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Hafizuddin Ahmed Vs. M Aslam Miah & others, 2002, 31 CLC (HCD)

....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......5. Lastly, he submitted that the Courts below correctly held that the plaintiff failed to prove any element of fraud or collusion and the concurrent decision of the appellate Court therefore does not call for any interference. 16. In view of the conflicting contentions of learned Advocates, we sh......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...

Category: Trust/Waqf Law | Date: | Hits: 228

Uzzal alias Elias Hossain Vs. State, 2006, 35 CLC (HCD)

....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......itnesses apart from PW 8, herself did not say so in her examination-in-chief nor in her statement to the police made under section 161 of the Code of Criminal Procedure. The learned Advocate emphatically submitted that the alleged injuries were subsequently introduced at the behest of the informan......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

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. ......— 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,......Kasir and MGH Ruhullah, Advocates — 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......e said Title Suit No.164 of 1998 on the ground that Miscellaneous Case No. 34 of 1998 is pending but the court rejected the petition for stay dated 16-5-99. In this context it has been that there was meeting with the shop-keepers for keeping the shops open and the matter was verbally discussed but t..

Category: Civil Law | Date: | Hits: 77

Hamida Real Estate Construction Ltd. and another Vs. Malika Hasina Jahan (Lili) and others, 2007, 36 CLC (HCD)

....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......oduce sub-sections (1) and (2) of section 115 of the Code of Civil Procedure which reads as follows: "115. Revision.- (1) The High Court Division may on the application of any party aggrieved, call for the record of any suit or proceeding, in which a decree or an order has been passed by a co...... 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)

.... 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.......thorities shall live up to the expectations by delivery of quality order in disposing of an appeal. They must know that every citizen has a right to get a reasoned order from them. On the other hand, callous, inconsiderate and routine disposal of an appeal may bring disastrous consequence to an as......any to maintain its account in a manner provided by the Companies Act and the same to be scrutinised and certified by the statutory auditors and will have to be approved by the company in its general meeting and thereafter, to be filed before the Registrar of Companies who has statutory obligation a..

Category: Fiscal/Taxation Law | Date: | Hits: 99

Iqbal Hossain Mollah Vs. Director, Plant Protection Wing and others, 2006, 35 CLC (HCD)

....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......n Akhter, Deputy Attorney-General with Md. Sabed Ali, Assistant Attorney-General—For the Respondents. Writ Petition No. 5700 of 2000. Judgment Md. Muzammel Hossain J.- This Rule was issued calling upon the respondents to show cause as to why the impugned omission shall not be declared to ......atoes are freely importable but seed potatoes are importable subject to the conditions as set out in Table 'Kha' of the Import Policy Order. The petitioner has learnt that the respondent No, 4 in its meeting dated 28-8-2000 adopted a resolution to amend the Import Policy Order in order to subject th..

Category: Business or Commercial Law | Date: | Hits: 219

Zamir Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)

....ellants be set at liberty at once if not wanted in any other case. Let a copy of the judgment along with the LCR be sent down immediately. Ed. This Case is also Reported in: 59 DLR (2007) 433.......��………………………………….Respondent Judgment March 28, 2007. Lawyers involved: Subrata Chowdhury Advocate—For the Convict-Appellants. Humayan Kabir Bulbul, Deputy Attorney-General For the State-Respondent. Criminal Appeal No. 2053 of 2005. Judgment Md. Abu...... said Jamir Ali on 16-8-1999.at 3-00 PM convened a meeting in a nearby field of her residence where a lot of people of his quarter gathered and before the conclusion of the meeting the said Jamir Ali called on the participants of the meeting to attack the house of the informant, alleging that the in......Police Station Case No.35 dated 11-8-1999 for which none of the male members of the family have been living in her house. Taking this opportunity the said Jamir Ali on 16-8-1999.at 3-00 PM convened a meeting in a nearby field of her residence where a lot of people of his quarter gathered and before ..

