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State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)

.... of 29-8-2000 in Dhaka Medical College Hospital, where he was under treatment. In cross-examination, she stated that their dwelling house was within the area of the park, which covered 30/35 acres of land. The entry fee in the park was Taka 10 per head. There was a guard on the gate. On the date of ......007) 653. ......Rupganj Police Station Case No. 20(8)2000 by the judgment and order dated 18-1-2004. Those convicts were also sentenced to pay a fine of Taka 10,000 each. Challenging the legality and propriety of that judgment and order of conviction and sentence, condemned prisoner Abu Taher alias Taha preferred......ers vs. State, 45 DLR (AD) 140; Shahjahan vs. State, 46 DLR 575; Srimanta Manna and another vs. State, AIR 1960 (Cal) 519; Zilu Miah and others vs. State, 1988 BLD 418; Moni Mohan Ghose vs. King Emperor 35 CWN 623Ghulam Kadir vs. Crown, PLD 1950 Bagdadl Jadid 51; Nurjahan Begum vs. State, 1988 BLD 3..

Category: Criminal Law | Date: | Hits: 40

AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)

....t them, the learned Advocates not only misled the Court in issuing the Rule but also committed a professional misconduct by practicing fraud upon the Court, which is punishable under the law of the land. We are ashamed to find that a Senior Lawyer defended the petitioners who, under the facts and ...... J Sheikh Abdul Awal J AKM Iftekhar Ahmed and another……………..Petitioners Vs. State………….….Opposite Party Judgment April 4, 2007. Cases Referred To- Nirmal Krishna Chanda vs. State 33 DLR 12; Nurun Nahar Zaman vs. State 1995...... 537; MA Wahab, Advocate vs. State 1990 BLD (AD) 50 = 42 DLR (AD) 223; Saidur Rahman vs. State 40 DLR (AD) 281; Moulana Md. Yousuf vs. State 3 BLC (AD) 171; Chand Shab vs. Crown 8 DLR (FC) 24; Aziza Khatun vs. State 19 DLR 354; State vs Khandker Shamsul Huq 19 DLR 526; Asif Ali vs. State 25 DLR (SC)...... 13 DLR 851; Md. Ayub Khan vs. Custodian of Evacue Property 15 DLR (WP) 93; State vs. Delwar Hossain 12 DLR 613. Lawyers involved: Rokanuddin Mahmud with Sheikh Hasan Arif, Advocates—For the Petitioners. MA Muntakim, Advocate—For the Informant-Opposite Party. Criminal..

Category: Criminal Law | Date: | Hits: 97

Executive Engineer, Roads and Highways Vs. Naderuzzaman and others, 2007, 36 CLC (HCD)

....laintiff and the defendant No. 2 entered into a new agreement with the same terms and conditions on 31-8-96 and the plaintiff was given delivery of possession of the suit property and he improved the land by filling earth at cost of about Taka 15,00,000 and also built approach road and brought const......urt records. Ed. This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ......is based on the grounds mentioned in rule 1 of Order XLVII of the Code, the Court will not sit on the matter again for a rehearing or further hearing which is already concluded by a decision even if that be erroneous……………..[Fazle Karim vs Government of Bangladesh, 48 DLR (AD) 178] Cases......ways.........................Petitioner Vs. Naderuzzaman and others............... Opposite Parties Judgment August 5, 2007. Result: The Rule is made absolute. Unless a prayer for review is based on the grounds mentioned in rule 1 of Order XLVII of the Code, the Court will not..

