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Mansur Ali Howlader Vs. Nurul Islam Howlader, 2004, 33 CLC (HCD)
....ppeal in accordance with law and to dispose of the appeal within 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 58 DLR (2006) 304, 26 BLD (HCD)(2006) 53.......der appealed from adversely affects a person he should be permitted to challenge the same in appeal even if he was not made a party to the original suit or proceeding. The Court should proceed on the principle that every procedure which furthers administration of justice is permissible even if there......brief, is that the predecessor of the opposite parries Nos. 1-16. Sadek Hossain Howlader (since deceased) as plaintiff filed Title Suit No. 285 of 1971. in the Court of the Subordinate Judge, Barisal for declaration of title against the opposite parry Nos. 17-22 over the land described in the schedu......ppeal in accordance with law and to dispose of the appeal within 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 58 DLR (2006) 304, 26 BLD (HCD)(2006) 53...Category: Property Law | Date: | Hits: 81
Abdur Rashid Salam Vs. Md. Moniruzzaman, 2005, 34 CLC (HCD)
....o granted earlier by this court is also vacated. Send down the lower court records at once if already received by the office of this Court. Ed. This Case is also Reported in: 58 DLR (2006) 298. ......n 2 of the Code also includes a decree on rejecting of a plaint. It appears from the facts that the impugned decree rejecting the plaint has been passed under clause (a) of rule 11. This is a settled principle that a court can reject a plaint under clause (a) on a plain reading of the same. The tria......Khan, Advocate—For the Petitioner. Sk Md. Morshed, Advocate—For the Opposite Party. Civil Revision No. 1780 of 2004. Judgment Md. Abdul Aziz J. - This Rule has been posted in the list for hearing on the prayer of both the sides on maintainability of the same on the application filed ......s the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within section 144. But shall not include (a) any adjudication fro..Category: Procedural Law | Date: | Hits: 90
Nabisco Biscuit and Bread Factory Ltd. Vs. Baby Food Products Ltd. and another, 2005, 34 CLC (HCD)
....ected to take necessary steps in accordance with law to effect rectification of the Register of Trade Marks in the light of this Judgment. Ed. This Case is also Reported in: 58 DLR (2006) 287. ......st nineteen and half (19'/2) years and has acquired a very good reputation and goodwill in the market and, as such, the application for rectification is barred by limitation and also barred under the principle of estoppel, waiver and acquiescence by conduct. It is contended that the mark registered ......teps in accordance with law to effect rectification of the Register of Trade Marks in the light of this Judgment. Ed. This Case is also Reported in: 58 DLR (2006) 287. ......ected to take necessary steps in accordance with law to effect rectification of the Register of Trade Marks in the light of this Judgment. Ed. This Case is also Reported in: 58 DLR (2006) 287. ..Category: Intellectual Property Law | Date: | Hits: 386
Motleb Mondal Vs. State & others, 2005, 34 CLC (HCD)
....57/2000 in accordance with law and in the manner as directed in the cited decision as reported in 18 DLR SC 474. Copy is sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 282. ......t information report and complaint over same incident are to be tried and disposed of fairly and properly according to law. He submits that there cannot be any scope to evade the application of above principle as enunciated in above decision by the Honorable Supreme Court. He contends that trial Jud...... Criminal Procedure at the instance of Motleb Mondal, complainant-petitioner of Session Case No. 28/2001 arising out of Complaint Case No. 25/96 under sections 147/148/149/302/114, Penal Code filed before Cognizance Court Jenaidah, was issued calling upon opposite party Nos. 1-11 including State, op......57/2000 in accordance with law and in the manner as directed in the cited decision as reported in 18 DLR SC 474. Copy is sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 282. ..Category: Criminal Law | Date: | Hits: 41
Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed and others, 2006, 35 CLC (HCD)
