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Mofidul Haque (Md) Vs. Bangladesh, 2006, 35 CLC (HCD)
...., there is no merit in this appeal. The appeal must fail. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ......d Company Ltd. Vs. Messrs Western Soap Factory and others,43 DLR 304; Sunil, Kumar Das vs. Canon Kabushiki Kaisa,57 DLR 93, 10 BLC (AD) 92; Super Max International Private Ltd. Vs. Samah Razor Blades industries Ltd. and another, 4 BLC (AD) 22; Sunil Kumar Das vs. Canon Kabushiki Kaisha and another,5......e Mark Liberty in Bangladesh nor user of the Mark in Bangladesh and, as such, the applicant is not an aggrieved person and the application is liable to be rejected. 4. Both the parties adduced evidence under affidavit in support of their respective case. The Tribunal, Deputy Registrar of Trad..Category: Intellectual Property Law | Date: | Hits: 198
A Wadud Member and another Vs. State, 2006, 35 CLC (HCD)
....We find no substance in the Rule, In the result, the Rule is discharged. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 59 DLR (2007) 586. ......le is discharged. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 59 DLR (2007) 586. ......e of the view that the allegations made in the first information report, found prima facie true on investigation by police and the learned Magistrate being satisfied, framed charge, in such situation evidence is required to settle whether the accused petitioners are guilty of the allegations or not...Category: Criminal Law | Date: | Hits: 29
Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)
....arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ......wn the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ...... revocation of the grant. 4. The respondent No. 1 examined 4 witnesses in support of his claim and the appellants examined two witnesses. The learned District Judge on consideration of the evidence on record by the impugned judgment allowed the Miscellaneous Case and revoked the Letter ..Category: Property Law | Date: | Hits: 68
Oriental Bank Ltd. Vs. Sitara Siddiq, 2007, 36 CLC (HCD)
....been examined as PW 1 in part, the trial Court is directed to dispose of the suit within three months from date of receipt of the Judgment. Ed. This Case is also Reported in: 59 DLR (2007) 573. ......from date of receipt of the Judgment. Ed. This Case is also Reported in: 59 DLR (2007) 573. ......in section 18 of the Artha Rin Adalat Ain, he submitted that there is no bar to proceed both the suits. To this effect, he submitted that Title suit No. 209 of 2002 is at the peremptory stage and the evidence of opposite party No. 1 has been recorded in part. At this stage, by obtaining the Rule, th..Category: Civil Law | Date: | Hits: 82
Enamul Haq (Md) Vs. Jatiyo Bishwabiddalay and others, 2007, 36 CLC (HCD)
....thority having no legal effect. The petitioner be allowed to join in a permanent post of Lecturer in Arabic. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 556. ......ed to join in a permanent post of Lecturer in Arabic. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 556. ...... not entitled to be appointed as a lecturer in Arabic. He further submits that the disputed questions of facts are involved in this writ petition and that resolution of those facts requires taking of evidence and therefore, the instant writ petition is not maintainable. He then submits that the peti..Category: Employment/Service Law | Date: | Hits: 65
Muhaiminul Hasan Khan Vs. Md. Nurul Islam Khan and others, 2001, 30 CLC (HCD)
....fresh and dispose of the original application for succession certificate in the light of above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156....... Ed. This Case is also Reported in: 54 DLR (2002)156.......n examined herself only as a witness and similarly, opposite party No. 1 examined himself Number of documents were adduced by the parties, which were marked as exhibits. 5. On consideration of the evidence oral and documentary on record, the learned Subordinate Judge held that- a. opposite par..Category: Property Law | Date: | Hits: 36
Bura Yunus and others Vs. State, 2007, 36 CLC (HCD)
.... The criterion for excluding the confession under this section is the answer to the question, to whom was the confession made? If the answer is that it was made to a police officer, the confession is inadmissible; and cannot be proved either by the evidence of the police officer, or by any other evi....... 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.......ropolitan Sessions Case No. 716 of 1999. over the self same occurrence, two cases have been registered separately and the prosecution has also examined similar set of witnesses in both the cases. The evidence on one case would overlap the other and therefore, we would like to discuss the evidence in..Category: Criminal Law | Date: | Hits: 90
