Judgment search - Chancery Law Chronicles

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Mahmuda Begum and others Vs. Chairman, First Court of Settlement and others, 2005, 34 CLC (HCD)

....de any finding upon no evidence or without considering any material evidence or fact causing prejudice to the complaining party, or it has acted malafide or in violation of the principle of natural justice. In such view of the matter, the scope of enquiry in this Rule with reference to the impugne......983 in view of Article 6 of the PO No.16 of 1972. The original owner Abdul Kaiyum left the country leaving behind the case property uncared for at the time of promulgation of the PO No.16 of 1972 and accordingly, the case property assumed the character of an abandoned property and thenceforth the ......�Petitioners Vs. Chairman, First Court of Settlement and others…………………………Respondents Judgment May 25, 2005. Result: The Rule is made absolute. Cases Referred to- Secretary, Ministry of Works and others Vs. Kazi Ashrafuddin Ahmed, 55 DLR (AD) 16; Secretary......dhury 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 respondent No.1 should not be declared to be without lawful authority and of no legal effect. Further, Rule was issued upon the respondent No.2 to show c..

Category: Property Law | Date: 25 May, 2005 | Hits: 33

Abdul Momen Chowdhury and others Vs. Bangladesh and others, 2005, 34 CLC (HCD)

....feel it necessary to adjourn the matter. 3. The case of the petitioners, in short, is that they are committed social workers and political activists for bringing social, economical and political justice to the people. It appears that the Petitioners filed this application out of their sense of ......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. ......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 (AD) 111; Rashid A......of utmost importance and they have right to elect or reject a candidate on the basis of antecedents and past performance of the candidate and whether they are competent to discharge the function as a law maker and represent the people in the House of the Nation. The further case of the petitioner is..

Category: Election Law | Date: 24 May, 2005 | Hits: 11

Suo Moto Ex-parte Order 2005

....ment Md. Abdul Matin J.- Since our Republic was established pledging amongst others the rule of law and fundamental human rights ensuring to every citizen a right to have unimpeded access to justice and to the Courts of law, it is the Constitutional duty of this Court to protect such right......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. ......007) 66. ......AFM Abdur Rahman J Judgment May 23, 2005. Suo Moto Ex-parte Order 2005. Judgment Md. Abdul Matin J.- Since our Republic was established pledging amongst others the rule of law and fundamental human rights ensuring to every citizen a right to have unimpeded access to jus..

Category: Others | Date: 23 May, 2005 | Hits: 13

New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)

....s been obtained by exercising fraud not only upon the Trade Marks Registry but also the Petitioner and in view of these circumstances it is submitted that it has now become imperative for the ends of justice and fair play that the impugned registered trade mark be removed by way of rectification fro......to the impugned registration of Trade Mark No.66879 in Class-29 should not be removed from the Register of Trade Marks (hereinafter referred to as "the Register") and the Register rectified accordingly. 2. It is started in the Application that the Petitioner is the successor-in-intere......BLD (HCD) (2010) 24. ......rogation of the provisions in Sections 10(1) and 8(a) of the Act where there is a prohibition against registration of identical or similar trade marks. It is submitted that given this position of the law the application so filed by the Opposite Party No.1 ought to have been refused by the Opposite P..

Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187

Muzaffar Hossain Sarker (Md.) Muzaffar Hossain Sarker (Md.) Vs. State, 2002, 31 CLC (HCD)

....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. ......9 of the Penal Code read with section 5(2) of the Prevention of Corruption Act for getting promotion submitting false HSC certificate to which the appellant pleaded not guilty and claimed to be tried according to law. 5. The prosecution has examined as many as 14 witnesses while the defence exa......……Respondent Judgment May 16, 2005. Result: The Appeal is allowed. Lawyers Involved: Nazrul Islam, Advocate- For the Appellant. MU Ahmed, Assistant Attorney-General- For the Respondent-State. Criminal Appeal No. 3458 of 2002. Judgment ......l Code read with section 5(2) of the Prevention of Corruption Act for getting promotion submitting false HSC certificate to which the appellant pleaded not guilty and claimed to be tried according to law. 5. The prosecution has examined as many as 14 witnesses while the defence examined none. ..

Category: Criminal Law | Date: 16 May, 2005 | Hits: 3

Sheikh Abdul Quddus Vs. Akram Sheikh @ Akram and others, 2005, 34 CLC (HCD)

....at the learned appellate Court without proper appreciation of the evidence, of the witnesses most illegally allowed the appeal setting aside the order of the trial Court which has caused a failure of justice. He further submits that appellate Court misread mis-appreciated and misinterpreted the evid......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. ......r the number 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 th....... 31. In this context it must be remembered that the first information report is not the encyclopedia. It is neither the beginning nor the ending of every case. It is only a complaint to get the law or order in motion. It is only an initiative to move the machinery and to investigate into a cog..

