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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. ......e party in an original miscellaneous proceeding may exercise the same right. It is needless to say that an ex parte decree or order passed against a party becomes final and binding upon him after the period of limitation. 16. The submission as to objection against authorisation at initial stage h..

Category: Limitation Law | Date: | Hits: 175

Anil Kumar Ghosh Vs. Shamir Kumar Ghosh, 2001, 30 CLC (HCD)

....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.......urther submitted that the present application is not maintainable as provisions of section 15 of the Trade Marks Act was not availed of. No objection was raised by the petitioner within the statutory period when the application of the opposite party No.1 for registration was advertised in the Journa..

Category: Intellectual Property Law | Date: | Hits: 200

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. ......g of the suit on 2-7-81. 20. In view of the fact that this is a very old case, the learned Subordinate Judge, 1st Court, Chittagong is directed to dispose of Partition Suit No. 88 of 1981 within a period of six months positively from the date of receipt of the order of the Court. Communicate t..

Category: Property Law | Date: | Hits: 42

Tanveerul Haque Vs. Unistar Shipping Limited and ors., 1999, 18 CLC (HCD)

....int of Money Suit No. 31 of 1995 of the Subordinate Judge 2nd Court, Chittagong is hereby rejected. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 215.......f the Companies Act of 1994 specifically provides that if any director absents himself from three consecutive meetings of the Board of Directors or from all meetings of the directors for a continuous period of three months whichever is the longer, without leave or absence from the Board of Directors..

Category: Company Law | Date: | Hits: 197

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.......tioner was a permanent citizen of Bangladesh by birth. He was a Presidium Member of Bangladesh Awami League. He was State Minister of Planning during the last Awami League Government. During the said period, he was also Minister in Charge for the Ministries of Civil Aviation and Tourism and of Scien..

Category: Election Law | Date: | Hits: 127

Aftab Hossain (Md) Vs. Secretary, Ministry of Home Affairs, Government of People’s Republic of Bangladesh, Secretariat & ors., 2001, 30 CLC (HCD)

.... 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.......Kotwali Police Station Case No. 30 dated 20-7-2001 corresponding to GR No. 357 of 2001 pending in the Court of Magistrate, First Class, Barisal and detenu was, also, enlarged on ad-interim bail for a period of six (6) months on furnishing bail bond to the satisfaction of the Deputy Commissioner, Bar..

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. ......ated. The Jail Code was prepared during British time. At that time there were state prisoners. Unfortunately, though several decades passed, no initiative was taken by any Government during this long period to make the Jail Code up to date. Though the Governments are found to be over zealous about p..

Category: Constitutional Law | Date: | Hits: 195

Nazem Uddin Vs. Election Tribunal and others, 1999, 18 CLC (HCD)

....to cost and the stay order 23-3-98 staying further proceeding of case No.1/98 pending before the Election Tribunal is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 189. ......very formal one and by way of clarification of the fact which are already on record and, as such, has not changed the nature or character of the case, far less introduction of any new case beyond the period of limitation. 5. The aforesaid amendments of the pleadings has reference to the averments..

Category: Election Law | Date: | Hits: 78

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. ......, or of any other immovable property of the judgment-debtor, the Court may, on his application, postpone the sale of the property comprised in the order for sale on such terms and conditions for such period as it thinks proper, to enable him to raise the amount.” 10. Thus rule 83 contemplated p..

Category: Civil Law | Date: | Hits: 76

Abdus Salam Vs. Md. Munshi Rashed Kamal & another, 2002, 31 CLC (HCD)

....ith the principles enunciated in the clause (a) of section 138 of the Act. Furthermore, the complainant-opposite party could not institute the aforesaid case against the accused-petitioner within the stipulated period in view of clause (b) of section 141 of the Act. 14. From the facts and backgro......The complainant-opposite party has controverted the contention made in the petition by filing counter-affidavit stating, inter alia, that the petition of complaint has been filed within the statutory period of six months in accordance with clause (a) of section 138 of the Negotiable Instruments Act ..

Category: Criminal Law | Date: | Hits: 62

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. ...... be stated as follows: The petitioner is owner of Trade Mark Nos. 29058 and 29059 in Class 29 with effect from 12-7-89 and after initial registration of these marks they were renewed for a further period of 15 years with effect from 12-7-96. It is alleged that in the meantime KAS Dairies Ltd. (he..

