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Nurul Islam Manzoor Vs. State, 2000, 29 CLC (HCD)
.... are returned to one of the learned Advocates of the petitioners. Communicate the order to the Metropolitan Session Judge, Dhaka. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 276. ......f the petitioners. Communicate the order to the Metropolitan Session Judge, Dhaka. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 276. ...... in this regard, the accused persons were highly prejudiced. He has also submitted that as those statements were not transmitted along with the record of the case, those statements can not be used in evidence by the prosecution. 4. Mr. M Faruque, the learned Deputy Attorney-General Mr. M Mostafa ..Category: Criminal Law | Date: | Hits: 45
Salim (Md.) Vs. State, 2001, 30 CLC (HCD)
....ne of Taka 5,000.00 in default, to suffer RI for a further period of 6 months is affirmed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 359.......or a further period of 6 months is affirmed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 359.......ing for the accused-appellant, submits that the learned Sessions Judge was manifestly wrong in convicting and sentencing the accused appellant without properly discussing and considering the material evidence on record and, as such, the impugned order of conviction and sentence is not sustainable in..Category: Criminal Law | Date: | Hits: 53
Dhaka Leather Company Ltd. Vs. Sikder Construction Ltd. and another, 2001, 30 CLC (HCD)
....result, the Rule is discharged. No costs. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 357.......nvolved: MA Samad, Advocate—For the Petitioner. Enayetur Rahim, Advocate—For Opposite Party No. 1. Civil Revision No. 3643 of 2000. Judgment Md. Abdur Rashid J. - This Rule was obtained by defendant No. 1 against an order dated 18-6-2000 of the Fifth Court of Subordinate Judge at ...... presence of said opposite party and rejected by the learned Subordinate Judge being of the view that the question of limitation was a question of both facts and law, and could not be decided without evidence. 5. Mr. MA Samad appearing for the petitioner submits that when admittedly the award was..Category: Procedural Law | Date: | Hits: 69
Amir Hossain Bhuiya (Md) Vs. Harisul Haq Bhuiya and others, 1999, 28 CLC (HCD)
....f receipt of the lower court records. Stay granted earlier by this Court is in vacated. Send down the lower Court records at once Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 267.......ds at once Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 267.......s in the written statement that the suit is not maintainable in its present form and that in any event it is liable to be dismissed. 4. The trial Court held trial of the suit upon recording of the evidence of witnesses. He decreed the suit of the plaintiff petitioner by this judgment and decree d..Category: Labour and Industrial Law | Date: | Hits: 99
....) Ltd. registered on 6-4-93 is null and void.
Let a copy of the judgment be sent t the Ministry of Law and Parliamentary Affairs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 263.
......copy of the judgment be sent t the Ministry of Law and Parliamentary Affairs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 263.
...... examined D.W. 2 Md. Akhtar Hossain who is one of its Directors.
8. Issues were framed by the order dated 20-1-97 in presence of the learned Advocate for the parties. However, after closing of the evidence we deem it necessary to amend as well as add issue for determining the matters in controver..
Category: Property Law | Date: | Hits: 72
Ganesh Chandra Das Vs. Arati Acharjya, 2001, 30 CLC (HCD)
....d down the original records at once with a copy of this judgment to the learned District Judge, Chittagong for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)348. ......6 BLD (AD) 61 = 48 DLR (AD) 110, Abdur Rahim vs. Arifur Rahman, 50 DLR 166. Lawyers Involved: Moqbal Ahmed, Advocate—For the Defendant Petitioner. Khurshid Alam Khan, Advocate—For the Plaintiff-Opposite Party. Civil Revision No. 1899 of 1995. Judgment Md. Abdus Salam J. - In th......or the wife and 3 children, should be set aside. 2. The Revisional application was flied mainly on the grounds that the judgments and decrees of both the Courts below are not on the basis of legal evidence on record and both Courts below committed error of law resulting an error in the decision o..Category: Family Law | Date: | Hits: 186
Mirza Abdul Bari Beg and Others Vs. Zahidannessa and others, 2001, 30 CLC (HCD)
