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Shan Hosiery Vs. Bangladesh Jatiya Shamabaya Shilpa Samity Ltd and others, 2002, 31 CLC (HCD)
....on for temporary injunction, learned Subordinate Judge most illegally reject the plaint on supposed grounds which are not borne out by the plaint and such order has resulted in serious miscarriage of justice. 7. Mr. Probir Halder, learned Advocate for opposite party Nos. 1, 2 and 5, took us throu......imitation since it was filed on 1-3-2000 long after six months from said 12-5-1997. He also submits that the suit is also barred under section 133 of the Co-operative Societies Ordinance, 1984 since, according to him, the cause of action for recovery of possession is a dispute within the meaning of ......junction. 2. The plaintiff on or about 1-3-2000 instituted the suit against defendants, opposite parties for recovery of possession under section 9 of the Specific Relief Act, hereinafter referred to as the Act. Plaint case, in short, is that opposite party No. 1, Bangladesh Jatiya Shilpa Samity ......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)
....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.......30-9-1998 respectively in Writ Petition No. 291 of 1999 and Writ Petition No. 128 of 1999. 3. On the date of 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 du......gh Court Division (Special Original Jurisdiction) Present: Abu Sayeed Ahammed J Mirza Hussain Haider J Selim (Haji Md)………………………………. Petitioner Vs. Collector of Customs and others ………………..Respondents Judgment October 31, 2001. Cases ......—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)
....istant Judge erred in law in rejecting the application without deciding the application on the basis of the deeds produced on the market price of the land which has resulted in serious miscarriage of justice. He relies heavily upon the decision of a Division Bench in the case of Md. Azizul Bari Vs. ...... 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........ 3 and 4 in favour of the petitioner by a deed of sale executed on 4-5-98 and registered on 5-5-98. The petitioner opposed the application by filing a written objection denying the case of the preemptors. 3. Then on 25-4-2000 the petitioner made an application for an order for hearing on the val......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
....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.
......nufactured 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, 15,464.00 and accordingly, paid sales tax thereon amounting to Taka 1, 78,866.00 and demanded Taka 35,773.00 by wa......33, 558; Ahmed Khan Vs.Controller of Estate Duty, 1969 PTD 494.
Lawyers Involved:
Shamsul Hoque Siddiqui with AM Abdus Sattar Advocates—For the Petitioner.
Md. Altaf Hossain Khan, Deputy Attorney-General with FKM Ahsan, Assistant Attorney- General—For the Respondents.
Writ Petition N......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)
....5 of the Evidence Act, the petitioner is not entitled to the benefit of Order 3 rule 2(a) of the Code of Civil Procedure. No error of law has been committed in the impugned decision and no failure of justice has been occasioned. 7. It appears that this application was filed out of time by 436 day......enticated by any Notary Public or any court, Judge, Magistrate, Bangladesh consul or vice consul or any representative of the Government. The alleged power of attorney has not therefore been executed according to the provision of section 85 of the Evidence Act and accordingly, the petitioner is not ......tioner. Md. Mansurul Haque Chowdhury, Advocate—For the Opposite Party. Civil Revision No. 636 of 1996. Judgment Bijan Kumar Das J.- This Rule was issued calling upon the opposite party to show cause as to why the impugned order dated 16-9-95 passed by the learned Subordinate Judge, Na...... 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)
....submits that the learned Courts below erred in law in allowing pre-emption holding without any lawful basis, that the jama in question was not legally separated and the same has occasioned failure of justice. The learned Counsel further submits that the learned Courts below erred in law in not prope...... 1, on the other hand, submits that the learned Courts below on detailed discussion and consideration of the material evidence on record concurrently found that the Jama in question was not separated according to law as a result of which the parent jama remained intact and the pre-emptor continues t......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 of the Assist...... 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)
