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Ahsan Karim Jinnah Vs. Meghna Insurance Company Limited & others, 1999, 28 CLC (HCD)
.... by rectifying its register of members. In view of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 160. ...... by rectifying its register of members. In view of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 160. ......of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 160. ......ourt in this connection. 7. The question that has arisen for consideration is, whether the petitioner in fact transferred his shares in favour of the respondent Nos. 2-7 and, if so, whether it was lawful for Company to register the said transfer in its register of members on the basis of unstampe..Category: Company Law | Date: | Hits: 203
Bangladesh Supreme Court Bar Association Vs. Shah Azizur Rahman, MP, 1999, 28 CLC (HCD)
..... It is the duty of all citizens of the country to maintain and uphold the prestige and dignity of the Supreme Court which is the guardian of the Constitution and the laws and administers even handed justice to all who feel aggrieved by any action of anyone including the executive government and see......em and would not be spared and the law would take its own course. In the result, the Rule is disposed of with the above observation. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 159.......Mustaque Ahmed, Advocates—For the Contemner. Contempt Petitioner No. 40 of 1999. Judgment Kazi Ebadul Hoque J. - This Rule was issued calling upon the contemner Mr. Shah Azizur Rahman, MP to show cause as to why a proceedings for committing contempt of this Court should not be drawn up a......llegedly making certain statements published in the ‘Daily Dinkal’ on 9-8-99 alleged to have been made by him on 7-8-99 in the Sylhet Press Club and he should not be dealt with in accordance with law. 2. In compliance of the Rule contemner entered appearance and filed an affidavit contending,..Category: Criminal Law | Date: | Hits: 120
Alamgir (Md) Vs. Habea Begum, 1999, 28 CLC (HCD)
....oner has been satisfying the decretal dues regularly, the learned Family Court erred in law in rescheduling the instalments by his subsequent order dated 5-2-98 and the same has occasioned failure of justice. 5. Mr Md Abu Bakkar Siddique, the learned Advocate appearing for the opposite party, on ......he impugned order dated 29-6-98 passed by the learned District Judge, Cox’s Bazar in Miscellaneous Appeal No.6 of 1998 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 157. ......ce and ultimately obtained a decree therein on contest on 28-11-94 for an amount of Taka 10000.00 as dower and Taka 11,800.00 as maintenance. Subsequently, on the prayer of the petitioner judgment-debtor, the learned Family Court by his order dated 11-11-97 allowed instalments for payment of the dec......nts to the defendant judgment-debtor petitioner by his order dated 11-11-97 following which the defendant petitioner has been satisfying the decretal dues regularly, the learned Family Court erred in law in rescheduling the instalments by his subsequent order dated 5-2-98 and the same has occasioned..Category: Family Law | Date: | Hits: 155
Nazim Habibuzzaman Vs. World Bank & others, 2001, 30 CLC (HCD)
....ble to be rejected in limine. In the result, the appeal is dismissed but without any order at to cost. Send down the records forthwith. Ed. This Case is also Reported in: 54 DLR (2002) 159.......ble to be rejected in limine. In the result, the appeal is dismissed but without any order at to cost. Send down the records forthwith. Ed. This Case is also Reported in: 54 DLR (2002) 159.......m Habibuzzaman instituted this suit against the World Bank and seven others including the High Commissioner, Government of India, claiming damages of Taka 4,00,000 crore (four lac crore) occurred due to the construction of Farakka Barrage at Farakka in India, causing sufferings to the plaintiff and ......r drafting has created the illusion of a cause of action, nip it in the bud at the first hearing by examining the party searchingly under Order X CPC. An activist Judge is the answer to irresponsible law suits. The trial Courts would insist imperatively on examining the party at the first hearing so..Category: Others | Date: | Hits: 79
Nikhil Chandra Halder Vs. State, 2001, 30 CLC (HCD)
....sed used to behave in a deranged manner and was under treatment at Pirojpur, Pabna and Barisal. The defence witnesses were cross- examined on behalf of the prosecution but nothing new came out. ......sed used to behave in a deranged manner and was under treatment at Pirojpur, Pabna and Barisal. The defence witnesses were cross- examined on behalf of the prosecution but nothing new came out. ...... order dated 8-10-1996, passed by the Sessions Judge, Jhalakathi in Sessions Case No. 15 of 1994 convicting the appellant Nikhil Chandra Halder, under section 302 of the Penal Code and sentencing him to suffer rigorous imprisonment for life. 2. The case of the prosecution, in brief, while the vic......xamination, the witness stated that the accused used to be treated for his frenzied and obscene conduct. Sometimes he used to behave like a lunatic and often used to run around. Sunil, the brother-in-law of the accused, used to take him to his house for his treatment. In 1993, he underwent treatment..Category: Health Law | Date: | Hits: 266
....and are of no legal effect.
