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Firoz Hossain Shah (Md.) Vs. State, 2005, 34 CLC (HCD)
.... in the Court of Magistrate, First Class, Rangpur is quashed. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 58 DLR (2006) 361. ...... Petitioner. Md. Shaflquel Islam Siddique, Advocate—For the Opposite Party No. 2. Criminal Miscellaneous Case No. 4846 of 2004. Judgment Sharifuddin Chaklader J.- This Rule was obtained for quashment of the proceeding of CR Case No. 85 of 2003 pending in the Court of Magistrate, First ......rt of Magistrate, First Class, Rangpur. 2. Mr. Osman Ghani, learned Advocate for the petitioner, submits that the allegations disclosed in the petition of complaint are of civil nature and for the money involved in the petition of complaint the opposite party No.2, that is, Agrani Bank, Rangpur C..Category: Criminal Law | Date: | Hits: 46
Abdus Salam (Md.) Vs. Deputy Registrar of Trade Marks and others, 2005, 34 CLC (HCD)
....oducts under the trade mark with the word and device 'Crocodile' and they were given the registration of the said trade under class 25 after complying with the provisions law. The applicant could not claim to be the proprietor of the trade mark 'Crocodile' and although they claimed that they had bee......e Deputy Registrar of Trade Marks, Dhaka rejecting Rectification Case No. 244 of 1998. 3. Short facts leading to the filing of this trade marks appeal are that the appellant filed an application before the Registrar of Trade Marks, Dhaka under section 37 and 46 of the Trade Marks Act, 1940 (herei......a is directed to dispose of Trade Marks Appeal No. 5 of 2004 on merit in accordance with law. No order as to costs in any of the appeals. Ed. This Case is also Reported in: 58 DLR (2006) 343...Category: Intellectual Property Law | Date: | Hits: 189
Ismail Howlader and others Vs. State, 2006, 35 CLC (HCD)
....is four sons, had beaten up Nasir when he demanded the money. So the informant went to appellant Ismail's house and requested for holding a Salish for resolving the dispute. But Ismail denied Nasir's claim for money and refused to arrange the salish. Later on, at about 5-00 PM on the same day, appel......sions Case No. 69 of 1993. By that judgment the six appellants were found guilty of the charge under section 302 read with section 34 of the Penal Code and each of them were sentenced to imprisonment for life and also to pay a fine of Taka 2000 in default, to suffer rigorous imprisonment for 1 (one)......llants on 12-5-1993 at around 5-00 PM on the bank of the Khal at village Debraj under Police Station (shortly PS), Morelganj of District Bagerhat. The killing was the result of a dispute over some money (Taka 19,000) owed by the convict appellants to the victim, and also over a boat along with fi..Category: Criminal Law | Date: | Hits: 43
Nil Sen Singh Vs. Radha Mohan Singh and others, 2006, 35 CLC (HCD)
....tted grave error in giving 1/3 rd share in the suit land to the plaintiff. He further submits that admittedly Nemai Chand Singh had 1/3 rd share in the suit land out of which, the defendant No. 1 has claimed ½ share by way of oral purchase but he has failed to substantiate his claim by adducing any......hers, 27 DLR 413; Adusumilli Gopala Krishnayya Guru Vs. Province of Madras, PLD 1947 PC at page 180; A K Raha Ltd. Vs. State of Punjab, AIR 1961 (Calcutta) at page 166. Lawyers Involved: JN Deb for Mahbub Ali with Md. Ekranml Hoque. Foujia Afrin, Sharmin Jahan Zeba, Advocates—For the Petitio......tle Suit No. 2 of 2003 is set aside. The judgment and decree dated 30-1-2003 of the trial Court is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 329. ..Category: Property Law | Date: | Hits: 75
Abdul Khaleque Vs. Hazera Begum and another, 2006, 35 CLC (HCD)
....witness has corroborated the prosecution case that the petitioner inflicted injury upon the complainant and an attempt was made to compromise the matter. However, the complainant strongly refuted the claim that any compromise was ever reached and denied that she received any money. He pointed out th...... dismissing the appeal and upholding the order of conviction and sentence dated 30-9-1995 passed by the Metropolitan Magistrate, Dhaka in CR Case No.2473 of 1994, should not be set aside. 2. The informant, Hazera Begum and the petitioner, Abdul Khaleque are workers under the Dhaka Municipal Corpo......injury upon the complainant and an attempt was made to compromise the matter. However, the complainant strongly refuted the claim that any compromise was ever reached and denied that she received any money. He pointed out that the Courts below have not believed the fact of compromise and that, being..Category: Criminal Law | Date: | Hits: 97
