Court. 2. Short facts leading to the case are that, the appellants as plaintiffs instituted......s immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 206...Category: Procedural Law | Date: | Hits: 81
Bashiruddin (Md) Vs. Bangladesh and others, 1999, 18 CLC (HCD)
....d out at a low amount without making proper publicity and that he is willing to take lease of the fishery at an amount of Taka 5,20,000.00, that the Divisional Commissioner passed order in the appeal so filed suspending approval of the lease and that also made direction to place the matter before hi...... 6. Writ Petition No.1120 of 1999. Judgment Md. Ruhul Amin J. - This Rule has been obtained upon an application filed under Article 102(2) (a) (ii) of the Constitution. The respondents were called upon to show cause as to why the order dated 22-3-1999 passed by the respondent No. 2. Member......t of the petitioner is not a merited one. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 201.......2000) 201...Category: Property Law | Date: | Hits: 33
Mahbubul Huq (Md) Vs. Md. A Kader Munshi & others, 1999, 18 CLC (HCD)
....n the plaintiff. The plaintiff opposite party No.1 filed the suit being Title Suit No.17 of 1998 alleging, in short, inter alia, that the suit property belonged to Bani Amin and Arab Ali, the predecessors who were the recorded tenants of CS khatian, that during the revisional settlement operation th......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.......e further case of the plaintiff opposite-party No.1 in the present suit is that, the Bainama and Dakhalnama vide Exhibits. A and D filed by the defendants in the afore Title Suit No.45 of 1984 in the trial Court were taken back by them on 23-7-86 on application and certified copies of the same were ......gment August 10, 1999. Cases Referred To- Naeem Finance Limited & another Vs. Bashir Ahmed Rafique, Administrator, Muslim Insurance Co Ltd & another, 23 DLR (SC) 81; Shahabuddin (Md) and another Vs. Habibur Rahman and others, 50 DLR (AD) 99; Sreemati Pushpa Rani Das and another vs. ..Category: Property Law | Date: | Hits: 64
Khorshed Alam (Md) Vs. Subordinate Judge and Artha Rin Adalat No. 1 and others, 2001, 30 CLC (HCD)
....itioner and the respondent No. 1 i.e. executing Court, by order dated 18-8-99 allowed the application and fixed 30-11-99 for depositing the auction money and for further order. The respondent No. 1 also requested the petitioner to deposit auction money of Taka 1,01,000 within 30-11-99. On 22-11-99 t......ed 22-11-99 and 23-11-99 passed by the Subordinate Judge and Artha Rin Adalat No. 1, Sadar, Chittagong in Mortgage Execution Case No. 6 of 1997 contained in Annexures-E and E-1 respectively have been called in question. 2. The facts relevant for the purpose of disposal of this Rule are as follows......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. ......Division (Special Original Jurisdiction) Present: Md. Abdul Matin J Md. Marzi-ul-Huq J Khorshed Alam (Md)………………………………… Petitioner Vs. Subordinate Judge and Artha Rin Adalat No. 1 and others………………………Respondents Judgment November ..Category: Civil Law | Date: | Hits: 76
Elders Ltd. Vs. Sunil Chandra Chowdhury & another, 2002, 31 CLC (HCD)
....l registration of these marks they were renewed for a further period of 15 years with effect from 12-7-96. It is alleged that in the meantime KAS Dairies Ltd. (hereinafter called “the company”) also obtained registration of the similar mark from the Trade Mark Registry being Trade Mark No. C-570......rom 12-7-89 and after initial registration of these marks they were renewed for a further period of 15 years with effect from 12-7-96. It is alleged that in the meantime KAS Dairies Ltd. (hereinafter called “the company”) also obtained registration of the similar mark from the Trade Mark Registr...... sentence him to pay fine of Taka 2,000 (two thousand) only and in default to suffer simple imprisonment for a period of 15 (fifteen) days. Ed. This Case is also Reported in: 54 DLR (2002) 227. ......Court Division (Civil Statutory Original Jurisdiction) Present: Syed Amirul Islam J Sikder Maqbul Huq J Elders Ltd………………………………….Petitioner Vs. Sunil Chandra Chowdhury & another………………… Contemner-Opposite Parties Judgment Februar..Category: Intellectual Property Law | Date: | Hits: 181
Mafizul Hoq Bebu (Md) Vs. Majida Begum and others, 2001, 30 CLC (HCD)
....t of Subordinate Judge, and Artha Rin Adalat No. 1, the said suit was renumbered as Title Suit No. 175 of 1999. Her case, in short, was that the suit land originally belonged to one Anwarul Haque who sold the same to Mohammad Akhter on 18-10-1966. Akhter transferred the same to defendant No. 2 Meher...... Consequently, we do not find any merit in the Rule. In the result, the Rule is discharged without any order as to costs. The order of stay as granted at the time of issue of the Rule is hereby re-called and vacated. The learned Subordinate Judge is directed to dispose of the suit in accordance w......the learned Subordinate Judge rightly held that without taking any opinion from the expert, the issues for determination can be decided. 10. Furthermore, there is no legal authority which bars the trial judge from using his own eyes and looking at the admitted LTIs or signature along with dispute...... High Court Division(Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J Mafizul Hoq Bebu (Md)……….……………… Petitioner Vs. Majida Begum and others……………..Opposite Parties Judgment December 10, 2001. Lawyers Involved: ..Category: Property Law | Date: | Hits: 28
