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Dr. Md. Kamrul Ahsan Talukder Vs. Nurun Nahar and others, 2009, 38 CLC (AD)
....ellate Court is directed to dispose of the appeal in accordance with law. This appeal is accordingly, allowed without any order as costs. Ed. This Case is also Reported in: VII ADC (2010) 794....... in appeal, framed a new issue which did not arose on the pleading, he acted wrongly." 14. Furthermore, though Order 6 Rule 17 of the Code of Civil Procedure conferred upon the Court a very wide power but it must be exercised in accordance with legal principles. Thus, under no circumstances, ......e case, in short, are that Sharat Chandra Das, Subash Chandra Das and Satish Chandra Das were the owners of the .0606 acres of land which is the disputed land and that the said land was transferred to Gopal Chandra Barman and Norendra Chandra Barman. Gopal Chandra Barman built up 2 shops in 0100 a......of discussion made in the body of the judgment and to allow the appellant to file an application for partition, if any, and thereafter to dispose of the case in accordance with law. 4. Leave was granted to consider the submissions of the learned Advocate-on-Record for the appellants that "in vi..Category: Property Law | Date: | Hits: 37
Azizur Rahman Vs. Bangladesh Shilpa Rin Sangstha and ors., 2002, 31 CLC (HCD)
..... In the result, the Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 107.......posal in accordance with law. We do not find any illegality or legal impropriety in the impugned order occasioning failure of justice so as to justify interference by this Court exercising revisional power under section 115 (1) of the Code of Civil Procedure. We find no merit in the Rule, which must......s Salam J Azizur Rahman…………………………………………Petitioner Vs. Bangladesh Shilpa Rin Sangstha and ors…………………………...Opposite Parties Judgment October 21, 2002. Case Referred To- Bangladesh Shilpa Rin Sangstha Vs. Fashion Wear Ltd., 1998 ......er section 115 (1) of the Code of Civil Procedure. We find no merit in the Rule, which must fail accordingly. In the result, the Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 55 DLR (20..Category: Civil Law | Date: | Hits: 79
Hafizuddin Ahmed Vs. M Aslam Miah & others, 2002, 31 CLC (HCD)
....ce. Let a copy of this judgment and order be sent to opposite party No. 5, the Administrator of Waqfs for his perusal and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 95.......conclusion of the trial Court that the suit at the instance of the plaintiff was not maintainable under section 42 of the Specific Relief Act. 10. Secondly, he submitted that in the absence of any power whatsoever to transfer in the waqfdeed, the transfer of the waqf property by the mutawalli w...... 22.5 decimals fully described in schedule-Ka is a Waqf property and that two deeds of sale dated 08‑06‑85 executed and registered by defendant No. 2 transferring 15 decimals out of the suit land to defendant No. 1 is collusive, fraudulent, without consideration and void. The plaint case, in sho......)………………………….. (3)………………………….. (4)…………………………… (5)………………………….. Section 57.‑ The Power of Administrator to grant sanction to transfer: "A mutawalli or a Receiver may apply to the Administrator for sanctio..Category: Trust/Waqf Law | Date: | Hits: 228
Uzzal alias Elias Hossain Vs. State, 2006, 35 CLC (HCD)
....in and to be paid to the informant Abdul Mannan, the father of the victim, as compensation. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 505.......ted that the presence of the leaders of the Awami League at the house of the victim could not have any effect on the fate of the case, since in the year 2002 Bangladesh Nationalist Party (BNP) was in power, Moreover, he submitted, there is nothing on record to show that Uzzal was a member of the BNP......R (36) 1949 Allahabad 291; SM Qamruzzaman vs. State 33 DLR 156; Balaka Singh vs. State of Punjab, AIR 1975 (SC) 1962; Ghulam vs. State, 1983 PCrLJ 196. Lawyers involved: Golam Kibria, Deputy Attorney-General with Md. Jamil Akkter Elahi, Assistant Attorney-General—For the State. Md. A......in and to be paid to the informant Abdul Mannan, the father of the victim, as compensation. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 505...Category: Criminal Law | Date: | Hits: 35
