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Bangladesh Vs. Chairman, First Court of Settlement and another, 2007, 36 CLC (HCD)
....d order dated 29-5-1997 (Annexure-A), passed by the First Court of Settlement, Dhaka, in Case No. 40 of 1995, excluding the holding No. 1-D/3-31, Mirpur, Dhaka, from the 'Ka' list of the abandoned properties. 2. Short facts leading to this Rule are that the petitioner is the People's Repub...... Present: ABM Khairul Haque J SM Ziaul Karim J Bangladesh, represented by the Secretary, Ministry of Works………… Petitioner Vs. Chairman, First Court of Settlement and another............Respondents Judgment May 6, 2007. Result: The Rule is ma......No 1 Syed Haider Ali, Advocate — For Respondent. 2 Writ Petition No. 3942 of 2001 Judgment SM Ziaul Karim J. - By this Rule Nisi, the petitioner has challenged the legality and propriety of the judgment and order dated 29-5-1997 (Annexure-A), passed by the First ..Category: Property Law | Date: 6 May, 2007 | Hits: 5
S. M. Rafiqul Islam Vs. Md. Monjurul Islam, 2007, 36 CLC (HCD)
....by the learned Senior Assistant Judge, Sadar, Rangpur in Miscellaneous Case No.50 of 1998 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. Facts relevant for disposal of the Rule are that the petitioner claiming himself to ......ears - For the Opposite Party. Civil Revision No.2951 of 2002. Judgment Shahidul Islam J.- By this Rule the Opposite Party was called upon to show cause as to why the impugned Judgment and order dated 27.4.2000 passed by the learned Joint District Judge, 3rd Court, Rangpur in Miscella......ellaneous Case No.50 of 1998 is hereby affirmed. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 353. ..Category: Tenancy Law | Date: 3 May, 2007 | Hits: 149
Mohan Meah Vs. Dhaka City Corporation Mayour, Dhaka, 2007, 36 CLC (HCD)
....omise, Annexures D, E and F recorded in Writ Petition No.32 of 1987 and Writ Petition No.372 of 1989 respectively and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts relevant for the disposal of this Rule is, that in 1983 Dhaka City Corporatio.................Respondents Judgment April 29, 2007. Result: The Rule is disposed off. Nature of writ proceedings Writ proceedings are essentially civil proceedings and the substantive rules of the Civil Procedure Code will apply. Rules of procedure, however, shou......titioner Mohan Meah. According to him, it has been signed by his Attorney and in such situation prior leave of this Court should have been obtained and not having done so, there has been a gross illegality for which the instant Rule is liable to be discharged. In this connection, he has drawn ..Category: Civil Law | Date: 29 Apr, 2007 | Hits: 2
Dominous Pizza and others Vs. Domino's Pizza Inc., 2007, 36 CLC (HCD)
....urt, Dhaka in Title Suit No. 3 of 2000 rejecting the application for rejection of the plaint should not be set aside or such other or further order or orders passed, as to this Court may seem fit and proper.' 2. The opposite party as the plaintiff instituted Title Suit No. 3 of 2000 in the ....... This Case is also Reported in: 61 DLR (HCD) (2009) 780. ......it must be held that the suit is prohibited under law. Even if the case does not come within the letter of Order VII, rule II of the Code of Civil Procedure, there is no doubt that it is barred under legal provisions. The Court below should therefore have rejected the plaint in limine. If Order VII,..Category: Intellectual Property Law | Date: 26 Apr, 2007 | Hits: 91
Tabibullah and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....o. 1107 dated 3-10-1984 issued by Sub-Divisional Engineer, PWD Tejgaon Industrial Area, Tejgaon, Dhaka, First opposite party of Civil Revision Case directing plaintiff to hand over possession of suit property mentioned in schedule to the plaint, within seven days from the date of receipt of notice o...... cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 46. ......party of Civil Revision Case directing plaintiff to hand over possession of suit property mentioned in schedule to the plaint, within seven days from the date of receipt of notice of authorities is illegal, inoperative, maladies, void, without jurisdiction and, also, for permanent injunction restrai..Category: Procedural Law | Date: 4 Apr, 2007 | Hits: 32
.... auction sale under the aforesaid provisions is barred.
