Search Options
Judgment Advanced Search
Displaying 2521-2540 of 3784 results.
Ratan Sarder and others Vs. Bishai Bepari and others, 2009, 38 CLC (AD)
....ial evidence on record, found that Nazimuddin Sarder was not insane but the High Court Division without reversing this finding, made the Rule absolute and further the High Court Division did not give any opportunity to the defendant-petitioner to file additional written statement even after followin......executed and accordingly the same was declared as a forged one. The amendment was allowed without any objection. Therefore, it is not necessary to send it on remand as amendment can be allowed at any stage. Moreso, when the amendment was the subject matter of admitted fact and no objection was raise......vocate for the appellants and as such, find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 788. ..Category: Property Law | Date: | Hits: 28
Khorshed Alam Khan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....kshmipur and although the Additional Deputy Commissioner (Revenue), Lakshmipur made his award of compensation on 18-71994 as per section 7(3) of the Ordinance, the petitioners have not received any compensation. On 1010-1995, the petitioner No. 1 filed an application with the Office of the D......Lakshmipur by declaring in the official Gazette that LA Case No. 34 of 1993-1994, so far as it relates to the petitioner's land, is abated. Ed. This Case is also Reported in: 59 DLR (2007) 383. ......ssioner, Lakshmipur which was numbered as Petition No. 737 of 1995 giving rise to Miscellaneous Case No. 4 of 1995-1996 praying for publishing a Gazette notification declaring abatement of the LA proceedings pursuant to section 12 of the Ordinance, for noncompliance of the provision of section..Category: Property Law | Date: | Hits: 57
State Vs. Kajal Ahmed Jalali, 2007, 36 CLC (HCD)
....when she signed on the Ejahar. She also heard from Deen Mohammad that the dead body of Shujan was kept in the Dhaka Medical College Hospital. She admitted that she received money of the Insurance Company after the death of Shujan. It is also available from her testimony that Shujan was a close frien...... the State to defend absconding condemned Kajal Ahmed Jalali, submits that the sole eye-witness Shyam Mia is a tutored one and he was introduced by the CID. Investigating Officer PW 65 at a very late stage of investigation to implicate the accused persons. His evidence, if critically examined, wou......nd indoor meeting started with 200/250 people. At that time, they got information that the accused Kajal Ahmed Jalali, Giasuddin Jalali, Phool Mia, Forkan, Faruque, Apu, Bayes, Mannan and Akhter were proceeding towards their meeting with ulterior motive and, as such, they went outside and saw their ..Category: Criminal Law | Date: | Hits: 109
Bonlac Foods Ltd. Vs. Unilac Sanowara (BD) Ltd. & another, 2005, 34 CLC (HCD)
....manufactured by the petitioner were marketed under the trademark consisting of the word "Diploma". Unilac Australia Pty Ltd ("Unilac"), which is a sister concern of Bonlac, formed a Joint Venture Company with Sanowara Corporation on 21st June, 1990 under the name and style "Unilac Sanowara (Banglade......the trademark application filed by Sanowara, the learned Advocate submitted that abandonment was not an issue pleaded by the petitioner in his petition and, as such, it cannot be considered at this stage nor can the opposite party No. 1 be required to answer to this. Similarly, he submitted that t......notice, the Registrar should have considered Sanowara's application in the light of the application of Bonlac Foods Limited, Australia, the application of trademark No. 33342 dated 25-81991, before proceeding further with the restoration and publication of the application filed by Sanowara. In the..Category: Intellectual Property Law | Date: | Hits: 199
Farida Begum and others Vs. Kapil Krishna Goldar & another, 2006, 35 CLC (HCD)
....aripur and also considered the argument advanced by the learned Assistant Attorney-General. 9. The moot question to be decided whether the statement made in the petition of complaint has disclosed any element of offence punishable under sections 467/468/471 of the Penal Code committed by the accu......nexed those documents in this revisional application. But since these documents and the story alleged, has not yet been made part of the prosecution materials, the same cannot be considered at this stage for quashing the proceeding in CR case No. 509 of 2000. The learned Assistant Attorney-General......1A of the Code of Criminal Procedure, calling upon the complainant opposite party No. 1, Mr. Kapil Krishna Goldar, Tashildar, Vested Property Cell, Madaripur and the State to show cause as to why the proceedings in CR case No. 509 of 2000, now pending in the Court of Magistrate, 1st Class, Madaripur..Category: Criminal Law | Date: | Hits: 28