Fida-ul-Huq Vs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)
.... appropriate steps in accordance with law against the said fake Fida-ul-Huq, i.e. the occupant of the flat. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 480....... appropriate steps in accordance with law against the said fake Fida-ul-Huq, i.e. the occupant of the flat. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 480.......WTA 40 DLR (AD) 262, Shamsunnahar Salam vs. Mohammad Wahidur Rahman 51 DLR (AD) 232 . Lawyers involved: Md. Shakhawat Hossain, Advocate—For the Petitioner. AKM Salahuddin Khan, Assistant Attorney-General with Rubaiyat Hossain, Assistant Attorney-General—For the Respondents. Writ Peti......etitioner is a fake person or not under the writ jurisdiction. There is no substance in the instant Rule. 17. The Rule is, therefore, discharged without any order as to costs. The ad-interim order granted earlier by this Court is hereby vacated. The Authority may take appropriate steps in ..Category: Property Law | Date: | Hits: 34
Superintendent Engineer, PWD & another Vs. A Mahiuddin and others, 2007, 36 CLC (HCD)
....e and the judgment and decree dated 4-3-2002 passed by the learned Joint District Judge, is hereby affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 476. ......e and the judgment and decree dated 4-3-2002 passed by the learned Joint District Judge, is hereby affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 476. ......en's Cooperative Society vs. Secretary, Ministry of Land 1995 BLD (AD) 243 = 48 DLR(AD) 88; Baber Ali Pramanik vs. Mosar Ali Pramanik 45 DLR(AD)120. Lawyers involved: Md. Jafor Ali, Assistant Attorney-General—For the Petitioners. M. Khaled Ahmed, Advocate—For the Opposite Parties. Ci......e and the judgment and decree dated 4-3-2002 passed by the learned Joint District Judge, is hereby affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 476. ..Category: Property Law | Date: | Hits: 28
Mohsina Rahman alias Jaya Vs. Abdul Majid and others, 2001, 30 CLC (HCD)
....the Miscellaneous Case No. 34 of 1998 and Title suit No. 142 of 1998 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 138. ......the Miscellaneous Case No. 34 of 1998 and Title suit No. 142 of 1998 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 138. ......— For the Opposite Parties. Civil Revision No. 2609 of 1999. Judgment NK Chakravartty J.- This Rule at the instance of the defendant/petitioner was issued calling upon the opposite parties to show cause as to why the impugned order dated 16-5-99 passed by the Subordinate Judge, 5th Court,......reeable to decide the question of further claims of the plaintiffs-opposite parties along with compensation by way of Arbitration as contemplated in the lease of agreement and accordingly, refused to grant injunction and dismissed the CPLA No..6 of 1996 on 10-1-96 for enabling the parties to settle ..Category: Civil Law | Date: | Hits: 77
.... 21 of 2006 is set aside and the opposite party No. 1 is at liberty to file revisional application in the relevant court if so desires.
Ed.
This Case is also Reported in: 59 DLR (2007) 470.
......g the plaintiff-petitioner No. 2, Nasrul Hamid, as her Attorney authorising him to take necessary steps in respect of transfer of the suit land and handed over all original documents to him; that the power of attorney in favour of the plaintiff-petitioner No. 1 was approved by RAJUK on 21-12-2000 an......g an application for temporary injunction under Order XXXIX, rule 1 and 2 of the Code of Civil Procedure restraining the defendant-opposite party No. 1 from making any transfer of the suit properties to anybody else and from dispossessing the plaintiffs-petitioners from the suit properties till disp...... 21 of 2006 is set aside and the opposite party No. 1 is at liberty to file revisional application in the relevant court if so desires.
Ed.
This Case is also Reported in: 59 DLR (2007) 470.
