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Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)

....l even against the decision of his higher authority like Additional District Magistrate and the admitted wrong will stand without any remedy which should not be allowed to continue in the interest of justice. In fact, there can be no wrong without any remedy. Moreover, it is equally an absurdity to ......l run concurrently. Let a copy of the order along with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311.......�………………………………………………………Accused Petitioner Vs. State and another……………………………………………….Opposite Parties. Judgment October 24, 2005. Lawyers Involved: Abdul Malek with Md. Shahjahan, Advocate—For the Accused-P...... and propriety of the opposite-party No.2 to prefer an appeal under section 417 A(2) of the Code of Criminal Procedure where the impugned order of sentence has been enhanced because the provisions of law as laid down in section 417A(2) does not empower any witness or any other person to prefer an ap..

Category: Criminal Law | Date: | Hits: 60

Kazi Moniruzzaman and others Vs. Kazi Nuruzzaman and others, 2006, 35 CLC (HCD)

....and documents have not been found to be suspicious or unauthentic or spurious. Hence, we are of the view that the learned trial Court had rightly admitted the said documents into evidence for ends of justice and for proper and effective adjudication of the suit. It is clear from the above view that ......ht to be produced in Court by the defendant when the written statement is presented, or to be entered in the list to be added or annexed to the written statement, and which is not produced or entered accordingly, shall not, without the leave of the Court, be received in evidence on his behalf at the......man and others…………………………..Petitioners Vs. Kazi Nuruzzaman and others ………………………………..Opposite Parties. Judgment March 13, 2006. Cases Referred to- Afsaruddin Ahmed Vs. Banque Indosuez, 44 DLR (AD) 136; Moyesuddin Mondal Vs. Bena Rani Das a......sentation of the written statement which were admitted into evidence without any explanation; that papers were not filed when the PWs were examined and thus the learned Court below committed error of law in taking those documents into evidence. 10. Mr. TH Khan with Mr. Mahbubey Alam, the learned ..

Category: Property Law | Date: | Hits: 131

Mansur Ali Howlader Vs. Nurul Islam Howlader, 2004, 33 CLC (HCD)

....the defendant No. 5 by reason of section 146 of the Code of Civil Procedure. That the rejection of the memo of appeal in question was made not in accordance with law and thereby caused miscarriage of justice to the petitioner and, as such, the impugned order is liable to be set aside. 4. Heard Mr......ppeal in accordance with law and to dispose of the appeal within 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 58 DLR (2006) 304, 26 BLD (HCD)(2006) 53....... Mansur Ali Howlader…………………………………………………..Petitioner Vs. Nurul Islam Howlader..........................................Opposite Parties. Judgment October 31, 2004. Cases Referred to- Indomoti Howlader Vs. ADC and others, 50 DLR 444; Delwar H......eal against the decree passed against the defendant No. 5 by reason of section 146 of the Code of Civil Procedure. That the rejection of the memo of appeal in question was made not in accordance with law and thereby caused miscarriage of justice to the petitioner and, as such, the impugned order is ..

Category: Property Law | Date: | Hits: 81

Abdur Rashid Salam Vs. Md. Moniruzzaman, 2005, 34 CLC (HCD)

....Senior Assistant Judge or Assistant Judge, from which no appeal lies: and if such Court appears to have committed any error of law resulting in an error in such decree or order occasioning failure of justice, the High Court Division may revise such decree or order and, make such order in the suit or......o granted earlier by this court is also vacated. Send down the lower court records at once if already received by the office of this Court. Ed. This Case is also Reported in: 58 DLR (2006) 298. ......��……………………………….Petitioner Vs. Md. Moniruzzaman …………………………………………………..Opposite Party. Judgment July 19, 2005. Cases Referred to- S. Azizul Hassan and another Vs. Malik Ghulam Muhammad, 1971 SCMR 123; Shankar Rao and other...... of the suit. It may be partly preliminary and partly final". Section 96 of the Code runs as follows: "96. (1) Save where otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie from every decree passed by any Court exercisin..

