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Salim (Md.) Vs. State, 2001, 30 CLC (HCD)
....committed suicide after being rebuked by her parents over her alleged affair with her sister’s husband Salim. 19. PW 7 Md. Shahabuddin is a neighbour of informant Abdul Bari who is found to be a totally independent, natural, and probable witness. He stated in his evidence that on going to the h......ne of Taka 5,000.00 in default, to suffer RI for a further period of 6 months is affirmed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 359.......ne of Taka 5,000.00 in default, to suffer RI for a further period of 6 months is affirmed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 359...Category: Criminal Law | Date: | Hits: 53
Dhaka Leather Company Ltd. Vs. Sikder Construction Ltd. and another, 2001, 30 CLC (HCD)
....n upon the umpire to file the award in Court for making the same a Rule of the Court and a judgment thereupon and the application under Order VII rule 11 of the Code for rejecting such application is totally misconceived. Defending the decision of the learned Subordinate Judge, he also submits that ......result, the Rule is discharged. No costs. Order of stay 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) 357.......result, the Rule is discharged. No costs. Order of stay 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) 357...Category: Procedural Law | Date: | Hits: 69
Moinuddin Ahmed alias Farook Vs. Khursheda Begum and others, 2001, 30 CLC (HCD)
.... advantage of it, the onus was upon the plaintiff to show that the schedule 'Ka' and 'Kha' of the property of the plaint i.e. the property mentioned in the will, did not exceed one-third share of the total property of late Alimuddin and or that all the heirs of Alimuddin had consent to the said will......e in respect of one-third portion of schedule “Ka” property. The order of status quo earlier passed by this court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 354. ......e in respect of one-third portion of schedule “Ka” property. The order of status quo earlier passed by this court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 354. ..Category: Property Law | Date: | Hits: 32
Abdul Mannan (Md) Vs. Swaraj Roy and others, 2001, 30 CLC (HCD)
....ons relied upon by the learned Advocates. 8. Let us first see the decisions cited at the Bar. In the case of Golam Kader, an application for addition was made in respect of a small fraction of the total land involved in the suit. They also claimed the land independently as their own. Appellate Di......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. ......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. ..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.......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....... of birth as 1936 and accordingly, passed the formal order of retirement on 29-6-93. 8. Mr. Md. Khalilur Rahman submits that Labour Court under Industrial Relations Ordinance, 1969 had no scope or jurisdiction to decide what is the actual date or year of birth of any worker. 9. He also submits..Category: Labour and Industrial Law | Date: | Hits: 117
Amir Hossain Bhuiya (Md) Vs. Harisul Haq Bhuiya and others, 1999, 28 CLC (HCD)
....neral appearing as a privately engaged counsel of opposite party No. 5, submits that the above citations have no manner of application as the circumstances that have given rise to these decisions are totally different from the facts and circumstances of the instant case. To bring the pesh Imam, a Mu......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.......ance, 1969 and the Employment of Labour (Standing Orders) Act, 1965. The voter’s list in question as published by the opposite parties vide their notification dated 13-7-1997 is illegal and without jurisdiction. Hence the suit. 3. The opposite parties as defendants have contested the suit by fi..Category: Labour and Industrial Law | Date: | Hits: 99
....) 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.
......) 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.
......ew of our discussions as above, we find that the plaintiff is entitled to get a declaratory decree in terms of our decision regarding issue No.3. We also hold that the Court of first instance had the jurisdiction to decide all these issues.
