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Jinnat Ali (Md) Vs. Md. Abu Bakkar Siddique and others, 2002, 31 CLC (HCD)
....for the Parties. Civil Revision No. 156 of 1996. Judgment Md. Abdur Razzaque J.- This Rule at the instance of the pre‑emptor petitioner is directed against the impugned judgment and order dated 30‑7‑1995 passed by the learned Subordinate Judge, 2nd Court Mymensingh in Miscellaneous A......nants namely, a co-sharer by inheritance, a purchaser and a contiguous land owner of the land transferred upon deposit of the consideration money of the value of the transferred land as stated in the notice under section 89 or in the deed of transfer together with compensation @ 10% of such amount. ...... @ Kazal Khan and others, 50 DLR 544; Shafiq Mia and others Vs. Hafizuddin Ahmed and others, 11 DLR 353; Md. Azizul Bari Vs. Md. Ismail and another, 19 DLR 184. Lawyers Involved: None appears for the Parties. Civil Revision No. 156 of 1996. Judgment Md. Abdur Razzaque J.- This Rule..Category: Property Law | Date: | Hits: 37
Mohsina Rahman alias Jaya Vs. Abdul Majid and others, 2001, 30 CLC (HCD)
....sion No. 2609 of 1999. Judgment NK Chakravartty J.- This Rule at the instance of the defendant/petitioner was issued calling upon the opposite parties to show cause as to why the impugned order dated 16-5-99 passed by the Subordinate Judge, 5th Court, Dhaka in Title Suit No.164 of 1998 complai......nvested several lakh takas for decoration of the shops and also for purchasing the materials for running their business in the aforesaid shops. 4. But all on a sudden defendant-petitioner served a notice on 16-7-95 upon the plaintiff-opposite parties asking to vacate the shops without determining......impugned order dated 16-5-99 passed by the Subordinate Judge, 5th Court, Dhaka in Title Suit No.164 of 1998 complained in the petition moved in Court should not be set aside. 2. The facts relevant for the purpose of disposal of this Rule are, that the opposite-parties as plaintiffs has filed Titl..Category: Civil Law | Date: | Hits: 77
....il Revision No. 937 of 2006.
Judgment
Siddiqur Rahman Miah J.- This revisional application under section 115(4) of the Code of Civil Procedure is directed against the judgment and order dated 29-3-2006 passed by the learned Additional District Judge, Court No. 7, Dhaka in Civil Revisio...... said deed of agreement and other monetary transactions between the defendant-opposite party No. 1, and the plaintiffs-petitioners and in such circumstances, the plaintiffs-petitioners served legal notice upon the defendants opposite parties and filed the said suit making the aforesaid prayers. Th......ourt, Dhaka in Title Suit No. 407 of 2005 rejecting an application filed by the defendant-opposite party No. 1 under Order VII, rule 11(d) the Code of Civil Procedure and also allowing an application for temporary injunction under Order XXXIX, rule 1 and 2 of the Code of Civil Procedure restraining ..
Category: Property Law | Date: | Hits: 34
Mark Builders Limited Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....le thereon. Against the said order of assessment, the applicant preferred an appeal before the Commissioner of Customs (Appeals), Dhaka, who allowed the appeal in part giving some relief by his order dated 28-3-2001. Being not satisfied, the applicant took further appeal before the Taxes Appellate T......yed in mercantile system and duly audited. 6. The respondent ultimately submitted revised return of loss of Taka 16,87,555. The Deputy Commissioner of Taxes noted in his order that pursuant to notice under section 79 and 83(1) of the Ordinance an authorised representative on behalf of the res......- The facts upon which the above reference was presented in short, are, that the applicant was a limited company and engaged in the business of construction. It submitted income tax return as company for the assessment year 1998-99 showing income of Taka 15,350. Then, it submitted revised return sho..Category: Fiscal/Taxation Law | Date: | Hits: 99
Iqbal Hossain Mollah Vs. Director, Plant Protection Wing and others, 2006, 35 CLC (HCD)
....vernment under section 3 of the Destructive Insects and Pests Act, 1914. The petitioner filed an application on payment of requisite fees of Taka 310 through Government Treasury Chalan No. Ga Da 2/12 dated 29-10-2000. The said application form and chalan were forwarded under cover of a letter dated ......legal basis. The impugned omission is violative of the fundamental rights of the petitioner as guaranteed by Articles 27 and 31 of the Constitution. In the premises, a telegraphic demand of justice notice dated 19-11-2000 was served upon the respondents calling upon them to issue the import permit......epresented by the Secretary, Ministry of Commerce. In the course of his business, the petitioner imported 300 metric tons of table potatoes from India. Accordingly, he applied to the respondent No. 1 for issuance of import permit under Rules 3 and 5 of the Destructive Insects and Pests Rules, 1966 f..Category: Business or Commercial Law | Date: | Hits: 219