Category: Evidence Law | Date: 16 May, 2005 | Hits: 4

State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)

....se. The charge sheet submitted against them is illegal and the respondents cannot be harassed in such a murder case. It will be an abuse of the process of the Court and in order to secure the ends of justice the proceeding against them should be quashed. 5. The High Court Division discu...... 161 of the Code of Criminal Procedure there was material alteration relating and embellishment in between the two statements of the concerned witnesses examining within a span of almost of month and accordingly the High Court Division on application of judicial mind considering the statement includ...... Md. Abdus Sabur and another (In Criminal Appeal No. 7 of 1999)………………..Respondents Judgment May 16, 2005. Cases Referred to- Abdul Quader Vs. State, 28 DLR (AD) (1976)38, Ghulam Muhammad Vs. Muzammel Khan, P...... under the facts and circumstances of the case unless the accused-respondent had gone through the stage under section 265C of the Code of Criminal Procedure, as such High Court Division erred in law in quashing the proceeding. 8. Mr. T.H. Khan with Mr. Habibul Islam Bhuiyan, the le..

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)

....r made any finding upon no evidence or not considering any material evidence/facts causing prejudice to the complaining party or that it had acted malafide or in violation of any principle of natural justice. In the absence of any of these conditions the interference by the High Court Division will ......1972 (President's Order No. 16 of 1972) and the owner of the property having failed to occupy, supervise or manage the property in person the property was rightly treated as an abandoned property and accordingly, listed as an abandoned property and thereupon the list has legally been published in th...... The Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (LIV of 1985) Sections 5(2) & 7 Section 5 (2) of the Ordinance attaches statutory presumption that a particular building listed in the list of abandoned buildings and published......igh Court Division in Writ Petition No. 448 of 1988 making the Rule absolute and thereupon declaring that the property in question has been listed in the 'Kha' list of the abandoned buildings without lawful authority and the same is of no legal effect and that made further direction to the Governmen..

Category: Property Law | Date: 15 May, 2005 | Hits: 120

Jamuna Builders Ltd. and another Vs. Rajdhani Unnayan Kartripakkha and another, 2005, 34 CLC (HCD)

.... without issuing any prior notice for showing cause and without giving, the petitioner an opportunity of personal hearing and, as such, the respondents have grossly violated the principles of natural justice and also violated the fundamental rights of the petitioner No.2 guaranteed under Articles 27......n 10‑8‑2002 requesting the petitioner to submit to the Rajuk approved Plan within 3 days upon receipt of the said letter and upon failure to produce such document, necessary action would be taken according to law. A report was published in the daily Janakantha dated 10‑8‑02 (Annexure-A‑I) ......an Kartripakkha and another……………………..Respondent Judgment May 9, 2005. Result: The Rule is made absolute. Case Referred to- Authorised Officer, DIT Dacca Vs. Mr. AW Mallik and others, 20 DLR (SC) 229. Lawyers I......alling upon the respondents to show cause as to why the impugned memo No. Rajuk/Na Aa Aa/2C-85/2202/599/Stha: dated 17‑11‑2002 (Annexure-A) should not be declared to have been issued without lawful authority and is of no legal effect and why the respondents should not be directed to give fo..

Category: Administrative Law, Company Law | Date: 9 May, 2005 | Hits: 9

Debobrota Baiddya @ Debu Vs. State, 2005, 34 CLC (HCD)

....ganj PS Case No. 3 dated 3-11-2002 under sections 6/7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and he be discharged from his bail bonds. Ed. This Case is also Reported in: 58 DLR (2006) 71....... his own accord along with his friend (accused) on a pleasure trip. Though name of PW Md. Golam Mortuza appears in charge-sheet as witness no statement of said witness was available in the case diary according to official information received from the concerned bench assistant. 12. Section 6 of N......am Chowdhury J Emdadul Haque Azad J Debobrota Baiddya @ Debu.........Accused Appellant Vs. State ……………………………..Respondent Judgment May 9, 2005. Case Referred to- Nazrul Islam vs. State, 50 DLR 103, Khondker Moniruzzaman vs. State, 1997 BLD (AD) 54 = 1 BL......ation police submitted charge-sheet against the appellant for alleged exporting child Chinmoy as well as kidnapping the victim after calling from his house on making plea to go to private tutor for unlawful and immoral purpose under sections 6/7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000. 4. T..

