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Universal Pharmaceutical Ltd. and another Vs. Social Marketing Company, 1997, 26 CLC (AD)
....ts copyright. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 92. ......eration, any prima facie findings or observations made in the interlocutory orders. 8. Khandker Mahbubuddin Ahmed submits next that the plaintiff-respondent having claimed a certain amount as monetary compensation in the suit the Courts below committed an error of law in passing a......s have passed by since the suit was filed. If the plaintiff is found entitled to compensation at the rate asked for it will reach an astronomical amount and therefore it is poor defence to say that money relief will be adequate for plaintiff. If the Courts are prima facie satisfied that there ha..Category: Intellectual Property Law | Date: | Hits: 242
Solaiman (Md) Vs. Sufia A. Alam being dead, her heirs Narjesa Rahamatullah & ors., 1995, 24 CLC (AD)
....he learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ......t denying the material allegations. Defendant No. 1’s case is that, no notice of attornment was served upon him either by the plaintiff or by her mother, rather her mother continued to withdraw the amount of rent which he deposited in the court of Rent Controller. He further claims that in l973 Ri......he learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ..Category: Tenancy Law | Date: | Hits: 78
Nurul Huq alias Md. Nurul Hoque Vs. State, 1997, 26 CLC (AD)
....nd justly upheld the judgment of the trial Court. We find no reason to interfere therewith. This petition is therefore dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 88. ......Tax Collector Nurur Rahman Khan (co-accused) by putting his signatures on the back of the receipts Ext. 3, series but deposited with the Bank Taka 40,654,61 paisa only and misappropriated the balance amount of Taka 3,053.42 paisa and thereby committed the offence hereinabove. 3. It is contended ......and thereby committed the offence hereinabove. 3. It is contended by the learned Counsel for the petitioner that the signatures of the Petitioner in Ext.3 series as token of acknowledgment of the money from Nurur Rahman Khan were not examined by any handwriting expert and therefore the High Cour..Category: Criminal Law | Date: | Hits: 95
Shahajadpur Central Co-operative Bank Ltd. Vs. Majibur Rahman and others, 1997, 26 CLC (AD)
....laintiff’s application for amendment of the plaint is allowed. The trial Court shall proceed with the suit in accordance with law. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 86. ......determining the real question in controversy. The proposed amendments for recovery of possession in a suit for declaration of title will end all pending controversies between the parties and will not amount to change in the nature and character of the suit…………….(9) Lawyers Involved: ......laintiff’s application for amendment of the plaint is allowed. The trial Court shall proceed with the suit in accordance with law. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 86. ..Category: Property Law | Date: | Hits: 83
Moulvi Md Khurshid Alam Vs. Bangladesh, 1997, 26 CLC (AD)
....vernment’s powers under section 4 of the Act is concerned. This petition, thus, merits little consideration. It is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 82. ......tion 4 The Muslim Marriage and Divorces (Registration) Rules, 1975, Rule 10 (2) Appointment of a new Nikah registrar on curtailment of one union from the jurisdiction of the petitioner does not amount to revocation of his licence for that union but is manifestly an order of curtailment of the ......vernment’s powers under section 4 of the Act is concerned. This petition, thus, merits little consideration. It is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 82. ..Category: Employment/Service Law | Date: | Hits: 137
Moon Garments Industries and others Vs. Janata Bank, 1997, 26 CLC (AD)
....inding of the High Court Division that the writ petition was misconceived. And so is this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 72. ......inding of the High Court Division that the writ petition was misconceived. And so is this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 72. ......inding of the High Court Division that the writ petition was misconceived. And so is this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 72. ..Category: Civil Law | Date: | Hits: 137
Bangladesh Vs. AM Mansur Ahmed & others, 1997, 26 CLC (AD)
.... without any order as to costs and the orders of the Administrative Tribunal and the Administrative Appellate Tribunal be set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 65. ......n respondent No. 1. 5. Appearing in support of the appeal the learned Additional Attorney-General submitted that respondent No. 1 was found guilty of charges of corruption, insubordination, etc. amounting to misconduct spreading over a number of years at different stations where he was posted. ......leque, a Fireman, for more than a year on account of his personal grudge and thus harassed a poor employee of the department. The sixth charge established is that he had spent a substantial amount of money towards contingency expenditures for purchasing fuel and maintenance of the vehicles. The seve..Category: Administrative Law | Date: | Hits: 145
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ......ment, contentions were raised, bitter at times, as to the unacceptability of the contending parents seeking custody of the children. There was, however, agreement on one point that nothing is more paramount, not even the rights of the parties under the rules of personal law or statutory provisions, ......Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ..Category: Family Law | Date: | Hits: 250
Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)
....id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ......ered into a contract with the plaintiff for sale of the same to him in October 1970 at a consideration of Taka 10,000.00. Defendant Nos. 1-2 executed a bainapatra on 15-11-70 on receipt of an advance amount of Taka 8,000.00 with a promise to execute the deed of sale within 6 months after procuring n......try without executing and registering the kabala. They returned to the country in 1972 and got themselves rehabilitated. As the defendants were lacing economic trouble they took further consideration money of Taka 1500.00 and executed another bainapatra dated 31-3-73 and promised to execute and regi..Category: Property Law | Date: | Hits: 86
Hasna Banu & others Vs. Keamat Ullah Malitha and others, 1997, 26 CLC (AD)
.... Court on the question of limitation and decreed the suit. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 50, 18 BLD (AD) 10. ...... Court on the question of limitation and decreed the suit. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 50, 18 BLD (AD) 10. ......and defendant No. 1 agreed to purchase the same at the highest market price and that the plaintiff went a Bheramara Sub-Registrar’s Office on her own will and that after receiving the consideration money she executed and registered the kabala. The suit is liable to be dismissed. 4. The trial C..Category: Procedural Law | Date: | Hits: 154
