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Abdul Motaleb & others Vs. Aftab Miah and another, 2002, 31 CLC (HCD)

.... appellants, as there was no occasion to do so in the absence of any TM 55. Therefore, we find no substance in the appeal which must fail. Ed. This Case is also Reported in: 56 DLR (2004) 145.......is further observed that there is provision in the Rules for condonation of delay but no step has ever been taken by the appellant for condoning the delay in sending the evidence to the applicant and accordingly, treated the opposition case No. 1624 of 2000 as abandoned. 5. In this case Mr. Syed ...... the applicant filed counter statement in TM 6 whereupon in due course the appellant i.e. the opponent, filed evidence before the Registrar on 1‑3‑2001 but no copy of the evidence was forwarded to the applicant. Thereafter on 20‑3-2001 the applicant filed an application before the Registra......procedural, failure to comply with it cannot be taken to deprive the applicant of his right to prosecute the application. Thereafter, Mr. Ahsan also made a lengthy argument on the merit as well as on law point and he has taken us to sections 14, 15, 16 and 17 of the Trade Marks Act and submitted tha..

Category: Intellectual Property Law | Date: | Hits: 181

Abul Kashem and others Vs. State, 2003, 32 CLC (HCD)

....d prisoner Abul Kashem and the accused appellant Anowar Hossain Pintu started for Burichang without waiting for the Chairman to come back home with dagger in their hands saying that they would demand justice from the Chairman on the way. At that time accused Nabalak Mia (since acquitted) called the ...... required as a rule of prudence that there should be some such corroboration of the evidence of the interested witness as may inspire confidence in the mind of the court." 27. In the instant case, according to the prosecution, as a sequel to the occurrence over plucking of wood apples from the tr......thers vs. State 44 DLR (AD) 60; Safdar Ali 5 DLR (FC) 64. Muslimuddin & others vs. State 38 DLR (AD) 311; State vs. Lalu Mia and others 39 DLR (AD) 117. Lawyers Involved: Golam Kibria, Deputy Attorney-General with Snigdha Huq, Assistant Attorney-General in support of the Reference. Dr. Abul......ers 39 DLR (AD) 117. Lawyers Involved: Golam Kibria, Deputy Attorney-General with Snigdha Huq, Assistant Attorney-General in support of the Reference. Dr. Abul Bashar, Advocate-State defence lawyer for the condemned prisoner. AKM Fakhrul Islam-For the appellant in Criminal Appeal. De..

Category: Criminal Law | Date: | Hits: 39

State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)

.... imposition of death penalty upon convict-appellants warrants any interference by this Court on evidences, materials on record, fact and circumstances of the case and in safe dispensation of criminal justice. 24. The questions posed now may be approached and answered. 25. There is no eye‑wit......n 24th Ramadan he met convict-appellant Shah Alam on the bank of canal and Shah Alam gave Taka 20 for rickshaw fare to bring his wife Rokeya Begum in the house of his second wife Khodeja Begum and he accordingly, brought Khodeja Begurn to the scene of crime and when he went to the bank of the canal ......ers……….Condemned Prisoners Judgment December 9, 2003. Case Referred To- Barendra Kumar Ghosh Vs. King Emperor, AIR 1925 PC 1. Lawyers Involved: Md. Helaluddin Molla, Deputy Attorney General with Md. Gias Uddin (Mithu), Assistant Attorney-General-For the State (In all the cas......ionship again became very much wooden between accused Shah Alam and deceased Rokeya Begum. Informant PW 1 Abdul Gafur purchased 0.02 acres of property at local Aswadia Bazar in the name of his son-in-law accused Shah Alam on a consideration of Taka 9,000 and accused Shah Alam started a tea stall the..

Category: Criminal Law | Date: | Hits: 31

Serajul Islam Bhuiyan (Md) Vs. Bangladesh Water Development Board & others, 2003, 32 CLC (HCD)

....grachari to Rangamati Operation and Maintenance Division is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 120.......grachari to Rangamati Operation and Maintenance Division is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 120....... Md. Nizamul Huq J.- Upon an application under Article 102 of the Constitution of the People's Republic of Bangladesh filed by the petitioner, this Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order contained in Memo No. 712 Paubo (Kop) B‑2/lbo-1/94, (......Serial Nos. 1 and 2 and transfer of the petitioner from the present working station at Khagrachari to Rangamati Operation and Maintenance Division should not be declared to have been passed without lawful authority and is of no legal effect. 2. The petitioner, a Sub‑Assistant Engineer, posted..