Category: Procedural Law | Date: | Hits: 75

Bellal Hossain (Md) & others Vs. Md. Yasin Ali Mondal and ors., 2007, 36 CLC (HCD)

....arer tenant instituted Miscellaneous Case No. 11 of 1995 under section 96 of the State Acquisition & Tenancy Act, 1950, in the Court of Assistant Judge, Naogaon, for pre-emption of 0.56 acre of land out of 5.49 acres described in Police Station Atrai, Mouza Paharpur Bujruk, RS Khatian No. 171,...... Court Division (Civil Revisional Jurisdiction) Present: SM Ziaul Karim J Bellal Hossain (Md) & others………………Pre-emptee-Petitioners Vs. Md. Yasin Ali Mondal and others....……….Opposite Parties Judgment February 4, 2007. ......ellaneous Case No. 11 of 1995 should not be set aside and or pass such other order or further order or orders as to this Court may deem fit and proper. 2. Short facts leading to this Rule are that on 15-3-1995 the pre-emptor (herein opposite party No. 1), claiming to be a co-sharer tenant ins...... Ali Mondal and others....……….Opposite Parties Judgment February 4, 2007. Result: The Rule is made absolute. Case Referred to- Hajarilal Mondal vs. Md. Mozaffor Bepari, 8 BLC (AD) 7. Lawyers involved: Lutfor Rahman Mondol with KM Zahid Sarwar, ..

Category: Property Law | Date: | Hits: 23

Abdur Rashid Miah and another Vs. Md. Zami Shah Newaz and others, 2007, 36 CLC (HCD)

....ioners as plaintiffs instituted a suit being Title Suit No. 33 of 1994 in the Court of the learned Subordinate Judge, 2nd Court, Bhola for specific performance of contract in respect of 'Ka' schedule land of the plaint and also for declaration that the 4 (four) deeds of sale described in 'Kha' Sched......d in: 59 DLR (2007) 625; 13 MLR (HCD) (2008) 317. ......Title Suit No. 33 of 1994 in the Court of the learned Subordinate Judge, 2nd Court, Bhola for specific performance of contract in respect of 'Ka' schedule land of the plaint and also for declaration that the 4 (four) deeds of sale described in 'Kha' Schedule of the plaint were null and void, Collusi......he Rule is disposed of with modification. Cases Referred to- Tarak Chandra Maghi vs. Atahar Ali Howlader, 8 MLR (AD) 209; 8 BLC (AD) 67. Lawyers involved: Md. Shamsul Alam, Advocate — For the Petitioners. Abdul Quayum with Tapash Kumar Biswas and Md. Ali Reza, Advocates—For the O..

Category: Property Law | Date: | Hits: 32

Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....itra's Dictionary it has been quoted as "any earning either form of interest or capital profit". Whereas in Venkata Ramayas Law Lexicon it has been said, "Income from capital investment, ownership of land, savings, interest and dividends". In support of the dictionary meaning, Mr. Haque has referred...... J Angels Corporation (Pvt.) Ltd. and another……………..Petitioners Vs. Bangladesh and others ……………………………….. Respondents Judgment February 18, 2007. Cases Referred To- Krishnapada Talukder vs. Geeta Shree Talukder 47 DLR 591; Motiur Rahman vs. Cho...... pending before the Artha Rin Adalat No. 1, Dhaka against the petitioner under the provisions of the Artha Rin Ain, 1990. 3. Short facts, relevant for the purpose of disposal of the Rule, are that the respondent No. 3, Janata Bank, Corporate Branch, Motijheel Commercial Area, Dhaka as plain.......Ed.This Case is also Reported in: 59 DLR (2007) 601. ..

Category: Others | Date: | Hits: 104

Integrated Services Ltd. Vs. Commissioner (Current Charges), Customs and others, 2007, 36 CLC (HCD)

....t of Bangladesh. No question of evading customs duty or other tax did arise. In this age of globalisation, execution of any document for transfer of shares to be stamped with such stamps in a foreign land is not any unusual phenomenon. Declaration or failure to declare by a passenger becomes relevan......s by 24th day of May, 2007, positively. Ed. This Case is also Reported in: 59 DLR (2007) 597.......ner, respondent No. 3 (Annexure-R) directing the petitioner to appear before him for personal hearing was challenged. 2. The facts and circumstances, in which the Rule was obtained, in short, are that the petitioner is a private limited company, incorporated in Bangladesh. Pursuant to a Joint Ven......efund the, detained non-adhesive share transfer stamps by 24th day of May, 2007, positively. Ed. This Case is also Reported in: 59 DLR (2007) 597...

