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Abdur Rahim Chowkider @ Abdur Rahman Sheikh Vs. Raji Haider and others, 2006, 35 CLC (HCD)

.... decree affirming those of trial Court decreeing the suit are hereby set aside and the suit is dismissed. Send down the record at once. Ed. This Case is also Reported in: 58 DLR (2006) 470. ......gh Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Abdur Rahim Chowkider @ Abdur Rahman Sheikh since deceased……………… Petitioner Vs. Raji Haider and others…………………….Opposite Parties. Judgment June 28, 2006. Cases Referred......Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Abdur Rahim Chowkider @ Abdur Rahman Sheikh since deceased……………… Petitioner Vs. Raji Haider and others…………………….Opposite Parties. Judgment June 28, 2006...... decree affirming those of trial Court decreeing the suit are hereby set aside and the suit is dismissed. Send down the record at once. Ed. This Case is also Reported in: 58 DLR (2006) 470. ..

Category: Property Law | Date: | Hits: 79

Abu Musa Kutub (Md.) Vs. Secretary, Election Commission and others, 2005, 34 CLC (HCD)

....o one appears—For the Respondents. Writ Petition No. 3013 of 2004 Judgment Quamrul Islam Siddiqui J. - In this application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why the declarat......nal Jurisdiction) Present: SM Hossain J Quamrul Islam Siddiqui J Abu Musa Kutub (Md.) …………………………………………..Petitioner Vs. Secretary, Election Commission and others ……….Respondents. Judgment July 18, 2005. Cases Referred to- Abid Hashe...... High Court Division (Special Original Jurisdiction) Present: SM Hossain J Quamrul Islam Siddiqui J Abu Musa Kutub (Md.) …………………………………………..Petitioner Vs. Secretary, Election Commission and others ……….Respondents. Judgment July 18, 2005...... is discharged. The interim order passed at the time of issuance of the Rule, is herby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 450. ..

Category: Election Law | Date: | Hits: 87

Bangladesh Paribesh Andolan and another Vs. Bangladesh, represented by the Secretary, Ministry of Works and others, 2004, 33 CLC (HCD)

....ance with law. Ed. This Case is also Reported in: 58 DLR (2006) 441....... Case is also Reported in: 58 DLR (2006) 441.......1....... Let a copy of this judgment be communicated to the respondents to take necessary steps in the light of our judgment, in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 441...

Category: Environmental Law | Date: | Hits: 484

Wally Ahmed alias Babi Vs. State, 2005, 34 CLC (HCD)

....anced and he was found gloomy. The Principal of that college reported to him that Babi was suffering from homesickness and mental depression and according to his advise he took his son from London to Bangladesh and he was under the treatment of Dr. Nazimuddin, a psychiatrist of PG Hospital. The doct......nciple of criminal jurisdiction It is also the fundamental principle of criminal jurisdiction that it is always for the prosecution to prove the charge against the accused beyond reasonable doubt and this onus on the prosecution never shifts and the duty generally cast upon the prosecution to ne......upreme Court High Court Division (Criminal Appellate Jurisdiction) Present: AKM Fazlur Rahman J SM Ziaul Karim J Wally Ahmed alias Babi..................................Appellant Vs. State…………………………………………………………………..Respondent.......d from the bail bond. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 58 DLR (2006) 433; 13 MLR (HCD) (2008) 375. ..

Category: Criminal Law | Date: | Hits: 70

Nazrul Islam (Md.) and another Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....iction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Nazrul Islam (Md.) and another………………………………………………….Petitioners Vs. Government of Bangladesh and others……………………………………..Respondents. Judgment June 26...... is also Reported in: 58 DLR (2006) 431.......ecial Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Nazrul Islam (Md.) and another………………………………………………….Petitioners Vs. Government of Bangladesh and others……………………………………..Respondents. ......ent that the petitioners can still vindicate their grievance through arbitration as contained in the contract. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 431...

Category: Business or Commercial Law | Date: | Hits: 186

Sk Md. Tariqul Alam and another Vs. ATM Matiul Islam, 2006, 35 CLC (HCD)

....ty. Judgment April 4, 2006. Cases Referred to- Additional Deputy Commissioner (Rev.) and Assistant Custodian, Vested Property Vs. Md. Abdul Majid and others, 2 BLC (AD) 11; Government of Bangladesh Vs. KH Shajahan, 2 MLR 199 = 2 BLC 599; Bangladesh Vs. Abdul Wahab and others, 45 DLR 30;...... This Case is also Reported in: 58 DLR (2006) 425.......425.......lt, the Rule is made absolute without any order as to cost and the delay of 285 days in filing the revisional application is hereby condoned. Ed. This Case is also Reported in: 58 DLR (2006) 425...