Category: Criminal Law | Date: | Hits: 30

New Zealand Milk Brands Ltd. Vs. Unilac Sanowara (BD) Ltd. & ors., 2005, 34 CLC (HCD)

....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. ......Act, 1940 (hereinafter referred to as "the Act") for rectification of the Register of Trade Marks by removal of registered trademark No. 62724 in Class 29 from the Register. 2. Rule was issued calling upon the respondent-opposite parties to show cause as to why the Register of Trade Marks sho...... 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)

....'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...... the judgment of the trial Court on a proper assessment of the evidence on record and the findings do not suffer from any error of law and the case is concluded by finding of facts no interference is called for in the revision under section 115(1) of the Code of Civil Procedure. ………………�......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. ..

Category: Property Law | Date: | Hits: 40

Samiran Haider and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....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......Deputy Attorney-General—For Respondent No. 1 (In all the Writ Petitions). Petition Nos. 1006, 2045-2056, 2357-2360 of 2002. Judgment Tariqul-ul-Hakim J.- Rules Nisi were issued calling upon the respondents to show cause as to why the impugned Notification bearing Memo Nos. 22.......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. ..

Category: Employment/Service Law | Date: | Hits: 107

Barrister Md. Rafiqul Islam Mia Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)

....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......—For the Petitioner. Karunamoy Chakma, Deputy Attorney-General— For Respondent Nos. 1 and 2. Writ Petition No. 2028 of 2001. Judgment Tariq-ul-Hakim J.- This Rule Nisi has been issued calling upon the respondents to show cause as to why the order of sanction dated 15-9-1998 according...... 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. ..

Category: Anti-Corruption Laws | Date: | Hits: 140

Mahbub-ur-Rahman Chowdhury Vs. DG, Bureau of Anti-Corruption and others , 2007, 36 CLC (HCD)

....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 ......eral with AKM Salahuddin Khan and Rubaiyat Hossain, Assistant Attorneys-General—For the Respondents. Writ Petition No. 2401 of 1998. Judgment SAK Md. Dabirush-Shan J.- This Rule was issued calling upon the respondents to show cause as to why the impugned order under Memo No. AC/1473 dated...... 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. ..

Category: Anti-Corruption Laws | Date: | Hits: 150

Shahjahan Ali (Md.) @ Md. Shahjahan Vs. State, 2007, 36 CLC (HCD)

.... sentence dated 22-3-2005 is upheld and confirmed. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 396. ......R 320; Golam Rasul vs. Emperor, 107 IC 1928 774; AIR 1984 (SC) 759. Lawyers involved: Md Khurshid Alam Khan, Advocate—For the Convict-Appellant. Moklesur Rahman Zahid, Deputy Attorney-General—For the State-Respondent. Criminal Appeal No. 1715 of 2005. Judgment ......ahan made a confessional statement before the Magistrate admitting that he murdered Sharifa Khatun. He further submits that the learned Sessions Judge rightly passed the conviction and sentence which call for no interference and, as such, the appeal should be dismissed. In this connection learned De...... sentence dated 22-3-2005 is upheld and confirmed. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 396. ..

Category: Criminal Law | Date: | Hits: 29

Syed Salahuddin Ahmed Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....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 ......Writ Petition No. 3681 of 2003. Judgment Syed Mahmud Hossain J.- In this application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order issued under Memo No. 3637 d......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. ..

Category: Constitutional Law | Date: | Hits: 200

Khorshed Alam Khan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....Lakshmipur by declaring in the official Gazette that LA Case No. 34 of 1993-1994, so far as it relates to the petitioner's land, is abated. Ed. This Case is also Reported in: 59 DLR (2007) 383. ......vs. Subash Chandra Das 46 DLR (AD) 63; Subash Chandra Das vs. Bangladesh 50 DLR (AD) 106. Lawyers involved: Mihir Kanti Majumder, Advocate—For the Petitioners. Adilur Rahman Khan, Deputy Attorney-General— For Respondent No.1. Writ Petition No. 1745 of 1996. Judgment Tariq-ul-Ha......ocate—For the Petitioners. Adilur Rahman Khan, Deputy Attorney-General— For Respondent No.1. Writ Petition No. 1745 of 1996. Judgment Tariq-ul-Hakim J.- This Rule Nisi has been issued calling upon the respondents to show cause as to why the order dated 25-1-1996 (Annexure-G) passed b......Lakshmipur by declaring in the official Gazette that LA Case No. 34 of 1993-1994, so far as it relates to the petitioner's land, is abated. Ed. This Case is also Reported in: 59 DLR (2007) 383. ..