....aside and the original suit being Miscellaneous Appeal No. 76 of 1992 be restored to its original file and number. Ed. This Case is also Reported in: 58 DLR (2006) 277, 26 BLD (HCD) (2006) 388. ......94. This date was fixed for filing basic documents but not ex parte hearing. The learned trial Court without fixing another date for ex parte hearing passed ex parte order on that date. It is settled principle of law that; unless the suit is fixed for hearing on a particular date, the court is not e......f 1994 rejecting the application under Order IX, rule 13 of the Code of Civil Procedure. 2. The opposite party No.1 Syed Saifuddin Mohammed Jabeed as plaintiff instituted Other Suit No 76 of 1992 for declaration of title, separate possession and partition in the First Court of Subordinate Judge,......ide the ex parte judgment. It is not true that his lawyer was engaged in the learned District Judge's Court on the date fixed for hearing and his prayer was rightly rejected. 17. Now the point for determination is, whether the learned Court below committed any error of law in passing the impugned..Category: Property Law | Date: | Hits: 115
Kazi Rashed Akhter Shahid (Prince) Vs. Rokshana Choudhury (Sanda), 2006, 35 CLC (HCD)
....of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 271, 26 BLD (HCD) (2006) 613. ......of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 271, 26 BLD (HCD) (2006) 613. ......e case. 2. The plaintiff-opposite party Most Rokshana Choudhury (Sanda) filed Family Suit No. 11 of 1999 in the Court of the learned Senior Assistant Judge, Sadar and Family Judge, Tangail praying for declaration that the divorce dated 22-5-1998, 22-6-1998 and 22-7-1998 is illegal and void and fo......argument of the learned Advocate for the petitioner was that Talaq pronounced by the petitioner has become effective and the marriage between the parties has been terminated. 17. Now the point for determination is, whether the talaq pronounced by the petitioner has become effective and whether th..Category: Family Law | Date: | Hits: 184
State Vs. Harun Chowdhury, District Magistrate and Mostafa Kamal, SP Sylhet, 2005, 34 CLC (HCD)
....tafa Kamal, Superintendent of Police, Sylhet are exonerated from the charge of contempt of Court and they are warned to be careful in future. Ed. This Case is also Reported in: 58 DLR (2006) 267.......tate reported in 38 DLR (AD) 188 at page 194 paragraph 18 the Appellate Division of the Supreme Court of Bangladesh having concurred with a decision of the Supreme Court of Pakistan laid down certain principles in the matter of acceptance of apology in the following terms: "In considering whether th......Motu Contempt Rule was issued calling upon Mr. Harun Chowdhury, District Magistrate, Sylhet and Mr. Mostafa Kamal, Superintendent of Police, Sylhet to show cause as to why they should not be punished for committing contempt of Court for violating the orders dated 8-3-2005 and 2-4-2005 passed by this......tafa Kamal, Superintendent of Police, Sylhet are exonerated from the charge of contempt of Court and they are warned to be careful in future. Ed. This Case is also Reported in: 58 DLR (2006) 267...Category: Civil Law | Date: | Hits: 1272
MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)
....nal District Judge and Bankruptcy Court, Chittagong in Bankruptcy Case No. 6 of 2000 is declared to have been passed with lawful authority. Ed. This Case is also Reported in: 58 DLR (2006) 258. ...... Court by a creditor after 90 days of due service of a formal demand notice. In this situation, we are confronted with the task of interpreting the relevant provisions of Rule 33(2) of the Rules. The principle of interpretation of a statute was explained in the case of Messrs Speed Bird Navigation C......as to why the impugned order No. 16 dated 20-11-2000 passed by respondent No. 1 in Bankruptcy Case No. 6 of 2000 (Annexure-D) and the subsequent proceedings in Bankruptcy Case No. 6 of 2000 pending before respondent No. 1 should not be declared to have been passed without lawful authority and to be ......ষ্ট না হইলে আদালত উহা খারিজ করিয়া দিব।’’ 22. Section 28 of the aforesaid Act provides for dismissal of the plaint which requires determination of both questions of law and fact. From the very scheme of the Act, it appears that in..Category: Civil Law | Date: | Hits: 131
Abi Abdullah (Md.) and others Vs. Government of Bangladesh, 2005, 34 CLC (HCD)
