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Evergreen Marine Corporation Vs. Habib and Brothers and others, 2010, 39 CLC (HCD)
....f cargo from the containers, it is not maintainable in this Admiralty Court, since the plaintiff is not a carrier of the goods nor the cause of action comes under the jurisdiction of this Court under any of the provision as provided in section 3 of the Admiralty Courts Act, 2000. 4. The learned A...... The decision as made herein regarding the status of the plaintiff upon a prima facie consideration of the material on records, shall not bar the defendant to ask the point to be decided at the final stage of the suit, since the law provides that the question of maintainability since goes to the roo......merit in the application and the same is liable to be rejected. Accordingly, the application praying to return of the plaint is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 902. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)
....1.27 acres was recorded in SA khatian and, as such, total area of land does not match. It is also stated that record of Tahsil office shows that the suit plot No.931 was never recorded in the name of any person in the recent survey conducted by the government and any person did not make claim at the......revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897.......onsistent view of our apex Court that plaintiff is to prove his case and he cannot get a decree on the weakness or failure of the defendant. The plaintiff is to prove his own case even in an ex parte proceeding. Disbelieve of the defence case 'ipso facto' does not make the plaintiff's case believabl..Category: Procedural Law | Date: | Hits: 72
Kazi Rokanuddin Ahmed and others Vs. Chairman, 1st Labour Court and others, 2011, 40 CLC (HCD)
....not be declared unlawful, mala fide, out of jurisdiction and is of no legal effect. 2. Facts leading to this case, in short, are that the respondent No. 2 was an employee under the petitioners-Company. He, as complainant, filed BLL (Criminal) Case No.370 of 2010 before the respondent No.1 under s......Bangladesh Labour Law (Criminal) Case No. 370 of 2010 is hereby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (2011) 892. ....... Khurshid Alam Khan, Advocate-For the Respondent No. 2. Writ Petition No. 911 of 2011. Judgment SM Emdadul Hoque J. - This Rule Nisi calling upon the respondents to show cause as to why the proceedings of Bangladesh Labour Law (Criminal) Case No.370 of 2010 under section 307 and 310 of the..Category: Labour and Industrial Law | Date: | Hits: 156
Sunil Chandra Chowdhury Vs. Elders Limited and another, 2011, 40 CLC (AD)
....th effect from 12-7-1989 and after initial registration of these marks they were renewed for a further period of 15 years with effect from 12-7-1996. That KAS Dairies Ltd (hereinafter called "the company") also obtained registration of the similar mark from the Trade Mark registry being Trade Mark N......pt of Court and sentencing him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ......xpunged from the register of Trade Marks. At the time of issuance of that rule a stay order also was granted staying operation of the said registered Trade Mark No.C-5707 in Class-29 and also further proceeding of the said Title Suit No.30 of 2000 for a limited period. Subsequently, the said period ..Category: Intellectual Property Law | Date: | Hits: 270
....ow cause as to why the Order No.55 dated 22.06.2010 passed by the respondent No.2, the Artha Rin Adalat No.4, Dhaka in Artha Rin Case No.153 of 2009 should not be declared to have been passed without any lawful authority and is of no legal effect and/or such or further order or orders passed as to t......two written statements, and the other petitioners as defendant Nos. 2-5 and 8 filed another joint written statement. All these defendants denied the material allegations of the plaintiff Bank. At the stage of peremptory hearing on 22.06.2010, the petitioner Nos.1 to 7 filed an application under sect...... have been passed without any lawful authority and is of no legal effect and/or such or further order or orders passed as to this court may seem fit and proper.”
2. By the Rule issuing order the proceeding of the Artha Execution Case No.153 of 2010 arising out of Artha Rin Case No.153 of 2009 w..