Kazi Moniruzzaman and others Vs. Kazi Nuruzzaman and others, 2006, 35 CLC (HCD)
....y, briefly, be stated as follows; The predecessors of the plaintiffs and defendant Nos. 1 and 2 Kazi Abul Kashem filed Title Suit No. 153 of 1992 in the Court of Subordinate Judge, First Court, Dhaka claiming the suit property to have been acquired by him in the benami of his two sons defendant Nos.......e Code of Civil Procedure and is directed against an order No. 113 dated 6-2-2003 passed by the learned Joint District Judge, First Court, Dhaka in Title Suit No. 153 of 1992 rejecting an application for noncompliance of provisions of Order VIII, rule 1(5) of the Code of Civil Procedure. 2. The f......er Abul Kashem; that the loan was repaid by the defendants and the title papers were taken by their father by granting them a receipt; that father Abul Kashem granted two receipts on 24-12-1984 being money receipt and on 14-12-1990, acknowledgment receipt of document and that the plaintiff petitione..Category: Property Law | Date: | Hits: 131
Nabisco Biscuit and Bread Factory Ltd. Vs. Baby Food Products Ltd. and another, 2005, 34 CLC (HCD)
.... stated that the petitioner engaged a lawyer in order to oppose the registration of the impugned trademark No. 21508 in class 30 accordingly; Opposition Case No. 605 of 1988 was filed. The petitioner claims that the Registrar of Trade Marks, in violation of the statutory prohibition under section 10......teps 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. ......entary affidavit opposite party No. 1 filed numerous invoices relating to advertisement of its product from the year 1994 to 2000. It is claimed thereby that the opposite party has spent huge sums of money in advertising and building up the goodwill of its product to the full knowledge of the petiti..Category: Intellectual Property Law | Date: | Hits: 386
Sonali Bank Limited and others Vs. M/s. Fair Chemicals (Pvt) Ltd. and others, 2011, 40 CLC (AD)
....imposed upon the petitioner for payment to the plaintiff respondents. With these observations and directions this petition is disposed of. This Order is also Reported in: 19 BLT (AD) (2011) 52. ......e Petitioners. M. Amirul Islam, Senior Advocate, instructed by Md. Ferozur Rahman, Advocate -on-Record- For Respondent Nos.1 & 2. Not represented-Respondent Nos. 3-5. Civil Petition for Leave to Appeal No.188 of 2011. Order ABM Khairul Hague CJ.- This petition for leave to ap......imposed upon the petitioner for payment to the plaintiff respondents. With these observations and directions this petition is disposed of. This Order is also Reported in: 19 BLT (AD) (2011) 52. ..Category: Civil Law | Date: | Hits: 82
Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed and others, 2006, 35 CLC (HCD)
....filed a case No. 129 of 1963 in the Union Parishad wherein the Chairman, union Parishad, by his Order dated 21-2-1963 directed the plaintiff to seek remedy in the civil Court. The defendant No. 1’s claim is based on an alleged patta dated 15-4-1957 which is a void document. Due to threat of illega......f 1994 rejecting the application under Order IX, rule 13 of the Code of Civil Procedure. 2. The opposite party No.1 Syed Saifuddin Mohammed Jabeed as plaintiff instituted Other Suit No 76 of 1992 for declaration of title, separate possession and partition in the First Court of Subordinate Judge,...... receiving an amount of Taka 700 entered into an agreement for sale with the plaintiff on 27-2-1957 to sell 5 ganda 1 kara or 10.5 sataks land described in schedule ‘Kha' fixing total consideration money amounting to Taka 2500 and Nurul Huque subsequently, on 13-3-1959 received an amount of taka 1..Category: Property Law | Date: | Hits: 115
Kazi Rashed Akhter Shahid (Prince) Vs. Rokshana Choudhury (Sanda), 2006, 35 CLC (HCD)
