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Jamal Ahmed alias Jamal Vs. State, 2005, 34 CLC (HCD)
....7. The question whether an appeal is barred by limitation or not or whether he had been prevented by just and reasonable cause in filing the appeal in time is a question of facts to be decided by the relevant Court on an application of mind to the facts stated, and by reference to the records after ......trate, the petitioner preferred Criminal Appeal being No. 124 of 2004 in the Court of the learned Sessions Judge, Sylhet who. hearing the learned Advocate for the petitioner and perusing the Memo and papers on record, did not admit the appeal on the ground that there was no separate prayer for condo...... 2004. Judgment Siddiqur Rahman Miah J. - This revisional application under section 439 of the Code of Criminal Procedure at the instance of Jamal Ahmed @ Jamal is directed against the judgment and order dated 1-11-2004 passed by the learned Sessions Judge, Sylhet, in Criminal Appeal No. 124 o......the best way the Court would deem fit and proper within 2(two) 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) 419. ..Category: Criminal Law | Date: | Hits: 65
....e upon application of the petitioner and, as such, the Rule should be discharged.
7. We have perused the writ petition with Annexures and Affidavit-in-Opposition filed by the respondent1: with the relevant annexures.
8. It appears that admittedly the petitioner is the owner of the land in ques...... land of the petitioner with their own costs and responsibility within 3(three) months from the date of receipt of the copy of this judgment.
Ed.
This Case is also Reported in: 58 DLR (2006) 405.......sdiction)
Present:
Md. Muzammel Hossain J
Zubayer Rahman Chowdhury J
Engineer Md. Nurul Islam Chowdhury…………………..Petitioner
Vs.
GM, Dhaka Rural Electrification Samity 1 and another ……………Respondents.
Judgment
October 23, 2005.
Lawyers Involved:
Mob...... land of the petitioner with their own costs and responsibility within 3(three) months from the date of receipt of the copy of this judgment.
Ed.
This Case is also Reported in: 58 DLR (2006) 405...
Category: Others | Date: | Hits: 146
Suratjan Bewa Vs. Md. Abdul Mannaf and others, 2006, 35 CLC (HCD)
....r the trial Court. It is against this backdrop that this matter was taken up on appeal by the lower appellate Court resulting in a comprehensive judgment that at the outset reads as a treatise on the relevant law applicable to this case. The lower appellate Court noted that the factors found by the ......e in the Rule issued. In the result, the Rule is discharged. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 400.......me Court High Court Division (Civil Revisional Jurisdiction) Present: Syed Refaat Ahmed J Suratjan Bewa……………………………………..Petitioner Vs. Md. Abdul Mannaf and others………………………..Opposite Parties. Judgment May 10, 2006. Cases Refer......e in the Rule issued. In the result, the Rule is discharged. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 400...Category: Property Law | Date: | Hits: 82
Aftab Ali Sheikh (Md.) Vs. Director, Land Records and others, 2006, 35 CLC (HCD)
....receipt of an application or on receipt of an official report for the correction of an entry that has been procured by fraud in record-of-rights before the final publication thereof, after consulting relevant records and making such other enquiries as he deems necessary, direct excision of the fraud......procured the appellate judgment by fraud inasmuch as the appellate judgment, marked Annexure A, was passed after giving a full-fledged hearing to both the parties and on consideration of the relevant papers. Under Rule 44 of the Tenancy Rules 1955, the Director of Land Records and Surveys has been v......l Original Jurisdiction) Present: Tariq ul Hakim J Afzal Hossain Ahmed J Aftab Ali Sheikh (Md.).............................................................Petitioner Vs. Director, Land Records and others………………………….Respondents. Judgment April 18, 2006. ......ade and passed illegally and without lawful authority and to be of no legal effect. The stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 58 DLR (2006) 397...Category: Property Law | Date: | Hits: 62
State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)
....ary and thus the omission on the part of the learned Sessions Judge to draw their attention to the confessional statements had neither caused any prejudice to them nor vitiated the trial." 61. The relevant portion of the confessional statement of Mokbul Hossain alias Mukul is extracted below: ......hfiq Uddin Togar and Nurul Islam Sagor alias Tapa Nurul Islam as the leaders of the other group. Subsequently, he came to know the names of the miscreants from different persons and also from the newspapers. He stated that accused Mokbul Hossain alias Mukul sustained bullet injury on the date of occ......……………………………………..Petitioner Vs. Mokammel Hyeath Khan…………………………………Respondent. Judgment March 1, 2006. Cases Referred to- Paran Chandra Barai Vs. State, 6 BCR (AD) 225; State Vs. Faruqur Rahman and Others, BLT's Special Issue 2001......e set at liberty at once if not wanted in any other case. Send down the LC Record with a copy of the judgment. Ed. This Case is also Reported in: 58 DLR (2006) 373, 26 BLD (HCD) (2006) 641. ..Category: Criminal Law | Date: | Hits: 236