Category: Procedural Law | Date: | Hits: 90

Amin Uddin (Md.) Vs. State, 2006, 35 CLC (HCD)

.... matter having great social importance giving top most priority. LC records along with copy are sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 294, 26 BLD (HCD) (2006) 433. ......Shishu Nirjatan Daman Ain as contemplated under section 173 of the Code enabling the Nari-o-Shishu Nirjatan Daman Tribunal to take direct cognisance of offence under provisions of said Ain. 12. He accordingly, submits that cognizance order dated 26-9-05 by Nari-o-Shishu Nirjatan Daman Tribunal Br......��……………………………………….Respondent. Judgment April 26, 2006. Lawyers Involved: Md. Anisul Hoque, Advocate—For the Petitioner. ABM Waliur Rahman Khan, Deputy Attorney-General-For the State. Criminal Miscellaneous Case No. 1218 of 2006. Judgment Md. Ab......ll not take cognisance of any offence under said Ain for action without any written report from any police officer not below the rank of Sub-Inspector of police or from any other person authorised by law about the offence complained of. 6. He categorically explains that police report as above und..

Category: Criminal Law | Date: | Hits: 48

Nabisco Biscuit and Bread Factory Ltd. Vs. Baby Food Products Ltd. and another, 2005, 34 CLC (HCD)

....ew, it is only the words "NABICO'' and নেবিকো used in the impugned trade mark, which may be said to bear similarity to the trade mark of the petitioner. To that extent I feel that ends of justice will be met if the registration of the opposite party No. 1 is varied and the word "NABICO" ......he Act") calling upon the opposite parties to show cause as to why the registered trade mark No. 21508 in Class 30 should not be removed from the Register of Trade Marks and the Register be rectified accordingly. 2. It is stated in the petition that the petitioner has been engaged in the business......cordance with law to effect rectification of the Register of Trade Marks in the light of this Judgment. Ed. This Case is also Reported in: 58 DLR (2006) 287. ......ite party No. 2, ought not to have registered the impugned trademark of opposite party No. 1 in view of the provisions of section 10(1) and 8(a) of the Act. It is stated that the petitioner engaged a lawyer in order to oppose the registration of the impugned trademark No. 21508 in class 30 according..

Category: Intellectual Property Law | Date: | Hits: 386

Motleb Mondal Vs. State & others, 2005, 34 CLC (HCD)

....d permit the complainant's Counsel to conduct the proceedings on his behalf under his directions. 29. Alternatively, and that may meet the situation more adequately, Government, in the interest of justice, could notify the complainant's Counsel as special public prosecutor for the conduct of the ...... prevented by aforesaid Ainuddin Joarder and his group from praying for any legal remedy for the murder of his son Rezaul in the thana which also turned deaf ear to any approach by Motleb Mondal who, accordingly, filed petition of complaint over the incident as to murder of his son Rezaul to the Cog......��………….. Complainant- Petitioner Vs. State & others ……………………………………………...Accused-Opposite Parties. Judgment August 29, 2005. Cases Referred to: 18 DLR (SC) 474; 6 BLC 17; Nur Elahi Vs. State and others, 8 DLR (SC) 474. Lawyers Involv......s Case 57 of 2000 and complaint case was registered as Sessions Case 28/2001. Both the Sessions cases were sent to Additional Sessions Judge, 1st Court, Jenaidah for trial and disposal according to law. 8. Learned Advocate informs that learned Sessions Judge took up first the complaint case (Se..

Category: Criminal Law | Date: | Hits: 41

Sonali Bank Limited and Others Vs. Prime Global Limited and Others, 2011, 40 CLC (AD)

....from the date of receipt of this order in accordance with law. Ed. This Order is also Reported in: 63 DLR (AD) (2011) 99, 31 BLD (AD) (2011) 49, 16 MLR (AD) (2011) 151, 8 LG (AD) (2011) 119. ......from the date of receipt of this order in accordance with law. Ed. This Order is also Reported in: 63 DLR (AD) (2011) 99, 31 BLD (AD) (2011) 49, 16 MLR (AD) (2011) 151, 8 LG (AD) (2011) 119. ......ndent Nos.1 & 2. Dr. M. Zahir, Senior Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No. 6. Not represented-Respondent Nos. 3-5. Civil Petition for Leave to Appeal No. 2347 of 2010. Order ABM Khairul Hague CJ. - This petition for leave to appeal ha...... petitioner in the instant writ petition. 6. Mr. Mahbubey Alam, the learned Advocate appearing on behalf of the defendant-petitioner submits that the ex-parte decree is a nullity in the eye of law for the following reasons: i) No attempt was made to serve the summons upon the defendant-p..