The statute provides that the auction sale process is to be completed first under section 33(1),(2),(3) and in case of failure to sell the property under the said provisions right under section 33(7) can be exercised by the decree hol......ain Hider J
Farah Maybug J
Arab Bangladesh Bank Limited, Motijheel Branch, Dhaka ………………Petitioner
Vs.
Judge, Artha Rin Adalat No.3, Dhaka and others……………………Respondents
(Writ Pet......hy;tion 33(7) of the Act as well as for setting aside the order No.63 dated 28.09.2003 (Annexure-F) passed by the said Court should not be declared to have been made without lawful authority an of no legal effect....”.
3. Facts required for the disposal of the Rule, in short, are that the..
Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6
Most. Azmiri Begum and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....out giving any opportunity passed an order on 08.05.2002 allowing the appeal by entertaining repeated Appeal even though they have no right, title and interest over the said portion of the schedule property and as such the appellate authority acted malafide, beyond his jurisdiction and without a......7 MLR (HCD) (2012) 400. ......ring of Settlement Appeal Case No.1480 of 1999 again on 22.04.2002 as contained in Annexure-'D' (wrongly typed as H) should not be declared to have been issued without lawful authority and is of no legal effect and as to why direction should not be given upon the respondent Nos.2-4 to recind/with..Category: Property Law | Date: 7 Mar, 2007 | Hits: 10
Safazuddin and another Vs. State, 2007, 36 CLC (HCD)
....s places a duty on Courts/Tribunals to locate real offenders of sexual assault absolving innocent persons arraigned of charge of rape. Courts/Tribunals are, therefore, to address with such cases with proper approach, circumspection and utmost care disengaging ring of truth from falsehood ensuring sa......) (2007) 321, 13 BLC (HCD) (2008) 271. ......corroboration he should give reasons for dispensing with the necessity for such corroboration. But if a conviction is based on the evidence of a prosecutrix without any corroboration it will not be illegal on that sole ground. In the case of a grown-up and married woman it is always safe to insist o..Category: Women and Children | Date: 28 Feb, 2007 | Hits: 75
Sunil Kumar Das Vs. Deputy Registrar of Trade Marks and another, 2007, 36 CLC (HCD)
....favour of the respondent No.1 (Canon Kabushiki Kaisha) and the use of the same by others will give raise to confusion. The conduct of the appellant in using the Trade Mark of a foreign country is not proper. Against the said judgment of the High Court Division the appellant preferred Civil Petition ......hellip;……………………………………………Appellant Vs. Deputy Registrar of Trade Marks and another……………………………R......ass-25 and that the respondent, company have no trade relationship as regards the mark Cannon to be used for hosiery goods manufactured by the appellant in Bangladesh and in view of that there was no legal bar in giving registration to the appellant of the mark Cannon for hosiery goods. 6. Mr. ..Category: Intellectual Property Law | Date: 15 Feb, 2007 | Hits: 34
Ful Miah & others Vs. State, 2007, 36 CLC (HCD)
....odification of sentence. The connected Rule is also discharged with the modification as above. Send down the lower Court records. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 322. ......ddin Md. Aminur Rahim, Deputy Attorney-General - For the State. Criminal Appeal No.1778 of 2003. Criminal Miscellaneous Case No.9275 of 2005. Judgment Surendra Kumar Sinha J.- This appeal and the Rule arose from the Judgment and order dated 13.5.2003 of the special Tribunal No.4, Habigon...... recovered from the possession of the accused persons other than Ful Miah and in that view of the matter, the conviction of ail the accused persons under sections 19A and 19(f) of the Arms Act is not legal. 10. The learned Deputy Attorney General, on the other hand, submits that since the arms an..Category: Criminal Law | Date: 25 Jan, 2007 | Hits: 26
