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Golam Moula and others Vs. Gourpada Das and others, 1997, 26 CLC (AD)
....onclusion the learned Judge took the view that the certified copy of the registered patta was inadmissible in the absence of any explanation for non-production of the original and that there was a total absence of any rent receipts from the side of the plaintiff. The learned Additional District ......d that the suit was barred by limitation and adverse possession. In coming to its conclusion the learned Judge took the view that the certified copy of the registered patta was inadmissible in the absence of any explanation for non-production of the original and that there was a total absence of......ts. We find no reason to interfere judgment of the High Court Division. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 95. ..Category: Property Law | Date: | Hits: 49
Universal Pharmaceutical Ltd. and another Vs. Social Marketing Company, 1997, 26 CLC (AD)
....ts copyright. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 92. ......ts copyright. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 92. ...... without considering that two contradictory orders will lead to anomalies. 5. The learned Judge of the High Court Division found that the plaintiff-respondent has rightly invoked the jurisdiction of the learned District Judge under section 73 of the Trade Marks Act, 1940 which is a..Category: Intellectual Property Law | Date: | Hits: 242
Shahajadpur Central Co-operative Bank Ltd. Vs. Majibur Rahman and others, 1997, 26 CLC (AD)
....laintiff’s application for amendment of the plaint is allowed. The trial Court shall proceed with the suit in accordance with law. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 86. ......e revision itself was incompetent. 7. Leave was granted to consider, first, as to whether in view of the provision of Order VI rule 17, CPC the learned Judge was justified in holding that in the absence of an initial prayer in the plaint for recovery of possession the subsequent prayer would en......h Court Division, because the order of return of the plaint has presumably been passed under Order VII rule 10 CPC being appealable under Order XLIII rule 1(a). 12. The trial Court acted without jurisdiction in ordering return of the plaint and therefore the revisional jurisdiction was rightly ..Category: Property Law | Date: | Hits: 83
Moulvi Md Khurshid Alam Vs. Bangladesh, 1997, 26 CLC (AD)
....vernment’s powers under section 4 of the Act is concerned. This petition, thus, merits little consideration. It is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 82. ......vernment’s powers under section 4 of the Act is concerned. This petition, thus, merits little consideration. It is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 82. ......gistration) Act, 1974 (LII of 1974), Section 4 The Muslim Marriage and Divorces (Registration) Rules, 1975, Rule 10 (2) Appointment of a new Nikah registrar on curtailment of one union from the jurisdiction of the petitioner does not amount to revocation of his licence for that union but is ma..Category: Employment/Service Law | Date: | Hits: 137
Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)
....gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 73. ......he Bohmong Circle is regulated by the customs and usages of the tribe. Fitness as well as seniority are to be considered as a custom in recognising a person as the Chief of the Bohmong Circle. In the absence of any provision in the Chittagong Hill Tracts Regulation, 1990 or in the Rules made thereun...... 28. Mr. KS Nabi, learned Attorney-General, besides adopting Dr. Kamal submission, submits that the question of selection of Bohmong Chief, being an executive decision, is not amenable to the writ jurisdiction and therefore the writ petition’s was not maintainable. 29. This point was not ar..Category: Civil Law | Date: | Hits: 203
Gazi Shamsul Hoque Vs. Deputy Commissioner, Dhaka and another, 1997, 26 CLC (AD)
....ight of respondent No. 2 we are not inclined to interfere in the matter. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 69. ......ance. The Deputy Commissioner is the authority under the Statute to appoint Chairman of the Managing Committee. It appears that after the dismissal of the suit filed by the writ petitioner and in the absence of any stay order by the appellate Court there was no legal bar in reinstating respondent No......ight of respondent No. 2 we are not inclined to interfere in the matter. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 69. ..Category: Employment/Service Law | Date: | Hits: 115
Bangladesh Vs. AM Mansur Ahmed & others, 1997, 26 CLC (AD)
.... without any order as to costs and the orders of the Administrative Tribunal and the Administrative Appellate Tribunal be set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 65. ...... amount of money towards contingency expenditures for purchasing fuel and maintenance of the vehicles. The seventh account on which respondent No. 1 had been found guilty is his willful and obstinate absence in the inquiry proceeding in spite of notice and information otherwise. The eighth charge es...... without any order as to costs and the orders of the Administrative Tribunal and the Administrative Appellate Tribunal be set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 65. ..Category: Administrative Law | Date: | Hits: 145
