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Md. Azizur Rahman Vs. Mosammat Nazmun Nahar, 2005, 34 CLC (HCD)
....r-Rashid, Advocate - For the opposite party. Civil Revision No.4459 of 2002. Judgment Md. Abdul Aziz J.- The opposite party was directed to show cause as to why the judgment and decree dated 29.7.02 and 31.7.2002 respectively passed by the learned Joint District. Judge, 2nd Court, Joy......t aside. The order of stay passed earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 246. ......, Panchbibi in Family Suit No.36/1998 shall not be set aside. 2. Facts leading to this Rule, in short, is that the plaintiff-opposite party filed the Family Suit against the defendant-petitioner for dower and maintenance stating, inter alia, that they sworn an affidavit of marriage on 25.1.98 b..Category: Evidence Law | Date: 26 Jul, 2005 | Hits: 169
....wful authority and is of no legal effect and the subsequent Rule in Writ Petition No.4585 of 1997 was issued in the manner that why the impugned Memo being No.11(16) Customs Administration‑3/91/775 dated 3‑12‑96 containing charge-sheet as contained in Annexure-K should not be declared to have ......r being the trained member of Ansar and VDP and having requisite qualification applied for the post of Assistant Adjutant of Ansars/Thana Village Defence Officer pursuant to publication of employment notice in the month of September, 1987. The petitioner along with other candidate was appointed to t......the Administrative Tribunal exclusively. In a number of decisions our apex court decided this issue which is no longer res integra.
within its jurisdiction, the Tribunal can strike down an order for violation of principle of natural justice as well as for infringement of fundamental rights, gua..
Category: Administrative Law, Employment/Service Law | Date: 24 Jul, 2005 | Hits: 8
Masud Rana Vs. National Board of Revenue & others, 2005, 34 CLC (HCD)
.... provision of Section 196D, 196F and 196G runs as follows: "196D. Appeal to the High Court Division:- The commissioner of Customs or the other party may, within ninety days of the date upon which he is served with notice of an order under Section 196B, by an application, pre......nd 196G runs as follows: "196D. Appeal to the High Court Division:- The commissioner of Customs or the other party may, within ninety days of the date upon which he is served with notice of an order under Section 196B, by an application, prefer an appeal to the High Court Di......za Hossain Haider J.-These two appeals preferred against the order of Customs Appellate Tribunal by the importers under the Provision of Section 196D of the Customs Act, 1969, have been placed before this Court for the purpose of admission. 2. Mr. Syed Ahmed appearing on behalf of the appe..Category: Family Law, Women and Children | Date: 24 Jul, 2005 | Hits: 109
Shafiuddin Vs. Samir Bhuiyan and others, 2005, 34 CLC (HCD)
.... Judgment Md. Abdur Rashid J.- One Shafiuddin who was elected chairman obtained the Rule upon making an application under section 115 of the Code of Civil Procedure against judgment and order dated 13‑3-05 passed by the learned District Judge, Narsingdi in Election Tribunal Appeal No.1 of ......a defaulter and, the balance of outstanding debt on account of CC (pledge) loan stood at Taka 1,00,22,180.16 and CC (hypothecation) loan at Taka 77,67,626.16. 5. On 5‑6‑03 he also sent legal notice to the Deputy Commissioner and Additional Deputy Commissioner, Narsingdi, returning officer d...... in Election Tribunal Appeal No.1 of 2004, which set aside those dated 18‑7‑04 of First Court of Joint District Judge at Narsingdi in Election Tribunal Case No.1 of 2003 and declared the election for the office of Chairman of the Madabdi Pourashava held on 12‑6‑03 illegal and void. 2. O..Category: Civil Law, Election Law | Date: 13 Jul, 2005 | Hits: 7
Ashraful Alam (Md.) Vs. State, 2005, 34 CLC (HCD)
....ment Siddiqur Rahman Miah J.- This criminal revisional application under section 439 of the Code of Criminal Procedure at the instance of Md. Ashraful Alam is directed against judgment and order dated 5‑8‑1999 passed by the learned Additional Sessions Judge, Nawabganj, in Criminal Appeal No......petitioner Md. Ashraful Alain, ho is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 718. ......, First Class, Nawabganj in CR case No.39 of 1993 convicting the petitioner under section 6(5)(b) of the Muslim Family Laws Ordinance, 1961 and sentencing him thereunder to suffer simple imprisonment for 5(five) months. 2. The short facts relevant for the disposal of this revision are that the ..Category: Family Law | Date: 4 Jul, 2005 | Hits: 2
Pushpa Rani Saha Podder Vs. Rash Mohan Saha, 2005, 34 CLC (AD)