Category: Employment/Service Law | Date: | Hits: 77

Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....�2003 applied to the Secretary, Ministry of Information for return of the equipment but received no reply. The present chairman of the company sent notice through his lawyer on 6‑7‑2003 demanding justice by returning the equipment but received no response, hence the writ petition. 11. In Writ......of the equipments of ETV, namely, Satellite News Gathering, Satellite Earth Station and Satellite Television Receiver only from the office of the petitioner by order under a memo dated 31‑8‑2002, accordingly, respondent No. 9, the officer-in-charge of the Tejgaon Police Station seized (two) Sate...... A Hasib with Kamal Ziaul Islam, Advocates-For the Petitioner (In Writ Petition Nos. 4607 & 4608 of 2003). Raisudin Ahmed, Advocate-For the Respondent No.7. AJ Mohammad Ali, Additional Attorney‑ General, Adilur Rahman Khan, Deputy Attorney‑ General with Razik Al-Jalil, Assistant Att......l the Writ Petitions). Writ Petition Nos. 3488, 4196, 4607, 4608 of 2003. Judgment Md. Abdul Wahhab Miah J.- These four writ petitions have been heard together and since similar questions of law and facts are involved all the writ petitions are disposed of by this single judgment. 2. Wri..

Category: Information Technology Law | Date: | Hits: 230

Salauddin Jamil Vs. Amjad Ali Khan and another, 2004, 33 CLC (HCD)

....he petitioner was barred by limitation. The learned Judge therefore committed no error in rejecting the objection of the petitioner against the award. Nor such decision has resulted in any failure of justice. 20. In the result, the Rule is discharged with cost. Order of stay granted at the time o...... with cost. Order of stay granted at the time of issue of file Rule on 19‑1‑2001 is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 87. ...... under section 115(1) of the Code of Civil Procedure against an order dated 24‑9‑2001 passed by Subordinate Judge (Court No. 3) at Dhaka in Title Suit No. 182 of 2000, which rejected an objection to the award filed in Court. 2. It is stated that on 29‑11‑2000 opposite party No. 1 made an ...... with cost. Order of stay granted at the time of issue of file Rule on 19‑1‑2001 is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 87. ..

Category: Alternative Dispute Resolution | Date: | Hits: 161

Arif Iftekhar Ali and others Vs. Sekandar Ali Hawlader, 2002, 31 CLC (HCD)

.... application for an order of inspection the plaintiff stated that on 14‑8‑2001 the defendants entered into the land of 'kha' schedule by breaking the 539 feet eastern wall, and in the interest of justice, a report by inspection was 'sought for on the following. "(ক) বাদীর 'খ' �......lled and vacated, learned Joint District Judge is directed to proceed expeditiously with the proceedings pending before him. Communicate. Ed. This Case is also Reported in: 56 DLR (2004) 82. ......ekhar Ali and others.............Petitioners Vs. Sekandar Ali Hawlader..................Opposite Party Judgment April 15, 2002. Result: The Rule is made absolute. Cases Referred to- Maulana Abdul Motin and others vs. Shah Alam Bhuiyan and others 41 DLR 244; Londa Colliery v....... 10. Mr. Hossain took us through the plaint and all other applications filed by the plaintiff. He also read Order XXVI and XXXIX of the Code. He submits that learned Joint District Judge erred in law in allowing the application for local inspection of such facts and incidents which could only be..

Category: Property Law | Date: | Hits: 26

Akhteruzzaman Chowdhury Vs. Hamidul Huq, MD, UCBL and another, 2003, 32 CLC (HCD)

....ii question but, on this plea or that and taking undue advantage of introduction of section 15 ka ka which has nothing to do in the matter of holding the AGM, they repeatedly obstructed the course of justice by not extending their cooperation to call, hold and conduct the AGM for the years in questi......ne amounting to Taka 2000 to be paid within one month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73....... month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73.......llenging the legality of the aforesaid Act which is registered as Writ Petition No. 4809 of 2003 in the High Court Division and another shareholder of the Dhaka Bank also challenged the aforesaid new law in Writ Petition No. '1482 of 2003 and it was brought to the notice of the Chairman designate th..

