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Nirode Baran Barua Vs. Mrinal Kanti Das and others, 2006, 35 CLC (HCD)
.... the Penal Code and in that case, it was held that when the complaint was sent for judicial inquiry under section 202 of the Code of Criminal Procedure the complainant was not examined on oath as per provision of section 200 of the Code of Criminal Procedure, as such, the proceeding, as drawn up, is......te thereafter, took cognisance of the case under sections 406/420 of the Penal Code. 3. Mr. AKM Faiz, learned Advocate, appearing for the accused petitioner, submits, that it is demand of the law that before taking cognisance on judicial inquiry held on a naraji petition, the complainant mus..Category: Criminal Law | Date: | Hits: 27
Major Monjur Quader(Retd.) Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)
....wer company. It is further stated that his guarantee makes him liable along with the borrower company to the Bank for the repayment of the loan. Thus, since the loan is remaining outstanding as per provisions of section 5(Gaga) of the Bank Companies Act, 1991 as amended, the petitioner is also a l......-2001 issued by the respondent No. 1, so far it relates to classified Borrower Code No. 60220 and the inclusion of the name of the petitioner therein shall not be declared to have been made without lawful authority and is of no legal effect and/or pass such other or further order or orders as to t..Category: Banking Law | Date: | Hits: 125
....ivision Bench of this Court comprising Mr. Justice Shah Abu Nayeem Mominur Rahman and Mr. Justice Arayesuddin held that in section 11 of the Muslim Marriages and Divorces (Registration) Act, 1974 the provision for show cause notice is mandatory. It has been further held there, that there is no diffe......celling the appointment of the petitioner as Nikah Registrar of Ward No. 8 of Noakhali Municipality under Police Station and District Noakhali should not be declared to have been passed without any lawful authority and is of no legal effect.
2. It is stated in the Writ Petition that the pet..
Category: Civil Law | Date: | Hits: 77
Md. Ali Vs. State, 2007, 36 CLC (HCD)
....e is no use of sending the appeal back to the High Court Division for consideration on merit. Learned Advocate submits that if the case be sent back to the Court below to hold the fresh trial under provisions of Special Powers Act in view of recovery of bottles of Phensidyl from the accused as p......e thereunder. Said convict accused Lokman Hossair be treated to be at liberty if not connected with any other case. Records be sent down. Ed. This Case is also Reported in: 59 DLR (2007) 441...Category: Criminal Law | Date: | Hits: 30
Zamir Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....oss-examined by the accused persons duly. The defence did not examine any witness and after the conclusion of the examination of the prosecution witnesses, the accused persons were examined under the provision of section 342 of the Code of Criminal Procedure who did not state any plea in their exami......on of section 537 of the Code of Criminal Procedure and, as such, the same cannot be a ground for setting aside the entire judgment of conviction of the convict/appellants which is otherwise good and lawful. The learned Deputy Attorney-General pressed for dismissal of the Appeal. 20. We have hear..Category: Criminal Law | Date: | Hits: 30
New Zealand Milk Brands Ltd. Vs. Unilac Sanowara (BD) Ltd. & ors., 2005, 34 CLC (HCD)
.... the said mark. It is alleged that the registration of trademark under application No. 62724 for milk powder, filed by opposite party No. 1, registered on 28-11-1999, is in complete derogation of the provisions laid down in sections 10(1) and 8(a) of the Act whereby registration of identical or simi...... It is contended that opposite party No. 1 secretly applied for and obtained registration of a trademark consisting of the words "Red Cow" and the device of the cow knowing that the petitioner is the lawful proprietor of the said mark. It is alleged that the registration of trademark under applicati..Category: Intellectual Property Law | Date: | Hits: 187
Salina Begum Vs. Mojibur Rahman and others, 2006, 35 CLC (HCD)
....charged without any order as to the costs. Lower Court's record be sent down at once with a copy of the judgment Ed. This Case is also Reported in: 59 DLR (2007) 420; 13 MLR (HCD) (2008) 58. ......llate Court as the final Court of finding of facts affirms or reverse the judgment of the trial Court on a proper assessment of the evidence on record and the findings do not suffer from any error of law and the case is concluded by finding of facts no interference is called for in the revision unde..Category: Property Law | Date: | Hits: 40