..
Category: Property Law | Date: | Hits: 34
Mark Builders Limited Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....r observations. Let a copy of this order be also sent to the Chairman of the National Board of Revenue for guidance and proper action. Ed. This Case is also Reported in: 59 DLR (2007) 463....... compliance of the requirements as a matter of course and/or for the sake of compliance only. 13. Under sub-section (4) of section 35 of the Ordinance, the Deputy Commissioner of Taxes has got power to compute the income on such basis and in such manner as he thinks fit only where (a) no meth......be also sent to the Chairman of the National Board of Revenue for guidance and proper action. Ed. This Case is also Reported in: 59 DLR (2007) 463.......r observations. Let a copy of this order be also sent to the Chairman of the National Board of Revenue for guidance and proper action. Ed. This Case is also Reported in: 59 DLR (2007) 463...Category: Fiscal/Taxation Law | Date: | Hits: 99
Iqbal Hossain Mollah Vs. Director, Plant Protection Wing and others, 2006, 35 CLC (HCD)
....led on behalf of the petitioner in accordance with law expeditiously. Communicate the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 458.......of table potatoes from India. Accordingly, he applied to the respondent No. 1 for issuance of import permit under Rules 3 and 5 of the Destructive Insects and Pests Rules, 1966 framed pursuant to the powers delegated to the Government under section 3 of the Destructive Insects and Pests Act, 1914. T......inal Jurisdiction) Present: Md. Muzammel Hossain J Zubayer Rahman Chowdhury J Iqbal Hossain Mollah………………………………………………………Petitioner Vs. Director, Plant Protection Wing and others……………………Respondents Judgment January 4, 2......to import the potatoes from India has since elapsed, the petitioner is still intending to import potatoes from India in this current season or in the forthcoming season as soon as an import permit is granted in his favour. The proposed date of arrival of the goods set out in the original application..Category: Business or Commercial Law | Date: | Hits: 219
....ders of stay is recalled and vacated.
Send a copy of this judgment to the respondent No. 3 for information and necessary action.
Ed.
This Case is also Reported in: 59 DLR (2007) 448.
......ders of stay is recalled and vacated.
Send a copy of this judgment to the respondent No. 3 for information and necessary action.
Ed.
This Case is also Reported in: 59 DLR (2007) 448.
..............................................................Petitioner
Vs.
Secretary, Ministry of Law, Justice & parliamentary Affairs & ors.....Respondents
Judgment
October 27,2003.
Lawyers involved:
Moinuddin with Mosharraf Hossain Sarder, Nizamul Isla...... reasonable opportunity of showing cause why that order should not be made."
9. Rule 8(2) of the Muslim Marriages and Divorces (Registration) Rules, 1975 also provides:
"Where a licence granted under rule 8(4) is to be revoked or suspended, the government shall issue a notice calling u..
