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Category: Employment/Service Law | Date: | Hits: 75
Mansur Ali Howlader Vs. Nurul Islam Howlader, 2004, 33 CLC (HCD)
....he Court of the Subordinate Judge, Barisal for declaration of title against the opposite parry Nos. 17-22 over the land described in the schedule of the plaint contending, inter alia, that one Omesh Chandra Hajra, the predecessor of defendant-opposite party Nos. 17-21 being the owner of the suit lan......am Howlader..........................................Opposite Parties. Judgment October 31, 2004. Cases Referred to- Indomoti Howlader Vs. ADC and others, 50 DLR 444; Delwar Hossain Vs. Government of Bangladesh and others, 50 DLR 494; HM Saya and Co Vs. Wajir Ali Industries Ltd and Habi......ppeal in accordance with law and to dispose of the appeal within 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 58 DLR (2006) 304, 26 BLD (HCD)(2006) 53...Category: Property Law | Date: | Hits: 81
Abdur Rashid Salam Vs. Md. Moniruzzaman, 2005, 34 CLC (HCD)
....second objection is that the instant Rule issued on the revisional application filed under section 115(1) of the Code is not maintainable against the impugned judgment and decree. 17. On the other hand, the learned Advocate appearing for the plaintiff-petitioner contends that the revision is main......f the suit premises under a renewable agreement of tenancy for a period of 2(two) years which expired on 30-4-2003. The plaintiff-petitioner, however, is in possession of the suit premises by holding over by paying rents through the House Rent Controller in House Rent Case No. 25 of 2003 since the d......o granted earlier by this court is also vacated. Send down the lower court records at once if already received by the office of this Court. Ed. This Case is also Reported in: 58 DLR (2006) 298. ..Category: Procedural Law | Date: | Hits: 90
Nabisco Biscuit and Bread Factory Ltd. Vs. Baby Food Products Ltd. and another, 2005, 34 CLC (HCD)
....ioner Vs. Baby Food Products Ltd. and another ………………………………Opposite Parties. Judgment June 28, 2005. Cases Referred to- Hindustan Pencils Pvt. Ltd, Vs. Prem Chand Gupta trading as Universal Trade Co. 1985 PTC, 33; Lakshmi Narayan Karva and others Vs. Satyana......nvalidation and Summary Registration) Order, 1973 (PO No. 19 of 1973). The Petitioner claim that it has been using that said mark for its various products including lozenges and has gained reputation over the past years. It is claimed by the petitioner that the subsequent registration of the mark of......ected to take necessary steps in accordance with law to effect rectification of the Register of Trade Marks in the light of this Judgment. Ed. This Case is also Reported in: 58 DLR (2006) 287. ..Category: Intellectual Property Law | Date: | Hits: 386
Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed and others, 2006, 35 CLC (HCD)
....Kha' fixing total consideration money amounting to Taka 2500 and Nurul Huque subsequently, on 13-3-1959 received an amount of taka 1000 by issuing proper receipt from the rest consideration money and handed over the possession of the suit schedule 'Kha' land to the plaintiff; that the plaintiff deve......xing total consideration money amounting to Taka 2500 and Nurul Huque subsequently, on 13-3-1959 received an amount of taka 1000 by issuing proper receipt from the rest consideration money and handed over the possession of the suit schedule 'Kha' land to the plaintiff; that the plaintiff developed t......aside and the original suit being Miscellaneous Appeal No. 76 of 1992 be restored to its original file and number. Ed. This Case is also Reported in: 58 DLR (2006) 277, 26 BLD (HCD) (2006) 388. ..Category: Property Law | Date: | Hits: 115
Kazi Rashed Akhter Shahid (Prince) Vs. Rokshana Choudhury (Sanda), 2006, 35 CLC (HCD)
....r referred the case of Serajul Islam Vs. Helana Begum and others reported in 48 DLR 48 in support of his contention. 13. Mr. Abul Quashem. the learned Advocate for the opposite party, on the other hand, submits that the plaintiff-respondent-opposite party as plaintiff instituted Family Suit No. 1......of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 271, 26 BLD (HCD) (2006) 613. ......of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 271, 26 BLD (HCD) (2006) 613. ..Category: Family Law | Date: | Hits: 184
Executive Engineer, Sylhet Public Works Department Vs. Md. Asob Ali, 2005, 34 CLC (HCD)
....as security in favor of the defendant-petitioner; and that the defendant-petitioner accepted the earnest money and gave assurance to the plaintiff-opposite-party that the auctioned materials would be handed over to him within a short time subject to receiving survey report from the higher authority;......rity in favor of the defendant-petitioner; and that the defendant-petitioner accepted the earnest money and gave assurance to the plaintiff-opposite-party that the auctioned materials would be handed over to him within a short time subject to receiving survey report from the higher authority; subseq......o costs. The order of stay passed at the time of issuance of the Rule is hereby vacated. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 58 DLR (2006) 236. ..Category: Business or Commercial Law | Date: | Hits: 209
Tahera Begum and others Vs. Mizanur Rahman (Md.) and others, 2004, 33 CLC (HCD)