Sukurjan Bibi Vs. Chairman, Court of Settlement, Dhaka, 2001, 30 CLC (HCD)
...., is that the land measuring 1.31 square yards situated in the District of Dhaka, Police Station Old Tejgaon, now Mirpur, Plot No. 17, Road No. 2, Block No. E, section 1 was allotted to Mr. MA Salam, son of Dr. Md. Asadullah by a registered deed of Settlement No. 4811 dated 23-5-1962 for 99 years by...... accordance with law after giving reasonable opportunity to the parties of being heard and also adducing evidence both oral and documentary. Ed. This Case is also Reported in: 54 DLR (2002)215. ......ettlement is not empowered to dismiss a case for default. The law requires a decision on the issues raised and the same having not been given the case must be sent back to the Court of Settlement for trial. 5. Mrs. Reba Kaniz, the learned Assistant Attorney-General appearing for the respondent, f......bi …………..Petitioner Vs. Chairman, Court of Settlement, Dhaka………….Respondent Judgment June 18, 2001. Cases Referred To- Shamim Begum vs. Chairman Court of Settlement and others 52 DLR 456; Chand Miah Talukder vs. Chairman, Court of Settlement, Dhaka and others 45 DL..Category: Property Law | Date: | Hits: 37
Kashem Vs. State, 2001, 30 CLC (HCD)
....witnesses did not support the prosecution case, the learned Special Tribunal was not at all justified in convicting and sentencing the accused appellant on the basis of the evidence of only police personnel and, as such, the impugned order of conviction and sentence is not sustainable in law. The le......the learned Special Tribunal, Kishoregonj in Special Tribunal Case No. 63 of 1995 is affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)212. ...... On returning to the Thana, he lodged a regular ejahar. 4. The police after usual investigation submitted charge-sheet against accused Kashem under section 19(A) (f) of the Arms Act, 1978 to stand trial before the Court. 5. Upon the aforesaid allegations, the accused appellant was put on trial......For the Appellant. AQ Rashid Ahmed, Assistant Attorney-General—For the State. Criminal Appeal No. 1626 of 1996. Judgment Gour Gopal Saha J.- This appeal is directed against the judgment and order dated 29-9-96 passed by the Special Tribunal No. 5, Kishoregonj in Special Tribunal Case N..Category: Criminal Law | Date: | Hits: 37
Jiban Bima Corporation represented by its MD Vs. Md. Mohibul Majid and another, 1999, 28 CLC (HCD)
....t Judge, Dhaka for execution of the decree, alleging inter alia that the decree of permanent injunction having been passed against the defendants, and it being binding upon them they were willfully disobeying injunction for which they are liable for action under Order 21 rule 32(1) of the Code of Ci...... within 3 months from the date of receipt of the order. Communicate the order to the leaned Assistant Judge, 4th Court, Dhaka at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 186. ......cost and the impugned order dated 10-8-89 passed by the learned Assistant Judge, 4th Court, Dhaka in Title Execution Case No. 2 of 1987 is set aside and the case is sent back on remand to the learned trial Court for a fresh hearing of the case after directing an enquiry as to whether there has been ......High Court Division (Civil Revisional Jurisdiction) Present: Gour Gopal Saha J Jiban Bima Corporation represented by its MD…………………….Petitioner Vs. Md. Mohibul Majid and another…………………………………….Opposite Parties Judgment March 23, 199..Category: Procedural Law | Date: | Hits: 79
Idris alias Jamai Idris Vs. State, 2000, 29 CLC (HCD)
....n 31-8-96 against five accused. Subsequently, further investigation was held 6 the Police on the order of a superior officer and a supplementary charge-sheet was submitted against the four accused persons including the present petitioner. Mr. Sobhan has also argued that there is no provision for sub......n also cannot be a ground for quashing the proceedings against the present petitioner. The application is, thus, summarily rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 184.......73 of the Code has not provided for any permission from the concerned court for holding further investigation or for receiving further Police report. The provision is very clear. Before conclusion of trial, the investigating officer may send further report if new and important evidences are availabl......f the thana concerned. He further submits that charge-sheet was submitted on 31-8-96 against five accused. Subsequently, further investigation was held 6 the Police on the order of a superior officer and a supplementary charge-sheet was submitted against the four accused persons including the presen..Category: Procedural Law | Date: | Hits: 65
Joynal Bhuiyan & another Vs. State, 2000, 29 CLC (HCD)
