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Mirza Abdul Bari Beg and Others Vs. Zahidannessa and others, 2001, 30 CLC (HCD)
....Civil Revision No. 78 of 2001. Judgment Md. Abdur Rashid J. -This Rule was obtained by judgment-debtors upon making an application under section 115 of the Code of Civil Procedure against order dated 10-9-2000 passed by Senior Assistant Judge at Sadar in Rangpur Other Execution Case No. 2 of 1...... this submission fails. 6. Then, Mr. Rahman submits in opposing execution by removal of structures kuchcha or pucca in view of the provisions of Order XXI rule 35(3) of the Code. He also cites the decisions in the case of Md. Islam Vs. Munshi Abdur Rahman, 6 DLR 81, Md. Mokarram Ali Lasker Vs. Se..Category: Property Law | Date: | Hits: 29
Pubali Bank Ltd. Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
....kanuddin Mahmud with Murad Reza, Advocates—For Opposite Party Nos. 1-2. Civil Revision No. 1188 of 1993. Judgment Md. Tafazzul Islam J. - This Rule is direct against the judgment and order dated 31-3-93 passed by the learned Subordinate Judge, Artha Rin Adalat, Narayanganj in Bandhaki Cas......o set aside the ex parte decree and accept the written statement filed on 17-3-93. Earlier, after hearing the learned Advocates both the sides we, by our order dated 10-7-2000, in view of conflicting decisions of the present issue, referred the matter to the learned Chief Justice so that a special b..Category: Civil Law | Date: | Hits: 93
State Vs. Rashid Ahmed & others, 2002, 31 CLC (HCD)
....r the Appellant. Not represented — the Respondents. Criminal Appeal No.1 of 1987. Judgment Gour Gopal Saha J. - This appeal at the instance of the State is directed against the judgment dated 24-4-87 passed by the 1st Court of Additional Sessions Judge, Chittagong in ST Case No.86/86......e charges framed at the trial against the accused-persons, the evidence on record as well as the impugned judgment. We are now called upon to scrutinise the material evidence on record to arrive at a decision in the case. 11. Victim Abdul Mabud Master is the maker of the first information report ..Category: Criminal Law | Date: | Hits: 76
Shamsul Haque (Md) Vs. State, 1999, 28 CLC (HCD)
....epresented — the State. Criminal Appeal No. 1314 of 1990. Judgment Md. Abdul Aziz J.- This appeal at the instance of appellant Md. Shamsul Haque is directed against the judgment and order dated 26-11-90 passed by Additional Sessions cum Special Tribunal Judge, Jamalpur in Special Powers ...... He also submits that the prosecution having failed to prove their case beyond doubt, the impugned judgment is liable to be set aside. In support or his submission the learned Advocate has referred a decision in the case between Akhter Hossain and others Vs. State, reported in 4 BLC 236 and another ..Category: Criminal Law | Date: | Hits: 32
Delwar Hossain Khan Vs. Alhaj Rustum Ali & others, 2001, 30 CLC (HCD)
.... who then died leaving his heirs and legal representatives. By successive transfer, Golam Rahman and Mohammad Hossain acquired 16 decimals of land of plot No. 447 by registered deed No. 1721 and 1977 dated 27-7-1977 and 12-7-1977. Then, out of said land, Golam Rahman and Mohammad Hossain transferred......the application of the claimants are not maintainable and the executing Court erred in law in allowing the same when the land claimed by the claimants is not covered by the decree. He relied upon the decisions in the cases of Bholanath Bondopadhyaya Vs. Banarsilal Saraf, AIR 1961 Assam 79 and MP Mis..Category: Property Law | Date: | Hits: 26
Rice Mill Owners Association Vs. Government of Bangladesh and others , 2002, 31 CLC (HCD)
....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. 5/2000 dated 7-3-2000 (Annexure B and B1) respectively issued by the ......awful authority inasmuch as the law requires that the respondent No. 2 should decide the application within 90 days and in case the application is rejected, the applicant should be informed about the decision and prior to taking decision for rejection of such application the applicant should be give..Category: Civil Law | Date: | Hits: 162
Mohammad Ali Vs. State, 2000, 29 CLC (HCD)
....ent State. Criminal Appeal No. 2015 of 1997. Judgment Md. Hassan Ameen J.-This criminal appeal, at the instance of accused-appellant Mohammad Ali, is directed against the judgment and order dated 29-6-97, passed by the learned Assistant Sessions Judge, Bogra, in Sessions Case No.60 of 1995......fact that there is no independent corroborative evidence inasmuch as the inmates of the place of occurrence house or a villager having failed to identify the accused-appellant on dock the finding and decision of the learned trial Court cannot be supported. 18. Accordingly, the appeal is allowed a..Category: Criminal Law | Date: | Hits: 89
Kajemuddin Miah (Md) Vs. Bangladesh and others, 1999, 28 CLC (HCD)
....Writ Petition No. 2702 of 1996. Judgment Mainur Reza Chowdhury J. - By this Rule Nisi the respondents were called upon to show cause as to why the impugned order as contained in case No. 9-24 dated 29-11-84 (Annexure) issued by respondent No.1 should not be declared to have been made without......ting to treat all lands diluviated prior to 13th July, 1994 to have vested in the Government. There shall be no order as to cots. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 240. ..Category: Property Law | Date: | Hits: 68
....d April, 1996 (Annexure-A).