Nirode Baran Barua Vs. Mrinal Kanti Das and others, 2006, 35 CLC (HCD)
....uiry neither the complainant nor the witnesses came to make any statements, as such, the case may be filed. Against which naraji petition was submitted and it appears that learned Magistrate by order dated 14-5-2002 sent the same for a judicial inquiry. By order dated 1-12-2002 the Magistrate opined......5-2001. The accused petitioner gave three cheques for the said amount. The complainant placed the cheques for encashment but the cheques were dishonoured and thereafter, the matter was brought to the notice of the accused petitioner but the accused petitioner did not make any arrangement to encash......J.- This Rule involved a question as to whether a Magistrate can take cognisance of an offence on final report without examining the complainant on naraji petition. 2. The short facts relating for disposal of this Rule are, that the complainant had a good relationship with the accused petit..Category: Criminal Law | Date: | Hits: 27
Major Monjur Quader(Retd.) Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)
....Writ Petition No. 3931 of 2001. Judgment Tariq-ul-Hakim J.- This Rule Nisi has been issued calling upon the respondents to show cause as to why the impugned CIB Report being No. 3(45) 2001-3292 dated 17-4-2001 issued by the respondent No. 1, so far it relates to classified Borrower Code No. ......an 5% share therein as specified in the proviso to section 5 (Gaga) of the Bank Companies Act, 1991 and therefore, he cannot be termed as a defaulter. The petitioner through his lawyer served a legal notice to the respondents to remove his name from the impugned CIB Report but no response was receiv...... pursuant to sanction letter dated 7-5-1996 and the said loan was to be repaid in 6 years in 11 instalments ending on 14-5-2002. Although the borrower Company suffered serious loss and difficulties for political and other reasons nevertheless it paid instalments of the sanctioned loan to the ban..Category: Banking Law | Date: | Hits: 125
....ent
Tariq-ul-Hakim J.- Rule Nisi under Article 102 of the Constitution of the People's Republic of Bangladesh was issued calling upon the respondents to show cause as to why the impugned order dated 5-1-2003 passed by the respondent No. 2 vide Memo No. 23 Judiciary 7/2N-39/94 (Annexure-F) and......of the Ministry of Law, Justice and Parliamentary Affairs to open a part file on the matter by suppressing material facts. It is further stated that subsequently when this matter was brought to the notice of the Hon'ble Minister for Law, Justice and Parliamentary Affairs, he ordered that the appoi......ents
Judgment
October 27,2003.
Lawyers involved:
Moinuddin with Mosharraf Hossain Sarder, Nizamul Islam, Advocates—For the Petitioner.
Md. Shafiqul Islam Siddique for Md. Raushan Ali, Advocate—For Respondent No. 4.
Writ Petition No. 908 of 2003.
J..
Category: Civil Law | Date: | Hits: 77
Md. Ali Vs. State, 2007, 36 CLC (HCD)
....nvict appellant petitioner Md. Ali under section 439 of the Code of Criminal Procedure calling upon sole State-opposite party represented by Deputy Commissioner, Chittagong as to why the Judgment dated 2-9-04 by Metropolitan Sessions Judge, Chittagong as appellate Court dismissing appeal No. 2......ecision by said Tribunal was to be filed before the High Court Division and not before Sessions Judge at all. 13. He argues that question of Jurisdiction as above is getting priority for reasons noticed earlier so decisions of both the Courts must be held to be untenable. 14. In such connect......e set aside or to pass such order or other order or orders as the Court may deem fit and proper. 2. Rule was made returnable within 2 weeks. 3. Convict-appellant petitioner was enlarged on bail for a period of 6 months, which was extended till disposal of the Rule. 4. Rule being ready was f..Category: Criminal Law | Date: | Hits: 30
New Zealand Milk Brands Ltd. Vs. Unilac Sanowara (BD) Ltd. & ors., 2005, 34 CLC (HCD)
....upon an application filed by the opposite party No. 1, Unilac Sanowara (BD) Ltd. (hereinafter referred to as "opposite party No. 1") the order of stay was vacated. By a subsequent order of this Court dated 7-8-2004 the petitioner was directed to deposit Taka 1 lakh as security for costs, which has b......ioner's predecessor-in-interest has been aware all along regarding the registration of the trademark by opposite party No. 1 and the matter was published in the Trade Marks Journal, which is a public notice, and no objection was ever raised and hence, the petitioner is estopped from filing the prese......No. 11 of 2002. Judgment Md. Imman Ali J.- New Zealand Milk Brands Ltd filed the instant application under section 46 of the Trade Marks Act, 1940 (hereinafter referred to as "the Act") for rectification of the Register of Trade Marks by removal of registered trademark No. 62724 in Cla..Category: Intellectual Property Law | Date: | Hits: 187
