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Mirpur Mazar Co-Operative Market Society Ltd. Vs. Capital Tower (Pvt) Ltd & Ors., 2006, 35 CLC (AD)
....rs to be not well founded since materials were placed on record by the respondent No. 6 to show the price of the plots described as 'institutional plots' at which were sold earlier and at the relevant time and therefrom it was noticed by this Court that the plot in question allotted to the r......mode of allotment of the plot in question. 12. In view of the discussions made herein over we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ......Advocate-on-Record— For the Respondent No, 6. Mvi Md Wahidullah, Advocate-on-Record—For Respondent Nos. 1-5. Civil Review Petition No. 127 of 2003. (From the Judgment and Order dated August 18, 2003 passed by the Appellate Division in Civil Appeal No. 50 of 2000).&nb......at the land in question was a vacant land and keeping of the land as necessary for use as car park the Master Plan of Mirpur has been modified in the public interest being considered along with other documents, in that case this Court would have taken a different view with regard to the change of Ma..Category: Property Law | Date: 18 Jan, 2004 | Hits: 86
Abdul Bashir alias Bashu Vs. State, 2004, 33 CLC (AD)
....rat Ali and the husband of Julekha Khatun, the informant, lodged the first information report upon hearing of the incident from the persons who witnessed the incident. Part of the evidence of PW 7 is relevant for the disposal of the petition for leave to appeal filed by the condemned prisoner. 4......dge, Mymensingh, to take steps in accordance with law in the light of the judgment passed by the said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ......de of Criminal Procedure, 1898 (V of 1898), Section 374 The Penal Code, 1860 (XLV of 1860), Section 302 Delay cannot be a ground for commutation of the sentence of death awarded to the prisoner and altered to the sentence of imprisonment for life. Lawyers Involved: Shaukat Ali Khan, Sen......dge, Mymensingh, to take steps in accordance with law in the light of the judgment passed by the said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 18 Jan, 2004 | Hits: 98
Securities and Exchange Commission, represented by its Chairman Vs. Runa N Alam, 2004, 33 CLC (AD)
.... Procedure. The learned Counsel further submitted that in the absence of any evidence or allegation that a Director or an accused Company was responsible, if in‑charge of the actual business at the relevant time, such Director cannot be prosecuted and that the higher Courts of this Sub‑Continent......cordingly, set aside. The learned Additional Sessions Judge shall proceed against the accused in accordance with law. The appeal is accordingly allowed. Ed. This Case is also Reported in: ......ly allowed. Ed. This Case is also Reported in: ......wed. The Code of Criminal Procedure, 1898 (V of 1898), Section 265C Section 265C of the Code of Criminal Procedure enjoins a duty upon the Court, to consider the record of the case and the documents submitted therewith and upon hearing the submissions of the accused and the prosecution to..Category: Business or Commercial Law | Date: 5 Jan, 2004 | Hits: 340
Md. Rahimuddin Mia (Bharasa) Vs. The Registrar of Trade Marks and another, 2003, 32 CLC (HCD)
.... registered on 5.5.94 and on 11.8.98 the present petitioner has renewed his mark for another 15 years which is in operation now. Therefore, the rejection of the opposition case on merit is not at all relevant in determining the issue involved in this case. It appears that the opposite party No.2 obt......class 34 dated 5.5.94 together with its existing features of label, get up and design. There will be no order as to costs. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 233. ......;……………………………………………….Petitioner Vs. The Registrar of Trade Marks and another……………………………&...... by fraud and secondly if the mark registered subsequently is deceptively similar to an earlier registered mark and in the instant case the petitioner has been able to show from its pleadings and the documents annexed with the application that in the instant case the opposite party No.2 is guilty of..Category: Intellectual Property Law | Date: 15 Dec, 2003 | Hits: 18
Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)
....enying the allegations made in the writ petition and firmly asserting that the tender was floated according to the approved rules, regulations, terms and conditions of the ADB. That the important and relevant facts are that the Asian, Development Bank (ADB) agreed to provide US Dollar 42.20 million ...... and approved by the Bangladesh Water Development Board (BWDB) and the Ministry of Water Resources (MoWR). The tender was floated on 23‑9‑2002 and duly published on 25‑9‑2002 in the daily newspapers. The seven foreign bidders and one local bidder namely, the writ petitioner No.1 participated......n:......a tender for bids for procurement of geo textile bags on 23 September 2002. That BWDB invited sealed bids in four lots strictly in conformity with the Technical Specification provided. in the bidding documents in different size of bags; the invitation further stated that in the comparison of bids, A..Category: Others | Date: 10 Dec, 2003 | Hits: 261
Ershad Ali Sikder (Md) Vs. State, 2003, 32 CLC (AD)
....nd for lesser sentence. The extent of brutality was considered while awarding the sentence. The Evidence Act, 1872 (I of 1872), Section 8 The motive though not relevant and material the same of the condemned prisoner can very well be inferred from the evidenc......ials on record has arrived at the correct decision. For the reasons and discussions made above the leave petition is dismissed Connected Jail Petition No. 7 of 2003 is also rejected. Ed. ......, 1898 (V of 1898), Section 374 The Penal Code, 1860 (XLV of 1860), Section 320 The victim survived for weeks in the hospital due to intensive care and treatment after sustaining injury caused brutally upon him and thereafter succumbed to injuries......ials on record has arrived at the correct decision. For the reasons and discussions made above the leave petition is dismissed Connected Jail Petition No. 7 of 2003 is also rejected. Ed. ..Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122
Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)
....III of 1965), Section 25 Whether in exercise of power of certiorari High Court Division can send a case to the court or Tribunal below to see as to whether there is compliance of the relevant provision of law or principle of natural justice. It is an established principle of......Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ......ion (Civil) Present: Md. Fazlul Karim J Md. Hamidul Haque J Md. Tofazzul Islam J Superintendent (now General Manager), James Finlay PLC and another................. Appellants Vs. Chairman, 2nd Labour Court and another.........Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ..Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
....the High Court Division failed to appreciate properly the decision of Moni Begum vs. RAJUK, 46 DLR (AD) 154 and wrongly held that in writ jurisdiction review application is not maintainable, that new relevant facts having bearing on the case having been discovered and a review having been sought on ...... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ......ts in two appeals. Ed. ...... Division in comparing the thumb impressions appearing in the petition seeking allotment and in the power of attorney and thereupon in taking the view that the thumb impressions appearing in the said documents are not similar. The law permits the Court to compare signature of a person with his admit..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)
....hi in MNGR (Metropolitan Non-General Register) Case No.273 of 2003 should not be quashed and/or such other or further order or orders passed as to this Court might seem fit and proper. 2. Facts, relevant for the purpose of disposal of this Rule, in short, are that Officer‑in‑Charge of Boali......e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ......te Parties Judgment November 1, 2003. Result: The Rule is discharged. Cases Referred to- Shah Mohammad Vs. Haque Newaz & State, 23 DLR (SC) 14; Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986 BLD (AD) 261 = 38 DLR (AD) 246; Moslemuddin......ge had jurisdiction to intervene under section 439A of the Code of Criminal Procedure. Their Lordships observed: "What the learned Sessions Judge did in this case is that he scrutinised the documents of the various parties carefully and came to the conclusion that the matter should be sett..Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1
Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)
....; 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......esting defendant Nos. 1 and 2 was that plaintiffs had no causes of action for the suit and the Suit has been filed to grab the land of the government raising claim on the basis of false and forged papers. The specific cases of the said defendants was that land of SA Khatian No. 185 has been list......Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Government of Bangladesh, represented by the Additional Deputy Commissioner...... Appellant Vs. AKM Abdul Hye and ors.............Respondents Judgment October 29, 2003. The Limitati......; 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)
....6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ......6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ......p; Appellate Division (Criminal) Present: KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Hoque J Md. Tofazzul Islam J Hossain @ Foran Miah and others........Appellants Vs. State..............Respondents Jud......cedure can be admitted into evidence under section 80 of the Evidence Act, let us reproduce section 80 of the Evidence Act: "80. Presumption as to documents produced as record of evidence‑wheneven any document is produced before any Cou..Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107
Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)
....tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ......tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ...... Present: Mohammad Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J Amir Hossain……………................Appellant (In both the cases) Vs. Md. Amir Ali and another....................Respondents (In both the cases) Judgment October 20, 2003.......ng a decree of recovery of khas possession. Finally, Mr. Ahmed submits that the High Court Division erred in taking the view that the petitioner obtained possession of the suit property and the documents of title on 31.8.84 through fraudulent misrepresentation and that he wanted to continue in..Category: Contract Law | Date: 20 Oct, 2003 | Hits: 256
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
.... decided Issue no.IV against the plaintiff and held that plaintiff failed to prove title and possession on suit property. 19. Learned Subordinate Judge, also, held that Plaintiff failed to produce relevant papers and documents in support of right of D.I.T. to acquire any property without prior pe......Issue no.IV against the plaintiff and held that plaintiff failed to prove title and possession on suit property. 19. Learned Subordinate Judge, also, held that Plaintiff failed to produce relevant papers and documents in support of right of D.I.T. to acquire any property without prior permission ......vil) Present: AK Badrul Huq J Md. Abu Tariq J General Manager, Bangladesh Bank, Dhaka Office, Motijheel Commercial Area, Dhaka………………..Appellant Vs. Saiyed Shahidul Haque and others…………………Respondents Judgment August 23, 2003. Result: The appeal......e, Dhaka for a declaration that property described in schedule-A to plaint is acquired land of Government and legally leased out to plaintiff and Plaintiffs title therein is unaffected by Defendant's documents and, also, for a decree of permanent injunction restraining Defendants from disturbing pos..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Harunur Rashid and ors. Vs. State and ors., 2004, 33 CLC (AD)
....offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed. Ed. ......offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed. Ed. ...... Appellate Division (Criminal) Present: KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Haque J Harunur Rashid and others.....................Petitioners Vs. State and others......Respondents.&nbs......rmed by the courts below. Though the petitioners have sought to point out the Champak Lata herself executed the sale deed by her own name and her name appears in the voter’s list and some other documents, as such she has not impersonated anybody purporting to be Shebayet, as a matter of fact, ..Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85
DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)
....se which calculation could be brought on record of the execution case by way of calculation sheet and accordingly, without going into the complicated question of amendment of execution case and the relevant provision involved therein, we like to dispose of the case by allowing the calculation sh......sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ......; .......Appellant Vs. Associated Engineering and Drillers ...............Respondent Judgment August 20, 2003. The Code of......sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ..Category: Civil Law | Date: 20 Aug, 2003 | Hits: 291
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
....sion has considered 'hot haste' and to tile proceeding of Allotment Committee as well as to the price of tile land allotted Since materials have been placed from the appellant's side showing at the relevant period price of the institutional plots was same at which appellant's land was valued and ......en allotted upon keeping space to be used as car park and, as Such, in Our view it cannot be said by changing the layout plan there has been totally elimination of the car park. It is seen from the papers on record that plaintiff himself approached the authority for allotment of the land, which i...... Md. Ruhul Amin J AS Ahammed J MM Ruhul Amin J Capital Tower Limited................... Appellant Vs. Mirpur Mazar Co‑operative Market Society Limited and others ...........Respondents Judgment &n......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)
....no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ......no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ......ed of agreement, the Court cannot but finds the defendants are tenants at will terminable by notice of 15 days. The principle of terminating tenancy rests primarily on two conditions-one is defaulter and another is bonafide requirement. Existence of any one of these two conditions is suffice to ejec......p;……………………Opposite Party Judgment August 12, 2003. Result: Both the Rules are discharged. In absence of any registered documents the claim of the defendants-petitioners that they have had been treated as tenant on yearl..Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
..... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ......nt deposit case ended in dismissal and in the appeal the defendant prayed for provisional permission to deposit rent which was refused. 14. We do not think that there is any requirement of these papers for disposal of the appeal which is a condition for allowing additional evidence under Order ......on) Present: Md. Abdul Matin J Afzal Hossain Ahmed J Loretto represented by Nasreen Rahman, Principal……………Appellant Vs. Nasreen Sobhan and another……………………………&....... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ..Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171
Bangladesh Vs. Md. Matiur Rahman and another, 2006, 35 CLC (AD)
....on on acceptance of the customs duty and other levies to be assessed by the Customs Authority is stayed till disposal of the writ petition. There is no order as to costs. Ed. ......on on acceptance of the customs duty and other levies to be assessed by the Customs Authority is stayed till disposal of the writ petition. There is no order as to costs. Ed. ......rt Appellate Division (Civil) Present: Md. Ruhul Amin J Abu Sayyed Ahammed J Md. Hamidul Haque J Government of Bangladesh, represented by the Secretary, internal Resources Division and others………Appellants Vs. Md. Matiur Rahman and another……&hel...... pay an amount of Tk. 4,81,07,374/- due as unpaid taxes and charges and instead of paying the same the Respondent No. 1 released 1358.831 metric tons of Polyester Textured Yarn on the basis of forged documents and as such High Court Division erred in law in granting ad interim relief without noticin..Category: Business or Commercial Law | Date: 26 Jul, 2003 | Hits: 128
Hossain Shially (Fakir) Vs. State, 2003, 32 CLC (HCD)
....of the present case before competent Magistrate, as the local people failed to dispose of the matter amicably as stated by them earlier. In cross, this PW frankly admitted that he was at Dhaka at the relevant time and that he came to know about the occurrence after his arrival at home therefrom. He ......Md. Habibur Rahman Miah, the learned Advocate for the appellant, took us through the FIR, charge-sheet, charge so framed, deposition of the prosecution witnesses, impugned judgment and other material papers/documents as available in paper book and submits that this is a case of no evidence, but th......tate. Criminal Appeal No. 35 of 1998. Judgment Md. Hassan Ameen J. - This criminal appeal, at the instance of sole accused-appellant Hossain Shially (Fakir), is directed against the judgment and order, dated 14‑10‑1997, passed by the teamed Nari‑o‑Shishu Nirjatan Daman Special Judge......ibur Rahman Miah, the learned Advocate for the appellant, took us through the FIR, charge-sheet, charge so framed, deposition of the prosecution witnesses, impugned judgment and other material papers/documents as available in paper book and submits that this is a case of no evidence, but the learn..Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162
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