....Nos. 1 to 4 and 6 obtained the Rule upon making a revision application under section 115 of the Code of Civil Procedure against an order dated 27-7-2002 passed by Joint District Judge, Court No.2 at Chandpur in Title Suit No. 12 of 2002, which stayed all further proceeding of Title Execution Case No...... in Title Suit No. 12 of 2002 staying all further proceedings of Title Execution Case No. 1 of 2002 is hereby set aside. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 224....... in Title Suit No. 12 of 2002 staying all further proceedings of Title Execution Case No. 1 of 2002 is hereby set aside. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 224...Category: Property Law | Date: | Hits: 72
Rafique Ullah (Md) Vs. Badsha Alam and others, 2005, 34 CLC (HCD)
....SamadAli reported in 33 DLR (AD) 113. 7. Mr. Md. Khalilur Rahman Bhuiyan along with Mr. Mohammad Mofazzal Hossain, the learned Advocates appearing for the pre-emptor opposite parties, on the other hand, vehemently submits that the pre-emptee-petitioner did not raise any specific objection with re......e-emption is maintained. The order of stay earlier granted by this Court stands vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 58 DLR (2006) 221. ......e-emption is maintained. The order of stay earlier granted by this Court stands vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 58 DLR (2006) 221. ..Category: Property Law | Date: | Hits: 67
Badel Alam Howlader Vs. Falu Dewan and others, 2004, 33 CLC (HCD)
....f the cancellation of the kabuliat, the opposite parties were left without any land, which seriously affected their source of income and consequently, their livelihood. 10. Mr. Haque, on the other hand, contends that without traversing the reasons and positive findings of the trial Court, the low......findings of the trial Court, the lower appellate Court was wrong in reversing the judgment of the trial Court. 11. It appears from the impugned judgment that the lower appellate Court has not controverted the positive finding of the trial Court as to the possession of the suit land. Furthermore, ......ly within a period of 3 (three) months from the date of receipt of this order. Communicate the order and send down the lower Court records. Ed. This Case is also Reported in: 58 DLR (2006) 218. ..Category: Property Law | Date: | Hits: 66
Afil Jute Mills (Pvt) Ltd. and others Vs. Bangladesh, 2006, 35 CLC (HCD)
.... Rule and it must fail. In the result, the Rule is discharged for the above reasons without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 207, 26 BLD (HCD) (2006) 361. ......or of the petitioner company and the petitioner Nos. 3, 4, 5 and 6 are the Directors of the petitioner company. The petitioner company was nationalised under the policy of the nationalisation of the Government. But subsequently pursuant to the government denationalization policy the petitioner compa......d under the policy of the nationalisation of the Government. But subsequently pursuant to the government denationalization policy the petitioner company was denationalised and restored to its earlier management by an agreement dated 30-11-1982 made between the government of Bangladesh, Bangladesh Ju..Category: Civil Law | Date: | Hits: 125
State Vs. Md. Shahjahan, 2004, 33 CLC (HCD)
....€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioner Vs. Md. Shahjahan…………………………………Condemned-Prisoner. Judgment March 22, 2004. Cases Referred to- KhandokarSaiful Islam Vs. State 50 DLR (AD) 26; Gulahat Khun Vs. State 23 DLR (Pesh) 7; Karim Vs. Sta......ched at Raipur Branch of Sonali Bank. The Bank employees are Cashier Shamsul Alam. Typist Shamsul Islam and the Guard Shahjahan (accused). Shamsul Alam and Shamsul Islam entered into the Bank to hand over required cash leaving the convict-appellant in the baby taxi with the rest cash. All on a sudde...... accused condemned prisoner Md. Shahjahan be set at liberty at once if not wanted in any other case. The Lower Court's Record is sent down. Ed. This Case is also Reported in: 58 DLR (2006) 203. ..Category: Criminal Law | Date: | Hits: 96
Ali Akbar (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....eing the elected representative of the people of the entire Union Parishad has the vested right to continue with the office of Chairmanship and, as such, he cannot be removed so lightly. On the other hand, an acting Chairman is chosen from among the members of the Union Parishad unlike the elected C......inal Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Ali Akbar (Md.) ………………………………………………………………..Petitioner Vs. Government of Bangladesh and others……………………………Respondents. Judgment Augus......dingly, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 201...Category: Election Law | Date: | Hits: 83
Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)
....harge against him and that while discharging him the learned Additional Sessions Judge has overlooked the reasoning of the learned Magistrate. 4. Mr. Mujibur Rahman, learned Advocate, on the other hand, submits that after deletion of Chapter XVIII by the Law Reform Ordinance No. XLIX of 1978 with......ging the accused Mofizur Rahman in failing to notice that there are sufficient materials on record to frame charge against him and that while discharging him the learned Additional Sessions Judge has overlooked the reasoning of the learned Magistrate. 4. Mr. Mujibur Rahman, learned Advocate, on t......order is set aside. The learned Additional Sessions Judge is directed to proceed with the case in the light of the observations made above. Ed. This Case is also Reported in: 58 DLR (2006) 193. ..Category: Criminal Law | Date: | Hits: 49
