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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....... this Rule for hearing. 3. Mr. MA Tareq, the learned Advocate of the petitioner, submits that the learned Subordinate Judge acted illegally in setting aside the ex parte decree exercising inherent power under section 151(1) CPC overriding the special provisions of section 6(2) of the Artha Rin Ad......intiff, filed the aforesaid suit against the defendant opposite parties praying for realisation of Taka 1,29,51,161,40 as on 29-8-92. The defendant/ opposite parties after appearing in the said suit, took time on 30-11-92 and 11-1-93 for filing written statement and then 18-2-93 the next date fixed ...... 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
Delwar Hossain Khan Vs. Alhaj Rustum Ali & others, 2001, 30 CLC (HCD)
....lled and vacated. The executing Court is directed to take steps for expeditious restoration of possession to the claimants. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 328. ......khan, survived Sudhanya. Anil died unmarried and Makhan died at the hands of Pak Army. Their shares devolved upon Sunil, who die leaving two sons Danu and Manuj. Manuj led no family life. Danu gave a power of attorney to one Shahidullah and said Shahidullah entered with the petitioner into agreement......ision No. 2617 of 2001. Judgment Md. Abdur Rashid J. - This order will dispose both the Rules, which arise out of the following facts and circumstances: 2. On 8-11-1994 opposite party Nos. 1 to 9 in the earlier Rule made an application under Order XXI rules 100 and 101 of the Code of Civil ......ars time too much for disposal of such summary proceedings, which nakedly exposes the sorry state of our judicial system. 26. In the result, both the Rules are discharged with costs. Order of stay granted at the time of issue of the Rules are hereby recalled and vacated. The executing Court is di..Category: Property Law | Date: | Hits: 26
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.......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.......KS Salahuddin Ahmed for M. Ziaul Hasan, Advocate—For Respondents No. 5. Writ Petition No. 2612 of 2000. Judgment SAN Mominur Rahman J.- Rule was issued calling upon the respondent Nos. 1-3 to show cause as to why the impugned Memo No. Bim/Dba-1/G 10/99/47 dated 7-3-2000 and licence No. 5/......e of respondent No. 5. The respondent No. 2 gave registration in favour of the respondent No. 5 Zila Chal Kol Malik Group and issued licence bearing No. 5 of 2000 dated 7-3-2000. The respondent No. 2 granted the licence in favour of respondent No. 5 in violation of provision of Trade Organisation Ru..Category: Civil Law | Date: | Hits: 162
Abdul Muhit and others Vs. Social Investment Bank Limited (SIBL) and others, 2001, 30 CLC (HCD)
....the petitioner is the Civil Court and not this Court. 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.......ch violation the shareholder directors did not get any notice of the Board meeting of SIBL. To get a notice is a statutory right. Section 95 is a substantive provision and this court in its residuary power may interfere whenever it finds injustice is done and in this particular case injustice is don......Court. 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.......tually arose out of the Matter No. 78 of 2001. 10. Since the long vacation had ensued after the Matter No. 78/01 was admitted the respondents approached the Vacation Bench to vacate the stay order granted by the court in that matter. The Vacation Bench without vacating the stay order gave the SIB..Category: Company Law | Date: | Hits: 208
.... 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.
......ther any application of the same trade mark was pending before him. Such omission on the part of the Registrar to carry out a search, only gives the scope for giving conflicting decision and abuse of power and damaging public interest. In this particular case the Registrar has not exercised his duty...... expunged from the register of Trade Marks. Let the register be rectified accordingly.
Ed.
This Case is also Reported in: 54 DLR (2002) 294.
......y registered application No. 46773 in class-3 of the opposite party No. 1. No communication was made with the petitioner regarding the request on form TM 55 dated 31-5-99 for condonation of delay and granting of time for filing of opposition. Even the letter dated 30-5-99 of the petitioner’s lawye..
Category: Intellectual Property Law | Date: | Hits: 167
....he certificate asked for, which is hereby issued.
There is however, no Order as to cost.
Sheikh Md. Zakir Hossain J.- I agree.
Ed.
This Case is also Reported in: 63 DLR (2011) 565.
