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Chittagong Port Authority Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)
....t. First Miscellaneous Appeal No. 328 of 2007. Judgment Md. Nuruzzaman J.- This First Miscellaneous appeal, at the instance of petitioner-appellant is directed against the judgment and order dated 21-1-2007 passed by the learned Additional District Judge, 1st Court, Chittagong refusing to s......lure to execute the same whether arising during the progress of the work or after the completion or abandonment thereof shall be referred to Arbitration & the parties hereto agree to accept the decision of the arbitrators as final and binding. Each party shall appoint one arbitrator. The two a..Category: Alternative Dispute Resolution | Date: | Hits: 334
Mahatab Vs. State, 2010, 39 CLC (HCD)
....ttorney-General - For the State. Criminal Revision No.718 of 2009. Judgment Siddiqur Rahman Miah J.- This Rule was issued calling upon the opposite party, to show cause as to why order No.19 dated 30-3-2009 passed by the learned Sessions Judge, Moulvibazar in Sessions Case No.218 of 2007 un...... Section 540 CrPC empowers the Sessions Judge or any Court to examine or re-examine a witness at any stage of the proceeding if the evidence of such a witness appears to him essential for the just decision of the case. The purpose of section 540 of the Code is not to help any part to fill up the ..Category: Criminal Law | Date: | Hits: 97
Amjad Hossain Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....titioner. Not represented-the Respondents. Writ Petition No. 1456 of 1998. Judgment AM Mahmudur Rahman J.- This is an application under Article 102 of the Constitution impugning the order dated 21‑5‑1998 of the Review Committee constituted under section 193C of the Customs Act, 1969....... opinion was divided equally in favour of CRF value and also Tariff value. As a result the President of the Committee cast his vote in favour of the customs authority and on the basis of the majority decision the Committee directed to assess provisionally duties on tariff value. 3. The learned Ad..Category: Fiscal/Taxation Law | Date: | Hits: 138
Abdul Khaleque Vs. National Fans Ltd. & another, 1995, 24 CLC (HCD)
.... application under section 51A of the Patents Designs Act, 1911 has been preferred by petitioner Abdul Khaleque, proprietor of Khaleque Enginewing Works for cancellation of registered design No.00661 dated 4‑1‑89 in the name of National Fans Ltd. 2. The petitioners case, in short, is that, he......eir trade mark which was refused by the Registrar of Trade Marks as well as by the High Court Division, on the ground that the word "National" cannot be a Trade Mark of a particular concern. But this decision of the Registrar or the High Court Division on Trade Mark Appeal has nothing to do with the..Category: Intellectual Property Law | Date: | Hits: 257
Didar Ali and others Vs. Naziur Rahman, 1998, 27 CLC (HCD)
....ed: AS Md. Ramzan Khan, Advocate ‑ For the Petitioner. Not Represented ‑ For the Opposite Party. Civil Revision No.3141 of 1997. Judgment Gour Gopal Saha J.- In this Rule the order dated 30‑7‑97 passed by the Assistant Judge, 3rd Court, Dhaka in Title Suit No.105 of 1997 has b...... 10. For the reasons stated above, I find that the learned Assistant Judge erred in law in passing and the impugned order illegally and arbitrarily and the same has resulted in error in the impugned decision occasioning failure of justice. The submissions made by the learned Advocate for the petiti..Category: Procedural Law | Date: | Hits: 81
Government of the People's Republic of Bangladesh Vs. Rahima Begum and others, 2008, 37 CLC (HCD)
....charya, Advocate - For Opposite Party Nos.1-10. Civil Revision No.4987 of 2003. Judgment SM Ziaul Karim J.- This Rule, calls in question the legality and propriety of the Judgment and decree dated 18-9-2002 passed by the learned Additional District Judge, Third Court, Jessore, allowing Titl......ssession in the suit land but without reversing those findings of facts the learned Judge of the Court of appeal below, decreed the suit, thereby committed an error of law, resulting in anenor in the decision occasioning failure of justice. Secondly, the learned Judge of the Court of appeal below fa..Category: Property Law | Date: | Hits: 98
Abdul Hye Tafader Vs. Md. Monir Hossain Patwary and others, 2009, 38 CLC (HCD)
....004. Judgment Faruque Ahmed J.- This Rule at the instance of the plaintiff-petitioner was issued calling upon the opposite party Nos.1-8 to show cause as to why the impugned Judgment and decree dated 25-4-2004 passed by the learned District Judge, Chandpur, in Title Appeal No.3 of 2004, revers......ff agreed and signed there; that in that capacity the plaintiff attained the age of 60 years on 18-1-2001, but he served there, by managing the authority of the school, that on 22-11-2001 by taking a decision in a Managing Committee meeting, the plaintiff was directed to show the legal documents abo..Category: Employment/Service Law | Date: | Hits: 158
