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....and it is also clearly mentioned in the affidavit-in-opposition that several lives were lost in that clash. The loss of lives shows that situation was very grave and the law enforcing agencies had no alternative but to take stern action to stop the clashes between the two groups and for that purpose......s. State of UP AIR 1981 (SC) 2198; Bangladesh vs. Hossain Mohammad Ershad 52 DLR (AD) 172.
Lawyers Involved:
Fazlul Karim with Rafiqul Islam, Rabia Bhuiyan and AKM Mujibur Rahman, Advocates—For the Petitioners.
Tariqul Hakim, Deputy Attorney-General with Zaman Akhtar, Assistant Attorney-......any direction in accordance with law in case of holding of any big congregation.
With the observations made above the rule is disposed of.
Ed.
This Case is also Reported in: 54 DLR (2002) 413...
Category: Property Law | Date: | Hits: 25
Osi Meah Sowdager Vs. Tulsidham Akherar Madan Mahan Narasingha and others, 2002, 31 CLC (HCD)
.... No. 130 of 1976 and Other Suit No. 49 of 1976 respectively for declaration of title and recovery of khas possession and for declaration of title and confirmation of possession in the suit or, in the alternative, for recovery of khas possession therein. The case of the plaintiff Deity in Other Suit ......Tulsidham Akherar Madan Mahan Narasingha and others ………………Opposite Parties Judgment May 13, 2002. Lawyers Involved: Not represented— the Petitioner. Bhishna Dev Chakroborty, Advocate—For the Opposite Parties. Civil Revision No. 5361 of 1991 with Civil Revision No......the learned 1st Court of Subordinate Judge, Chittagong for his information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)409...Category: Civil Law | Date: | Hits: 69
Abdul Mannan Miah Vs. Md. Salaiman Miah, 2000, 29 CLC (HCD)
....ned trial Court is directed to dispose of the suit expeditiously preferably within three (3) months from the date or receipt of this judgment. Ed. This Case is also Reported in: 54 DLR (2002)394.......r 13, 2000. Cases Referred To- 48 DLR 28; 50 DLR 548; 1987 BLD (AD) 130; 28DLR 1171; Abdul Jabbar vs. Ahmed Jan PLD 1973 Karachi 289; Burneys Industrial and Commercial Co. Ltd vs. Rahman Match Works PLD 1983 Karachi 357; Flowerdale vs. Hale Electric (1949) 66 RPC 33; Berlei vs. Bali (1970) RPC...... being competent to decide the dispute, granted registration to the defendant considering the merit of the application and so the infringement if any also ceased. Mr. Siddique lastly submits that the remedy of the plaintiff, if any, lies by filing appeal in the High Court Division and having failed ..Category: Intellectual Property Law | Date: | Hits: 200
Zakir Hossain Munshi Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....o be refunded to the petitioner forthwith. In the result, the Rule is made absolute in the foregoing terms without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 130. ......r Hossain Munshi......................Petitioner Vs. Government of the People's Republic of Bangladesh…………………Respondent Judgment July 16, 2002. Cases Referred To- Conforce Ltd Vs. Titas Gas Transmission and Distribution Co. Ltd and another, 42 DLR 33; Shahabuddin (Md...... into existence. Here the Government functions in the capacity as a trader e.g. an ordinary buyer, if there is breach of such contract the aggrieved party can sue for damages or any other appropriate remedy. But not by way of invoking the writ jurisdiction. On the other hand, when the Government ..Category: Information Technology Law | Date: | Hits: 217
Nasir Howlader Vs. State, 2004, 33 CLC (HCD)
....ike spade and gave murderous blow one after another on the occipital region of the head at least to cause such bodily injuries as were likely to cause death of the deceased. As such, we find no other alternative but to say that the accused-appellant had intention at least to cause such bodily injuri......vs. State, 45 DLR (AD) 134; Jatin Chandra Sit and others vs State, 43 DLR (AD) 223 & Abut Kashem and others vs. State, 1990 BLD (AD) 210. Lawyers Involved: Md. Khurshid Alam Khan, Advocate-For the Appellant. SM Aminul Haque, Assistant Attorney-General-For the Respondent. Criminal App...... Judge, Bagerhat is hereby affirmed. Let a copy of this judgment along with lower court's record be sent to the concerned court at once. Ed. This Case is also Reported in: 56 DLR (2004) 151. ..Category: Criminal Law | Date: | Hits: 30