......mportance, questioning the very validity of all the martial law instruments, inclusive of the proclamation of martial law itself, General Hussain Mohammed Ershad, purportedly, issued on assumption of power on 24th March 1982 and all other instruments that emanated from the authoritarian ruler duri......y the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, P.S.-Ramna and District-Dhaka and others.....Respondents
Judgment
August 26, 2010.
Cases Referred to-
Anwar Hossain Chowdhury vs. Bangladesh, 41 DLR (AD) 41, British Railway Board –V- Pickin, 1......result was no different in both the circumstances the Constitution was subjected to reproachable foray. “There is no way”, submitted the learned Attorney General, “through which validity can be granted to the Constitution (Seventh Amendment) Act, 1986, because by the said Act the Parliament pu..
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....... the plaint. He also submits that learned Subordinate Judge did not commit any error of procedure in rejecting the plaint while disposing the application for temporary injunction since the Court is empowered to reject the plaint suo moto when the suit appears to him not maintainable. In support, he ......junction. 2. The plaintiff on or about 1-3-2000 instituted the suit against defendants, opposite parties for recovery of possession under section 9 of the Specific Relief Act, hereinafter referred to as the Act. Plaint case, in short, is that opposite party No. 1, Bangladesh Jatiya Shilpa Samity ......bove provisions are not exhaustive and a Court can even invoke the inherent power under section 151 of the Code to reject a plaint in extraordinary cases where relief sought for in the suit cannot be granted ultimately under section 42 of the Act. So, in deciding the question as to whether a plaint ..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.......f imposition of customs duty once fixed by a SRO cannot be changed or increased. 7. Before we proceed further, we want to quote section 19 of the Customs Act which is as follows: “19. General power to exempt from customs duties: (1) if the Government is satisfied, after consultation with ......gh Court Division (Special Original Jurisdiction) Present: Abu Sayeed Ahammed J Mirza Hussain Haider J Selim (Haji Md)………………………………. Petitioner Vs. Collector of Customs and others ………………..Respondents Judgment October 31, 2001. Cases ......mported into, or exported from (Bangladesh), or into or from any specified port or station or area therein, from the whole or any part of the customs-duties chargeable thereon.” (2) An exemption granted under sub-section (1) shall be effective from the date mentioned in the notification issued ..Category: Fiscal/Taxation Law | Date: | Hits: 62
....and in that view of the matter cannot get any refund.
In the result, the Rule is discharged without however any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 230.
......sessee specifying the amount of tax payable but no such demand having been raised in this case, the petitioner is not required to pay any tax. He further submits that although section 28 of the Act empowers the DCT to assess or reassess tax by rectifying mistakes in respect of an assessment year for......33, 558; Ahmed Khan Vs.Controller of Estate Duty, 1969 PTD 494.
Lawyers Involved:
Shamsul Hoque Siddiqui with AM Abdus Sattar Advocates—For the Petitioner.
Md. Altaf Hossain Khan, Deputy Attorney-General with FKM Ahsan, Assistant Attorney- General—For the Respondents.
Writ Petition N...... been done and made she is not liable to pay tax and hence is entitled to have a refund of the tax paid in advance (at source) contending, inter alia:
(a) That she holds a manufacturer’s licence granted under section 8 of the Act. She is liable to pay sales tax at the rate of 20% on the goods m..