Mobarak Hossain alias Jewel Vs. State, 2000, 29 CLC (HCD)
....e, these reports cannot be made public and, as such, section 76 of the Evidence Act cannot be resorted to demanding certified copies of such statement. He further submits that scope of such right, if any, of the accused to get the copies, is a question to be dealt with, not under the provision of th......accused recorded under section 164 of the Code of Criminal Procedure. If the answer is no, he has no right to have the copy asked for, reason being that the instant case is still at the investigation stage and the police report under section 173 CrPC is yet to be submitted and till that stage is rea......e. We therefore find that the Rule merits no consideration and, as such, it should be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 135. ..Category: Criminal Law | Date: | Hits: 25
Bhaskar Chakraborty Vs. State, 2006, 35 CLC (HCD)
....titioner, Bhaskar Chakraborty, being the owner of a business concern named Alternative Market Research Group has been appointed for inventing Alternative Market for the product of the informant's company and to make the product available door to door of the consumers and, as such, the accused petiti...... accused petitioner is directed to appear before the trial Court to face trial. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 325. ......0, pending before the Chief Metropolitan Magistrate, Dhaka, obtained this Rule under section 561A of the Code of Criminal Procedure, on 18-2-2001, challenging the legality and propriety of the entire proceeding, as aforesaid, and the Deputy Commissioner, Dhaka, has been called upon to show cause as ..Category: Criminal Law | Date: | Hits: 81
Noor Alam Hossain Vs. State and others, 2006, 35 CLC (HCD)
....ant Judge, Natore, Sadar, rather the available documents in the record show that the said Title Suit No. 285 of 1983 had no existence on 19-8-1990 so as to debar the Assistant Judge, Sadar in lodging any compliant before the Magistrate against a forged document which has been submitted in a civil pr......e to whom the case may have been transferred, that an appeal is pending against the decision arrived at in the judicial proceeding out of which the matter has arisen, he may, if he thinks fit, at any stage adjourn the hearing of the case until such appeal is decided." 8. It appears that under...... AFM Abdur Rahman J.- The accused petitioner Md. Noor Alam Hossain obtained this Rule calling upon the Deputy Commissioner, Natore as well as the opposite party Nos. 2-4 to show cause as to why the proceeding in Complaint Case No. 379 of 1990 pending in the Court of Magistrate, First Class, Natore..Category: Criminal Law | Date: | Hits: 40
Aminul Haque Shamim (Md) Vs. Government of the People's Republic of Bangladesh, 2003, 32 CLC (HCD)
.... Rule upon the respondents to show cause as to why publication of the Daily Inqilab dated 14‑12‑2002 and 16‑12-2002 so far as it relates to the petitioner should not be declared to be without any basis and also as to why respondent Nos. 4 and 5 (Editor and Publisher respectively of the Daily......airs of the Republic. In view of the discussion made above the application appears to have no substance and hence is rejected summarily. Ed. This Case is also Reported in: 55 DLR (2003) 90. ......ng the name of such newspaper, news agency, editor or journalist. (3) Nothing in sub‑section (1) shall be deemed to empower the Council to hold an inquiry into any matter in respect of which any proceeding is pending in a court of law. (4) The decision of the Council under sub‑section (1) ..Category: Constitutional Law | Date: | Hits: 213
Md. Jamal Uddin Vs. Dr. ABM Morshed Alam, 2010, 39 CLC (AD)
