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Kohinoor Chemical Co. (BD) Limited Vs. Unilever Bangladesh Limited, 2010, 39 CLC (HCD)
....of Title Suit No.1 of 2009. 2. Both the appeal and Rule having arisen out of a common matter in issue, these have been heard together and are being disposed of by this judgment. 3. Material facts are that on 21-1-2009 plaintiff instituted Title suit No.1 of 2009 in the Court of District Ju......ent. FMA No. 328 of 2009 with Civil Rule No. 931(FM) of 2009. Judgment Syed Md. Ziaul Karim J.- This appeal, at the instance of defendant appellant calls in question the legality and propriety of the judgment and order dated 10-11-2009 passed by learned Additional District Judge......f manufacturing, distributing and nature of marketing in their respective product. All these facts clearly indicate that the matter in issue raised by the parties are absolutely the subject matter of evidence. The Court below failed to ascertain such facts of either party. When a particular dispute ..Category: Intellectual Property Law | Date: 11 Jul, 2010 | Hits: 269
Monir Hossain (Md.) and anothers Vs. Bangladesh and others, 2010, 39 CLC (AD)
....e High Court Division Challenging the decision of the writ respondent No.2, the Bangladesh Public Service Commission (PSC) cancelling the first viva-voce result of 27th BCS examination. 2. Short facts relevant for the disposal of these petitions are that the petitioners, in response to a Notifi......sion (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J SAN Mominur Rahman J ABM Khairul Haque J MM. Hossain J SK Sinha J Monir Hossain (Md.) and anothers........................Petitioners Vs. Bangladesh and others.......................No.2081 of 2008. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 41, VIII ADC (2011) 404, 8 LG (AD) (2011) 141, 16 MLR (AD) (2011) 245. ..Category: Employment/Service Law | Date: 11 Jul, 2010 | Hits: 104
....mud Hossain J.- Writ Petition Nos. 5863 of 2009, 754 of 2010 and 4275 of 2010 have been heard together and are being disposed of by this common judgment as they do involve common questions of law and facts.
2. In Writ Petition No. 5863 of 2009 a Rule Nisi was issued on the following terms:
Let......Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1......., Rule Nisi was issued on the following terms:
Let a Rule Nisi issue calling upon the respondents to show cause as to why the imposition of extra-judicial punishment in the name of Sharia/Fatwa as evidenced by a news item published in "The Daily Protham-Alo" dated 22.5.2010 under the caption (Ann..
Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335
....on for Leave to Appeal is directed against the judgment and order dated the 14th day of July, 2009 passed by the High Court Division in Writ Petition No.1190 of 2009 making the Rule absolute.
2. The facts involved in the case, in short, are that the writ-petitioners are challenging the collection o......ur Rahman J
Md. Muzammel Hossain J
Surendra Kumar Sinha J
The Chairman, National Board of Revenue (NBR), Shegunbagicha, Dhaka, Bangladesh............…Petitioner
Vs.
Advocate Zulhas Uddin Ahmed and others.............Respondents
Judgment
July 8, 2010.
Result:
The petition is dismissed.
L...... of the learned Assistant Attorney General appearing for the petitioners.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 457; 18 BLC (AD) (2013) 52.
..
Category: Health Law | Date: 8 Jul, 2010 | Hits: 376
Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)
....ry was alleged, is the son of the plaintiffs full brother i.e. nephew of the plaintiff. It appears from the plaint that the address of both the plaintiff and the defendant No.3 are same. So, the facts and circumstances of the case, reported in 15 BLD, is distinguishable from the facts and circu......Islam Siddiqui J Borhanuddin J Dhirendra Nath Mondal..................Appellant Vs. Agrani Bank Ltd and others.............Respondents Judgment Jun......3 of 2001 is hereby affirmed. However, there will be no order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 301. ..Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6
Md. Sahab Uddin Vs. State and another, 2010, 39 CLC (HCD)
....ow pending in the Court of learned Metropolitan Sessions Judge, Chittagong, should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The facts leading to filing of this application under section 561A of the Code briefly are that, the opp......2012) 467. ......ult, the rule is discharged. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at office. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 467. ..Category: Civil Law | Date: 30 May, 2010 | Hits: 43
