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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.......t, 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 31 DLR (AD) 298. 12. It was submitted that the show cause notice and/or principle of natural justice is not applicable in case of simple termination of any employee with al......ging the rule. 2. The facts, in short, are that the respondent No.1 Syed Abedur Reza as plaintiff instituted Title Suit No.97 of 1982 in the 1st Court of Munsif (now Assistant Judge) Sadar, Sylhet for declaring that the termination of the job of the said plaintiff as Senior Assistant in Uttara Ba......which the High Court Division ignored with an observation that "the decisions cited from side of the defendant petitioner do not appear to have any bearing on the fundamental point which survives for determination in the suit". 8. It was further submitted that the High Court Division fell in erro..Category: Employment/Service Law | Date: | Hits: 95
Ali Hossain (Md) and Other Vs. State, 2000, 29 CLC (HCD)
.... as practicable and must ensure are that it does not go by lapse, inaction or inertia. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 282. ...... as practicable and must ensure are that it does not go by lapse, inaction or inertia. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 282. ...... and order dated 8-7-1996 passed by the Division Special Case No.60 of 1994 convicting accused-appellants Md. Ali Hossain and Tara Mia and absconding co accused Md. Siddiqur Rahman Bhuiyan and Md. Lutfor Rahman Bakshi under section 468 of the Penal Code and sentencing them thereunder to suffer Rigor......s has been proved by the prosecution by the most consistent, corroborating and cogent evidence, both oral and documentary, the impugned judgment calls for no interference by this Court. Points for determination 12. The only point for determination in the appeal is, whether the learned Division..Category: Criminal Law | Date: | Hits: 40
Khadem Ali (Md) Vs. State, 2000, 29 CLC (HCD)
.... of in question. In the result, the Rule is made absolute and the delay 916 days in filing the revisional application is condoned. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 281. ......le and acceptable ground for his coming late. The judicial discretion to be exercised by the Court in condoning any justifiable delay is never circumscribed by any rule of law or established judicial principle, the supreme consideration in the whole scheme of the different Codes of law, being the ad......accused petitioner and three others were convicted by the learned Additional District Magistrate, Jhenidah under section 325 of the Penal Code and sentenced thereunder to suffer Rigorous Imprisonment for 3 (three) years and to pay a fine of Taka 2,000.00 each, in default to suffer Rigorous Imprisonm...... of in question. In the result, the Rule is made absolute and the delay 916 days in filing the revisional application is condoned. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 281. ..Category: Criminal Law | Date: | Hits: 32
Bangladesh Marine Fisheries Association Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)
....nd no fine by way of penalties can also follow for thereof. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 273. ......ut has not provided that the breach of the provisions constituting an offence and or that the breach shall entail penalties by way of fine not exceeding Taka fifty thousand. 7. It is now a settled principle of law as to the interpretation of any statute that if the law providing any obligation is......rying on business of catching fish have stated, inter alia, that the petitioners who have been engaged in catching fish by trawler in the Bay of Bengal which is 100% export oriented industry carrying foreign exchange to the tune between Taka two and three hundred crores equivalent approximately ever......nd no fine by way of penalties can also follow for thereof. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 273. ..Category: Civil Law | Date: | Hits: 115
Salim (Md.) Vs. State, 2001, 30 CLC (HCD)
....ne of Taka 5,000.00 in default, to suffer RI for a further period of 6 months is affirmed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 359.......ne of Taka 5,000.00 in default, to suffer RI for a further period of 6 months is affirmed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 359.......ted 19-7-95 by the Sessions Judge, Feni in Sessions Case No. 24 of 1994 convicting accused appellant Md. Salim under section 302 of the Penal Code and sentencing him thereunder to suffer imprisonment for life and to pay a fine of Taka 5,000 in default, to suffer RI for a further period of 6 months. ......sis of the most consistent, corroborative and overwhelming evidence of competent witnesses and, as such impugned order of conviction and sentence calls for no interference by this Court. Point for determination: The only point for determination in the appeal is whether the learned Sessions Jud..Category: Criminal Law | Date: | Hits: 53
Abdul Mannan (Md) Vs. Swaraj Roy and others, 2001, 30 CLC (HCD)