Category: Banking Law | Date: | Hits: 158

Jalal Uddin and others Vs. State, 2003, 32 CLC (HCD)

....ot been brought on record by not examining the concerned doctor. Added with this, lie further claimed that non-examination of independent/disinterested witnesses should not be the barrier for getting justice in a case of murder where the near and dear ones who rushed to the place of occurrence on he......ence took place admittedly just before the sunset within a densely populated area, but none of the neighbours/independent witnesses has been examined to prove the bonafide of the prosecution case and accordingly, he submits that the impugned judgment and order of conviction is not sustainable in law......……….………Respondent Judgment April 8, 2003. Lawyers Involved: Sheikh Muhammad Sirajul Islam with AKM Shahidul Islam-For the Accused-Appellants. Md. Rabiul Karim, Assistant Attorney General with Snigdha Huq, Assistant Attorney-General-For the Respondent. Criminal Appeal N...... record ultimately, came to the file of the present trial Court who, on the basis of materials available on record, framed charge against the accused-appellants and four others under same sections of law and read it over to the accused in the dock to which they pleaded not guilty and demanded trial...

Category: Criminal Law | Date: | Hits: 28

Dulal Mia (Md) Vs. State, 2003, 32 CLC (HCD)

.... Send down the LC records 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: 56 DLR (2004) 65....... the learned trial Court is not based on evidence on record, inasmuch as there is no iota of evidence to show that the accused-appellant ever ill treated, both mentally and physically, over dowry and accordingly, he submits that the impugned judgment and order of conviction is liable to be set aside......R 249; State vs. Shafiqul Islam alias Shafique and others, 43 DLR (AD) 92. Lawyers Involved: AM Abdus Sobhan Tarafder Advocate-For the Accused -Appellant. ABM Waliur Rahman Khan, Assistant Attorney General-For the Respondent-State. Criminal Appeal No. 636 of 1995. Judgment Md. H......ppellant) used to torture the former (deceased) both mentally and physically over dowry. The further case of the prosecution is that in last Ashar, 1399 BS the accused-appellant and her (deceased) in-laws forced her to go for bringing dowry from her father's house and in pursuance of that she brough..

Category: Criminal Law | Date: | Hits: 88

Sirajul Islam @ Siraj and another Vs. State, 2003, 32 CLC (HCD)

.... entertain this application under section of 561A of the Code of Criminal Procedure and, as a result, the application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 62. ...... entertain this application under section of 561A of the Code of Criminal Procedure and, as a result, the application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 62. ......he Code of Criminal Procedure for quashment of the proceedings of Environment Case No. 4 of 2003 of the Environment Court, Dhaka. 2. That case was initiated on the basis of a report of a Sub-Inspector of Police (SI) of Gulshan PS that petitioners Sirajul Islam and Md Nazrul, have by way of storin......to any Court, whether with or without the approval of his higher authority. 4. We have carefully perused the application, supplementary affidavit, the annexures thereto and considered the relevant laws (as amended to date) and also the related circulars. It may be mentioned that these circulars a..

Category: Environmental Law | Date: | Hits: 414

Standard Bank Ltd. Vs. Tripos Engineering & Trading Company (GD) and others, 2003, 32 CLC (HCD)

.... earlier order of status quo without considering the facts evidencing clear fraud perpetrated by the plaintiff and opposite party No. 9, the Premier Bank, which has resulted in serious miscarriage of justice. 13. Secondly, he submitted that in the course of a local inquiry held by the bank, exist......is directed to make the payment under the letters of credit in question to the Premier Bank without any further delay. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 55.......ntiffs for temporary injunction were rejected and earlier order of status quo vacated. As the issues raised in both the Rules are the same and contesting parties are common, both the Rules were heard together and now disposed of by this order. 2. On 8‑11‑2001 opposite party No. 1, Tripos Engi......e Petitioner Bank obtained latter Rule. 12. Taking us through the records, Mr. Ajmalul Hossain, learned Senior Counsel for the petitioner Bank, submitted that the trial Court committed an error of law in rejecting the application for temporary injunction and vacating its earlier order of status q..