HRC Shipping Ltd. Vs. MV X-Press Manaslu, MV X-Press Resolve & others, 2006, 35 CLC (HCD)
....dingly, the vessels cannot be arrested in the above suit as the claim in the suit cannot be enforced in an action in rem against the vessels which are owned by strangers to the disputes. On the other hand, it is the plaintiffs contention that the shareholders of the company which owns MV X-Press Man......terms or conditions of this Agreement if such failure is due to war/war-like situation, civil commotion, labour go-slow, inclemental weather, excessive port congestion, rebellion, sabotage, strikes, governmental (national, state, territorial, prefecture, municipal or other) regulations, controls or ...... The defendant No. 1 is directed to bear all expenses of the Marshal and his team in connection with the release of the vessel. Ed. This Case is also Reported in: 58 DLR (2006) 185; 12 MLR 265. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 314
Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)
.... never took over possession of said property as abandoned property. Schedule-1 (Kha) was not part of the industrial unit, Rupkatha cinema hall. The Deputy Commissioner as district Administrator never handed over possession of said property to the Ministry of Industries. The Ministry of Industries ne......ce. Ed. This Case is also Reported in: 58 DLR (2006) 176. ......riginal owners left the country, schedule-1 (Kha) property became enemy and ultimately, vested in the Government. The Deputy Commissioner, Comilla on behalf of the Ministry of Land was in control and management of said shops of schedule 1 (kha) by granting lease on receipt of lease money from eight ..Category: Property Law | Date: | Hits: 159
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....R (AD) 19; Madhu Limaye Vs. Superintendent Tihar Jail, Delhi, AIR 1975 (SC) 1505; Ghyas Siddique Vs. Bangladesh, 43 DLR 179; BC and Company Vs. Union of India, AIR 1973 (SC) 107; Bangladesh Vs. Syed Chand Sultana and others, 51 DLR (AD) 24; Dhaka Warehouse Ltd Vs. Assistant Collector. Customs 1991 B......R (AD) 347; Jibon Kumar Barman Vs. M Abdul Hye Chairman of the Election Committee and others, 48 DLR 569; Sultana Nahar Vs. Bangladesh and others, 1998 BLD 363 = 2 BLC 430; Md. Abdur Rashid Khan Vs. Government of the People's Republic of Bangladesh, 6 MLR (AD) 8; Shahabuddin (Md.) Vs. Secretary, Min...... Rule Nisi was issued calling upon the respondent, Mr. Anwar Hossain, to show cause as to why his acts of issuing the impugned orders contained in Annexures-A, A-1 and A-2 directly taking part in the management and running of the business of the petitioner No.2, Ittefaq Group of Publications Ltd., s..Category: Information Technology Law | Date: | Hits: 324
Moulana Md. Abdul Kader Azadi Vs. Government of Bangladesh and other, 2005, 34 CLC (HCD)
....ar concerned to show cause in writing, within a specified time, why the proposed action shall not be taken. The notice shall contain the allegations against the Nikah Registrar. 11. In the case in hand, we find that the notice was served upon the petitioner specifying the charge brought against h......t Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Moulana Md. Abdul Kader Azadi……………………………..Petitioner Vs. Government of Bangladesh and others………………………..Respondents. Judgment April 19,......ce with law. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 114. ..Category: Employment/Service Law | Date: | Hits: 81
Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)
....gned proceeding so far as it relates to the petitioner is liable to be quashed. 8. Mr. Abdur Rezaque Khan, learned Additional Attorney-General appearing on behalf of respondent No. 3, on the other hand, submits that the present Writ petition is not maintainable and that the petitioner is a fugiti......as mentioned that on secret information respondent No. 5 came to learn that imported items (fabrics) as mentioned in the said letter would be sold out in the open market and thereby a huge amount of Government revenue would be evaded. It was also stated in the said letter that to prevent sale of tho......no order as to costs. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 106, 26 BLD (HCD) (2006) 83. ..Category: Criminal Law | Date: | Hits: 158
Dr. Abdur Rahman and others Vs. Chairman, RAJUK & others, 2005, 34 CLC (HCD)
....an infirm one, and the impugned order suffers from gross illegality, he contends. 7. Mr. Shah Md. Khasruzzaman, the learned Advocate appearing for the defendants-opposite party No. 1, on the other hand, submits that it is true the impugned order is a non-speaking order but that defect itself is n...... whereby part of the said purchased land has been acquired by RAJUK. 3. It is further stated in the petition that the petitioners applies to the defendant No. 5 i.e. Secretary, Ministry of Works. Government of Bangladesh, for clearance to build a 2 Star International Hotel and on proper inquiry t......ceived and there is no scope to interfere with the impugned order. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 103. ..Category: Civil Law | Date: | Hits: 99