The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 59 DLR (2007) 690.......n allegations against the petitioner contained in Annexure-B to the writ petition whereby the petitioner was asked to pay supplementary bill of Taka 9, 67. 500 which was alleged to have been prepared according to Tariff Rule 17. 1 with the normal meter reading unit 43000 x 3. In Annexure-B it has be.......
This Case is also Reported in: 59 DLR (2007) 690.......espondent No. 3 directing to disconnect the electric supply to the petitioner, Modern Cold Storage Limited situated at Feni Town, Feni should not be declared to have been passed illegally and without lawful authority and is of no legal effect.
2. Facts giving rise to this Rule Nisi, briefly, be pu..
Category: Others | Date: | Hits: 131
Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)
....nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ......nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ...... BCR (AD) 152; Raja Kushal Pal Singh, AIR 1931 All 443; State of Gujarat vs. Bhikubhai, AIR 1965 Gujarat 70; Patal Laljibhai, AIR 1971 SC 1935; Mrs. Shahar Banoo Ziwar Sultan Beyed vs. Mrs. Wahida Khatoon 1996 BLT (AD) 154. Lawyers involved: Md. Bashiruddin Zindigir, Advocate—For the......r Specific Performance of Contract pending in the Court of Subordinate Judge, First Court, Chittagong being Other Class Suit No. 49 of 1998, filed by the accused No. 1, Abul Kalam Azad, the father-in-law of the accused petitioner, Abdur Rahman and, as such, the private complaint as lodged by the com..Category: Criminal Law | Date: | Hits: 43
State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
.... Almas (absconding) and under sections 302/109 of the same Code against Al Hasib Bin Jamal @ Hasib and Main Uddin Bhuiyan @ Main was framed. The accused persons on dock pleaded innocence and demanded justice. Thereafter, the case was transÂferred to the Druta Bichar Tribunal No.3, Dhaka, wherein ad......e Officer-in-Charge of the police station interrogated Azahar Bhuiyan and others or on 28-8-2000 he questioned him. On that date he had no mental position to state the incident of Bhuiyan Mansion and accordingly, he did not say. He did not say the date and time of the incident at Bhuiyan Mansion to ......ction) Present: AKM Fazlur Rahman J Quamrul Islam Siddiqui J State……………..Petitioner Vs. Al Hasib Bin Jamal alias Hasib and five others……………..Convicts (sentenced to death) Judgment August 22, 2007. Cases Referred To- Nurjahan Begum vs. State,1988 BLD...... through, Accused Monir, on bail, absconded after commencement of the trial with the framing of the charge. So the trial was held in absence of those two accused, who were defended by a state defence lawyer. At the last stage of the trial accused Aslam, Aurango and Hasib on bail absconded. They were..Category: Criminal Law | Date: | Hits: 40
AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)
....e side of the informant that the Rule in Criminal Miscellaneous Case No. 9954 of 2006 cannot be heard on merit and it should be discharged on the ground that the accused petitioners are fugitive from justice. It is a settled principle of law that fugitive from justice cannot claim any protection of ......licy money to which the accused petitioner made proposal to negotiate and made a proposal to the effect that instead of paying Taka five crore as demanded, they are ready to pay Taka one crore. This, according to the informant, is violation of the trust and thus lodged the first information report. ......State 19 DLR 354; State vs Khandker Shamsul Huq 19 DLR 526; Asif Ali vs. State 25 DLR (SC) 68; Rashid Murtuza Qureshi vs. State 17 DLR (SC) 608; State vs. Abdul Gafur 13 DLR 851; Md. Ayub Khan vs. Custodian of Evacue Property 15 DLR (WP) 93; State vs. Delwar Hossain 12 DLR 613. Lawyers involv......in Criminal Miscellaneous Case No. 9954 of 2006 cannot be heard on merit and it should be discharged on the ground that the accused petitioners are fugitive from justice. It is a settled principle of law that fugitive from justice cannot claim any protection of law. To substantiate the claim, the in..Category: Criminal Law | Date: | Hits: 97
Ali Ashraf Mia Vs. Chairman, First Court of SettleÂment and others, 2006, 35 CLC (HCD)
....interference by this Court. Accordingly, both the aforesaid Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 640. ......interference by this Court. Accordingly, both the aforesaid Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 640. ...... Judgment June 27, 2006. Lawyers involved: Fariduddin Ahmed with Md Kamrul Islam, Advocates — For the Petitioner. (In both the Writ Petitions) Adilur Rahman Deputy Attorney-General with Md Zafor Imam, Assistant Attorney-General Shamsul Hoque and Quamrun Nessa Ratna,......o. 1, First Court of Settlement in Case No. 20 of 1990 (Ka-44 Block-B, Babar Road, Dhaka) and Case No. 65 of 1990 (Ka 45 Block B Mohammadpur, Dhaka) should not be declared to have been passed without lawful authority and are of no legal effect and why the properties in question should not be exclude..Category: Property Law | Date: | Hits: 39
Executive Engineer, Roads and Highways Vs. Naderuzzaman and others, 2007, 36 CLC (HCD)
