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Moinuddin Ahmed alias Farook Vs. Khursheda Begum and others, 2001, 30 CLC (HCD)
....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)
....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)
....nfructuous inasmuch as he was not a worker at that time. 10. Mr. Khalilur Rahman placed before us section 34 of the Industrial Relations Ordinance, 1969 in support of his contention that under the provision of Industrial Relations Ordinance the Labour Court had no jurisdiction to determine what w......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
....) 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)
....more than 24 years old, Liton Chandra Das is 22 years old and the youngest daughter Lipi Rani Das is now 20 years old. 18. In the light of my findings and discussions made above and in view of the provisions of section 2(d) of the Children Marriage Restraint Act, 1929 Lilu Rani Das and Liton Chan......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)
....ore cautioned the execution Court not to go behind the decree. So, this submission fails. 6. Then, Mr. Rahman submits in opposing execution by removal of structures kuchcha or pucca in view of the provisions of Order XXI rule 35(3) of the Code. He also cites the decisions in the case of Md. Islam......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)
....n section 6(2), the said Artha Rin Adalat Act in this regard. But by the impugned order the said ex parte judgment and decree dated 16-3-93 was set aside on the ground that the Court, in terms of the provisions of section 151 CPC is competent to set aside the ex parte decree and accept the written s...... 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)
....in exercise of the discretion under Order XXI rule 101 of the Code in allowing the applications. In order to appreciate the submissions of the learned Advocates, we should first consider the relevant provisions, Order XXI rules 100 and 101 of the Code, which reads: “100. (1) Where any person ot...... 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)
....avour of the respondent No. 5 Zila Chal Kol Malik Group and issued licence bearing No. 5 of 2000 dated 7-3-2000. The respondent No. 2 granted the licence in favour of respondent No. 5 in violation of provision of Trade Organisation Rules, 1994, inasmuch as the Rules require granting of licence withi...... 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)
....t permissible to the original director in whose place he has been appointed and shall vacate the office. Sub-section (3) further provides that if the term of the original directors is determined, any provision for re-appointment of retiring directors in default of another appointment, shall apply to......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)
....could hold. No substantial charge with regard to this law as to accretion or reformation in situ was brought about by this enactment excepting the law of accretion (which was so long regulated by the provisions of Bengal Regulation XXI of 1825) was made in section 87 of the State Acquisition and Ten......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
.... the opposite party 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 t......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
....s parochially restored, while vide the Constitution (Final Revival) Order 1986, the Constitution was fully put set. During the intervening period, through a process of election in accordance with the provisions of the Constitution, the 4th Parliament assumed it’ existence. That Parliament on 11th ...... 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)
....cases where the plaint does not disclose any cause of action, or when the plaintiff fails to deposit the deficit court fees within the time ordered by the Court and/or where the suit is barred by any provisions of law. It is also now well settled that the above provisions are not exhaustive and a Co......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)
.... reducing the exemption, as stated above, the petitioner has come before this court and obtained these Rules. 6. Dr. M. Zahir, the learned Counsel for the petitioner, submits that according to the provision of section 19 of the Customs Act, the exemption as to imposition of customs duty if once a......—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)
....e of the holding as stated in the notice under section 89 or in the deed of transfer as the case may be, together with compensation at the rate of ten per centum of such amount.” Under the above provision, the Court is empowered to dismiss the application only when the amount of the considerati......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
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