Category: Property Law | Date: | Hits: 57

Bangladesh Film Development Corporation Vs. Chairman, Labour Court & another, 2007, 36 CLC (HCD)

.... 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......nvolve common question of law and of facts. 2. In these six applications under Article 102 of the Constitution of the People's Republic of Bangladesh, Rules were issued almost in identical terms calling upon the respondents to show cause as to why the impugned judgment and order dated 29-1220......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

State Vs. Kajal Ahmed Jalali, 2007, 36 CLC (HCD)

....thwith if not wanted in connection with any other case. Send down the LCRs along with a copy of the judgment to the Court below forthwith. Ed. This Case is also Reported in: 59 DLR (2007) 345.......rda vs. State of Maharashtra, AIR 1984 Supreme Court, (CrILJ) 1622; AIR 1964 Madhya Pradesh 30; State vs. Shahidul Islam @ Shahid, 58 DLR 545; Zahed Ali Forman (Driver) vs. State, 9. BLC (AD) 122; Rustom vs. State, 11 BLC 467; Mrs. Jobaida Rashid vs. State, 1997 BLD 352 = 49 DLR 379; Sanwar Hossain ......i located at 73/1, Shantinagar on a casual visit and he stayed there for some time. At about 7-40 PM he left the house of his friend disclosing to the inmates that he was going to meet Tarique Zia on call. Shujan had a companion namely, Shyam Mia (PW 59) who was kept waiting outside in front of Jona...... about 2/3 years. According to her testimony, on his return from Japan, Shujan came to know that the party would give him nomination and, as such, he used to go to the village home frequently to hold meetings with the local people. She said, in some of those meetings, the accused Kajal Ahmed Jalali,..

Category: Criminal Law | Date: | Hits: 109

Bonlac Foods Ltd. Vs. Unilac Sanowara (BD) Ltd. & another, 2005, 34 CLC (HCD)

....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. ...... is liable to be removed from the Register on the ground of non-use under section 37 of the Act. 4. The application was first heard by this Court on 27th of October 2002 when a Rule was issued calling upon the respondent-opposite parties to show cause as to why the Register of Trade Marks wou......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. ......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...... accused to inspect and thereby to get copy of the aforesaid statements, the answer is in the affirmative. But we feel inclined to view the problem from another angle also. In the instant case we are called upon to decide first as to whether the petitioner is a person charged with accusation. If the......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. ..

Category: Criminal Law | Date: | Hits: 25

Bhaskar Chakraborty Vs. State, 2006, 35 CLC (HCD)

....pal is only entitled to realise that amount through civil proceeding and upon such stand the accused petitioner has approached to the discretionary jurisdiction of this court available under inherent power, recognised by the legislature under the Provision of section 561A of the Code of Criminal Pro......- Dewan Obaidur Rahman vs. State 1999 BLD (AD) 128 = 4 BLC (AD) 167. Lawyers involved: Shakila Rowshan, Advocate—For the Accused-Petitioner Shamim Ara Dora, Assistant Attorney-General—For the State-Opposite Parties. Criminal Miscellaneous Case No. 1238 of 2001......is Rule under section 561A of the Code of Criminal Procedure, on 18-2-2001, challenging the legality and propriety of the entire proceeding, as aforesaid, and the Deputy Commissioner, Dhaka, has been called upon to show cause as to why the said proceeding should not be quashed. At the time of issuan...... accused petitioner is directed to appear before the trial Court to face trial. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 325. ..

Category: Criminal Law | Date: | Hits: 81

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