Category: Civil Law | Date: | Hits: 102

Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed and others, 2006, 35 CLC (HCD)

....ed. 17. Now the point for determination is, whether the learned Court below committed any error of law in passing the impugned judgment resulting in an error in his decision occasioning failure of justice and whether the petitioner is entitled to get relief as prayed for. 18. The learned Advoc......alish dated 28-1-1957 and again their properties were partitioned by Arbitration held on 8-4-1957 and the award was executed and registered and thus the suit land fell in the share of Nurul Hoque and accordingly, Nurul Hoque got the 'ka' schedule land. 4. The further case of the plaintiff is that......dagar…………………………………….Petitioner Vs. Md. Syed Saifuddin Jaheed and others…………………………Opposite Parties. Judgment March 7, 2006. Case Referred to- Seth Shivrottam G Mohatta Vs. Messrs Mohammadi Steamship Co. Ltd, 17 DLR 487. Lawyers In......contested the application by filing written objection and the learned trial Court by order No. 35 dated 7-5-1994 rejected the application with the finding that such application is not maintainable in law. 11. Thereafter, the defendant No. 1 as petitioner filed miscellaneous case No. 230 of 1994 o..

Category: Property Law | Date: | Hits: 115

Kazi Rashed Akhter Shahid (Prince) Vs. Rokshana Choudhury (Sanda), 2006, 35 CLC (HCD)

....nd decree passed by the learned lower Court are neither proper nor in accordance with law and, as such, the impugned judgment and decree caused serious injury to the petitioner occasioning failure of justice. 12. The learned Advocate for the petitioner referred the case of Serajul Islam Vs. Helan......ial and economic position of the defendant-petitioner nor enquired about the income of the petitioner and that the learned District Judge ought to have seen that dower amount of the marriage, if any, according to her status cannot be more than 30,000 (thirty thousand). He further submits that the ju...... Kazi Rashed Akhter Shahid (Prince)…………………Petitioner Vs. Rokshana Choudhury (Sanda)………………………..Opposite Party. Judgment February 27, 2006. Cases Referred to- Serajul Islam Vs. Helana Begum, and others, 48 DLR 48; Shafiqul Islam and others Vs. State, ......orhan, the learned Advocate for the petitioner, submits that the learned District Judge, Tangail passed the judgment and decree without going deep into the facts and circumstances of the case and the laws applicable thereto; that the judgment and decree passed by the learned District Judge, Tangail ..

Category: Family Law | Date: | Hits: 184

State Vs. Harun Chowdhury, District Magistrate and Mostafa Kamal, SP Sylhet, 2005, 34 CLC (HCD)

....urt. Moreover, the contemners Harun Chowdhury as the District Magistrate of Sylhet and Mustafa Kamal as the Superintendent of Police, Sylhet are very much involved with the administration of criminal justice and maintenance of law and order in the district. It is their bounden duty to obey the order...... in 38 DLR (AD) 188. In that view of the matter, we have accepted their unconditional apology with caution that this sort of disobedience of the Court's order should not be repeated in the future and accordingly, they should be exonerated from the charge of contempt of Court with caution. In the pre......�…………………Petitioner Vs. Harun Chowdhury, District Magistrate and Mostafa Kamal, SP Sylhet…………… Contemners-Opposite Parties. Judgment May 24, 2005. Cases Referred to- State Vs. Farooq Ahmed, Subordinate Judge, 51 DLR 515 at page 516; Shamsur Rahman Vs. Tahera......rs Harun Chowdhury as the District Magistrate of Sylhet and Mustafa Kamal as the Superintendent of Police, Sylhet are very much involved with the administration of criminal justice and maintenance of law and order in the district. It is their bounden duty to obey the orders passed by this Hon'ble Co..

Category: Civil Law | Date: | Hits: 1272

MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)

....nal District Judge and Bankruptcy Court, Chittagong in Bankruptcy Case No. 6 of 2000 is declared to have been passed with lawful authority. Ed. This Case is also Reported in: 58 DLR (2006) 258. ......ules framed there under (Bankruptcy Rules, 1997), it appears that the very purpose of the law is to make provisions relating to bankruptcy and realizations of the creditor's claim of matured debt and accordingly, Rule 33(6) provides that a plaint shall be presented by a creditor to a Court after 90 ......……………………………….Petitioner Vs. Additional District Judge & Dewlia Adalat, Chittagong and another…… Respondents. Judgment November 17, 2005. Cases Referred to- Messrs Speed Bird Navigation Co. and another Vs. Bangladesh and others, 27 DLR 170; Fazle (M...... No. 1 in Bankruptcy Case No. 6 of 2000 (Annexure-D) and the subsequent proceedings in Bankruptcy Case No. 6 of 2000 pending before respondent No. 1 should not be declared to have been passed without lawful authority and to be of no legal effect and/or such other or further order or orders passed as..