Shafique Ullah (Md) Vs. Chairman, Rupali Bank Ltd. and others, 2006, 35 CLC (HCD)
....e Appeal No. 621 of 2000 is hereby affirmed. Send down the lower Court's records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 546....... (Md)……………………………………………….Petitioner Vs. Chairman, Rupali Bank Ltd. and others…………………Opposite Parties Judgment August 2, 2006. Lawyers involved: Khair Ahmed, with Sarwar-e-Din, Advocates—For the Petitioner. Md. Golam Mostafa, w......rdance with Rupali Bank Employees Service Rules he was removed from service. So, he was not liable to be reinstated in the service. 4. At the trial, the learned Assistant Judge after recording evidence both oral and documentary adduced by the parties on consideration of the same decree the su..Category: Criminal Law | Date: | Hits: 29
Shilpi Vs. State, 2006, 35 CLC (HCD)
....ke evidence of the appellant Shilpi. Communicate this order to the Tribunal concerned immediately. This appeal is allowed summarily. Ed. This Case is also Reported in: 59 DLR (2007) 539. ......municate this order to the Tribunal concerned immediately. This appeal is allowed summarily. Ed. This Case is also Reported in: 59 DLR (2007) 539. ......s recovered. 3. Considering the facts and circumstances, we find that the victim Shilpi, the present appellant, is a very vital witness of this case and, as such, she should be allowed to give evidence before the Tribunal. In the circumstances, we direct the Tribunal concerned to take evidenc..Category: Procedural Law | Date: | Hits: 67
Khalilur Rahman (Md) Vs. Asgar Ali, 1999, 28 CLC (HCD)
.... granted by this Court stands vacated. Communicate the order of the Court to the learned Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 145....... Mohammad Nazibar Rahman, Advocate — For the Petitioner. Not represented —the Opposite Party. Civil Revision No. 3124 of 1997. Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 14-7-97 passed by the learned Senior Assistant Judge, Thakurgaon in Title Suit ......e defendant seriously challenged the genuineness of the power of attorney and the authority of Nur Mohammad to prosecute the suit. On 14-7-97 plaintiff Md. Asgar Ali appeared before the Court and his evidence was recorded. He stated before the Court that he had executed the power of attorney in favo..Category: Procedural Law | Date: | Hits: 76
Shamshad Asif Vs. Additional District Judge and others, 1999, 28 CLC (HCD)
....ules are discharged with cost at the rate of Taka 1,000.00 to be paid by the petitioner of each Rule to the contesting respondent No.2. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 138........00 to be paid by the petitioner of each Rule to the contesting respondent No.2. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 138.......ition submitted that after service of notices upon the petitioner by the Bankruptcy Court no written objections under section 27 of the said Act was filed by the petitioner in any of the cases and no evidence was adduced by any party and, as such, there was no scope for dismissal of the plaint under..Category: Civil Law | Date: | Hits: 78
Dr. Md. Kamrul Ahsan Talukder Vs. Nurun Nahar and others, 2009, 38 CLC (AD)
....ellate Court is directed to dispose of the appeal in accordance with law. This appeal is accordingly, allowed without any order as costs. Ed. This Case is also Reported in: VII ADC (2010) 794.......allowed without any order as costs. Ed. This Case is also Reported in: VII ADC (2010) 794.......d to dispose of the suit in accordance with law. Obviously, the suit is for specific performance of contract and the plaintiff to get relief within the frame of the contract and the fact if proved on evidence, the Court in exercise of its discretion could allow the same or in fitness of the case d..Category: Property Law | Date: | Hits: 37
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.......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.......ed to marry her. On this ground accused could not be held guilty of rape. And further, accused having frequent sexual intercourse with prosecutrix for more than one year by promising to marry her. No evidence that the statement of the appellant was false. Accused could not be convicted for cheatin..Category: Criminal Law | Date: | Hits: 44
Abdul Baten (Md.) Vs. Chairman, NBR & others, 2007, 36 CLC (HCD)
