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Standard Bank Ltd. Vs. Tripos Engineering & Trading Company (GD) and others, 2003, 32 CLC (HCD)
....is directed to make the payment under the letters of credit in question to the Premier Bank without any further delay. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 55.......nce. Ed. This Case is also Reported in: 56 DLR (2004) 55.......back to back letters of credit as described in the schedule to the plaint to be made by defendant Nos. 4 and 5, i.e. the Standard Bank to defendant Nos. 1, 2 and 3, the beneficiaries thereunder, is illegal. 3. In the plaint it is averred that defendant No. 6, Vitessee Trading (LLC) placed a purch..Category: Civil Law | Date: | Hits: 100
Noor Mohammad Vs. Md. Noor Hossain & another, 2002, 31 CLC (HCD)
....e defendant is occupying the same on permission of Dhaka City Corporation. In a suit for ejectment of a tenant third party who is not claiming tenancy under the plaintiff is neither a necessary nor a proper parry. The submission of the learned Advocate Dr. Kazi Akter Hamid will be available in a sui......rty No. 2. Civil Revision No. 2517 of 2001. Judgment Bijan Kumar Das J.- This Rule was issued calling upon the Opposite Parties to show cause as to why the impugned order dated 8‑2‑2000 and 10‑2‑2000 respectively passed by the Assistant Judge, 5th Additional Court, Dhaka in Title S...... Title Suit No. 238 of 2000 now pending in the Court of the 4th Additional Assistant Judge, Dhaka is vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 53. ..Category: Tenancy Law | Date: | Hits: 171
Karam Ali Vs. State, 2001, 30 CLC (HCD)
....ated that only 4 accused had assembled for committing dacoity and accused Karam Ali was one of them. In such view of the matter, we hold that the charge under section 399 of the Penal Code is neither proper nor legal. In the facts of the case, there could be a charge for preparation for committing r......nt Judgment July 5, 2001. Result: The appeal is dismissed. Criminal Jail Appeal No. 1192 of 1995. Judgment Gour Gopal Saha J. - This jail appeal is directed against the judgment and order dated 30-4-95 passed by the 2nd Assistant Sessions Judge, Narayanganj in Sessions Case No.......PW 11 Mozibur Rahman is a formal witness, who recorded the first information report. 22. In this case, the prosecution has failed to examine informant SI Md. Abdul Halim in spite of exhausting all legal processes for securing his attendance in the Court. Informant SI Md. Abdul Halim Miah is no lo..Category: Criminal Law | Date: | Hits: 97
Ali Hossain (Md) and Other Vs. State, 2000, 29 CLC (HCD)
....est of justice. 10. Mr. FKMA Mahbub, the learned Assistant Attorney-General appearing for the State, on the other hand, submits that the learned Divisional Special Judge on detailed discussion and proper consideration of the evidence on record, both the oral and documentary, was perfectly justifi......e. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 282. ......of the case was conducted by an Assistant Inspector of the DAB in contravention of section 5A of the Prevention of Corruption Act, 1947 the whole trial and the resulting conviction and sentence are illegal and without jurisdiction and, as such, the impugned order of conviction and sentence is liable..Category: Criminal Law | Date: | Hits: 40
Nurul Islam Manzoor Vs. State, 2000, 29 CLC (HCD)
.... bar for using documents in evidence which were not transmitted along with record to the Metropolitan Sessions Court by the learned Magistrate. We are of the view that in order to decide the question properly, we are to consider some relevant sections such as sections 173, 205C, 265B and 265C of the......1999. Judgment Md. Hamidul Haque J. - By this Rule, the opposite party was called upon to show cause as to why statement of the witnesses recorded section 161 of the Code of Criminal Procedure and of co-accused Taheruddin Thakur recorded under section 164 of the Code of Criminal Procedure whi......uch statements should be transmitted to the Court of Session along with the case record under section 205C. 13. Now, the question is, whether if such documents are not transmitted what will be the legal consequence. From the plain reading of section 205C, we are of the view that it does not precl..Category: Criminal Law | Date: | Hits: 45
Nur Hossain (Md) Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)