.... petitioners are concerned. In the result, the Rule is made absolute so far as it relates to the petitioners without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 250. ...... petitioners are concerned. In the result, the Rule is made absolute so far as it relates to the petitioners without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 250. ...... Madanpur and Madhupur under Police Station Daulatkhan, District Bhola and while they were in possession being owners of the said lands owing to serious erosion of river Meghna the whole area of the aforesaid Mauzas were washed away and diluviated in 1960-1962. 4. Ultimately, the lands of above M......were passed. On 13-7-94 the State Acquisition and Tenancy (Amendment) Act, 1994 was promulgated substituting in place of the old section 86 with regard to abatement of rent on account of diluvion and determination of right in land re-appearing on account of alluvion. By the said Act, the right, titl..Category: Property Law | Date: | Hits: 99
Abdur Razzaque Zoarder and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....n light of the above, this Court finds substance in this Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 245. ......ember Committee on appointment/ promotion/absorption was formed to enquire into their cases and which subsequently recommended the seniority of the respondents to be determined in accordance with the principle of the Next below Rule. Proceeding on this recommendation the said Ministry directed the B......e serving in the BWDB as Sub-Assistant Engineers. They variously obtained BSc in Engineering from BIT Gazipur or AMIE Degree from the Institution of Engineers Bangladesh (IEB) and applied to the BWDB for appointment/ absorption as Assistant Engineers. They underwent an oral examination in 1995 and a......en passed without lawful authority and to be of no legal effect. This Court upon a perusal of these two provisions of the Rules notes that a distinction is indeed, made under the Rules concerning the determination of seniority accruing on first appointment and that accruing on promotion, the relevan..Category: Employment/Service Law | Date: | Hits: 79
Executive Engineer, Sylhet Public Works Department Vs. Md. Asob Ali, 2005, 34 CLC (HCD)
....o costs. The order of stay passed at the time of issuance of the Rule is hereby vacated. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 58 DLR (2006) 236. ......ompetent authority, to hold a fresh auction after about 14 months keeping the plaintiff in uncertainty for such a long period. Mr. Mainuddin further submits that such action was also violative of the principle of natural justice and also harassment of the plaintiff whose business money was blocked f......……………………………………………….Opposite Party. Judgment August 17, 2005. Case Referred to- 2 MLR (AD) 109. Lawyers Involved: Md. Azizul Haque, with Md. Jafor Ali. Assistant Attorney-General and Md. Iqbal Hossain, Assistant Attorney-General—For the Peti......o costs. The order of stay passed at the time of issuance of the Rule is hereby vacated. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 58 DLR (2006) 236. ..Category: Business or Commercial Law | Date: | Hits: 209
Badel Alam Howlader Vs. Falu Dewan and others, 2004, 33 CLC (HCD)
....ly within a period of 3 (three) months from the date of receipt of this order. Communicate the order and send down the lower Court records. Ed. This Case is also Reported in: 58 DLR (2006) 218. ......nt grounds. He submits that since the kabuliat was executed and registered, it could not be cancelled without issuing a show cause notice upon the opposite-parties, such action being violative of the principle of natural justice. It was further submitted by Mr. Khan that the lower appellate Court co......n Other Class Suit No. 31 of 1995 by the Senior Assistant Judge, Haluaghat Court, Mymensingh, the defendant-respondent-petitioner moved this Court and obtained the instant Rule. 2. Facts necessary for disposal of the Rule, briefly stated, are as under the plaintiff-appellants-opposite party Nos. ......ly within a period of 3 (three) months from the date of receipt of this order. Communicate the order and send down the lower Court records. Ed. This Case is also Reported in: 58 DLR (2006) 218. ..Category: Property Law | Date: | Hits: 66
Afil Jute Mills (Pvt) Ltd. and others Vs. Bangladesh, 2006, 35 CLC (HCD)
