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....) 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.
......, either under law or contract, to call upon the plaintiff to participate in the allotment of the suit land or, in other words, plaintiff had neither legal character nor right to get the allotment in question.
10. P.W.1 deposed that the plaintiff Society applied for the allotment of the suit land......dge, Dhaka, and registered as Title Suit No.92 of 1993 was withdrawn from that Court and this Bench is disposing of this transferred suit by the order of the learned Chief Justice under the following facts and circumstances:
2. Plaintiffs case after being amended and allowed by the order dated 21..
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. ......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. ......dence, hence the trial Court decreed the suit and did not deprive the plaintiff opposite party from the maintenance. 13. The learned Subordinate Judge as a court of appeal below and final Court of facts discuss the evidence on record and the law points involved therein and the learned Subordinate..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. ......ity of raising some thatched huts by a judgment-debtor after the final decree in order to resist 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 o......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..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.......little whether the High Court Division arrived at its decision on the counter-claim was not patently maintainable and there is nothing wrong in the finding of the High Court Division on this material question 6. It thus appears that in paragraph 22 relied on by Mr. Mahmud the Appellate Division a......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..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. ......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. ......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..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. ......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. ......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..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. ......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..Category: Property Law | Date: | Hits: 26
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.......ifically provided the jurisdiction of the Company Court to be applied under specific provisions. This court does not have any general, plenary or residuary jurisdiction to deal with other matters and questions arising under the Companies Act. Section 95 which reads as follows: “Notice of every mee......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..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. ...... and he proved these confessional statements and his signatures thereon along with those of the confessing accused persons Exts. 5, 3 and 4 series respectively. In cross he claimed that all necessary questions were asked to the confessing accused persons and that necessary caution was also taken to ......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..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. ...... and in Dohar Police Station, District Dhaka has been taken away, and is therefore, constrained to file this writ petition challenging the validity of the impugned order (Annexure ‘D’). 4. The question before us is, whether the petitioners right on his lands diluviated in 1991 and 1992 subsis......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
....to be made amongst the registered marks and amongst the pending applications for the purpose of ascertaining whether there are on record in respect of the same goods or description of goods any marks identical with the mark sought to be registered or so nearly resembling it as to render it likely to......1. I have considered the submissions of both the learned Advocates, gone through the petition, affidavit-in-opposition, supplementary affidavit-in-opposition and papers annexed to them. The potential question in this case appears to me is, whether a notice to the applicants under Rule 23 of the Revi......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..
Category: Intellectual Property Law | Date: | Hits: 167
....f England, the monarch in assimilation with both the Houses of Parliament. In fact Austin even went far enough to surmon that sovereign means the Monarch with the totality of the population, which is identical to that Article 7 of our Constitution proclaims. Even Hans Kelsen, who championed the doct......2006, set aside.
2. Although the relief the petitioner asked for, is simple, the grounds on which he erected his claim to the aspired relief, invoke an issue of immense Constitutional importance, questioning the very validity of all the martial law instruments, inclusive of the proclamation of m......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..
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.......nherent power under section 151 of the Code to reject a plaint in extraordinary cases where relief sought for in the suit cannot be granted ultimately under section 42 of the Act. So, in deciding the question as to whether a plaint is liable to be rejected, the Court is always required to peruse the......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..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.......f opening the LCs the SRO No. 108 dated 11-6-1998 (Annexure-1) was in force. At that time according to the 1st Schedule published, under section 18 of the Customs Act, the rate of customs duty on the questioned item was fixed at 37.5% Later on, some exemption was allowed as to import of the said ite......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 ..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....... 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.......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..Category: Property Law | Date: | Hits: 28
Shaikh (Md) Obaidullah Raihan Vs. Sayed Shahidul Haque Jamal and others, 2002, 31 CLC (HCD)
....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.......tion of the respondent No.1 but only to harass the respondent No.1, Mr. Faezul Huq again through his former Assistant Private Secretary filed this writ petition. He has also pointed out that the main question as to whether the respondent No.1 was a defaulter or not is to be decided by the Election T......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..Category: Election Law | Date: | Hits: 88
....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.
......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.
......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..
Category: Fiscal/Taxation Law | Date: | Hits: 69
Ramesh Chandra Chowdhury @ Das Vs. Naresh Chandra Das @ Chowdhury, 1999, 28 CLC (HCD)
....te of receipt of this order. Let a copy of this order be forwarded to the Court of the learned Subordinate Judge Narshingdi at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 227.......য্য রহিল”। By order dated 9-9-99 the learned Subordinate Judge directed that the power of attorney executed by Ramesh Chandra was to be filed on 16-9-95. The power of attorney in question was filed and prayer was made for keeping the same in safe custody. The learned Subordinate...... 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..Category: Property Law | Date: | Hits: 39
Tofazzal Hossain (Md) and others Vs. Momtaz Begum & others, 1999, 28 CLC (HCD)
....turia in Miscellaneous (Pre-emption). No.5 of 1995 allowing pre-emption are affirmed. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 223.......gment and order dated 30-1-97 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 institu......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..Category: Property Law | Date: | Hits: 31
Shah Alam (Md.) Vs. Abul Kalam and others, 2001, 30 CLC (HCD)
....d 28-11-99 are hereby set aside. Order of stay as granted at the time of the Rule is recalled and vacated. Let the records be sent down. Ed. This Case is also Reported in: 54 DLR (2002) 277. ....... 16. The submission as to objection against authorisation at initial stage has got no substance. It is Umme Kulsum who made her application on due authorisation. It is not correct to say that the question of authorisation was not raised before the Court. Question was raised by her and decision o......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..Category: Limitation Law | Date: | Hits: 175
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