....nce with law regarding that petition. Communicate the order to the Magistrate concerned. The application is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 222.......ed is directed to treat the petition as a petition of complaint and to proceed in accordance with law regarding that petition. Communicate the order to the Magistrate concerned. The application is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 222.......led the above Criminal Revision in which the learned Sessions Judge passed the impugned order. It appears that the learned Sessions Judge allowed the revision and directed the cognizance taking Court to hold judicial inquiry by a Magistrate, 1st Class. The learned Sessions Judge also set aside the o...... 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)
....aintainable for want of authorisation and the learned Subordinate Judge committed serious error in entertaining and allowing such incompetent application, which has resulted in serious miscarriage of justice. Secondly, he submits that the learned Subordinate Judge also erred in law in condoning the ...... said land for weeding, her father learnt from them for the first time about the preemption case. Then on 28-9-98 her father by search through clerk Nurul Huq became sure about the ex parte order and accordingly, she informed her husband over telephone. Authorised by her husband, she got the applica......n, Advocate—For the Petitioner. Shamim Khaled Ahmed —For the Opposite Parties. Civil Revision No. 621 of 2000. Judgment Md. Abdur Rashid J.- The above Rule was obtained by the preemptors upon making a revision application under section 115 of the Code of Civil Procedure against jud......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)
....r contains, any scandalous design, or any matter the use of which would: (a) by reason of its being likely to deceive or to cause confusion or otherwise, be disentitled to protection in a Court of justice; or (b) be likely to hurt the religious susceptibilities of any class of the citizens of ......y order as to cost. The trade mark registered under No. 38902 in Class-29 and No. 55568 in class 29 are expunged from the register of the Trade Marks and the Registrar is directed to rectify the same accordingly. Ed. This Case is also Reported in: 54 DLR (2002) 273.......gister of the Trade Marks and the Registrar is directed to rectify the same accordingly. Ed. This Case is also Reported in: 54 DLR (2002) 273.......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)
....he co-owners of an undivided homestead or dwelling house against the onslaught of an outsider. The object of this legislation is reasonable and it is quite in consonance with the principle of equity, justice and good conscience…………………………..(17) Cases Referred to- AIR 1973 A......buying up the share of a stranger purchaser in the undivided dwelling house. The submissions made by the learned Advocate for the petitioners are thus found to have sufficient substance and these are accordingly sustained. 19. In the result, the Rule is made absolute without any order as to cost ......……...Petitioners Vs. Chitra Rani Dey and another…………………...Opposite Parties Judgment August 24, 1999. Result: The Rule is made absolute without any order as to cost. Section 4 of the Partition Act was enacted to afford a special opportunity to a co-shar......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)
....w that the plaint disclosed no cause of action for filing suit against the petitioner and other Group-B shareholders and the learned Subordinate Judge committed an error of law occasioning failure of justice in not rejecting the plaint. In the result, the Rule is made absolute and the impugned or......ors or by winding up of the company and subsequently in the meeting held on 30-3-1993, the directors saw all the accounts and liabilities and then the Group B Directors were requested to put in funds according to their share holding so that all the liabilities could be met but they did not make any ......th AGM Safiullah, Advocates—For Respondent Nos. 1 and 2. Civil Revision No. 3616 of 1996. Judgment Md. Tafazzul Islam J.- This Rule was issued calling upon the Opposite Party Nos. 1 and 2 to show cause as to why the impugned order dated 8-9-1996 passed by the learned Subordinate Judge, 2......-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.......mber Judge and the subsequent steps in the election process before getting the order or 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.............Petitioner Vs. Government of the People’s Republic of Bangladesh....................Respondents Judgment July 15, 2010. Result: The petition is dismissed. Cases Referred to- AKM Mayeedul Islam Vs. Bangladesh Election Commission 48 DLR (AD) 208; AFM Shah Alam Vs. Maj......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
.... at liberty at once, if not required in any other case.
Let an advance order be sent to Superintendent, Barisal Jail, Barisal immediately.
Ed.
This Case is also Reported in: 54 DLR (2002) 266....... territorial 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 libert......
Case Referred To-
Malik Golam Jilani vs Government of West Pakistan, 19 DLR (SC) 403.
Lawyers Involved:
Yusuf Hossain Humayun, Advocate—For the Petitioner.
Syed Abu Kowser, Assistant-Attorney-General— For the Opposite Parties.
Criminal Miscellaneous Case No. 6693 of 2001.
