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Shaikh (Md) Obaidullah Raihan Vs. Sayed Shahidul Haque Jamal and others, 2002, 31 CLC (HCD)
.... respondent No.1 is holding the office of Member of Parliament without any lawful authority because he was a defaulter within meaning of article 12 of the Representation of the People Order, 1972 and provisions of Bank Companies Act, 1991 as amended in 1997. 3. Mr. Farooqui, at the very outset, h......e office of member of Jatiya Sangsad representing constituency No. 132 Barisal with Pirojpur and why his holding of the office as Member of Parliament should not be declared to be illegal and without lawful authority and is of no legal effect. 2. Mr. MI Farooqui made submission of behalf of the ..Category: Election Law | Date: | Hits: 88
....d under section 12(2) of the Act after making an assessment under section 10(2) of the Act. As assessment has to be made within 6(six) years of the end of the relevant assessment year, subject to the provision laid down in section 28(1) of the Act.
(c) She sent tax return for the assessment years......ietor, Supersign Industries (Electrical), a licensed importer and manufacturer of electrical cables and other similar product, imported PVC compound in the assessment years 1975-76 and 1976-77 as per law and rules and an amount of Taka 1,78,866.00 and Taka 4,20,246.00 respectively thus totaling an a..
Category: Fiscal/Taxation Law | Date: | Hits: 69
Ramesh Chandra Chowdhury @ Das Vs. Naresh Chandra Das @ Chowdhury, 1999, 28 CLC (HCD)
.... court and obtained the present Rule. 4. Mr. Bikash Pal, the learned Advocate for the petitioner, submits that the learned Subordinate Judge committed an illegality in not correctly construing the provision of Order 3 rule 2(a) of the Code of Civil Procedure. Mr. Pal submits that the person holdi...... the court and to take all steps including examining himself for the principal on the basis of the power-of-attorney. Mr. Pal then submits that the learned Subordinate Judge has committed an error of law in directing the executor of the power-of-attorney to be present in Court in order to prove the ..Category: Property Law | Date: | Hits: 39
Tofazzal Hossain (Md) and others Vs. Momtaz Begum & others, 1999, 28 CLC (HCD)
.... to the case jote by inheritance. 10. The main defence of the petitioners at the moment appears to be that it has not been proved that the jama in question was not separated in accordance with the provision of section 117 of the State Acquisition and Tenancy Act and, as such, the parent jama no l...... judgment and order dated 30-1-97 allowed pre-emption with the finding that the pre emptor is a co-sharer by inheritance to the case jote and the parent jama has not been separated in accordance with law as a result or which the parent jama remains intact. The learned Assistant Judge further found t..Category: Property Law | Date: | Hits: 31
Abul Hossain Vs. State, 2000, 29 CLC (HCD)
.... this connection he submits that when a naraji petition was filed the same petition should have been treated as petition of complaint and the learned Magistrate was required to act in accordance with provisions laid down in section 200 or 202 of the Code of Criminal Procedure. 3. We agree with th...... with the submission of the learned Advocate for the petitioner. It is clear to us that cognizance Court did not treat the naraji petition as a petition of complaint. It is now a settled principle of law that a naraji petition should be treated as a petition of complaint. The Magistrate is required ..Category: Criminal Law | Date: | Hits: 42
Shah Alam (Md.) Vs. Abul Kalam and others, 2001, 30 CLC (HCD)
....on to original file and number on the term, however, of payment of Taka 500 only to the preemptors within 50 days. 7. Mr. Ruhul Amin learned Advocate for the preemptors submits that in view of the provisions of Order VI rule 14 of the Code, the very application under Order IX rule 13 of the Code ......aim that the order was passed to the knowledge of the purchaser. The application is barred by limitation. The purchaser did not contest the case, as they had nothing to contest. Shafiullah, father-in-law of the purchaser, and the “Tadbirkar” of the present case, received summons in the house of ..Category: Limitation Law | Date: | Hits: 175
Anil Kumar Ghosh Vs. Shamir Kumar Ghosh, 2001, 30 CLC (HCD)