Monir Hossain alias Monir Vs. State, 2007, 36 CLC (HCD)
....ment Md. Ashfaqul Islam J.- This criminal appeal at the instance of the accused appellant Monir Hossain alias Monir has been preferred against the judgment and order of conviction and sentence dated 1-62002 passed by the Judge, Nari-o-Shishu Nirjatan Daman Adalat No. 1, Barguna in Nari-o-Sh......Barguna in Nari-o-Shishu Nirjatan Daman Case No. 31 of 2000 is hereby affirmed. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 416. ......, Barguna in Nari-o-Shishu Nirjatan Daman Case No. 31 of 2000 convicting the appellant under section 7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and sentencing him to suffer rigorous imprisonment for 14 (fourteen) years and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment f..Category: Criminal Law | Date: | Hits: 33
Samiran Haider and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
.... Judgment Tariqul-ul-Hakim J.- Rules Nisi were issued calling upon the respondents to show cause as to why the impugned Notification bearing Memo Nos. 22.44.1.00.292.2000 (Part-l)-l 185 dated 27-12-2001 and 22.44.1.00.292.2000 (Part-1) dated 28-1-2002 issued by the Director General....... The learned Advocate next submits that neither any evaluation report in support of the impugned orders was produced nor were the petitioners informed of any such result or finding or any show cause notice was given to them to explain their position and hence the impugned orders have been passed in......y and is of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. All these Rules concern common questions of fact and law and are therefore taken up for hearing together and are being disposed of by this single judgment. 3. All ..Category: Employment/Service Law | Date: | Hits: 107
Mahbub-ur-Rahman Chowdhury Vs. DG, Bureau of Anti-Corruption and others , 2007, 36 CLC (HCD)
....ndents. Writ Petition No. 2401 of 1998. Judgment SAK Md. Dabirush-Shan J.- This Rule was issued calling upon the respondents to show cause as to why the impugned order under Memo No. AC/1473 dated 1-7-1998 (Annexure-B to this petition) issued by respondent No. 3 directing the petitioner to ...... the petitioner failed to submit such return then, in that case, necessary legal action will be taken against him under section 4(2) of the Act XXVI of 1957. 7. After receiving the above mentioned notice vide Memo No. AC/1473 dated 1-7-1998 giving reference to Memo No. BAC-54-93/Chittagong/11726 ...... the petitioner is working as an Assistant Sub-Inspector in the Office of the Director of Security of the Chittagong Port Authority, Chittagong. The petitioner joined on 2-7-1981 and has been working for last 17 years with the full satisfaction of the superior officers and the authority concerned. T..Category: Anti-Corruption Laws | Date: | Hits: 150
Ratan Sarder and others Vs. Bishai Bepari and others, 2009, 38 CLC (AD)
.... Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent Nos. 1-61. Not represented- Respondent Nos. 62-63. Civil Appeal No.29 of 2005. (From the judgment and order dated the 17th day of March, 2004 passed by the High Court Division in Civil Revision No. 2308 of 19......vocate for the appellants and as such, find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 788. ......olved in case, in short, are that the predecessor of respondent Nos.1 and 59-61 instituted the above Title Suit No.207 of 1981, which was subsequently renumbered as Title Suit No.391 of 1984, praying for a decree for partition in respect of the suit land described at the schedule 'Ka' to the plaint ..Category: Property Law | Date: | Hits: 28
Abdul Mannan Sheikh (Md) Vs. Soleman Bewa and others, 2007, 36 CLC (HCD)
.... Advocate—For the Opposite-Party. Civil Revision No. 2328 of 2001. Judgment SM Ziaul Karim J.- This Rule calls in question the legality and propriety of the judgment and decree dated 25-3 2001- passed by the learned Subordinate Judge, First Court, Naogaon, in Title Appeal No. ......vacated. Send down the lower Court's record at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 392. ......6, Soleman Bewa, predecessor of apposite parties as plaintiff instituted Other Class Suit No. 80 of 1996 in the First Court of Senior Assistant Judge, Naogaon, impleading the petitioner as defendant, for declaration that the deed of Heba-bil-Iwaz dated 19-3-1984, in respect of 1.08 1/4 acres of land..Category: Property Law | Date: | Hits: 26
