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Bangladesh Marine Fisheries Association Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)
....nd no fine by way of penalties can also follow for thereof. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 273. ......nd no fine by way of penalties can also follow for thereof. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 273. ...... Bangladesh and others..................Respondents Judgment February 23, 2000. Lawyers Involved: Mahbubur Rahman, Advocate—For the Petitioner. Mushfiqur Rahman Khan, Assistant Attorney-General—For the Respondents. Writ Petition No.1158 of 1996. Judgment Md. Fazlul K...... issued calling upon the respondents to show cause as to why the impugned order Gazette dated 12-9-83 being No. SRO 349/83-387 PUB dated 19-7-83 should not be declared to have been issued without any lawful authority and is of no legal effect. On an application under Article 102 of the Constitution ..Category: Civil Law | Date: | Hits: 115
Salim (Md.) Vs. State, 2001, 30 CLC (HCD)
....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.......hat the learned Sessions Judge was perfectly justified in convicting and sentencing accused appellant Md. Salim under section 302 of the Penal Code. We do not find any merit in the appeal which fails accordingly. 35. In the result, the appeal is dismissed and the impugned judgment dated 19-7-1995......…………..Respondent Judgment August 6, 2001. Result: The appeal is dismissed. Lawyers Involved: Mahmooda Begum, Advocate—For the Appellant. AQ Rashid Ahmed, Assistant Attorney-General—For the State. Criminal Appeal No.1811 of 1995. Judgment Gour Gopal Saha ......ting and sentencing the accused appellant without properly discussing and considering the material evidence on record and, as such, the impugned order of conviction and sentence is not sustainable in law. The learned Advocate further submits that the learned Sessions Judge failed to notice and consi..Category: Criminal Law | Date: | Hits: 53
Dhaka Leather Company Ltd. Vs. Sikder Construction Ltd. and another, 2001, 30 CLC (HCD)
....was filed on 4-8-99 well beyond the period of limitation of ninety days under article 178 of the Limitation Act, the Court below erred in law in not rejecting the plaint, which resulted in failure of justice. 6. Mr. Enayetur Rahim for opposite party No.1, submits that the case was filed by making......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.......gment Md. Abdur Rashid J. - This Rule was obtained by defendant No. 1 against an order dated 18-6-2000 of the Fifth Court of Subordinate Judge at Dhaka in Title Suit No. 158 of 1999, which refused to reject the plaint. 2. Short facts for disposal of the Rule are that on or about 4-8-99 opposit....... The application was however heard in presence of said opposite party and rejected by the learned Subordinate Judge being of the view that the question of limitation was a question of both facts and law, and could not be decided without evidence. 5. Mr. MA Samad appearing for the petitioner subm..Category: Procedural Law | Date: | Hits: 69
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. ...... Medical College Hospital, he stayed at Dhaka for a long time and that defendant Nos. 1-4 expended all the money for his treatment and that late Alimuddin, due to illness, lost his mental balance and accordingly, was not in a position to execute the deed of will as alleged and the said will is forge......f, instituted the above Title Suit No. 96 of 1995 stating, inter alia, that by deed of gift dated 25-8-77 late Alimuddin, the husband of the plaintiff, gifted ‘Ka’ and ‘Kha’ schedule property to her and also handed over the delivery of possession of the above lands to her on the same date. T......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)
.... such suit it will be very difficult for opposite party No. 1 to protect his possession in the land. He, therefore, submits that in order to avoid multiplicity of the proceedings and also for ends of justice presence of opposite party No. 1 is necessary at least to prove that the vendor of the petit...... Act and they have been in possession on payment of rents. In the present revenue survey also, his name was correctly recorded. In order to grab the suit land the plaintiff created the Bainapatra. He accordingly, prayed that for disposal of such suit, his presence is necessary. 4. Plaintiff oppos......suit. 2. Short facts for disposal of the Rule are that the petitioner as plaintiff on 11-1-2000 institute suit for specific performance of contract. His case is that opposite party No. 2 entered into a contract with him for sale of 3.315 acres of land at a consideration of Taka 2,37,000 and on re......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)
....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.......written respondent No. 2’s year of birth is 1936 (Annexure C, C-1, C-12 to the petition) as such the petitioner-company had no option but to treat the respondent No. 2’s year of birth as 1936 and accordingly, passed the formal order of retirement on 29-6-93. 8. Mr. Md. Khalilur Rahman submits......Writ Petition No. 535 of 1994. Judgment Kazi A T Manowaruddin J. - This Rule under Article 102 of the Constitution of the Peoples Republic of Bangladesh was issued calling upon the respondents to show cause as to why the impugned order dated 19-3-94 passed by the respondent No.1 the Chairman,......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)
....bmissions by saying that the lower appellate Court passed the impugned judgment and decree quite legally and that he committed no error of law resulting in an error of decision occasioning failure of justice and, as such, the Rule obtained by the petitioner is liable to be discharged. 9. In the p......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.......or disposal of the Rule, in short, are that, the petitioner as plaintiff brought above suit against the defendants on the averments made in the plaint that he is an employee of the Urea Fertilizer Factory at Ghorasal (hereinafter referred to as the factory) of which opposite party Nos.1, 3, 4 and 5 ......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.