Abdul Motaleb & others Vs. Aftab Miah and another, 2002, 31 CLC (HCD)
.... appellants, as there was no occasion to do so in the absence of any TM 55. Therefore, we find no substance in the appeal which must fail. Ed. This Case is also Reported in: 56 DLR (2004) 145.......7 DLR (SC) 163; Sanatannessa Bewa vs. Haipatullah Sarker and others, 1989 BLD (AD) 1 = 41 DLR (AD) 105. Lawyers Involved: Dr. M Zahir with Syed Mahmudul Ahsan and Mohammad Salauddin, Advocates-For the Appellants. Dr. Kamal Hossain with Gazi Md. Neamat Hossain and Ramjaz Ali Sikder, advocate......idence in rebuttal of the opponent's evidence. Thus, even in the Indian jurisdiction also noncompliance of the Rule disentitles the applicant to get any relief. Be that as it may, the appellant could remedy the situation by filing Trade Mark Form No. 55 i.e. praying for condonation of delay. This ha..Category: Intellectual Property Law | Date: | Hits: 181
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
.... and threatened that he will forcibly occupy the office premises and oust the employees and management executives. This created genuine apprehension in the mind of Mr. Salam, and he, finding no other alternative and being seriously intimidated, formally informed the local police station by filing a ......0, 2003. Cases Referred To- Suresh vs. Vasanta and others, AIR 1972 0f 1680. Lawyers Involved: Dr. Kamal Hossain with Abdul Matin Khasru, Tanjib-ul-Alam and Md. Mozammel Haque, Advocates-For the Petitioner (In Writ Petition Nos. 3488 and 4196 of 2003) A Hasib with Kamal Ziaul Islam, A......ons made and the findings given by us in this judgment will have no bearing in disposing of the suit now awaiting disposal in the court below. Ed. This Case is also Reported in: 56 DLR (2004) 91...Category: Information Technology Law | Date: | Hits: 230
Akhteruzzaman Chowdhury Vs. Hamidul Huq, MD, UCBL and another, 2003, 32 CLC (HCD)
....of the writ petitions was being heard by this court. Therefore, they out of their sincerity informed that in the circumstances they would pray for extension of time in matter No. 60 of 2003 or in the alternative they would apply for extension of time in Matter No. 2 of 2000 for holding the AGM. Ther......month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73.......ne amounting to Taka 2000 to be paid within one month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73...Category: Banking Law | Date: | Hits: 158
Jalal Uddin and others Vs. State, 2003, 32 CLC (HCD)
....em examination on the dead body of the deceased to ascertain the cause of his death together with absence of any alamat in this case justify the defence case as alleged and for which we find no other alternative but to hold that the submissions of the learned Advocate for the appellants have got sub......rs……….Appellants Vs. State ………………………….………Respondent Judgment April 8, 2003. Lawyers Involved: Sheikh Muhammad Sirajul Islam with AKM Shahidul Islam-For the Accused-Appellants. Md. Rabiul Karim, Assistant Attorney General with Snigdha Huq, Assista...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 69...Category: Criminal Law | Date: | Hits: 28
Dulal Mia (Md) Vs. State, 2003, 32 CLC (HCD)
....e‑witness to the occurrence, but for the fact that the deceased while she was in custody of the accused-appellant met with death has not been explained by the accused‑ appellant, we find no other alternative but to hold that the learned trial Court has rightly found the accused-appellant guilty ......78; Abdus Salam vs. State, 19 DLR 98; State vs. Kalu Bepari, 43 DLR 249; State vs. Shafiqul Islam alias Shafique and others, 43 DLR (AD) 92. Lawyers Involved: AM Abdus Sobhan Tarafder Advocate-For the Accused -Appellant. ABM Waliur Rahman Khan, Assistant Attorney General-For the Responden...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 65...Category: Criminal Law | Date: | Hits: 88
Standard Bank Ltd. Vs. Tripos Engineering & Trading Company (GD) and others, 2003, 32 CLC (HCD)
....is directed to make the payment under the letters of credit in question to the Premier Bank without any further delay. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 55.......e, Bahawalpur vs. Sh, Azizi Elahi, 22 DLR (SC) 389; SS Khanna vs. FJ Dillon, AIR 1964 SC 497; Vidya Vati vs. Devi Das, AIR 1997 SC 397; Zyta Garments Limited vs. Union Bank Limited, 55 DLR (AD) 56; Gooryolny (Bd) Textile Limited vs. Chartkan Information Textile Limited and others, 54 DLR (AD) 70; Ta......used in section 115 are 'in which case no appeal lies thereto' and these words clearly mean that no appeal must lie to High Court from the order sought to be revised, because an appeal is much larger remedy than a revision application, and if an appeal lies that would afford sufficient relief and th..Category: Civil Law | Date: | Hits: 100