Category: Civil Law | Date: | Hits: 77
New Zealand Milk Brands Ltd. Vs. Unilac Sanowara (BD) Ltd. & ors., 2005, 34 CLC (HCD)
.... 7-8-2004 is directed to be returned to the learned Advocate for the petitioner. Send down the Records of the Registrar at once. Ed. This Case is also Reported in: 59 DLR (2007) 424. ......mpugned registration. However, the pertinent question is, whether there is any impediment in the impugned registered trademark remaining on the record. Section 46(4) of the Act gives this Court the power to pass an order in terms of section 46(1) and 46(2) of its own motion. The question would be,......or the petitioner. Send down the Records of the Registrar at once. Ed. This Case is also Reported in: 59 DLR (2007) 424. ...... 7-8-2004 is directed to be returned to the learned Advocate for the petitioner. Send down the Records of the Registrar at once. Ed. This Case is also Reported in: 59 DLR (2007) 424. ..Category: Intellectual Property Law | Date: | Hits: 187
Salina Begum Vs. Mojibur Rahman and others, 2006, 35 CLC (HCD)
....charged without any order as to the costs. Lower Court's record be sent down at once with a copy of the judgment Ed. This Case is also Reported in: 59 DLR (2007) 420; 13 MLR (HCD) (2008) 58. ......'s below further observed that the suit land is vague and indefinite, as such, the suit of the plaintiff is liable to be dismissed. 13. By now the settled principle of law in exercising revisional power under section 115(1) of the Code of Civil Procedure has been laid down in several judicial pro......………….Petitioner Vs. Mojibur Rahman and others……………………………Opposite Parties Judgment June 19, 2006. Result: The Rule is discharged without any order as to the costs. The concurrent findings of fact should not be disturbed unless it is manifestly pe...... Sreenath Roy and others vs. Moharaja Pratap Udai Nath Sahai Deo reported in Indian Cases Volume No. 82 Privy Council at page 879 wherein it was held— "A Kabuliyat predicates a Patta. A Patta is granted by the Zaminder as a title deed to the tenant. The Kabuliyat, as its name implies, is a mere..Category: Property Law | Date: | Hits: 40
Samiran Haider and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....iction we are not inclined to go into their merits. Accordingly, these Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 410. ......00.292.2000 (Part-1) dated 28-1-2002 issued by the Director General, Prime Minister's Office purporting to terminate 17 Deputy Assistant Directors (Probationers) from service in alleged exercise of power under Rule 6(2)(a) of the Gazetted Officers (National Securities Intelligence) Recruitment Rul......n of India AIR 1997 SC 1125. Lawyers involved: Amirul Islam with Dr. S Shirin Chowdhury Advocates —For the Petitioners (In all the Writ Petitions). Adilur Rahman Khan, Deputy Attorney-General with Karuna Moy Chakma, Deputy Attorney-General—For Respondent No. 1 (In all the Wr......on may be resorted to in Khalilur Rahman ASP, SB, Dhaka vs. Kamrul Ahsan and others reported in 11 MLR (AD) 5 = 10 BLC (AD) 193 it has been held that merely because the Administrative Tribunal cannot grant ad interim order of injunction that does not confer jurisdiction on the High Court Division to..Category: Employment/Service Law | Date: | Hits: 107
Barrister Md. Rafiqul Islam Mia Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
.... contained in Annexure-C is declared illegal and without lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 407. ......egal effect and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The petitioner was a former Member of Parliament. He served as Minister for Labour and Manpower and thereafter as a Minister for Public Works during the reign of Bangladesh Nationalist Party...... Tariq-ul-Hakim J Afzal Hossain Ahmed J Barrister Md. Rafiqul Islam Mia………………….. Petitioner Vs. Government of Bangladesh and others……..Respondents Judgment October 18, 2006. Cases Referred To- Syed Mustafizur Rahman vs. State 53 DLR 125; Abdul Hakim v......thority after being satisfied on the basis of materials before it. 11. The sanction to prosecute constitutes a condition precedent for the prosecution and the Government has absolute discretion to grant or withhold such sanction but the sanctioning authority is to see that the facts alleged discl..Category: Anti-Corruption Laws | Date: | Hits: 140
Mahbub-ur-Rahman Chowdhury Vs. DG, Bureau of Anti-Corruption and others , 2007, 36 CLC (HCD)
