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Abdur Rashid Miah and another Vs. Md. Zami Shah Newaz and others, 2007, 36 CLC (HCD)
....h above modification that the contentious signatures or writings are to be examined with admitted signatures. Ed. This Case is also Reported in: 59 DLR (2007) 625; 13 MLR (HCD) (2008) 317. ......sed any failure of justice. 27. Let us now see the provision of law and the decision of our apex Court. 28. Section 73 of the Evidence Act, no doubt, empowers a Court to compare any questioned signature or writing with admitted or proved signature or writing in order to come to a......wlader and others reported in 8 MLR (AD) 209, 8 BLC (AD) 67 in support of his contention. 19. In order to analyse the conflicting submissions of the learned Advocate we must go back to the facts and circumstances of the case in which the application of the opposite parties for an expert o..Category: Property Law | Date: | Hits: 32
Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615.......l the contending parties, perused the writ petitions along with the impugned orders and the affidavit-in-oppositions filed by the respective respondents in all these four Writ petitions. The common question being posed by the respective petitioners is, that whether the "execution proceeding" lying......e order No. 9 dated 296-03 passed by the Adalat in Mortgage Execution Case No/35 of2002 transferring the same under the Ain, 2003 and renumbered as Artha Execution Case No. 693 of 2003. 3. Short facts, as are necessary for the purpose of disposal of this Rule, are that the respondent No. 3, J..Category: Constitutional Law | Date: | Hits: 168
Abdul Mannan Matubbar Vs. Bangladesh Water Development Board and others, 2007, 36 CLC (HCD)
.... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ......ow procedures of the trial or enquiry according to the Civil Procedure Code. In appropriate cases, considering the facts and circumstances thereof such a tribunal may arrive at a decision simply by questioning the accused and considering his explanation.................................(8) Cases...... Result: The Rule is discharged. The domestic tribunal is not a court to follow procedures of the trial or enquiry according to the Civil Procedure Code. In appropriate cases, considering the facts and circumstances thereof such a tribunal may arrive at a decision simply by questioning the a..Category: Employment/Service Law | Date: | Hits: 76
Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....he Ain, 2003 has been promulgated for the purpose of further amendment and consolidation of the existing Ain. 18. The above language of the preamble of two separate enactments are more or less identical in order to address the problem of recovery of loans disbursed in favour of the loanee. In......oan facilities on the prayer of the loanee. However, failure to repay the loan amount within the re-scheduled period led to the institution of Title Suit No. 125 of 2001 for recovery of the amount in question. Later, under section 60(3) of the Ain the said title suit was shown transferred on 1-10-20......be declared to be not applicable in Title Suit No. 195 of 2002 pending before the Artha Rin Adalat No. 1, Dhaka against the petitioner under the provisions of the Artha Rin Ain, 1990. 3. Short facts, relevant for the purpose of disposal of the Rule, are that the respondent No. 3, Janata Bank,..Category: Others | Date: | Hits: 104
Integrated Services Ltd. Vs. Commissioner (Current Charges), Customs and others, 2007, 36 CLC (HCD)
....legal effect. The respondents are directed to refund the, detained non-adhesive share transfer stamps by 24th day of May, 2007, positively. Ed. This Case is also Reported in: 59 DLR (2007) 597.......as not maintainable for not having exhausted statutory remedy available to the petitioner. 16. He submitted that the Customs Authority did not commit any illegality in detaining the stamps in question when the petitioner failed to produce any paper showing any authority to carry said stamps ......Rule Nisi, the letter dated 24-10-2004 issued by one Assistant Commissioner, respondent No. 3 (Annexure-R) directing the petitioner to appear before him for personal hearing was challenged. 2. The facts and circumstances, in which the Rule was obtained, in short, are that the petitioner is a priv..Category: Business or Commercial Law | Date: | Hits: 178
Manzu Sweeper Vs. State, 2005, 34 CLC (HCD)
.... a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 593; 13 MLR (HCD) (2008) 417. ......ncy note in possession of the accused was of such nature or description of look that a mere look at it would convince any person of average intelligence that it was counterfeit or forged nor any such question was put to the accused during trial, the conviction and sentence of the accused under the s...... course of daily life comes in possession of a counterfeit or forged note which he finds to be suspicious and tries to get rid of it, he cannot be held guilty under the section. Having regards to the facts we could not find any evidence whatsoever from the record that the appellant used or tendered ..Category: Criminal Law | Date: | Hits: 40
Mofidul Haque (Md) Vs. Bangladesh, 2006, 35 CLC (HCD)
