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Mirza Abdul Bari Beg and Others Vs. Zahidannessa and others, 2001, 30 CLC (HCD)
.... July 31, 2001. Cases Referred To- Md. Islam vs. Munshi Aabdur Rahman, 6 DLR 81, Md. Mokan Ali Lasker vs. Sekandarul Islam, 17 DLR 673; Ajiruddin vs. Rahman Fakir, 13 DLR (SC) 191; Safia Khatun vs. Mahbubur Rahman, 13 DLR 753; Shah Abdul Hamid vs. Prokash Chandra Nandi and another, 38 CWN......on. Needless, to say that a homestead and huts are not always the same. Moreover, the petitioners failed to produce any evidence to support their claim that there was any homestead on the land at the time the final decree was passed. The possibility of raising some thatched huts by a judgment-debtor......8 CWN 832. 7. Let me first see the decisions as cited by the learned Advocates. Case of Md. Islam Vs. Munshi Aabdur Rahman is a Second Appeal which arose out of a suit for declaration of title and recovery of possession after removal of the structures. Suit was decreed by the trial Court and on a......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)
....ani Bank 46 DLR (AD) 174; Carabean Travels Ltd. vs. Eastern Bank Ltd. in Civil Revision No. 3542 of 1992; Sonali Bank vs. MS Ali Tannery 48 DLR 57; Kazi Sawaherul Islam (KZ Islam) vs. Standard Co-operative Credit Society Ltd. and others 50 DLR 333; Serajuddin Howlader vs. Pubali Bank Ltd. 4 BLT 80; ......f, filed the aforesaid suit against the defendant opposite parties praying for realisation of Taka 1,29,51,161,40 as on 29-8-92. The defendant/ opposite parties after appearing in the said suit, took time on 30-11-92 and 11-1-93 for filing written statement and then 18-2-93 the next date fixed for f...... 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....... 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...Category: Civil Law | Date: | Hits: 93
State Vs. Rashid Ahmed & others, 2002, 31 CLC (HCD)
....ir information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 333. ......T Case No.86/86 acquitting the accused respondents of charges under sections 148/302/34 of the Penal Code. 2. The prosecution case, briefly stated, is that at about 5-00 PM on 12-6-86 after prayer time victim Abdul Mabud Master was coming home from Kuddukhali Launch Ghat by ‘Ferdousi Road’ an......hittagong and the Deputy Commissioner, Chittagong for their information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 333. ......hittagong and the Deputy Commissioner, Chittagong for their information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 333. ..Category: Criminal Law | Date: | Hits: 76
Shamsul Haque (Md) Vs. State, 1999, 28 CLC (HCD)
....ischarged from him bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 255. ......2-11-89 at about 11-00/11-30 PM the appellant again violated her against her will and the victim girl (P.W.2) recognised the accused-persons in the light of kupi which was burning in the room at that time. On 3-11-89 at noon said Anwara alias Anu Begum and their daughter Hena brought Sanwara to the ......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. ......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. ..Category: Criminal Law | Date: | Hits: 32
Delwar Hossain Khan Vs. Alhaj Rustum Ali & others, 2001, 30 CLC (HCD)
....…………………………Petitioner Vs. Alhaj Rustum Ali & others………………………………Opposite-Parties Judgment December 12, 2001. Cases Referred To- Bholanath Bondopadhyaya vs. Banarsilal Saraf, AIR 1961 Assam 79; MP Mishra vs. Sangam Lal Agarwal, AIR 197......ty’ in rule 100 as given in the above cases. 25. In the circumstances, the impugned order does not suffer from any error or illegality nor has resulted in failure of justice, we find seven years time too much for disposal of such summary proceedings, which nakedly exposes the sorry state of our......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. ......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. ..Category: Property Law | Date: | Hits: 26
Rice Mill Owners Association Vs. Government of Bangladesh and others , 2002, 31 CLC (HCD)
....e is also Reported in: 54 DLR (2002) 325.......law. 9. In the circumstances we are of the view that there is violation of Rule 3 sub-rule 8 of Trade Organisations Ordinance, 1994, i.e. non disposal of the writ petitioner’s application within time and in not giving an opportunity of hearing to the petitioner and therefore there is violation ......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.......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...Category: Civil Law | Date: | Hits: 162
Abdul Muhit and others Vs. Social Investment Bank Limited (SIBL) and others, 2001, 30 CLC (HCD)
....is Court. In view of the above, these applications are rejected without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 306.......and questions arising under the Companies Act. Section 95 which reads as follows: “Notice of every meeting of the Board of Directors of a company shall be given in writing to every director for the time being in Bangladesh and at his address in Bangladesh” does not specifically provide jurisdict......the petitioner is the Civil Court and not this Court. In view of the above, these applications are rejected without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 306.......the petitioner is the Civil Court and not this Court. In view of the above, these applications are rejected without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 306...Category: Company Law | Date: | Hits: 208
Kajemuddin Miah (Md) Vs. Bangladesh and others, 1999, 28 CLC (HCD)
....……………….Petitioner Vs. Bangladesh and others………………………….Respondents Judgment June 10, 1999. Lawyers Involved: Nazmul Huda with SAM Mahbub Elahi, Advocates—For the Petitioner. M Iman Ali, Deputy Attorney-General-For the Respondent. Writ Petiti...... co-villagers took settlement from the Government and paid rents. Thereafter again the lands was diluviated and went under water in 1991. This way the petitioner was affected by diluvion his lands 11 times and lastly, in 1991-1992 when the aforesaid mentioned land was diluviated in the district of F......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. ......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. ..Category: Property Law | Date: | Hits: 68
.... is expunged from the register of Trade Marks. Let the register be rectified accordingly.