Category: Procedural Law | Date: | Hits: 116

Abdus Sattar @ A. Sattar @ Sottar Vs. State, 2006, 35 CLC (HCD)

....ion with any other case. He is also discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 415, 26 BLD (HCD) (2006) 351....... Judgment Md. Ashfaqul Islam J. - Accused appellant Abdus Sattar @ A. Saltar @ Sottar along with other accused namely, Pijush Kanti Barua, Md. Hossain, Md. Soleman, Baharul Islam @ Bahar, Bashikka and Sunil Ghose were found guilty under sections 395/397 of the Penal Code and each of them were con...... High Court Division (Criminal Appellate Jurisdiction) Present: Khademul Islam Chowdhury J Md. Ashtaqul Islam J Abdus Sattar @ A. Sattar @ Sottar …………… Convict-Appellant Vs. State………………………………………………………………………..Respo......ion with any other case. He is also discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 415, 26 BLD (HCD) (2006) 351...

Category: Criminal Law | Date: | Hits: 59

Jalaluddin Vs. State, 2006, 35 CLC (HCD)

.... April 27, 2006. Cases Referred to- Asadur Rahman alias Asad and others Vs. State, 1995 BLD 290; Nawabul Alam and others Vs. State, 1995 BLD (AD) 55; Miislimuddin Vs. State, 38 DLR (AD) 311; Bangladesh Vs. Paran Chandra Baroi, 1986 BCR (AD) 225; Sarwar Vs. State, 45 DLR 489; State Vs. Babul......……………..Appellant Vs. State ……………………………………………………..Respondent. Judgment April 27, 2006. Cases Referred to- Asadur Rahman alias Asad and others Vs. State, 1995 BLD 290; Nawabul Alam and others Vs. State, 1995 BLD (AD) 55; Miislimuddi......urt High Court Division (Criminal Appellate Jurisdiction) Present: AKM Fazlur Rahman J SM Ziaul Karim J Jalaluddin ……………………………………………..Appellant Vs. State ……………………………………………………..Respondent. Judgment ......h any other offence. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 410...

Category: Criminal Law | Date: | Hits: 55

Engineer Md. Nurul Islam Chowdhury Vs. GM, Dhaka Rural Electrification Samity 1 and another, 2005, 34 CLC (HCD)

....e been made without lawful authority and to be of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner being a citizen of Bangladesh is a renowned businessman both in Bangladesh and Saudi Arabia. The respondent No. 1 is th......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...... High Court Division (Special Original Jurisdiction) 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 ...... 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

State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)

....judgment. 6. The essence of the prosecution case is that on 8-6-2002, at about 12-50 PM while on her way to girls' hostel, Sabekun Nahar alias Sony, a student of Chemical Engineering Department of Bangladesh University of Engineering and Technology (BUET) sustained injury by bullet fired by some ......……………………………………..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......vision (Criminal Appellate Jurisdiction) Present: Syed Mahmud Hossain J Md. Fazlur Rahman J State………………………………………………………………..Petitioner Vs. Mokammel Hyeath Khan…………………………………Respondent. Judgment March 1......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

Nasima Akhter Banu Vs. Abu Taher Masud and others, 2006, 35 CLC (HCD)

....ed earlier by this Court is hereby vacated. Communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 370. ......Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Syed Md. Ziaul Karim J Nasima Akhter Banu……………………………………………..Petitioner Vs. Abu Taher Masud and others.................................Opposite Parties. Judgment May 16, 2006. Cases R......urt Division (Civil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Syed Md. Ziaul Karim J Nasima Akhter Banu……………………………………………..Petitioner Vs. Abu Taher Masud and others.................................Opposite Parties. Judgment M...... 20; SN Roy Chowdhury Vs. A Jabber and others, 1994 BLD 229 = 46 DLR 273; Moyjuddin Mondol Vs. Bena Rani Das and others, 45 DLR 154; MA Jahangir and others Vs. Abdul Malek and others, 41 DLR 389; Md. Sirajuddin Vs. Mahibunnesa and others, The Lawyers Volume I (AD) 136 and 31 DLR (AD) 133. Lawyers..

Category: Procedural Law | Date: | Hits: 99

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.......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......me Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Mir Hashmat Ali J ABM Hatem Ali Alauddin (Md.) ………………………………………Petitioner Vs. State and others……………………………………..Opposite-Parties. Judgment ......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...