Samiran Haider and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....ibunal is established under this Article, "no Court" shall entertain any proceedings or make any order in respect of any matter falling within the jurisdiction of such tribunal and submits that every provision in the Constitution must be read in its own context and that the non obstante clause relat......cise of power under Rule 6(2)(a) of the Gazetted Officers (National Securities Intelligence) Recruitment Rules, 1981, (Annexures H and I) should not be declared to have been passed and issued without lawful authority and is of no legal effect and/or pass such other or further order or orders as to t..Category: Employment/Service Law | Date: | Hits: 107
Barrister Md. Rafiqul Islam Mia Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
.... against the petitioner and 3 others. After submission of charge sheet the case were referred to the office of the Hon'ble Prime Minister of the Government of Bangladesh for according sanction as per provisions of section 6(5) of the Criminal Law Amendment Act, 1958 for prosecuting the accused perso......n 5(2) of the Prevention of Corruption Act, 1947 (Act II of 1947) pending in the Court of Divisional Special Judge, Dhaka as contained in Annexure-C should not be declared to have been passed without lawful authority and is of no legal effect and/or pass such other or further order or orders as to t..Category: Anti-Corruption Laws | Date: | Hits: 140
Mahbub-ur-Rahman Chowdhury Vs. DG, Bureau of Anti-Corruption and others , 2007, 36 CLC (HCD)
....ion of the business of the government. As per rule 2(D) of the definition clause business means all works done by the government. The rule 4(1) of the Rules of Business is as follows: "Subject to the provision of this rule in regard to consultation with other Ministers and Divisions and submission o......ition) issued by respondent No. 3 directing the petitioner to submit return of his properties along with source and liabilities of the same should not be declared to have been made illegally, without lawful authority and is of no legal effect and/or such other or further order or orders passed as to..Category: Anti-Corruption Laws | Date: | Hits: 150
Ratan Sarder and others Vs. Bishai Bepari and others, 2009, 38 CLC (AD)
....vocate for the appellants and as such, find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 788. ......nsel further submitted that by way of amendment of the plaint new facts were brought on record but the plaintiff did not adduce any evidence in support of the fact added in the plaint, though the law is that without taking any evidence as regard the facts narrated in the plaint or written statem..Category: Property Law | Date: | Hits: 28
Shahjahan Ali (Md.) @ Md. Shahjahan Vs. State, 2007, 36 CLC (HCD)
....an Ali preferred this appeal. 6. Mr. Md. Khurshid Alam Khan, learned Advocate for convict appellant, submits that the impugned judgment of conviction and sentence is not in accordance with the provision of section 367 of the Code of Criminal Procedure and, as such, the same is liable to be se......of Sharifa Khatun to Kishoreganj Sadar Hospital Morgue for Post Mortem. PW 16 Magistrate Md Anisuzzaman recorded the confessional statement of accused Shahjahan after observing all the formalities of law and the said confessional statement is marked Exhibit 6 while the signature of magistrate therei..Category: Criminal Law | Date: | Hits: 29
Abdul Mannan Sheikh (Md) Vs. Soleman Bewa and others, 2007, 36 CLC (HCD)
.... of a written instrument in the words "adjudge it so" void; it also provides that the Court, "in its discretion" may order the instrument when adjudged void to be delivered up or cancelled. From this provision it is obvious that the declaration of nullity is the main and substantive relief, whereas ......by adducing documentary evidence like the deed in question. The learned Counsel lastly submits that the learned Judge of the Court of appeal below failed to weigh and sift the evidence as required by law and evidently fell in an error in coming to his ultimate decision occasioning failure of justice..Category: Property Law | Date: | Hits: 26