......joint written statement stating that the layout plan was modified and the suit land was classified as institutional plot, that the defendant No.6 proposed to construct a hospital on the suit land and accordingly, inquiry was held, that the Allotment Committee in its meeting granted lease of the suit......Bangladesh and others……Defendants
Judgment
February 1st, 1999.
Lawyers Involved:
Dr. Kamal Hossain with Ramjan Ali Sikder, Advocates—For the Plaintiff.
Abdul Quaiyum, Deputy Attorney-General—For Defendant Nos. 1-5(ka).
Khondaker Mahbubuddin Ahmed, Advocate—For the Defe......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)
.... 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 and misconstrued the evidence on record and the Court of appea......reby upheld. In the result, the Rule is discharged without costs. Send 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. ......Arati Acharjya……………. Opposite Parties Judgment July 31, 2001. Cases Referred To- Pachan Rishidas vs. Khuku Rani Dasi and others, 1997 BLD 563 = 50 DLR 47, Jamila Khatun vs. Rustom Ali, 1996 BLD (AD) 61 = 48 DLR (AD) 110, Abdur Rahim vs. Arifur Rahman, 50 DLR 166. Lawyers I......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)
.... acquired the interest of said co-decree holders. On such difference having arisen amongst the decree-holders, a single Bench held: “In such circumstances I should think it safe for the ends of justice and in the interest of the parties to allow the application for execution to proceed in the ......I rule 35 of the Code. After symbolical possession is given in that it will for the parties to have their claims and right of actual physical khas possession and peaceful enjoyment further determined according to law. 11. Shah Abdul Hamid Vs. Prokash Chandra Nandi and another, 38 CWN 832. In an a......, Advocate—For the Petitioners. Shahidul Islam, Advocate—For Opposite Party No. 1-7. Civil Revision No. 78 of 2001. Judgment Md. Abdur Rashid J. -This Rule was obtained by judgment-debtors upon making an application under section 115 of the Code of Civil Procedure against order dated......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)
....e learned Advocate for the opposite party Nos. 1 and 2, submits that the inherent power conferred under section 151(1) CPC which can be exercised by court in certain special circumstances for ends of justice has not been ousted by Artha Rim Adalat Act and the learned Subordinate Judge, considering t...... 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.......intiff, filed the aforesaid suit against the defendant opposite parties praying for realisation of Taka 1,29,51,161,40 as on 29-8-92. The defendant/ opposite parties after appearing in the said suit, took time on 30-11-92 and 11-1-93 for filing written statement and then 18-2-93 the next date fixed ...... 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)
....ional Sessions Judge on mis-reading and non-reading of the material considerations acquitted the accused persons against the overwhelming weight of the evidence and the same has occasioned failure of justice. The learned Assistant Attorney-General further submits that although no witness except PW 7......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. ......lant Vs. Rashid Ahmed & others....................... Respondents Judgment January 6, 2002. Result: The appeal is allowed. Lawyers involved: Sk Rezaul Karim, Assistant Attorney-General — For the Appellant. Not represented — the Respondents. Criminal Appeal No.......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. ...... to hold a salish over the incident but could not do it which caused delay in bringing the First Information Report. The First Information Report was lodged on 10-11-89 with the local police station, according to his statement which has been marked as Exhibit 1 and his signature marked as Exhibit 1(...... Md. Abdul Aziz J Shamsul Haque (Md)………………………….Accused-Appellant Vs. State…………………………….Respondent Judgment December 8, 1999. Cases Referred to- Akhter Hossain and others Vs. State, 4 BLC 236 Abdul Wahed alias Chandu Mia Vs. State, 4 BLC ......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)
....n of the words ‘such property’ in rule 100 as given in the above cases. 25. In the circumstances, the impugned order does not suffer from any error or illegality nor has resulted in failure of justice, we find seven years time too much for disposal of such summary proceedings, which nakedly e......In the circumstances and on the evidence, the executing Court was satisfied that the claimants 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 jurisdictio......ision 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 application under Order XXI rules 100 and 101 of the Code of Civil ...... 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)