Category: Business or Commercial Law | Date: | Hits: 178

Manzu Sweeper Vs. State, 2005, 34 CLC (HCD)

.... a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 593; 13 MLR (HCD) (2008) 417. ...... The Special Powers Act, 1974 (Act No. XIV of 1974); section 25A The object of the legislation is to prevent using, selling or trafficking in any way in counterfeit or forged notes. The offence as made under section 25A of the Special Powers Act, 1974 is no doubt of serious nature and may enta......sion or use of a forged or counterfeit note does not ipso facto prove the charge under section 25A of the Special Powers Act, 1974 against one unless he had used it with the knowledge or belief that it was forged or counterfeit. A conviction under the section can only be held valid when the pro......t Judgment June 13, 2005. Result: The appeal is allowed. The Special Powers Act, 1974 (Act No. XIV of 1974); section 25A The object of the legislation is to prevent using, selling or trafficking in any way in counterfeit or forged notes. The offence as made under section 25A of t..

Category: Criminal Law | Date: | Hits: 40

Mofidul Haque (Md) Vs. Bangladesh, 2006, 35 CLC (HCD)

....ently the relevant provision of Article 6 of the Paris Convention is not at all attracted and the Paris Convention cannot override the provision of the Trade Marks Act, 1940, the municipal law of the land. Lastly, he has argued that the respondent No. 2 failed to prove the user of the mark in Bangla...... Moyeenul Islam Chowdhury J Mofidul Haque (Md)…………………..Appellant Vs. Bangladesh……………..Respondents Judgment December 12, 2006. Cases Referred To- Haque and Company Ltd. Vs. Messrs Western Soap Factory and others,43 DLR 30...... 2. The respondent No. 2 made an application under sections 37 and 46 of the Trade Marks Act for removal of registered trade mark No. C-6724 in class 25 from the register alleging, inter alia, that Adarsha Gupta, a partner of 4/42, Punjabi Bagh, New Delhi, India, the applicant, is the prior ad...... The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ..

Category: Intellectual Property Law | Date: | Hits: 198

Jaban Ali and others Vs. Tazir Muhammad and others, 2007, 36 CLC (HCD)

....claration of title to the suit property. On transfer, the same was re-numbered as Title Suit No. 51 of 1981. 3. The plaintiffs' case, in brief, is that Dabiruddin Ahamed Chowdhury was the original landlord of the suit property, who granted pattan to Bazru Mahmud, predecessor of the plaintiffs; th......t: SM Ziaul Karim J Jaban Ali and others………………….Plaintiff-Petitioners Vs. Tazir Muhammad and others………………Opposite Parties Judgment February 31, 2007. Cases Referred To- Shyamal Chandra Roy vs. Probhat Chandra Roy, 51 DLR 504, Shahabuddin Ahmed vs. ......�……………….Plaintiff-Petitioners Vs. Tazir Muhammad and others………………Opposite Parties Judgment February 31, 2007. Cases Referred To- Shyamal Chandra Roy vs. Probhat Chandra Roy, 51 DLR 504, Shahabuddin Ahmed vs. Upazila Education Officer, Bakerganj 41 DLR 168, ......y vs. Probhat Chandra Roy, 51 DLR 504, Shahabuddin Ahmed vs. Upazila Education Officer, Bakerganj 41 DLR 168, 5 DLR 89, PLD 1968 Peshawar, 134. Lawyers involved: Md. Nazibar Rahman, Advocate—For the Petitioners. Not represented—For Opposite Party Nos. 1 and 2. Civil Revision No. 61 o..