....ion No. 38902 in class 29 in the Trade Marks Registry, Dhaka and managed to get the said application ordered to be advertised in the Trade Marks Journal. 5. The petitioner not being aware of legal provisions of law relating to registration of trade marks failed to oppose registration of the trade......on 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 stated ..Category: Intellectual Property Law | Date: | Hits: 200
Protima Sen and others Vs. Chitra Rani Dey and another, 1999, 28 CLC (HCD)
....of the order of the Court. Communicate the order to the learned Court below immediately for his information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 218. ......the time of filing of the suit as envisaged under section 4 of the Partition Act and, as such, the learned Subordinate Judge was manifestly wrong in passing the impugned order on an erroneous view of law and the same has occasioned failure of justice. 11. Mr. HN Nondy, the learned Advocate appear..Category: Property Law | Date: | Hits: 42
Tanveerul Haque Vs. Unistar Shipping Limited and ors., 1999, 18 CLC (HCD)
....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.......-5-1993 and subsequently by reminders dates 22-5-1993, 24-6-1993 and 20-7-1993 similar requests were made to Group-B Shareholders but without any reply, The plaintiffs also requested their income tax lawyer and Chartered Accountants to get the signatures of the Group-B Directors for issuing cheque b..Category: Company Law | Date: | Hits: 197
Dr. Mohiuddin Khan Alamgir Vs. Government of the People’s Republic of Bangladesh, 2010, 39 CLC (AD)
.... rejection of nomination paper set aside in accordance with law, are of no consequence. The leave petition is accordingly dismissed. Ed. This Case is also Reported In: 62 DLR (AD) (2010) 425.......ocess can be challenged under Article 102 of the Constitution in the High Court Division unless the impugned order passed by the authority concerned is coram non judice or is afflicted with malice in law. This decision of ours is equally if not more forcefully applicable to parliamentary and Presi..Category: Election Law | Date: | Hits: 127
....corpus did not run in this sub-continent during British Rule. The Supreme Court established by East India Company had a limited jurisdiction. However, a remedy was provided for the subjects under the provisions of section 491 of the Code. This section empowers the High Court Division to issue direct......jurisdiction of the Courts is illegally or improperly detained in public or private custody, the High Court Division may direct that the said detenu be brought before it to be dealt with according to law and he is not being held in detention illegally and unlawfully and be set at liberty. This conce..
Category: Criminal Law | Date: | Hits: 39
Kalandiar Kabir Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....d under section 54 of the Code of Criminal Procedure but there was no reason to arrest the detenu under that section of the Code of Criminal Procedure. In this connection, he has taken us through the provisions of section 54 of the Code of Criminal Procedure and has argued that under nine circumstan...... why the detenu Shahriar Kabir now detained in Dhaka Central Jail, should not be brought before this Court so that it may satisfy itself that he is not being held in custody illegally and without any lawful authority. 2. Mr. M Amirul Islam appeared on behalf of the petitioner, he has challenged t..Category: Constitutional Law | Date: | Hits: 195
Nure Alam and others Vs. State, 2002, 31 CLC (HCD)
....oner, Tangail will take immediate step to secure his arrest to serve out the sentence. Send down the lower Court’s record immediately. Ed. This Case is also Reported in: 54 DLR (2002) 242. ......n pleaded not guilty. Learned Additional Session Judge on holding trial found the convict appellants guilty under sections 302/109 of the Penal Code and convicted them under the aforesaid sections of law and sentenced them to suffer rigorous imprisonment for life and to pay fine of Taka 5,000 each, ..Category: Criminal Law | Date: | Hits: 42
Parimal Chandra & others Vs. Shaheda Begum and others, 1999, 18 CLC (HCD)
