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Nirode Baran Barua Vs. Mrinal Kanti Das and others, 2006, 35 CLC (HCD)

....e is discharged. The order of stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 456. ......f such cognisance, the complainant should be examined on oath. He further submits that the complainant may not be examined before sending the case for judicial inquiry, but at the time of cognisance, according to him, the complainant should be examined, and since the complainant was not examined, th......Mahbub Hossain with Afroza Nazneen, Advocates—For the Opposite Parties. Miscellaneous Case No. 5183 of 2004. Judgment Sharifuddin Chaklader J.- This Rule involved a question as to whether a Magistrate can take cognisance of an offence on final report without examining the comp......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)

....o. 60220 is hereby declared 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) 451.......t the object of including the name of a person in the CIB list is to give notice to other banks and financial institutions about that persons' credit standing and non repayment of loan liability, and according to him, if a guarantor also fails to repay the loan taken by a borrower he ought to be tre...... No. 1. Abdullah Al Mamun, Advocate—For Respondent Nos. 3& 4. Writ Petition No. 3931 of 2001. Judgment Tariq-ul-Hakim J.- This Rule Nisi has been issued calling upon the respondents to show cause as to why the impugned CIB Report being No. 3(45) 2001-3292 dated 17-4-2001 issued by ......-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

Masudur Rahman Vs. Secretary, Ministry of Law, Justice & parliamentary Affairs & ors., 2003, 32 CLC (HCD)

....ders of stay is recalled and vacated. Send a copy of this judgment to the respondent No. 3 for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 448. ......ders of stay is recalled and vacated. Send a copy of this judgment to the respondent No. 3 for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 448. ..............................................................Petitioner Vs. Secretary, Ministry of Law, Justice & parliamentary Affairs & ors.....Respondents Judgment October 27,2003. Lawyers involved: Moinuddin with Mosharraf Hossain Sarder, Nizamul Isla......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)

....Attorney-General further submits that the case may be sent back to the trial Court to arrange fresh trial under provision of Special Powers Act if the Court thinks it proper and necessary for ends of justice but in no way the accused should be acquitted due to above irregularity as agitated and ra...... for the convict-appellant-petitioner takes legal objection that trial Court wrongly charged under section 19(1)3 ka, Narcotics Control Act 1990) against accused petitioner and another Lokman whereas according to prosecution, 25 bottles of Phensidyl were recovered from each of 2 accused. He submits ......8; 51 DLR 83; Ashraf Miah vs. Bangladesh 27 DLR (AD) 106; A Hafiz Sarder vs State 28 DLR 253 . Lawyers involved: Md. Khurshid Alam Khan, Advocate—For the Petitioner. Ireen Mahbub, Deputy Attorney-General—For the State-Respondent. Criminal Revision No. 1104 of 2004. Judgment Md......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)

....ion will remain in force. Criminal Prosecution involves many participants in a complicated sequence of steps, such as the judges, the lawyers, witness of public, etc. which involves many factors. So, justice must not be stopped to the deprivation of anyone and its flow be allowed to continue. So, th......ase beyond reasonable doubt that the offence of blasting cocktail has been committed by the convict-appellants and thereafter the tribunal Judge correctly convicted them and passed the sentence accordingly. 19. The learned Deputy Attorney-General, when confronted with the question as to the......��………………………………….Respondent Judgment March 28, 2007. Lawyers involved: Subrata Chowdhury Advocate—For the Convict-Appellants. Humayan Kabir Bulbul, Deputy Attorney-General For the State-Respondent. Criminal Appeal No. 2053 of 2005. Judgment Md. Abu......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)

.... 7-8-2004 is directed to be returned to the learned Advocate for the petitioner. Send down the Records of the Registrar at once. Ed. This Case is also Reported in: 59 DLR (2007) 424. ...... the Court rectifying the register shall direct that notice of the rectification shall be served upon the Registrar in the prescribed manner who shall upon receipt of such notice rectify the register accordingly." So far as section 46(1) and 46(2) are concerned, the requirement is that an app......or the petitioner. Send down the Records of the Registrar at once. Ed. This Case is also Reported in: 59 DLR (2007) 424. ...... 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. ......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. ......��………….Petitioner Vs. Mojibur Rahman and others……………………………Opposite Parties Judgment June 19, 2006. Result: The Rule is discharged without any order as to the costs. The concurrent findings of fact should not be disturbed unless it is manifestly pe......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)