Ed.
This Case is also Reported in: 54 DLR (2002) 294.
......mark No. 46773 in clause-3 from the Register.
2. The facts, in short, are that the petitioner is engaged in the business of manufacturing and marketing of washing soap for a considerable length of time. With a view to distinguishing its products, the petitioner adopted a trade mark consisting of ...... Trade Marks in favour of the opposite party No. 1 is expunged from the register of Trade Marks. Let the register be rectified accordingly.
Ed.
This Case is also Reported in: 54 DLR (2002) 294.
...... Trade Marks in favour of the opposite party No. 1 is expunged from the register of Trade Marks. Let the register be rectified accordingly.
Ed.
This Case is also Reported in: 54 DLR (2002) 294.
..
Category: Intellectual Property Law | Date: | Hits: 167
....
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.....Respondents
Judgment
August 26, 2010.
Case......black hole of history.
20. Having thus, jettisoned the legal course of constitutional charade the General de-facto ruled the country with authoritarian fists for four incessant years, during which time the Constitution was forced to a state of suspension, people were not allowed to enforce their ......he certificate asked for, which is hereby issued.
There is however, no Order as to cost.
Sheikh Md. Zakir Hossain J.- I agree.
Ed.
This Case is also Reported in: 63 DLR (2011) 565.
......tally alien a concept to our Constitution and hence, what Dicey commented about it, is squarely applicable to us as well.
2) A fortiori, usurpation of power by General Mohammad Ershad, flexing his arms, was void ab-initio, as was the autocratic rule by Mushtaque-Zia Duo, before Ershad, and shall ..
Category: Constitutional Law | Date: | Hits: 482
Shan Hosiery Vs. Bangladesh Jatiya Shamabaya Shilpa Samity Ltd and others, 2002, 31 CLC (HCD)
....rt High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J Shan Hosiery …………………………Petitioner Vs. Bangladesh Jatiya Shamabaya Shilpa Samity Ltd and others ……………………Opposite Parties Judgment ......plaint too, we could not find the Government impleaded as a party or any relief prayed for against the Government. Of course, in its written objection filed on 13-8-2000 defendant No. 1 for the first time claims that the suit premises belong to the Government. Such claim does not deserve any conside......o. 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 defendants, opposite parties for recovery of possession under section 9 of the Specific Relief Act, hereinafter referred to as the Ac......th the suit in accordance with law. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 291...Category: Property Law | Date: | Hits: 31
Selim (Haji Md) Vs. Collector of Customs and others, 2001, 30 CLC (HCD)
.... October 31, 2001. Cases Referred To- Bangladesh vs. Mizanur Rahman, 52 DLR (AD) 149; Abdur Rashid vs. Central Board of Revenue, PLD 1965 Peshawar 249. Lawyers Involved: Dr. M Zahir Advocate—For the Petitioners (In both the cases). AJ Mohammad Ali, Additional Attorney-General with ......ated 30-9-1998 respectively in Writ Petition No. 291 of 1999 and Writ Petition No. 128 of 1999. 3. On the date of opening the LCs the SRO No. 108 dated 11-6-1998 (Annexure-1) was in force. At that time according to the 1st Schedule published, under section 18 of the Customs Act, the rate of custo......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.......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...Category: Fiscal/Taxation Law | Date: | Hits: 62
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
....vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 285......., and has not left any manner of doubt. Section 96 (3) of the Act states- 96. (3) (a) “An application made under sub-section (1) shall be dismissed unless the applicant or the applicants, at the time of making it, deposit in the Court the amount of the consideration money or the value of the tr...... this Rule is discharged. No order as to costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 285....... this Rule is discharged. No order as to costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 285...Category: Property Law | Date: | Hits: 28
Shaikh (Md) Obaidullah Raihan Vs. Sayed Shahidul Haque Jamal and others, 2002, 31 CLC (HCD)
.... Cases Referred To- Mahabubur Rahman vs. Election Tribunal 6 MLR (AD)197 = 6 BLC (AD) 45; Abdus Rab Mia vs. District Registrar and others 4 BLC (AD) 8. Lawyers Involved: MI Farooqui, Advocate — For the Petitioner. Ajmalul Hossain, QC with Iftekhar Ahmad, Advocates — For the Respo......f respondent No.1 is not applicable. He has pointed out that the present writ petition is a writ of quo warranto and the petitioner challenged the holding of office of the Member of the Parliament by time respondent No. 1 on the ground that he was not qualified to contest the election and, as such, ......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.......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...Category: Election Law | Date: | Hits: 88
....HCD) (2000) 230.
