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AL-Arafah Islami Bank Limited Vs. M/S. Nobel Enterprise, 2010, 39 CLC (HCD)
....wer under Sections 38 and 39 of the Code transferred the execution case to the Court of Joint District Judge, for execution, who is empowered by law to execute such decree. Therefore, the Court below rightly rejected those applications which call for no interference by this Court. 7. In order to ......ruptcy Court, Dhaka rejecting Civil Revision No.393 of 2004 and affirming those of dated 19-08-2004 and 23-08-2004 passed by learned Joint District Judge, third Court, Dhaka, rejecting an application for dismissing Money Execution Case No.01 of 2004 as not maintainable and to return the case record ......on Case No. of 2004 within four months from the date of receipt of this order. Office is directed to send down the record at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 351. ......rict Court means the only District Judge, so the Joint District Judge has no jurisdiction to execute the said decree and as such the case record is required to be returned, which were rejected by the trial Court and affirmed in revision by the impugned order. No one appears to support the Rule. 4..Category: Procedural Law | Date: 12 Jul, 2010 | Hits: 28
Kohinoor Chemical Co. (BD) Limited Vs. Unilever Bangladesh Limited, 2010, 39 CLC (HCD)
....et up of the pack named "Fair & Care" which shall be treated as an infringement of the original product. He adds that the Court below considering the facts and circumstances of the case rightly allowed the application for temporary injunction which calls for no interference by this Cou......e suit No.1 of 2009 in the Court of District Judge, Dhaka against defendant under Section 96 read with section 24(2) of the Trade Marks Act, 2009 seeking following relieves: (a) to pass a decree for permanent injunction restraining the defendant from manufacturing, marketing, distributing, sell......opriety of the judgment and order dated 10-11-2009 passed by learned Additional District Judge, Second Court, Dhaka granting temporary injunction in respect of manufacturing, marketing and selling of fairness cream with trade mark "Fair and Care" described in Schedule-'B' of the pl......nd marketing of their respective product fairness cream with trade mark "Fair & Lovely" and "Fair & Care" specifically described in the schedule of plaint of the suit. The trial Court is directed to dispose of the suit within three months from the date of receipt of this ..Category: Intellectual Property Law | Date: 11 Jul, 2010 | Hits: 269
Monir Hossain (Md.) and anothers Vs. Bangladesh and others, 2010, 39 CLC (AD)
....ntment of the writ petitioners to different posts is not itself a final decision. The Government is not bound to accept the recommendation of the PSC. Therefore, the writ petitioners have acquired no right whatsoever of being appointed on the basis of the recommendation, inasmuch as, the petitioners......nsparent. The High Court Division observed that the posts were competitive and prized one and in such competitive examination "Transparency in the recruitment process was also necessary not only for the service but also for the Commission in order to maintain the public confidence in such const......tion is to be made, the Courts should be slow to interfere the opinion expressed by experts unless allegations of mala fide are made out and established. Now the question is whether the PSC conducted fair tests and examinations for selection of suitable persons. In this regard the High Court Divisio......No.2081 of 2008. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 41, VIII ADC (2011) 404, 8 LG (AD) (2011) 141, 16 MLR (AD) (2011) 245. ..Category: Employment/Service Law | Date: 11 Jul, 2010 | Hits: 104
.... report any information regarding the occurrence or likely occurrence of such incidents should not be declared to be without lawful authority and is of no legal effect and or violative of fundamental rights as guaranteed under Articles 27, 31, 32, 35(5) and 43 of the Constitution and why the respond......e imposition and execution of extra-judicial/legal penalties by way of framing and adopting and disseminating appropriate guidelines, directions or orders to all concerned authorities to report any information regarding the occurrence or likely occurrence of such incidents should not be declared to ...... Court. On queries made by the Court the victim stated that no occurrence took place as alleged in the news report published in "The Daily Star" on 24.1.2010. She, however, admitted that she had an affair with respondent No.6, Enamul Mia, who happens to be her paternal cousin. She also stated that s...... of these are offences under Bangladesh law. It should be pointed out that a man is liable to punishment for committing adultery, but the woman involved cannot be prosecuted as an abettor.
