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Shafiuddin Vs. Samir Bhuiyan and others, 2005, 34 CLC (HCD)
....tribunal that the returned chairman was a defaulter and was accordingly disqualified for the election on the date of scrutiny of the nomination papers on the ground that such assumption is based upon total misconception of the relevant law. 17. He submitted that the election appellate tribunal ......extent of their share holding in the company and not beyond that unless any of them is otherwise under any special contract or obligation to pay the due of the company. It is well settled that in the absence of any personal guarantee or undertaking given by a director of a company he cannot be held ......Deputy Commissioner, Narsingdi, returning officer demanding justice against the acceptance of the nomination paper of Shafiuddin as valid. He unsuccessfully moved this Division in constitutional jurisdiction. On 14‑6‑03 Shafiuddin was declared elected and on 15‑6‑03 such result was publ..Category: Civil Law, Election Law | Date: 13 Jul, 2005 | Hits: 7
Ashraful Alam (Md.) Vs. State, 2005, 34 CLC (HCD)
....uld have devoted to the case giving consideration to the facts, circumstances and evidence on record of the case properly and should not have disposed of it on the grounds which are unfounded. He has totally failed to understand the point in issue and misdirected himself in wrong direction. He has m......sed only when the prosecution failed to produce some important documents or piece of evidence which were not available at the time of trial and which came to the hand of the party after trial, in the absence of which the party will be prejudiced. The spirit of the decision of our apex Court is that ......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. ..Category: Family Law | Date: 4 Jul, 2005 | Hits: 2
Pushpa Rani Saha Podder Vs. Rash Mohan Saha, 2005, 34 CLC (AD)
....d an error of law requiring interference by us. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 350; 10 MLR (AD) 345. ...... Court Division in revisional jurisdiction. A Single Bench of the said Court, by the impugned judgment and order discharged the Rule. 6. Leave was granted to consider the submission that in the absence of any document of title in favour of the plaintiffs both the appellate court and the High......was decreed declaring the plaintiffs' title over the suit property and also confirming their possession therein. 5. Being aggrieved the defendant No. 1 moved the High Court Division in revisional jurisdiction. A Single Bench of the said Court, by the impugned judgment and order discharged the ..Category: Property Law | Date: 4 Jul, 2005 | Hits: 127
Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)
....f the appellate Court that the appointments were made in the necessity of the University is also without footing and not supported by any documents filed by the defendants. The appellate Court has totally failed to meet and revert the findings of the trial Court. The appellate Court below errone......t Judge, 2nd Court, Rajshahi in Miscellaneous Appeal No.50/2004 is hereby set aside and that of the trial Court is affirmed. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 5. ......t Judge, 2nd Court, Rajshahi in Miscellaneous Appeal No.50/2004 is hereby set aside and that of the trial Court is affirmed. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 5. ..Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7
Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)
....The submission of the learned Advocate for the petitioner that the memorandum of appeal before the learned District Judge filed by the plaintiff-appellant was not signed by the plaintiff-appellant is totally incorrect and misconceived. I have myself perused the memorandum of appeal preferred before ......ting only sections 10 and 11, Mr. Biswas then submits that, the plaintiff could not prove the two essential elements of Hindu marriage, namely, invocation before the sacred fire and saptapdai. In the absence of any proof of fulfillment of invocation before the sacred fire and saptapadi, a Hindu marr......Memo of Ministry of Law and Parliamentary Affairs but subsequently in view of an unreported decision of the High Court Division taking the view that Nari-o-Shishu Nirjatan Daman Bishesh Adalat has no jurisdiction to hear Family Appeals, the appeal before Nari-o-Shishu Nirjatan Daman Bishesh Adalat, ..Category: Family Law | Date: 25 Jun, 2005 | Hits: 237
Md. Joinul Abedin Vs. Government of Peoples' Republic of Bangladesh, 2005, 34 CLC (HCD)
....bsp; This Case is also Reported in: 26 BLD (HCD) (2007) 306. ......bsp; This Case is also Reported in: 26 BLD (HCD) (2007) 306. ......naging Committees) Regulations, 1979 as amended up-to-date, the Deputy Commissioner has no role to play where the Madrasha was situated outside the district headquarters and within the administrative jurisdiction of the U.N.O. who is the ex-officio Chairman of the Managing Committee and as such he h..Category: Civil Law | Date: 22 Jun, 2005 | Hits: 3
Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)
.... disposal of the Rule are as follows: The case of the plaintiff-petitioners as per averment of their plaint was that the suit land measuring 0.51 acre of plot No.152 and 0.04 acre of plot No.177 totaling .55 acre of Mouza Dewla was khal category khas land and the same being silted up for cultiv......nce whatsoever was adduced by the defendants in order to establish easement right, nor any such point was formulated by the appellate Court either, but it abruptly arrived at the finding in the total absence of evidence on this point which has vitiated the impugned decision. In order to assess wheth...... any order as to cost. Me judgments and decrees of both the Courts below are hereby set aside and decreed the suit accordingly. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 598. ..Category: Property Law | Date: 19 Jun, 2005 | Hits: 3