Alauddin (Md.) Vs. State and others, 2005, 34 CLC (HCD)
....in that dale and also agreed that they will not ask for any adjournment until it is required on emergency. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 364.......gdha Huq, the learned Deputy Attorney-General appeared for the State and opposed the Rule. 12. We have gone through the miscellaneous application and the grounds there under and also the connected papers and documents annexed with the application and heard the learned Advocates of both the partie......igh Court Division (Criminal Miscellaneous Jurisdiction) Present: Mir Hashmat Ali J ABM Hatem Ali Alauddin (Md.) ………………………………………Petitioner Vs. State and others……………………………………..Opposite-Parties. Judgment June 29, 2005......he learned Deputy Attorney-General appeared for the State and opposed the Rule. 12. We have gone through the miscellaneous application and the grounds there under and also the connected papers and documents annexed with the application and heard the learned Advocates of both the parties at length..Category: Criminal Law | Date: | Hits: 55
Rafiqul Islam (Md.) Vs. State, 2006, 35 CLC (HCD)
....ppeal against the judgment and order dated 2-10- 1993 passed by the learned Additional Chief Metropolitan Magistrate Court, Dhaka in GR Case No. 3046 of 1992, should not be set aside. 2. The facts relevant for the disposal of the Rule, in brief, are that on 8-6-1992 at about 5-30 PM the petitione......ranted by this Court, may be released from his bail bond. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: 58 DLR (2006) 362. ...... Md. Imman Ali J. - This Rule was issued upon an application filed under section 439 of the Code of Criminal Procedure calling upon the opposite party to show cause as to why the impugned judgment and order dated 28-8-2000 passed by the learned Metropolitan Sessions Judge, Dhaka in Metropolitan S......ranted by this Court, may be released from his bail bond. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: 58 DLR (2006) 362. ..Category: Criminal Law | Date: | Hits: 61
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. ...... 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. ......g in the Court 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 Ban......ith 25% margin for BDT at Taka 15,35,593,50 and by another LC dated 28-10-1998 for importing 100 metric tons of Indian rice with 25% margin for Taka 9, 74, 980 with the complainant Bank. The shipping documents of first LC reached to the complainant Bank on 22-10-1998 and under condition of the said ..Category: Criminal Law | Date: | Hits: 46
Abdul Mazid (Md.) Vs. State, 2006, 35 CLC (HCD)
....d to apprehend accused Mazid but the latter succeeded in fleeing away. He appears to be a witness of the inquest report too. 28. PW 9 Begum Maksuda Khatun was Magistrate, 1st Class at Bogra at the relevant time. She testified that on 6-9-1999 she recorded the confessional statement of accused Maz...... However, imposition of fine shall remain unaltered. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 355.......ey-General—For the Respondent. Jail Appeal No. 557 of 2005. Judgment Khondker Musa Khaled J.- This Jail Appeal, at the instance of accused Md. Abdul Mazid, is directed against the judgment and order of conviction and sentence dated 30-4-2005 passed by the learned Additional Sessions Judge......he post-mortem report and his supporting evidence. 35. PW 13 Md. Nurul Afsar Bhuyan is investigating officer of the case and he deposed about investigation works done by him and proved the related documents prepared by him at the time of investigation. He deposed that on getting prima facie mater..Category: Criminal Law | Date: | Hits: 93
Abdus Salam (Md.) Vs. Deputy Registrar of Trade Marks and others, 2005, 34 CLC (HCD)