Category: Civil Law | Date: | Hits: 131

Md. Lokman @ Lokman Vs. State, 2010, 39 CLC (AD)

.... High Court Division may interfere in order to prevent vexatious trial and as such the impugned judgment and order passed by the High Court Division is liable to be set aside for securing the ends of justice. He submits that the High Court Division committed an error of law on the face of the reco......Rule requiring no interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 156, 8 LG (AD) (2011) 81, 31 BLD (AD) (2011) 60. ......te Vs. Khondker Md. Moniruzzaman, 17 BLD (AD) 54. Lawyers Involved: T.H. Khan, Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioner. Criminal petition for Leave to appeal No. 270 of 2009. (From the judgment and order dated 18-03-2009 passed by the High Court......nal Petitioner for Leave to Appeal before this Court. 6. Mr. T.H. Khan, the learned Advocate appearing on behalf of the accused petitioner submits that the Court Division has committed an error of law passing the impugned judgment and order as it has failed to appreciate that the tribunal witho..

Category: Criminal Law | Date: | Hits: 73

Dhaka Leather Complex Ltd. Vs. Sikder Construction Ltd. and another, 2009, 38 CLC (AD)

....ost. The impugned judgment and order dated 18-08-2003 passed by the High Court Division in First Appeal No. 255 of 2002 is hereby affirmed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 75.......n the court for making the same Rule of the Court, in the circumstances, the defendant-Appellant thought that there was no need to continue with the Arbitration Miscellaneous Case No.33 of 1997 and accordingly on his prayer in the court the said Arbitration Miscellaneous Case was withdrawn on 04......td………………………………….Appellant Vs. Sikder Construction Ltd. and another………………….Respondents Judgment August 4, 2009. Cases Referred To- Overseas Cotton Co. Vs. S.M. Fazail and Co. PLD 1958 (WP) Karachi 27; Mohammad Shafi Vs. Mohammad Sabir, PLD 196......e, the above findings of the trial Court has been arrived at without looking into the aforesaid relevant materials and thereby the trial court failed to apply its judicial mind and committed error of law in making the award a Rule of the Court without any basis. The High Court Division has also comm..

Category: Alternative Dispute Resolution | Date: | Hits: 187

Abi Abdullah (Md.) and others Vs. Government of Bangladesh, 2005, 34 CLC (HCD)

.... petitioners are concerned. In the result, the Rule is made absolute so far as it relates to the petitioners without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 250. ...... petitioners are concerned. In the result, the Rule is made absolute so far as it relates to the petitioners without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 250. ......��..Petitioners Vs. Government of Bangladesh represented by the Secretary, Ministry of Land & others..……………………Respondents. Judgment November 29, 2005. Case Referred to- 31 DLR (AD) 195. Lawyers Involved: Mahmudul Islam with AQM Safiullah. Advocates For th...... the respondents to show cause as to why the impugned order dated 29-11-94 as contained in Annexure 'E' to the writ petition issued by respondent No.1 should not be declared to have been made without lawful authority and is of no legal effect and why a direction should not be issued upon the respond..

Category: Property Law | Date: | Hits: 99

Abdur Razzaque Zoarder and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....ity computed from 1995. The respondents also state that the impugned order reflects an attempt by the concerned authority undertaken with bona fide intention to mitigate an anomaly and thereby secure justice. In that view of the matter, the respondents state that the impugned order is correct and la......ation of the Final Seniority List of Assistant Engineers as under Annexure-B that the respondent Nos. 6 and 13 were appointed to that post by order of appointment dated 5-3-2000 (Annexure-C) and that accordingly, the Final Seniority List of Assistant Engineers as was prevalent on 2-3-2000 should hav...... the Respondents. Writ Petition No. 6436 of 2001. Judgment Syed Refaat Ahmed J.- In this Application under Article 102 of the Constitution a Rule Nisi was issued calling upon the respondents to show cause as to why the Impugned Order contained in Memo No. 225-Paubo-Kop/B-lKa/Sha-l/B-2/2001 ......eer prepared by Memo No. 65-Paubo (Kop)/B-l/Sha-l//l-Ja-1/95 dated 2-3-2000 thereby fixing seniority of respondent Nos. 6 to 13 above the petitioners shall not be declared to have been passed without lawful authority and is of no legal effect and why the respondent Nos. 1 to 5 shall not be directed ..