....matter, I do not find that the learned Joint District Judge committed an error of law in allowing the review application which has resulted in an error in the impugned decision occasioning failure of justice. In 56 DLR (AD) 41 our Appellate Division has taken a view that there is nothing in Article ......t the time of the issuance of the Rule and extended subsequently is vacated. Send down the lower court records. Ed. This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ......gain for a rehearing or further hearing which is already concluded by a decision even if that be erroneous……………..[Fazle Karim vs Government of Bangladesh, 48 DLR (AD) 178] Cases Referred to- Zenith Packages Limited vs. Member, Labour Appellate Tribunal 52 DLR (AD) 160; Serajuddin Ahm......its that in the facts of the case the review application under Order XLVII, rule 1 of the Code of Civil Procedure is very much entertainable and the learned Joint District Judge committed no error of law in allowÂing the review application upon setting aside the judgment and order of the appellate ..Category: Procedural Law | Date: | Hits: 75
Bellal Hossain (Md) & others Vs. Md. Yasin Ali Mondal and ors., 2007, 36 CLC (HCD)
....e under section 96(10)(b) of the State Acquisition and Tenancy Act, 1950 but the Court of appeal below without considering the provisions of law allowed the pre-emption causing serious miscarriage of justice. He adds that the date of knowledge about transfer was on 27-2-1994 but the application was ......ed earlier by this Court stands vacated. Send down the lower Court's record at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 634. ......ee-Petitioners Vs. Md. Yasin Ali Mondal and others....……….Opposite Parties Judgment February 4, 2007. Result: The Rule is made absolute. Case Referred to- Hajarilal Mondal vs. Md. Mozaffor Bepari, 8 BLC (AD) 7. Lawyers involved: L......t a sale deed but an exchange deed which is not pre-emptable under section 96(10)(b) of the State Acquisition and Tenancy Act, 1950 but the Court of appeal below without considering the provisions of law allowed the pre-emption causing serious miscarriage of justice. He adds that the date of knowled..Category: Property Law | Date: | Hits: 23
Commissioner of Taxes Vs. Prime Bank Ltd., 2007, 36 CLC (HCD)
....peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ......g so-called capital loss of Taka 18,15,67,643 to the total income of the respondent assessee and restored that of the Deputy Commissioner of Taxes. 2. The assessee is a banking company and was accordingly incorporated in Bangladesh. It submitted its income tax return for the assessment year 1......nance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ......aside the order of Inspecting Additional Commissioner of Taxes and restored that of the Deputy Commissioner of Taxes as stated hereinabove. 5. In the circumstances, the following questions of law were referred for determination by this Division : (i) Whether shares and debentures are ..Category: Fiscal/Taxation Law | Date: | Hits: 82
Abdur Rashid Miah and another Vs. Md. Zami Shah Newaz and others, 2007, 36 CLC (HCD)
....ication. He further submits that the impugned order is based on misconception of law and the learned Court below committed an error of law resulting in an error in the decision occasioning failure of justice. 16. The opposite party Nos. 1 to 6 by filing a counter-affidavit stated that the ap......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. ......¦â€¦..Petitioners Vs. Md. Zami Shah Newaz and others……………..Opposite Parties Judgment March 11, 2007. Result: The Rule is disposed of with modification. Cases Referred to- Tarak Chandra Maghi vs. Atahar Ali Howlader, 8 MLR (AD) 209; 8 BLC (AD) 67. Lawyers invol......Civil Procedure was kept in the record for consiÂderation of the same at the time of hearing of the appeal and the said order was in force and, as such, the learned court below committed an error of law in entertaining another application on the self-same matter and hearing the same without recalli..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 hang in the air, which cannot be the intention of the legislature while promulgating the Ain, 2003. The learned Advocate, lastly, submits that the petitioners have admittedly contested the suit and accordingly, respective decrees have been passed in both the suits. Moreover, in both the cases the ......ents (Pvt.) Ltd., represented by MD and another....Petitioners Vs. Bangladesh and others……………….Respondents Judgment March 15, 2007. Cases Referred To- India vs. Elphinstone Spinning and Weaving Co. Ltd, 2001 (1) JT SC, P 563; Canada Sugar Refining Company vs. R(1898) ......mits that the impugned execution proceeding being neither "মামলা" nor "বিচারাধীন" the order of transfer of the same by the Adalat under section 60(3) of the Ain is without lawful authority and is of no legal effect. In order to substantiate his argument, the learned Advoc..Category: Constitutional Law | Date: | Hits: 168
Abdul Mannan Matubbar Vs. Bangladesh Water Development Board and others, 2007, 36 CLC (HCD)