Jamuna Television Limited and another Vs. angladesh and others, 2005, 34 CLC (HCD)
....hannel I and NTV, having not applied for terrestrial spectrum, no assessment of fees/rates was therefore made and demanded from them. 18. It is stated that the JTV paid Taka 1,01,300 against the total demand of Taka 54,01,01,300 just to suit its own convenience. 19. These respondents final......to have created any rights or obligations to either of the parties, licensor or licensee. Terms and conditions of the NOC/licence granted shall decide the rights and obligations of the parties in the absence of any rules or law. 67. Moreover, after receipt of the licence, the JTV spent huge amo......ny the existence of Annexure-Z (1) dated 1‑12‑03 by which the Ministry of Information communicated to the Commission that the matter of granting of registration and licence was no more within the jurisdiction of the Ministry. The Ministry gives only a no objection certificate. Granting licence f..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)
.... any legal force and value in view of earlier Judicial confessional statement dated 3‑12-1992 made by co-convict Md. Belal and specially by his retracted confession dated 2‑1‑1996 giving a total go-bye to both the Judicial confessional statements dated 3‑12‑1992 and 13‑8‑1994. Sec...... to separate truth from falsehood and grain from chaff. 25. The expression "Reasonable Doubt" is incapable of definition. Plain meaning of "Doubt" is uncertainty of mind, the absence of a settled opinion or conviction, the attitude towards acceptance of a belief in propositi......set at liberty at once, if not required in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 513. ..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
Hamida Begum Vs. Mosharef Hossein Sikder and others, 2005, 34 CLC (HCD)
.... best up the informant and Noorjahan Begum and took away a trunk with Tk. 5,500.00, four pieces of sharies, gold ear ring, gold chain, a jar made of brass, a curtain, a fishing net, mugdal and rice totaling to Tk. 17,950. One Noorjahan is a relation of the petitioner and she came to visit her hou......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. ......ha Shil and under Section 323/324/380 of the Penal Code against the accused Mosharaf Hossain. The case was thereafter transferred to the Court of District Magistrate, Barisal. As the case was under jurisdiction of Bakerganj Police Station within the District Barisal, the District Magistrate, Bari..Category: Criminal Law | Date: 15 Jun, 2005 | Hits: 2
Emarat Ali Vs. State, 2005, 34 CLC (HCD)
....nd other surviving passenger also did not come to court to depose. 21. It appears from the submission of the learned Advocate, it seems that this is a case of no evidence and the prosecution has totally failed to prove the charge against the accused person. 22. In this connection the learn......ffer rigorous imprisonment for a period of 1 (one) year and to pay a fine of Taka 1000 in default, to suffer imprisonment for one month more by his judgment and order dated 26‑11‑1998 in the absence of the accused petitioner. 8. Thereafter, the accused petitioner preferred Criminal App......evision if the court found the impugned judgment is illegal. The learned Advocate for the petitioner submits that this court can even exercise the power of the appellate Court sitting on a revisional jurisdiction. 15. Mr. MU Ahmed, the learned Assistant Attorney-General for the Stat..Category: Criminal Law, Limitation Law | Date: 14 Jun, 2005 | Hits: 1
Khaled Ahmed Chowdhury Vs. State, 2005, 34 CLC (HCD)
....the accused-petitioner. He was not prevented by sufficient cause. There was gross negligence on the part of the petitioner in filing the revisional application out of time. The accused-petitioner has totally failed to prove such long and inordinate delay. The statement made in the application under ......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. ......nifesting by itself reasons which persuaded him to form a particular opinion. Discretion must be exercised not to any arbitrary, vague or fanciful manner, but on judicial principles. The Court has no jurisdiction to extend time carelessly or capriciously. In the exercise of discretion which vests in..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)
....dent No.2 is directed to exclude the said case property from the aforesaid 'Ka' List of abandoned buildings within 60 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 247. ......dent No.2 is directed to exclude the said case property from the aforesaid 'Ka' List of abandoned buildings within 60 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 247. ......sed the case of the petitioners and maintained the enlistment of the case property in the 'Ka' list. The abandoned character of the case property cannot be questioned by the petitioners in the writ jurisdiction. The petitioners have no right, title and interest in the case property on the basis of..Category: Property Law | Date: 25 May, 2005 | Hits: 33
Abdul Momen Chowdhury and others Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....respondent No.1 is directed to provide necessary logistic support for the purpose to the respondent No.2. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 9. ......respondent No.1 is directed to provide necessary logistic support for the purpose to the respondent No.2. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 9. ......respondent No.1 is directed to provide necessary logistic support for the purpose to the respondent No.2. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 9. ..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.