....rd- For the Appellant. Md. Aftab Hossain, Advocate-on-Record - For Respondent Nos. 1-2. Not represented- Respondent Nos. 3-9. Civil Appeal No. 30 of 2000. (From the judgment and order dated 15.11.1994 passed by the High Court Division in Civil Revision No. 1244 of 1987). Judgment......court and the High Court DiviÂsion have acted illegally in declaring the plaintiffs' title to the suit property and the submission that both the court of appeal and the High Court Division failed to notice that there was no case of adverse possession or any evidence to show any overt act on the par......Kumudini Saha who in her turn, bequeathed it to defendant No. 1 on the basis of a will executed by her. DefenÂdant No. 1 obtained probate of the will in 1979. In 1984 the plaintiffs brought the suit for declaration of their title to the said propÂerty and confirmation of possession therein. An alt..Category: Property Law | Date: 4 Jul, 2005 | Hits: 127
Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)
.... the Opposite Party Nos.1-5. Civil Revision No.5 of 2005. Judgment Md. Abdul Aziz J.-Opposite party Nos.1-5 were called upon to show cause as to why the impugned judgment and order dated 14.7.04 passed by the learned Additional DisÂtrict Judge, 2nd Court, Rajshahi in MiscellaÂn......is further stated that there was no necessity of such huge employees and no demand from the concerned departments for such appointments even in some cases there was no post and there was no public notice and advertisement for such appointments. It has been further stated that the Teachers Associ......aking evidence on trial and not in the interlocutory matter.………………………..(18) Humanitarian consideration and emotional thoughts cannot substitute legal consideration and ground for passing a judgÂment and order by the court at the cost of the people of the country………â€..Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7
Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)
....on No. 4785 of 2000 with Civil Revision No. 1058 of 2001. Judgment Bijan Kumar Das J.- By these Rules the opposite party was called upon to show cause as to why the impugned judgment and decree dated 12-6-2000 passed by the District Judge, Dhaka in Family Appeal No. 22 of 1993 reversing these ......ision, we are permitted to presume a valid marriage in law from the finding of fact of the appellate Court that a marriage, in fact, took place between the plaintiff and the defendant. I have already noticed that the defendant did not deny or challenge the factum of marriage between the plaintiff an......ing disposed of this common judgment. 3. The opposite party as plaintiff instituted Family Suit No. 11 of 1987 in the 4th Court of the Assistant Judge, Dhaka against the present petitioner praying for a decree for restitution of conjugal rights and for realization of maintenance cost alleging, in..Category: Family Law | Date: 25 Jun, 2005 | Hits: 237
Md. Joinul Abedin Vs. Government of Peoples' Republic of Bangladesh, 2005, 34 CLC (HCD)
....2002. Judgment Md. Muzammel Hossain J.-This Rule was issued at the instance of the petitioner calling upon the respondents to show cause as to why the impugned order vide Memo. No.48/2002/C dated 15.01.2002 passed by the Respondent No.3 and the letter issued by the Respondent No.6 cancelli......LR 300 the petitioner who is a Customs House Clearing Agent had his license cancelled under the Rule 19(v) of the Customs House Agents Licensing Rules without having an opportunity of being heard. No notice was served upon the petitioner asking him to show cause why his license should not be revoked......pondent No.6, the Superintendent and Member-Secretary of Doho Shuho Dakhil Madrasha, on behalf of the managing committee put up an advertisement in the Daily Uttara on 6.12.2001 inviting applications for the post of Assistant Superintendent of the said Madrasha. In response to the said advertisement..Category: Civil Law | Date: 22 Jun, 2005 | Hits: 3
Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)
....r the Opposite Parties. Civil Revision No. 5699 of 2001 Judgment MM Rahman Bhuiyan J.- This hearing occasions consideration of the Rule issued directing against the judgment and decree dated 12‑6‑2001 and 26‑6‑2001 passed by the learned Subordinate Judge cum Artha Rin Adalat, ...... in the last part of 1995 that the settlement in favour of their vendor Mofizuddin had been cancelled in Miscellaneous Case No.7(XIII) 1991‑92 on 22‑2‑1992 at their back without giving them any notice; that the plaintiff petitioners have been in right, title and possession of the case land by ...... 12‑6‑2000 and 21‑6-2000 respectively passed by the learned Senior Assistant Judge, Sadar Court, Tangail, in Other Class Suit No.114 of 1996 dismissing the suit. 2. The facts involved for disposal of the Rule are as follows: The case of the plaintiff-petitioners as per averment ..Category: Property Law | Date: 19 Jun, 2005 | Hits: 3