3. The opposite party No. 1 imitated the trade mark of the petitioner and filed an application for registration of the same word “Pragga” under No. 46773 in class-3 dated 8th May, 1996 in the Trade Marks Registry, Dhaka. Opposite party No. 1 managed to get his appl......or him to find out whether 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 ..
Category: Intellectual Property Law | Date: | Hits: 167
....conviction handed upon him, challenged the constitutionality of an Act of Parliament, named the Constitution (Seventh Amendment) Act, 1986, by which the Constitution was purportedly amended to accommodate into it all the aforementioned instruments. It is the petitioner’s claim that the pretentious......e by ‘usurpers’ and as such, are void ab initio. On the question as to our power to review a legislation, Mr. Reza submitted that this point was firmly established in our jurisdiction through the decision in the case of Anwar Hossain Chowdhury vs. Bangladesh, 41 DLR (AD) 41 and lately through th..
Category: Constitutional Law | Date: | Hits: 482
Shan Hosiery Vs. Bangladesh Jatiya Shamabaya Shilpa Samity Ltd and others, 2002, 31 CLC (HCD)
....Party Nos.1, 2 & 5. Civil Revision No. 3748 of 2000. Judgment Md. Abdur Rashid J. - This Rule was obtained by the plaintiff against the order of Subordinate Judge, Second Court at Dhaka dated 13-8-2000 passed in Title Suit No. 57 of 2000, which rejected the plaint while disposing an ap......ng 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 cites a decision in the case of Md. Shamsul Hoque Molla Vs. Md. Latifur Rahman, 1989 BLD 524. He then reads ..Category: Property Law | Date: | Hits: 31
Selim (Haji Md) Vs. Collector of Customs and others, 2001, 30 CLC (HCD)
.... i.e. Haji Md Selim, proprietor of M/s Bismillah Traders of 4 Akmal Khan Road, PS Kotwali Dhaka and he imported grey Portland cement from Indonesia through the letters of credit being Nos. 06980287-C dated 30-9-1998 and 06980285-C both dated 30-9-1998 respectively in Writ Petition No. 291 of 1999 an......the manifest of the conveyance is delivered after its arrival. 30. (A) Value and effective rate of duty— Notwithstanding anything contained in any other law for the time being in force or any decision of any court, for the purposes of section 30, the value and the rate of duty applicable to ..Category: Fiscal/Taxation Law | Date: | Hits: 62
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
.... Md. Abdur Rashid J.- This Rule was obtained by the pre-emptee (purchaser) by making a revision application under section 115 of the Code of Civil Procedure, in brief, the Code, against order No. 33 dated 4-5-2000 passed by Senior Assistant Judge at Sadar in Sunamganj in Miscellaneous Case No. 22 o......ng the application without deciding the application on the basis of the deeds produced on the market price of the land which has resulted in serious miscarriage of justice. He relies heavily upon the decision of a Division Bench in the case of Md. Azizul Bari Vs. Ismail and others, reported in 19 DL..Category: Property Law | Date: | Hits: 28
Shaikh (Md) Obaidullah Raihan Vs. Sayed Shahidul Haque Jamal and others, 2002, 31 CLC (HCD)
.... in that Constituency No.132 Barisal, Pirojpur. At paragraph 4 of the writ petition it is mentioned that the respondent No.1 was disqualified to contest in the election as Member of Parliament on the date of filing of nomination paper because the respondent No.5 Sonali Bank obtained a decree in Titl......tion of disqualification and for the reason mentioned earlier, the Rule is liable to be struck out. In the result, the Rule is struck out. Ed. This Case is also Reported in: 54 DLR (2002) 280...Category: Election Law | Date: | Hits: 88
....rney-General with FKM Ahsan, Assistant Attorney- General—For the Respondents.