Category: Property Law | Date: | Hits: 23

Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)

....h Biswas concealed facts and obtained the Letter of Administration by practising fraud upon the Court. The respondent No. 1 claimed that the testator Harinath Majumder orally gifted 0.20 acres of land in plot No. 223 in favour of his father Kalicharan Majhi. After such gift the petitioner's fath......so Reported in: 59 DLR (2007) 579. ......nt) Rabindra Nath Majhi filed an application under section 263 of the Successi on Act on 18-11-85 for revocation of the Letter of Administration before the learned District Judge on the allegation that the grant was obtained by resorting to forgery. The testator Harinath Majumder did not execute t......�……………………..Appellants Vs. Rabindra Nath Majhi and others……………………..Respondents Judgment August 8, 2007. Cases Referred To- Manorama vs. Shiva Sundari 24 CWN 480. Kali Das vs. lshan Chander 31 Cal 914 (PC); State vs. Pali Ram, ..

Category: Property Law | Date: | Hits: 68

Bura Yunus and others Vs. State, 2007, 36 CLC (HCD)

.... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549.......ly by this judgment. 2. Criminal Appeal No. 2468 of 2002 arose from the judgment and order dated 22-5-2002 of the Metropolitan Assistant Sessions Judge, 5th Court, Dhaka in Metropolitan Sessions Case No. 713. of 1999 and Criminal Appeal No. 2469 of 2002 arose from the judgment and order dated 22...... were put on trial to face charges under sections 399/402 of the Penal Code. Some appellants who had faced trial and they pleaded not guilty and claimed to be tried. Their defence case, in short, is that they have been falsely implicated in the case, that they have not assembled at the place of occu......K Sinha J Mamnoon Rahman J Bura Yunus and others………………….Appellants Vs. State…………………Respondent Judgment May 3, 2007. Lawyers involved: Md. Tareque Morshed, Advocate—For the Appellants. Saifuddin Md. Aminur Rahim, Deputy-Attorney-General—For ..

Category: Criminal Law | Date: | Hits: 90

Khalilur Rahman (Md) Vs. Asgar Ali, 1999, 28 CLC (HCD)

....li as plaintiff instituted a suit in the Court of the Senior Assistant Judge, Thakurgaon being Title Suit No. 20 of 1986, for declaration of title and recovery of khas possession in ‘ka’ schedule land after demolishing the structures standing thereon and for permanent injunction in respect of th......: Gour Gopal Saha J Khalilur Rahman (Md)……………………Petitioner Vs. Asgar Ali…………………………………………Opposite Party Judgment March 21, 1999. Case Referred To- Onkar Bhikaram Vs. Balmukund Javarchand, Madhya Bharat, 135. Lawyers Involved......tant Judge, Thakurgaon in Title Suit No.20 of 1996 rejecting the defendant-petitioner’s prayer for cross- examining plaintiff Md. Asgar Ali. 2. Short facts relevant for disposal of the Rule are that, opposite party No. 2 Md. Asgar Ali as plaintiff instituted a suit in the Court of the Senior As......��…Opposite Party Judgment March 21, 1999. Case Referred To- Onkar Bhikaram Vs. Balmukund Javarchand, Madhya Bharat, 135. Lawyers Involved: Mohammad Nazibar Rahman, Advocate — For the Petitioner. Not represented —the Opposite Party. Civil Revision No. 3124 of 1997. ..