.... In the result, the Rule is discharged without any order as to the cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 403. ......appearing on behalf of the petitioner, submits that the impugned notice issued by the respondent No. 2 Annexure-B is without jurisdiction and the Deputy Director of Bureau of Anti-Corruption is not empowered to issue any such notice as contemplated under section 4( 1) of the Act 26 of 1957. Because ....... Bangladesh 52 DLR 503 and Mustafizur Rahman vs. DG, Anti-Corruption 2 BLC 605. Lawyers involved: AKM Faiz with HS Deb Brahman, Advocates—For the Petitioner. Zaman Akhter Bulbul, Deputy Attorney-General with AKM Salahuddin Khan and Rubaiyat Hossain, Assistant Attorneys-General—For the ...... by the Deputy Director, Bureau of Anti-Corruption dated 1-7-1998 calls for no interference by this Court. In the result, the Rule is discharged without any order as to the cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (20..Category: Anti-Corruption Laws | Date: | Hits: 150
Syed Salahuddin Ahmed Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....y each of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs and the Ministry of Communication. Ed. This Case is also Reported in: 59 DLR (2007) 388. ......ily at its sweet will and, like a private individual, deal with any person it pleases, but its action must be in conformity with standard or norm which is not arbitrary, irrational or irrelevant. The power or discretion of the Government in the matter of grant of largess including award of jobs, con...... Lawyers involved: Md. Ozair Farooq with MNA Afgani and Sk. Md. Morshed, Advocates—For the Petitioner. SM Monir, Advocate—For Respondent No. 7. Zaman Akhter Bulbul, Deputy Attorney-General— For Respondent No. 6. Writ Petition No. 3681 of 2003. Judgment ......rtaining to CS plot No. 475 pursuant to a deed of lease dated 13-6-1987. The land was taken on lease for the purpose of establishing a 'petrol pump' and a 'servicing centre'. Initially, the lease was granted for a period of 5 years to be renewable every year, for an annual premium of Taka 32,727.27...Category: Constitutional Law | Date: | Hits: 200
Bangladesh Film Development Corporation Vs. Chairman, Labour Court & another, 2007, 36 CLC (HCD)
....discharged. The stay order passed at the time of issuance of these Rules is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 379. ...... employed mainly in a managerial or administrative capacity; or (ii) who, being employed in a supervisory capacity, exercises, either by nature of the duties attached to the office or by reason of power vested in him, functions mainly of managerial or administrative nature". 23. Respondent No.......………………Respondents [In all the Writ Petitions] Judgment February 26, 2007. Cases Referred To- Film Development Corporation vs. Chairman, Labour Court, 49 DLR 396; Managing Director, Sonali Bank vs. Md. Jahangir Kabir Molla, 48 DLR 395. Lawyers involved: Md. Saidur Rahman......discharged. The stay order passed at the time of issuance of these Rules is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 379. ..Category: Labour and Industrial Law | Date: | Hits: 181
Bonlac Foods Ltd. Vs. Unilac Sanowara (BD) Ltd. & another, 2005, 34 CLC (HCD)
....ty for costs may be returned to the learned Advocate appearing on behalf of the petitioner. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 332. ......he claim of Sanowara that Bonlac has acquiesced to the applicant's use of the trademark and its claim that the petitioner is not a person aggrieved, I am inclined to hold the view that this Court has power under section 46(4) to act where the application has been filed on a misrepresentation of fact...... on behalf of the petitioner. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 332. ......ty for costs may be returned to the learned Advocate appearing on behalf of the petitioner. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 332. ..Category: Intellectual Property Law | Date: | Hits: 199
Mobarak Hossain alias Jewel Vs. State, 2000, 29 CLC (HCD)
....e. We therefore find that the Rule merits no consideration and, as such, it should be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 135. ......e. We therefore find that the Rule merits no consideration and, as such, it should be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 135. ......r Chowdhury J Md. Abdul Aziz J Mobarak Hossain alias Jewel………………………....Petitioner Vs. State………… Opposite party Judgment July 20, 2000. Cases referred to- Queen Empress vs. Arumugam & ors 20 ILR (Mad) Ill; Emperor vs. Mithis Swaniyar 30 ILR (Ma......n a Full Bench decision in the case of State of Madras Vs. G Krishnan reported in AIR 1961 (Mad) 92 (referred to us by both the parties) held: “Copies of section 164 Cr.P.C. statements cannot be granted to the accused before the filing of the charge sheet” 14. The facts of the aforesaid ca..Category: Criminal Law | Date: | Hits: 25
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