18. Now we are to interpret Article 144 of the Constitut..
Category: Property Law | Date: | Hits: 72
Ganesh Chandra Das Vs. Arati Acharjya, 2001, 30 CLC (HCD)
....that the trial court misread and misconstrued the evidence on record and the Court of appeal below did not assess the evidence on record independently and thereby committed error of law occasioning a total failure of justice, that the Family Court has been constituted under the Muslim Family Laws Or......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. ......y, hence the trial Court below committed error of law by decreeing the suit in favour of the plaintiff who is a member of the Hindu Community and, as such, the Family Court and the trial Court has no jurisdiction to deliver the judgment and decree and the Court of appeal below also committed error o..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. ......esist the execution, as was submitted by Mr. Shahidul Islam opposing the Rule, cannot be brushed aside. This question could only be raised and finally decided before the final decree was made. In the absence of all necessary facts, I am of the view that section 6 cannot be mechanically applied in an......inst the order of the High Court returning the memorandum of appeal for presentation before the proper Court. Suit was for partition. Issue was what should be the value of the suit for the purpose of jurisdiction. By a majority decision, it was held that value of the share of the plaintiff would be ..Category: Property Law | Date: | Hits: 29
Pubali Bank Ltd. Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
.... observed as follows: “We have carefully read paragraph 22 of the judgment of the Appellate Division as quoted above. With due respect, we may express, our view that their Lordships have not put total embargo on filing revisional application before this court against an order passed in an inter...... 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....... that because of transport strike all over the country at that relevant time, the opposite parties could not attend the court on 17-3-93, exercised that power. Mr. Mahmud next submits that revisional jurisdiction of the High Court Division having been specifically excluded by section 6 of the Artha ..Category: Civil Law | Date: | Hits: 93
State Vs. Rashid Ahmed & others, 2002, 31 CLC (HCD)
....ge-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 found that PW 7 Ambia Khatoon is a totally independent, natural and probable witness, who fully supported the prosecution case in all m......tive for killing the victim by the accused while the accused pleaded that they have been falsely implicated in the case out of enmity and grudge. It is well-settled that enmity cuts both ways. In the absence of any special reason, relationship by itself is not ground to disbelieve a witness unless h......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)
....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. ......or lead us to draw a definite conclusion on the happenings of such occurrence. 27. In such case the evidence of the victim girl is most important to believe or to disbelieve the occurrence even in absence of corroboration. But in the present case the prosecutrix herself has contradicted her own t......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)
....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. ......mants were in possession of the land on their own and on 5-11-1994 were dispossessed in execution process, and accordingly, it directed for restoration. We could not find any error in the exercise of jurisdiction by the executing Court in allowing the applications made under Order XXI rules 100 and ..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.......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.......rce and Industry, as the case may be, and in case of a Town Association or Group report is to be obtained from District Chamber of Commerce and Industry, and that the applicants being under the local jurisdiction of Dinajpur Chamber of Commerce and Industry, the respondent No. 2 asked the Dinajpur C..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.......L are not classified into four groups as contended by the petitioners. All the four foreigners mentioned in the petition are no longer Directors of SIBL as they have vacated their office by reason of absence from Board meetings for a continuous period of three months and/or for not attending three c...... 15. Mr. Shafique Ahmed, the learned Advocate for the petitioners, submits that section 95 of the Companies Act is a mandatory provision of law. If this is not observed this court under its inherent jurisdiction can interfere. In this connection he has referred to the cases of British India Corpora..Category: Company Law | Date: | Hits: 208
Mohammad Ali Vs. State, 2000, 29 CLC (HCD)
....cordingly, he was convicted for the offence charged as above. The defence did not adduce any witness on their behalf 6. The defence case as could be gathered from the trend of cross-examination is total denial and their, inter alia, case is that they were neither implicated with the offence nor e...... 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. ...... 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. ..Category: Criminal Law | Date: | Hits: 89
Kajemuddin Miah (Md) Vs. Bangladesh and others, 1999, 28 CLC (HCD)
.... contained elsewhere in this Act, in making settlement of any land vested in the Government under sub-section (3), preference shall be given to a person who has been affected by diluvion provided the total quantity of land, if any, already held by him and the other members of his family is less than......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
.... 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.
...... 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
....n him to assume full power, failing which the country would have been plunged into oblivion. The General cunningly gave the people to believe that he had emerged as their messiah to salvage them from total annihilation, just as all other frenzied despots before him, did, almost all of whom were, at ...... divulge that neither the petitioner nor the other accused persons made themselves available before the said martial law court when trial commenced therein. The said court proceeded with the trial in absence of the accused persons engaging Section 339 of the Code of Criminal Procedure, framed charge......itted the case records to the Chairman, Special Martial Law Court no 3, Zone C, Chittagong.
13. The Special Martial Law Court, which owed it’s existence to a martial law regulation, then assumed jurisdiction over the matter and numbered it as Martial Law Case no 12 of 1986. Records divulge that..
Category: Constitutional Law | Date: | Hits: 482
Shan Hosiery Vs. Bangladesh Jatiya Shamabaya Shilpa Samity Ltd and others, 2002, 31 CLC (HCD)
.... money as per terms of the contract, whereupon the plaintiff was constrained to institute Money Suit No. 19 of 1998 in 5th Court of Subordinate Judge at Dhaka against the defendants for recovery of a total claim of Taka 61,64,470.67. Without refunding the security money, the defendants started holdi......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.......on for recovery of possession 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 injunc..Category: Property Law | Date: | Hits: 31
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