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Kazi Moniruzzaman and others Vs. Kazi Nuruzzaman and others, 2006, 35 CLC (HCD)
....shall dispose of the case expeditiously preferably within 6(six) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 306.......the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 306.......es of those papers were given to the learned Advocate for the petitioners who received the same with objection. The petitioners filed an application on 28-11-2002 praying for not taking the same into evidence i.e. the item No. 26 money receipt, item No. 27 acknowledgement receipt of the original doc..Category: Property Law | Date: | Hits: 131
Abdur Rashid Salam Vs. Md. Moniruzzaman, 2005, 34 CLC (HCD)
....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. ...... Md. Ramzan Khan, Advocate—For the Petitioner. Sk Md. Morshed, Advocate—For the Opposite Party. Civil Revision No. 1780 of 2004. Judgment Md. Abdul Aziz J. - This Rule has been posted in the list for hearing on the prayer of both the sides on maintainability of the same on the applic......tiff has no legal right, locus standi, cause of action, etc. and the trial Court upon hearing the parties rejected the plaint by the impugned judgment and decree without framing any issue, taking any evidence and conclusively determining the rights of the plaintiff to sue. He concludes contending th..Category: Procedural Law | Date: | Hits: 90
Nabisco Biscuit and Bread Factory Ltd. Vs. Baby Food Products Ltd. and another, 2005, 34 CLC (HCD)
....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. ......se is also Reported in: 58 DLR (2006) 287. ......learned Advocate, Mr. Hashmat Ullah Sheikh submitted that the opposition case was duly filed but unbeknown to the petitioner the learned Advocate engaged by it did not take further steps in producing evidence in support of the opposition and that fact did not come to the knowledge of the petitioner ..Category: Intellectual Property Law | Date: | Hits: 386
Motleb Mondal Vs. State & others, 2005, 34 CLC (HCD)
....57/2000 in accordance with law and in the manner as directed in the cited decision as reported in 18 DLR SC 474. Copy is sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 282. ......er as directed in the cited decision as reported in 18 DLR SC 474. Copy is sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 282. ......aul to the Cognizance Court Jenaidah; upon receipt of the petition of complaint by Cognizance Court Jenaidah, the matter was referred for judicial enquiry by one Magistrate who held enquiry on taking evidence from the complainant and his other witnesses. After conclusion of Judicial Enquiry report w..Category: Criminal Law | Date: | Hits: 41
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. ......ctions this petition is disposed of. This Order is also Reported in: 19 BLT (AD) (2011) 52. ...... Court to issue a commission to examine a witness, is an exceptional one and should be used carefully and only after being fully satisfied that there is no other way to examine the said witness whose evidence is necessary for proper disposal of the suit. An occasional illness or temporary infirmity ..Category: Civil Law | Date: | Hits: 82
Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed and others, 2006, 35 CLC (HCD)
....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. ......his Case is also Reported in: 58 DLR (2006) 277, 26 BLD (HCD) (2006) 388. ......W 1 Syed Saifuddin Zahed has been recorded and next date, was fixed on 22-11-1993 for further hearing of the suit. 2(two) subsequent dates, i.e. 22-11-1993 and 17-1-1994 were fixed for taking further evidence. The defendant No, 1 was present in Court on those dates but the learned trial Court was un..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. ......his Case is also Reported in: 58 DLR (2006) 271, 26 BLD (HCD) (2006) 613. ...... talaq nama which have been marked Exhibit 1 and 1 (ka) respectively. 8. The learned Assistant Judge and Family Judge, Sadar Tangail on consideration of the facts and circumstances of the case and evidence on record decreed the suit ex parte on 17-10-2002 allowing the prayer for restoration of co..Category: Family Law | Date: | Hits: 184
State Vs. Harun Chowdhury, District Magistrate and Mostafa Kamal, SP Sylhet, 2005, 34 CLC (HCD)
....tafa Kamal, Superintendent of Police, Sylhet are exonerated from the charge of contempt of Court and they are warned to be careful in future. Ed. This Case is also Reported in: 58 DLR (2006) 267....... are warned to be careful in future. Ed. This Case is also Reported in: 58 DLR (2006) 267.......y of a District and the other person being head of the Police Force in a District and it is not expected that they should violate or disobey the orders passed by this Hon'ble Court. From the material evidence on record and from Affidavits submitted by the contemners, we find that they have committed..Category: Civil Law | Date: | Hits: 1272
MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)
....nal District Judge and Bankruptcy Court, Chittagong in Bankruptcy Case No. 6 of 2000 is declared to have been passed with lawful authority. Ed. This Case is also Reported in: 58 DLR (2006) 258. ...... Bankruptcy Case No. 6 of 2000 is declared to have been passed with lawful authority. Ed. This Case is also Reported in: 58 DLR (2006) 258. ......here is no merit in the Rule and the same should be discharged. 11. We have perused the writ petition, Supplementary-Affidavit, Affidavit-in-Opposition filed by the respondents and other materials evidence on record. 12. On perusal of the plaint of Bankruptcy Case No. 6 of 2000, it appears tha..Category: Civil Law | Date: | Hits: 131
Abdur Razzaque Zoarder and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....n light of the above, this Court finds substance in this Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 245. ......is Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 245. ......in further explaining the legal and administrative sanction operating over and beyond the above referred provisions of the Rules, draw this Court's attention to various office orders in particular as evidence of entitlement having legally accrued to respondent Nos. 6 to 13 in the facts and circumsta..Category: Employment/Service Law | Date: | Hits: 79