....is affirmed. No order as to costs. The order of stay granted at the time of issue of the Rule is hereby re-called and vacated, Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 352. ......e defendants. The presence of the Province of East Pakistan thus becomes necessary for the purpose of enabling the Court to receive all relevant information which will give guidance as to appropriate principles applicable to the case.” 12. In the case of Bajrang Lal Agarwala, ATM Afzal J, as hi......tion 115 of the Code of Civil Procedure against an order dated 8-5-2000 passed by Subordinate Judge, 2nd Court at Noakhali in Title Suit No. 2 of 2000 which allowed the prayer of opposite party No. 1 for addition as a defendant in the suit. 2. Short facts for disposal of the Rule are that the pet...... the application for addition of party disentitle them to be included within the framework of the present suit. That will convert the present suit for specific performance of contract into a suit for determination of title which is not permissible in law. 9. In the case of Muzaffar Ali, a Divisio..Category: Property Law | Date: | Hits: 31
Khulna Newsprint Mills Limited Vs. Chairman, Labour Court, 1999, 28 CLC (HCD)
....impugned judgment and order passed by that Labour Court is set aside without any order as to costs. Let the LC Records be sent down Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 271.......impugned judgment and order passed by that Labour Court is set aside without any order as to costs. Let the LC Records be sent down Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 271.......hairman, Khulna Labour Court, in IRO case No.5 of 1993 (Annexure-E to the petition) should not be declared to have been made without any lawful authority and of no legal effect. 2. Facts necessary for the disposal of the Rule, in brief, are that the respondent No. 2 Tofail Ahmed filed IRO case No...... 13. Mr. Azizul Hoque, his learned Advocate appearing on behalf of the respondent No.1, submits that the respondent No. 2 has right to go before the Labour Court for adjudication of his case i.e. the determination of the respondent No. 2’s date of birth. But he found it difficult to deny that the ..Category: Labour and Industrial Law | Date: | Hits: 117
Mirza Abdul Bari Beg and Others Vs. Zahidannessa and others, 2001, 30 CLC (HCD)
....d. The executing Court is directed to proceed with the execution by issuing again the writ for delivery of possession to the decree-holders. Ed. This Case is also Reported in: 54 DLR (2002)344. ......n to the decree-holder. My answer is no. I, therefore, cannot with due respect, share the view of learned single Judge in the case of Md. Islam as that is not the correct statement of law. I find the principle on which the Division Bench of the Calcutta High Court in the case of Shah Abdul Hamid aff......n application under section 115 of the Code of Civil Procedure against order dated 10-9-2000 passed by Senior Assistant Judge at Sadar in Rangpur Other Execution Case No. 2 of 1997. 2. Short facts for disposal of the Rule are on 13-5-81 opposite party No.1 and the predecessor of opposite party No......d. The executing Court is directed to proceed with the execution by issuing again the writ for delivery of possession to the decree-holders. Ed. This Case is also Reported in: 54 DLR (2002)344. ..Category: Property Law | Date: | Hits: 29
Pubali Bank Ltd. Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
.... cost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 340....... Artha Rin Adalat.” 8. It further appears that in Sultana Jute Mills case the scope and implication of Articles 109 and 114 of the Constitution were not raised at all. 9. It is also a settled principle of law that if the Court is one from which appeal lies to the High Court though in certain......ate Judge, Artha Rin Adalat, Narayanganj in Bandhaki Case No. 93 of 1992 by which the ex parte decree passed on 16-3-93 in the said suit, was set aside. 2. The petitioner, as plaintiff, filed the aforesaid suit against the defendant opposite parties praying for realisation of Taka 1,29,51,161,40 ...... cost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 340...Category: Civil Law | Date: | Hits: 93
State Vs. Rashid Ahmed & others, 2002, 31 CLC (HCD)
....hittagong and the Deputy Commissioner, Chittagong for their information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 333. ......hittagong and the Deputy Commissioner, Chittagong for their information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 333. ......assaulting deceased Abdul Mabud Master. Abdul Mabud Master was then carried home a seriously injured condition and thereafter he was removed to hospital where he succumbed to his injuries The first information report was drafted on the dictation of victim Abdul Mabud Master When he was undergoing tr......preference to the positive evidence on record and the same has indeed occasioned a miscarriage of justice. 8. No one appears to oppose the appeal on behalf of the accused respondents. Point for determination 9. The only point for determination in the appeal is whether The learned Additional..Category: Criminal Law | Date: | Hits: 76
Shamsul Haque (Md) Vs. State, 1999, 28 CLC (HCD)
