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Anika Ali Vs. Rezwanul Ahsan, 2011, 40 CLC (AD)
....on. This petition is dismissed with the above observations without, however, any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 77, 17 MLR (AD) (2012) 49. ......004, they lived together in the rented accommodation, but the respondent again physically tortured the petitioner on 17.12.2004 and pushed her out of his house and compelled her to divorce him by the power given to her in the Kabinnama and accordingly the petitioner divorced the respondent on 18.12.......-Record-For the petitioner. A. F. Hasan Arif, Senior advocate (with Rafiqul Islam Miah, Senior advocate) instructed by Zahirul Islam, Advocate-on-Record-For respondent. Civil Petition for Leave to Appeal No. 527 of 2011 (From the judgment and order dated 23.02.2011 passed by the High Court ......on. This petition is dismissed with the above observations without, however, any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 77, 17 MLR (AD) (2012) 49. ..Category: Family Law | Date: | Hits: 327
Bera Pourashava and another Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....gment and order dated 11.05.2005 passed by the High Court Division in respect of Writ Petition Nos.5036 of 2002 and 3007 of 2003 are hereby set aside. Ed. This Case is also Reported in: ....... Accordingly, the government upon consideration of the said report took the decision to exclude the area mentioned in the schedule thereby curtailing the area of Bera Municipality in accordance with power given under Rule 4(2) of the aforementioned Rules. Thus the area mentioned in the schedule was......represented- Respondents No.1-8 (In Civil Appeal No.218 of 2007.) Not represented- the respondents (In Civil Appeal No. 126 of 2006.) Civil Appeal No.218 of 2007 with Civil Petition for Leave to Appeal No.126 of 2006. Judgment Muhammad Imman Ali J. - Leave was granted to consider the ......gment and order dated 11.05.2005 passed by the High Court Division in respect of Writ Petition Nos.5036 of 2002 and 3007 of 2003 are hereby set aside. Ed. This Case is also Reported in: ..Category: Election Law | Date: | Hits: 152
Sudhansu Kumar Barai and others Vs. Abul Hashem and others, 1990, 19 CLC (HCD)
....tioned that the defendants shall be at liberty to agitate this question when the issues are framed. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 327. ......ion in the disputed land which was decided on contest and as such matters in issue in both the suits are the same, the present suit is not maintainable. Clause (d) of rule 11 of Order 7 of the Code empowers the Court to reject a plaintiff, on the face of statements made in the plaint, the suit is ba......86. Judgment Bimalendu Bikash Roy Choudhury J. - This Rule is directed against an order dated 28.6.86 passed by Mr. Manjur Kader, Upazila Munsif, Banaripara in Title Suit No.12 of 1985 refusing to dismiss the suit as being barred by res judicata. 2. Opposite party No.1 namely, Abul Hashem H......tioned that the defendants shall be at liberty to agitate this question when the issues are framed. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 327. ..Category: Property Law | Date: | Hits: 80
Mojibur Rahman Sarker and others Vs. Shafiqul Islam and others, 1991, 20 CLC (HCD)
....amendment of the application for pre‑emption. There being no appearance from the side of the opposite party, I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 313. ....... The statement goes unchallenged from the side of the opposite parties. The learned Assistant Judge does not appear to have at all applied his mind to the said aspect of the pre‑emptor's case. The power of the Court under Order 6 rule 17 of the Code of Civil Procedure is, no doubt, discretionary ......Rahman Talukder, Advocate ‑ For the Petitioner. Not represented-the Opposite Party. Civil Revision No. 989 of 1990. Judgment Bimalendu Bikash Roy Choudhury J. - Petitioners are pre‑emptors in an application for pre‑emption under section 96 of the State Acquisition and Tenancy Act, ......amendment of the application for pre‑emption. There being no appearance from the side of the opposite party, I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 313. ..Category: Procedural Law | Date: | Hits: 81
Haque and Company Limited Vs. M/s. Western Soap Factory and others, 1990, 19 CLC (HCD)
....in favour of the respondent No. 1 is set aside and the Trade Mark Registry be rectified accordingly. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 304. ......o. 1. So I hold that the petitioner is entitled to have relief as provided under section 37 of Trade Marks Act. 12. Mr. Asrarul Hossain further submits that under section 46 this Court has got the power to cancel the registration and to rectify the register. As I have already found that the respo......3 DLR (1991) 304. ......in favour of the respondent No. 1 is set aside and the Trade Mark Registry be rectified accordingly. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 304. ..Category: Intellectual Property Law | Date: | Hits: 219
Captain Shamsul Alam Chowdhury Vs. Shirin Alam Chowdhury, 1991, 20 CLC (HCD)
