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Mirza Abdul Bari Beg and Others Vs. Zahidannessa and others, 2001, 30 CLC (HCD)
....king an application under section 115 of the Code of Civil Procedure against order dated 10-9-2000 passed by Senior Assistant Judge at Sadar in Rangpur Other Execution Case No. 2 of 1997. 2. Short facts for disposal of the Rule are on 13-5-81 opposite party No.1 and the predecessor of opposite pa......holders. Ed. This Case is also Reported in: 54 DLR (2002)344. ......cree-holders and, as such, section 6 of the Ordinance had no manner of application. 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 decre..Category: Property Law | Date: | Hits: 29
Pubali Bank Ltd. Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
....this present revisional application is not at all maintainable. 5. We have gone through the contents of the decision reported in 46 DLR (AD) 174. In paragraphs 2, 3 and 4 of the above decision the facts of the case and the contention of the parties were stated and in paragraphs 7 and 8 the submis......eme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Tafazzul Islam J Sikder Maqbul Huq J Pubali Bank Ltd……………………..Petitioner Vs. Mazid and Co. and others................ Opposite Parties Judgment December 3, 2000. Cases Ref...... 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)
....nt grudge against him. 12. In this case, the first information report is a matter of special importance because the maker of the first information report died shortly after having made it. In the facts of the case the first information report is clearly admissible in evidence under section 32 of......al 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’ and when he came near the house of the accused persons, accused Rashid Ahmed and 17 others, being ar...... Assistant Attorney-General appearing for the State appellant, submits that although the prosecution proved its case against the accused-respondents by most consistent, corroborative and overwhelming evidence of competent witnesses, the learned Additional Sessions Judge on mis-reading and non-readin..Category: Criminal Law | Date: | Hits: 76
Shamsul Haque (Md) Vs. State, 1999, 28 CLC (HCD)
....that a father will violate the minor friend of his own minor daughter with the help of the mother of their daughter. Even if we take it as nothing is impossible in the present day, but the situation, facts, evidence and circumstances of the case do neither corroborated such a fact nor lead us to dra......Shamsul Haque (Md)………………………….Accused-Appellant Vs. State…………………………….Respondent Judgment December 8, 1999. Cases Referred to- Akhter Hossain and others Vs. State, 4 BLC 236 Abdul Wahed alias Chandu Mia Vs. State, 4 BLC 320. Abu Taher Chowdhu......fe of the informant and due to protest of the appellant against unsocial activities of the family of the informant. 5. The prosecution examined 10 (ten) witnesses in the case and on closing of the evidence the appellant and his wife were examined under section 342 of the Code of Criminal Procedur..Category: Criminal Law | Date: | Hits: 32
Delwar Hossain Khan Vs. Alhaj Rustum Ali & others, 2001, 30 CLC (HCD)
....pposite Parties. Civil Revision No. 2612 of 2001 with Civil Revision No. 2617 of 2001. Judgment Md. Abdur Rashid J. - This order will dispose both the Rules, which arise out of the following facts and circumstances: 2. On 8-11-1994 opposite party Nos. 1 to 9 in the earlier Rule made an a......e Parties. Civil Revision No. 2612 of 2001 with Civil Revision No. 2617 of 2001. Judgment Md. Abdur Rashid J. - This order will dispose both the Rules, which arise out of the following facts and circumstances: 2. On 8-11-1994 opposite party Nos. 1 to 9 in the earlier Rule made an applica......n any of the cases. An Advocate Commissioner was appointed for ascertainment of the dispossessed land. 11. Learned Subordinate Judge disposed of the cases by one judgment. On consideration of the evidence on record, learned Subordinate Judge held that opposite parties were in possession of the l..Category: Property Law | Date: | Hits: 26
Abdul Muhit and others Vs. Social Investment Bank Limited (SIBL) and others, 2001, 30 CLC (HCD)
....yeed. Advocates—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...... 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
Mohammad Ali Vs. State, 2000, 29 CLC (HCD)
....th the offence nor ever took past thereto but have been implicated in the case out of enmity and grudge. 7. The learned trial Court thereafter in consideration of the evidence on record as well as facts and circumstances of the case, however, found accused-appellant Mohammad Ali along with accuse......he Respondent State. Criminal Appeal No. 2015 of 1997. Judgment Md. Hassan Ameen J.-This criminal appeal, at the instance of accused-appellant Mohammad Ali, is directed against the judgment and order dated 29-6-97, passed by the learned Assistant Sessions Judge, Bogra, in Sessions Case No.......hey were neither implicated with the offence nor ever took past thereto but have been implicated in the case out of enmity and grudge. 7. The learned trial Court thereafter in consideration of the evidence on record as well as facts and circumstances of the case, however, found accused-appellant ..Category: Criminal Law | Date: | Hits: 89
....n application under section 46 of the Trade Marks Act, 1940 for rectification of the Register of Trade Marks by removal of the registered trade 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 o......iction)
Present:
KM Hasan J
Solaiman Ali (Md.) trading as Aarman Soap Factory…………………………………….Petitioner
Vs.