Judg......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)
....ntral Jail, Dhaka is being held in custody without any lawful authority and he be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (2002) 258. ......y prejudicial act within meaning of section 2(f). The possession of the materials created a suspicion in the mind of the authority that detenu might engage in any activities as referred to above. So, according to us, in spite of omission of clause (g), the authority had the scope to detain the deten......try 1983 BLD 140; H Saha vs. State of West Bengal 1974 AIR 2154; Golam Kabir vs. Government Bangladesh 27 DLR 199; Borjahan vs. State of West Bengal 1972 AIR (SC) 2256; Francis Coralie vs. Union Territory of Delhi 1981 AIR 746; Sunil Batra (II) vs. Delhi Administration 1980 (SCC) 1579; Sunil Batra v...... 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. ......rrival he found them. Ima Dafader, Alauddin Choukider came to the place of occurrence and they were on guard up to the arrival of the Daroga. He asked Dafader and Chowkider to guard the dead body and accordingly they guarded the dead body. He could not tell whether anybody from village Kamanna came ......0, Sarwar Kamal vs. State 48 DLR 61. Lawyers Involved: Shawkat Ali Khan with Faziul Haque Khan Farid and Md Amzad Hossain, Advocates—For the Appellants. ABM Waliur Rahman Khan, Assistant Attorney General with Mohammad Jalaluddin, Assistant Attorney General and Monowara Khatun, Assistant A......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)
....veling beyond the scope of review as envisaged by Order 47 rule 1 of the Code of Civil Procedure and sat over his own judgment by way of rehearing of the appeal and the same has occasioned failure of justice. The learned Advocate further submits that the learned District Judge was manifestly wrong i......cedure and illegally resorted to hearing the appeal afresh. For the reasons stated above, I find sufficient substance in the submissions made by the learned Advocate for the appellants and these, are accordingly sustained. The appeal succeeds. 19. In the result, the appeal is allowed without any ......lowing the Review Case and setting aside the judgment delivered by it on 14-4-91 dismissing the appeal on contest and affirming the decree passed by the learned trial Court. 2. Short facts leading to the case are that, the appellants as plaintiffs instituted a suit in the Court of the Subordinate......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)
....ing had made the order for leasing out the fishery afresh upon inviting bid through well circulated tender without hearing the petitioner and that thereby having had violated the principle of natural justice the said order of the Divisional Commissioner not being legal and that said illegal order of......the lease deed and that upon delivery of possession has acquired a vested right in the fishery in question the respondents were not correct in rejecting the recommendation of the Tender Committee for according approval to the bid of the petitioner. He further submits that the Divisional Commissioner......Petition No.1120 of 1999. Judgment Md. Ruhul Amin J. - This Rule has been obtained upon an application filed under Article 102(2) (a) (ii) of the Constitution. The respondents were called upon to show cause as to why the order dated 22-3-1999 passed by the respondent No. 2. Member, Land Appea......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)
....e copy of this judgment and order. The office is hereby directed to send a copy of this judgment to the trial Court at the earliest. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 194.......e copy of this judgment and order. The office is hereby directed to send a copy of this judgment to the trial Court at the earliest. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 194....... The office is hereby directed to send a copy of this judgment to the trial Court at the earliest. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 194.......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
Khorshed Alam (Md) Vs. Subordinate Judge and Artha Rin Adalat No. 1 and others, 2001, 30 CLC (HCD)
....date. Let a copy of this judgment be served upon Mr. Mahbubul Islam, the Judge-in-Charge (now Joint District Judge) for future guidance. Ed. This Case is also Reported in: 54 DLR (2002) 239. ......date. Let a copy of this judgment be served upon Mr. Mahbubul Islam, the Judge-in-Charge (now Joint District Judge) for future guidance. Ed. This Case is also Reported in: 54 DLR (2002) 239. ......uly published and auction sale were fixed on 25-11-1998, 11-8-1999 and 8-11-1999 where the highest bid was Taka 28,15,000, 92,04,000 and 96,58,000 respectively but the execution court was not pleased to accept any of the aforesaid bids because of in sufficient price of the mortgaged property. The re......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)
....uct can be well termed as neurotic explosion causing morals degradation among the younger generation. It is, pertinent to bear in mind that we cannot act beyond the provision set by law to meting out justice. 21. On careful appraisal of the law relating to the Act, it appears that subsequently, t...... complainant ought to have served a written notice upon the accused-petitioner within 15 days of the receipt of the information of return of the cheque as unpaid. Cause of action for prosecution will accordingly arise under clause (c) of the proviso to section 138 of the Act, on the failure of the p...... Criminal Miscellaneous Case No. 3481 of 2001. Judgment Altaf Hossain Khan J. - This Rule was issued on an application filed by the accused petitioner Abdus Salam, Chairman and Managing Director of Chistia Group of Companies under section 561A of the Code of Criminal Procedure calling upon ......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
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