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Shaikh (Md) Obaidullah Raihan Vs. Sayed Shahidul Haque Jamal and others, 2002, 31 CLC (HCD)
.... which was a suit for foreclosure and was decreed and execution case has already been started. By referring to the decree of the suit, Annexure B (1), he has argued that the defendants mortgaged some property and took loan from Sonali Bank and as the loan was not repaid, the Bank instituted the suit......ivision (Special Original Jurisdiction) Present: Md. Hamidul Haque J Nazmun Ara Sultana J Shaikh (Md) Obaidullah Raihan ……………Petitioner Vs. Sayed Shahidul Haque Jamal and others……………………………Respondents Judgment January 28, 2002. Cases Ref......as been holding the office of member of Jatiya Sangsad representing constituency No. 132 Barisal with Pirojpur and why his holding of the office as Member of Parliament should not be declared to be illegal and without lawful authority and is of no legal effect. 2. Mr. MI Farooqui made submission..Category: Election Law | Date: | Hits: 88
....ake a final assessment. The only provision for refund has been made under section 27 if the claimant can satisfy the DCT that the amount of tax paid by him or her exceeded the amount with which he is properly chargeable under the Act. He shall be entitled to a refund of such excess empowering the Bo......
(Special Original Jurisdiction)
Present:
Mahfuzur Rahman J
MA Aziz J
Nisha Rani Devi…………………Petitioner
Vs.
National Board of Revenue, Peoples Republic of Bangladesh and others….……Respondents
Judgment
July 21, 1998.
Cases Referred To-
Commissione......sain Khan, Deputy Attorney-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 o..
Category: Fiscal/Taxation Law | Date: | Hits: 69
Tofazzal Hossain (Md) and others Vs. Momtaz Begum & others, 1999, 28 CLC (HCD)
....lawful basis, that the jama in question was not legally separated and the same has occasioned failure of justice. The learned Counsel further submits that the learned Courts below erred in law in not properly discussing and considering the material evidence on record and the same has also occasioned....... Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 223.......a has not been separated in accordance with law as a result or which the parent jama remains intact. The learned Assistant Judge further found that on fraudulent suppression of material facts and all legal processes the pre-emptees obtained an order of mutation in their favour and, as such, this fra..Category: Property Law | Date: | Hits: 31
Abul Hossain Vs. State, 2000, 29 CLC (HCD)
....plaint is filed before him. The learned Sessions Judge was correct in setting aside the order of the learned Magistrate dated 18-5-99 but was wrong in giving a direction to hold judicial inquiry. The proper order should have been to direct the Magistrate concerned to proceed in accordance with law a......……Petitioner Vs. State………………………………………Opposite Party Judgment February 27, 2000. Lawyers Involved: M Enayetur Rahim with Md. Jahangir Alam and Shahidul Islam, Advocates- For the Petitioner. Not represented- the Opposite Party. Crimin......e also set aside the order dated 18-5-99 passed by the learned Magistrate in the above GR No. 2 of 1998. The learned Advocate for the petitioner has argued that the learned Sessions Judge committed illegality in passing an order directing the Magistrate to hold judicial inquiry. In this connection h..Category: Criminal Law | Date: | Hits: 42
Shah Alam (Md.) Vs. Abul Kalam and others, 2001, 30 CLC (HCD)
....assed against the Government. Trial Court found the officials had no authorisation and rejected their application. The High Court took the view that the trial Court could ask those officials to bring proper authorisation. 18. In the case before us, the purchaser Abul Kalam never ever appeared or ......e Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J Shah Alam (Md.)………………….Petitioner Vs. Abul Kalam and others....………….Opposite Parties Judgment November 25, 2001. Cases Referred T......authorisation. It is not correct to say that the question of authorisation was not raised before the Court. Question was raised by her and decision obtained. But the trial court, in view of the above legal position, was wrong to find that she was duly authorised. 17. In the case of Australasia Ba..Category: Limitation Law | Date: | Hits: 175
Anil Kumar Ghosh Vs. Shamir Kumar Ghosh, 2001, 30 CLC (HCD)
.... party No.1 for registration was advertised in the Journal for the month of May and June, 1996 at page 180 (Annexure A). The opposite party obtained registration of the respective authority following proper legal proceedings in adopting a trade mark consisting of the words “New Baghabari Khati Gaw......ection 46 of the Trade Marks Act, 1940 for rectification of the Register of Trade Marks by removal of the registered trade mark No. 38902 in class-29 from the Register are taken together as the facts and law points involved are similar. 2. The facts of Trade Mark Application No. 3 of 2000, as sta......plication No. 38902 in class 29 in the Trade Marks Registry, Dhaka and managed to get the said application ordered to be advertised in the Trade Marks Journal. 5. The petitioner not being aware of legal provisions of law relating to registration of trade marks failed to oppose registration of the..Category: Intellectual Property Law | Date: | Hits: 200