....r books is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 1016. ...... the complainant, Dr. A.B.M. Morshed Alam Chowdhury as loan at his house but the accused did not re-pay the said money to him in time; as a result, he requested the accused to pay the same and at one stage of request the accused gave a current cheque amount of TK. 5,00,000.00(five lacs) and after re......action of the aforesaid case was arisen under Section 138 of the Negotiable Instrument Act, 1881. 3. A. Y. Moshiuzzaman, learned Advocate, appearing for the petitioner submitted that the impugned proceedings against the accused petitioner is barred by limitation, inasmuch as, the first legal not..Category: Criminal Law | Date: | Hits: 39
Abu Taher and others Vs. State, 2009, 38 CLC (AD)
....o the instant case. 3. The police took up the investigation and submitted charge sheet on 12.05.1996 against the accused under Section 302/34 of the Penal Code. 4. The prosecution adduced as many as 17 witnesses in support of its case and defence examined none. After closing of the evidence ......used Alamgir and Aminul threatened him with dire consequence and he came to know that on that particular day his daughter had a dispute and altercation with them in connection with a plate and at one stage his daughter Rubi inflicted a lathi blow on his brother’s wife. A long standing dispute amon......ned Counsel for the petitioners deserve consideration. Accordingly, leave is granted. The preparation of paper books is dispensed with as prayed for. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 31
Mrs. Rokeya Begum Vs. Chartered Credit and Co-operative Limited, 2010, 39 CLC (AD)
....ilab’. The notice was issued through registered post with AD and the complainant received notice which was acknowledged on 23.03.2006. In spite of getting notice the accused petitioner did not make any response which gave the impression that the accused will not pay the amount and as such, the cas......dated 02.06.2009 passed by the High Court Division in Criminal Miscellaneous Case No.1709 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 1011. ......hat no Court shall take cognizance of the offence under Section 138 of the Negotiable Instruments Act if the complainant is not filed within a 30 days from the cause of action the continuation of the proceeding regarding that section is an abuse of the process of the Court. The learned Counsel furth..Category: Criminal Law | Date: | Hits: 45
Khan and Company Ltd. Vs. Presiding Judge of the District Court and others, 2000, 29 CLC (HCD)
.... This Case is also Reported in: 54 DLR (2002) 121. ...... District Court of Dhaka are hereby declared to have been passed without any lawful authority and are of no legal effect. The District Court is directed to dispose of all the aforesaid suits from the stage as were on 1-11-98 strictly in accordance with the provision of Order XXXVII CPC as quickly as...... were on 1-11-98 strictly in accordance with the provision of Order XXXVII CPC as quickly as possible. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 121. ..Category: Civil Law | Date: | Hits: 64
Mokim alias Md. Mokim Vs. State, 2002, 31 CLC (HCD)
.... of Taka 20,000 as subscription and also asked them that they would make communication through letter subsequently and threatened them of dire consequences and ordered not to disclose the incident to anybody. On getting this news Shafiuddin, the brother-in-law of victim Md Atiar Rahman, being inform....... Let the appellant be set at liberty forthwith if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ......) এর অধীন বিচারাধীন মামলা বলিয়া গন্য হইবে। He submits that by the aforesaid saving clause the law makers intended to save the proceedings of the pending cases under Cruelty to Women (Deterrent Punishment) Ordinance," 1983, but..Category: Criminal Law | Date: | Hits: 38
Ambia Khatun Vs. Bangladesh and others, 2009, 38 CLC (AD)
....nt over the matter but this question was not considered at all, and without resolving this issue the Court assumed jurisdiction over the matter inasmuch as the respondent Government failed to place any notice even before the High Court Division to justify the jurisdiction of the Court of Settlemen......ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 200. ...... which arose to consider the effect of Sections 9(3), 14(4), 85 and 87 of the Patents Act, 1949, that no appeal lay to the Court of Appeal from the decision of the Parents Appeal Tribunal in the said proceedings, that it was an inferior tribunal and that the only remedy of persons aggrieved by its d..Category: Property Law | Date: | Hits: 30
Delower Hossain @ Ali Hossain Bhuiyan Vs. State, 2001, 30 CLC (HCD)