......came refundable. It was only on 14-2-84 when her authorised representative appeared for hearing of her cases of the subsequent assessment years 1977-78 and 1978-79 that she came to know for the first time that the aforesaid sales tax deducted at source in respect of assessment years 1975-76 and 1976......and in that view of the matter cannot get any refund.
In the result, the Rule is discharged without however any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 230.
......and in that view of the matter cannot get any refund.
In the result, the Rule is discharged without however any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 230.
..
Category: Fiscal/Taxation Law | Date: | Hits: 69
Ramesh Chandra Chowdhury @ Das Vs. Naresh Chandra Das @ Chowdhury, 1999, 28 CLC (HCD)
....amesh Chandra Chowdhury @ Das ……………..Petitioner Vs. Naresh Chandra Das @ Chowdhury…………Opposite Party Judgment August 19, 1999. Lawyers Involved: Bikash Paul, Advocate—For the Petitioner. Md. Mansurul Haque Chowdhury, Advocate—For the Opposite Party. Civ......2(a) of the Code of Civil Procedure. No error of law has been committed in the impugned decision and no failure of justice has been occasioned. 7. It appears that this application was filed out of time by 436 days. Though a prayer was made for condonation of the delay of 436 days but no Rule was ......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.......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...Category: Property Law | Date: | Hits: 39
Tofazzal Hossain (Md) and others Vs. Momtaz Begum & others, 1999, 28 CLC (HCD)
....………..Opposite Judgment November 30, 1999. Case Referred To- Md. Karimullah Bhuiyan Vs. Hazi Nurul Alam Chowdhury, 35 DLR (AD) 338. Lawyers Involved: Ziaur Rahrnan Khan, Advocate—For the Petitioners. Shaukat Ali Khan, Md Tamizuddin, Fazlul Yaque Khan Fakir Rahen Hossain......, entitled to an opportunity to verify the genuineness of the said SA Khatian proving co-sharership of the pre emptor in the jote. The question of separation of the case jama was never raised at that time and no objection was taken thereon. 12. After the appeal went back on remand for a fresh hea......turia in Miscellaneous (Pre-emption). No.5 of 1995 allowing pre-emption are affirmed. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 223.......turia in Miscellaneous (Pre-emption). No.5 of 1995 allowing pre-emption are affirmed. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 223...Category: Property Law | Date: | Hits: 31
Shah Alam (Md.) Vs. Abul Kalam and others, 2001, 30 CLC (HCD)
.... November 25, 2001. Cases Referred To- Australasia Bank vs. Abdul Aziz Jan, PLD 1983 Peshawar 64; NWFP vs. Fiaz Muhammad, PLD 1986 Peshawar 19. Lawyers Involved: SK Afzalur Rahman, Advocate—For the Petitioner. Shamim Khaled Ahmed —For the Opposite Parties. Civil Revision No.......aware of the preemption case. The purchased land is still in the possession of her husband. When workers of the preemptors went to the said land for weeding, her father learnt from them for the first time about the preemption case. Then on 28-9-98 her father by search through clerk Nurul Huq became ......d 28-11-99 are hereby set aside. Order of stay as granted at the time of the Rule is recalled and vacated. Let the records be sent down. Ed. This Case is also Reported in: 54 DLR (2002) 277. ......d 28-11-99 are hereby set aside. Order of stay as granted at the time of the Rule is recalled and vacated. Let the records be sent down. Ed. This Case is also Reported in: 54 DLR (2002) 277. ..Category: Limitation Law | Date: | Hits: 175
Anil Kumar Ghosh Vs. Shamir Kumar Ghosh, 2001, 30 CLC (HCD)
.... 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.......Trade Mark Application No. 3 of 2000, as stated in the petition, are that the petitioner has been engaged in the business of manufacturing and marketing of pure gawa ghee for a considerable length of time. To distinguish his product the petitioner adopted a trade mark consisting of the words “Bagh......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.......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...Category: Intellectual Property Law | Date: | Hits: 200
Protima Sen and others Vs. Chitra Rani Dey and another, 1999, 28 CLC (HCD)
....was enacted to afford a special opportunity to a co-sharer of an undivided homestead or dwelling house against a stranger purchaser for buying up his share through the Court. The object of this legislation is to preserve the sanctity of an undivided dwelling house against the intrusion of a stranger...... 8. Defendant opposite party No.1 resisted the aforesaid application for determination of the price of 1/3rd share of the suit property by filing written objection contending, inter alia, that at the time of purchase of the suit property the value of the land was much more than the value shown in th......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. ......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. ..Category: Property Law | Date: | Hits: 42
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