Abul Hashem Vs. State, 2010, 39 CLC (HCD)
.... FIR, charge-sheet, charge, deposition of the witnesses, Memo of Appeal and the paper/documents as available in the paper book submits that conviction and sentence of the appellants is bad in law and facts and, as such, not sustainable in law. He further submits that the trial Court without applying......sp;18 BLC (HCD) (2013)16. ......n 114(g) The Code of Criminal Procedure, 1898; Section 161 When to take an Adverse Presumption- In a case where there is no eyewitness or there is hardly any circumstantial evidence it is essential that the persons who are the next door neighbours or lived near the place o..Category: Evidence Law | Date: 26 May, 2010 | Hits: 8
Commissioner of Customs and others Vs. M/S. Sunlit Fashion Limited, 2010, 39 CLC (AD)
....vilege of bonded warehouse and the respondent having failed to show cause in terms of letter dated 7.8.2001, notice dated 26.8.2001 was issued and in any view of the matter since disputed question of facts are involved, those can not be resolved by affidavits and accordingly the writ petition is not......) 54, VIII ADC (2011) 29. ...... order dated 2.11,2002 passed by the High Court Division is set aside. The appeal is allowed without any order as to cost. This Case is also Reported in: 16 MLR (AD) (2011) 54, VIII ADC (2011) 29. ..Category: Fiscal/Taxation Law | Date: 19 May, 2010 | Hits: 63
Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)
....t that can be executed. Learned Advocate submits that defendants neither in their written statement nor in their depositions specifically denied plaintiff's case as such it is to be taken as admitted facts and agreement in between defendant and plaintiff stand and defendant No.1 and 2 are bound to e...... (HCD) (2012) 532 . ...... cardinal principle of law that material facts must be stated by the parties either in offence or in defense. If a party omits to state a material fact in his pleading, he will not be allowed to lead evidence of that fact at the trial unless the pleading is lawfully amended. Even if, evidence is giv..Category: Property Law | Date: 12 May, 2010 | Hits: 133
Aftab Automobiles Ltd Vs. Superintendent Customs, Excise & VA, 2010, 39 CLC (HCD)
....of the petitioner (Annexure-C to the Writ Petition) as well as the direction given, by him to the petitioner to deposit Taka 20,64,049 through treasury challan as Government revenue. 2. Material facts necessary for the disposal of the Rule, in short/are as under: The petitioner, Aftab Automobil...... Jurisdiction of Concerned VAT officer In case a petitioner takes excess rebate of VAT, the concerned VAT officer under section 9 (2) of the VAT Act has lawful Jurisdiction to cancel the rebate and adjust it on the current account register of the petitioner by necessary order. ...................... 33. The order of stay granted earlier by the court stands vacated. Communicate the judgment to the respondents at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 138. ..Category: Fiscal/Taxation Law | Date: 10 May, 2010 | Hits: 6
Bangladesh Vs. Raj Rajashore Cakra Narayan Jiue Deity and others, 2010, 39 CLC (HCD)
....dant Government appellant against the judgment and decree dated 31.12.1985 passed by the learned Joint District Judge, Sirajgonj in Other Class Suit No.398 of 1981, dismissing the suit. 2. Short facts relevant for disposal of the appeal are that respondent No.1 as plaintiff instituted other cla......J Bangladesh, represented by the Deputy Commissioner, Sirajgonj……………………Appellant Vs. Raj Rajashore Cakra Narayan Jiue Deity and others………………………Respondents J......d two witnesses. The plaintiff's documents were marked as exhibits 1-13 and while those of defendants marked as exhibits- Ka and Kha. 8. The learned Joint District Judge considering the evidence, the exhibits and the documents found the title and possession of the plaintiff and decreed..Category: Evidence Law | Date: 10 May, 2010 | Hits: 161
....
Judgment
May 9, 2010.
Result:
The Rule is made absolute.
The Code of Civil Procedure, 1908 (V of 1908); Order I Rule 10(2)
Addition of party
In exceptional facts and
circumstance, if the presence of a stranger to the contract is necessary for
effective a......
Sheikh Abdul Awal J
M. Moazzam Husain J
Most. Johura Begum alias Mosammat
Johara Begum……………………………….Plaintiff-petitioner
Vs.
Alhaj Abdur Rob Bhuiyan and
others………………………………………..Defendant-opposite parties
Judgment
......ndant Nos.1-3 Md. Nurul Haque
Sheikh is added as defendant No.5 in the suit.
Let a copy of this Judgment be sent
down at once.
This Case is also Reported in: 17 MLR (HCD) (2012) 409. ..