Hafizuddin and another Vs. Moherjan & Others, 2007, 36 CLC (HCD)
....nj, is directed to dispose of the other class suit as expeditiously as possible after notifying all the concerned parties. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 88. ......d parties. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 88. ......n Partition Suit No.146 of 1962 and the Final decree dated 15.5.1979, passed in the suit renumbered as Partition Suit No.217 of 1967, in the Court of Munsif, Thakurgaon at Dinajpur, was void arid illegal and not binding upon him. 3. During pendency of the suit, it was transferred to the Cou..Category: Procedural Law | Date: 16 Jan, 2007 | Hits: 3
Md. Kamruzzaman Babul and others Vs. State and another, 2006, 35 CLC (HCD)
....an Ain, 2000 now pending in the Court of Nari-O-Shishu Nirjatan Daman Tribunal No.4, Dhaka 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 prosecution case, in short, is that on 03.11.2001 at about 19:30 hours one Shei......ported in: 13 MLR (HCD) (2008) 68. ......f the Tribunal without proper application of his judicial mind to the facts and circumstances and the materials on record and without weighting the same in its true and correct perspective, most illegally ignoring consecutive final reports took cognizance against the accused petitioners which is..Category: Women and Children | Date: 19 Nov, 2006 | Hits: 11
State Vs. Md. Abdul Gofur, 2006, 35 CLC (HCD)
.... 33. Mr. Khurshed Alam Khan, the learned advocate appearing on behalf of the condemned prisoner, submits that the trial of the case has been vitiated as the condemned prisoner did not get proper legal assistance of the State defence lawyer, who was engaged by the State at the last moment......llip;…………………………….Condemned-Prisoner Judgment October 19, 2006. Result: The Death reference is rejected and the Jail Appeal is allowed. Cases Referred to- Gourango Kumar Shaha Vs. State, 2 ......Mr. Khurshed Alam Khan, the learned advocate appearing on behalf of the condemned prisoner, submits that the trial of the case has been vitiated as the condemned prisoner did not get proper legal assistance of the State defence lawyer, who was engaged by the State at the last moment. With ..Category: Criminal Law | Date: 19 Oct, 2006 | Hits: 6
M. H. Monzur Vs. Md. Nuruzzaman and others, 2006, 35 CLC (HCD)
....r Vs. Abdul Majid reported in 27 DLR-385 wherein it is held: "Specific Relief Act S.42 Not only a person entitled to any legal character but also any person entitled to any right as to any property can institute a suit for declaration. A person claiming possessory right, a bargadar, e......esent: Siddiqur Rahman Miah J Syed Mohammad Ziaul Karim J M. H. Monzur………………………………………………………………………..Petitioner Vs. Md. Nuruzzaman and others……………………………………………….Opposite Parties Judgment Au......egum-For the Petitioner. Abdul Quyum, Senior Advocate-For the Opposite Party No.1. Civil Revision No.1729 of 2000. Judgment Syed Mohammad Ziaul Karim J.- This Rule, calls in question, the legality and propriety of the order dated 25-10-1999 passed by the learned Subordinate Judge and Jud..Category: Procedural Law | Date: 21 Aug, 2006 | Hits: 42
Md. Chand Miah and others Vs. Md. Ibrahim and others, 2006, 35 CLC (HCD)
....jecting the petitioners prayer for comparison of the disputed L.T.I.'s of Fuljan Bibi 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. Short facts leading to this Rule are that on 01-07-1991 Fuljan Bibi alias Gedi Bibi ...... This Case is also Reported in: 15 BLT (HCD) (2007) 306. ......nsel for the added opposite parties Nos.6-14. 21. Having considered the facts and circumstances of the case and foregoing narrative we lead to the conclusion that the impugned order suffers from legal infirmity which calls for interference by this Court. Thus the Rule having merit succeeds. ..Category: Evidence Law | Date: 8 Aug, 2006 | Hits: 25
Mst. Kabita Khatun Vs. Md. Tarikul Islam (minor) and others, 2006, 35 CLC (HCD)