....ritten statement in Suit No. 10 of 1987 denied all the averments made by the petitioner in respect to their aforesaid Bank account at Barclays Bank, England which was jointly operated by them and the financial security measures already made for her by the petitioner. The aforesaid suit of the petiti......o become a joint holder of the said account of the Bank in which there was substantial amount. The petitioner had given the opposite party's cider brother Mohammad Ali Quayyum who resided at London a power of attorney for the operation of the said bank account. The petitioner for further security of......Alam Chowdhury ..........Petitioner Vs. Shirin Alam Chowdhury..........................Opposite Party. Judgment January 24, 1991. Result: The Rule is made absolute. Case Referred to- Moinuddin (Md.) Vs. Amina Khan Majlish, 42 DLR 483. Lawyers Involved: Md. Fazlul Karim......l made by the petitioner under section 17 of the Family Courts Ordinance on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 297...Category: Family Law | Date: | Hits: 230
AHM Kamaluddin another Vs. The State, 1989, 18 CLC (HCD)
....illegal means abusing their position as public servant obtained pecuniary advantage either for themselves or for the borrower and that they also committed prejudicial act to prejudice the economy and financial interest of the State (see the definition of "State" in Article 152(1) of the Constitution......the result, the application is summarily rejected. Let a copy of this judgment be sent to the Court of the Divisional Special Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (1991) 294. ...... Mohammad Habibur Rahman J. - This is an application under section 561A of the Code of Criminal Procedure by accused petitioners. AHM Kamaluddin and MA Karim for issuing a Rule calling upon the State to show cause why the order dated 6.8.89 passed by Mr. Munsif Ali, Divisional Special Judge, Dhaka i......the result, the application is summarily rejected. Let a copy of this judgment be sent to the Court of the Divisional Special Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (1991) 294. ..Category: Criminal Law | Date: | Hits: 63
Abdur Rashid Vs. State, 1990, 19 CLC (HCD)
....fusing to refer the case under section 438 Cr.P.C. by the impugned order. We find no merit in the case. The Rule is, accordingly, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 279....... as has been done. Section 190 (1)(b) and (c) runs as follows: "190. (1) Except as hereinafter provided, any District Magistrate or Sub‑Divisional Magistrate and any other Magistrate specially empowered in this behalf, may take cognizance of any offence. (a) upon receiving a complaint of fac......bdul Bari Sarker J Abdul Hasib J Abdur Rashid.......................Petitioner Vs. The State ...........................Opposite Party. Judgment May 20, 1990. Cases Referred to- Syed Ahmed and another Vs. The State and another, 1984 BLD 133; 37 DLR 336; Md. Zillul Rahim......fusing to refer the case under section 438 Cr.P.C. by the impugned order. We find no merit in the case. The Rule is, accordingly, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 279...Category: Criminal Law | Date: | Hits: 66
Mosharraf Hossain Mia Vs. Mosammat Hasina Begum and others, 1990, 19 CLC (HCD)
....mpugned order of the learned Subordinate Judge is set aside. The learned Subordinate Judge should dispose of the suit as early as possible. Ed. This Case is also Reported in: 43 DLR (1991) 254. ......ss the impugned order for arrest of his client. The contention of the learned Advocate seems to be correct. 5. Mr. Abdul Quiyum, the learned Advocate for the petitioner, submits that the Court has power and authority to make arrest under Order 38 rule I C.P.C. but the present order of arrest does......ion that the five kabalas executed by the defendants on 7.4.84, 6.5.84 and 13.5.84 are illegal, void and not binding upon the Wakf Estate, etc. The plaintiffs also filed an application for injunction to restrain the defendants from changing the nature and character of the suit land during the penden......mpugned order of the learned Subordinate Judge is set aside. The learned Subordinate Judge should dispose of the suit as early as possible. Ed. This Case is also Reported in: 43 DLR (1991) 254. ..Category: Property Law | Date: | Hits: 85
State Vs. Kalu Bepari, 1990, 19 CLC (HCD)
....nviction of the condemned prisoner under section 302 of the Penal Code is upheld but the sentence of death is altered to life imprisonment. Ed. This Case is also Reported in: 43 DLR (1991) 249. ......t premeditation and so it would come under the 41h exception of section 300 of the Penal Code. We are unable to accept the plea. There was no such grave provocation as to make the accused deprived of power of self control. We, therefore, find that the condemned prisoner is liable under section 302 o......ammel Hoque J State...........................Petitioner Vs. Kalu Bepari...................Opposite Party. Judgment January 30, 1990. Lawyers Involved: M Shamsul Alam, Deputy Attorney‑General with Obaidur Rahman Mostafa, Assistant Attorney General, MA Rouf, Advocate ‑ For ......nviction of the condemned prisoner under section 302 of the Penal Code is upheld but the sentence of death is altered to life imprisonment. Ed. This Case is also Reported in: 43 DLR (1991) 249. ..Category: Criminal Law | Date: | Hits: 81
Shamsul Haque (Md.) Vs. The State, 1990, 19 CLC (HCD)