....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. ......e case. 2. The plaintiff-opposite party Most Rokshana Choudhury (Sanda) filed Family Suit No. 11 of 1999 in the Court of the learned Senior Assistant Judge, Sadar and Family Judge, Tangail praying for declaration that the divorce dated 22-5-1998, 22-6-1998 and 22-7-1998 is illegal and void and fo......ed in the Family Suit No. 11 of 1999 in Tangail Sadar Assistant Judge and Family Judge Court and submitted written statement stating, inter alia, that the Kabin Nama was created illegally; that dower money shown therein is the product of forgery; that it was Taka 30,000 only, that the marriage was n..Category: Family Law | Date: | Hits: 184
MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)
....ruptcy Act, 1997 and the Rules framed there under (Bankruptcy Rules, 1997), it appears that the very purpose of the law is to make provisions relating to bankruptcy and realizations of the creditor's claim of matured debt and accordingly, Rule 33(6) provides that a plaint shall be presented by a cre......as to why the impugned order No. 16 dated 20-11-2000 passed by respondent No. 1 in Bankruptcy Case No. 6 of 2000 (Annexure-D) and the subsequent proceedings in Bankruptcy Case No. 6 of 2000 pending before respondent No. 1 should not be declared to have been passed without lawful authority and to be ...... No. 2 served formal demand notice in prescribed Form upon the defendant petitioner on 28-2-99 under section 9(2) of the Bankruptcy Act, 1997. But the defendant-petitioner neither paid the plaintiffs money nor provided the security against the payment. The cause of action of the suit arose at the of..Category: Civil Law | Date: | Hits: 131
Dhaka Leather Complex Ltd. Vs. Sikder Construction Ltd. and another, 2009, 38 CLC (AD)
....মে কোন আলামত পাওয়া যায়না”। Section 14(2) of the Arbitration Act provides that after an award is made any party to the arbitration agreement of any person claiming under such party may request the arbitrator or the Umpire to cause the award or a signed co...... The respondent as plaintiff filed Title Suit No.158 of 1999 in the Court of Sub-Ordinate Judge, 5th Court, Dhaka on 04-08-1999 under Section 14(2) and Section 17 of the Arbitration Act, 1940 praying for a direction upon the Umpire to file the award dated 15-10-1996 and make the said award Rule of t...... the instant case it appears that no noticed was served upon the plaintiff-appellant under section 14 (1) of the Arbitration Act for making and signing of the award. Admittedly the plaintiff demanded money on the basis of the award in June, 1996, so it can not be said that he has no knowledge of mak..Category: Alternative Dispute Resolution | Date: | Hits: 187
Abi Abdullah (Md.) and others Vs. Government of Bangladesh, 2005, 34 CLC (HCD)
....g the validity of the impugned order (Annexure-E) and obtained the present Rule. 7. The respondents contested the Rule but did not file any affidavit-in-opposition denying material allegations and claim of the petitioners. 8. The question before us is, whether the petitioners' right on his lan...... Madanpur and Madhupur under Police Station Daulatkhan, District Bhola and while they were in possession being owners of the said lands owing to serious erosion of river Meghna the whole area of the aforesaid Mauzas were washed away and diluviated in 1960-1962. 4. Ultimately, the lands of above M...... petitioners are concerned. In the result, the Rule is made absolute so far as it relates to the petitioners without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 250. ..Category: Property Law | Date: | Hits: 99
Alimuddin and others Vs. Abdul Kabir and others, 2003, 32 CLC (HCD)
....t for sale of the suit land upon payment of consideration directly to the defendant but after submission of the written statement by the defendant, the plaintiff wanted to change the character of his claim with an intended amendment to the effect that the plaintiff entered into a contract, for sale ......ge, 1st Court, Kishoreganj in Title Appeal No. 372 of 1993 should not be set aside and/or pass such other or further order or orders as to this Court deems fit and proper. 2. Short facts necessary for the purpose of the Rule is that the petitioners as plaintiffs instituted Partition Suit No. 195 ...... with the appeal in accordance of law. Send down a copy of this judgment to the learned Joint District Judge, Kishoreganj for compliance. Ed. This Case is also Reported in: 58 DLR (2006) 240...Category: Procedural Law | Date: | Hits: 93
Executive Engineer, Sylhet Public Works Department Vs. Md. Asob Ali, 2005, 34 CLC (HCD)
