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Sunil Chandra Chowdhury Vs. Elders Limited and another, 2011, 40 CLC (AD)
....pt of Court and sentencing him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ......pt of Court and sentencing him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ......2-2002 passed by the High Court Division in Contempt Petition No.03 of 2001 arising out of Trade Mark Application No.1 of 2001 holding the appellant guilty of the Contempt of Court and sentencing him to pay a fine of Taka 2,000 in default, to suffer simple imprisonment for 15 (fifteen) days. 2....... appellant had no intention to show any disregard to the authority and dignity of the Court, rather he had all sincerity and bona fide in disposing of those rectification cases in accordance with law and that before proceeding with those cases he, by questioning the learned Advocates of the part..Category: Intellectual Property Law | Date: | Hits: 270
....ted earlier by this court stands vacated.
Communicate the judgment to respondent No.2 at once.
Md. Emdadul Huq J. - I agree.
This Case is also Reported in: 64 DLR (HCD) (2012) 116.
......it was disposed of ex parte decreeing the suit in terms of the impugned Order No.55 dated 22.06.2010. In such circumstances calling out the petitioners would be a fracial and unnecessary exercise and accordingly the Adalat did not record the word “ডাকিয়া” in that order.
21. ......……………………………………petitioners
Vs.
The Government of People’s Republic of Bangladesh and others…………Respondents
Judgment
June 1, 2011.
Cases Referred to-
Md. Arfan Uddin Akand with Mr. Kamal Uddin Akand Vs. Joint District Judge and Arth......ause as to why the Order No.55 dated 22.06.2010 passed by the respondent No.2, the Artha Rin Adalat No.4, Dhaka in Artha Rin Case No.153 of 2009 should not be declared to have been passed without any lawful authority and is of no legal effect and/or such or further order or orders passed as to this ..
Category: Civil Law | Date: | Hits: 147
State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
.... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ...... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ......………………….Appellant Vs. The State…………………………………………………………………..Respondent Judgment November 12, 2009. Cases Referred to- Shibu Pada Acharjee Vs. State 56 DLR (HC), 285;State Vs. Moslem 55 DLR, 116; Salauddin Vs. th......e and sentencing them to death. 9. It is to be mentioned here that convict-Saiful Islam and A. Jalil alias Simul were all along absconding during trial and they were defended by the state defence lawyer and still they are absconding and also in this Court they have been defended by the State def..Category: Criminal Law | Date: | Hits: 82
Subodh Ranjan and others Vs. State, 1993, 22 CLC (HCD)
....nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521.......nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521....... AKM Sadeque J Mahfuzur Rahman J Subodh Ranjan and others……….. Accused Appellants Vs. State .......................... Respondent Judgment June 24, 1993. Cases Referred to- Niamat (a) Chacha Katta Vs. Summary Military Court No.2 and another, 1979 PLD (Lahore) 279; P......ongst them 2 were seizure list witnesses. He also stated that in 'Lutfa house' there are 5/6 rooms possessed by Narayan Master on rent and the accused appellants are his relations and that there is a lawn by the side of the gate of 'Lutfa House' and to its north there is a ‘Puja Ghar' or temple. H..Category: Criminal Law | Date: | Hits: 75
SM Naimul Hoque Vs. Additional Deputy Commissioner (City) Dacca and others, 1981, 10 CLC (HCD)
....que, the present petitioner herein forthwith. With the aforesaid direction this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 520.......ertified copy of the relevant papers in the proceeding including the order sheet of the prescribed authority to enable the aggrieved party concerned to file an appeal or take further legal proceeding according to law. Thus the impugned order passed by the Additional Deputy Commissioner of Dacca dis......ditional Deputy Commissioner of Dacca passed on 17.4.79 dis‑allowing the petitioner's application for a certified copy of the order passed in a proceeding under Article 15 of PO 16 of 1972 relating to a house at holding No. 8/2 of Block ‘A’, Aurangzeb Road, Mohammadpur Housing Estate, Dacca. ...... of the relevant papers in the proceeding including the order sheet of the prescribed authority to enable the aggrieved party concerned to file an appeal or take further legal proceeding according to law. Thus the impugned order passed by the Additional Deputy Commissioner of Dacca dis‑allowing th..Category: Property Law | Date: | Hits: 65
Ansar Ali Vs. Yeasin Mea and others, 1993, 22 CLC (HCD)
....ft out who are necessary parties in the suit. On that date plaintiff also filed another petition for withdrawal of the suit from the list of peremptory hearing and the learned trial Court for ends of justice allowed the prayers of the plaintiff subject to payment of Tk. 1000.00 as CP Costs and fixed......acated. The learned trial Court is hereby directed to conclude the trial expeditiously preferably within 3 (three) months from date. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 517.......risdiction) Present: Mahfuzur Rahman J Ansar Ali……………….Petitioner Vs. Yeasin Mea and others……………..Opposite Parties Judgment July 27, 1993. Case Referred to- Md. Shamsul Huda Vs. Mozammel Hoque, 26 DLR 319. Lawyers Involved: Khondker Saiful Hoqu......eal on contest affirming the order passed by the trial Court. 5. Mr. Khondker Saiful Hoque, the learned Advocate for the petitioner, submitted that the learned District Judge committed an error of law in not at all considering that the trial Court rejected the application without considering the ..Category: Procedural Law | Date: | Hits: 68
.... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside.