...., Dhaka in Opposition case No. 1529 of 2000 rejecting the application filed by him for registration of the trade mark 'Crocodile' in class 25 vide application No. 52667 in class 25. 7. Short facts relevant for disposal of the appeal are that on 14-9-1997 the appellant filed an application before ......akistan. The opponent gives wide and extensive publicity of their trade mark 'Crocodile and Device' in various countries of the world through various media including international trade journals, newspapers and magazines and due to the wide publicity and long continuous and extensive use of their ma......te Jurisdiction) Present: MA Wahhab Miah J Zinat Ara J Abdus Salam (Md.)……………………………………………………….Appellant Vs. Deputy Registrar of Trade Marks and others……………………………Respondents. Judgment March 16, 2005. Cases Refe......any is a world-wide reputed company and the trade mark 'Crocodile' is being used in the whole world. 13. Considering the facts and circumstances of the case and the impugned orders, we require the documents filed by both the parties as additional evidence to pronounce the judgment and accordingly..Category: Intellectual Property Law | Date: | Hits: 189
Ismail Howlader and others Vs. State, 2006, 35 CLC (HCD)
....as justified in passing the impugned judgment and order of conviction and sentence upon all the 6 convict appellants. 22. On the legality of the joint trial, section 6 of the Children Act, 1974 is relevant which reads as follows: "6. No joint trial of child and adult.- (1) Notwithstanding any......nowara Begum who were granted bail earlier by this Court stand discharged from the bail bond if furnished any. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 335.......This Case is also Reported in: 58 DLR (2006) 335.......nowara Begum who were granted bail earlier by this Court stand discharged from the bail bond if furnished any. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 335...Category: Criminal Law | Date: | Hits: 43
Noorjahan Ahmed and others Vs. Tarifuddin Ahmed, 2003, 32 CLC (HCD)
....Rahman Khan. He stated that he did not depose on the points of suppression of summons. However, he stated that the suit building belongs to the plaintiffs and defendant had no possession therein. The relevant evidence for the purpose of disposing of this appeal is of DW 7. DW 5 is Isar Ali Sarker. H......ps for reconstruction of the record of the other suit No. 105 of 1983. There shall be no order as to cost. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 326....... This Case is also Reported in: 58 DLR (2006) 326.......ps for reconstruction of the record of the other suit No. 105 of 1983. There shall be no order as to cost. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 326...Category: Property Law | Date: | Hits: 83
Kazi Moniruzzaman and others Vs. Kazi Nuruzzaman and others, 2006, 35 CLC (HCD)
....oint 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 facts relevant for disposal of the Rule may, briefly, be stated as follows; The predecessors of the plaint......plaintiff acquiring the property in the benami of his minor sons made construction and leased out the same to Janata Bank, defendant No.4, as monthly tenant and it was also alleged that all the title papers have been in his custody and he filed the same in the Court. 3. The defendant-opposite par......This Case is also Reported in: 58 DLR (2006) 306.......ith 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 documents, item No. 28 papers showing that the PW 2 is a licensee and item No. 37 photo copy of the ..Category: Property Law | Date: | Hits: 131
Mansur Ali Howlader Vs. Nurul Islam Howlader, 2004, 33 CLC (HCD)
....ppeal in accordance with law and to dispose of the appeal within 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 58 DLR (2006) 304, 26 BLD (HCD)(2006) 53.......the petitioner. On the other hand, no one appears for the opposite parties. 5. Perused the revisional application, the impugned order, the impugned judgment and decree of the trial Court and other papers filed along with the revisional application. 6. The learned Advocate for the petitioner su......…………..Petitioner Vs. Nurul Islam Howlader..........................................Opposite Parties. Judgment October 31, 2004. Cases Referred to- Indomoti Howlader Vs. ADC and others, 50 DLR 444; Delwar Hossain Vs. Government of Bangladesh and others, 50 DLR 494; HM Saya ......ppeal in accordance with law and to dispose of the appeal within 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 58 DLR (2006) 304, 26 BLD (HCD)(2006) 53...Category: Property Law | Date: | Hits: 81
Abdur Rashid Salam Vs. Md. Moniruzzaman, 2005, 34 CLC (HCD)
.... section 115(1) or under section 115(4) of the Code. 7. Pressing the application, Mr. Sk Md. Morshed, the learned Advocate appearing for the defendant-opposite party, submits with reference to the relevant provisions of sub-section (2) of section 2, section 96 and Order XLIII of the Code that the......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. ......¦â€¦â€¦â€¦â€¦.Petitioner Vs. Md. Moniruzzaman …………………………………………………..Opposite Party. Judgment July 19, 2005. Cases Referred to- S. Azizul Hassan and another Vs. Malik Ghulam Muhammad, 1971 SCMR 123; Shankar Rao and others Vs. Raghunath Rao, AIR ......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. ..Category: Procedural Law | Date: | Hits: 90