....277 of 1996. Judgment Md. Abdul Matin J. - This Rule was issued calling upon the respondents to show cause as to why they should not perform the function of releasing the unused acquisitioned properties in LA Case No. 44 of 1959-60 not used for more than 10 years as recommended and directed ...... Original Jurisdiction) Present: Md. Fazlul Haque J Md. Abdul Matin J Nur Hossain (Md)……………………………………………….Petitioner Vs. Secretary, Ministry of Land and others……………………………Respondents Judgment February 2, 1999. Ca......egum and others Vs. Bangladesh and others reported in 50 DLR (AD) 11 and submits that it was held in that case that Inter-Ministerial Communications are merely policy guidelines and do not create any legal right in favour of any person. It was further held in that decision that mere nonuse of acquir..Category: Property Law | Date: | Hits: 28
Bangladesh Marine Fisheries Association Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)
....nd no fine by way of penalties can also follow for thereof. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 273. ......cial Original Jurisdiction) Present: Md. Fazlul Karim J Md. Abdul Wahhab Miah J Bangladesh Marine Fisheries Association…………………Petitioner Vs. Government of Bangladesh and others..................Respondents Judgment February 23, 2000. Lawyers Involved: ......ndents to show cause as to why the impugned order Gazette dated 12-9-83 being No. SRO 349/83-387 PUB dated 19-7-83 should not be declared to have been issued without any lawful authority and is of no legal effect. On an application under Article 102 of the Constitution at the instance of the petitio..Category: Civil Law | Date: | Hits: 115
Moinuddin Ahmed alias Farook Vs. Khursheda Begum and others, 2001, 30 CLC (HCD)
.... plaintiff, instituted 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 sam......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: ......ills and other charges and no deed of lease yet been executed in respect of ‘Ka’ schedule property and that the transfer of the same without taking permission from the Ministry of Works is also illegal, and that the value of Ka schedule property will be Taka 3,00,000 and the value of Kha schedul..Category: Property Law | Date: | Hits: 32
Abdul Mannan (Md) Vs. Swaraj Roy and others, 2001, 30 CLC (HCD)
.... being of the view, “the case of respondent No. 1 clearly comes within the exception of the general principle of addition of party in a suit for specific performance of contract and that he is a proper party to be added as a defendant in the suit for proper adjudication of the real dispute as t...... 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......iff is genuine or not will be an invaluable assistance to the Court. On the facts and in view of the ratio of above decisions, we find that the learned Subordinate Judge did not commit any error or illegality in the exercise of his discretion in allowing the application for addition. No failure of j..Category: Property Law | Date: | Hits: 31
Khulna Newsprint Mills Limited Vs. Chairman, Labour Court, 1999, 28 CLC (HCD)
....impugned judgment and order passed by that Labour Court is set aside without any order as to costs. Let the LC Records be sent down Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 271.......ed……………………Petitioner Vs. Chairman, Labour Court……………………Respondents Judgment November 23, 1999. Case Referred To- Chairman, Power Development Board and others Vs. Chairman, Labour Court, Khulna Division and another, 1981 BLD (AD) 59. Lawyers Inv...... passed by the respondent No.1 the Chairman, Khulna Labour Court, in IRO case No.5 of 1993 (Annexure-E to the petition) should not be declared to have been made without any lawful authority and of no legal effect. 2. Facts necessary for the disposal of the Rule, in brief, are that the respondent ..Category: Labour and Industrial Law | Date: | Hits: 117
....truct a hospital on the suit land and accordingly, inquiry was held, that the Allotment Committee in its meeting granted lease of the suit land to the defendant No. 6 and that the lease was neither improper nor illegal nor by undue influence.
4. Defendant No.6 contests the suit by filling another......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......informed the Society by the letter dated 29-7-81 that the said land was marked for car park and so the land could not be allotted to the Society, but subsequently, the suit land was collusively and illegally allotted to the defendant No.6, Capital Tower Ltd describing as institutional plot. Plaintif..