.... Rule and it must fail. In the result, the Rule is discharged for the above reasons without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 207, 26 BLD (HCD) (2006) 361. ...... Rule and it must fail. In the result, the Rule is discharged for the above reasons without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 207, 26 BLD (HCD) (2006) 361. ...... Taka 79,13,42,887.12 against the petitioners should not be declared to have been made and issued without any lawful authority and of no legal effect. 2. Subsequently, when the matter was taken up for hearing, an application for supplementary Rule was filed on behalf of the petitioners seeking to......ions including the banks although the element of debt is the common factor in both the legislations. 10. From the tenor of arguments advanced by the parties in the case the question that falls for determination is, whether the equality clause under Article 27 of the Constitution Has been disregar..Category: Civil Law | Date: | Hits: 125
HRC Shipping Ltd. Vs. MV X-Press Manaslu, MV X-Press Resolve & others, 2006, 35 CLC (HCD)
.... The defendant No. 1 is directed to bear all expenses of the Marshal and his team in connection with the release of the vessel. Ed. This Case is also Reported in: 58 DLR (2006) 185; 12 MLR 265. ...... The defendant No. 1 is directed to bear all expenses of the Marshal and his team in connection with the release of the vessel. Ed. This Case is also Reported in: 58 DLR (2006) 185; 12 MLR 265. ......…..Plaintiff Vs. MV X-Press Manaslu, MV X-Press Resolve & others………Defendants. Judgment February 6, 2006. Result: The vessels MV X-Press Manaslu and MV X-Press Resolve forthwith be released from arrest. Words and phrases Act of God A loss occasioned by an A......s given in the judgments referred to above are applicable in the present case and fully support the contentions of the learned Advocate for the defendant Nos. 1, 2 and 15 14. The next question for determination is, whether the vessel MV Jaami which carried the goods from Chittagong to Colombo is ..Category: Admiralty Law or Maritime Law | Date: | Hits: 314
Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)
....Industries is now obliged to return the money received in respect of schedule-1 (kha) property to the plaintiff. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 176. ......led to rely on their having the authority which they assume. He does not know, and cannot be expected to know, the limits of their authority and he ought not to suffer if they exceed it. That was the principle which I applied in Rebertson Vs. Minister of Pensions and it is applicable in the present ......st the decree dated 29-7-98 passed by Subordinate Judge, Court No. 1 at Comilla in Title Suit No. 58 of 1997, which decreed the suit. 2. Respondent No. 1 as plaintiff on 3-9-97 instituted the suit for specific performance of a contract dated 16-1-95 for sale of the suit land along with shops ther......ever ever admitted the Ministry of Industries as lessor of said 1-(kha) property. Determination of the value of the property by any order of said Ministry or payment of any money on the basis of such determination must be held to be without any lawful authority and jurisdiction. The Ministry of Indu..Category: Property Law | Date: | Hits: 159
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....ppeal from the judgment and order passed by me and, in the meantime, the parties are directed to maintain status quo in all respects. Ed. This Case is also Reported in: 58 DLR (2006) 117. ......ss Appellate Board as provided under section 12A of the Printing Presses and Publications (Declaration and Registration) Act, 1973. (d) Rule in Writ Petition No, 2746 of 1997 is also hit by the principle of res judicata inasmuch as the point involved in the present Rule has already been decide......Ittefaq Group of Publications Ltd., should not be declared to have been made illegally and without lawful authority and is of no legal effect. 5. The broad facts leading to the issuance of the aforesaid Rules are substantially the same which are shortly stated as under: Ittefaq Group of......ubmissions made by Mr. Imam. In all these three writ petitions and the pending civil suits interpretation of Article 147(3) is involved. It therefore, appears that the point involved does not require determination of disputed questions of fact by taking evidence. The present writ petitions are there..Category: Information Technology Law | Date: | Hits: 324
