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Mirza Abdul Bari Beg and Others Vs. Zahidannessa and others, 2001, 30 CLC (HCD)
....Civil Revision No. 78 of 2001. Judgment Md. Abdur Rashid J. -This Rule was obtained by judgment-debtors upon making an application under section 115 of the Code of Civil Procedure against order dated 10-9-2000 passed by Senior Assistant Judge at Sadar in Rangpur Other Execution Case No. 2 of 1......ution Court found that in view of the order dated 8-6-99 of this Division, the application of the petitioners on 22-6-2000 was not maintainable, and had the order of this Division been brought to the notice of the Court, the Court would not have made such order on 22-6-2000 and the order was obvious......n application under section 115 of the Code of Civil Procedure against order 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 No..Category: Property Law | Date: | Hits: 29
Pubali Bank Ltd. Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
....kanuddin Mahmud with Murad Reza, Advocates—For Opposite Party Nos. 1-2. Civil Revision No. 1188 of 1993. Judgment Md. Tafazzul Islam J. - This Rule is direct against the judgment and order dated 31-3-93 passed by the learned Subordinate Judge, Artha Rin Adalat, Narayanganj in Bandhaki Cas...... 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.......ate Judge, Artha Rin Adalat, Narayanganj in Bandhaki Case No. 93 of 1992 by which the ex parte decree passed on 16-3-93 in the said suit, was set aside. 2. The petitioner, as plaintiff, filed the aforesaid suit against the defendant opposite parties praying for realisation of Taka 1,29,51,161,40 ..Category: Civil Law | Date: | Hits: 93
Shamsul Haque (Md) Vs. State, 1999, 28 CLC (HCD)
....epresented — the State. Criminal Appeal No. 1314 of 1990. Judgment Md. Abdul Aziz J.- This appeal at the instance of appellant Md. Shamsul Haque is directed against the judgment and order dated 26-11-90 passed by Additional Sessions cum Special Tribunal Judge, Jamalpur in Special Powers ......is acquitted of the charge brought against him and he be discharged from him bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 255. ...... 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 further p..Category: Criminal Law | Date: | Hits: 32
Delwar Hossain Khan Vs. Alhaj Rustum Ali & others, 2001, 30 CLC (HCD)
.... who then died leaving his heirs and legal representatives. By successive transfer, Golam Rahman and Mohammad Hossain acquired 16 decimals of land of plot No. 447 by registered deed No. 1721 and 1977 dated 27-7-1977 and 12-7-1977. Then, out of said land, Golam Rahman and Mohammad Hossain transferred......lled and vacated. The executing Court is directed to take steps for expeditious restoration of possession to the claimants. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 328. ......ite party Nos. 1 to 9 in the earlier Rule made an application under Order XXI rules 100 and 101 of the Code of Civil Procedure in the Second Court of Subordinate Judge at Dhaka against the petitioner for restoration of possession of 13 decimals of land of plot No. 447 comprising of municipal holding..Category: Property Law | Date: | Hits: 26
Rice Mill Owners Association Vs. Government of Bangladesh and others , 2002, 31 CLC (HCD)
....No. 5. Writ Petition No. 2612 of 2000. Judgment SAN Mominur Rahman J.- Rule was issued calling upon the respondent Nos. 1-3 to show cause as to why the impugned Memo No. Bim/Dba-1/G 10/99/47 dated 7-3-2000 and licence No. 5/2000 dated 7-3-2000 (Annexure B and B1) respectively issued by the ......d in violation of the principle of natural justice and thus Articles 19 and 27 of the Constitution have been violated. 3. Thereafter the petitioner association caused issuance of demand of justice notice dated 2-5-2000 through registered post to the respondent No. 2 requesting for withdrawal/canc...... Government of Bangladesh and others …………….Respondents Judgment March 19, 2002. Lawyers Involved: Binod Kumar Agarwal, Advocate—For the Petitioner. KS Salahuddin Ahmed for M. Ziaul Hasan, Advocate—For Respondents No. 5. Writ Petition No. 2612 of 2000. Judgment..Category: Civil Law | Date: | Hits: 162