Motleb Mondal Vs. State & others, 2005, 34 CLC (HCD)
....on behalf of the complainant, as Court witnesses under section 540A of the Criminal Procedure Code so that they can be cross examined by both the parties. This will enable the court to have the whole relevant evidence included in one trial and a decision could be arrived at after a proper considerat......light of above decision which must have force on all Courts subordinate to the Honorable Supreme Court. 16. We have perused the application under section 439 of the Code. We have seen all relevant papers including copy of first information report, charge-sheet of Shailakupa PS Case No.3 dated 2-5......e & others ……………………………………………...Accused-Opposite Parties. Judgment August 29, 2005. Cases Referred to: 18 DLR (SC) 474; 6 BLC 17; Nur Elahi Vs. State and others, 8 DLR (SC) 474. Lawyers Involved: Md. Shamsul Huda, Advocate—For the Petitioner.......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. ..Category: Criminal Law | Date: | Hits: 41
Sonali Bank Limited and Others Vs. Prime Global Limited and Others, 2011, 40 CLC (AD)
....from the date of receipt of this order in accorÂdance with law. Ed. This Order is also Reported in: 63 DLR (AD) (2011) 99, 31 BLD (AD) (2011) 49, 16 MLR (AD) (2011) 151, 8 LG (AD) (2011) 119. ......ned reÂgarding service of summons either through process server or by post after the Order dated 14.09.2003; rather, on the prayer of the plainÂtiff, 14.10.2003 was fixed for submission of the news-papers in Court after publication of the summons. Nothing further has been writÂten in the subseque......) 49, 16 MLR (AD) (2011) 151, 8 LG (AD) (2011) 119. ......from the date of receipt of this order in accorÂdance with law. Ed. This Order is also Reported in: 63 DLR (AD) (2011) 99, 31 BLD (AD) (2011) 49, 16 MLR (AD) (2011) 151, 8 LG (AD) (2011) 119. ..Category: Civil Law | Date: | Hits: 102
Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed and others, 2006, 35 CLC (HCD)
....d 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, Sadar, Chittagong. 3. The short facts relevant for the purpose Of this case are that the suit land belonged to Md. Ibrahim and RS khatian ......itled to get relief as prayed for. 18. The learned Advocate for the petitioner has placed before us the judgment and decree of the trial Court as well as the appellate Court and all other relevant papers in support of his contention. 19. The crux of the contention of this revisional applicatio......vil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Md. Rais Uddin J Kabir Ahmed Sawdagar…………………………………….Petitioner Vs. Md. Syed Saifuddin Jaheed and others…………………………Opposite Parties. Judgment March 7, 2006. Case Refe......ourt was unable to hear the suit. Then 17-2-1994 was fixed for further hearing but the plaintiff filed an application on 9-2-1994 with a prayer for restraining the defendant No. 1 from submitting the documents but the court by its order No. 29 dated 17-2-1994 directed the defendant No. 1 to submit t..Category: Property Law | Date: | Hits: 115
MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)
.... (2) (Ga) of Rule 4 of the Rules and thereafter, he ought to have rejected the plaint. 10. Mr. M Qumrul Haque Siddique, the learned Advocate appearing for the respondents, has placed before us the relevant provisions of Bankruptcy Act. 1997 and the Rules framed there under and submits that sectio......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. ......in J Zubayer Rahman Chowdhury J MA Salam…………………………………………………………….Petitioner Vs. Additional District Judge & Dewlia Adalat, Chittagong and another…… Respondents. Judgment November 17, 2005. Cases Referred to- Messrs S......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. ..Category: Civil Law | Date: | Hits: 131
Md. Lokman @ Lokman Vs. State, 2010, 39 CLC (AD)
....ichar Tribunal No.1, Dhaka in framing charge against the accused petitioner. 11. In view of the above discussion and findings, we are of the view that the High Court Division having considered the relevant laws, all the materials on recorded and the submissions advanced on behalf of the accused-p......Rule requiring no interÂference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 156, 8 LG (AD) (2011) 81, 31 BLD (AD) (2011) 60. ...... Lokman @ Lokman………………Petitioner Vs. The State………………………..............Respondents Judgment February 3, 2010. Cases Referred To- Bangladesh Vs. Paran Chandra Baroi, 1986 BCR (AD) 225; Taher Hossain Rushdi Vs. The State, 7 MLR (AD) 116; State Vs. Khondk......Rule requiring no interÂference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 156, 8 LG (AD) (2011) 81, 31 BLD (AD) (2011) 60. ..Category: Criminal Law | Date: | Hits: 73
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