....is, therefore, summarily rejected and consequently the petition of appeal in connection therewith is also rejected as barred by limitation. Ed. This Case is also Reported in: 43 DLR (1991) 247. ......4 and 23 DLR (Peshwar) 12. In the case of Rahman Gul Vs. The State reported in 23 DLR (Peshwar) 12. It has been held that: "The barred appeal may be converted by the High Court into a revision and powers under section 439 Cr.P.C. can therein be exercised." 6. In the reported case, the appellan......msul Haque (Md.) .......................Appellant‑Petitioner Vs. The State ........................................Respondent‑Opposite Party. Judgment April 1, 1990. Cases Referred to- Elahi Bux Vs. State, (1987) 39 DLR 164; 1985 BLD page 335; 23 DLR (Peshwar) 12; Rahman Gul V......is, therefore, summarily rejected and consequently the petition of appeal in connection therewith is also rejected as barred by limitation. Ed. This Case is also Reported in: 43 DLR (1991) 247. ..Category: Criminal Law | Date: | Hits: 70
Bangladesh Road Transport Corporation Vs. M/s. Ashraf Jute Mills Ltd., 1990, 19 CLC (HCD)
....roperties both movable and immovable of the above company to this Court within two months from the date of receipt of a copy of this order. Ed. This Case is also Reported in: 43 DLR (1991) 240. ......tion was admitted' and usual notices were directed to be issued. The affidavit of compliance has duly been filed. On 14.5.87 the learned Advocates Mr. Golam Rabbani and Mr. Nasiruddin Chowdhury filed power on behalf of the respondent company. On 1.7.87 the learned Advocates of both the parties appea......Hoque J Bangladesh Road Transport Corporation........Petitioner Vs. M/s. Ashraf Jute Mills Ltd……………………………….Respondent. Judgment August 9, 1990. Case Referred to- Goal Bros. & Co. Vs. Yashodan Chit Fund Limited, 50 Company Cases, 708. Lawyers Invol......roperties both movable and immovable of the above company to this Court within two months from the date of receipt of a copy of this order. Ed. This Case is also Reported in: 43 DLR (1991) 240. ..Category: Company Law | Date: | Hits: 165
Serajul Islam Vs. The Director General of Food, 1990, 19 CLC (HCD)
....In the result, on the grounds stated above the application of the petitioner is summarily rejected. The prayer for certificate is refused. Ed. This Case is also Reported in: 43 DLR (1991) 237.......was acting as Officer‑in‑Charge of Sylhet Sadar LSD which is being challenged in the petition on the ground that the said proceeding has been drawn in a mala fide manner in colourable exercise of power without any lawful authority and also on the ground that the said impugned charge is violative...... (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Habibul Islam Bhuiyan J Serajul Islam ...................................Petitioner Vs. The Director General of Food..............Respondent. Judgment February 18, 1990. Result: The pet......In the result, on the grounds stated above the application of the petitioner is summarily rejected. The prayer for certificate is refused. Ed. This Case is also Reported in: 43 DLR (1991) 237...Category: Administrative Law | Date: | Hits: 175
Sheikh MA Jabbar Vs. AKM Obaidul Huq and others, 1990, 19 CLC (HCD)
....passed by the Metropolitan Magistrate in case No. 792A/95 is set aside. The Rule arising out of Criminal Revision No. 239/88 is discharged. Ed. This Case is also Reported in: 43 DLR (1991) 233. ......e Code it is clear that the order of the Court restoring possession" must be passed within one month from the date of conviction. It is not sufficient that an application to the Court to exercise its power should be made within one month from the date of conviction" In the case of Basanta Kumar Maid......Sadeque J Sheikh MA Jabbar.....................................Petitioner Vs. (1) AKM Obaidul Huq (2) The State............Opposite Parties. Judgment January 4, 1990. Cases Referred to- Aswani Kumar Das, 36 CWN 624; Dawmaya and another Vs. Emperor 38 CrLJ 918; Basanta Kumar Mai......passed by the Metropolitan Magistrate in case No. 792A/95 is set aside. The Rule arising out of Criminal Revision No. 239/88 is discharged. Ed. This Case is also Reported in: 43 DLR (1991) 233. ..Category: Criminal Law | Date: | Hits: 59
Matiur Rahman Vs. Election Commission and Others, 1990, 19 CLC (HCD)
....as duly corrected the mistake brought to his nod through this Courts. Accordingly the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 229.......rict Narsingdi. In view of the repeal of Rule 68 of the Upazila Parishad (Election of Chairman) Rules, 1983 the Chief Election Commissioner, took the view that there is no specific provision in law empowering him to direct Respondent No. 2 the designated Appellate Authority (The Deputy Commissioner,......Rahman…………………………………………………..Petitioner Vs. Election Commission and Others…………............Respondents. Judgment April 9, 1990. Case Referred to- AFM Shah Alam Vs. Mujibul Huq and others, 1989 BLD (AD) 78=41 DLR (AD) 68. Lawyers Involv......as duly corrected the mistake brought to his nod through this Courts. Accordingly the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 229...Category: Election Law | Date: | Hits: 112
....lls Corporation reported in 36 DLR (SC) 281 (as referred to by the learned advocate for the petitioner) wherein it was held that when a positive allegation of misappropriation funds and commission of financial irregularities are made, the employer has a right to dismiss such worker from service it o......rned Advocate appearing for the petitioner submits that the learned Labour Court is not a Court of appeal, that the Labour Court cannot reverse the findings of the domestic enquiry in exercise of its power under section 25 of the Employment of Labour (Standing Orders) Act, 1965 and that, therefore, ......t Division
(Special Original Jurisdiction)
Present:
Fazle Hussain Mohammad Habibur Rahman J
Habibul Islam Bhuiyan J
Eastern Pharmaceuticals Ltd, Dhaka represented by its Managing Director…………..Petitioner.