Category: Women and Children | Date: 9 May, 2005 | Hits: 84

Md. Abdul Halim Miah and others Vs. Bangladesh and Other, 2005, 34 CLC (AD)

....m the dates of their respective appointments on ad hoc basis. The Appellate Division while allowing the appeal in the aforesaid decision found that: "The main ground of the classification is to do justice to a larger number of ad hoc employees appointed during this period as a matter of policy as......e Commission, the Ministry of Communication and the department of Roads and Highways made enquiries for a long time but did not find evidence of the failure of the writ-petitioners before the PSC and accordingly the PSC by the letter dated 22.9.86 (vide Annexure—F) requested the Ministry of Comm...... Md. Abdul Muktadir and others…………Respondents (In Civil Review Petition Nos. 45 & 51 of 2004) Judgment May 9, 2005. Result: The petitions are dismissed. Cases Referred to- Bangladesh Vs. Azizur Rahman and others, 46 DLR (AD) 19; Zenith Packages Ltd. Vs. Member, L......1-79 at serial Nos. 115 of 1983 therein (Annexure—'N') and the remarks under clause 9 of the gradation list against the names of the writ petitioner-respondents unconstitutional, void and without lawful authority and further directing the writ respondent nos. 1-10 to follow the final gradation..

Category: Employment/Service Law | Date: 9 May, 2005 | Hits: 119

Afzalul Haque (Md.) and others Vs. Md. Abdur Razzaque, 2005, 34 CLC (HCD)

....landlord petitioners. Send down the lower Court's record with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 185. ......hedule of the plaint. 3. The case of the plaintiff-petitioner is that the defendant being a furniture merchant took lease of the suit premises from the plaintiff to use it as a showroom and accordingly, an agreement was signed on 27-2-1979 between the parties and the monthly rent was fixed...... May 4, 2005. Result: The Rule is made absolute. Under section 115(1) of the Code of Civil Procedure, the High Court Division, in exercise of its revisional jurisdiction, is competent to interfere with the Judgment of Court below only when there is a misreading and non-consideration ......s been damaged and, as such, the defendant is liable for eviction from the suit premises. In view of this, the plaintiffs served a notice under section 106 of the Transfer of Property Act through his lawyer to the defendant, for vacating the premises but in spite of receiving this notice the defenda..

Category: Tenancy Law | Date: 4 May, 2005 | Hits: 25

Bangladesh rep. by the Ministry of Works & ors Vs. Nasima Khatoon and others, 2005, 34 CLC (AD)

....rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ......rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ...... CJ MA Aziz J Amirul Kabir Chowdhury J Bangladesh represented by the Ministry of Works & ors …...... Appellants Vs. Nasima Khatoon and others...................Respondents Judgment May 4, 2005. ......at 28/1, Nabin Chandra Goswami Road, PS Faridabad, Dhaka which belonged to her husband Mr Md Akhtar who purchased it by a registered deed dated 28‑3‑1956. During the war of liberation the law and order situation compelled the writ petitioners' mother to keep the premises in question unde..

Category: Property Law | Date: 4 May, 2005 | Hits: 115

Jahangir Mohammad Adel and two others Vs. Government of Bangladesh, Represented by the Secretary, Ministry of Education and others, 2005, 34 CLC (HCD)

.... Ghosh Street, Armanitola , Dhaka to its owners within 4(four) months from the date of receipt of this order of this Court. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 73. ...... Ghosh Street, Armanitola , Dhaka to its owners within 4(four) months from the date of receipt of this order of this Court. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 73. ......h, Represented by the Secretary, Ministry of Education and others…………………….Respondents Judgment May 3, 2005. Result: The Rule is made absolute. Case referred to- Porimol Kumar Dey and others Vs. D.C. Bakerganj and others, 19 DLR 210. Lawyers Invo......petition for sale of two storied old building of New Govt. Girls High School at 2, K.P. Ghosh Street, Armanitola, Dhaka issued by respondent No.5 should not be declared to have been issued without lawful authority and is of no legal effect. 2. The case of the petitioners, briefly, be put th..

Category: Property Law | Date: 3 May, 2005 | Hits: 3

M Moinul Khan Vs. State, 2005, 34 CLC (HCD)

.... there is neither any complaint for the commission of an offence nor any recommendation for taking action in respect of such offence, against the accused persons, the Tribunal may, in the interest of justice, if deems lit and proper assigning reasons, take cognisance of the offence concerned against......the learned Magistrate, 1st Class, opined that the allegation made in the petition of complaint dated 20-5-2004 is correct and a prima facie case is very much made out against the accused persons and accordingly, he submitted the inquiry report for taking appropriate action against the accused perso......…………………..Respondent. Judgment May 3, 2005. Lawyers Involved: Md. Showkat Ali Khan with Rehan Husain, Advocates—For the Appellant. Md. Humayun Kabir Bulbul, Assistant Attorney- General with Md. lqbal Kabir, Assistant Attorney- General—For the State. Criminal Appea......is Court. 4. Mr. Rehan Husain, the learned Advocate appearing on behalf of the complainant appellant, submits that the learned Judge of the Nari-o-Shishu Nirjatan Daman Tribunal committed error of law in passing the impugned order dated 9-6-2004 rejecting the inquiry report submitted by the learn..