....d perused the application and the impugned judgment and decree and the materials on record. The learned Advocate appearing for the petitioner submits that the judgment of the appellate Court is not a proper judgment of reversal inasmuch the finding of the trial court on different issues have not bee...... Present: Md. Abdul Matin J ATM Fazle Kabir J Mst. Kabita Khatun………………………………………………………petitioner Vs. Md. Tarikul Islam (minor) and others…………………………opposite Party Judgment August 7, 2006. Resu......mpugned judgment and decree are set aside and this those of the trial Court are confirmed there shall be no order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 225. ..Category: Women and Children | Date: 7 Aug, 2006 | Hits: 127
R.K. Jute Mills Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....passed in revision (Annexure-H) shall not be declared to have been passed without lawful authority and is of no legal effect or such other or further order or orders as to this Court may seem fit and proper. 2. The relevant facts are that the petitioner company is incorporated under the Compa&s......tijheel, Dhaka……………………………………………Petitioner Vs. Government of Bangladesh and others…………………….Respondents Jud......k. 40,77,953.00 as excise and Regulatory duty (Annexure-E) and the order dated 21.11.91 passed in revision (Annexure-H) shall not be declared to have been passed without lawful authority and is of no legal effect or such other or further order or orders as to this Court may seem fit and proper. ..Category: Business or Commercial Law | Date: 3 Aug, 2006 | Hits: 5
Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)
....xecuted by Mokshoda Bala Dassya is a forged document which was created antedated by forgery after death of Mokshoda Bala Dassya by the principal opposite party No.1 in collusion with others; that the property purported to have been given by the will belonged to Fakuram Hazra; that Fakuram Hazra had ......hellip;………………………………………………..Appellant Vs. Sree Nagendar Nath Roy and others……………………………&h...... Khas Moktarnama executed and registered by petitioner appellant on 23.09.1982. As per that khas Moktarnama, this petitioner has conferred Shishubala Roy all powers including powers of conducting all legal proceedings regarding the property contained in the will. As such the petition for revocation ..Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15
Nirmalandu Nath Majumder Vs. State, 2006, 35 CLC (HCD)
.... Naim Ahmed fails to show that there has been any misreading of evidence or non-consideration of material evidence by the appellate court. I also find none rather it is found that the appellate court properly discussed and assessed the material evidence on record and came to a correct decision ......dgment. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 493. ......d-For the Petitioner. Golam Mostafa, Assistant Attorney-General-For the Opposite Party. Civil Revision No.3521 of 2003. Judgment Zinat Ara J.-This Civil Revision is about the legality and propriety of the judgment and decree dated 24.5.2003 passed by the Additional Dist..Category: Procedural Law | Date: 2 Jul, 2006 | Hits: 3
Syed Jasimuddin and others Vs. Moulana Abu Musa Siddique & others, 2006, 35 CLC (HCD)
.... the Senior Assistant Judge and SCC Judge, Raozan Chittagong in SCC Suit No. 2 of 1997 should not be set aside and/or such other or further order or orders be passed as to this Court may seem fit and proper. 2. The Rule is opposed on behalf of the opposite-parties. 3. The opposite-parties ......e is also Reported in: 61 DLR (HCD) (2009) 518. ......y rental of Taka 60. There was no oral tenancy created in 1992 fixing the monthly rental of the suit shop house at Taka 200. The notices served under section 106 of the Transfer of Property Act are illegal. There is no bonafide requirement of the suit premises by the opposite-parties. 5. After ..Category: Civil Law | Date: 2 Jul, 2006 | Hits: 4
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