State Vs. Azam Reza, 2008, 37 CLC (HCD)
....e Judge of the Druta Bichar Tribunal No.4, Dhaka for confirmation of sentence of death awarded by him to accused Azam Reza convicting him under section 302 of the Penal Code by the Judgment and order dated 17-1-2005 passed in Druta Bichar Tribrural Case No.26 of 2004 and the criminal appeal and jail......cation to the effect that the accused is sentenced to imprisonment for life. Send down the lower Court's records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 399. ..Category: Criminal Law | Date: | Hits: 114
Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)
....ce of the defendant-respondent-petitioner Naimuddin Molla @ Naba Molla and two others calling upon the plaintiff-appellant-opposite-party Ibrahim Molla to show cause as to why the Judgment and decree dated22-6-2002 (decree signed on 17-7-2002) passed by the learned Joint District Judge, 2nd Court, F......arned Advocate Mr. Jahangir Alam has assailed the impugned Judgment and decree passed by the appellate Court on various counts, specially on the ground that the appellate Court committed error in the decision which occasioned failure of justice, inasmuch as the appellate Court did not categorically ..Category: Procedural Law | Date: | Hits: 120
Mahamudur Rahman Vs. Md. Matiur Rahman, 2006, 35 CLC (HCD)
....ase. Information lodged by one, Md. Motiur Rahman alleging that from January 1994 upto January 1996, the accused petitioner took in all from him Taka 20,25,000 and the accused petitioner on different dates returned Taka 13,25,000 and for the reaming Taka 7,00,000 gave cheque dated 31-7-1998 from his...... money. The accused petitioner obtained bail on 26-9-2002. Thereafter, moved this Court for quashment of the proceeding. 3. It is a GR Case and police investigation has not yet been completed. The decision reported in 28 DLR (AD) 38 settled that proceeding can be quashed at early stage if it does..Category: Criminal Law | Date: | Hits: 87
Hefzur Rahman (Md) Vs. Shamsun Nahar Begum and another, 1995, 24 CLC (HCD)
....inite period that is to say, till she loses the status of a divorcee by remarrying another person. 24. In the result this Rule is disposed of without cost on the terms that the judgment and decree dated 20.4.92 passed by the learned District Judge, Comilla, in Family Appeal No. 2 of 1991 are set ......, verse 121). This verse directs continuous study of the Quran which is in conformity with the dynamic, progressive and universal character of Islam. 18. We now like to quote an observation from a decision of the Lahore High Court reported in PLD 1960 Lah 1142 (Mst. Rashida Begum Vs. Shahan Din &..Category: Family Law | Date: | Hits: 528
Ekram Ali Fakir and three others Vs. Abdus Samad Biswas, 1994, 23 CLC (HCD)
....urt below for delivering a proper judgment in accordance with law. There is no need to issue a Rule in a case like this. Accordingly, this revisional application is allowed and the Judgment and order dated 28.10.93 passed by Mr. Mustafa Inamul Hafiz, Additional Sessions Judge, Jessore in criminal Ap......he impugned judgment of the learned Additional Sessions Judge. It appears that the learned Additional Sessions Judge sitting on appeal did not apply his mind at all in order to come to an independent decision regarding the merit of the appeal. He started his judgment in English and after writing 16 ..Category: Criminal Law | Date: | Hits: 85
Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
....y at all. 6. In the supplementary affidavit filed by the petitioner it is stated that the respondent Nos. 3‑5 have been absenting themselves without leave of the Speaker since 1.3.94 and till to date which covered a period of 250 days and it is stated that in case of absence for 90 days the sea......ding session of Parliament is one of the duties of a member of Parliament and, in fact, the respondent No. 4 is not attending the session in discharging of his duty as member of the Parliament as per decision of his party and in support of a lawful demand given by the political parties in opposition..Category: Constitutional Law | Date: | Hits: 344
Prof. Nurul Amin Bepari Vs. Vice-Chancellor & others, 1998, 27 CLC (HCD)