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
.... to exclude certain specified matters from the ambit of consultation with the Public Service Commission by making Regulations whereas, in the Bangladesh Constitution consultation in all respects as a whole was subject to Regulations made by the President which were, however, subject to law that may ......Commission but cannot dispense with the requirement of consultation altogether in respect of any service of the Republic including the posts of Deputy Secretary, Joint Secretary and above, which will amount to making a subordinate legislation varying and changing the provision of the Constitution it......d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ..Category: Constitutional Law | Date: | Hits: 185
Islam Steel Mills Ltd. Vs. Nirman International Ltd. and others, 1998, 27 CLC (AD)
.... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ......nter alia, that the cheque issued by the respondent was dishonored and they failed to make payment of the dues, that respondent Nos. 1 and 2 were trying to close their business without paying the due amount of the plaintiff, that respondent Nos. 1-3 had done construction work in various organisation...... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ..Category: Procedural Law | Date: | Hits: 134
Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)
....ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ......para Parbata Land; that the said suit was decreed in 1986; that after the decree she withdrew Taka 11,00,000.00 in two installments from Agrani Bank for the FDR for Taka 7,00,000.00; that out of this amount she deposited Taka 2,00,000.00 with that Agrani Bank in the name of her two minor daughters; ......at at this stage respondent No. 1 Mr. Khawja Abdul Gani who is also cousin (Fufata Bhai) unsolicitingly came and offered to help her; that she went to Agrani Bank respondent No. 1 for withdrawing the money but bank authority asked them to obtain a decree establishing her right to the money following..Category: Others | Date: | Hits: 105
Mansur Ali Sikder Vs. Kanailal Banaajee & others, 1997, 26 CLC (AD)
....committed any error of law leading to a failure of justice. No interference is therefore called for. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 14. ......committed any error of law leading to a failure of justice. No interference is therefore called for. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 14. ......ly rental of Taka 300.00 and that he subsequently entered into an agreement with him for sale thereof at a consideration of Taka 55,501.00 out of which Taka 50,001.00 had already been paid as earnest money. 2. Defendant No. 3, on the other hand, pleads that Kunja Lal left another son named Ranger..Category: Property Law | Date: | Hits: 82
Moslemuddin (Md) and others Vs. Md. Jonab Ali and another, 1997, 26 CLC (AD)
....ng with the judgment of the appellate Court, which we uphold. This appeal is, accordingly, dismissed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 13; 17 BLD (AD) 328. ......h. Defendant No. 1 made over possession to the plaintiffs of the cultivable portion of the homestead. The defendant, however, refused to execute and register the kabala deed on receipt of the balance amount within Aswin, 1385 BS as stipulated in the oral agreement. 3. Defendant No. 1 denies the ...... 2. The subject matter of the suit is a parcel of land measuring .49 acre owned by defendant No. 1. Jonab Ali who has his homestead thereon. The plaintiffs claim that defendant No. 1 who needed money for purchase of land at mouza Bangola in order to shift his homestead there from proposed to s..Category: Property Law | Date: | Hits: 88
Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)
....realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for. Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ......rdingly the plaintiff supplied those items to defendant Nos.2 and 3 who acknowledged receipt of the same issuing a certificate on 18-11-1996, Plaintiff sent his bill to defendant No.4 for those items amounting to US $ 4,289.67. Defendant No.2 requested the plaintiff for supply of food (provisions) a......urisdiction the High Court Division was wrong in dismissing the suit.” “That the High Court Division having itself noted the oral evidence of DWI that ‘DW l has stated that the money that was deposited with the bank was furnished by the owner of the vessel” and there bei..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Hosne Ara Begum and another Vs. Islami Bank Bangladesh Limited, 2000, 29 CLC (AD)
....ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ......ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ......ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ..Category: Business or Commercial Law | Date: | Hits: 148
Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)
....missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ......missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ......uestion. 3. The defendants contested the suit by filing a joint written statement stating, inter alia, that the plaintiff voluntarily executed and registered the deeds receiving the consideration money and she prescribed the deeds before District Registrar Dhaka and admitted execution of the dee..Category: Civil Law | Date: | Hits: 162
State Vs. Nurul Islam, 2006, 35 CLC (AD)
....esh Ali kabiraj of village Putia, Police Station Bhedorganj, District, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned. Ed ......lice Station and the informant with his force arrived on the spot and the people handed over the accused respondent to the police along with the revolver and black reksin bag containing the said amount of money and other valuable articles therein. 3. The informant, arrested the acc......on and the informant with his force arrived on the spot and the people handed over the accused respondent to the police along with the revolver and black reksin bag containing the said amount of money and other valuable articles therein. 3. The informant, arrested the accused respo..Category: Criminal Law | Date: | Hits: 106
Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)
....cquiescence operates by way of estoppel. It is acquiescence in such circumstances that assent may reasonable be inferred, and is an instance of estoppel by words or conduct. Consequently, if the whole circumstances are proper for raising this estoppel, the party acquiescing cannot afterwards co......31. The concept reasonable expectation has imposed a duty on the public authority to act fairly by taking into consideration all relevant factors relating to the expectation as the denial of it would amount to denial of the right guaranteed or secured and would lead to arbitrary, unfair or discrimin......le of equity and good conscious. In the result, this appeal is dismissed without an order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ..Category: Administrative Law | Date: | Hits: 130
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