Category: Civil Law | Date: | Hits: 100

Noor Mohammad Vs. Md. Noor Hossain & another, 2002, 31 CLC (HCD)

.... considered by the trial Court. The trial Court, therefore, allowed the addition of party without applying its mind and without assigning any reason whatsoever which has caused serious miscarriage of justice. In the result this Rule is made absolute. The impugned order dated 8‑2‑2000 and 10-2‑......a necessary party in the suit. Dr. Hamid further submits that the defendant No. 1 admitted that he has been in possession of the suit land which belonged to Dhaka City Corporation with permission and accordingly, Dhaka City Corporation is a necessary party in the suit. 8. I have considered the su...... Petitioner. Dr. Kazi Aktar Hamid, Advocate-For Opposite Party No. 2. Civil Revision No. 2517 of 2001. Judgment Bijan Kumar Das J.- This Rule was issued calling upon the Opposite Parties to show cause as to why the impugned order dated 8‑2‑2000 and 10‑2‑2000 respectively passed ...... Title Suit No. 238 of 2000 now pending in the Court of the 4th Additional Assistant Judge, Dhaka is vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 53. ..

Category: Tenancy Law | Date: | Hits: 171

Uttara Bank Limited Vs. Syed Abidur Reza and others, 2009, 38 CLC (AD)

....is remedy lay before the Labour Court as per decisions referred to in 46 DLR (AD)1, 43 DLR (AD) 154 and 31 DLR (AD) 298. 12. It was submitted that the show cause notice and/or principle of natural justice is not applicable in case of simple termination of any employee with all termination benefit......azul Islam Patwary and others reported in 48 DLR (AD) 62. 19. It appears that the contention raised been settled by this court in the aforesaid decision and no further discussion is called for and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Report......ision Judgment here. Supreme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Uttara Bank Limited represented by its Managing Director, 94, Motijheel C/A, Dhaka-1000.............................Appellant Vs. Syed Abidur Reza ......he bank and as such he was terminated as per provision of service rule of the bank and the order being a termination simpliciter the plaintiff was entitled to get benefits admissible to him under the law. 4. The learned Munsif (now Assistant fudge) after hearing the parties dismissed the suit by ..

Category: Employment/Service Law | Date: | Hits: 95

Government of Bangladesh Vs. A.B.M. Siddique Mia, 2010, 39 CLC (AD)

....ore, merit in this appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 460, 8 LG (AD) (2011) 6, IX ADC (2012) 201. ......ore, merit in this appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 460, 8 LG (AD) (2011) 6, IX ADC (2012) 201. .................Appellants Vs. A.B.M. Siddique Mia…………………………………………….........Respondent Judgment May 5, 2010. Lawyers Involved: M.K. Rahman, Additional Attorney General (with A.S.M. Nazmul Haque, Assistant Attorney- General), instructed by B. Hossain, Ad......he date of his filing the petition before the Administrative Tribunal. In the context of the matter, the learned Additional Attorney General argued that the Administrative Appellate Tribunal erred in law in maintaining the direction of the Administrative Tribunal in failing to consider that the resp..

Category: Administrative Law | Date: | Hits: 229

Karam Ali Vs. State, 2001, 30 CLC (HCD)

....and the Honurable Chairman of the Law Commission of Bangladesh for favour of their kind perusal. Send down the lower Court records at once Ed. This Case is also Reported in: 54 DLR (2002) 378.......stant Sessions Judge was justified in passing the impugned order of conviction and sentence against the accused appellant on assigning cogent reasons. We find no merit in the appeal. The appeal fails accordingly. 27. In the result, the appeal is dismissed and the impugned judgment and order dated......gment and order dated 30-4-95 passed by the 2nd Assistant Sessions Judge, Narayanganj in Sessions Case No. 7 of 1994 convicting Karam Ali under section 399 of the Penal Code sentencing him thereunder to suffer RI for 7 years and to pay a fine of Taka 2,000 only, in default, to suffer RI for a furthe......r for committing although specific provisions for punishment for assembly and preparation for committing dacoity have been provided in sections 399 and 402 of the Penal Code. This important aspect of law has so far escaped the attention of all concerned. It appears to us as an accidental omission in..