Abdul Muhit and others Vs. Social Investment Bank Limited (SIBL) and others, 2001, 30 CLC (HCD)
....present the original Directors (Annexure C). Since then the petitioners, as alternative directors, had been receiving notice for attending meetings of Board of Directors. But by four separate letters dated 8-5-2001 the Bangladesh Bank directed the petitioners, under section 45 of the Bank Companies ......aur Rahman Talukder, petitioner No. 4, Nargis Mannan and Abul Bashar Bhuiyan to represent the original Directors (Annexure C). Since then the petitioners, as alternative directors, had been receiving notice for attending meetings of Board of Directors. But by four separate letters dated 8-5-2001 the......86 of 2001. Judgment K M Hasan J. - These two applications are taken together as the facts and law points involved in both the cases are similar. In Matter No. 78 of 2001 an application is made for direction upon the respondents for compliance of section 95 read with section 233 of the Compani..Category: Company Law | Date: | Hits: 208
Mohammad Ali Vs. State, 2000, 29 CLC (HCD)
....ent 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.60 of 1995...... down the LC record along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 245. ......se 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 imprisonment for a ..Category: Criminal Law | Date: | Hits: 89
Kajemuddin Miah (Md) Vs. Bangladesh and others, 1999, 28 CLC (HCD)
....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 (Annexure) issued by respondent No.1 should not be declared to have been made without......d whereby the rent abated the right, title and interest of the owner subsists for 30 years. It provided for the right of Collector to possess the land immediately upon reappearance and publication of notice, survey, map and allotment to tenant. The amendment of section 86 by Act XV of 1994 reads as ......96 Mouza Kartickpur within PS Dohar, district Dhaka. The petitioner filed a Civil suit being Title Suit No.19 of 1984 in the Court of Assistant Judge Dohar, Dhaka against Nuni Gopal Gopini and others for specific performance of Contract and the said suit was decreed in favour of the petitioner on 3-..Category: Property Law | Date: | Hits: 68
....d April, 1996 (Annexure-A).
3. The opposite party No. 1 imitated the trade mark of the petitioner and filed an application for registration of the same word “Pragga” under No. 46773 in class-3 dated 8th May, 1996 in the Trade Marks Registry, Dhaka. Opposite party No. 1 managed to get his appl......r, 1998 with the help of some officials of Trade Marks Registry, though the petitioner’s application was filed one month earlier to the filing of the application of the opposite party No. 1. But no notice of the order of advertisement of the application of the opposite party No. 1 was served upon ......Md. Neamat Hossain, Advocate—For the Opposite Party No. 1.
Trade Mark Application No. 1 of 2000.
Judgment
KM Hasan J .-This is an application under section 46 of the Trade Marks Act, 1940 for rectification of the Register of Trade Marks by removal of the registered trade mark No. 46773 i..
Category: Intellectual Property Law | Date: | Hits: 167
....conviction handed upon him, challenged the constitutionality of an Act of Parliament, named the Constitution (Seventh Amendment) Act, 1986, by which the Constitution was purportedly amended to accommodate into it all the aforementioned instruments. It is the petitioner’s claim that the pretentious......ent have the force of law? This is legally ultimate; it’s source is historical only, not legal...It is the law because it is the law, and for no other reason that it is possible for the law to take notice of. No statute can confer this power upon Parliament, for this would be to assume and act on ...... R -v- Hampden, 1637 3St Tr 825, Jamat-e-Islami –vs- Federation of Pakistan, PLD 2009 SC 549, Pickin-v-British Railway Board, 1974 AC 765, Dr. Bonham’s case, 1610 8 Co Rep 114a, Dred Scott-v- Sandford, 60 US at 93, 405 1857, also 19 Howard 393 1857, Hodges –v-United States 203 US 1 1906, Butts..
