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Abdul Mannan (Md) Vs. Swaraj Roy and others, 2001, 30 CLC (HCD)

....is affirmed. No order as to costs. The order of stay granted at the time of issue of the Rule is hereby re-called and vacated, Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 352. ......hem to be included within the framework of the present suit. That will convert the present suit for specific performance of contract into a suit for determination of title which is not permissible in law. 9. In the case of Muzaffar Ali, a Division Bench relying upon the above decision of the Appe..

Category: Property Law | Date: | Hits: 31

Khulna Newsprint Mills Limited Vs. Chairman, Labour Court, 1999, 28 CLC (HCD)

....impugned judgment and order passed by that Labour Court is set aside without any order as to costs. Let the LC Records be sent down Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 271.......mpugned order dated 19-3-94 passed by the respondent No.1 the Chairman, Khulna Labour Court, in IRO case No.5 of 1993 (Annexure-E to the petition) should not be declared to have been made without any lawful authority and of no legal effect. 2. Facts necessary for the disposal of the Rule, in brie..

Category: Labour and Industrial Law | Date: | Hits: 117

Amir Hossain Bhuiya (Md) Vs. Harisul Haq Bhuiya and others, 1999, 28 CLC (HCD)

....f receipt of the lower court records. Stay granted earlier by this Court is in vacated. Send down the lower Court records at once Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 267.......tatement wherein they denied all the material averments made in the plaint. Their case, inter alia, is that the voter’s list had been legally prepared and published and the list has the sanction of law. The pesh Imam, Muazzins of the Mosque of the factory, the teachers and other employees of the e..

Category: Labour and Industrial Law | Date: | Hits: 99

Mirpur Mazar Co-operative Market Society Ltd. Vs. Ministry of Works, Government of People’s Republic of Bangladesh and others, 1999, 28 CLC (HCD)

....) Ltd. registered on 6-4-93 is null and void. Let a copy of the judgment be sent t the Ministry of Law and Parliamentary Affairs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 263. ......ic shall extend to the acquisition, sale, transfer, mortgage and disposal of property, the carrying on of any trade or business and the making of any contract.” 6. Thus a material proposition of law arose as to whether the manner of disposal of the suit land in the instant case was in accordanc..

Category: Property Law | Date: | Hits: 72

Ganesh Chandra Das Vs. Arati Acharjya, 2001, 30 CLC (HCD)

....d down the original records at once with a copy of this judgment to the learned District Judge, Chittagong for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)348. ......evisional application was flied mainly on the grounds that the judgments and decrees of both the Courts below are not on the basis of legal evidence on record and both Courts below committed error of law resulting an error in the decision occasioning failure of justice, that the trial court misread ..

Category: Family Law | Date: | Hits: 186

Mirza Abdul Bari Beg and Others Vs. Zahidannessa and others, 2001, 30 CLC (HCD)

....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. ......ssession fixing 28-9-2000 for return. 5. Mr. Mozibur Rahman, learned Advocate for the petitioners, submits that in view of section 6 of the Law Reforms Ordinance, 1984 the executing Court erred in law in issuing the writ of delivery of possession. It appears that on this ground only the Rule was ..

Category: Property Law | Date: | Hits: 29

Pubali Bank Ltd. Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)

.... 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....... such case the plaintiff may take recourse to section 151 CPC for rejection of counter-claim, or, alternatively, the plaintiff may make the maintainability of the set-off or counter-claim an issue of law under Order XIV rule 2 CPC and make the issue decided at first. In paragraphs 20 and 21, the App..

Category: Civil Law | Date: | Hits: 93

State Vs. Rashid Ahmed & others, 2002, 31 CLC (HCD)

....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. ......recorded their statements under section 161 of the Code of Criminal Procedure and, on completion of the investigation, submitted charge-sheet against the accused persons under appropriate sections of law to stand trial before the Court. 29. From the discussion of the evidence made above, it is fo..

Category: Criminal Law | Date: | Hits: 76

Shamsul Haque (Md) Vs. State, 1999, 28 CLC (HCD)

....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. ......further submitted that the learned Additional Sessions Judge has passed the impugned judgment without proper assessment of evidence of the P.W.s and, as such, the said judgment is not maintainable in law. He refers a decision in the case between Abu Taher Chowdhury Vs. State reported in 42 DLR (AD) ..

Category: Criminal Law | Date: | Hits: 32

Delwar Hossain Khan Vs. Alhaj Rustum Ali & others, 2001, 30 CLC (HCD)

....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. ...... order, the petitioner obtained the above Rules. 13. Mr. Garib Newaz, for the petitioner, mainly submits that the application of the claimants are not maintainable and the executing Court erred in law in allowing the same when the land claimed by the claimants is not covered by the decree. He rel..