34. The trial of any offence and imposition of penalties may only be done by established Courts and tribunal..
Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335
Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)
.... avoid this deposit, it appears, the petitioner has sought a short cut by invoking section 151 CPC which is not applicable in such a situation. The application under section 151 is found to have been rightly dismissed. This petition is dismissed." (underlined by us) 17. The learn...... 1990 has ousted jurisdiction of all courts and authorities to challenge Judgment and Order of Artha Rin Adalat. But under section 7 of Artha Rin Adalat Ain, 1990 appeal can be preferred against the aforesaid Judgment and order. For preferring appeal 50% of the decretal amount must be deposited. Sec......3 of 2001 is hereby affirmed. However, there will be no order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 301. ......upon the petitioner filed an application under section 151 of the Code of Civil Procedure for setting-aside the judgment and decree on the ground of 'fraud'. The same was rejected by the trial court on the ground of maintainability which was also affirmed by this division, against ..Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6
Md. Sahab Uddin Vs. State and another, 2010, 39 CLC (HCD)
....transferee of the cheque) as the holder. This is clear from the definition of the word 'negotiation’, as given in section 14 of the Act. Crossing of a cheque as account payee does not mean that the right of the payee to collect the amount due under an account-payee cheuqe has ceased. Crossing of c......at the right of the payee to collect the amount due under an account-payee cheuqe has ceased. Crossing of cheque simply requires the payee to deposit the account payee cheque in the bank of the payee for collection and that he cannot transfer this cheque to any other persons by negotiation………â......ult, the rule is discharged. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at office. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 467. ......ct, 1881, (the N.I. act) against the accused by the Magistrate. The accused petitioner thereafter appeared before the Magistrate and he was enlarged on bail. 3. Thereafter the case being ready for trial, the same was sent to the learned Metropolitan Sessions Judge, Chittagong, for trial and the c..Category: Civil Law | Date: 30 May, 2010 | Hits: 43
Abul Hashem Vs. State, 2010, 39 CLC (HCD)
....when they reached near the deceased Abul Hashem then accused Abul Hashem gave a dao blow from behind upon vault of head of deceased Abul Hashem and then accused Mohsin dealt another dao blow upon his right elbow joint causing bone cut injury and accused Abdul Hossain again dealt a dao blow upon righ......re is no eyewitness or there is hardly any circumstantial evidence it is essential that the persons who are the next door neighbours or lived near the place of occurrence should be examined for unfolding of the case. And when the prosecution did not examine the witnesses without satisfacto......e set at liberty at once if not wanted in connection with any other case. Send down the LC records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)16. ......ponsible for the death of Abul Hashem and he was murdered by the rival smugglers out of enmity at any where and they were falsely implicated in this case at the instance of their enemies. 8. The trial court after consideration of the evidence on record found the accused-persons guilty of the ch..Category: Evidence Law | Date: 26 May, 2010 | Hits: 8
Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)
....98, where the Court after considering para 2 of the plaint, where it has been stated that the Khatian No.14 recording raiyati interest of Naurraja was a collusive one and that Naurraja had no raiyati right in the Khatian No.14 and that he did not pay any rent for such raiyati holding, it was contend......endant-Appellants Vs. AKM Zakir Hossain and another………………………Respondents Judgment May 12, 2010. Result: The appeal is allowed. In a suit for specific performance of a contract, the prime consideration is the bainapatra i.e. the agreemen......ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ......at material facts must be stated by the parties either in offence or in defense. If a party omits to state a material fact in his pleading, he will not be allowed to lead evidence of that fact at the trial unless the pleading is lawfully amended. Even if, evidence is given on such fact, such evidenc..Category: Property Law | Date: 12 May, 2010 | Hits: 133
....ndant Nos.1-3 Md. Nurul Haque
Sheikh is added as defendant No.5 in the suit.