In the result, the appeal is allowed.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 512.
......d in such assets, or in the due administration thereof forthwith direct the Administrator General to collect and take possession of such assets, and to hold, deposit, realize, sell or invest the same according to the directions of the Court and in default of any such direction according to the provi......
High Court Division
(Civil Appellate Jurisdiction)
Present:
Mainur Reza Chowdhury J
Hemendra Lal Homoeopathic Databya Chikitshalay and another………Appellants
Vs.
The Administrator General and Official Trustee...................Respondent
Judgment
January 16, 1991.
La......iled by the appellant No.2 being suit No. TS No.56 of 1986. The question in the Court of Munsif, Manikganj to be decided in this appeal is whether the District Judge, Manikganj has jurisdiction under law to appoint the Administrator General and Official Trustee as the Trustee of Hemendra Lal Homocop..
Category: Trust/Waqf Law | Date: | Hits: 183
....answer the question Nos. 4 and 5 in the affirmative and against the assessee.
The parties are left to bear their respective costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 510.
......answer the question Nos. 4 and 5 in the affirmative and against the assessee.
The parties are left to bear their respective costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 510.
......Supreme Court
High Court Division
(Special Original Jurisdiction)
Present:
AM Mahmudur Rahman J
Syed JR Mudassir Hosain J
Bangladesh Service Limited having its office at Dhaka Sheraton Hotel, 1 Minto Road, Dhaka…………………Applicant
Vs.
The Commissioner of Taxes, Dh......ion vested in the Government and was subsequently transferred to the applicant, and as such, the applicant as a successor in interest to the Government was entitled to depreciation in accordance with law under section 10(2) (vi) of the Act for the period in question."
2. In view of our judgment i..
Category: Fiscal/Taxation Law | Date: | Hits: 139
State Vs. Sree Ram Krisna Nath (Ram Babu) and another, 2011, 40 CLC (AD)
....ompliance of the Court’s order. Let a copy of this judgment alongwith all the records be transmitted also to the Court of Cognizance Magistrate, Chittagong. Ed. This Case is also Reported in: ......ged, the submission of the charge-sheet upon a second F.I.R. arising out of the self same occurrence was malafide and calculated to victimize and harass the accused-petitioner (respondent herein) and accordingly quashed the proceedings. We also do not find any legal basis for the informant to fi...... The State…………………………………………………………………………Appellant Vs. Sree Ram Krisna Nath (Ram Babu) and another……... Respondents Judgment October 12, 2011. Case Referred to- Abdus Salam Master alias Salam and another Vs. The State, 36......ranted to consider-whether a proceeding could be quashed under section 561A of the Code of Criminal Procedure before cognizance was taken and also to consider-whether the High Court Division erred in law in making the Rule absolute thus quashing the proceeding without taking evidence where an offenc..Category: Criminal Law | Date: | Hits: 83
Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)
....viewing the earlier order was maintainable. 16. The power of transposition as provided under Order 1 rule 10, sub-rule (2) of the Code of Civil Procedure should be exercised, for the ends of justice if is required to transfer from one side to another. On the other hand the r......rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96. ......ossain J Abdur Rahim…………………………………………Petitioner Vs. Momotaz Begum and others……………....Opposite parties Judgment July 27, 2011. Cases Referred to- Nizamuddowla Vs. Nurul Islam and ors. 22 DLR 277; Ramizuddin Miah Vs. Jarimunnessa and o......e defendant No. 4 transferred some portion of land to defendant No. 5. In the first part of May, 2007, at the instance of the husband of the defendant No.1, she brought the plaintiff in her father-in-law’s house. On 13.05.2007 the defendant No.1 and her husband gave proposal to the plaintiff to go..Category: Limitation Law | Date: | Hits: 219
Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)
....t properly applying its judicial mind into the facts and circumstances of the case and law bearing on the subject and the same has resulted in an error in the impugned decision occasioning failure of justice. 24. In the result, the Rule succeeds. The impugned judgment and order dated 3.02.2010 p......elow are liable to be set aside. 9. Mr. Probir Halder, the learned Advocate appearing for the opposite party No.1, on the other hand, supports the impugned judgments of two Courts below which were according to him just, correct and proper. He submits that the pre-emption should not be refused on ......in Molla…………………………………….......Petitioner Vs. Abdur Rahman and others………………………..Opposite-parties Judgment November 22, 2011. Cases Referred to- 33 DLR (AD) 113; 31 DLR (AD) 89; Ashini Kumar Karmakar being dead his heirs Vs. Hari Mohan Sh......y filing written objection stating that the pre-emption application is not maintainable in its present form and manner mainly on 3(three) counts that; (i) the pre-emption case is hopelessly barred by law of limitation inasmuch as the pre-emptor had the knowledge of the sale from the very beginning o..Category: Property Law | Date: | Hits: 62