Category: Property Law | Date: | Hits: 26

Rice Mill Owners Association Vs. Government of Bangladesh and others , 2002, 31 CLC (HCD)

....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....... why the impugned Memo No. Bim/Dba-1/G 10/99/47 dated 7-3-2000 and licence No. 5/2000 dated 7-3-2000 (Annexure B and B1) respectively issued by the respondent No. 3, should not he declared to without lawful authority and of no legal effect and why respondent No. 2 should not be directed to withdraw ..

Category: Civil Law | Date: | Hits: 162

Abdul Muhit and others Vs. Social Investment Bank Limited (SIBL) and others, 2001, 30 CLC (HCD)

....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.......cates—For Respondent No. 4. (In Matter No. 78 of 2001). Matter No. 78 of 2001 with Matter No. 86 of 2001. Judgment K M Hasan J. - These two applications are taken together as the facts and law points involved in both the cases are similar. In Matter No. 78 of 2001 an application is made f..

Category: Company Law | Date: | Hits: 208

Mohammad Ali Vs. State, 2000, 29 CLC (HCD)

.... down the LC record along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 245. ......essional statements of three accused persons, namely, Mansur Ali, Serajuddin and Sekendar Ali under section 164 of the Code of Criminal Procedure after observing all the formalities as provided under law. He claimed that he recorded the same on being satisfied that the same is true and voluntary. He..

Category: Criminal Law | Date: | Hits: 89

Kajemuddin Miah (Md) Vs. Bangladesh and others, 1999, 28 CLC (HCD)

....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. ......pondents were called upon to show cause as to why the impugned order as contained in case No. 9-24 dated 29-11-84 (Annexure) issued by respondent No.1 should not be declared to have been made without lawful authority and is of no legal effect. 2. The case of the petitioner, in short, is as follow..

Category: Property Law | Date: | Hits: 68

Solaiman Ali (Md.) trading as Aarman Soap Factory Vs. Md. Abul Hussain, trading as Munni Soap Dhaka and another, 2001, 30 CLC (HCD)

.... 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. ......y No. 1. But no notice of the order of advertisement of the application of the opposite party No. 1 was served upon the petitioner. 4. The petitioner not being aware of different provisions of the law relating to registration of trade marks failed to oppose registration of the trade mark No. 4677..

Category: Intellectual Property Law | Date: | Hits: 167

Siddique Ahmed Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, 2010, 39 CLC (HCD)

....redefined Bengali nationalism. This was an inclination in favour of using Muslim history to serve his personal purpose. Within two years of taking over power, General Zia replaced Bengali Nationalism amending the Constitution. On the face of it the matter may appear to be trivial. But trivial as it ...... No. 696 of 2010 Judgment AHM Shamsuddin Chowdhury J.- By this Petition, which engendered the under mentioned Rule, the petitioner sought to have the conviction and sentence, a special martial law court passed on him on 20th March 2006, set aside. 2. Although the relief the petitioner ask..

Category: Constitutional Law | Date: | Hits: 482

Shan Hosiery Vs. Bangladesh Jatiya Shamabaya Shilpa Samity Ltd and others, 2002, 31 CLC (HCD)

....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.......ssession is a dispute within the meaning of section 86 of the Ordinance to be referred to the Registrar. 8. We shall see whether the learned Subordinate Judge acted within his jurisdiction and the law in rejecting the plaint while disposing an application for temporary injunction. As stated above..

Category: Property Law | Date: | Hits: 31

Selim (Haji Md) Vs. Collector of Customs and others, 2001, 30 CLC (HCD)

....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.......—For the Respondents (In both the cases). Writ Petition Nos. 291 of 1999 and 128 of 1999. Judgment Abu Sayeed Ahammed J.- Both the Rules have arisen on the similar disputed facts and same law point is involved and, as such, with the consent of the learned Counsels for the petitioners, bo..

Category: Fiscal/Taxation Law | Date: | Hits: 62

Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)

.... 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.......ubmits that under section 96(3) of the Act, an applicant is required to deposit the actual value of the land transferred together with the compensation and the learned Senior Assistant Judge erred in law in rejecting the application without deciding the application on the basis of the deeds produced..

Category: Property Law | Date: | Hits: 28

Nisha Rani Devi Vs. National Board of Revenue, Peoples Republic of Bangladesh and others, 1998, 27 CLC (HCD)

....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. ......ietor, Supersign Industries (Electrical), a licensed importer and manufacturer of electrical cables and other similar product, imported PVC compound in the assessment years 1975-76 and 1976-77 as per law and rules and an amount of Taka 1,78,866.00 and Taka 4,20,246.00 respectively thus totaling an a..

Category: Fiscal/Taxation Law | Date: | Hits: 69