.... applicant's mark Liberty has acquired distinctiveness for the products of the applicant and the distinctiveness of the said trade mark has gone to such an extent that if anybody uses the similar and identical trade mark in respect of products falling in class-25 people will at once think that such ......ade Marks Act, 1940, the municipal law of the land. Lastly, he has argued that the respondent No. 2 failed to prove the user of the mark in Bangladesh prior to the date of registration of the mark in question in the name of the appellant and the onus to prove such user is on the applicant for rectif......led on 4-6-1997, by the respondent No. 2 for rectification of the register and removal of the mark from the register so that the respondent No. 2 can get registration of the mark in Bangladesh. The facts which would suffice to prevent registration would in general, be sufficient for removal of the..Category: Intellectual Property Law | Date: | Hits: 198
A Wadud Member and another Vs. State, 2006, 35 CLC (HCD)
....We find no substance in the Rule, In the result, the Rule is discharged. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 59 DLR (2007) 586. ......We find no substance in the Rule, In the result, the Rule is discharged. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 59 DLR (2007) 586. ......tioners appeared as accused Nos. 1 and 4. This first information report was lodged under sections 143/341/307/332 of the Penal Code and under section 3/4 of Explosive Substance Act. From narration of facts in the first information report if appears that in the election campaign, the informant was su..Category: Criminal Law | Date: | Hits: 29
Jaban Ali and others Vs. Tazir Muhammad and others, 2007, 36 CLC (HCD)
....same subject-matter, if not otherwise barred by any law. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 584. ......s. Not represented—For Opposite Party Nos. 1 and 2. Civil Revision No. 61 of 1985 (Rangpur). Civil Revision No. 6752 of 1991 (Dhaka). Judgment SM Ziaul Karim J.- This Rule, calls in question the legality and propriety of the order dated 6-8-1984 passed by the learned Subordinate Ju...... Subordinate Judge, Thakurgaon, in Other Class Suit No. 51 of 1981, permitting the plaintiffs to withdraw the suit, without permitting them to sue afresh the selfsame cause of action. 2. Short facts leading to this Rule are that the petitioners as plaintiffs instituted the Other Class Suit No..Category: Property Law | Date: | Hits: 23
Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)
....arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ......r. He claims that Harinath orally gifted 0.20 acres of land to his father and subsequently, he granted licence of 1.64 acres of lands to his uncle and father. In view of this admitted position, the question is, whether he can maintain an application for revocation of the grant. 8. The learn......ath Majumder did not execute the will in favour of Surendra Nath Biswas on 5-8-63 and that Harinath Majumder died on 27-7-63 before the date of execution of the will; Surendra Nath Biswas concealed facts and obtained the Letter of Administration by practising fraud upon the Court. The respondent N..Category: Property Law | Date: | Hits: 68
Sylhet Gas Fields Ltd. Vs. Chairman, 2nd Labour Court and another, 2007, 36 CLC (HCD)
....ischarged on contest without any order as to cost. The stay order passed at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 576. ...... has argued also that the punishments which were imposed on the respondent No. 2 were all in conformity with section 17 of the Employment of Labour (Standing Orders) Act, 1965 and as such there is no question of infringement of any right of the respondent No. 2. The learned Counsel of the petitioner......eem fit and proper. 2. The writ petitioner Sylhet Gas Fields Limited is a registered company under Petrobangla and the respondent No. 2 is an employee of this petitioner company. 3. The facts necessary for disposal of this Rule, in short, are as follows : The respondent No. 2 wa..Category: Labour and Industrial Law | Date: | Hits: 114
Aziz Hasan and others Vs. Bangladesh, 2007, 36 CLC (HCD)
.... not pay in cash the amount of money covered by respective bank guarantees within a period of thirty days of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 563. ......n particular, sections 18,19,30 and 30A of the Act, which we would do a little later. 13. Before that, we hope the facts of one case would be sufficient to understand the issue raised and the questions of law involved on the concept of vested rights and/or the principles of estoppel in the m...... the learned Advocates, we need to read the relevant provisions of the Act, in particular, sections 18,19,30 and 30A of the Act, which we would do a little later. 13. Before that, we hope the facts of one case would be sufficient to understand the issue raised and the questions of law involv..Category: Fiscal/Taxation Law | Date: | Hits: 64
Enamul Haq (Md) Vs. Jatiyo Bishwabiddalay and others, 2007, 36 CLC (HCD)
....thority having no legal effect. The petitioner be allowed to join in a permanent post of Lecturer in Arabic. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 556. ......ubmits that the petitioner has connection with a militant group banned by the Government and, as such, he is not entitled to be appointed as a lecturer in Arabic. He further submits that the disputed questions of facts are involved in this writ petition and that resolution of those facts requires ta......mendation of the Selection Board constituted for the purpose and approved by the Syndicate of the National University should not be declared to have been done without any lawful authority. 2. The facts leading to the issuance of the Rule, in brief, are: The educational qualifications of the A..Category: Employment/Service Law | Date: | Hits: 65