Category: Criminal Law | Date: | Hits: 97

Shah Newaz (Md.) and others Vs. Shah Wali and another, 2001, 30 CLC (HCD)

....is not within the scope of Order VII rule 11 of the Code of Civil Procedure and thereby both the Courts below committed grave error of law resulting in an error in the decision occasioning failure of justice; that both the Courts below failed to weigh the nature and character of the suit in the fact......y any law. In the result, the Rule is discharged without cost. Send down the original case records at once with a copy of this judgment to the learned District Judge, Dhaka for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)375.......1 of the Code of Civil Procedure and thereby both the Courts below committed grave error of law resulting in an error in the decision occasioning failure of justice; that both the Courts below failed to weigh the nature and character of the suit in the facts and circumstances of the case and committ......n the averments made in the application of defendant No. I which is not within the scope of Order VII rule 11 of the Code of Civil Procedure and thereby both the Courts below committed grave error of law resulting in an error in the decision occasioning failure of justice; that both the Courts below..

Category: Trust/Waqf Law | Date: | Hits: 187

Ali Hossain (Md) and Other Vs. State, 2000, 29 CLC (HCD)

.... accused appellant has been made a scapegoat by the officer concerned in his bid to save himself from an impending calamity and, as such, the accused appellants should be acquitted in the interest of justice. 9. Mr. Saifuddin Md. Aminur Rahim, the learned Advocate appearing for accused appellant ...... as practicable and must ensure are that it does not go by lapse, inaction or inertia. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 282. ......s Involved: Md. Abdul Mannan Khan and Kanailal Saha, Advocates—For the Appellant (Tara Mia). Saifuddin Md. Aminur Rahim, Advocate- For the Appellant (Ali Hossain). FKMA Mahbub, Assistant Attorney-General- For the Respondent. Criminal Appeal No. 948 of 1996. Judgment Gour Gopal Sa......of the DAB who received the case records from his predecessor. On obtaining proper sanction the appropriate authority, he submitted charge against the accused persons under the relevant provisions of law. 32. P.W.12 SI Md. Nurul Islam is just a formal witness who filled in the FIR form. 33. ..

Category: Criminal Law | Date: | Hits: 40

Khadem Ali (Md) Vs. State, 2000, 29 CLC (HCD)

....er submits that the delay involved in the case being due to circumstances beyond the control of the petitioner preventing him from filing the revision case earlier, it is necessary in the interest of justice to condone the seemingly long delay in filing the revision. 5. There is no dispute to the...... of in question. In the result, the Rule is made absolute and the delay 916 days in filing the revisional application is condoned. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 281. ......, Advocate-For the Petitioner. Not represented— the Opposite Party. Criminal Revision No. 112 of 2000. Judgment Gour Gopal Saha J. - This Rule was issued calling upon the opposite party to show cause as to why the delay of 916 days in filing the revisional application should not be con......ny period of limitation for filing a revisional application under section 439 of the Code of Criminal Procedure but following the long standing practice, which has by now practically become a rule of law, this Court regards 60 days as the period of limitation for filing a criminal revision as provid..

Category: Criminal Law | Date: | Hits: 32

Nurul Islam Manzoor Vs. State, 2000, 29 CLC (HCD)

.... are returned to one of the learned Advocates of the petitioners. Communicate the order to the Metropolitan Session Judge, Dhaka. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 276. ......sul Hoque with permission to the court made submissions on behalf of the State. According to them, for the sake of safety, the original statements were not transmitted along with the record. Further, according to them, this omission can not be a bar for using those statements in evidence by the pros......�…..Opposite Party Judgment April 12, 2000. Lawyers Involved: Kh Mahbubuddin Ahmed with MA Malek, Advocates—For the Petitioner. Humayun Kabir Bulbul, Advocate M Faruque, Deputy Attorney-General with Anisul Haque Md. Mostafa, Assistant Attorney-General—For the State. Crimina......ertified copies. Mr. Faruque then produced original statements before the Court which were also shown to Mr. Khandker Mahbubuddin Ahmed, one of the learned Advocates for the petitioners. 5. On the law point, the view of the learned Deputy Attorney-General and Mr. Anisul Haque is that due to non-t..

Category: Criminal Law | Date: | Hits: 45

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