Category: Property Law | Date: | Hits: 72
Ganesh Chandra Das Vs. Arati Acharjya, 2001, 30 CLC (HCD)
....te party with one Advocate Mr. Kamal, about her going to Cox’s Bazar with Mr. Kamal to different cinema halls, the trial Court disbelieved these allegations for want of direct evidence and recorded proper reasonings. According to the principles laid down in the case law reported in 1997, 13 BLD 56......ry action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)348. ......ance for the wife and 3 children, should be set aside. 2. The Revisional application was flied mainly on the grounds that the judgments and decrees 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 deci..Category: Family Law | Date: | Hits: 186
Mirza Abdul Bari Beg and Others Vs. Zahidannessa and others, 2001, 30 CLC (HCD)
.... Rahman Fakir is an appeal before the Supreme Court of Pakistan which was preferred by the plaintiff against the order of the High Court returning the memorandum of appeal for presentation before the proper Court. Suit was for partition. Issue was what should be the value of the suit for the purpose......holders. Ed. This Case is also Reported in: 54 DLR (2002)344. ......d. The executing Court is directed to proceed with the execution by issuing again the writ for delivery of possession to the decree-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)
....l be made nugatory. Accordingly, since the aggrieved party sought relief before the court in revisional jurisdiction challenging the impugned order, which on the face of it is illegal, it will not be proper to say that the High Court has no jurisdiction to set aside the same on the ground that no re......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...... a special bench. In the aforesaid circumstances we have taken up this Rule for hearing. 3. Mr. MA Tareq, the learned Advocate of the petitioner, submits that the learned Subordinate Judge acted illegally in setting aside the ex parte decree exercising inherent power under section 151(1) CPC over..Category: Civil Law | Date: | Hits: 93
Shamsul Haque (Md) Vs. State, 1999, 28 CLC (HCD)
....rred this appeal against the said order of conviction and sentence. Mr. Sultan Ahmed, the learned Advocate appearing on behalf of the convict-appellant, submits that the impugned judgment is not a proper judgment and the order of conviction and sentence is not maintainable in view of the evidence......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......f Jamalpur Pourashava. This P.W.3 stated that he knew the informant and they held a salish over the matter but accused Shamsul Haque and his wife were absent and he then advised the informant to take legal steps. In cross this P.W. stated that the informant used to work in the station and that raise..Category: Criminal Law | Date: | Hits: 32
Delwar Hossain Khan Vs. Alhaj Rustum Ali & others, 2001, 30 CLC (HCD)
....es, we should first consider the relevant provisions, Order XXI rules 100 and 101 of the Code, which reads: “100. (1) Where any person other than the judgment-debtor is dispossessed of immovable property by the holder of a decree for possession of such property or where such property has been s......e Parties. Civil Revision No. 2612 of 2001 with Civil Revision No. 2617 of 2001. Judgment Md. Abdur Rashid J. - This order will dispose both the Rules, which arise out of the following facts and circumstances: 2. On 8-11-1994 opposite party Nos. 1 to 9 in the earlier Rule made an applica......in said land by transfer of 2.06 acres each to other six persons 2.06 acre of land was recorded in Khatian No. 35 in SA record of rights in the name of Abbas Fakir who then died leaving his heirs and legal representatives. By successive transfer, Golam Rahman and Mohammad Hossain acquired 16 decimal..Category: Property Law | Date: | Hits: 26
Rice Mill Owners Association Vs. Government of Bangladesh and others , 2002, 31 CLC (HCD)
....rder or certified copy thereof from the parties hereof. Let a copy of this judgment and order be sent to the respondent No. 2 for compliance. Ed. This Case is also Reported in: 54 DLR (2002) 325.......on (Special Original Jurisdiction) Present: SAN Mominur Rahman J Md. Arayes Uddin J Rice Mill Owners Association........................Petitioner Vs. Government of Bangladesh and others …………….Respondents Judgment March 19, 2002. Lawyers Involved: Bin......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 respondent No. 3, should not he declared to without lawful authority and of no legal effect and why respondent No. 2 should not be directed to withdraw or cancel the said licence ..Category: Civil Law | Date: | Hits: 162
Kajemuddin Miah (Md) Vs. Bangladesh and others, 1999, 28 CLC (HCD)
....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......how 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 lawful authority and is of no legal effect. 2. The case of the petitioner, in short, is as follows- The petitioner and his g..Category: Property Law | Date: | Hits: 68
....nion, has not been complied with. A substantial departure has been made from the statutory scheme governing the process of registration of Trade Mark. The Registrar did not exercise his discretion on proper consideration of the principles involved and made his decision open to review. Law is there t......iction)
Present:
KM Hasan J
Solaiman Ali (Md.) trading as Aarman Soap Factory…………………………………….Petitioner
Vs.
Md. Abul Hussain, trading as Munni Soap Dhaka and another…………..…….Respondents
Judgment
November 11, 2001.
Cases Referred ......ing the opposition against the aforesaid application on 31-5-99 under Rule 76 of the Revised Trade Marks Rules, 1963 (Annexure-B). The Trade Marks Registry concealed the aforesaid time petition and illegally registered application No. 46773 in class-3 of the opposite party No. 1. No communication wa..
Category: Intellectual Property Law | Date: | Hits: 167
....undnorm” theory, Kelsen asks all to “obey the historically first constitution’, so extra constitutional rule is totally abhorrent to his perception.
72. The assertion, “Martial Law in the proper sense of that term, in which it means the suspension of ordinary law and the temporary gover......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......It is the petitioner’s claim that the pretentious court was in fact a ‘coram non judice’ as it was an offspring of a martial law instrument, which can not be visualised through any spectacle of legality.
4. By the rule, the petition succeeded to animate, the Respondents were asked to show c..
Category: Constitutional Law | Date: | Hits: 482
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