Jamuna Television Limited and another Vs. angladesh and others, 2005, 34 CLC (HCD)
..... Abdur Rashid J.- This Rule Nisi was issued upon an application made under Article 102 read with Article 44 (1) of the Constitution calling upon the respondents to show cause as to why impugned Memo dated 22‑3‑04, 8‑4‑04 and 24‑3‑04 [Annexure-A, A(1), and A(2)] respectively issued by an......ained in the licence did empower the Commission to cancel such licence at its sweet wish or whims and exempt the Commission from following the procedure laid down in section 46 of the Act and without notice or hearing. A licence granted by the Commission under the Act could only be cancelled or......ndent Nos.1 and 2; and respondent Nos.3 and 4 should not be declared to have been made without any lawful authority and were of no legal effect and why they should not be directed to fix licence fees for terrestrial station/ transmission as per law. 2. Pending hearing of the Rule, the responden..Category: Information Technology Law | Date: 16 Jun, 2005 | Hits: 4
Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)
....ng strangulation. 4. Following commission of crime law was set on motion on submission of a first information report by Mahbubuddin, husband of Nilufar, with Sabujbagh Police Station on the said date i.e. on 2-12‑1992, as informant. HR Khan, father of Nilufar and father‑in‑law of Mah...... of the charge. 26. On legal burden of proving guilt beyond reasonable doubt, the off-quoted observation of Lord Sankey LC in Woolmington Vs. Director of Public Prosecutions (1935) AC 462 may be noticed which are couched in following language: "If at the end of and on the whole of the...... across such a weird scenario as the present ease has bestowed in a murder episode of a lady-two diametrically divergent versions, one set on roll by husband of deceased lady on lodgment of a first information report with Police Station which was drafted and processed by father of deceased lady and ..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
Hamida Begum Vs. Mosharef Hossein Sikder and others, 2005, 34 CLC (HCD)
....n, Deputy Attorney-General-For the State. Criminal Miscellaneous Case No.1200 of 2002. Judgment Syed Muhammad Dastagir Husain J.- This Rule is directed against the Judgment and order dated 9.11.2000 passed by AddiÂtional Sessions Judge, First Court, Barisal in Criminal Revision N......e disposed of within 3 months from the date of receipt of this order. 8. Send down the lower court records at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 94. ......between the petitioner and the accused opposite party No.1. The accused persons made an unlawful asÂsembly with a bad intention to do harm to the petitioner on the date of occurrence and enÂtered forcefully to the dwelling house of the petitioner situated in plot No.1332 under the Bakargathi M..Category: Criminal Law | Date: 15 Jun, 2005 | Hits: 2
Emarat Ali Vs. State, 2005, 34 CLC (HCD)
....1 of 2001. Judgment Siddiqur Rahman Miah J. - This Criminal Revision under section 439 of Code of Criminal Procedure at the instance of Emarat Ali is directed against the judgment and order dated 9‑10‑2001 passed by the learned Metropolitan Sessions Judge, Dhaka in Metropolitan Crimina...... have been examined and amongst them one is the informant and other two are investigating officers, but none of them saw the occurrence. It is further stated that both the courts below failed to take notice that none of the witnesses of the place of occurrence were examined and not even the rickshaw......5. Result: The Rule is made absolute. Under section 5 of the Limitation Act, the petitioner is entitled to condonation of delay if he can satisfy the court that he had sufficient cause for not making the application within the period fixed by statute. Where the Court before exerc..Category: Criminal Law, Limitation Law | Date: 14 Jun, 2005 | Hits: 1
Khaled Ahmed Chowdhury Vs. State, 2005, 34 CLC (HCD)
....mstances of the case and evidence on record convicted the petitioner under section 170 of the Penal Code sentencing him thereunder to suffer simple imprisonment for one year by his judgment and order dated 21‑10‑1989 in GR Case No.3503 of 1988 in presence of the accused person. 4. Being agg......ind no merit in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 57 DLR (2005) 694. ......ued calling upon the Deputy Commissioner, Dhaka to show cause as to why the delay of 1710 days in filing the Criminal revisional application should not be condoned. 2. Heard the learned Advocate for the petitioner and learned Assistant Attorney-General for the State. Perused the application and..Category: Limitation Law | Date: 13 Jun, 2005 | Hits: 2