....d. The executing Court is directed to proceed with the execution by issuing again the writ for delivery of possession to the decree-holders. Ed. This Case is also Reported in: 54 DLR (2002)344. ......……………Opposite Parties Judgment July 31, 2001. Cases Referred To- Md. Islam vs. Munshi Aabdur Rahman, 6 DLR 81, Md. Mokan Ali Lasker vs. Sekandarul Islam, 17 DLR 673; Ajiruddin vs. Rahman Fakir, 13 DLR (SC) 191; Safia Khatun vs. Mahbubur Rahman, 13 DLR 753; Shah Abdul Hamid......cree-holders and, as such, section 6 of the Ordinance had no manner of application. Needless, to say that a homestead and huts are not always the same. Moreover, the petitioners failed to produce any evidence to support their claim that there was any homestead on the land at the time the final decre..Category: Property Law | Date: | Hits: 29
State Vs. Rashid Ahmed & others, 2002, 31 CLC (HCD)
....hittagong and the Deputy Commissioner, Chittagong for their information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 333. ......ong for their information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 333. ...... Assistant Attorney-General appearing for the State appellant, submits that although the prosecution proved its case against the accused-respondents by most consistent, corroborative and overwhelming evidence of competent witnesses, the learned Additional Sessions Judge on mis-reading and non-readin..Category: Criminal Law | Date: | Hits: 76
Shamsul Haque (Md) Vs. State, 1999, 28 CLC (HCD)
....is acquitted of the charge brought against him and he be discharged from him bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 255. ......and he be discharged from him bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 255. ......fe of the informant and due to protest of the appellant against unsocial activities of the family of the informant. 5. The prosecution examined 10 (ten) witnesses in the case and on closing of the evidence the appellant and his wife were examined under section 342 of the Code of Criminal Procedur..Category: Criminal Law | Date: | Hits: 32
Delwar Hossain Khan Vs. Alhaj Rustum Ali & others, 2001, 30 CLC (HCD)
....lled and vacated. The executing Court is directed to take steps for expeditious restoration of possession to the claimants. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 328. ...... This Case is also Reported in: 54 DLR (2002) 328. ......n any of the cases. An Advocate Commissioner was appointed for ascertainment of the dispossessed land. 11. Learned Subordinate Judge disposed of the cases by one judgment. On consideration of the evidence on record, learned Subordinate Judge held that opposite parties were in possession of the l..Category: Property Law | Date: | Hits: 26
Mohammad Ali Vs. State, 2000, 29 CLC (HCD)
.... down the LC record along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 245. ......udgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 245. ......hey were neither implicated with the offence nor ever took past thereto but have been implicated in the case out of enmity and grudge. 7. The learned trial Court thereafter in consideration of the evidence on record as well as facts and circumstances of the case, however, found accused-appellant ..Category: Criminal Law | Date: | Hits: 89
.... Trade Marks in favour of the opposite party No. 1 is expunged from the register of Trade Marks. Let the register be rectified accordingly.
Ed.
This Case is also Reported in: 54 DLR (2002) 294.
...... from the register of Trade Marks. Let the register be rectified accordingly.
Ed.
This Case is also Reported in: 54 DLR (2002) 294.
......h it is registered in other’s name. But in this case the petitioner not claim to be the true owner of the Trade Mark, he only claims that he is the first user of the Trade Mark in Bangladesh but no evidence has been adduced in support of such claim. As the petitioner has failed to make out a case ..
Category: Intellectual Property Law | Date: | Hits: 167
....he certificate asked for, which is hereby issued.
There is however, no Order as to cost.
Sheikh Md. Zakir Hossain J.- I agree.
Ed.
This Case is also Reported in: 63 DLR (2011) 565.
......There is however, no Order as to cost.
Sheikh Md. Zakir Hossain J.- I agree.
Ed.
This Case is also Reported in: 63 DLR (2011) 565.
......torical light. This event testifies the denigrating deceit that he wrought upon the nation. At the other end, the same event proved that he had joined the liberation war under duress. Despite so many evidence to prove his unwilling participation, for the sake of honour and prestige of the war of lib..