Category: Women and Children | Date: 3 May, 2005 | Hits: 98

Md. Farid Uddin Ahmed Vs. Atahar Uddin and another, 2005, 34 CLC (HCD)

.... Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 186. ...... Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 186. ......t-appellant Vs. Atahar Uddin and another……………………Accused-respondent Judgment May 2, 2005. Result: The appeal is dismissed. Cases Referred to- 13 MLR (HCD) (2008) 161; AIR 1936 (Pc) 53; Abul Kalam Azad Vs. The State, 48 DLR 294; Nag......ence on record and critical analysis of the case it appears that the charge under section 409 of the Penal Code and 5(2) of the Act II of 1947 were not framed against the accused in accordance with law, in as much as the charge do not contain particulars as to the time and place of the alleged of..

Category: Criminal Law | Date: 2 May, 2005 | Hits: 2

Md. Abdur Rahman Faroque Vs. Md. Shamsul Hoque and another , 2005, 34 CLC (AD)

.... with the judgment consequently the order of the SCC Court setting aside the ex parte decree was not legal. The learned Counsel submits that there should be attempt by the court to serve the cause of justice and as such the court should not read something in a particular provision of law which lead ......he background of the discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 181. ....... Shamsul Hoque and another……………………………..Respondent Judgment May 2, 2005. Result: The appeal is dismissed. The Small Cause Courts Act, 1887 (IX of 1887) Proviso to Section 17(1) Whether for setting aside of an ex parte decree for ejectment of a monthly tena...... decree was not legal. The learned Counsel submits that there should be attempt by the court to serve the cause of justice and as such the court should not read something in a particular provision of law which lead to denial of justice. In expounding the said submission the learned Counsel submits t..

Category: Civil Law | Date: 2 May, 2005 | Hits: 119

Anowar Hossain (Md.) and another Vs. Bangladesh and others, 2005, 34 CLC (HCD)

....ejected without any order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 512. ......ejected without any order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 512. ......oner Vs. Bangladesh and others….......................................Respondents Judgment April 24, 2005. Result: The application is rejected. Case Referred to- 1995 BLD (AD) 12. Lawyers Involved: Mahmudul Islam with Probir Neogi, Advocate�......4/04-50 dated 4‑1‑2005, requiring the petitioner to remove the building constructed without any approved plan, evidenced by Annexure‑F to the writ petition, should not be declared to be without lawful authority, on the assertions of the writ petitioner that the building has been constructed as..

Category: Civil Law | Date: 25 Apr, 2005 | Hits: 4

Montu and others Vs. State, 2005, 34 CLC (HCD)

....n dated 23‑5‑2004 passed by the learned Magistrate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504. ......n dated 23‑5‑2004 passed by the learned Magistrate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504. ............Petitioners Vs. State...................................................Opposite Party Judgment April 20, 2005. Result: The Rule is discharged. Cases Referred to- Mohammad Ali and others Vs. State, 37 DLR 261;Nilkanta Ghose Vs. Afiruddin, 9 DLR 586; Bima......ring the facts and circumstances of the case and evidence on record passed the impugned judgment on the basis of mere surmise and conjecture and he passed the order of conviction and sentence in an unlawful manner and the court of appeal below also without applying with judicial mind dismissed the a..

Category: Criminal Law | Date: 20 Apr, 2005 | Hits: 1

Sohel Rana (Md.) Sohel Rana (Md.) Vs. State, 2005, 34 CLC (HCD)

....or information and necessary action. Send down the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ......hat the victim was senior to the jail appellant by age. Learned Tribunal failed to appreciate that there was no element of rape in the case as exposed in the evidence of the victim P.W.1 herself. So, according to him, the impugned judgment and order of conviction and sentence is liable to be set asi......shu Nirjatan Daman Ain(VIII of 2000) Section 9 (1) Lawyers Involved: Md. Khalilur Rahman Bhuiyan, Government Legal Aid Panel Advocate- For the Appellant. Fara Mahmuda, Assistant Attorney-General- For the Respondent. Jail Appeal No.327 of 2004. Judgment Sheikh Rezow......e jail appellant under section 9(1) of the Ain, 2000. On conclusion of investigation-police submitted charge sheet against the jail appellant for the offence punishable under the aforesaid section of law. The offence being triable by the Nari‑o‑Shishu Nirjatan Daman Tribunal the record of the ca..

Category: Criminal Law, Women and Children | Date: 19 Apr, 2005 | Hits: 1

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