....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. ......……………………………………………….Opposite Party. Judgment August 17, 2005. Case Referred to- 2 MLR (AD) 109. Lawyers Involved: Md. Azizul Haque, with Md. Jafor Ali. Assistant Attorney-General and Md. Iqbal Hossain, Assistant Attorney-General—For the Peti...... and became the highest bidder among five bidders; for this he deposited 10% of his bid amount 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 hande..Category: Business or Commercial Law | Date: | Hits: 209
Tahera Begum and others Vs. Mizanur Rahman (Md.) and others, 2004, 33 CLC (HCD)
....ah, Chairman, No. 14 Faridganj Union Parishad at Chandpur, he submits that as said Jalal Patwari died on 29-7-01 after the preliminary decree was made final on 25-7-2001 the final decree could not be claimed to be a nullity. 10. Opposing the Rule, an affidavit in opposition was filed on behalf of......roceeding of Title Execution Case No. 1 of 2002. 2. It is stated that one Md. Mohsin Khan, predecessor-in-interest of the petitioners as plaintiff on 27-4-1994 instituted Title Suit No. 22 of 1994 for partition. On 9-5-1996, the suit was decreed on contest against defendant Nos. 143, 144 and 232 ...... 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)
....nesses including pre-emptor opposite party No. 1, while pre-emptee-petitioner examined only 1 (one) witness namely, Abdul Malek and both the parties exhibited documents in support of their respective claim. On going through the evidence of PW 1, PW 2 and OPW 1 and the concurrent findings of the Cour......osite party Nos. 1-6 filed Miscellaneous Case No. 12 of 1998 in the Court of the learned Senior Assistant Judge, Begumgonj, Noakhali under Section 96 of the State Acquisition and Tenancyt Act praying for pre-emption of the case land alleging, inter alia, that they are co-sharer tenants in the case j......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
Afil Jute Mills (Pvt) Ltd. and others Vs. Bangladesh, 2006, 35 CLC (HCD)
....9(1 )(i). In support of this proposition the case of State of MP Vs. GC, Mandawar reported in AIR 1954 SC 493 can be referred to. 12. In the present case, section 9(1) (i) of the Bankruptcy Act is claimed to be discriminatory in operation and the reason assigned by Mr. Razzaque is that it lacks p...... Taka 79,13,42,887.12 against the petitioners should not be declared to have been made and issued without any lawful authority and of no legal effect. 2. Subsequently, when the matter was taken up for hearing, an application for supplementary Rule was filed on behalf of the petitioners seeking to...... 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. ..Category: Civil Law | Date: | Hits: 125
Ali Akbar (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....g the members of the Union Parishad unlike the elected Chairman and, as such, he must have the support of the simple majority of the members of the Union Parishad and therefore, the petitioner cannot claim that he has any vested interest in that post. As such, the provision of section 12 of the Ordi......pplication under Article 102 of the Constitution, a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned memo (Annexure-B) dated 23-2-2003 issued by respondent No. 5 for holding election scheduled to be held on 28-2-2005 for the post of acting Chairman (Chairman-in-......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)
....quired to give his signature. In view of the above, he suspected something unusual in the conduct of the investigating officer of the case. In view of the above, he found substance of the informant's claim that the investigating officer was not impartial who on being influenced by Mofizur Rahman had......awyers Involved: Raquibul Haque Miah, Advocate—For the Petitioner. Md. Mujibur Rahman, Advocate—For Opposite Party No. 2. Criminal Revision No. 907 of 2003. Judgment SK Sinha J.- Informant Md. Ziaul Huq Chowdhury obtained this Rule against the order dated 7-6-03 of the Additional ......d to mention under which part of section 304 the accused persons are facing trial but he has not clarified that aspect. There is allegation against Mofizur Rahman and Touhidul Islam of snatching away money. There is no allegation against other accused persons in that regard but he has framed charge ..Category: Criminal Law | Date: | Hits: 49
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