Md. Nazimuddin Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....t the case before the Administrative Tribunal was barred by limitation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ......inistrative Tribunal Act. The petitioner, Nazimuddin, was appointed as Workmistri on 04.12.1972 and he wrote his date of birth as 08.04.1952 and swore an affidavit in support of his date of birth and accordingly his date of birth was written in his service book as 08.04.1952 instead of 08.04.1947 wh......………………………………………………….Petitioner Vs. Government of Bangladesh and others…………………..Respondents Judgment August 25, 2011. Cases Referred to- Canada Sugar Refining Co V.R (1898) AC 735; Sultana Begum Vs. Prim Chand, AIR 1997 SC 1006. ......s and the disputed affidavit, the authority finalized the petitioner’s date of birth as 09.08.1947. 11. The findings of the Administrative Appellate Tribunal are based on proper appreciation of law and fact. 12. We would like to give more explicit reply to the questions raised by the learn..Category: Administrative Law | Date: | Hits: 196
Kazi Abdul Awal Zewar Rashid Vs. Dhaka Municipal Corporation and another, 1990, 19 CLC (HCD)
....t his report within fifteen days from appointment. The stay granted earlier is thereby vacated. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 509. ......t his report within fifteen days from appointment. The stay granted earlier is thereby vacated. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 509. ...... Civil Procedure and is directed against an order dated 8.11.89 passed by the learned Subordinate Judge, 1st Court, Dhaka in Title Suit No.581 of 1985 rejecting an application for local investigation to ascertain the suit property. 2. The petitioners as plaintiff instituted Title Suit No.581 of 1......ecessity. It was necessary to resolve the dispute and for that matter it was even necessary for the Court itself to understand the pleadings of the parties and to decide the matter in accordance with law and not on pious wishes, surmises and conjectures. The Court has a discretion in passing such an..Category: Property Law | Date: | Hits: 71
....Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 502....... and order dated 31.10.90 passed by the Court of Assistant Judge in Title Suit No.12 of 1990 and afterwards filed an application on 28.4.91 stating that he did not want to proceed with the appeal and accordingly the District Judge dismissed the appeal for non‑prosecution by his order dated 28.4.91......………Petitioner
Vs.
Nagendra Mahisya Das, Secretary, Nijkurua Matsyajibi Samabaya Samity Ltd. and others………………Represented.
Judgment
December 12, 1991.
Cases Referred to-
Hussain Bakhsh Vs. Settlement Commissioner Rawalpindi, 1970 PLD (SC) 1; Sabitri Takurani Vs. ......aid order dated 18.6.90 and 19.6.90 passed by the Upazila Nirbahi Officer annexed to the writ petition as Annexures‑“T” and "J" respectively should not be declared to have been made without any lawful authority and to be of no legal effect. A copy of the Writ Petition No.2551 of 1990 with anne..
Category: Civil Law | Date: | Hits: 87
Commissioner of Taxes Vs. Md. Hasanuzzaman, 1993, 22 CLC (HCD)
.... costs. This order shall govern both the reference application Nos. 3 and 4 of 1989. We return the references with the above answer. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 500....... costs. This order shall govern both the reference application Nos. 3 and 4 of 1989. We return the references with the above answer. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 500.......ce application Nos. 3 and 4 of 1989. We return the references with the above answer. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 500.......Reference under section 66(1) of the Income Tax Act, 1922, is at the instance of the Commissioner of Taxes, Dhaka (West) Zone, Dhaka. By this reference the department refers the following question of law for our decision: (1) Whether the Taxes Appellate Tribunal is justified in annulling the asse..Category: Fiscal/Taxation Law | Date: | Hits: 98
....ion under Article 102 of the Constitution.
In view of our aforesaid discussion, we discharge the Rule without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 498.......y law to do. In this case the respondents did not refrain themselves from doing any act which was required to be done by any law. The expression "Law" is defined under Article 152 of the Constitution according to which "Law" means any act, ordinance, order, rule, regulation, bye‑law, notification ...... of Bangladesh and others.........................Respondents
Judgment
April 28, 1991.
Lawyers Involved:
Khademul Islam Chowdhury, Advocate ‑ For the Petitioners
Hasan Arif, Deputy Attorney‑General with Delwar Hossain, Assistant Attorney‑General ‑ For the Respondents.