....85 passed by Mr. AKM Sadeque, Sessions Judge, Tangail in Sessions Case No.111 of 1984 convicting appellant No.1 Joynal Bhuiyan under section 302 of the Penal Code and sentenced him thereunder to imprisonment for life and convicting appellant No.2 Sultan Ali Bhuiyan under section 201 of the Penal Cod......er, Tangail are hereby directed to take necessary steps to apprehend allellant No. 2 Sultan Bhuiyan Send down the records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 179. ......al Procedure and submitted charge sheet against both the accused persons under sections 302/182 of the Penal Code after completion of investigation and the accused were sent to the Sessions Court for trial. 4. The trial Court framed charge under sections 302/34 of the Penal Code against both the ......—For the Appellants. Shueb Ahmed, Assistant Attorney-General—For the State. Criminal Appeal No. 148 of 1985. Judgment Md. Abdul Aziz J. - This appeal is directed against the judgment and order of conviction and sentence dated 25-5-85 passed by Mr. AKM Sadeque, Sessions Judge, Tangai..Category: Criminal Law | Date: | Hits: 28
State Vs. Moslem, 2002, 31 CLC (HCD)
.... AK Badrul Huq J Md. Abdul Hye J State……………………………………………….….Appellant Vs. Moslem…………………………………………..….Condemned Prison Judgment October 30, 2002. Cases Referred To- Abdus Samad Vs. State, 16 DLR (SC) 26...... Salam, PW 2 went to the village Goalkhali under Keraniganj Police Station and caught hold of accused Moslem and brought him to paternal house of A Salam, PW 2 and local Chowkider Tara Mia, PW 10 was called and Moslem was handed over to him. Tara Mia, PW 10 then handed over Moslem to local Chairman ......old innocent and helpless minor girl was ravished and, thereafter, killed. Salma will be described as victim of crime in this Judgment. Moslem had been depicted as the rapist and killer. Moslem faced trial before Nari-o-Shishu Nirjatan Daman Bishesh Adalat, Manikganj (hereinafter referred to as Bish......………..….Condemned Prison Judgment October 30, 2002. Cases Referred To- Abdus Samad Vs. State, 16 DLR (SC) 261; Tulsi Gangota Vs. Emperor, 34 Criminal Law Journal 395; Hazer Ali Mandal and others Vs. State, 37 DLR (AD) 87; Nazir and Others Vs. State, PLD 1962 (SC) 269. Lawyer..Category: Criminal Law | Date: | Hits: 82
....d by the aforesaid notice the petitioner served a legal notice to the respondents demanding justice by way of rescinding the decision of the aforesaid impugned notice by Annexures ‘A’ and ‘B’ so far it relates to the petitioner but of no effect. Hence the petitioner filed this Writ Petition ......1-1982.
9. Section 4 runs as follows:
“4.Nikah Registrars.— For the purpose of Registration of marriages under this Act, the Government shall grant licences to such number of persons, to be called Nikah Registrars, as it may deem necessary for such areas as it may specify:
Provided that......
The power filed by Mrs. Sufia Khatun, the learned Assistant Attorney-General, on behalf of the respondent, be kept with the record.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 168.......risdiction)
Present:
Qazi Shafiuddin J
Md. Abdul Aziz J
Ahsan Ullah (Md).....................................Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Law and Justice and others…………Respondents
Judgment
June 30, 1998.
Case Referred To-
..
Category: Employment/Service Law | Date: | Hits: 76
Abu Ashed Bhuiyan and Others Vs. Abu Taher Bhuiyan & others, 2000, 29 CLC (HCD)
....0th Kartick, 1344 BS and father of the defendant Nos. 1-9 Abu Sufian put his signature on the hukumnama as a witness. It is stated in the plaint that Abu Sufian was a clever and never owner and possessor of the suit land and he in collusion with the settlement clerk managed to record his name in SA ......ourt to interfere with the judgment and decree complained of. In the result, the Rule is discharged. There shall be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 209. ...... title as well as possession while defendants could not prove their title and possession in the suit land. Accordingly, the learned Subordinate Judge concurred with the findings of fact arrived at by trial Court and dismissed the appeal. Against the aforesaid judgment and decree of the Court of appe......as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 209. ..Category: Property Law | Date: | Hits: 23
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
.... No. 31 of 1992 arises out of Judgment and order dated 18-3-1990 passed in ITA No. 3359 of 1982-83 (Assessment Year 1977-78) by the Taxes Appellate Tribunal. Reference Application No. 32 of 1992 is also directed against the Judgment and order dated 18-3- 1990 passed in ITA No. 3360 of 1982-83 (Asses......e applications the Taxes Appellate Tribunal treated the aforesaid corporations as Local Authority and exempted them from paying taxes under section 4(3) (iii) of the Income Tax Act, 1922 (hereinafter called the Act) and the Revenue Department preferred these reference applications challenging the le...... or locality to exercise heir authority to carry on their activities. The learned Deputy Attorney-General further submits that from a perusal of the provisions of section 10(2) of the Bangladesh Industrial Enterprises (Nationalisation) Order, 1972 it is clear that a corporation brought into existenc......d Abdur Rahim Bhuiyan, Assistant Attorney-General— For the Respondent. (In Reference Application Nos. 27 to 32 & 34 to 36 of 1992). Reference Application Nos. 222, 223, 224 & 225 of 1991 and Nos. 27-32 & 34-36 of 1992. Judgment Syed Amirul Islam J.- As common question of law i..Category: Fiscal/Taxation Law | Date: | Hits: 94
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