Md. Abul Hussain, trading as Munni Soap Dhaka and another…………..…….Respondents
Judgment
November 11, 2001.
Cases Referred ......h it is registered in other’s name. But in this case the petitioner not claim to be the true owner of the Trade Mark, he only claims that he is the first user of the Trade Mark in Bangladesh but no evidence has been adduced in support of such claim. As the petitioner has failed to make out a case ..
Category: Intellectual Property Law | Date: | Hits: 167
....hat all men should be women, they would be women so far as the law is concerned. “In speaking of the power of Parliament” said Sir Ivor Jennings, “we are dealing with legal principles, not with facts. Though it is true that Parliament cannot change the course of nature, it is equally true that......on)
Present:
AHM Shamsuddin Choudhury J
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.....Resp......torical light. This event testifies the denigrating deceit that he wrought upon the nation. At the other end, the same event proved that he had joined the liberation war under duress. Despite so many evidence to prove his unwilling participation, for the sake of honour and prestige of the war of lib..
Category: Constitutional Law | Date: | Hits: 482
Shan Hosiery Vs. Bangladesh Jatiya Shamabaya Shilpa Samity Ltd and others, 2002, 31 CLC (HCD)
....otal disregard of the above averments made in the plaint. Moreover, it is now well established principle of law for safe guidance that the question of limitation is always a mixed question of law and facts, which can only be decided on evidence to be adduced at the trial of a suit. The finding on li......l 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 January 28, 2002. Lawyers ......nised all of them. We find that in the plaint it is clearly averred that the suit premises belongs to the Samity, defendant No. 1, which let it out to the plaintiff. The contract dated 25-3-1992 also evidences so wherein the chairman of the Samity clearly stated that the suit premises is a unit of t..Category: Property Law | Date: | Hits: 31
Selim (Haji Md) Vs. Collector of Customs and others, 2001, 30 CLC (HCD)
....ttorney-General—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 ......on (Special Original Jurisdiction) Present: Abu Sayeed Ahammed J Mirza Hussain Haider J Selim (Haji Md)………………………………. Petitioner Vs. Collector of Customs and others ………………..Respondents Judgment October 31, 2001. Cases Referred To- ......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)
....Code of Civil Procedure, in brief, the Code, against order No. 33 dated 4-5-2000 passed by Senior Assistant Judge at Sadar in Sunamganj in Miscellaneous Case No. 22 of 1998 (pre-emption). 2. Short facts for disposal of the Rule are that opposite parties Nos. 1 and 2 made an application under sect......4 DLR (2002) 285....... of the Act is essentially summary in nature. Deciding the application for preemption, the Court cannot go behind the intentions of the parties in executing the deed of the transfer. Furthermore, any evidence to vary the terms of such deed is also barred under the provisions of section 91 of the Evi..Category: Property Law | Date: | Hits: 28
Shaikh (Md) Obaidullah Raihan Vs. Sayed Shahidul Haque Jamal and others, 2002, 31 CLC (HCD)
....o become a defaulter under that definition. Mr. Farooqui has also submitted that the judgment was passed against the respondent on 4-6-95, the execution case was started in 1997 but suppressing those facts, respondent No.1 contested the last general election from constituency No.132 Barisal with Pir......ivision (Special Original Jurisdiction) Present: Md. Hamidul Haque J Nazmun Ara Sultana J Shaikh (Md) Obaidullah Raihan ……………Petitioner Vs. Sayed Shahidul Haque Jamal and others……………………………Respondents Judgment January 28, 2002. Cases Ref......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
....ance tax. It is not in dispute that the petitioner imported PVC compound for manufacturing electrical cables, manufactured cables and sold the same in the market. The petitioner, in addition to those facts, also admitted to have sold finished products i.e. electrical cables to the tune of Taka 7, 15......
(Special Original Jurisdiction)
Present:
Mahfuzur Rahman J
MA Aziz J
Nisha Rani Devi…………………Petitioner
Vs.