Mahmuda Begum and others Vs. Chairman, First Court of Settlement and others, 2005, 34 CLC (HCD)
....ral - For Respondent No.2. Writ Petition No.2615 of 1995. Judgment Moyeenul Islam Chowdhury J.- This Rule Nisi was issued upon the respondents as to why the impugned Judgment and order dated 26-11-1995 (Annexure-C) passed by the responÂdent No.1 should not be declared to be withÂout......e of Civil ProceÂdure filed by the Government (Annexure-B) shows that the Government addressed the original writ petitioner Md. Atiqullah (since deceased) with reference to the case property and the notice of the said Miscellaneous Case was duly served upon him at that address. On 17-12-1987 Md. At......inistry of Works, Dhaka Vs. Mr. KM Zakir Hossain and others, 2003 BLD (AD) 24 = 8 BLC (AD) 27; Hosne Ara Begum Vs. Chairman, Court of Settlement and another, 46 DLR (AD) 9. Lawyers Involved: Lutfor Rahman Akand, Advocates - For the Petitioners. MA Azim Khair, Deputy Attorney-General -..Category: Property Law | Date: 25 May, 2005 | Hits: 33
Abdul Momen Chowdhury and others Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....s issued calling upon the respondent Nos.1 Bangladesh and (2) Bangladesh Election Commission to show cause as to why they should not be directed to secure to the voters particulars from the candidates for the election to the Parliament (House of the nation) in the form of informations disclosin......espondent. Dr Kamal Hossain, learned Counsel appeared in the matter and supported the case of the petitioner. The learned Deputy Attorney-General appearing for the state however submits that since no notice was served upon the government they have no instruction in the matter. However he prays for t......thers............Petitioner Vs. Bangladesh and others.............................Respondents Judgment May 24, 2005. Result: The Rule is made absolute. Directions sought for the petition to be allowed. Cases Referred to- Mujibur Rahman Vs. Bangladesh, 44 DLR (..Category: Election Law | Date: 24 May, 2005 | Hits: 11
....ions. The Registrar of this Court is
also directed to circulate this order through National Dailies and all Electronic
Media.
Ed.
This Case
is also Reported in: 15 BLT (HCD) (2007) 66.
......acts are Universally accepted as
calculated to interfere with the administration of justice and therefore
contempt of Court.
2. With great pain
and disappointment we have been taking judicial notice that a section of
lawyers of the Supreme Court Bar Association have been agitating against a......of Court and also a criminal offence
and is liable to be proceeded against on all these Court. Freedom of speech and
expression dose not embrace a right of the lawyers to strike and or give a call
for boycott or abstention of Courts taking out procession in and around the Courts,
shouting slogan..
Category: Others | Date: 23 May, 2005 | Hits: 13
New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)
....e was no conflicting mark on record at the Registry at the time, the trade marks were duly registered upon advertisement in the Trade Marks Journal and have since been renewed and remained valid till date (Annexures- 'A', 'A-1' and 'A-2'). 3. It so transpired that Unilac......n at the time and thereby having failed to promptly oppose the registration of Trade Mark No.66879 in Class- 29, the Petitioner was constrained to file this Application upon being subsequently put on notice of such adverse registration when the Petitioner applied through Form TM 24 on 8.6.2002 for r......-in-interest of the Petitioner") who, being engaged in the business of manufacturing, importing and marketing of powder milk, butter oil, condensed milk etc. including milk products in all their forms in Class- 29 throughout the world and having acquired a reputation for the unrivalled quality ..Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187
Sheikh Abdul Quddus Vs. Akram Sheikh @ Akram and others, 2005, 34 CLC (HCD)
.... Criminal Revision No.192 of 2003. Judgment Siddiqur Rahman Miah J.-This criminal revision under section 439 of the Code of Criminal Procedure is directed against the judgment and order dated 22‑1‑2003 passed by the learned Additional Sessions Judge, 2nd Court, Kushtia in Criminal ......ate of receipt of this order to serve out their remaining portion of sentence imposed upon them. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (HCD)(2005) 650. ......mber of witnesses, nor the quantity of evidence is material. It is the quality that matters. It appears that the accused persons are "daredevils of the locality". No one was willing to come forward to depose against them. In such circumstances there should not be insistence that there shou..Category: Evidence Law | Date: 16 May, 2005 | Hits: 4
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