Category: Constitutional Law | Date: | Hits: 482
Shan Hosiery Vs. Bangladesh Jatiya Shamabaya Shilpa Samity Ltd and others, 2002, 31 CLC (HCD)
....Party Nos.1, 2 & 5. Civil Revision No. 3748 of 2000. Judgment Md. Abdur Rashid J. - This Rule was obtained by the plaintiff against the order of Subordinate Judge, Second Court at Dhaka dated 13-8-2000 passed in Title Suit No. 57 of 2000, which rejected the plaint while disposing an ap......led to continue as such till the security money was refunded with 15% interest thereon. Before the expiry of the second term of lease, the plaintiff expressed its intention to leave the premises by a notice and made demand of refund of aforesaid security money. The defendants did not refund the secu......s obtained by the plaintiff against the order of Subordinate Judge, Second Court at Dhaka dated 13-8-2000 passed in Title Suit No. 57 of 2000, which rejected the plaint while disposing an application for temporary injunction. 2. The plaintiff on or about 1-3-2000 instituted the suit against defen..Category: Property Law | Date: | Hits: 31
Selim (Haji Md) Vs. Collector of Customs and others, 2001, 30 CLC (HCD)
.... i.e. Haji Md Selim, proprietor of M/s Bismillah Traders of 4 Akmal Khan Road, PS Kotwali Dhaka and he imported grey Portland cement from Indonesia through the letters of credit being Nos. 06980287-C dated 30-9-1998 and 06980285-C both dated 30-9-1998 respectively in Writ Petition No. 291 of 1999 an......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....... and 128 of 1999. Judgment Abu Sayeed Ahammed J.- Both the Rules have arisen on the similar disputed facts and same law point is involved and, as such, with the consent of the learned Counsels for the petitioners, both the Rules have been taken up for hearing together and disposed of by this ..Category: Fiscal/Taxation Law | Date: | Hits: 62
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
.... Md. Abdur Rashid J.- This Rule was obtained by the pre-emptee (purchaser) by making a revision application under section 115 of the Code of Civil Procedure, in brief, the Code, against order No. 33 dated 4-5-2000 passed by Senior Assistant Judge at Sadar in Sunamganj in Miscellaneous Case No. 22 o......ant or the applicants, at the time of making it, deposit in the Court the amount of the consideration money or the value of the transferred holding or portion or share of the holding as stated in the notice under section 89 or in the deed of transfer as the case may be, together with compensation at......f Civil Procedure, in brief, the Code, against order No. 33 dated 4-5-2000 passed by Senior Assistant Judge at Sadar in Sunamganj in Miscellaneous Case No. 22 of 1998 (pre-emption). 2. Short facts for disposal of the Rule are that opposite parties Nos. 1 and 2 made an application under section 96..Category: Property Law | Date: | Hits: 28
Shaikh (Md) Obaidullah Raihan Vs. Sayed Shahidul Haque Jamal and others, 2002, 31 CLC (HCD)
.... in that Constituency No.132 Barisal, Pirojpur. At paragraph 4 of the writ petition it is mentioned that the respondent No.1 was disqualified to contest in the election as Member of Parliament on the date of filing of nomination paper because the respondent No.5 Sonali Bank obtained a decree in Titl......tion of disqualification and for the reason mentioned earlier, the Rule is liable to be struck out. In the result, the Rule is struck out. Ed. This Case is also Reported in: 54 DLR (2002) 280.......d not be declared to be illegal and without lawful authority and is of no legal effect. 2. Mr. MI Farooqui made submission of behalf of the petitioner. In the writ petition, the petitioner prayed for declaration that the respondent No.1 is holding the office of Member of Parliament without any l..Category: Election Law | Date: | Hits: 88
....rney-General with FKM Ahsan, Assistant Attorney- General—For the Respondents.
Writ Petition No. 724 of 1994.
Judgment
MA Aziz J. - Under challenge in this Rule is the legality of the order dated 18-11-93 as contained in Annexure “F” passed by the National Board of Revenue, Government .......00 was deducted at source by way of advance tax.
(b) That credit is to be given for the tax deducted at source upon raising a demand by the Deputy Commissioner of Taxes, briefly DCT, by serving a notice of demand in the prescribed form as provided under section 12(2) of the Act after making an a...... under the signature of Mr. Md. Shawkat Ali Wareshi. Second Secretary (Kar-10) rejecting the petitioner’s application under section 27 of the Sales Tax Act, 1951 hereinafter referred to as the Act, for refund of Taka 5,99,112.00 deducted at source @ 20% for the assessment years 1975-76 and 1976-19..