Syed Salahuddin Ahmed Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....tioner had to spend huge amount of money to develop it for the purpose of establishment of a 'petrol pump'. After that, the petitioner established a 'servicing unit' and a pump island having separate provision of petrol and diesel unit, a servicing workshop and a cash counter. Without any fault of t...... Memo No. 3637 dated 18-11-1993 (Annexure-C) and the action of the respondents in evicting the petitioner from his leasehold land, vide Annexure-A should not be declared to have been made without any lawful authority. 2. The facts leading to the issuance of the Rule, in brief, are: The petiti..Category: Constitutional Law | Date: | Hits: 200
Khorshed Alam Khan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
.... to Miscellaneous Case No. 4 of 1995-1996 praying for publishing a Gazette notification declaring abatement of the LA proceedings pursuant to section 12 of the Ordinance, for noncompliance of the provision of section 10 of the Ordinance, but the same was rejected by the respondent No. 3, Additio......ing upon the respondents to show cause as to why the order dated 25-1-1996 (Annexure-G) passed by the respondent No.2 in LA Case No. 34 of 1993-1994 should not be declared to have been passed without lawful authority and is of no legal effect and why the respondents should not be directed to release..Category: Property Law | Date: | Hits: 57
Bangladesh Film Development Corporation Vs. Chairman, Labour Court & another, 2007, 36 CLC (HCD)
.... illegality in entertaining the Complaint Case filed by respondent No. 2. The FDC may have its own service regulations but it cannot be beyond the ambit of the Act, 1965. According to the law, if any provision of the Service Regulations of the FDC is less favourable to the expressed provisions of th...... Writ Petition Nos. 746-751 of 2006. Judgment Quamrul Islam Siddiqui J.- These Rules were head together and are being disposed of by this common judgment as they do involve common question of law and of facts. 2. In these six applications under Article 102 of the Constitution of the Peopl..Category: Labour and Industrial Law | Date: | Hits: 181
State Vs. Kajal Ahmed Jalali, 2007, 36 CLC (HCD)
....thwith if not wanted in connection with any other case. Send down the LCRs along with a copy of the judgment to the Court below forthwith. Ed. This Case is also Reported in: 59 DLR (2007) 345.......or trial. Again accused Kajal Ahmed Jalali, Forkan, Akhter Hossain, Ziauddin @ Bayes absconded on getting bail and trial was held in absentia against the absconding accused persons in accordance with law providing State defence lawyer for them. 10. At the trial, prosecution examined in all 65 wit..Category: Criminal Law | Date: | Hits: 109
Jakir Hossain Vs. Jel Vanu, 2005, 34 CLC (HCD)
..... 25 of 2003 are hereby set aside. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 340, 26 BLD (HCD) (2006) 98. ...... fact that the impugned judgment and decree are replete with surmises and conjectures not based on evidence and material on record thereby leading to a misreading of evidence resulting in an error of law and decision occasioning failure of justice. On behalf of the plaintiff-opposite party, it is ge..Category: Property Law | Date: | Hits: 32
Bonlac Foods Ltd. Vs. Unilac Sanowara (BD) Ltd. & another, 2005, 34 CLC (HCD)
.... the goods marketed under the name "Diploma" and resulting in decreasing turnover and loss of goodwill and business reputation of the petitioner. Bonlac further claims that being unaware of the legal provisions relating to registration of trade marks, it failed to oppose the registration of trade ma......es of each of the contesting parties. However, the learned Advocate for opposite party No.1, at the time of making submissions, asserted that opposite party No. 1 is not in a position nor required by law to answer any issues arising which have not been pleaded in the petition. Nevertheless, I am s..Category: Intellectual Property Law | Date: | Hits: 199
Farida Begum and others Vs. Kapil Krishna Goldar & another, 2006, 35 CLC (HCD)
....servant, initiated the criminal proceeding in CR case No. 509 of 2000 against the accused petitioners under sections 467/468/471 of the Penal Code which we have found to he not maintainable under the provision of law. But such erroneous proceeding initiated against the accused petitioner No. 1, caus...... 7. The learned Assistant Attorney-General, Mr. AKM Nurul Alam, while opposing the Rule submitted that the accused petitioners preferred this Miscellaneous application on the ground that they have lawfully acquired the disputed property from its lawful owner and also obtained decree from the comp..Category: Criminal Law | Date: | Hits: 28
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