....tions in terms of the requirements of that section. A review is not available simply “in the interest of justice’, unless the case falls within the purview of the powers contained in the relevant provisions of law. It must be clearly understood that a review is not a re hearing of a case for re-......nt, the plaintiffs preferred this appeal before this Court. 8. Mr. Md. Mozibur Rahman, the learned Advocate appearing for the appellants, submits that the learned District Judge evidently erred in law in traveling beyond the scope of review as envisaged by Order 47 rule 1 of the Code of Civil Pro..Category: Procedural Law | Date: | Hits: 81
Bashiruddin (Md) Vs. Bangladesh and others, 1999, 18 CLC (HCD)
....t of the petitioner is not a merited one. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 201.......r dated 12-2-1998 of the Divisional Commissioner, Sylhet passed in Revenue (Rajaswa) Miscellaneous Appeal No.150 of 1998 (Annexure E1) to the petition should not be declared to have been made without lawful authority and is of no legal effect. 2. Facts, in short, are that a closed fishery by name..Category: Property Law | Date: | Hits: 33
Mahbubul Huq (Md) Vs. Md. A Kader Munshi & others, 1999, 18 CLC (HCD)
.... aforesaid auction sale, Bainama, Dakhalnama, etc. having been decided between the same parties, the present suit having been brought on the same set of facts is barred by rule of res judicata as per provision of section 11 of the Code. 5. The trial Court on hearing the aforesaid application reje......es of both the sides at length. 7. Mr. Abdul Quayum, the learned Advocate appearing on behalf of the defendant-petitioner, submits that the learned Senior Assistant Judge has committed an error of law in rejecting the application of the petitioner filed under Order 7, rule 11(a) and (d) of the Co..Category: Property Law | Date: | Hits: 64
Nazem Uddin Vs. Election Tribunal and others, 1999, 18 CLC (HCD)
....amendment to the prayer in our view is superfluous and not necessary because the petitioner has already prayed for the relief that the election as a whole was void and thereby no contravention of the provision of rule 45 of the election rules has been committed. The decision referred by the learned ......haracter of the case inasmuch as the prayer having been added contrary to Rule 48, amendment was done illegally and, as such, the impugned order is liable to be declared to have been made without any lawful authority. 4. Mr. AK Azad, the learned Advocate appearing for the respondent No.2 has howe..Category: Election Law | Date: | Hits: 78
Khorshed Alam (Md) Vs. Subordinate Judge and Artha Rin Adalat No. 1 and others, 2001, 30 CLC (HCD)
.... No. 2 has referred to the case of Lyluri Laxi Subramanyam Vs. Batchu Viswanadham reported in AIR 1988 Andhra Pradesh 27 wherein it was held that in case of execution of mortgage property by sale the provisions of Order XXI rule 83(1) (2) do not apply as rule 83 sub-rule (3) expressly provides for s......d 18-11-99 and there having been an agreement between the petitioner and respondent No. 2 about the purchase of the mortgage property outside the court the subsequent order Nos. 65 and 66 are without lawful authority. He next submits that the court after judgment and order dated 18-11-99 became func..Category: Civil Law | Date: | Hits: 76
Abdus Salam Vs. Md. Munshi Rashed Kamal & another, 2002, 31 CLC (HCD)
.... does not constitute any offence under the said Act. The learned Advocate further contended that the complainant-opposite party has instituted the aforesaid case without compliance with the mandatory provision of said Negotiable Instruments Act described under clause (b) to section 138 and, as such,......that is, the fund is insufficient in the account. 4. Thereafter, the complainant-opposite party served a legal notice upon the accused petitioner on 6-11-2000 being registered with A/D through his lawyer which was received by the accused petitioner on 14-11-2000 and the accused petitioner made a ..Category: Criminal Law | Date: | Hits: 62
Elders Ltd. Vs. Sunil Chandra Chowdhury & another, 2002, 31 CLC (HCD)
.... sentence him to pay fine of Taka 2,000 (two thousand) only and in default to suffer simple imprisonment for a period of 15 (fifteen) days. Ed. This Case is also Reported in: 54 DLR (2002) 227. ...... for the same cause and in that view of the matter this contempt proceeding is not maintainable. The learned Advocate for the contemner finally submits that the contemner is a public servant and is a law abiding citizen and was a Magistrate, First Class and it is beyond imagination that he would com..Category: Intellectual Property Law | Date: | Hits: 181
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