Category: Employment/Service Law | Date: | Hits: 79

Alimuddin and others Vs. Abdul Kabir and others, 2003, 32 CLC (HCD)

....uestion of limitation as has been held by the learned Joint District Judge has been utterly misconceived whereby he committed error of law resulting in an error in the decision occasioning failure of justice. 8. The learned Advocate submits further that the learned Joint District Judge committed ...... with the appeal in accordance of law. Send down a copy of this judgment to the learned Joint District Judge, Kishoreganj for compliance. Ed. This Case is also Reported in: 58 DLR (2006) 240.......nd others.…………………………………..Petitioner Vs. Abdul Kabir and others………………………………….Opposite Parties. Judgment June 29, 2003. Cases Referred to- 13 DLR 871; 1985 BLD 61; 1985 BLD 61. Lawyers Involved: Md. Omar Ali Khan, Advocate—......ange the nature and character of the suit or of the plaint, the question of limitation as has been held by the learned Joint District Judge has been utterly misconceived whereby he committed error of law resulting in an error in the decision occasioning failure of justice. 8. The learned Advocate..

Category: Procedural Law | Date: | Hits: 93

Executive Engineer, Sylhet Public Works Department Vs. Md. Asob Ali, 2005, 34 CLC (HCD)

....o hold a fresh auction after about 14 months keeping the plaintiff in uncertainty for such a long period. Mr. Mainuddin further submits that such action was also violative of the principle of natural justice and also harassment of the plaintiff whose business money was blocked for long time with the......onal District Judge and submits that it has been rightly held by the appellate Court below that the defendant acted in violation of the terms and conditions of the auction notice having not proceeded according to condition No. 5 of the auction notice, and having proceeded, without consulting the com......�……….Petitioner Vs. Md. Asob Ali……………………………………………………………………………….Opposite Party. Judgment August 17, 2005. Case Referred to- 2 MLR (AD) 109. Lawyers Involved: Md. Azizul Haque, with Md. Jafor Ali. Assistant At......act. Mr. Haque, then submits that the tenns of the notice for auction sale of goods inviting bids by submission of quotations are binding upon both the sides if the same are not in contradiction with law. Mr. Haque reads out conditions Nos. 4. 5. 6 and 9 of Auction Notice No. 6 of 2001-2002 which ar..

Category: Business or Commercial Law | Date: | Hits: 209

Tahera Begum and others Vs. Mizanur Rahman (Md.) and others, 2004, 33 CLC (HCD)

....ct Judge acted in excess of his jurisdiction in granting stay in Title Suit No. 12 of 2002 of all further proceedings of Title Execution Case No. 1 of 2002 which has, no doubt, resulted in failure of justice. 22. In the result, the Rule is made absolute with cost. Impugned order dated 27-7-02 pas...... in Title Suit No. 12 of 2002 staying all further proceedings of Title Execution Case No. 1 of 2002 is hereby set aside. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 224.......ers........................................Petitioners Vs. Mizanur Rahman (Md.) and others………………………………..Opposite Parties. Judgment March 16, 2004. Case Referred to- Amimdlah Bhuiyan and others Vs. Abdul Hafiz and others, 1981 BCR (AD) 131 = 33 DLR (AD) 282. ......ge, therefore, did not commit any error in holding that the final decree as drawn against a dead party, namely, defendant No. 232 Jalal Patwari, was a nullity and such decree could not be executed in law. In support, he cited Aminullah Bhuiyan and others Vs. Abdul Hafiz and others, 1981 BCR (AD) 131..

Category: Property Law | Date: | Hits: 72

Rafique Ullah (Md) Vs. Badsha Alam and others, 2005, 34 CLC (HCD)

....e-emption is maintained. The order of stay earlier granted by this Court stands vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 58 DLR (2006) 221. ......e jote and the soleh decree in Title Suit No. 30 of 1998 obtained by the pre-emptee-opposite parties in collusion with each other for the purpose of defeating the preemptor's right of pre-emption and accordingly, both the Courts below rightly allowed preemption on assigning cogent and sound reasons ......………………………………………………..Petitioner Vs. Badsha Alam and others..................................Opposite Parties. Judgment August 30, 2005. Case Referred to- Abdul Wahab Vs. Samad Ali, 33 DLR (AD) 113. Lawyers Involved: Md. Abul Kalam Chowdhury......tee-opposite parties contested the case by filing written objection denying all the material allegations of the pre-emption application and contended, inter alia, that the case is not maintainable in law, inasmuch as the opposite party No. 3 mortgaged the case land to opposite party Nos. 1-2 by a re..

Category: Property Law | Date: | Hits: 67

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