....ocate - For the Respondents. Writ Petition No. 864 of 1997. Judgment AM Mahmudur Rahman J. - The petitioner obtained this Rule calling upon the respondents to show cause as to why resolution dated 12-11-96 constituting Selection Boards for recommending appointment of Assistant Professors an......sity Order 1973, I am also of the opinion that this petition under Article 102 of the Constitution, is hit by the doctrine of exhaustion and not maintainable. This view of mine is fortified by the decision in the case of Controller of Examination University of Dhaka and others Vs. Mahiuddin and o..Category: Employment/Service Law | Date: | Hits: 228
Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1997, 26 CLC (HCD)
....the Opposite party. Civil Order No. 4167 of 1997. Judgment Mahmudul Amin Chowdhury J.- This application under section 115(1) of the Code of Civil Procedure has been preferred against order dated 5‑10‑1997 passed by the learned Election Tribunal, Dhaka Division, Dhaka in Election Petit......ly dismissed for non-joinder of the parties who are necessary parties. The facts mentioned in the case and the facts of the case before us are distinctly different. On the same point there is another decision of Indian Supreme Court, reported, in AIR (1976) 744 Udhay Singh Vs. Madhav Rao Scindia) wh..Category: Election Law | Date: | Hits: 247
Government of Bangladesh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)
....—Respondent Nos.2-49 (In Civil Appeal No. 46 of 2010). None represented—Respondent Nos.2-56 (In Civil Appeal No. 47 of 2010). Civil Appeal No. 44-47 of 2010. (From the judgment and order dated 30-7-2008 passed by the High Court Division in writ Petition No.4040, 7081, 7963 and 8880 of 2......Writ Petition No. 4040 of 2007). 6. Being aggrieved, the writ-petitioners issued a Notice Demanding Justice on 16-04-2007, upon the appellants, requesting them to withdraw/rescind/cancel the above decision taken in the meeting held on 19-02-2007, but without any response from them. 7. As such,..Category: Employment/Service Law | Date: | Hits: 208
Md. Zahurul Islam Vs. Deputy Commissioner, Kushtia and others, 2012, 41 CLC (AD)
....te instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner. None represented—For Respondents. Civil Petition for Leave to Appeal No.1810 of 2009. (From the judgment and decree dated the 22nd day of June, 2009 passed by the High Court Division in Appeal from Original Decree (F......wondered how on such vague and unspecified description of land the plaintiff could demand the value of the land. The plaintiff has asserted in paragraph-2 of the plaint that at the end of 1984 as per decision of Kushtia Upazila Parishad and the Government Nitimala Possession of 'Ka' scheduled land w..Category: Property Law | Date: | Hits: 105
Mahmudul Huq Vs. Mst Golap Bia & others, 1988, 17 CLC (HCD)
....sif, second Court, Sadar, Chittagong made in Other Suit No.45 of 1972. 2. The plaintiff filed the Other Suit No.45 of 1972 in the Court of Munsif, Sadar, Chittagong for declaration that the kabala dated 4.7.1944, Ext. A, standing in the name of defendant No.1 was a benami transaction, on the alle......ad been framed by the trial Court and the trial Court having had dismissed the suit on the question of limitation the lower appellate Court ought to have remanded back the suit to the trial Court for decision on merit and the lower appellate Court erred in deciding the suit on merit is untenable in ..Category: Property Law | Date: | Hits: 86
Abul Basar Sowdagar Vs. Aminul Huq & others, 1989, 18 CLC (HCD)
....a Khatun relinquished her interest in favour of her brother Ataul Huq. Thus Ataul Huq became sole owner of the disputed land. Ataul Huq subsequently transferred the disputed land by registered kabala dated 2.2.63 to the plaintiff. That the defendants filed a suit for permanent injunction against the......by the lower appellate Court which is based on evidence. I do not find any error of law committed by the lower appellate Court in this respect. Mr. Mokbul Ahmed very strenuously argued relying on the decision in the case of Pathana Vs. Mst. Wasai and another, 17 DLR (SC) 47, that the High Court can ..Category: Property Law | Date: | Hits: 103
State Vs. Mohammad Salim, 2010, 39 CLC (HCD)
....irmation of sentence of death awarded by him to the condemned prisoner Mohammad Salim convicting him under section 302 of the Penal Code in Sessions Trial Case No. 1 of 2001 by the judgment and order dated 27-6-2005. 2. Against the said judgment and order convict prisoner preferred Criminal Appea......cold-blooded and pre-planned, the sentence of death awarded to the convict was very harsh. He thus submits that the sentence of death may be commuted. He in support of his submissions referred to the decisions of the cases of Vasant Laxman More Vs. State of Maharashtra, reported in AIR 1974 (SC) 169..Category: Criminal Law | Date: | Hits: 118
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