Category: Criminal Law | Date: | Hits: 55

Abdus Salam (Md.) Vs. Deputy Registrar of Trade Marks and others, 2005, 34 CLC (HCD)

.... that he had been using the trade mark 'Crocodile' since 1980. The Deputy Registrar, however, observed that there was evidence to show that the respondent has been using the trade mark 'Crocodile' in Bangladesh. The Deputy Registrar further found that although the applicant claimed to have been usin......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......ion (Special Statutory Civil Appellate Jurisdiction) Present: MA Wahhab Miah J Zinat Ara J Abdus Salam (Md.)……………………………………………………….Appellant Vs. Deputy Registrar of Trade Marks and others……………………………Respondents. Ju......a is directed to dispose of Trade Marks Appeal No. 5 of 2004 on merit in accordance with law. No order as to costs in any of the appeals. Ed. This Case is also Reported in: 58 DLR (2006) 343...

Category: Intellectual Property Law | Date: | Hits: 189

Ismail Howlader and others Vs. State, 2006, 35 CLC (HCD)

....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.......preme Court High Court Division (Criminal Appellate Jurisdiction) Present: Md. Ali Asgar Khan J Md. Emdadul Huq J Ismail Howlader and others……………………….Appellants Vs. State …………………………………………………………..Respondent. Judg......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)

....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....... 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

Abdul Khaleque Vs. Hazera Begum and another, 2006, 35 CLC (HCD)

....the course of an altercation. It is unlikely that the petitioner would commit such an offence again. However, that is not to say that he should not be punished at all. In my view, the penal system of Bangladesh is essentially reformative in character a opposed to retributive. The provision afforded ......urt High Court Division (Criminal Revisional Jurisdiction) Present: Md. Imman Ali J Abdul Khaleque……………………………………………..Petitioner Vs. Hazera Begum and another…………………………………Opposite Parties. Judgment March 9, 2006. ......006) 322.......ith a copy of this judgment at once. Let a copy of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs. Ed. This Case is also Reported in: 58 DLR (2006) 322...

Category: Criminal Law | Date: | Hits: 97

Faruque Hasan Vs. Titas Gas Transmission and Distribution Company Ltd. and others, 2005, 34 CLC (HCD)

....………...Petitioner Vs. Titas Gas Transmission and Distribution Company Ltd. and others……..Respondents Judgment August 16, 2005. Cases Referred to- Abdul Mannan Talukder Vs. Bangladesh House Building Finance Corporation and another, 1990 BLD (AD) 71; Bangladesh Bank and oth......Original Jurisdiction) Present: Tariq-ul-Hakim J Afzal Hossain Ahmed J Faruque Hasan…………………………………………………...Petitioner Vs. Titas Gas Transmission and Distribution Company Ltd. and others……..Respondents Judgment August 16, 2005. Cases......gh Court Division (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Afzal Hossain Ahmed J Faruque Hasan…………………………………………………...Petitioner Vs. Titas Gas Transmission and Distribution Company Ltd. and others……..Respondents Judgmen...... passed by the respondent No.3 are declared to have been passed without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 58 DLR (2006) 316, 26 BLD (HCD) (2006) 343...

Category: Employment/Service Law | Date: | Hits: 75

Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)

....l run concurrently. Let a copy of the order along with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311.......riminal Revisional Jurisdiction) Present: Md. Anwarul Haque J Farah Mahbub J Abdul Ahad…………………………………………………………Accused Petitioner Vs. State and another……………………………………………….Opposite Parties. Judgment O......ivision (Criminal Revisional Jurisdiction) Present: Md. Anwarul Haque J Farah Mahbub J Abdul Ahad…………………………………………………………Accused Petitioner Vs. State and another……………………………………………….Opposite Parties. ......l run concurrently. Let a copy of the order along with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311...

Category: Criminal Law | Date: | Hits: 60

Kazi Moniruzzaman and others Vs. Kazi Nuruzzaman and others, 2006, 35 CLC (HCD)

....shall dispose of the case expeditiously preferably within 6(six) 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) 306.......This Case is also Reported in: 58 DLR (2006) 306....... Court High Court Division (Civil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Md. Raisuddin J Kazi Moniruzzaman and others…………………………..Petitioners Vs. Kazi Nuruzzaman and others ………………………………..Opposite Parties. Judgmen......shall dispose of the case expeditiously preferably within 6(six) 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) 306...

Category: Property Law | Date: | Hits: 131

Mansur Ali Howlader Vs. Nurul Islam Howlader, 2004, 33 CLC (HCD)

............................................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 and Co Vs. Wajir Ali Industries Ltd and Habib Bank Limite......…………..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 ......eme Court High Court Division (Civil Revisional Jurisdiction) Present: Afzal Hossain Ahmed J Mansur Ali Howlader…………………………………………………..Petitioner Vs. Nurul Islam Howlader..........................................Opposite Parties. Judgment ......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