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....erself in the interest and for the welfare of the children and he again left for London to run his business there in February 1995. He was reported, however, that she had not all changed and that she totally gave up looking after the children; rather she started showing hatred towards them including......n. Over the next 19 months respondent No.1 returned to England on several occasions spending only a few months with her and the children. He rented a house for the family where they stayed during his absence. She pleaded for returning to their home in England with the children but she was only subje...... in the High Court of Justice (Family Division). The said court passed an order on 12-7-1995 directing that the children be made wards of the court and that they be returned by respondent No.1 to the jurisdiction of the said Court. By a further order dated 14-7-1995 the said court directed that resp..Category: Family Law | Date: | Hits: 250
Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)
....e do not find any contradiction in the said two paragraphs. In paragraph 4 it is stated that defendant Nos. 1-2 returned to Bangladesh in 1972 and they accepted Taka 1500.00 from the plaintiff and in total they received 9,500.00 out of total consideration of Taka 10,000.00 keeping balance Taka 500.0......id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ......The material evidence not being properly considered by the lower Appellate court as final court of fact, resulting in an erroneous decision, in that context the learned single Judge in his revisional jurisdiction rightly held that the lower Appellate Court on surmise and conjectures disbelieved the ..Category: Property Law | Date: | Hits: 86
Utpal Kanti Das Vs. Monju Rani Das, 1997, 26 CLC (AD)
....t completed. 9. As already noticed the plaintiff specifically claimed that her marriage with the defendant was performed in accordance with the Hindu Shastra and the defendant denied the marriage totally. He did not take any plea that any essential ceremonies attending celebration of marriage we......arrived at the correct conclusion that there was in fact a marriage between the plaintiff and the defendant. As marriage in fact has been proved in this case, marriage in law must be presumed. In the absence of any evidence to the contrary it is, therefore, amply proved that the plaintiff and the de......ance of any of the essential ceremonies, such as Saptapadi. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 47. ..Category: Family Law | Date: | Hits: 212
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
....reasons why it was not consulted.” If the words “the President shall consult” occurring in clause (2) of Article 140 were meant to be be “mandatory”, then the consequence should have been a total failure of an action taken after non-consultation, not a mere “call-attention memorandum for......ACR and 40 marks for interview) without publication in the official Gazette cannot be treated as guideline and it was not an executive action in terms of Article 55 (4) of the Constitution and in the absence of any guideline (for promotion) the authorities are vested with arbitrary powers, offending...... was not conferred upon the Administrative Tribunal under Article 117 of the Constitution. The writ petitioners’ relief could not have been obtained from the Tribunal. They have rightly invoked the jurisdiction of the High Court Division under Article 102 (1) of the Constitution. The writ petition..Category: Constitutional Law | Date: | Hits: 185
Islam Steel Mills Ltd. Vs. Nirman International Ltd. and others, 1998, 27 CLC (AD)
.... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ...... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ......sing the business. Rather we find that the plaintiff made a sweeping statement without any concrete allegations and material regarding the alleged attempt to dispose of or to remove the same from the jurisdiction of the Court and to close the business by the appellant.” Finally it was held that th..Category: Procedural Law | Date: | Hits: 134
Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)
....ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ......nate” except that the amount was a big amount. Complainant was required to produce material evidence so that on the basis thereof a conclusion could have been reached towards either way. In the absence of such evidence the finding of the Tribunal must be held to be based on mere surmises a......ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ..Category: Others | Date: | Hits: 105
Moslemuddin (Md) and others Vs. Md. Jonab Ali and another, 1997, 26 CLC (AD)