Protima Sen and others Vs. Chitra Rani Dey and another, 1999, 28 CLC (HCD)
....-3-98 passed by the 1st Court of Subordinate Judge, Sadar Chittagong, in Partition Suit No.88 of 1981 rejecting the plaintiffs’ application for determination of the value of 1/3rd share of the suit property for buying up purposes. 2.Short facts leading to the case are that, the petitioners as p......s Case is also Reported in: 52 DLR (HCD) (2000) 218. ...... thereof assessed i.e. only at the stage of final decree and not before that and, as such, the learned Subordinate Judge was perfectly justified in passing the impugned order and it suffers from no illegality or legal infirmity. The learned Advocate further submits that the rights of the parties in ..Category: Property Law | Date: | Hits: 42
Tanveerul Haque Vs. Unistar Shipping Limited and ors., 1999, 18 CLC (HCD)
....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.......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......hip and similarly they also owed Taka 8,69,890.87 to the plaintiff No.2 up to the date of the cessation from their Directorship and they would be given notice to pay the same and if they fail to pay, legal steps will be taken to realise the money and in terms of the said resolution, Mr. Muhammad Iqb..Category: Company Law | Date: | Hits: 197
....e which has been numbered as Criminal Miscellaneous Case No. 6693 of 2001.
4. Section 491 of the Code enshrines that if a person within the territorial jurisdiction of the Courts is illegally or improperly detained in public or private custody, the High Court Division may direct that the said det......3 of 2001.
Judgment
AK Badrul Huq J. - The detenu Md. Aftab Hossain is under Preventive Detention in Barisal District Jail. The detenu stood arraigned for offence punishable under section 19(a) and (f) of the Arms Act, 1878 in Kotwali Police Station Case No. 30 dated 20-7-2001. On the strength......eople’s Republic of Bangladesh.
3. The petitioner, full brother of the Detenu, invoking this Court’s power under section 491 of The Code of Criminal Procedure (shortly The Code) challenged the legality of the order of detention of the Detenu on presentation of a petition under Section 491 of ..
Category: Criminal Law | Date: | Hits: 39
Kalandiar Kabir Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....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. ...... Ed. This Case is also Reported in: 54 DLR (2002) 258. ......ents 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 authority. 2. Mr. M Amirul Islam appeared on behalf of the petitio..Category: Constitutional Law | Date: | Hits: 195
Parimal Chandra & others Vs. Shaheda Begum and others, 1999, 18 CLC (HCD)
....including the present plaintiff Nos. 1 and 2, but they did not contest the suit, as they had no prospect therein. It was further contended that the plaintiffs have no title and possession in the suit property, which is owned and possessed by them on the basis of purchase by registered sale deeds dat......s immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 206.......t was contended by the plaintiffs of Title Suit No.18 of 1987 that the ex parte decree dated 6-7-78 passed in Title Suit No.116 of 1977 was obtained by the defendants by fraudulent suppression of all legal processes and by practising fraud upon the Court and, as such, the same is liable to be set as..Category: Procedural Law | Date: | Hits: 81
Bashiruddin (Md) Vs. Bangladesh and others, 1999, 18 CLC (HCD)
....h schedule, filed an appeal, being Revenue Miscellaneous Appeal No.150 of 1998, before the Divisional Commissioner, Sylhet alleging that the fishery has been leased 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 5,20,000.0......2000) 201.......ional Commissioner, Sylhet passed in Revenue (Rajaswa) Miscellaneous Appeal No.150 of 1998 (Annexure E1) to the petition should not be declared to have been made without lawful authority and is of no legal effect. 2. Facts, in short, are that a closed fishery by name Duttapara Beel, popularly kno..Category: Property Law | Date: | Hits: 33
Khorshed Alam (Md) Vs. Subordinate Judge and Artha Rin Adalat No. 1 and others, 2001, 30 CLC (HCD)
....8 of 1991 against the Mobarak Re-rolling Mills and thereafter filed Mortgagee Execution Case No. 6 of 1997 in the aforesaid court. 3. For the realisation of decretal amount by sale of the mortgage properties auction sale notices were duly published and auction sale were fixed on 25-11-1998, 11-8-......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 ......ting aside the order No. 63 and prayed for fixing the date for open auction and the Court by the impugned orders in exercise of his inherent power set aside the wrong order which suffers from gross illegality and the Court has the power to right what is wrong. He next submits that in a mortgage exec..Category: Civil Law | Date: | Hits: 76
Abdus Salam Vs. Md. Munshi Rashed Kamal & another, 2002, 31 CLC (HCD)