Sushovan Guha and others Vs. Mahbubul Mannan Chowdhury and others, 2005, 34 CLC (HCD)
....s directed to dispose of the revisional application within 2(two) months from the date of the receipt of this order. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 100.......s directed to dispose of the revisional application within 2(two) months from the date of the receipt of this order. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 100....... the learned Additional District Judge, Bankruptcy Court. Chittagong. in Civil Revision No. 88 of 2004 in issuing notices upon the opposite party No. 1 to 3 by the learned District Judge, Chittagong, for the selfsame application for stay. 2. The petitioners as plaintiffs instituted the other Suit......-5-2004 should not be stayed vide order No. 3 dated 22-5-2004 which was already directed by the learned District Judge without passing any order on merit which is highly illegal. 10. The point for determination is whether the learned Additional District Judge committed any error of an important q..Category: Procedural Law | Date: | Hits: 77
Government of Bangladesh Vs. Helal Jute Press Ltd. and others, 2009, 38 CLC (AD)
....ntenance of the godowns within 10 months be set aside. There shall be no order as to cost. Ed. This Case is also Reported in: 8 LG (AD) (2011) 70, VIII ADC (2011) 376, 31 BLD (AD) (2011) 86. ...... of the writ-respondent No.1-appellant as to 27,450 shares is to be dealt with in accordance with law if there is any bona fide claim of the writ-petitioners-respondents. In view of the established principle of law that disputed question of fact cannot be decided in writ jurisdiction, the amount...... at Daulatpur, Khulna together with all 25 godowns on the premises preferably with vacant possession or with tenants to the present respondents and pay the rents realized excluding the amount spent for the maintenance of the godowns within 10 months from date. 2. Facts, in short, are that the w......ntenance of the godowns within 10 months be set aside. There shall be no order as to cost. Ed. This Case is also Reported in: 8 LG (AD) (2011) 70, VIII ADC (2011) 376, 31 BLD (AD) (2011) 86. ..Category: Property Law | Date: | Hits: 128
....ts.
The impugned judgment and order passed by the High Court Division making the Rules absolute are set aside.
Ed.
This Case is also Reported in: 16 BLC (AD) (2011) 9, VIII ADC (2011) 146.
...... in the bid-submittal of DCL and Associates; did not prove into the deviations in the proposal of EPI-BFEW consortium to determine whether the deviations of EPI-BFEW can be considered as minor if the principle they applied in case of DCL-SBA Associates also stood good for EPI-BFEW Consortium. The le......T No. MWSP-WTP-01/2005 issued on 04-07-2005 by the writ-respondent No. 5.
2. The facts involved in the case, in short, are that the respondent as the writ-petitioner filed the said writ petition before the High Court Division challenging the decision of the Cabinet Purchase Committee dated 21-8-2......ts.
The impugned judgment and order passed by the High Court Division making the Rules absolute are set aside.
Ed.
This Case is also Reported in: 16 BLC (AD) (2011) 9, VIII ADC (2011) 146.
..
Category: Others | Date: | Hits: 164
....rials on record and hence no interference is called for.
Accordingly the application for leave to appeal is dismissed without costs.
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 105.......wo S.A. Khatian being Exhibit Kha (2) contained the name of the C.S. recorded tenants along with the name of the predecessors of the plaintiff. In this connection Mr. Dhali submits that it is settled principle of law that the last record of right will prevail than the earlier record of right, in sup......(1990) 434; Erfan Ali Vs. Joynal Abedin Mia, 35 DLR (AD) 216.
Lawyers Involved:
Md. Ibrahim Khalil, Advocate-on-Record-For the Petitioner.
Not represented-the Respondents.
Civil Petition for Leave to Appeal No. 429 of 2008.
(From the judgment and order dated 03.01.2006 passed by the ......rials on record and hence no interference is called for.
Accordingly the application for leave to appeal is dismissed without costs.
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 105...
Category: Property Law | Date: | Hits: 81
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