Category: Procedural Law | Date: | Hits: 76

Dr. Md. Kamrul Ahsan Talukder Vs. Nurun Nahar and others, 2009, 38 CLC (AD)

....ss Suit No.58 of 1993 dismissing the Suit. 2. The facts involved in the case, in short, are that Sharat Chandra Das, Subash Chandra Das and Satish Chandra Das were the owners of the .0606 acres of land which is the disputed land and that the said land was transferred to Gopal Chandra Barman and......m Mominur Rahman J Dr. Md. Kamrul Ahsan Talukder…………............Appellant Vs. Nurun Nahar and others…………………………………Respondent Judgment May 5, 2009. Cases Referred To- Kandu and others Vs. Woghu 3 DLR (PC) 310; Ma Shere Mye Vs. Maung Mothkaugn (3)......reversing those dated 11.10.1994 of the Senior Assistant Judge-in-Charge, Mymensingh Sadar, in Other Class Suit No.58 of 1993 dismissing the Suit. 2. The facts involved in the case, in short, are that Sharat Chandra Das, Subash Chandra Das and Satish Chandra Das were the owners of the .0606 acres......nt May 5, 2009. Cases Referred To- Kandu and others Vs. Woghu 3 DLR (PC) 310; Ma Shere Mye Vs. Maung Mothkaugn (3) L.R. 48 & A 217. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Appellant. Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent Nos.1-9. Civil A..

Category: Property Law | Date: | Hits: 37

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

....l Subordinate Judge at Narayanganj passed in Title Suit No. 353 of 1992, which dismissed the suit. 2. The plaintiff instituted the suit against defendants for a decree of declaration that the suit land measuring 22.5 decimals fully described in schedule-Ka is a Waqf property and that two deeds of......aqfs for his perusal and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 95....... of Additional Subordinate Judge at Narayanganj passed in Title Suit No. 353 of 1992, which dismissed the suit. 2. The plaintiff instituted the suit against defendants for a decree of declaration that the suit land measuring 22.5 decimals fully described in schedule-Ka is a Waqf property and that...... Vs. Rabeya Begum, 32 DLR 63; Narain Das Vs. Kazi Abdur Rahim, (1920) 24 CWN 690; Shah Innayetuallah Vs. MA Khan, 16 DLR (SC) 238. Lawyers Involved: Zulfiqur Ahmed with Md. Salim, Advocates‑ For the Petitioner. Ozair Faruque with Shahidul Islam, Advocates‑ For the Opposite Party 1 (Ka)...

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

Zitu Ahsan alias Apon Vs. State, 2007, 36 CLC (HCD)

....t him of the said Ain. The appellant be set at liberty at once if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 528....... any other case. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 528.......x months simple imprisonment. 2. Prosecution case as has been narrated by Lipi Akhter, daughter of Dr. Md. Aizuddin of village Gutiab Agarpara, Police Station Rupganj, District Narayanganj being, that informant lodged an first information report with Rupganj Police Station stating, inter alia, th...... Cases Referred To- Mazharul alias Bhulan vs. State 10 BLC 209; Sohel Rana (Md.) vs. State 57 DLR 591; 1990 Criminal Law Journal (Calcutta) 650. Lawyers involved: ABM Waliur Rahman Khan—For the Appellant. Farida Yeasmin, Assistant Attorney-General with Md. Serajul Karim, Assistant At..

Category: Criminal Law | Date: | Hits: 44

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

....ain modifications. Over the years the common law rules excluding hearsay evidence have been found to be too stringent and, in certain cases, unjust and as a result a Law Commission was set up in England to investigate this matter. The Law Commission, upon scrutiny of the existing law, concluded th...... Ed. This Case is also Reported in: 59 DLR (2007) 505.......rial were observed. Since the Reference and appeals arise out of the same judgment, they are taken up together for hearing and disposal by this judgment. 3. The prosecution case, in brief, is that at 5-00 PM on 15-2-2002 the four accused persons, armed with Hashua, chora, knife, etc. tied a '...... (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. An..