Category: Civil Law | Date: | Hits: 147
State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
.... prisoners under section 302/34 of the Penal Code to which the accused persons, who were on dock pleaded not guilty and prayed for trial. 5. At the time of the trial, the prosecution examined as many as twenty (20) witnesses out of twenty nine (29) charge sheeted witnesses to prove it’s case. ...... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ......een mentioned as Nator Police Station but the present case is Naldanga Police Station Case No.3 dated 05.04.2003. Thus, this notification cannot be said a proper and legal notification and subsequent proceeding is illegal and it vitiates the trial, so far the absconding accused persons are concerned..Category: Criminal Law | Date: | Hits: 82
SM Naimul Hoque Vs. Additional Deputy Commissioner (City) Dacca and others, 1981, 10 CLC (HCD)
....ioner of Dacca dis‑allowing the petitioner's prayer for a certified copy of the order passed by it in a proceeding under Article 15 of PO 16 of 1972 must be held to have been made illegally without any lawful authority having no legal effect and it is accordingly set aside. The prescribed authorit......que, the present petitioner herein forthwith. With the aforesaid direction this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 520.......on, the petitioner has challenged a decision of the Additional Deputy Commissioner of Dacca passed on 17.4.79 dis‑allowing the petitioner's application for a certified copy of the order passed in a proceeding under Article 15 of PO 16 of 1972 relating to a house at holding No. 8/2 of Block ‘A’..Category: Property Law | Date: | Hits: 65
Ansar Ali Vs. Yeasin Mea and others, 1993, 22 CLC (HCD)
....rule 4 of the Code of Civil Procedure. He also submitted that the learned District Judge committed an illegality in not at all considering that the petition for amendment of the plaint can be made at any stage of the proceedings. 6. On the other hand, Mr. SK Sinha, the learned Advocate for the op...... 4 of the Code of Civil Procedure. He also submitted that the learned District Judge committed an illegality in not at all considering that the petition for amendment of the plaint can be made at any stage of the proceedings. 6. On the other hand, Mr. SK Sinha, the learned Advocate for the opposi......e of Civil Procedure. He also submitted that the learned District Judge committed an illegality in not at all considering that the petition for amendment of the plaint can be made at any stage of the proceedings. 6. On the other hand, Mr. SK Sinha, the learned Advocate for the opposite parties, s..Category: Procedural Law | Date: | Hits: 68
....inted trustee and the respondent opposite party No.2 namely, the Additional Deputy Commissioner appointed the Thana Revenue Officer 4.8.86 as trustee of "Hemondra Lal Databya Chikitshalaya” without any notice to appellant‑petitioner No.2 by an order under Memo No. 358(2) dated 20.1.81 passed un...... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside.
In the result, the appeal is allowed.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 512.
...... this Act so far as the same are applicable to such assets.
(2) Any order of Court made under the provisions of this section shall entitle the Administrator General,
(a) to maintain any suit or proceeding for the recovery of such assets, and
(b) if he thinks fit, to apply for letters of adm..
Category: Trust/Waqf Law | Date: | Hits: 183
State Vs. Sree Ram Krisna Nath (Ram Babu) and another, 2011, 40 CLC (AD)
....ablished businessman, a pawn-broker lending money by taking gold ornaments as security. His ancestors had been engaged in the same business in the very same premises. 4. The informant did not file any naraji against the final report. The record of the case was sent to the Metropolitan Special Tri......ompliance of the Court’s order. Let a copy of this judgment alongwith all the records be transmitted also to the Court of Cognizance Magistrate, Chittagong. Ed. This Case is also Reported in: ......n the final report prevailed. 6. The police upon completion of investigation submitted charge-sheet on 30.09.2005 in the case arising out of the second FIR. 7. Being aggrieved by the impugned proceeding of G.R. case No. 393 of 2005 corresponding to Kotwali P.S. Case No.16 (6) 2005 under sect..Category: Criminal Law | Date: | Hits: 83
Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)
.... inheritance. His full brother transferred the land under pre-emption by a registered kabala dated 9.10.2001 to the petitioner-opposite party No.1, a sharer in the tenancy by purchase without serving any statutory notice upon him. The pre-emptor came to his village home in the first part of Baishakh......n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: ...... heirs of Jonab Ali in the case. It is also found that full brother of the pre-emptor named Anwar transferred his share to one Abdul Latif but the pre-emptor did not make him party to the pre-emption proceeding and such failure of the pre-emptor to implead them in the application for pre-emption is ..Category: Property Law | Date: | Hits: 62
....ommissioner Rawalpindi, 1970 PLD (SC) 1; Sabitri Takurani Vs. Savi, 1921 AIR (PC) 80; Thakur Prasad Vs. Fakirulla, ILR 17 Allahabad 106; Neerala Tea Estwo Vs. Govt., 41 DLR 90; National Telephone Company Ltd. Vs. Postmaster General (1); Abul Khair Mia Vs. Abdul Latif Sardar, 32 DLR (AD) 167; Abdul......Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 502.......he face of the record in exercise of its inherent jurisdiction, the High Court has power under the Code of Civil Procedure, 1908 to review its own order made in writ jurisdiction in a civil matter. A proceeding under Article 98 of the Constitution concerning a civil matter being a civil proceeding r..
Category: Civil Law | Date: | Hits: 87
....ttorney‑General, on the other hand, submits placing reliance upon Article 42 of the Constitution that no right having had accrued to the petitioners to have allotment of the alternative plots under any provision of the Emergency Requisition of Property Act, 1948 this Court has no power to exercise......ut as well is vague. It is also found that as yet the Government has not passed any order refusing to allot the land to the petitioners. In that view of the matter, we are of the opinion that at this stage no order is called for as sought by the petitioner. Mr. Chowdhury, however, argues that in the......ion under Article 102 of the Constitution.
In view of our aforesaid discussion, we discharge the Rule without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 498...