....ng with the judgment of the appellate Court, which we uphold. This appeal is, accordingly, dismissed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 13; 17 BLD (AD) 328. ......ng with the judgment of the appellate Court, which we uphold. This appeal is, accordingly, dismissed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 13; 17 BLD (AD) 328. ......estored those of the trial Court. Hence this appeal by the plaintiffs. 5. It is contended on behalf of the appellants that the learned Single Judge of the High Court Division has acted beyond his jurisdiction under section 115(1) of the Code of Civil Procedure in interfering with the factual dec..Category: Property Law | Date: | Hits: 88
Al-Haj Abul Basher Vs. Bangladesh and others, 1997, 49 CLC (AD)
....for a long time. By Annexure “G” dated 24-9-90, respondent No. 1 refused to release the land of the petitioners. Hence, the writ petition was filed. In Land Acquisition Case No. 138 of 1962-63 in total 100.13 acres of land including the land of the petitioners was requisitioned for the purpose o......same cannot be said to be arbitrary, unfair and illegal. For the reasons stated above, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 11, 1997 BLD (AD) 321. ......same cannot be said to be arbitrary, unfair and illegal. For the reasons stated above, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 11, 1997 BLD (AD) 321. ..Category: Property Law | Date: | Hits: 81
Azizur Rahman alias Md. Azizur Rahman Vs. Bangladesh, 1997, 26 CLC (AD)
.... the Chief Justice may declare to be holidays.” 6. The concerned order of the learned Chief Justice dated 5-12-96 constituting only a Single Bench for the vacation (which is only for 18 days in total) is as follows: “বাংলাদেশ সুপ্রীম কোর্ট হ......beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ......ssed. Rules of the High Court Division, Chapters II & III of Part 1 (Volume 1) A single judge of the High Court Division acting as a vacation Judge during vacation is invested with all the jurisdiction that the High Court Division exercises provided there is urgency in the matter. Pecunia..Category: Procedural Law | Date: | Hits: 138
Abdus Samad Akand and others Vs. Abdul Halim Miji and others, 1997, 26 CLC (AD)
....g to them Abbas Miji was survived by two sons, one Abdul Hamid and the other Abdul Khaleque, besides six daughters. Each son got 0.41-1/2 acres of land and each daughter got 0.20-3/4 acres out of the total land of the suit. There was no partition amongst the co-sharers. Moreover, Abdul Khaleque Miji......fere with the impugned judgment of the High Court Division. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 6. ......fere with the impugned judgment of the High Court Division. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 6. ..Category: Property Law | Date: | Hits: 83
Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)
....as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ......er of dismissal was in the eye of law an order of the Parishad itself. It was also argued that the Rules of l985 was adopted by the Academy as a working arrangement for the sake of convenience in the absence of any service rules of the Academy for its employees; the Rules of 1985 had no statutory fo......y filing the aforesaid writ petition. 3. Several points were raised assailing the dismissal order including that the said dismissal order passed by the Director General of the Academy was without jurisdiction because the respondent was appointed by the Parishad of the Academy and it was alone co..Category: Employment/Service Law | Date: | Hits: 145
Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)
.... the plaintiff filed the suit with the malafide intention and vexatious pleas to harass the defendant; the suit is also bad for misjoinder and non-joinder of parties. Further case of the defendant is total denial of alleged supply made by the plaintiff of any spare parts or provisions and laundry se......f the aforesaid goods and services. There is no legal bar on the part of defendant Nos.2 to 4 to give orders for the supply of goods and services for the use of the vessel, its officers and crews. So absence of any order from defendant No.6 for supply of the aforesaid goods and services to the ship ......ng such a view.” “That there being no legal bar for the plaintiff to release his claim for supply of spare parts, provisions and laundry services from the defendants in the admiralty jurisdiction the High Court Division was wrong in dismissing the suit.” “That the H..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)
....rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ......rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ......pen the same matter afresh after losing upto the Appellate Division. When plaint cannot be rejected under Order VII, rule 11 of the Code the same can be rejected taking recourse to Court’s inherent jurisdiction under section 151 of the Code…………………………(12) Lawyers Involved: ..Category: Property Law | Date: | Hits: 101
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