.... Negotiable Instruments Act, 1881 now pending in the Court of Chief Metropolitan Magistrate, Dhaka should not he quashed and or such other or further order or orders as to this Court may seem fit and proper. 2. The short facts leading to this Criminal Miscellaneous Case is that the opposite party......ashed Kamal & another………………. Opposite-Parties Judgment March 10, 2002. Cases Referred To- Mir Mohammad Ali vs. State 46 DLR 175; SM Anwar Hossain vs. Md. Shafiqul Alam (Chand); another 1999 BLD (AD) 166 = 4 BLC (AD) 106. Lawyers Involved: Md. Khurshid Alam Khan, Ad......0, but this time also returned the said cheque as unpaid on 26-10-2000 with similar comment that is, the fund is insufficient in the account. 4. Thereafter, the complainant-opposite party served a legal notice upon the accused petitioner on 6-11-2000 being registered with A/D through his lawyer w..Category: Criminal Law | Date: | Hits: 62
Elders Ltd. Vs. Sunil Chandra Chowdhury & another, 2002, 31 CLC (HCD)
....mpt of Court and punished accordingly for disregarding and flouting the order date 29-3-2001 passed by this Court in Trade Mark Application No. 1 of 2001. 2. The short facts which are relevant for proper disposal of the case may be stated as follows: The petitioner is owner of Trade Mark Nos. ......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......tionary and it is expected in a Republic that the servants are required to discharge their duties neutrally, sincerely and honestly, more so when they are entrusted with the duty to adjudicate upon a legal right between the parties but unfortunately, in the instant case the contemner sailed in the s..Category: Intellectual Property Law | Date: | Hits: 181
Santi Bhusan Deb Vs. Principal Officer, Samabaya Bank Ltd., 2001, 30 CLC (HCD)
....e affirmed. The order of stay granted by this Court stands vacated. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 224. ......amabaya Bank Ltd ……………………Opposite Party Judgment October 25, 2001. Lawyers Involved: Abdul Latif, Advocate—For the Petitioner. Abdul Baset Majumder with Yeasmin Begum and Rana, Advocates—For the Opposite Party Appellant Bank. Civil Revision No. 2273 of 1994. ......ent mentioning that he was a defaulter for non-payment of rent in terms of the agreement and, as such, no rent would be accepted from him. In response to that notice, the petitioner-respondent sent a legal notice on 27-6-1992 along with the rent by money order but the opposite party-appellant bank d..Category: Property Law | Date: | Hits: 34
Mafizul Hoq Bebu (Md) Vs. Majida Begum and others, 2001, 30 CLC (HCD)
.... Khatun on 20-3-1978. Thereafter, Mehera Khatun transferred the said land to the plaintiff by a registered deed of gift dated 30-6-1990 and delivered possession. The plaintiff got release of the suit property from the list of abandoned property from the Court of Settlement. In first part of July, 19...... 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: ......r the disposal of the suit and 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 ..Category: Property Law | Date: | Hits: 28
Pubali Bank Vs. Kalaroa Ice and Cold Storage Ltd. Kalaroa, Satkhira and others, 2000, 29 CLC (HCD)
....on 25-11-87 and then on 17-9-88 the petitioner filed Money Execution Case No.5 of 1988 and in column 2(ka) of the Form of the said Execution case, prayed for sale of the moveable as well as immovable properties of the opposite parties the particulars of which were described therein. After receiving ......(2002) 217.......the decretal amount and so to bring the defaulter opposite parties to task, the order of civil imprisonment should have been passed and in any view of the matter the learned Subordinate Judge acted illegally in dismissing the money execution cases and so the impugned orders Cannot be sustained. 7..Category: Civil Law | Date: | Hits: 82
Sukurjan Bibi Vs. Chairman, Court of Settlement, Dhaka, 2001, 30 CLC (HCD)
....f 1987 for default should not be declared to have been passed without any lawful, authority and is of no legal effect or such other or further order or orders passed as to this court may seem fit and proper. 2. The case of the petitioner, in brief, is that the land measuring 1.31 square yards sit......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......dated 31-8-1988 (Annexure ‘E’) passed by the respondent No. 1 dismissing the Case No. 955 of 1987 for default should not be declared to have been passed without any lawful, authority and is of no legal effect or such other or further order or orders passed as to this court may seem fit and prope..Category: Property Law | Date: | Hits: 37
Kashem Vs. State, 2001, 30 CLC (HCD)
....lant is entitled to acquittal on benefit of doubts. 9. Mr. AQ Rashid Ahmed the learned Assistant Attorney General appearing for the State, on the other hand, submits that the learned Tribunal, on proper discussion and consideration of the evidence on record was fully justified in convicting and ......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......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. ..Category: Criminal Law | Date: | Hits: 37
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