Category: Procedural Law | Date: 9 May, 2010 | Hits: 4
Sarwar Hossain Moni Vs. State and another, 2010, 39 CLC (HCD)
....sions Judge, 4th Court, Dhaka should not be quashed. 2. Pending disposal of the Rule, all further proceedings of the said Metropolitan Sessions Case was also stayed by this Court. 3. Background facts necessary for disposal of the Rule in a nutshell is that the complainant opposite party No.2...... Division (Criminal Miscellaneous Jurisdiction) Present: Md. Fazlur Rahman J Syeda Afsar Jahan J Sarwar Hossain Moni……………………………Accused-Petitioner Vs. State and another…………………………Opposite Parties Judgment May 6, 2010. Result: ......he Appellate Division held that even non-disclosure of the cause of action cannot be a ground for quashing the proceeding to the great prejudice of the complainant who is entitle to prove his case on evidence. 18. In the instant case, the accused-petitioner admitted the loan and admittedly he iss..Category: Banking Law | Date: 6 May, 2010 | Hits: 573
Abdul Qadir and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....er Order IX Rule 13 of the Code of Civil Procedure and thereby restoring Title Suit No.241 of 1999 after setting aside the ex-parte decree dated 24.6.2008 should not be set-aside. 2. Relevant facts, in short, are that the present petitioners and opposite party Nos.72-78 as plaintiffs instit......d in: 15 MLR (HCD) (2010) 473. ...... of the case, we think this is a fit case to send back on remand to the learned Joint District fudge, Narayangonj for deciding the issue afresh after giving an opportunity to the parties to adduce evidence both oral and documentary inasmuch as we find nothing on record to justify the reasoning o..Category: Procedural Law | Date: 28 Apr, 2010 | Hits: 4
Amina Khatun and others Vs. State and others, 2010, 39 CLC (HCD)
....ori Das and also by defendant No.4, Narayangonj Pourashava, in his written statement supported the case of the plaintiffs as such the impugned judgment as passed, was passed without considering these facts. Learned Advocate on reference to the written statement of the Government submits that, this w......ted in: 18 BLC (HCD) (2013) 106. ......R(AD) 70 wherein it has been held that when the Government failed to prove the legal foundation for enlisting the suit property in the census report of the vested property and the plaintiffs led some evidence in support of their interest in the suit property the Appellate Court decreed the suit on c..Category: Property Law | Date: 26 Apr, 2010 | Hits: 9
Abu Borhan Khan Khokon Vs. The State & another, 2010, 39 CLC (HCD)
....te, 1st Class, Tangail on 29.11.2006 regarding an alleged occurrence of dishonor of cheques against the present petitioner under section 138 of the Negotiable Instruments Act, 1881. 3. The short facts of the complaint, are that, the present petitioner issued a chqeuqe of Taka 70650/- on 17.05.2......ties Judgment April 25, 2010. Result: The Rule is discharged. Case Referred to- Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan, 60 DLR (AD) 195, Ali Akkas Vs. Enayet Hossain and others, 17 BLD (AD) 44. Lawyers Involved: None appears - For the Petitioner. Niza...... time of trial, nondisclosure of such fact in the complaint petition cannot render the proceeding liable to be quashed to the great prejudice of the complainant who is entitled to prove his case on evidence." 21. In view of the decisions of our apex Court we are of the view that non disclosur..Category: Banking Law | Date: 25 Apr, 2010 | Hits: 177
Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....hin the purview of section 561A for the purpose of quashing a proceeding one of the following conditions must be fulfilled. (1) Interference even at an initial stage may be justified where the facts are so preposterous that even on admitted facts no case stands against the accused; (2) ......gh Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J Abu Bakar Siddiquee J Sheikh Hasina................Accused-Petitioner Vs. State and another..............Opposite-Parties Judgment April 22, 2010. Result: The ......face value and accepted in their entirety, do not constitute the offence alleged and 5) The allegations against the accused although constitute an offence alleged but there is either no legal evidence adduced in support of the case or the evidence adduced clearly or manifestly fails to prov..Category: Criminal Law | Date: 22 Apr, 2010 | Hits: 107
Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)
....ection 197 of the Code is not applicable. 16. We may refer to the distinguishing feature of the case of F. M. Mohiuddin Rashiduzzaman Vs. Bahauddin Ahmed and another, 28 DLR (AD) 181 wherein the facts of the case are that a big procession in violation of an order under Section 144 Cr.P.C. was b...... GA. Monterio 1957AIR (SC) 13 (1889) ILR 26 Cal 158 (DB) AIR 1973 SC 33; P.P. Unnikrishnan Vs. Puthyottil Ahkulty AIR 2000 SC 2952; S. Kuppuswami Rao Vs. The King, AIR 1949 FC1; Swesh Kumar Bhikamchand Jain Vs. Pandey Ajay Bhushan, AIR 1998 SC 1524; P.K Pradhan Vs. State, AIR 2001 SC 2547; Abdul A......r arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 219. ..Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119
Md. Amzad Hossain Sarder alias Bhojey and others Vs. State, 2010, 39 CLC (HCD)
....charge under Section114 of the Penal Code against the petitioner No.1 should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts relevant for the disposal of this rule, in short, is that one Kazi Md. Ataur Rahman (Boro Babu......LR (HCD) (2012) 416. ......Opposite party Judgment April 12, 2010. Result: The rule is discharged. Status of post mortem report when there is eye witness The post mortem report is not a conclusive evidence. It is mere piece of evidence as per the provision of the Evidence Act. It is one of the ev..Category: Evidence Law | Date: 12 Apr, 2010 | Hits: 8
Md. Osman Gani alias Faruq Mia Vs. Deputy Commissioner and others, 2010, 39 CLC (HCD)
....ated 27-11-2006 passed by learned Assistant Judge, third Court, Dhaka rejecting Misc. Case No.26 of 2005 under Order IX Rule 13 of the Code of Civil Procedure (briefly as the Code). 2. Materials facts are that plaintiff instituted Title Suit No.15 of 2002 in the third Court of Assistant Judge...... Supreme Court High Court Division (Civil) Present: Syed Md. Ziaul Karim J Md. Osman Gani alias Faruq Mia……………………Petitioner Vs. Deputy Commissioner and others……………………….Opposite parties Judgment April 6, 2010. Result......ugh Government pleader and(c) Government should be given chance to contest in suit. Hence the Rule. 3. The learned Advocate appearing for the petitioner submits that defendants failed to show by evidence that summons were not served upon them. In support of his contentions he refers the case ..Category: Procedural Law | Date: 6 Apr, 2010 | Hits: 111
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