Uttara Bank Limited Vs. Syed Abidur Reza and others, 2009, 38 CLC (AD)
....in the aforesaid decision and no further discussion is called for and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 470.......sion Judgment here. Supreme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Uttara Bank Limited represented by its Managing Director, 94, Motijheel C/A, Dhaka-1000.............................Appellant Vs. Syed Abidur Reza a......laintiff being an employee of a Commercial Establishment falls within the category of a "worker" as per definition of Section 2 (v) of Employment of Labour (Standing Orders) Act, 1965 and as such his remedy lay before the Labour Court as per decisions referred to in 46 DLR (AD)1, 43 DLR (AD) 154 and..Category: Employment/Service Law | Date: | Hits: 95
Shah Newaz (Md.) and others Vs. Shah Wali and another, 2001, 30 CLC (HCD)
....failed to weigh the nature and character of the suit in the facts and circumstances of the case and committed error in holding that the jurisdiction of the Civil Court was ousted for mere presence of alternative machinery, namely, the Administrator of Waqfs; that both the Courts below failed to cons......astern Limited vs. Burma Eastern Employees Union, PLD 1967 Dacca 190 = 18 DLR 709; Jalaluddin Ahmed vs. Matiur Rahman Khan and others, 41 DLR 77. Lawyers Involved: Md. Samsul Hoque, Advocate—For the Petitioners. Md. Abdus Salam Khan with Aminul Islam Mondal, Advocates—For the Substitute...... any ownership and interest in favour of the plaintiff petitioners for getting permanent injunction. In view of the case law reported in 41 DLR 77, Jalaluddin Ahmed Vs. Matiur Rahman Khan the general remedy of the suit under section 9 of the Code of Civil Procedure will impliedly be barred by sectio..Category: Trust/Waqf Law | Date: | Hits: 187
Pubali Bank Ltd. Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
.... VII rule 11 for rejecting of counter-claim does not in terms of that Order VII rule 11 CPC lie and in such case the plaintiff may take recourse to section 151 CPC for rejection of counter-claim, or, alternatively, the plaintiff may make the maintainability of the set-off or counter-claim an issue o......ibi vs. Mohohar Ali, 39 DLR 68; Feroz Miah vs. Sonali Bank, Wage Earners Branch and others, 48 DLR 279; Md. Nurul Islam vs. Agrani Bank, 49 DLR (AD) 135. Lawyers Involved: MA Tariq, Advocate—For the Petitioners. Rokanuddin Mahmud with Murad Reza, Advocates—For Opposite Party Nos. 1-2. ...... Rin Adalat Act being a special legislation setting up a special court the remedies will follow as provided therein and if there is any exclusion indicated therein as in section 6, it would include a remedy under the general law”. In paragraph 23, the Appellate Division concluded as follows: ..Category: Civil Law | Date: | Hits: 93
Abdul Muhit and others Vs. Social Investment Bank Limited (SIBL) and others, 2001, 30 CLC (HCD)
....). Ekhtiar Hossain, Petitioner No. 3, D Ataur Rahman Talukder, petitioner No. 4, Nargis Mannan and Abul Bashar Bhuiyan to represent the original Directors (Annexure C). Since then the petitioners, as alternative directors, had been receiving notice for attending meetings of Board of Directors. But b......ourt. In view of the above, these applications are rejected without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 306....... company shall be given in writing to every director for the time being in Bangladesh and at his address in Bangladesh” does not specifically provide jurisdiction to this court. Therefore, the only remedy available to the petitioner is the Civil Court and not this Court. In view of the above, t..Category: Company Law | Date: | Hits: 208
....CJ ordained;”It is too plain to be contested that the constitution controls any legislative act repugnant to it; or, the legislature may alter the constitution by an ordinary act. Between these two alternatives, there is no middle ground. The constitution is either a superior, paramount law, uncha......Judgment
August 26, 2010.