....is acquitted of the charge brought against him and he be discharged from him bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 255. ......n the case between Akhter Hossain and others Vs. State, reported in 4 BLC 236 and another case in between Abdul Wahed alias Chandu Mia Vs. State, reported in the same BLC 320, that this is a settled principle that in case of carnal offence the prosecution is to be believed in awarding conviction to...... arising out of Jamalpur PS Case No. 4 dated 10-11-89 corresponding to GR Case No.151(2)/1989 convicting and sentencing the accused under section 376 of the Penal Code to suffer rigorous imprisonment for 10 years with a fine of Taka 1,000.00 in default to suffer Rigorous Imprisonment for a further p......is acquitted of the charge brought against him and he be discharged from him bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 255. ..Category: Criminal Law | Date: | Hits: 32
Rice Mill Owners Association Vs. Government of Bangladesh and others , 2002, 31 CLC (HCD)
....rder or certified copy thereof from the parties hereof. Let a copy of this judgment and order be sent to the respondent No. 2 for compliance. Ed. This Case is also Reported in: 54 DLR (2002) 325.......the instant case the writ petitioner was neither given any hearing nor informed about the fate of his application till date. The respondent has thus acted illegally, male fide and in violation of the principle of natural justice and thus Articles 19 and 27 of the Constitution have been violated. ...... Government of Bangladesh and others …………….Respondents Judgment March 19, 2002. Lawyers Involved: Binod Kumar Agarwal, Advocate—For the Petitioner. KS Salahuddin Ahmed for M. Ziaul Hasan, Advocate—For Respondents No. 5. Writ Petition No. 2612 of 2000. Judgment......rder or certified copy thereof from the parties hereof. Let a copy of this judgment and order be sent to the respondent No. 2 for compliance. Ed. This Case is also Reported in: 54 DLR (2002) 325...Category: Civil Law | Date: | Hits: 162
Kajemuddin Miah (Md) Vs. Bangladesh and others, 1999, 28 CLC (HCD)
....ting to treat all lands diluviated prior to 13th July, 1994 to have vested in the Government. There shall be no order as to cots. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 240. ......ting to treat all lands diluviated prior to 13th July, 1994 to have vested in the Government. There shall be no order as to cots. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 240. ......96 Mouza Kartickpur within PS Dohar, district Dhaka. The petitioner filed a Civil suit being Title Suit No.19 of 1984 in the Court of Assistant Judge Dohar, Dhaka against Nuni Gopal Gopini and others for specific performance of Contract and the said suit was decreed in favour of the petitioner on 3-......the State Acquisition and Tenancy Act (Amendment) Act, 1994 (Act No.15 of 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 reappearing on account of alluvion. By the said Act the right, title ..Category: Property Law | Date: | Hits: 68
.... Trade Marks in favour of the opposite party No. 1 is expunged from the register of Trade Marks. Let the register be rectified accordingly.
Ed.
This Case is also Reported in: 54 DLR (2002) 294.
......dgment consideration is given to a prior case of Bassra Soap Factory Vs. Punjab Soap Factory reported in PLD 1973 Karachi 279 wherein it is held, “Implicit in rule 23 of the Trade Mark Rules is the principle that notice should be sent to all the persons or applicants who either have a registered t......Md. Neamat Hossain, Advocate—For the Opposite Party No. 1.
Trade Mark Application No. 1 of 2000.
Judgment
KM Hasan J .-This is an application under section 46 of the Trade Marks Act, 1940 for rectification of the Register of Trade Marks by removal of the registered trade mark No. 46773 i...... Trade Marks in favour of the opposite party No. 1 is expunged from the register of Trade Marks. Let the register be rectified accordingly.
Ed.
This Case is also Reported in: 54 DLR (2002) 294.
..
Category: Intellectual Property Law | Date: | Hits: 167
....on that because the basic structure principle was not invoked in the past, it could not be considered.
252. His main area of concern was the rule of law, and to him it is the Preamble that is the guiding entity in considering whether an amendment passes the test of validity, as is reflected from......hout gullibility, as no usurper can survive unless blanketed by judicial stuffing. With his resplendent submission, Mr. Islam asserted that through cyclic martial law, attempts were made to undo the principles on which the war of liberation was fought. He stated that General Ziaur Rahman, assisted ...... R -v- Hampden, 1637 3St Tr 825, Jamat-e-Islami –vs- Federation of Pakistan, PLD 2009 SC 549, Pickin-v-British Railway Board, 1974 AC 765, Dr. Bonham’s case, 1610 8 Co Rep 114a, Dred Scott-v- Sandford, 60 US at 93, 405 1857, also 19 Howard 393 1857, Hodges –v-United States 203 US 1 1906, Butts......s institutions of high profile, to impart lessons on Tagore songs were set up with a view to preserve the sanctity of Bengali culture. Cultural workers took to the streets to project their inflexible determination to resist West Pakistani military rulers’ arbitrary move to impose cultural blockade..