....writ petitioner was neither given any hearing nor informed about the fate of his application till date. The respondent has thus acted illegally, male fide and in violation of the principle of natural justice and thus Articles 19 and 27 of the Constitution have been violated. 3. Thereafter the pet......f the applicants and his opinion as to whether the two applicant associations could be merged into one, for his consideration for giving registration and the licence, and that the Deputy Commissioner accordingly, caused an enquiry through the Nezarat Deputy Collector Dinajpur who in his report categ......KS Salahuddin Ahmed for M. Ziaul Hasan, Advocate—For Respondents No. 5. Writ Petition No. 2612 of 2000. Judgment SAN Mominur Rahman J.- Rule was issued calling upon the respondent Nos. 1-3 to show cause as to why the impugned Memo No. Bim/Dba-1/G 10/99/47 dated 7-3-2000 and licence No. 5/...... 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)
....id not get any notice of the Board meeting of SIBL. To get a notice is a statutory right. Section 95 is a substantive provision and this court in its residuary power may interfere whenever it finds injustice is done and in this particular case injustice is done by not giving notice of Board meeting ...... of the specific provisions giving this court jurisdiction may be found in 12, 60, 43, 81, 85(3), 156, 197,233 and 241. The “Court” referred to in these sections has been defined in section 2(d), according to which the “Court” means court having jurisdiction under this Act. Section 3(1) of t......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.......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. ......nce house as well as the villagers. The villagers, however, caught hold of two dacoits, namely, Julhash alias Mongla and Ramjan Ali while they were retreating. The First Information Report was lodged accordingly on the following day with Dhunat Police Station. 3. Thereafter, police took up invest......e……………………………….Respondent Judgment April 4, 2000. Lawyers Involved: Md. Khurshid Alam Khan, Advocate—For the Accused Appellant. KM Saifuddin Ahmed, Deputy Attorney-General—For the Respondent State. Criminal Appeal No. 2015 of 1997. Judgment Md. ......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)
....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. ......994. Therefore all lands which had diluviated and alluviated prior to 13th July, 1994 will not be affected by the Act of 1994. All diluvion or alluvion which took place prior to the Act of 1994 would according to the old law be included in Khas Khatian. 8. The learned Deputy Attorney-General appe...... and others………………………….Respondents Judgment June 10, 1999. Lawyers Involved: Nazmul Huda with SAM Mahbub Elahi, Advocates—For the Petitioner. M Iman Ali, Deputy Attorney-General-For the Respondent. Writ Petition No. 2702 of 1996. Judgment Mainur Reza C......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
.... 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.
......Registrar to carry out a search, only gives the scope for giving conflicting decision and abuse of power and damaging public interest. In this particular case the Registrar has not exercised his duty according to law. Implied statutory requirement of a search, necessary to the validity of the entry ...... expunged from the register of Trade Marks. Let the register be rectified accordingly.
Ed.
This Case is also Reported in: 54 DLR (2002) 294.
......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
....so by unlawfully interfering with the performances of the subordinate judiciary. He, like his previous peers-in usurpation, set up a number of martial law tribunals, where apparent, rather than real, justices were delivered with scant regard to the rules of evidence and procedure, reflective of kang......f Parliament.”
22. The petitioner’s case is indeed based on the assumption that it was beyond the Parliament’s competence to enact Section 3 of the Constitution (Seventh Amendment) Act 1986, accordingly validity to the martial law instruments and actions taken thereunder and the said purpor......y the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, P.S.-Ramna and District-Dhaka and others.....Respondents
Judgment
August 26, 2010.
Cases Referred to-
Anwar Hossain Chowdhury vs. Bangladesh, 41 DLR (AD) 41, British Railway Board –V- Pickin, 1...... 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
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