Let a copy of this Judgment be sent
down at once.
This Case is also Reported in: 17 MLR (HCD) (2012) 409. ...... Code of Civil Procedure, 1908 (V of 1908); Order I Rule 10(2)
Addition of party
In exceptional facts and
circumstance, if the presence of a stranger to the contract is necessary for
effective and complete adjudication of the issues and to avoid multiplicities
of suit and proc......ndant Nos.1-3 Md. Nurul Haque
Sheikh is added as defendant No.5 in the suit.
Let a copy of this Judgment be sent
down at once.
This Case is also Reported in: 17 MLR (HCD) (2012) 409. ......
application under section 115(1) of the Code of Civil Procedure and obtained
the present Rule.
6. Mr. Joyanta Kumar Biswas, the
learned Advocate appearing for the petitioner submits that the trial Court below
ought to have considered that the defendant Nos.1-3 appointed their attorney
Md...
Category: Procedural Law | Date: 9 May, 2010 | Hits: 4
Nazma Sarwar and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
.... Surrender before the court and fugitive from justice The principle of criminal jurisprudence is that the person concerned should submit to the process of justice before he can claim the right of audience provided in law as well as the judicial convention, which is very much effective ......y of home Affairs, Bangladesh Secretariat, Ramna Dhaka and others...................Respondents Judgment May 6, 2010. Result: The Rule is discharged. Surrender before the court and fugitive from justice The principle of criminal jurisprudence is that the p...... SM Emdadul Hoque J Nazma Sarwar, wife of A.T.M. Sarwar Hossain and others...............Appellants Vs. Government of Bangladesh repreÂsented by the Secretary, Ministry of home Affairs, Bangladesh Secretariat, Ramna Dhaka and others...................Respondents Judgment ....... Mr. Khorshed Alam Khan, the learned counsel for the respondent No.3, the Anti-Corruption Commission, however, submits that the petiÂtioner in the instant writ petition did not surrender before the trial Court and he is a fugitive from justice. The learned Advocate submits that the Rule is not mai..Category: Procedural Law | Date: 6 May, 2010 | Hits: 109
Sarwar Hossain Moni Vs. State and another, 2010, 39 CLC (HCD)
....irements are present to bring the offence under section 138 of the Negotiable Instrument Act, 1881. 19. In the light of the discussions made hereinÂbefore, we are of the view that the Court below rightly took cognizance of the offence and framed charge against the accused-petitioner and we can s...... Court, Dhaka should not be quashed. 2. Pending disposal of the Rule, all further proceedings of the said Metropolitan Sessions Case was also stayed by this Court. 3. Background facts necessary for disposal of the Rule in a nutshell is that the complainant oppoÂsite party No.2 filed the Compl......ed to dispose of the case as expeditiously as possible. Let a copy of this order be communicated to the Court concerned immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 510.......ndered before the learned Chief Metropolitan Magistrate, Dhaka and obtained bail therefore. That the case was subsequently transÂferred to the Court of learned Metropolitan Sessions Judge, Dhaka for trial and the case was renumbered as Sessions Case No.1901 of 2009 and thereafter the case was furth..Category: Banking Law | Date: 6 May, 2010 | Hits: 573
Abdul Qadir and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....e party Nos.1, 3-71 as defendants praying for declaration of title in respect of 7.50 and 3.50 acres of land as described in the schedule of the plaint on the averments that the plaintiffs have got right, title and possession over the suit land by way of purchase from the original recorded tenan......party Nos.72-78 as plaintiffs instituted Title Suit No.241 of 1999 in the Court of the then Subordinate Judge, 2nd Court, Narayangonj impleading the opposite party Nos.1, 3-71 as defendants praying for declaration of title in respect of 7.50 and 3.50 acres of land as described in the schedule of......ervation made above. The order of stay granted earlier by this Court stands vacated. Communicate this Judgment at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 473. ......hout any order as to cost. The impugned order dated 10.7.2008 passed by the learned Joint District Judge, Narayangonj in Miscellaneous Case No.8 of 2006 is set-aside and the case is remanded to the trial Court for fresh decision in the light of the observation made above. The order of stay grante..Category: Procedural Law | Date: 28 Apr, 2010 | Hits: 4