....ormed of any such result or finding or any show cause notice was given to them to explain their position and hence the impugned orders have been passed in gross violation of the principles of natural justice. 10. The learned Advocate next submits that under Rule 6(2)(a) of the Rules the appoi......iction we are not inclined to go into their merits. Accordingly, these Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 410. ......n of India AIR 1997 SC 1125. Lawyers involved: Amirul Islam with Dr. S Shirin Chowdhury Advocates —For the Petitioners (In all the Writ Petitions). Adilur Rahman Khan, Deputy Attorney-General with Karuna Moy Chakma, Deputy Attorney-General—For Respondent No. 1 (In all the Wr......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)

.... contained in Annexure-C is declared illegal and 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) 407. ......1 and 2. Writ Petition No. 2028 of 2001. Judgment Tariq-ul-Hakim J.- This Rule Nisi has been issued calling upon the respondents to show cause as to why the order of sanction dated 15-9-1998 according permission by the respondent No. 3 for prosecuting the petitioner in Metro Special Case No...... Tariq-ul-Hakim J Afzal Hossain Ahmed J Barrister Md. Rafiqul Islam Mia………………….. Petitioner Vs. Government of Bangladesh and others……..Respondents Judgment October 18, 2006. Cases Referred To- Syed Mustafizur Rahman vs. State 53 DLR 125; Abdul Hakim v......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)

.... In the result, the Rule is discharged without any order as to the cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 403. ...... In the result, the Rule is discharged without any order as to the cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 403. ....... Bangladesh 52 DLR 503 and Mustafizur Rahman vs. DG, Anti-Corruption 2 BLC 605. Lawyers involved: AKM Faiz with HS Deb Brahman, Advocates—For the Petitioner. Zaman Akhter Bulbul, Deputy Attorney-General with AKM Salahuddin Khan and Rubaiyat Hossain, Assistant Attorneys-General—For the ......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. ...... any explanation as to what has happened to the original deed, therefore, it supports the positive assertion of the plaintiff that Nazimuddin was insane at a time when it was allegedly executed and accordingly the same was declared as a forged one. The amendment was allowed without any objection. ......uted the above Title Suit No.207 of 1981, which was subsequently renumbered as Title Suit No.391 of 1984, praying for a decree for partition in respect of the suit land described at the schedule 'Ka' to the plaint stating, inter-alia, that Nazimuddin Sarder was the owner to the extent of 11 annas 6 ......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)

.... sentence dated 22-3-2005 is upheld and confirmed. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 396. ......is mother Sharifa Khatun went out to searchRana. When they reached at the crossing of three roads by the north-east side of house of accused Shahjahan, Sharifa Khatun told Al-Amin to go back home and accordingly, PW 7 Al-Amin went back tohis house leaving his mother Sharifa Khatun with accused Shahj......R 320; Golam Rasul vs. Emperor, 107 IC 1928 774; AIR 1984 (SC) 759. Lawyers involved: Md Khurshid Alam Khan, Advocate—For the Convict-Appellant. Moklesur Rahman Zahid, Deputy Attorney-General—For the State-Respondent. Criminal Appeal No. 1715 of 2005. Judgment ......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)

....s 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. 10. Mr. ASM Rahmatullah, the learned Advocate for opposite party Nos. 1, 2, 4, 9-11,......h in the notes below. It was introduced by the Muslim lawyers of India as a device for effecting a gift of mushaa in property capable of division." Unless a Heba-bil-Iwaz is made and completed according to section 168 of the Mohammadan Law, it is not valid in law. 16. On critical analy...... 1997 reversing those dated 13-10-1997 passed by the learned Senior Assistant Judge, First Court, Naogaon Sadar, in Other Class Suit No. 80 of 1996, dismissing the suit. 2. Short facts leading to this Rule are that on 13-7-1996, Soleman Bewa, predecessor of apposite parties as plaintiff insti......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)