....rantees received in the above Writ Petitions to the respective petitioners within a period of one month of receipt of this order, positively. Ed. This Case is also Reported in: 59 DLR (2007) 525.......pective petitioners within a period of one month of receipt of this order, positively. Ed. This Case is also Reported in: 59 DLR (2007) 525....... Notification being SRO No. 260 dated 30-8-2004 at the time of import of said goods. Copies of the certificates from the relevant VAT authority annexed as Annexure L to the supplementary affidavits evidence payment of trading VAT of Taka 22,22,590.42 in respect of the goods cleared by two bills of..Category: Fiscal/Taxation Law | Date: | Hits: 95
Rahamatullah (Md) and another Vs. State, 2007, 36 CLC (HCD)
....receipt of the case records with notices to the contending parties. Send down the records along with the copy of the judgment immediately. Ed. This Case is also Reported in: 59 DLR (2007) 520....... contending parties. Send down the records along with the copy of the judgment immediately. Ed. This Case is also Reported in: 59 DLR (2007) 520.......torture of the police and so the confessional statement is not voluntary and true. 8. The learned Judge of Speedy Trial Tribunal on consideration of the facts and circumstances of the case and evidence on record passed the judgment and order dated 31-1-2005 convicting and sentencing the acc..Category: Criminal Law | Date: | Hits: 32
Uzzal alias Elias Hossain Vs. State, 2006, 35 CLC (HCD)
.... incident from PW 1, but the informant (PW 1) did not state in his deposition about his narration of the story to PWs 2,3,7 and 10. He submitted that, therefore, the evidence of PWs 2, 3, 7 and 10 is inadmissible and ought not to have been admitted as evidence by the learned trial Judge. He further ......, the father of the victim, as compensation. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 505....... case appears to be one of innocence and that the accused was falsely implicated in this case at the instance of their enemies due to political rivalry and grudge. 7. Upon consideration of the evidence and materials on record, including the deposition of the witnesses, the learned trial Judge..Category: Criminal Law | Date: | Hits: 35
Taju and others Vs. State, 2007, 36 CLC (HCD)
.... The accused appellant Taju, son of Sona Miah, is discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 499. ......h, is discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 499. ......sconding accused persons. 6. The prosecution during trial examined total 12 witnesses to prove its case and they were cross-examined by the State Defence Lawyer. 7. On completion of the evidence the accused-appellants could not be examined under section 342 of the Code of Criminal Proc..Category: Criminal Law | Date: | Hits: 42
Hazrat Ali alias Dulal Vs. State, 2007, 36 CLC (HCD)
....y the appellant in jail custody prior to his conviction be deducted from the sentence of imprisonment. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 496. ......nviction be deducted from the sentence of imprisonment. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 496. ......ion examined 9 (nine) witnesses including the investigation officer. Defence examined no witness. The defence case, as it appears from the trend of cross-examination, is one of innocence. On close of evidence of the PWs the appellants were examined under section 342 of the Code of Criminal Procedure..Category: Criminal Law | Date: | Hits: 43
Tuta Pramanik (Md) Vs. State, 2007, 36 CLC (HCD)
....is set at liberty forthwith, if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 492.......d in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 492.......plained to him to which he pleaded not guilty and demanded trial. 4. The prosecution examined as many as 9 witnesses out of 15 witnesses and the defence examined none. After closing of the evidence the accused appellant was examined under section 342 of the Code of Criminal Procedure when..Category: Criminal Law | Date: | Hits: 42
Anisur Rahman Gazi alias Anisur alias Chhotu Vs. State, 2007, 36 CLC (HCD)
....be set at liberty forthwith, if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 488. ......d in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 488. ......he prosecution witnesses from where it appears that the defence case is of innocence and that the accused-appellant has been falsely implicated in the instant case. 6. After closing of the evidence, the accused-appellant was examined under section 342 of the Code of Criminal Procedure wh..Category: Criminal Law | Date: | Hits: 34
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