Muhaiminul Hasan Khan Vs. Md. Nurul Islam Khan and others, 2001, 30 CLC (HCD)
....fresh and dispose of the original application for succession certificate in the light of above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156.......cession certificate would be necessary. But, he held that opposite party No. 1 was nominated by the deceased as the next of kin and beneficiary and he was only entitled to get the assets and money in question in which the mother had no legal right. Upon such views, the learned Additional District Ju......No. 15 of 1995 reversing those dated 14-1-95 passed by Subordinate Judge Arbitration Court at Dhaka Succession Case No. 33 of 1992 which set aside order granting a succession certificate. 2. Short facts for disposal of the Rule are, that on 20-1-91 on behalf of Muhaiminul Hasan Khan, Mamun, minor..Category: Property Law | Date: | Hits: 36
Pubali Bank Limited Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
....ost 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) 144. ......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.” 7. It thus appears that in paragraph 22 relied on by Mr. Mahmud the Appellate Divisi......s 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 of the facts of case and the contention of the parties were stated and in paragraphs 7 and 8 the submission..Category: Procedural Law | Date: | Hits: 67
Bura Yunus and others Vs. State, 2007, 36 CLC (HCD)
.... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549.......to a police officer shall be proved as against a person accused of any offence under section 25 of the Evidence Act. The criterion for excluding the confession under this section is the answer to the question, to whom was the confession made? If the answer is that it was made to a police officer, th......f interrogation disclosed the names of Shobuj, Sagor alias Yousuf, Bura Yunus, Nannu, Nazir Hozrot, Kalam Mia, and Gulkata Moksed, who were with them. Thereafter, he lodged the FIR narrating the said facts with the Lalbagh police Station. 5. After the case of records were sent before the lear..Category: Criminal Law | Date: | Hits: 90
Shafique Ullah (Md) Vs. Chairman, Rupali Bank Ltd. and others, 2006, 35 CLC (HCD)
....e Appeal No. 621 of 2000 is hereby affirmed. Send down the lower Court's records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 546.......servant that law is not applicable for him. There is no legal bar in drawing departmental proceeding simultaneously with the criminal case on the charge of misappropriation of bank money. There is no question of double jeopardy. In this regard the case reported in 1996 BLD (AD) 99 may be referred. H......e Appeal No. 621 of 2000 is hereby affirmed. Send down the lower Court's records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 546...Category: Criminal Law | Date: | Hits: 29
Mahmudur Rahman and another Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)
....d to have been made without lawful authority and is of no legal effect There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 540; 13 MLR (HCD) (2008) 353. ......nclusion of their names in the lists prepared by the Central Bank's Credit Information Bureau (CIB) as persons who have defaulted in the payment of bank dues. 3. Both the Rules concern common question of law and facts and are being disposed of by this single judgment. 4. It has been ......mes in the lists prepared by the Central Bank's Credit Information Bureau (CIB) as persons who have defaulted in the payment of bank dues. 3. Both the Rules concern common question of law and facts and are being disposed of by this single judgment. 4. It has been stated that the peti..Category: Banking Law | Date: | Hits: 124
....ccordingly rejected.
However, the Contempt Petition No. 17 of 2010, shall be taken up for hearing today after recess.
This Order is also Reported in: 16 BLC (AD) (2011) 05, 19 BLT (AD) (2011) 14.......ccordingly rejected.
However, the Contempt Petition No. 17 of 2010, shall be taken up for hearing today after recess.
This Order is also Reported in: 16 BLC (AD) (2011) 05, 19 BLT (AD) (2011) 14.......on first, it is again pointed out that since other two matters arose subsequently out of the said very leave petition, if the leave petition is placed first, we would be able to appreciate the entire facts. Moreso, the leave petition having been fixed earlier for hearing today, it would be proper fo..
Category: Property Law | Date: | Hits: 73
Shilpi Vs. State, 2006, 35 CLC (HCD)
....ke evidence of the appellant Shilpi. Communicate this order to the Tribunal concerned immediately. This appeal is allowed summarily. Ed. This Case is also Reported in: 59 DLR (2007) 539. ......ke evidence of the appellant Shilpi. Communicate this order to the Tribunal concerned immediately. This appeal is allowed summarily. Ed. This Case is also Reported in: 59 DLR (2007) 539. ......nformation report named witness Shilpi is the victim of the case and in the petition of the prosecution it was clearly stated that on 4-4-2006 only the victim was recovered. 3. Considering the facts and circumstances, we find that the victim Shilpi, the present appellant, is a very vital witn..Category: Procedural Law | Date: | Hits: 67
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