Category: Fiscal/Taxation Law | Date: | Hits: 69
Ramesh Chandra Chowdhury @ Das Vs. Naresh Chandra Das @ Chowdhury, 1999, 28 CLC (HCD)
....te of receipt of this order. Let a copy of this order be forwarded to the Court of the learned Subordinate Judge Narshingdi at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 227.......ার্য্য তারিখে আপীল শুনানীর জন্য ধার্য্য রহিল”। By order dated 9-9-99 the learned Subordinate Judge directed that the power of attorney executed by Ramesh Chandra was to be filed on 16-9-95. The power of attorney in qu......tioner. Md. Mansurul Haque Chowdhury, Advocate—For the Opposite Party. Civil Revision No. 636 of 1996. Judgment Bijan Kumar Das J.- This Rule was issued calling upon the opposite party to show cause as to why the impugned order dated 16-9-95 passed by the learned Subordinate Judge, Na......te of receipt of this order. Let a copy of this order be forwarded to the Court of the learned Subordinate Judge Narshingdi at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 227...Category: Property Law | Date: | Hits: 39
Tofazzal Hossain (Md) and others Vs. Momtaz Begum & others, 1999, 28 CLC (HCD)
....turia in Miscellaneous (Pre-emption). No.5 of 1995 allowing pre-emption are affirmed. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 223.......ed judgments are well-reasoned and well-supported by the materials on record and these do not suffer from any illegality or legal infirmity justifying interference by this Court exercising revisional power under section 115(1) of the Code of Civil Procedure. I do not find any merit in the revision c......by the Senior Assistant Judge, Saturia in the District of Manikganj in Miscellaneous (Pre-emption) Case No.5 of 1995, allowing the pre-emption have been called in question. 2. Broad facts leading to the case are that, opposite party No.1 as per-emptor instituted a case in the Court of the Assist......turia in Miscellaneous (Pre-emption). No.5 of 1995 allowing pre-emption are affirmed. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 223...Category: Property Law | Date: | Hits: 31
Shah Alam (Md.) Vs. Abul Kalam and others, 2001, 30 CLC (HCD)
....d 28-11-99 are hereby set aside. Order of stay as granted at the time of the Rule is recalled and vacated. Let the records be sent down. Ed. This Case is also Reported in: 54 DLR (2002) 277. ......petence of the proceedings was never raised before the trial Court and such objection therefore does not deserve to be considered in revision. He further submits that Umme Kulsum already produced the power of attorney sent by her husband and such power cured the irregularity. In support, he cites th......n, Advocate—For the Petitioner. Shamim Khaled Ahmed —For the Opposite Parties. Civil Revision No. 621 of 2000. Judgment Md. Abdur Rashid J.- The above Rule was obtained by the preemptors upon making a revision application under section 115 of the Code of Civil Procedure against jud......, which were uncalled for and are quashed. 21. In the result, the Rule is made absolute. No order as to costs. The impugned judgment and order dated 28-11-99 are hereby set aside. Order of stay as granted at the time of the Rule is recalled and vacated. Let the records be sent down. Ed. ..Category: Limitation Law | Date: | Hits: 175
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. ......cree and consequently, the learned Subordinate Judge committed no error of law in passing the impugned order occasioning failure of justice justifying interference by this Court exercising revisional power under section 115(1) of the Code of Civil Procedure. 12. Mr. Paul has placed before us the ......……...Petitioners Vs. Chitra Rani Dey and another…………………...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-shar......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. ..Category: Property Law | Date: | Hits: 42
Dr. Mohiuddin Khan Alamgir Vs. Government of the People’s Republic of Bangladesh, 2010, 39 CLC (AD)
.... 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....... 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.............Petitioner Vs. Government of the People’s Republic of Bangladesh....................Respondents Judgment July 15, 2010. Result: The petition is dismissed. Cases Referred to- AKM Mayeedul Islam Vs. Bangladesh Election Commission 48 DLR (AD) 208; AFM Shah Alam Vs. Maj...... 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.......for a further period of three (3) months by detaining authority i.e. the Government of the People’s Republic of Bangladesh.
3. The petitioner, full brother of the Detenu, invoking this Court’s power under section 491 of The Code of Criminal Procedure (shortly The Code) challenged the legality......
Case Referred To-
Malik Golam Jilani vs Government of West Pakistan, 19 DLR (SC) 403.
Lawyers Involved:
Yusuf Hossain Humayun, Advocate—For the Petitioner.
Syed Abu Kowser, Assistant-Attorney-General— For the Opposite Parties.
Criminal Miscellaneous Case No. 6693 of 2001.
Judg......e subjects under the provisions of section 491 of the Code. This section empowers the High Court Division to issue direction in the nature of habeas corpus. The sections being widely worded the power granted thereby could be exercised to protect the liberty of the subject whatever the cause of its d..