Abu Borhan Khan Khokon Vs. The State & another, 2010, 39 CLC (HCD)
.... arising of cause of action having no ambiguity in it and therefore, there is no legal flaws in filing the case and the learned Assistant Sessions Judge, Tangail on appreciating the said legal aspect rightly took cognizance of the offence. He further submits that there is no legal ground in the inst......: None appears - For the Petitioner. Nizamul Haque Nazim, Assistant Attorney General - For the State. Criminal Miscellaneous Case No. 14286 of 2007 (An Application u/s 561A Cr.P.C for quashment of proceedings u/s 138 of the Negotiable Instruments Act, 1881 in session case No. 161...... The order of stay granted earlier shall stands vacated. Send a copy of this judgment to the Court concerned for compliance. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 300....... taken against the petitioner. The petitioner voluntarily surrendered in the Court of Magistrate 1st Class, Tangail and obtained bail and thereafter the case was transferred to the Sessions Court for trial and it has been registered as Sessions Case No. 161 of 2007 who again transferred the case to ..Category: Banking Law | Date: 25 Apr, 2010 | Hits: 177
Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)
....be termed as an act done by the accused-petitioner as public servant within the scope of his official duty or purporting to discharge of the official duty. The High Court Division in this context has rightly relied on the decision of the case of Amrik Singh Vs. State of Pepsu reported in AIR 1955 SC......; Amrik Singh Vs. State of Pepsu, AIR 1955 SC 309 Lawyers Involved: Jaynul Abedin, Advocate-On-Record-For the Petitioner. None Represented-For the Respondent. Criminal Petition for Leave to Appeal No. 293 of 2009. (From the judgment and order dated 10.02.2009 passed by th......r arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 219. ......t the accused persons including the accused petitioner under Sections 25B and 25D of the Special Powers Act, 1974. Then the case was sent to the Court of Metropolitan Special Tribunal No.1, Dhaka for trial and registered as Metro Special Tribunal Case No.879 of 2007. 5. It is stated that the ac..Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119
Md. Amzad Hossain Sarder alias Bhojey and others Vs. State, 2010, 39 CLC (HCD)
....n the basis of the testimony of ocular witness leaving aside the post mortem report. Further we have meticulously scrutinized the impugned order wherein it appears that the learned Sessions Judge has rightly observed in the impugned order that he has considered the seizure list, post mortem report, ......ction114 of the Penal Code against the petitioner No.1 should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts relevant for the disposal of this rule, in short, is that one Kazi Md. Ataur Rahman (Boro Babu) being informa......not inclined to interfere with the impugned order. In the result, the rule is discharged. Communicate the order forthwith. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 416. ......ents of witnesses and thereafter he framed charge. 9. We do not find any illegality in the impugned order. The fact whether the occurrence took place or not it can only be decided at the time of trial on examination of witnesses and there is no reason to interfere the impugned order which is we..Category: Evidence Law | Date: 12 Apr, 2010 | Hits: 8
Md. Osman Gani alias Faruq Mia Vs. Deputy Commissioner and others, 2010, 39 CLC (HCD)
....mination of the quesÂtion of service of summons." 6. The learned Counsel lastly submits that as the Government pleader appeared in suit in time so service of summons upon defenÂdants were rightly exhausted in view of the Rule 281 of Civil Rules and Orders. In support of his contentions h......plication under Order IX rule 13 of the Code two questions are primarily to be answered: (a) Whether summons were duly served on the defendant, and (b) Whether the defendant has sufÂficient cause for non appearance in spite of the service of summons on him. Mere appearance of the Government Ple....... Office is directed to communicate the order at once. Syed Md. Ziaul Karim J.- I Agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 179; 18 BLT (HCD) (2010) 311 . ......the third Court of Assistant Judge, against defendants for declaration of title and declaration that vested property proceedings in respect of suit land is illegal, void and not binding upon him. The trial Court by the Judgment and decree dated 01-06-2004 decreed the suit ex parte. Against which Add..Category: Procedural Law | Date: 6 Apr, 2010 | Hits: 111