Category: Intellectual Property Law | Date: | Hits: 181

Kashem Vs. State, 2001, 30 CLC (HCD)

....the learned Special Tribunal, Kishoregonj in Special Tribunal Case No. 63 of 1995 is affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)212. ......nvicting accused appellant Kashem under section 19(A)(f) of the Arms Act and sentencing him thereunder to suffer RI for 10 years and to pay a fine of Taka 3000, in default, to suffer RI for a further period of one year. 2. The prosecution case, briefly stated, is that SI Md. Raisuddin accompanied..

Category: Criminal Law | Date: | Hits: 37

State Vs. Moslem, 2002, 31 CLC (HCD)

....upon condemned prisoner is maintained and Death Sentence imposed upon him is confirmed. Sentence shall be executed ill accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 116. ...... Keraniganj Police Station of District-Dhaka. He took shelter in the house of PW 2 in the night following 20th Kartik, 1402 BS and stayed there till before 8-00 PM on 28th Kartik, 1402 BS During that period accused developed intimacy with the inmates of the house including the victim Salma. His stay..

Category: Criminal Law | Date: | Hits: 82

Shebait Mohanta Sree Kedar Nath Achari Vs. Sree Khitish Chandra Bhattacharya and another, 1999, 28 CLC (HCD)

.... this order. Communicate the order to the Courts below. The application for vacating the order of stay is disposed of accordingly. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 176. ......gistrate gave importance on the receipts filed by the second party petitioner of payment of rent, electricity bills, union rate and auction notice without considering that those did not relate to any period prior to such taking over possession on 6-6-91 from the receiver in pursuance of order of sta..

Category: Criminal Law | Date: | Hits: 32

Maksuda Begum Vs. Secretary, Ministry of Home Affairs and 2 others, 1999, 28 CLC (HCD)

....ained in Dhaka Central Jail, is declared illegal and the said detenu be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 174.......l should not be brought before this Court to be dealt with in accordance with law. 2. The detenu was detained by order dated 19-9-1999 issued by District Magistrate, Barisal who was detained for a period of 30 days under section 3(2) of the Special Powers Act and the grounds of detention were com..

Category: Criminal Law | Date: | Hits: 44

Mahmudul Huq Vs. Mostafa Kamal and others, 2010, 39 CLC (AD)

....ter public interest must prevail upon individual interests. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 431.......the respondent No.2 published an advertisement on 01.09.2001 in the "Daily Ittefaque" for inviting tender for the purpose of lease of residential or commercial plots vide notice No.02/2001-2002 for a period of 99 (ninety nine) years as abandoned properties including building, structure, tree etc. st..

Category: Others | Date: | Hits: 81

Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)

....rder dated 13.9.84 passed by the learned Munsif is hereby restored. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 199. ......al Deputy Commissioner (Revenue) Comilla on 9.7.84 in a matter between the same par­ties and as he appeared before the learned A.D.C. (Rev) on that date it cannot be found that he was ill during the period mentioned by the Doctor in the Medical Certificate. In paragraph (a) of the petition for revi..

Category: Procedural Law | Date: | Hits: 95

Ratan Kha @ Rattan & Others Vs. State, 1988, 17 CLC (HCD)

....de is affirmed, but they are acquitted of the charge under section 397 of the Penal Code. Send down the records immediately. Ed. This Case is also Reported in: 40 DLR (1988) 186. ......ession Ext. 2 is incul­patory not exculpatory. It has been urged by Mr. S.M.A. Malek that Nurul Huq was taken before P.W.7 at 11 A.M. and remanded to jail custody at 2 P.M. and therefore the minimum period of reflection, i.e. three hours was not afforded to him, It has been rightly argued by Mr. A...

Category: Criminal Law | Date: | Hits: 49

Harun-or-Rashid Talukder Vs. District Manager, Pubali Bank, Jamalpur, 1988, 17 CLC (HCD)

....ver to reduce the sentence. In the result the appeal is dismissed but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 170. ...... the Bangladesh Bar Council in Tribunal Case No. 4 of 1983, finding the appellant guilty of gross professional misconduct under Clause (1) of Article 32 of P.O. No.46 of 1972 and suspending him for a period of 8 years and debarring him from practising in any Court or authority in Bangladesh during t..

Category: Others | Date: | Hits: 72

Falu Mia & others Vs. Safar Ali & others, 1988, 17 CLC (HCD)

....ke out any case for reception of addi­tional evidence in this case. The Rules are therefore discharged but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 165....... successors of deceased defendent No.1 Ismail applied for a certified copy of the judgment and decree of the High Court Division on 8.12.82 and received it on 13.3.83, i.e., after 96 days. Within the period of limitation the petitioners preferred Civil Petition for Special Leave to Appeal No.246 of ..

Category: Property Law | Date: | Hits: 29