Category: Constitutional Law | Date: | Hits: 482
Shan Hosiery Vs. Bangladesh Jatiya Shamabaya Shilpa Samity Ltd and others, 2002, 31 CLC (HCD)
....th the suit in accordance with law. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 291....... We find the finding of the learned Subordinate Judge that the suit is barred by limitation is based on total disregard of the above averments made in the plaint. Moreover, it is now well established principle of law for safe guidance that the question of limitation is always a mixed question of law......s obtained by the plaintiff against the order of Subordinate Judge, Second Court at Dhaka dated 13-8-2000 passed in Title Suit No. 57 of 2000, which rejected the plaint while disposing an application for temporary injunction. 2. The plaintiff on or about 1-3-2000 instituted the suit against defen......th the suit in accordance with law. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 291...Category: Property Law | Date: | Hits: 31
Selim (Haji Md) Vs. Collector of Customs and others, 2001, 30 CLC (HCD)
....r the reasons and discussions made above, we find no merits in these Rules. In the result, the Rules are discharged. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 287.......at the customs authority vis-a-vis the government was within its jurisdiction to change or vary the amount of exemption of the customs duty earlier than that proviso came in. 16. To understand the principle of law applicable to this conflict, the section 21 of the General Clauses Act also may be ...... and 128 of 1999. Judgment Abu Sayeed Ahammed J.- Both the Rules have arisen on the similar disputed facts and same law point is involved and, as such, with the consent of the learned Counsels for the petitioners, both the Rules have been taken up for hearing together and disposed of by this ...... the customs authority to change or vary the rate of customs duty to be imposed upon the consignment or imported item. Sections 30 and 30(A) of the Customs Act reads as follows: “30. Date for determination of rate of duty and tariff value of imported goods.- The rate of duty and tariff value..Category: Fiscal/Taxation Law | Date: | Hits: 62
Shaikh (Md) Obaidullah Raihan Vs. Sayed Shahidul Haque Jamal and others, 2002, 31 CLC (HCD)
....tion of disqualification and for the reason mentioned earlier, the Rule is liable to be struck out. In the result, the Rule is struck out. Ed. This Case is also Reported in: 54 DLR (2002) 280.......d not take any loan from the Sonali Bank, he was only a guarantor and the loan was actually taken by the defendant Nos. 1 and 2 of that suit. 5. Mr. Farooqui, in his reply, has submitted that the principle laid down in the case reported in 6 MLR as cited by the learned Advocate of respondent No.......d not be declared to be illegal and without lawful authority and is of no legal effect. 2. Mr. MI Farooqui made submission of behalf of the petitioner. In the writ petition, the petitioner prayed for declaration that the respondent No.1 is holding the office of Member of Parliament without any l......tion of disqualification and for the reason mentioned earlier, the Rule is liable to be struck out. In the result, the Rule is struck out. Ed. This Case is also Reported in: 54 DLR (2002) 280...Category: Election Law | Date: | Hits: 88
Abul Hossain Vs. State, 2000, 29 CLC (HCD)
....nce with law regarding that petition. Communicate the order to the Magistrate concerned. The application is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 222....... 3. We agree with the submission of the learned Advocate for the petitioner. It is clear to us that cognizance Court did not treat the naraji petition as a petition of complaint. It is now a settled principle of law that a naraji petition should be treated as a petition of complaint. The Magistrate...... Not represented- the Opposite Party. Criminal Miscellaneous Case No.1293 of 2000. Judgment Md. Hamidul Haque J. - This is an application under section 561A of Code of Criminal Procedure for setting aside the order dated 1-2-2000 passed in Criminal Revision No.83/99 by the learned Sessi......nce with law regarding that petition. Communicate the order to the Magistrate concerned. The application is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 222...Category: Criminal Law | Date: | Hits: 42
Protima Sen and others Vs. Chitra Rani Dey and another, 1999, 28 CLC (HCD)
....of the order of the Court. Communicate the order to the learned Court below immediately for his information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 218. ......ial legislation for the co-owners of an undivided homestead or dwelling house against the onslaught of an outsider. The object of this legislation is reasonable and it is quite in consonance with the principle of equity, justice and good conscience…………………………..(17) Cases Refer......………………...Opposite Parties Judgment August 24, 1999. Result: The Rule is made absolute without any order as to cost. Section 4 of the Partition Act was enacted to afford a special opportunity to a co-sharer of an undivided homestead or dwelling house against a stra......a J.- This Rule is directed against the order dated 18-3-98 passed by the 1st Court of Subordinate Judge, Sadar Chittagong, in Partition Suit No.88 of 1981 rejecting the plaintiffs’ application for determination of the value of 1/3rd share of the suit property for buying up purposes. 2.Short fa..Category: Property Law | Date: | Hits: 42
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