Syed Salahuddin Ahmed Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order issued under Memo No. 3637 dated 18-11-1993 (Annexure-C) and the action of the respondents in evicting the petitioner from his ......ablished a 'servicing unit' and a pump island having separate provision of petrol and diesel unit, a servicing workshop and a cash counter. Without any fault of the petitioner and without serving any notice for showing cause, his lease deed was cancelled by respondent No.6 on the plea that the petit......ief, are: The petitioner obtained lease of the disputed land measuring 0.27 acre of JL No. 275 appertaining to CS plot No. 475 pursuant to a deed of lease dated 13-6-1987. The land was taken on lease for the purpose of establishing a 'petrol pump' and a 'servicing centre'. Initially, the lease was g..Category: Constitutional Law | Date: | Hits: 200
Khorshed Alam Khan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....rney-General— For Respondent No.1. Writ Petition No. 1745 of 1996. Judgment Tariq-ul-Hakim J.- This Rule Nisi has been issued calling upon the respondents to show cause as to why the order dated 25-1-1996 (Annexure-G) passed by the respondent No.2 in LA Case No. 34 of 1993-1994 should not...... acquisition of an area of 1.46-acres of land including the petitioner's aforesaid land for extension of the Lakshmipur Sadar Hospital. Subsequently, it came to the knowledge of the petitioner that notices under sections 3 and 6 of the Acquisition and Requisition of Immovable Property Ordinance, 1......an No. 340 in the District of Lakshmipur from its recorded owners by registered kabala Nos. 10230-10231 dated 6-5-1984 and kabala Nos. 3786-3789 dated 20-3-1991. The petitioners after purchasing the aforesaid land constructed residential houses there in accordance with the approved plan after obtain..Category: Property Law | Date: | Hits: 57
Bangladesh Film Development Corporation Vs. Chairman, Labour Court & another, 2007, 36 CLC (HCD)
....icle 102 of the Constitution of the People's Republic of Bangladesh, Rules were issued almost in identical terms calling upon the respondents to show cause as to why the impugned judgment and order dated 29-122005 passed by the First Labour Court, Dhaka (respondent No. 1) in Complaint Case Nos......dule Programmer/ Accountant. He was proceeded against on the charge of misappropriation. The enquiry officer enquired into the matter and submitted report on 8-8-2002. Thereafter, second show cause notice was served upon him and subsequently he was removed from service on 22-82002. After that re...... party (respondent No. 2 herein) was a worker within the meaning of section 2(v) of the Act, 1965 and that the Bangladesh FDC is an industrial establishment and that the Act, 1965 would be applicable for its employees. The first Labour Court, Dhaka allowed the Complaint Case on contest and declared ..Category: Labour and Industrial Law | Date: | Hits: 181
State Vs. Kajal Ahmed Jalali, 2007, 36 CLC (HCD)
....har Tribunal No. 4 Dhaka, seeking confirmation of death sentence imposed upon the absconding condemned accused (1) Kajal Ahmed Jalali under sections 302/34 of the Penal Code by his judgment and order dated 17-3-2004 passed in Druta Bichar Tribunal Case No. 38 of 2003, which arose out of Motijheel ......ate and he deposed about issuance of false warrant of arrest against the accused Shahjahan Howlader Shujan in connection with GR Case No. 4572 of 1999. He said that when the matter was brought to his notice, he found that warrant of arrest was issued by forging his signature and accordingly, he reca......orresponding to GR Case No.237 of 2001. 2. By the said judgment the Tribunal also convicted (2) accused Dr. Roushan Alam under sections 302/120B of the Penal Code and sentenced him to imprisonment for life and also to pay a fine of Taka 1,00,000(one lac), in default, to undergo rigorous imprisonm..Category: Criminal Law | Date: | Hits: 109
Bonlac Foods Ltd. Vs. Unilac Sanowara (BD) Ltd. & another, 2005, 34 CLC (HCD)
....ern of Unilac Australia Ltd and having the same company secretary, knew since 1991 that Sanowara has been using the trademark in question, it is pointed out that the trademark application of Sanowara dated 11th August, 1991 was duly advertised in the Trade Marks Journal published on 31-10-2000 and a......ite party No. 1 is not in a position nor required by law to answer any issues arising which have not been pleaded in the petition. Nevertheless, I am satisfied that both parties have had sufficient notice of the matters arising upon inspection and scrutiny of the record transmitted by the Registra......f 2002. Judgment Md. Imam Ali J.- This application was filed by the petitioner, Bonlac Foods Limited (hereinafter referred to as "Bonlac") under section 46 of the Trade Marks Act, 1940 for rectification of the Register of Trade Marks by removal of the registered trademark No. 33243 in..Category: Intellectual Property Law | Date: | Hits: 199
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