Writ ......en called upon to show cause as to why the eviction of the petitioners on 19.8.1985 without providing for alternative plots for their rehabilitation should not be declared to have been passed without lawful authority and is of no legal effect and why they should not be directed to provide plots to t..
Category: Property Law | Date: | Hits: 79
Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)
....ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ......judgment.” 20. In the case of Jogendro Deb Roy Kut Vs. Funindro Deb Roy Kut, (1870-72) Moo Ind App 367 it was held as under: “If such a suit, as the first suit, was brought here and tried according to the law of this country there could not be a pretence for saying, that the judgment in ......lam Chowdhury…………………………………….Appellant Vs. Morshedul Alam and Others………………………………Respondents Judgment July 20, 2011. Cases Referred to- Bihar and others Vs. Sri Radha Krishna Singh and others, AIR (1983) SC, 684; John Cockrane Vs......f the facts and documents on record as an appellate Court failed to take notice of Exhibit-(M-2), the judgment and decree passed in the appeal being First Appeal No.40 of 1958 and therefore, erred in law in not holding that the suit filed by the plaintiffs was barred by constructive res judicata. He..Category: Property Law | Date: | Hits: 116
Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)
....5, Registrar of Joint Stock Companies and Firms issued show cause to Mr. Bo Sun Park. He subsequently submitted 3 AGM report and removed me from Managing Director which was ill-intention and it was injustice for me. Since Registrar of Joint Stock Companies and Firms proved this fake resignation as w......r usurped the power of a Court and in such usurpation of power fixed 24.10.2007 at 10:00 a.m. for hearing on the application of the appellant to re-instate her as Managing Director of the Company and accordingly, asked writ petitioner-respondent No.2 and others including the present appellant to rem......l Islam, Senior Advocate with Ms. Tania Amir, Advocate instructed by Mrs. Mahmuda Begum, Advocate-on-Record-For Respondent No. 2. None represented-For Respondent Nos.1 & 3-4. Cases Referred to- Bangladesh Chemical Industries Corporation and another Vs. Registrar, Joint Stock Companies a......y her and that the writ petition was not legally maintainable. 5. The High Court Division upon hearing the parties made the Rule absolute declaring the impugned notice to have been issued without lawful authority and is of no legal effect on the finding, inter alia, that the Registrar may ask a ..Category: Company Law | Date: | Hits: 235
Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)
.... share. It was decided that the murderer was not entitled to any part of the proceeds of the sale of the house as he would otherwise be benefiting from his criminal act. 14. Principles of natural justice are not inflexible and may differ in different circumstances. It varies with varying constit...... of the college for giving him higher scale in the rank of Assistant Professor. When the said fact was detected the Governing Body of the college wrote to the authority for amendment of his scale and accordingly his scale was re-fixed. The writ petitioner was junior to 15 teachers serving in the col......, Mymensingh………………………..Appellant Vs. Md. Helaluddin and Others……………………………………………… Respondent Judgment March 3, 2010. Cases Referred to- Riggs Vs. Palmer (1889) 115 NY 506, 22 NE 188; Davitt Vs. Titcumb (1989) 3 AUER 417. Lawye......rit respondents to the post of lecturer from the post of Assistant Professor of Fulbaria College, Mymensingh and degrading his monthly pay scale from Tk. 7,200/- to Tk. 6,150/- to be declared without lawful authority. According to the writ petitioner, he joined the Sahabuddin College, Fulbaria, Myme..Category: Employment/Service Law | Date: | Hits: 204
Barrister Nazmul Huda and another Vs. State and another, 2011, 40 CLC (HCD)
.... of the Penal Code and against convict appellant No.2 under Section 161/109 of the Penal Code and the charges were read over to them to which both the appellant pleaded not guilty and demanded proper justice. 8. The prosecution examined 40 witnesses to prove the prosecution case and the defence....... 5. On such allegation, Deputy Director of Anti-Corruption Commission, being informant on 21.03.2007 lodged written First Information Report with Officer-in-Charge of Dhanmondi Police Station and accordingly Dhanmondi P.S. Case No.70 dated 21.03.2007 was started against appellant No.1. Barrister......……………Convict-Appellants Vs. The State and another………………………………………………………………Respondents Judgment March 20, 2011. Case Referred to- Anti-Corruption Commission Vs. Dr. Mohiuddin Khan Alamgir, 62 DLR (AD) 290. Lawyers Involv......e out of political enmity and grudge. The instant proceedings of Special Case No.02 of 2007 is without jurisdiction. The proceedings being held during Emergency Rules having no validity in the eye of law and charges having been framed under an Ordinance. Further defence case is that, the proceedings..Category: Criminal Law | Date: | Hits: 101
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