Sayeda Nasima Sarwar Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....the case of Mahmud Hossain, where it was held: "Cardinal principle of the criminal jurisprudence is that the person concerned should submit to the process of justice before he can claim the right of audience provided in law as well as the judicial convention, which is very much effective i...... has in respect of their prima-facie satisfaction about the petitioner's involvement in aiding and abetting the principal accused may only be seen by the trial Court when the evidence is placed before it. At that stage the petitioner will have the opportunity to challenge the evidence produced b......jibar Rahman Sarwar…………………………Petitioner Vs. Government of Bangladesh, Represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others………………&hell......edy The evidence that the prosecution has in respect of their prima-facie satisfaction about the petitioner's involvement in aiding and abetting the principal accused may only be seen by the trial Court when the evidence is placed before it. At that stage the petitioner will have the opport..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 103
Safiat Sobhan Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
.... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this Judgment be communicated at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 511. ...... Result: The Rule is discharged and connected stay order is vacated. Cases Referred To- Anti-Corruption Commission, represented by its Chairman, Dhaka Vs. Shamima Begum, Civil Petition for Leave to Appeal No.1656, 1658-59 of 2008; Anti Corruption Commission Vs. Md. Hasan, Civil Petiti...... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this Judgment be communicated at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 511. ......idence which may show the extent and nature of the activity of the petitioner. The evidence which has been collected by the investigating authority is not before us and can only be looked into by the trial Court. The petitioner has the opportunity to challenge the further proceedings of the case und..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 189
Md. Tofazzel Hossain and others Vs. People's Republic of Bangladesh, 2010, 39 CLC (HCD)
....ve already been struck out from the money suits of the Respondent No.6 which has been disposed of by setting the liabilities. So the petitioners are no longer alleged defaulters and the Bank has no right to treat them as defaulters and the Respondent No.2 may be directed to exclude the names of t......petitioners in availing Bank facilities pursuant to the alleged CIB Embargo noted as B-code 2614 and B-code 2615 imposed on 30-06-1998 in the ledger of CIB, Bangladesh Bank. 2. Relevant facts for disposal of the Rule, in short, are that the petitioners are the citizens of Bangladesh and the......at the impugned embargo is without lawful authority inasmuch as exercise of statutory power by the public functionaries relying on a unjustified and false report of the Respondent No.6 is not just, fair, reasonable, transparent and bonafide. 10. Respondents contested the Rule by filing sepa......f this Judgment and order. Ad interim direction granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 235. ..Category: Civil Law | Date: 16 Mar, 2010 | Hits: 7
Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
....Pleadings In exercising this power the Supreme Court would be reluctant to allow an amendment which would have the effect of totally altering the nature of the suit or of taking away a valuable right accrued by lapse of time, but where in the circumstances of a particular case it would be plai......nce came into existence some time after the disposal of the suit, the appellate Court would be justified in admitting the additional evidence even at the appellate stage, if the Court thinks that but for the additional evidence there would remain some inherent lacuna and defect in the evidence made ....... 44. In the result, the appeal is dismissed. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 323. ...... additional evidence even at the appellate stage, if the Court thinks that but for the additional evidence there would remain some inherent lacuna and defect in the evidence made available before the trial Court. ..................................(34) Cases Referred to- Jadav Chandra Vs. A..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
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