Cases Referred to-
Anwar Hossain Chowdhury vs. Bangladesh, 41 DLR (AD) 41, British Railway Board –V- Pickin, 1974 AC 765, Muhammed Omar Khan-v-Crown, 5 DLR (WP Lahore) (1953) 73, State-v-Dosso, 11 DLR (SC) 1, Begum Nusrat Bhutto-v-Chief of Army Staff PLD) 1977 (S......he criminal conviction by lodging an appeal or by resorting to the device known as ‘Case Stated’ , similar to our Section 561A procedure, observed, ”It remains to consider the argument that the remedy of certiorari is not open to the appellant because others were available. It would be ludicro..
Category: Constitutional Law | Date: | Hits: 482
Dr. Mohiuddin Khan Alamgir Vs. Government of the People’s Republic of Bangladesh, 2010, 39 CLC (AD)
....on, because the orders of conviction have not attained finality. It cannot be said that he had no authority to so decide and it also cannot be said that his decision suffers from malice in law. If an alternative interpretation is possible with regard to the issue in question, namely, the effect ......angladesh Election Commission 48 DLR (AD) 208; AFM Shah Alam Vs. Majibul Huq, 41 DLR (AD) 68; Mahmudul Haque (Md) Vs. Md Hedayetullah 48 DLR (AD) 128. Lawyers Involved: Rokonuddin Mahmood, Senior Advocate instructed by Bivash Chandra Biswas, Advocate-on-Record—For the Petitioner. Mahmudu...... rejection of nomination paper set aside in accordance with law, are of no consequence. The leave petition is accordingly dismissed. Ed. This Case is also Reported In: 62 DLR (AD) (2010) 425...Category: Election Law | Date: | Hits: 127
.... at liberty at once, if not required in any other case.
Let an advance order be sent to Superintendent, Barisal Jail, Barisal immediately.
Ed.
This Case is also Reported in: 54 DLR (2002) 266....... Huq J
ABM Khairul Haque J
Aftab Hossain (Md)………………… Petitioner
Vs.
Secretary, Ministry of Home Affairs, Government of People’s Republic of Bangladesh, Secretariat & ors…………………………….. Opposite Parties
Judgment
September 24, 2001.
Case R...... securing the liberty of the subject by affording an effective means of immediate release from unlawful or unjustifiable detention whether in prison or in private custody. The writ is applicable as a remedy in all cases of wrongful deprivation of personal liberty. The illegal detention of a subject,..
Category: Criminal Law | Date: | Hits: 39
Abdus Salam Vs. Md. Munshi Rashed Kamal & another, 2002, 31 CLC (HCD)
....s amended by inserting sub-clauses (2), and (3) in section 138 of the Negotiable Instruments Act and thereby a new horizon in the domain of the Act has been opened and thus it has created not only an alternative remedy but also an enormous scope to ventilate the grievances of the sufferers in a prop......d To- Mir Mohammad Ali vs. State 46 DLR 175; SM Anwar Hossain vs. Md. Shafiqul Alam (Chand); another 1999 BLD (AD) 166 = 4 BLC (AD) 106. Lawyers Involved: Md. Khurshid Alam Khan, Advocate—For the Petitioner GS Hoq—For the Opposite Parties. Criminal Miscellaneous Case No. 3481 of 2...... inserting sub-clauses (2), and (3) in section 138 of the Negotiable Instruments Act and thereby a new horizon in the domain of the Act has been opened and thus it has created not only an alternative remedy but also an enormous scope to ventilate the grievances of the sufferers in a proper forum to ..Category: Criminal Law | Date: | Hits: 62
Elders Ltd. Vs. Sunil Chandra Chowdhury & another, 2002, 31 CLC (HCD)
....ed at a point of time when the stay granted by this Court in Trade Mark Application No. 1 of 2001 was not in force which expired on 11-9-2001 and in these circumstances the contemner was left with no alternative but to take up the aforesaid cases for disposal. Mr. Majumder further submits that again...... only and in default to suffer simple imprisonment for a period of 15 (fifteen) days. Ed. This Case is also Reported in: 54 DLR (2002) 227. ...... sentence him to pay fine of Taka 2,000 (two thousand) only and in default to suffer simple imprisonment for a period of 15 (fifteen) days. Ed. This Case is also Reported in: 54 DLR (2002) 227. ..Category: Intellectual Property Law | Date: | Hits: 181
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