Abdul Mannaf (Md.) Vs. Md. Sohrab Ali Akand & others, 2005, 34 CLC (HCD)
....th the impugned judgment and order. Accordingly, the Rule is discharged without any order as to costs. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 242. ......costs. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 242. ......ction, contended that the disputed land is a "Chandina" land situated within Ghorail Bazar and, as such, it is not pre-emptable. 4. The trial Court on consideration of the facts, circumstances and evidence adduced by the parties disallowed the pre-emption holding that the disputed land is a "Chan..Category: Property Law | Date: | Hits: 91
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. ......low at once. Ed. This Case is also Reported in: 58 DLR (2006) 236. ......for each of the bidders and that being so the plaintiff did not acquire any right upon the actionable goods either as a purchaser or as a successful bidder and that the plaintiff could not adduce any evidence otherwise to controvert this fact. Mr. Haque, then submits that the tenns of the notice for..Category: Business or Commercial Law | Date: | Hits: 209
Rafique Ullah (Md) Vs. Badsha Alam and others, 2005, 34 CLC (HCD)
....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. ......eferred to- Abdul Wahab Vs. Samad Ali, 33 DLR (AD) 113. Lawyers Involved: Md. Abul Kalam Chowdhury, Advocate—For the Petitioner. Md. Khalilur Rahman Bhuiyan with Mohammad Mofazzal Hossain, Advocates—For the Opposite Parties. Civil Revision No. 5491 of 2002. Judgment Sheikh ......re-emptor examined 2 (two) witnesses while contesting pre-emptor No. 3 examined 1 (one) witness in support of their respective cases. The learned Senior Assistant Judge after due consideration of the evidence on record was pleased to allow the pre-emption miscellaneous case No. 12 of 1998 and grante..Category: Property Law | Date: | Hits: 67
Badel Alam Howlader Vs. Falu Dewan and others, 2004, 33 CLC (HCD)
....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. ...... (Civil Revisional Jurisdiction) Present: Zubayer Rahman Chowdhury J Badel Alam Howlader…………..…. Defendant-Respondent-Petitioner Vs. Falu Dewan and others…...............Plaintiff-Appellant-Opposite-Parties. Judgment February 11, 2004. Cases Referred to- 1 MLR...... formed part of the graveyard. It was also stated in the report of the Advocate Commissioner that out of 40 decimals of land allotted to the plaintiff, 28 decimal comprised of a pond and there was no evidence of cultivation of Boro/Aman paddy in the suit land, as claimed by the plaintiff. The trial ..Category: Property Law | Date: | Hits: 66
State Vs. Md. Shahjahan, 2004, 33 CLC (HCD)
.... 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. ......t 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. ......secution has examined as many as 19 witnesses in support of the prosecution case and they were also cross-examined by the learned Advocate defending the accused. The trial Court after considering the evidence and materials on record found the accused guilty of the charge leveled against him and conv..Category: Criminal Law | Date: | Hits: 96
Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)
....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. ......sions 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. ......e Additional Sessions Judge, 3rd Court, Chittagong in Sessions Trial Case No. 1 of 2001 discharging the opposite party No.2 Mofizur Rahman alias Mofizul Azam on the ground that there is no sufficient evidence to proceed against him. Since the petitioner has annexed the statements of all the witnesse..Category: Criminal Law | Date: | Hits: 49
Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)
....Industries is now obliged to return the money received in respect of schedule-1 (kha) property to the plaintiff. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 176. ......mmad Ali, Additional Attorney-General with Md. Ferozur Rahman Assistant Attorney-General—For the Appellant (In First Appeal No. 293 of 1999). Naima Haider. Assistant Attorney-General—For the Ministry of Industries. Mahmudul Islam with AQM Shafiullah, Mohammed Ali Jinnah, Advocates—For R......anting a decree for specific performance of the contract. 18. Whether or not the learned Subordinate Judge was justified in decreeing the suit in the facts and circumstances of the case and on the evidence on record is the main issue before us. 19. The plaintiff instituted the suit for specifi..Category: Property Law | Date: | Hits: 159
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....ppeal from the judgment and order passed by me and, in the meantime, the parties are directed to maintain status quo in all respects. Ed. This Case is also Reported in: 58 DLR (2006) 117. ......eantime, the parties are directed to maintain status quo in all respects. Ed. This Case is also Reported in: 58 DLR (2006) 117. ......etitions and the pending civil suits interpretation of Article 147(3) is involved. It therefore, appears that the point involved does not require determination of disputed questions of fact by taking evidence. The present writ petitions are therefore, more effective to resolve the point. The writ ju..Category: Information Technology Law | Date: | Hits: 324
Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)
....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. ...... 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. ...... the Code except under an order of a Magistrate within the purview of section 155(2) of the Code. 3. Where the uncontroversial allegations made in the first information report or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out..Category: Criminal Law | Date: | Hits: 158
Sushovan Guha and others Vs. Mahbubul Mannan Chowdhury and others, 2005, 34 CLC (HCD)
....s directed to dispose of the revisional application within 2(two) months from the date of the receipt of this order. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 100.......unicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 100.......s directed to dispose of the revisional application within 2(two) months from the date of the receipt of this order. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 100...Category: Procedural Law | Date: | Hits: 77
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