Vs.
The Chairman, First Labour Court of Bangladesh and others…â......ned Advocate for the petitioner. On the contrary they go against him.
In the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 223.
..
Category: Employment/Service Law | Date: | Hits: 89
Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....e, with the above observation I fully agree with the decision of my learned brother Anwarul Hoque Chowdhury J. that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 347. ......and in the instant case it being not a case of taking notice by this Court Suo motu or on the report of the lower court, but on the application of a party interested, the question of Court's inherent power of taking cognizance suo motu also would not arise. He has further submitted that in the insta......J Habibar Rahman Khan J Hussain Mohammad Ershad..............Petitioner Vs. The State ......................................Opposite Party. Judgment May 22, 1991. Cases Referred to- (1894) 1 QB 759; AIR 1966 (Mysore) 231); AIR 1940 Lahore 527); 37 CrLJ 1146, 40 CrJJ 803, AI......e, with the above observation I fully agree with the decision of my learned brother Anwarul Hoque Chowdhury J. that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 347. ..Category: Criminal Law | Date: | Hits: 73
Chairman, BCIC Vs. Md. Ali Akkas and others, 2010, 39 CLC (AD)
....ove, the submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, these petitions are disÂmissed Ed. This Case is also Reported in: VIII ADC (2011) 181. ......ove, the submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, these petitions are disÂmissed Ed. This Case is also Reported in: VIII ADC (2011) 181. ......or Advocate instructed by Mrs. Mahmuda Begum, Advocate-on-Record- For Respondent No.1. (In both the cases) Not represented-the Respondent Nos. 2-6. (In both the cases) Civil Petition for Leave to Appeal Nos. 2454-55 of 2009. (From the judgment and order dated the 2nd day of July, 2009 pass......ove, the submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, these petitions are disÂmissed Ed. This Case is also Reported in: VIII ADC (2011) 181. ..Category: Employment/Service Law | Date: | Hits: 90
Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)
....bound by the submission. In the result, this Rule is discharged with the observations as stated above without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 134.......ion and orders in this Rule. 12. It may be mentioned that in the instant case, the original lawyer of the petitioner was Mr. Rafiqul Huq appearing along with Mr. Abdur Razzaq but Mr. RafiquI Huq's power having been withdrawn by the petitioner in the middle and on the date when the matter was fixe......h and is directed against a letter being Memo No. Engg. 7/7‑624/92 dated 31st March, 1992 issued by the respondent No.2 namely, the General Manager, Engineering Department, Bangladesh Bank refusing to award the job of supply and installation of equipment for Central Air Conditioning System of Bang......bound by the submission. In the result, this Rule is discharged with the observations as stated above without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 134...Category: Others | Date: | Hits: 123
Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....of Tk. 100/-, in default, to suffer simple imprisonment for 1(one) day. They respondent No.2 is let off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ......religious doctrines and beliefs and also acts done in performance of religion by some Judge. He then quoted verse 25 of Surah Al-Hadeed from the Holy Quran. And then he said, now-a-days, the party in power instead of estabÂlishing the rule of law are using the Courts as instrument for political per......urendra Kumar Sinha J Md. Riaz Uddin Khan and another ……………..............Petitioners Vs. Mahmudur Rahman and others……………………………….Respondents Judgment October 11, 2010. Cases Referred To- The Queen Vs. Gray (1900) 2QB 36; E.M. Sankaran Namboodripa......of Tk. 100/-, in default, to suffer simple imprisonment for 1(one) day. They respondent No.2 is let off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ..Category: Criminal Law | Date: | Hits: 124
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