Category: Criminal Law | Date: | Hits: 39
Kalandiar Kabir Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....ntral Jail, Dhaka is being held in custody without any lawful authority and he be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (2002) 258. ......mitted in Bangladesh would have been punishable as an offence. So, we are of the view that arrest of the detenu under section 54 of the Code of Criminal Procedure was not illegal in view of the above power given to the police officer under section 54 of the Code of Criminal Procedure. 3. Mr. Isla......try 1983 BLD 140; H Saha vs. State of West Bengal 1974 AIR 2154; Golam Kabir vs. Government Bangladesh 27 DLR 199; Borjahan vs. State of West Bengal 1972 AIR (SC) 2256; Francis Coralie vs. Union Territory of Delhi 1981 AIR 746; Sunil Batra (II) vs. Delhi Administration 1980 (SCC) 1579; Sunil Batra v......ntral Jail, Dhaka is being held in custody without any lawful authority and he be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (2002) 258. ..Category: Constitutional Law | Date: | Hits: 195
Parimal Chandra & others Vs. Shaheda Begum and others, 1999, 18 CLC (HCD)
....rdinate Judge, Barguna in Title Suit No.18 of 1987 decreeing the suit are maintained. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 206.......ge on the point of limitation in Title Suit No.18 of 1987 in reviewing his judgment is also found to be based on extraneous and illegal considerations and, as such, not sustainable in law. 16. The power of review as visualised by section 114 is to traced to Order 47(1) of the Code of Civil Proced......lowing the Review Case and setting aside the judgment delivered by it on 14-4-91 dismissing the appeal on contest and affirming the decree passed by the learned trial Court. 2. Short facts leading to the case are that, the appellants as plaintiffs instituted a suit in the Court of the Subordinate......rdinate Judge, Barguna in Title Suit No.18 of 1987 decreeing the suit are maintained. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 206...Category: Procedural Law | Date: | Hits: 81
Bashiruddin (Md) Vs. Bangladesh and others, 1999, 18 CLC (HCD)
....t of the petitioner is not a merited one. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 201.......t of the petitioner is not a merited one. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 201.......Petition No.1120 of 1999. Judgment Md. Ruhul Amin J. - This Rule has been obtained upon an application filed under Article 102(2) (a) (ii) of the Constitution. The respondents were called upon to show cause as to why the order dated 22-3-1999 passed by the respondent No. 2. Member, Land Appea......t of the petitioner is not a merited one. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 201...Category: Property Law | Date: | Hits: 33
Khorshed Alam (Md) Vs. Subordinate Judge and Artha Rin Adalat No. 1 and others, 2001, 30 CLC (HCD)
....date. Let a copy of this judgment be served upon Mr. Mahbubul Islam, the Judge-in-Charge (now Joint District Judge) for future guidance. Ed. This Case is also Reported in: 54 DLR (2002) 239. ......holder respondent No. 2 also filed another petition for setting aside the order No. 63 and prayed for fixing the date for open auction and the Court by the impugned orders in exercise of his inherent power set aside the wrong order which suffers from gross illegality and the Court has the power to r......uly published and auction sale were fixed on 25-11-1998, 11-8-1999 and 8-11-1999 where the highest bid was Taka 28,15,000, 92,04,000 and 96,58,000 respectively but the execution court was not pleased to accept any of the aforesaid bids because of in sufficient price of the mortgaged property. The re......date. Let a copy of this judgment be served upon Mr. Mahbubul Islam, the Judge-in-Charge (now Joint District Judge) for future guidance. Ed. This Case is also Reported in: 54 DLR (2002) 239. ..Category: Civil Law | Date: | Hits: 76
Elders Ltd. Vs. Sunil Chandra Chowdhury & another, 2002, 31 CLC (HCD)
.... 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. ......radecore Pvt. Limited is the licensee of the Elders Limited and therefore, this application is incompetent and not maintainable. To strengthen his argument Mr. Majumder has drawn our attention to the power of attorney which is annexed as Annexure ‘F’ to the petition and relying on the contents o......) 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. ......arned Advocate further submits that on a perusal of the said order date 16-9-2001, it is clear and obvious that the contemner made repeated queries from the petitioner as to whether any stay has been granted by the High Court Division in respect of the rectification cases and when he was sure that t..Category: Intellectual Property Law | Date: | Hits: 181
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