....solutely necessary. In the facts and circumstances of the instant case, the inquiry is found to have been held giving the petitioner reasonable opportunity to defend himself. The principle of natural justice having been followed in this case we find no scope whatever for Court's interference with th......urt may seem fit and proper. Bangladesh Water Development Board (Employees) Service Rules, 1982Rule 138(c)(d) & 143 The domestic tribunal is not a court to follow procedures of a trial inquiry according to the Civil Procedure Code. In appropriate cases the domestic tribunal may arrive at a de..........Petitioner Vs. Bangladesh Water Development Board and others.........Respondents Judgment April 23, 2007. Result: The Rule is discharged. The domestic tribunal is not a court to follow procedures of the trial or enquiry accordÂing to the Civil Procedure Code. In appropriate......¾-৩/অà¦à¦¿(ক) ২০/৯৩ dated 11-3-1999 issued by respondent No. 4 (Annexure-E) imposing compulsory retirement upon the petitioner should not be declared to be arbitrary, mala fide without lawful authority and to be of no legal effect and/or pass such other or further order or orders as t..Category: Employment/Service Law | Date: | Hits: 76
Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... proviÂsions laid down in section 2(ga)(4) and 50 of the Artha Rin Adalat Ain, 2003 being inconsistent with the recognised principle of juridical power which also fails to secure economic and social justice as contemplated in Articles 8(2) and 20 of the ConsÂtitution of the People's Republic of Ba......ion 4 of the newly enacted law of 2003 for the same purpose. On the said date the petitioner No. 3, as defendant No. 3 upon filing an application sought an adjournment to submit written statement and accordingly, it was allowed by the Adalat Subsequently, only defendant No. 7 entered appearance and ......same cause of action are being disposed of by this single judgment. In Writ Petition No. 6579 of 2004 a Rule Nisi has been issued under Article 102 of the Constitution upon the respective respondents to show cause as to why the impugned order of "Transformation" of TS 195/2000 vide order No. 14 date......o new case in pursuance of the provisions of section 60(3) of Artha Rin Adalat Ain, 2003 being inconsisÂtent with 6(e) of the General Clauses Act, 1897 should not be declared as void and without any lawÂful authority and of no legal effect and also the proviÂsions laid down in section 2(ga)(4) an..Category: Others | Date: | Hits: 104
Integrated Services Ltd. Vs. Commissioner (Current Charges), Customs and others, 2007, 36 CLC (HCD)
.... 1 asked the petitioner to appear with all necessary documents before responÂdent for personal hearing. Thereafter, the petitioner on 27-10-2004 sent a legal notice to the respondent No. 1 demanding justice. Having received no resÂponse, the petitioner moved this Division and on 6Â11 -2004 obtain......legal effect. The responÂdents 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.......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.......004 in ZIA was wholly unauthorised and illegal. 11. He submitted that the Customs Authority was definitely convinced that in detaining said shares transfer adhesive stamps no way violated any law and instead of taking final action, they were asking the petitioner for personal hearing by lett..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. ......llant and he was nabbed by the police at the spot while he was trying to change it. He further submits that the accused could not make any explanation for such possession of the counterfeit note. So, according to him, the learned Judge of the Tribunal upon considering the evidence on record rightly ......……...........Respondent Judgment June 13, 2005. Result: The appeal is allowed. The Special Powers Act, 1974 (Act No. XIV of 1974); section 25A The object of the legislation is to prevent using, selling or trafficking in any way in counterfeit or forged notes. The offence as m......f 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 section cannot be sustained in law……………………..(30) Even when an uneducated rustic citizen in usual course of dail..Category: Criminal Law | Date: | Hits: 40
Mofidul Haque (Md) Vs. Bangladesh, 2006, 35 CLC (HCD)
...., there is no merit in this appeal. The appeal must fail. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ...... the world, including India, deserves to be protected in Bangladesh, one of the members of the union, as well known Trade Mark and the registered mark being C-6724 in Class-25 is liable to be removed according to the provision of section 46 of the Trade Marks Act, 1940. 5. Mr. Md. Moazzem Hus...... The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ......istered mark C-6724 in class 25 has been made without sufficient cause and such wrong entry in the register should be rectified and the mark should be removed from the Register under the provision of law. 3. Conversely, the claims of the appellant as made in Form TM-6 are that the applicant f..Category: Intellectual Property Law | Date: | Hits: 198
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