....ring for the State, who explained the legal position of sub-section (6) of section 27 of the Special Powers Act of 1974, that without compliance of mandatory provision of section 27(6) of the Act, if any order of conviction and sentence is passed thereunder that cannot be sustained in law. The learn......ing paragraphs are for the purpose of disposal of the Rule only. In the result the rule is discharged. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 114. ......wer nor revisional power nor power of review and it is to be invoked for the limited purpose such as to give effect to any order under the Code, prevent abuse of the power may be exercised to quash a proceeding or even a conviction on consideration of a trial, if the court concerned got no jurisdict..Category: Criminal Law | Date: | Hits: 37
Matasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (HCD)
....int, And (ii) whether the decision under challenge in Revision and discretion exercised by Senior Assistant Judge in rejecting plaintiff-petitioner’s application for local Investigation warrants any interference in the exercise of this Court’s discretionary Civil Revisional Jurisdiction under......ule stands discharged. Order of stay recorded by this Court at the time of issuance of Rule dated 5-11-2000 stands vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 104. ......as not at all justified in allowing the prayer of Local Investigation dated 14-3-1999. This Court noticed that suit is of the year 1982 and long 18 years had already elapsed since commencement of the proceeding and justice demanded an expeditious disposal of the suit. This Court also took into accou..Category: Administrative Law | Date: | Hits: 236
Ratan Chandra Karmaker. Vs. Afsar Ali, 1987, 16 CLC (HCD)
....an affidavit as to the correctness of the fact stated in the return and in case the return under rule 17 of Order 5 of the Code made by the process server is merely in the form of a statement without any affidavit in the form of a solemn declaration, the court would be under a legal duty to examin......end down the records to the court of Munsif at an early date. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 147.......fied by the affidavit of the serving officer and the court may in case the return under rule 17 is so verified by the affidavit of the process server, examine the serving officer on oath touching his proceeding as to service and make further enquiry in the matter as it thinks fit and proper and th..Category: Procedural Law | Date: | Hits: 66
Aminul Huq & others Vs. State and another, 1987, 16 CLC (HCD)
....nd the continuance of the proceeding beyond this period is an abuse of the process of law. 4. As against this the learned Deputy Attorney General argued that the learned A.D.M. has not committed any illegality in proceeding with the case as the same was within time. He further argued that if ca......hing to interfere with the impugned order. The Rule is, therefore, discharged. The stay order issued earlier on 28.11.85 is hereby vacated. Ed. This Case is also Reported in: 40 DLR (1988) 144. ......f Feni and opposite part No.2 to show cause as to why the order dated 23.11.85 passed by Mr.Fazlul Huq, Additional District Magistrate, Feni in G.R.Case No. 184 of 1984 shall not be set aside and the proceeding of the said G.R.Case shall not be stopped. 2. The facts leading to this Rule is that t..Category: Criminal Law | Date: | Hits: 26
Ekramaul Hoq, alias Tuku and Ors. Vs. State, 1987, 16 CLC (HCD)
....ant case it appears that the whole matter depends upon the calculation of the working days. 11. What is meant by the expression "working days". The said expression, however, had not been defined anywhere in the code. This matter is not above controversy as it appears that different views had be......n verbal information from lawyers. Send a copy of the judgment to the court below at an early date. D.M. Ansaruddin Ahmed J. - I agree. Ed This Case is also Reported in: 40 DLR (1988) 139.......ate on which the case is received by him for trial. Sub-Section (4) says if a trial cannot be concluded within the specified lime or the extended time as mentioned in sub-section (3) further proceedings in respect of the trial shall stand stopped and accused person released. Sub-Section ..Category: Criminal Law | Date: | Hits: 30
40344030402840264025402440224021401540114010400940024000399939973995399239913990