National Board of Revenue, Peoples Republic of Bangladesh and others….……Respondents
Judgment
July 21, 1998.
Cases Referred To-
Commissione......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)
.... not be set aside. 2. By the impugned order the learned Subordinate Judge directed one Ramesh Chandra Das @ Chowdhury to be present in court to prove a Power-of-Attorney executed by him. The short facts leading to this Rule are that the opposite party No.1 as plaintiff instituted Title Suit No.14......hingdi at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 227....... Subordinate Judge for disposal. During appellate stage the appellant filed an application under Order 41 rule 27 read with section 151 of the Code of Civil Procedure on 25-5-94 to produce additional evidence before the appellate Court and filed another application under Order 3 rule 2(a) read with ..Category: Property Law | Date: | Hits: 39
Tofazzal Hossain (Md) and others Vs. Momtaz Begum & others, 1999, 28 CLC (HCD)
....0-1-97 passed by the Senior Assistant Judge, Saturia in the District of Manikganj in Miscellaneous (Pre-emption) Case No.5 of 1995, allowing the pre-emption have been called in question. 2. Broad facts leading to the case are that, opposite party No.1 as per-emptor instituted a case in the Court....... Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 223.......egally separated and the same has occasioned failure of justice. The learned Counsel further submits that the learned Courts below erred in law in not properly discussing and considering the material evidence on record and the same has also occasioned failure of justice. 8. Mr. Shawkat Ali Khan, ..Category: Property Law | Date: | Hits: 31
Shah Alam (Md.) Vs. Abul Kalam and others, 2001, 30 CLC (HCD)
....pport of such authorisation. Abul Kalam is residing in Abu Dhabi. In the circumstances, the appearance by Mr. Salahuddin on behalf of Abul Kalam cannot be accepted as duly authorised. 20. On the facts and in view of the law as found above, the whole proceeding of Miscellaneous Case No.21 of 199......e Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J Shah Alam (Md.)………………….Petitioner Vs. Abul Kalam and others....………….Opposite Parties Judgment November 25, 2001. Cases Referred T...... of the parties is whether the purchaser is entitled to any relief in accordance with law. 3 witnesses were examined on behalf of the purchaser while the preemptors examined 5 witnesses. 6. On the evidence on record, the trial Court has found that the purchaser lives in Abu Dhabi; that service up..Category: Limitation Law | Date: | Hits: 175
Anil Kumar Ghosh Vs. Shamir Kumar Ghosh, 2001, 30 CLC (HCD)
....nder section 46 of the Trade Marks Act, 1940 for rectification of the Register of Trade Marks by removal of the registered trade mark No. 38902 in class-29 from the Register are taken together as the facts and law points involved are similar. 2. The facts of Trade Mark Application No. 3 of 2000, ......ection 46 of the Trade Marks Act, 1940 for rectification of the Register of Trade Marks by removal of the registered trade mark No. 38902 in class-29 from the Register are taken together as the facts and law points involved are similar. 2. The facts of Trade Mark Application No. 3 of 2000, as sta......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)
.... Judge, Sadar Chittagong, in Partition Suit No.88 of 1981 rejecting the plaintiffs’ application for determination of the value of 1/3rd share of the suit property for buying up purposes. 2.Short facts leading to the case are that, the petitioners as plaintiffs instituted a suit for partition of......s Case is also Reported in: 52 DLR (HCD) (2000) 218. ......sequently the suit is liable to be dismissed. 4. On the above-noted pleadings of the parties the suit proceeded and ultimately reached the stage of peremptory hearing when both the parties adduced evidence in support of their respective cases. 5. The learned Subordinate Judge by his judgment d..Category: Property Law | Date: | Hits: 42
Tanveerul Haque Vs. Unistar Shipping Limited and ors., 1999, 18 CLC (HCD)
....Nos. 1 and 2 to show cause as to why the impugned order dated 8-9-1996 passed by the learned Subordinate Judge, 2nd Court Chittagong in Money Suit No. 31 of 1995, should not be set aside. 2. Brief facts for disposal of this Rule are that, the opposite party Nos. 1 and 2 as plaintiffs, filed Money......Civil Revisional Jurisdiction) Present: Md. Tafazzul Islam J Gour Gopal Saha J Tanveerul Haque…………………………………………Petitioner Vs. Unistar Shipping Limited and ors……………Opposite Party Judgment July 20, 1999. Cases Referred To- Edward......int of Money Suit No. 31 of 1995 of the Subordinate Judge 2nd Court, Chittagong is hereby rejected. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 215...Category: Company Law | Date: | Hits: 197
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