Category: Property Law | Date: | Hits: 79
Barrister Nazmul Huda and another Vs. State and another, 2011, 40 CLC (HCD)
....n in the case of Anti-Corruption Commission Vs. Dr. Mohiuddin Khan Aiamgir, repotted in 62 DLR (AD) 290, held:- "the notice dated 18.02.2007, issued by the Secretary to the Commission, was without any lawful authority, as such, void and any proceedings based on the said void notice is a nullity i......n the L.C. records along with a copy of this Judgment and order to the Court concerned immediately for information and necessary action. Ed.This Case is also Reported in: 16 MLR (HCD) (2011) 381. ......ed 40 witnesses to prove the prosecution case and the defence examined witnesses including the appellant Nos.1 and 2 to establish that the above mentioned case is false and fabricated one and the proceedings were totally out of jurisdiction. The trial was held under the Emergency Ordinance, 2007..Category: Criminal Law | Date: | Hits: 101
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....lates to the petitioner, Prof. Golam Azam, read with the show cause notice being No. Sha: Ma: (Bahi‑1)/138 dated 23.3.1992 (Annexure‑K) should not be declared to have been made and issued without any lawful authority and is of no legal effect or such other or further order or orders passed as to......son is qualified to be a citizen of Bangladesh under Article 2 the question shall be decided by the Government whose decision shall be final. Their Lordships further noticed that the Government at no stage was called upon to express its view under Article 3. It was further held that the nationality ......ML Bagga Vs. C Murhar Rao reported in AIR 1956 Hyderabad 35 wherein it has been laid down by a Division Bench that parties were governed by the law in force on the date when a suit is instituted or a proceeding commenced and any subsequent amendment or alteration cannot affect pending proceedings, m..Category: Immigration and Citizenship Law | Date: | Hits: 343
Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)
....ni J held that if a prohibitory injunction is violated the remedy was not by putting the decree into execution as the decree was not executable and as such the execution case was not maintainable for any remedies under Order XXI rule 32 of the Code of Civil Procedure. For these conflicting decisions....... Madho Ram and others reported in 1938 AIR Allahabad 416 wherein it has been observed that as soon as an act which is restrained from being done under a prohibitory injunction is done, it passes the stage of restraint or prevention. In the Allahabad case the decree‑holder brought a suit for remov......ly to prohibitory injunction and the remedy of the decree‑holders for removal of new construction lies by way of a suit. The Division Bench allowed the prayer of the decree‑holders to convert the proceeding into a suit. But there is nothing in this case to show that when there is a violation of ..Category: Civil Law | Date: | Hits: 100
Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)
.... Tribunal issuing the warrant of arrest against the petitioner on 26-7-2010 and directing the police to produce him on 2-8-2010 are without lawful authority. The Tribunal is not empowered to commence any proceedings or pass any order in relation to the petitioner before submission of any formal char......er submits that although the investigation report is yet to be submitted by the Investigating Agency, but the fact remains that it is the rarest of rare cases and in consequence at this investigation stage, the case can be quashed under section 561A of the Code of Criminal Procedure. 12. In suppo......bunal issuing the warrant of arrest against the petitioner on 26-7-2010 and directing the police to produce him on 2-8-2010 are without lawful authority. The Tribunal is not empowered to commence any proceedings or pass any order in relation to the petitioner before submission of any formal charge. ..Category: Criminal Law | Date: | Hits: 103
Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....the purpose of constructing residential Quarters for the Dhaka Reporters Unit Multipurpose Co-operative Society Limited (Annexure-'D'). The Petitioners submit that this was done illegally and without any lawful authority. In this regard it is stated in particular that the concerned requiring body di...... In light of the above, this Court finds substance in the Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794. ......e non-Government requiring body is a sine qua non for the exercise of such power. It is a condition precedent. It cannot be whittled down by any device. It cannot be even accepted that an acquisition proceeding may be started without any agreement, but if a subsequent agreement is reached then it am..Category: Property Law | Date: | Hits: 104
Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)
.... in the disputed property had been extinguished after he had transferred the same in favour of the petitioners by deed dated 19th December, 962, and, therefore, the writ petitioners could not acquire any title pursuant to the decree passed in Other Class Suit No. 40 of 1981 and, therefore, the High ...... have exercised its direction before a decision is given by the Revenue Officer. In other Leave petitions, the petitioners have raised disputed facts which can not be decided by this Division at this stage, the determination of which would require assessment of evidence. They may contest the mutatio......ners. It is further contended that the petitioners having not been made parties in Other Class Suit No.40 of 1981 and the subsequent writ petition, they are not bound by the judgments passed in those proceedings, thus the direction of changing the ownership pursuant to the deed dated 11th February, ..Category: Property Law | Date: | Hits: 68
Golam Mustafa Vs. Commissioner of Customs and others, 2011, 40 CLC (HCD)
....r's goods have been categorized by the respondents customs authority under a different HS Code other than the HS Code mentioned in the CRF. In this situation the law enjoins that if a person is, in any manner, aggrieved on that count (i. e. for difference made in the HS Code) he must lodge a com...... that count (i. e. for difference made in the HS Code) he must lodge a complaint before the Review Board under rule 23 of PS1 Rules. 2002. There is no escape from this provision. If at a subsequent stage it has been found that the goods in question fall under HS Code as mentioned in CRF Certificat......the Appellate Division which is binding on us we are of the view that this application merits no substance which is summarily rejected. Ed. This Case is also Reported in: 63 DLR (2011) 679. ..Category: Business or Commercial Law | Date: | Hits: 200
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