Category: Fiscal/Taxation Law | Date: | Hits: 69
Ramesh Chandra Chowdhury @ Das Vs. Naresh Chandra Das @ Chowdhury, 1999, 28 CLC (HCD)
....vocate—For the Opposite Party. Civil Revision No. 636 of 1996. Judgment Bijan Kumar Das J.- This Rule was issued calling upon the opposite party to show cause as to why the impugned order dated 16-9-95 passed by the learned Subordinate Judge, Narshingdi in Title Appeal No.20 of 1994 shou......te of receipt of this order. Let a copy of this order be forwarded to the Court of the learned Subordinate Judge Narshingdi at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 227.......stituted Title Suit No.14 of 1993 in the Court of the learned Assistant Judge, Narshingdi impleading the opposite party No.2 as defendant No.1 and the present petitioner as defendant No. 2 and prayed for a declaration that the deed of exchange as mentioned in Schedule ‘Kha’ to the plaint is void..Category: Property Law | Date: | Hits: 39
Tofazzal Hossain (Md) and others Vs. Momtaz Begum & others, 1999, 28 CLC (HCD)
....ue Khan Fakir Rahen Hossain with Mostafa Zaman Islam, Advocates—For the Opposite Parties. Civil Revision No.1546 of 1999. Judgment Gour Gopal Saha J.- In this Rule, the judgment and order dated 15-4-99 passed by the Second Court of Subordinate Judge, Manikganj in Miscellaneous Appeal No.......amed Koran Sk, Khateman and Ametan Bibi were not substituted in the mutation case in question. It is also evident from the report of the process-server that Koran Sk was dead at the relevant time and notice could not be served on him. The death of the recorded tenant Koran Sk before the filing of th....... 2. Broad facts leading to the case are that, opposite party No.1 as per-emptor instituted a case in the Court of the Assistant Judge, Saturia being Miscellaneous (Pre-emption) Case No.5 of 1995 for pre-emption of the case land under section 96 of the State Acquisition and Tenancy Act. The case..Category: Property Law | Date: | Hits: 31
Shah Alam (Md.) Vs. Abul Kalam and others, 2001, 30 CLC (HCD)
....2000. Judgment Md. Abdur Rashid J.- The above Rule was obtained by the preemptors upon making a revision application under section 115 of the Code of Civil Procedure against judgment and order dated 28-11-99 passed by the Subordinate Judge, 2nd Court at Noakhali in Miscellaneous Case No. 21 o......short, is that her husband is staying abroad since before her marriage for more than 15 years. The preemptors obtained ex parte order of preemption by suppressing summons. They were required to serve notice of the preemption case in the foreign address of her husband. They were not aware of the pree...... the State Acquisition and Tenancy Act being Miscellaneous Case No.18 of 1996 in the Court of Subordinate Judge, Second Court at Noakhali against opposite party No.1 preemption (purchaser) and others for preemption. The application was allowed ex parte on 16-4-98. 3. On 28-9-98 Umme Kulsum, as wi..Category: Limitation Law | Date: | Hits: 175
Anil Kumar Ghosh Vs. Shamir Kumar Ghosh, 2001, 30 CLC (HCD)
....is further stated that the design and copyright in the trademark No. 38902 in class 29 has also been registered in favour of the opposite party No.1 by the copyright office under application No. 5686 dated 31-12-96 which also gives exclusive right of using the design forming trade mark “New Baghab......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.......f 2000). Trade Mark Application No. 03 of 2000 With Trade Mark Application No. 02 of 2000. Judgment KM Hasan J.- These two applications under section 46 of the Trade Marks Act, 1940 for rectification of the Register of Trade Marks by removal of the registered trade mark No. 38902 i..Category: Intellectual Property Law | Date: | Hits: 200
Protima Sen and others Vs. Chitra Rani Dey and another, 1999, 28 CLC (HCD)
....vocates—For the Petitioners. Harendra Nath Nondy, Advocate-For the Opposite Parties. Civil Revision No.1882 of 1998. Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 18-3-98 passed by the 1st Court of Subordinate Judge, Sadar Chittagong, in Partition Suit No.8......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. ......………………...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 special opportunity to a co-sharer of an undivided homestead or dwelling house against a stra..Category: Property Law | Date: | Hits: 42
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