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Abdul Mannan Miah Vs. Md. Salaiman Miah, 2000, 29 CLC (HCD)
....stration of Trade Mark No. 22202 dated 19-2-92, Registration of Copyright No. 5252 dated 7-5-95, BSTI certificate dated 18-8-99, Notice of caution and legal notice dated 20-7-99. 5. The defendant apart from fling an application under Order VII, rule 11 CPC praying for rejection of the plaint on t......ned trial Court is directed to dispose of the suit expeditiously preferably within three (3) months from the date or receipt of this judgment. Ed. This Case is also Reported in: 54 DLR (2002)394...Category: Intellectual Property Law | Date: | Hits: 200
Managing Director, Bangladesh Krishi Bank Vs. Gopal Chandra Nath and others, 2010, 39 CLC (AD)
.... - This petition for leave to appeal is directed against the judgment and order dated 09.07.2009 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 89 of 2007 allowing the appeal in part. 2. The facts, in short, are that the respondent Gopal Chandra Nath as petitioner filed Admi......nal suffers from no error of law calling for interference by this Court and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 494...Category: Administrative Law | Date: | Hits: 258
Zahid Hossain @ Paltu and others Vs. State, 2002, 31 CLC (HCD)
....n bank of river by the side of a brick field of Haji Adam Ali at Char Aicha tied up with rope. On receiving the information the informant along with others reached the place at night and saw the boat partly sunken there and also saw shirts, shoes, rossery, katha, blanket, etc. in the boat but did no...... the first information report accordingly. 4. Police submitted charge-sheet against five accused-appellants and another Selim under section 302 of the Penal Code to stand trial after completion of investigation of the case. Accused Md. Selim and Tota made confessional statements under section 164..Category: Criminal Law | Date: | Hits: 35
Uttara Bank Ltd. Vs. Ali and Co. and another, 2000, 29 CLC (HCD)
....further case of the defendants, in short, is that the plaintiff bank had floated a tender to demolish a building situated at holding 90/91, Motijheel Commercial Area, Dhaka. The defendants and others participated in the tender and the defendants were found to be lowest bidder. Accordingly, the plain......t and hear both the aforesaid suits analogously as early as possible, preferably within 6(six) months from date of receipt of the LC Records. Ed. This Case is also Reported in: 55 DLR (2003) 156...Category: Civil Law | Date: | Hits: 101
Nadera Banu Vs. Protiva Rani Sen Gupta and others, 2003, 32 CLC (HCD)
....agong in Other Class Suit No. 48 of 1991 rejecting the petitioner's application under Order XXVI rule 9 of the Code of Civil Procedure for holding local investigation in the suit land. 2. Opposite party Nos. 1‑2 as plaintiffs instituted Other Class Suit No. 48 of 1991 before the 1st Court of Jo......y the 1st. Court of Joint District Judge, Chittagong in Other Class Suit No. 48 of 1991 rejecting the petitioner's application under Order XXVI rule 9 of the Code of Civil Procedure for holding local investigation in the suit land. 2. Opposite party Nos. 1‑2 as plaintiffs instituted Other Class..Category: Property Law | Date: | Hits: 31
Zakir Hossain and another Vs. State, 2002, 31 CLC (HCD)
....istered as ST Case No. 2 of 1991. Accused Suruj and Sadek Ali still remained absconding and accordingly state defence lawyer was appointed for those two absconding accused at the trial. 6. Hearing parties charge under sections 302/34 Penal Code was framed against above 3 accused namely, Zakir, Su......fe, son, daughter and other neighbours came there and heard the occurrence. Muslim then lodged first information report at 12‑00 hours on 29‑9‑89. Accordingly, PS case was started. 3. Police investigation commenced during which police visited place of occurrence and held inquest on the dead..Category: Criminal Law | Date: | Hits: 34
Zakir Hossain Munshi Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....ught for in this petition arises out of a contract, the petition is maintainable." 10. In the case of Farzana Vs. Securities and Exchange Commission, reported in 54 DLR 66, in which one of us is a party to the judgment delivered in that case, similar question as to whether the writ petition under......o be refunded to the petitioner forthwith. In the result, the Rule is made absolute in the foregoing terms without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 130. ..Category: Information Technology Law | Date: | Hits: 217
Hajee Abul Hossain and others Vs. Md. Amjad Hossain and others, 2010, 39 CLC (AD)
....Baksha and others they have had no possession therein. The appellants deed are forged and collusive. 5. The learned Subordinate Judge on consideration of the evidence on record decreed the suit in part declaring the appellants title in respect of .11 acres of land on the reasonings that they acqu......le in the suit lands. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 436, 15 MLR (AD) (2010) 485, 8 LG (AD) (2011) 10...Category: Property Law | Date: | Hits: 36
Janata Insurance Company Ltd. Vs. M/s. Islam Steel Mills Limited and another, 2010, 39 CLC (AD)
....sk of fire, cyclone and flood. M/s. Islam Still Mills Limited instituted Money Suit No. 45 of 1994 for recovery of Tk. 28,03,624.16 on the averments that it had various items of machineries and spare parts lying in the mill's premises and insured those articles with the defendant under an insurance ......ut any order as to costs. This judgment would govern ail the appeals. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 478, 7 LG (AD) (2010) 208, 63 DLR (AD) (2011) 5, VIII ADC (2011) 932. ..Category: Business or Commercial Law | Date: | Hits: 212
Md. Mominul Islam Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)
.... is for leave to appeal against the judgment and order dated 05.07.2009 passed by the Administrative Appellate Tribunal, Dhaka, allowing the Administrative Appellate Tribunal Appeal No. 60 of 2005 in part thereby the judgment and order passed by the Administrative Tribunal, Dhaka, in Administrative ......aid facts and circumstances of the case, we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 474...Category: Administrative Law | Date: | Hits: 192