....y each of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs and the Ministry of Communication. Ed. This Case is also Reported in: 59 DLR (2007) 388. ......iums of his lease since 1994. So, it is clear that the petitioner was an illegal occupier of the land belonging to the Government. The petitioner violated the terms and conditions of the contract and accordingly, the authority cancelled his lease agreement. 6. Mr. Mohammad Ozair Farooq, learn...... Lawyers involved: Md. Ozair Farooq with MNA Afgani and Sk. Md. Morshed, Advocates—For the Petitioner. SM Monir, Advocate—For Respondent No. 7. Zaman Akhter Bulbul, Deputy Attorney-General— For Respondent No. 6. Writ Petition No. 3681 of 2003. Judgment ...... 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)

....Lakshmipur by declaring in the official Gazette that LA Case No. 34 of 1993-1994, so far as it relates to the petitioner's land, is abated. Ed. This Case is also Reported in: 59 DLR (2007) 383. ......; (1) On making an award under section 7, the Deputy Commissioner shall, before taking possession of the property, tender payment of the compensation awarded by him to the persons entitled thereto according to the award, and shall, unless prevented by some one or more of the contingencies mention......vs. Subash Chandra Das 46 DLR (AD) 63; Subash Chandra Das vs. Bangladesh 50 DLR (AD) 106. Lawyers involved: Mihir Kanti Majumder, Advocate—For the Petitioners. Adilur Rahman Khan, Deputy Attorney-General— For Respondent No.1. Writ Petition No. 1745 of 1996. Judgment Tariq-ul-Ha......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)

....discharged. The stay order passed at the time of issuance of these Rules is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 379. ......18. Mr. Chowdhury Sanawar Ali, learned Advocate appearing on behalf of the petitioner, refers to the Film Development Corporation Act, 1957 (hereinafter referred to as the Act, 1957) and submits that according to sub-section (2) of section 6 of the Act, 1957 the FDC is a Commercial Organisation. Sub......………………Respondents [In all the Writ Petitions] Judgment February 26, 2007. Cases Referred To- Film Development Corporation vs. Chairman, Labour Court, 49 DLR 396; Managing Director, Sonali Bank vs. Md. Jahangir Kabir Molla, 48 DLR 395. Lawyers involved: Md. Saidur Rahman...... 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.......s his close friend and he came to his residence on 3-7-2001 at about 6/6-30 PM. After his arrival, he disclosed that he was in need of taking rest and came to his residence to sleep for some time and accordingly, he went to the guest room for taking rest. Some time after, he went to the room of his ......rda vs. State of Maharashtra, AIR 1984 Supreme Court, (CrILJ) 1622; AIR 1964 Madhya Pradesh 30; State vs. Shahidul Islam @ Shahid, 58 DLR 545; Zahed Ali Forman (Driver) vs. State, 9. BLC (AD) 122; Rustom vs. State, 11 BLC 467; Mrs. Jobaida Rashid vs. State, 1997 BLD 352 = 49 DLR 379; Sanwar Hossain ......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)

....ree 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 generally submitted that the evidence addu....... 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. ......ment August 17, 2005. Cases Referred To- Dewan Mohammad Safare Ali vs. Bangladesh 43 DLR 221; Gangamoyi Debi vs. Troiluckhya Nath Chowdhury 33 IA 60 at 65; Abani Mohan Saha vs. Assistant Custodian (SDO) Vested Property, Chandpur 39 DLR (AD) 223; Kiron Chandra Das vs. Sirajul Hoque Patwari ...... 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)

....ty for costs may be returned to the learned Advocate appearing on behalf of the petitioner. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 332. ......ioner filed an affidavit in reply. Both parties in addition filed supplementary affidavits. Thus, it appeared to this Court that the trademark of Sanowara was registered earlier to that of Bonlac and accordingly, the order of stay was vacated. Upon a subsequent application, this Court ordered that p...... on behalf of the petitioner. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 332. ......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)

....e No. 509 of 2000 pending before the Magistrate, 1st Class, Madaripur, is hereby quashed. Let a copy of the Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 328.......e No. 509 of 2000 pending before the Magistrate, 1st Class, Madaripur, is hereby quashed. Let a copy of the Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 328....... Kapil Krishna Goldar & anr ……..Complainant-Opposite-Parties Judgment July 26, 2006. Lawyers involved: Not represented—the Accused-Petitioners. AKM Nurul Alam, Assistant Attorney-General—For the State-Opposite Party. Miscellaneous Case No. 801 of 2001. Judgment ...... 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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