......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.
......upreme Judicial Council.
3. Bangladesh Bar
Council being statutory body is obliged to act in aid of this Court and is
bound to control all the advocates on its Roll as it has the disciplinary
jurisdiction on them under section 32 of the Bangladesh Legal Practitioner and
Bar Council Order 19..
Category: Others | Date: 23 May, 2005 | Hits: 13
New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)
....de Mark No.66879 in Class-29 be sent to the Respondent No.2 Registrar, Department of Patents, Designs and Trade Marks forthwith. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ......e Agency Agreements of 1986 and 1991 the Predecessors-in-interest of the Petitioner have in fact never used the registered trade mark in Bangladesh, such non-user connoting and denoting, thereby, the absence of a proprietary right of the Predecessors-in-interest of the Petitioner in the registered t......de Mark No.66879 in Class-29 be sent to the Respondent No.2 Registrar, Department of Patents, Designs and Trade Marks forthwith. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ..Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187
Muzaffar Hossain Sarker (Md.) Muzaffar Hossain Sarker (Md.) Vs. State, 2002, 31 CLC (HCD)
....her he had knowledge about the forged certificate or not. One of the ingredients of section 171 is that the accused must have knowledge about the forged document as genuine one. In this case there is total absence of evidence that the accused used the forged document as genuine one for getting benef...... had knowledge about the forged certificate or not. One of the ingredients of section 171 is that the accused must have knowledge about the forged document as genuine one. In this case there is total absence of evidence that the accused used the forged document as genuine one for getting benefit. Th......far Hossain Sarker who 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) 711. ..Category: Criminal Law | Date: 16 May, 2005 | Hits: 3
Sheikh Abdul Quddus Vs. Akram Sheikh @ Akram and others, 2005, 34 CLC (HCD)
....as made out in the courts of trial, we have to give weight to the legal evidence adduced by the witnesses before the court at the time of trial. But in this case the learned Additional Sessions Judge totally failed to appreciate the evidence. Scrutinizing the evidence I find that there is no such co......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. ......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. ..Category: Evidence Law | Date: 16 May, 2005 | Hits: 4
State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)
....mes feature in the second examination under section 161 of the Code of Criminal Procedure the statements do not disclose any offence with regard to the respondents in the instant case. There are total lack of materials against the respondents to implicate them in the murder case. The charge she...... the accused-respondents in the case are hereby set aside and the accused respondents are directed to appear before the trial Court to face the trial in accordance with law. Ed. ...... those are admissible evidence in a trial and like a trial Court, the High Court Division has given a judgment of acquittal on the basis of those materials without giving a thought that the only jurisdiction which the High Court Division has under section 561A Cr.P.C. is whether prime-fade ther..Category: Criminal Law | Date: 16 May, 2005 | Hits: 105
Sec. Min. of Works and Urban Dev., Govt. of BD & ors Vs. Rowshan Ara Begum & anr, 2005, 34 CLC (AD)
....he property is an abandoned property and has vested in the Government, or, in other words, establishing the fact that the property is not an abandoned property and has not vested in the Government is totally on the person who challenges the presumption or, in other words, claiming the property and i......e relevant time and her whereabouts were known, that the alleged oral gift has not been established by examining the persons in whose presence the said gift was claimed to have been made, that in the absence of evidence it is difficult to accept that Sahera Khatun was present in Bangladesh after lib......ty and, as such, the listing of the property was not legal, that the finding of the Court of Settlement as regard the oral gift was contrary to law and that the Court of Settlement upon exceeding its jurisdiction rejected the oral gift made by the original owner of the property to her daughter, Anwa..Category: Property Law | Date: 15 May, 2005 | Hits: 120
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