Azim vs. Naim Ara Begum, 2003, 32 CLC (HCD)
....d by the learned Judge of the Small Causes Court and Subordinate Judge, 3rd Court, Dhaka in SCC Suit No. 3 of 1995. 2. The relevant facts, necessary for disposal of the Rule, are that the opposite party No.1 instituted the above noted SCC Suit against the petitioner (defendant) for eviction of mo...... dischareged without any order as to costs. The stay order passed in connection with the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 158. ..Category: Property Law | Date: | Hits: 28
Nasir Howlader Vs. State, 2004, 33 CLC (HCD)
....e head and quickly left the place of occurrence and took shelter in the house of one Delwar Hossain Howlader. Thereafter, deceased immediately was taken to the hospital for treatment but in the early part of following day i.e. on 7‑2Â-1995, victim succumbed to his injuries. In the meantime, polic......thholding of the witness like Delwar Hossain Sikder and, as Such, accused is not entitled to: get any benefit of it. The learned Assistant Attorney-General further submits that non examination of the investigation officer by itself is not fatal to the prosecution case unless such case is made out al..Category: Criminal Law | Date: | Hits: 30
Abul Kashem and others Vs. State, 2003, 32 CLC (HCD)
....ant land as indicated by letter A. There has thus been a contradiction with regard to the location of the place of occurrence. (5) Since the eye‑witnesses, PWs 2 and 3, are highly interested and partisan witnesses as they are close relations of the deceased Chairman and the informant in this ca......the said ejahar PW 16, Officer-inÂ-Charge of Burichang Police Station, Md. Rezaul Karim, recorded the FIR and started Burichang PS Case No. 6 dated 10‑3‑96. Thereafter, PW 16 himself took up the investigation of the case and submitted the charge-sheet. 3. On receipt of the case records the l..Category: Criminal Law | Date: | Hits: 39
State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)
....mgir remained in abscondence after the occurrence which was very important circumstantial evidence that he was involved in the murder and it reflected his mens rea. There was no earthly reason on his part to remain absconding if he was not a culprit. Accused Alamgir was involved in the murder of Rok......But Judgment of Conviction for the offence of sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124...Category: Criminal Law | Date: | Hits: 31
Serajul Islam Bhuiyan (Md) Vs. Bangladesh Water Development Board & others, 2003, 32 CLC (HCD)
.... that all these were done in the interest of work of the Board and, as such, the Rule Nisi issued, is liable to be discharged. 8. We have heard the learned Advocates appearing on behalf of all the parties, and perused the materials on record including the writ petition with Annexures, supplementa......grachari to Rangamati Operation and Maintenance Division is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 120...Category: Employment/Service Law | Date: | Hits: 77
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....transfer the said licence to ETV Ltd should not be declared to have been entered into and granted unlawfully and without lawful authority and to be of no legal effect. Subsequently, after hearing the parties the Rule was made absolute on 27‑3‑2002. Being aggrieved by the aforesaid Judgment and o......ons made and the findings given by us in this judgment will have no bearing in disposing of the suit now awaiting disposal in the court below. Ed. This Case is also Reported in: 56 DLR (2004) 91...Category: Information Technology Law | Date: | Hits: 230
Salauddin Jamil Vs. Amjad Ali Khan and another, 2004, 33 CLC (HCD)
....‘9‑2001 passed by Subordinate Judge (Court No. 3) at Dhaka in Title Suit No. 182 of 2000, which rejected an objection to the award filed in Court. 2. It is stated that on 29‑11‑2000 opposite party No. 1 made an application under section 14(2) read with section 17 of the Arbitration Act, 194...... with cost. Order of stay granted at the time of issue of file Rule on 19‑1‑2001 is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 87. ..Category: Alternative Dispute Resolution | Date: | Hits: 161
Arif Iftekhar Ali and others Vs. Sekandar Ali Hawlader, 2002, 31 CLC (HCD)
....st order No. 10 dated 8‑10‑2001 passed by Joint District Judge, Court No. 1 at Gazipur in Miscellaneous Case No. 26 of 2001, which allowed a prayer for inspection of the suit land. 2. Opposite party as plaintiff on 8‑8‑2001 instituted Title Suit No. 145 of 2001 against the defendants for ......y disputes can be ascertained nor any evidence could validly be collected thereon. He finally, submits that learned Joint District Judge failed to appreciate the distinction between "inspection" and "investigation', and acted illegally in allowing the prayer for local inspection, since what can only..Category: Property Law | Date: | Hits: 26
Akhteruzzaman Chowdhury Vs. Hamidul Huq, MD, UCBL and another, 2003, 32 CLC (HCD)
....mood, Senior Advocates‑For Contemner‑Opposite. Parties. Contempt Petition No. 3 of 2003. Judgment Syed Amirul Islam J.- This contempt Rule was issued calling upon the contemner opposite parties to show cause as to why they shall not be committed for contempt of Court for dishonoring, d......ne amounting to Taka 2000 to be paid within one month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73...Category: Banking Law | Date: | Hits: 158
Jalal Uddin and others Vs. State, 2003, 32 CLC (HCD)
....he deceased Babul on hearing alarm raised by said Abdul Kadir reached there when the accused-appellants along with others beat him right and left with 'Bolchhira', Ram-dao, Kurhal', etc. on different parts of his body. The informant was also beaten by the accused when he went to rescue his brother's......immediately he was taken to Medical College Hospital, Mymensingh, where he succumbed to his injuries on 16‑2‑1994. Accordingly, the aforesaid police station case was started. 3. Police took up investigation (inquest report of the dead body of the deceased was prepared by a police officer on t..Category: Criminal Law | Date: | Hits: 28
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