Category: Constitutional Law | Date: | Hits: 482
Shan Hosiery Vs. Bangladesh Jatiya Shamabaya Shilpa Samity Ltd and others, 2002, 31 CLC (HCD)
....th the suit in accordance with law. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 291.......Mohammad, Advocates—For the Petitioner. Probir Halder, Advocate—For Opposite Party Nos.1, 2 & 5. Civil Revision No. 3748 of 2000. Judgment Md. Abdur Rashid J. - This Rule was obtained by the plaintiff against the order of Subordinate Judge, Second Court at Dhaka dated 13-8-2000 ......nised all of them. We find that in the plaint it is clearly averred that the suit premises belongs to the Samity, defendant No. 1, which let it out to the plaintiff. The contract dated 25-3-1992 also evidences so wherein the chairman of the Samity clearly stated that the suit premises is a unit of t..Category: Property Law | Date: | Hits: 31
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
.... this Rule is discharged. No order as to costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 285.......d others………………………….Opposite Parities Judgment July 2, 2001. Case Referred To- Md. Azizul Bari vs. Ismail and others, 19 DLR 184. Lawyers Involved: Md Nurul Amin with Hamida Chowdhury, Advocates — For the Petitioner. Surajit Bhattacharya, Advocate—For ...... of the Act is essentially summary in nature. Deciding the application for preemption, the Court cannot go behind the intentions of the parties in executing the deed of the transfer. Furthermore, any evidence to vary the terms of such deed is also barred under the provisions of section 91 of the Evi..Category: Property Law | Date: | Hits: 28
Ramesh Chandra Chowdhury @ Das Vs. Naresh Chandra Das @ Chowdhury, 1999, 28 CLC (HCD)
....te of receipt of this order. Let a copy of this order be forwarded to the Court of the learned Subordinate Judge Narshingdi at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 227.......aul, Advocate—For the Petitioner. Md. Mansurul Haque Chowdhury, Advocate—For the Opposite Party. Civil Revision No. 636 of 1996. Judgment Bijan Kumar Das J.- This Rule was issued calling upon the opposite party to show cause as to why the impugned order dated 16-9-95 passed by the l...... Subordinate Judge for disposal. During appellate stage the appellant filed an application under Order 41 rule 27 read with section 151 of the Code of Civil Procedure on 25-5-94 to produce additional evidence before the appellate Court and filed another application under Order 3 rule 2(a) read with ..Category: Property Law | Date: | Hits: 39
Tofazzal Hossain (Md) and others Vs. Momtaz Begum & others, 1999, 28 CLC (HCD)
....turia in Miscellaneous (Pre-emption). No.5 of 1995 allowing pre-emption are affirmed. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 223.......ediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 223.......egally separated and the same has occasioned failure of justice. The learned Counsel further submits that the learned Courts below erred in law in not properly discussing and considering the material evidence on record and the same has also occasioned failure of justice. 8. Mr. Shawkat Ali Khan, ..Category: Property Law | Date: | Hits: 31
Shah Alam (Md.) Vs. Abul Kalam and others, 2001, 30 CLC (HCD)
....d 28-11-99 are hereby set aside. Order of stay as granted at the time of the Rule is recalled and vacated. Let the records be sent down. Ed. This Case is also Reported in: 54 DLR (2002) 277. ...... SK Afzalur Rahman, Advocate—For the Petitioner. Shamim Khaled Ahmed —For the Opposite Parties. Civil Revision No. 621 of 2000. Judgment Md. Abdur Rashid J.- The above Rule was obtained by the preemptors upon making a revision application under section 115 of the Code of Civil Pro...... of the parties is whether the purchaser is entitled to any relief in accordance with law. 3 witnesses were examined on behalf of the purchaser while the preemptors examined 5 witnesses. 6. On the evidence on record, the trial Court has found that the purchaser lives in Abu Dhabi; that service up..Category: Limitation Law | Date: | Hits: 175
Protima Sen and others Vs. Chitra Rani Dey and another, 1999, 28 CLC (HCD)
....of the order of the Court. Communicate the order to the learned Court below immediately for his information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 218. ....... Result: The Rule is made absolute without any order as to cost. Section 4 of the Partition Act was enacted to afford a special opportunity to a co-sharer of an undivided homestead or dwelling house against a stranger purchaser for buying up his share through the Court. The object of this......sequently the suit is liable to be dismissed. 4. On the above-noted pleadings of the parties the suit proceeded and ultimately reached the stage of peremptory hearing when both the parties adduced evidence in support of their respective cases. 5. The learned Subordinate Judge by his judgment d..Category: Property Law | Date: | Hits: 42
Kalandiar Kabir Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....ntral Jail, Dhaka is being held in custody without any lawful authority and he be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (2002) 258. ...... lawful authority and he be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (2002) 258. ......…………………a preventive detention is to prevent a person on a mere suspicion that some crime had been done and the same would be repeated and is not a question of proving an allegation by evidence which must be done when a proceeding is drawn under the Penal Code.” 7. Mr. Islam has ..Category: Constitutional Law | Date: | Hits: 195
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