Writ Petition No. 724 of 1994.
Judgment
MA Aziz J. - Under challenge in this Rule is the legality of the order dated 18-11-93 as contained in Annexure “F” passed by the National Board of Revenue, Government ......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.
..
Category: Fiscal/Taxation Law | Date: | Hits: 69
Ramesh Chandra Chowdhury @ Das Vs. Naresh Chandra Das @ Chowdhury, 1999, 28 CLC (HCD)
....vocate—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, Narshingdi in Title Appeal No.20 of 1994 shou......cuted in terms of section 85 of the Evidence Act, the petitioner is not entitled to the benefit of Order 3 rule 2(a) of the Code of Civil Procedure. No error of law has been committed in the impugned decision and no failure of justice has been occasioned. 7. It appears that this application was f..Category: Property Law | Date: | Hits: 39
Shah Alam (Md.) Vs. Abul Kalam and others, 2001, 30 CLC (HCD)
....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 judgment and order dated 28-11-99 passed by the Subordinate Judge, 2nd Court at Noakhali in Miscellaneous Case No. 21 o......ot 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 the decision in the case of Australasia Bank Vs. Abdul Aziz Jan, PLD 1983 Peshawar 64 and that of NWFP V..Category: Limitation Law | Date: | Hits: 175
Anil Kumar Ghosh Vs. Shamir Kumar Ghosh, 2001, 30 CLC (HCD)
....is further stated that the design and copyright in the trademark No. 38902 in class 29 has also been registered in favour of the opposite party No.1 by the copyright office under application No. 5686 dated 31-12-96 which also gives exclusive right of using the design forming trade mark “New Baghab......29 and No. 55568 in class 29 are expunged from the register of the Trade Marks and the Registrar is directed to rectify the same accordingly. Ed. This Case is also Reported in: 54 DLR (2002) 273...Category: Intellectual Property Law | Date: | Hits: 200
Protima Sen and others Vs. Chitra Rani Dey and another, 1999, 28 CLC (HCD)
....vocates—For the Petitioners. Harendra Nath Nondy, Advocate-For the Opposite Parties. Civil Revision No.1882 of 1998. Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 18-3-98 passed by the 1st Court of Subordinate Judge, Sadar Chittagong, in Partition Suit No.8...... Gostha Bihari Das, reported in 60 CWN 829. Mr. Nondy then cited before us the case of Kshirode Chunder Ghosal and another Vs. Saroda Prosa Mitra reported in 12 CLI 525. 16.On perusal of the cited decisions we find that only in the case reported in AIR 1973 Allahabad 58 a Single Judge took the vi..Category: Property Law | Date: | Hits: 42
Tanveerul Haque Vs. Unistar Shipping Limited and ors., 1999, 18 CLC (HCD)
....t Nos. 1 and 2. Civil Revision No. 3616 of 1996. Judgment Md. Tafazzul Islam J.- This Rule was issued calling upon the Opposite Party Nos. 1 and 2 to show cause as to why the impugned order dated 8-9-1996 passed by the learned Subordinate Judge, 2nd Court Chittagong in Money Suit No. 31 of......undertake to subscribe to or acquire more shares in the company but this obligation is a contractual obligation and not an obligation flowing from his status as a member of the company. 10. In the decision reported AIR 1932 PC 244 cited by Mr. Nurullah, the company filed a suit making a claim aga..Category: Company Law | Date: | Hits: 197
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