Category: Criminal Law | Date: | Hits: 35

Tuta Pramanik (Md) Vs. State, 2007, 36 CLC (HCD)

....ce he disclosed that he has a betel nut shop at Narchi Bazar and police took his thumb impression on a blank paper and he further disclosed that appellant had enmity with his rich neighbour regarding land dispute. 13. PW 4 Yasin Ali Mondal was declared hostile when he stated in his chief th......l Islam J Tuta Pramanik (Md)………………………. Accused-Appellant Vs. State………………………………………………..Respondent Judgment February 22, 2007. Cases Referred To- Mahmudul Islam alias Raton vs. State 53 DLR (AD) 1; Kashem vs. State 54 DLR 212......3 convicting the appellant under section 19A and 19(f) of the Arms Act and sentencing him to suffer rigorous imprisonment for a period of 15 (fifteen) years and 7 years respectively and also ordered that both the sentences shall run concurrently. The Court also ordered that the total period which ac......e 2001 BLD 140 = 6 BLC 134; Abdur Razzaque 51 DLR 83; Kamruzzaman vs. Babul Sikder 47 DLR 416; Babul vs. State 5 MLR 377 and 1988 BLD 106 . Lawyers involved: Md. Abul Hossain Azadi, Advocate—For the Appellant. Md. Rabiul Karim, Assistant Attorney-General—For the State. Criminal Appea..

Category: Criminal Law | Date: | Hits: 42

Superintendent Engineer, PWD & another Vs. A Mahiuddin and others, 2007, 36 CLC (HCD)

....ant as plaintiff filed a suit being Title Suit No. 21 of 2000 in the court of the Subordinate Judge, First Court, Sylhet for declaration that the plaintiff has interest and possession in the suit land being lease holder with a prayer for permanent injunction against the defendants. 3. The cas......ineer, PWD & anr……………………………..Petitioners Vs. A Mahiuddin and others.............................................Opposite Parties Judgment February 11, 2007. Cases Referred To- Government of People's Republic of Bangladesh and others vs. Khashru Miah, 58 D...... Suit No. 21 of 2000 dismissing the suit. 2. The appellant as plaintiff filed a suit being Title Suit No. 21 of 2000 in the court of the Subordinate Judge, First Court, Sylhet for declaration that the plaintiff has interest and possession in the suit land being lease holder with a prayer for ......7; Mallikpur Fishermen's Cooperative Society vs. Secretary, Ministry of Land 1995 BLD (AD) 243 = 48 DLR(AD) 88; Baber Ali Pramanik vs. Mosar Ali Pramanik 45 DLR(AD)120. Lawyers involved: Md. Jafor Ali, Assistant Attorney-General—For the Petitioners. M. Khaled Ahmed, Advocate—For the Opp..

Category: Property Law | Date: | Hits: 28

Jinnat Ali (Md) Vs. Md. Abu Bakkar Siddique and others, 2002, 31 CLC (HCD)

....n 96 of the State Acquisition and Tenancy Act as an unnotified co-sharer by inheritance and as a purchaser in the case holding. His further case is, that the opposite party No. 2 sold away the case land by two registered kabalas dated 11‑5‑1992 in favour of the opposite party No.1 who is a str......: Md. Abdur Razzaque J Jinnat Ali (Md)..................................Petitioner Vs. Md. Abu Bakkar Siddique and others...............Opposite-Parties Judgment June 11, 2002. Case Referred To- Rafiqul Alam Vs. Rahimuddin Sarkar and others, 34 DLR 180; Munsuruddin Bhuiya Vs......hose of the learned Assistant Judge, Phulpur, District Mymensingh dated 29‑8‑1993 allowing the pre‑emption in Miscellaneous Case No. 91 of 1992. 2. Short facts for disposal of this Rule are that the petitioner as pre‑emptor sought pre‑emption of the impugned Kabala under section 96 of t......@ Kazal Khan and others, 50 DLR 544; Shafiq Mia and others Vs. Hafizuddin Ahmed and others, 11 DLR 353; Md. Azizul Bari Vs. Md. Ismail and another, 19 DLR 184. Lawyers Involved: None appears for the Parties. Civil Revision No. 156 of 1996. Judgment Md. Abdur Razzaque J.- This Rule ..

Category: Property Law | Date: | Hits: 37

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