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Suratjan Bewa Vs. Md. Abdul Mannaf and others, 2006, 35 CLC (HCD)
....Judgment Syed Refaat Ahmed J. - In this application under section 115 of the Code of Civil Procedure a Rule was issued calling upon the opposite-parties to show cause as to why judgment and decree dated 31-5-1999 passed by the learned Additional District Judge, Second Court, Kishoreganj in other ......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.......of 1996 should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The plaintiff-petitioner instituted Other Class Suit No. 46 of 1996 for a declaration that the Hiba-bil-iwaz deed No. 3715 purported to be executed and registered by on..Category: Property Law | Date: | Hits: 82
Sheikh Mujibur Rahman @ Rajib Ullah Vs. State, 2004, 33 CLC (HCD)
....f the convict Sheikh Mujibur Rahman alias Rajib Ullah alias Rajibul Islam alias Rajibur Rahman preferred under section 420 of the Code of Criminal Procedure is directed against the Judgment and order dated 26-8-2001 of the learned Sessions Judge, Hobigonj, in Sessions Case No. 190 of 2000 convicting......e Penal Code and sentencing him to rigorous imprisonment for ten years with a fine of Taka 5,000 in default, to suffer rigorous imprisonment for one year more. 2. On perusal of the record, we have noticed that pursuant to a police report submitted under section 173, Cr.P.C. recommending for the p......nd order dated 26-8-2001 of the learned Sessions Judge, Hobigonj, in Sessions Case No. 190 of 2000 convicting him under section 304 (sic) of the Penal Code and sentencing him to rigorous imprisonment for ten years with a fine of Taka 5,000 in default, to suffer rigorous imprisonment for one year mor..Category: Criminal Law | Date: | Hits: 51
State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)
....s, Togar and Nurul Islam group took position at the main gate of BUET. Moky and Tuhin along with their group by forming an unlawful assembly with deadly weapons took position in Titu Mir Hall. On the date of occurrence, that is, on 8-6-2002 at or about 12-30 PM both the groups started indiscriminate......elect, that would not have been fatal in view of me pronouncement of the Appellate Division in the case of Mizanur Rahman and others Vs. State 1996 BLD (AD) 293 which runs as follows: "The Judges noticed that although the learned Sessions Judge did not mention anything about the confessional sta......ukbul Hossain, 26 DLR 419. Lawyers Involved: Abdul Malek with Asaduzzaman, SM Shujahan, Advocates—For the Condemned Prisoner. Md. Khalilur Rahman Bhuiyan, Advocate —State defence lawyer for absconding Condemned Prisoners. AM Mahbub Uddin with Md. Yunus Ali Akond, Md. Kamruzzaman, Na..Category: Criminal Law | Date: | Hits: 236
Nasima Akhter Banu Vs. Abu Taher Masud and others, 2006, 35 CLC (HCD)
....Party No. 1. Civil Revision No. 2315 of 2004. Judgment Syed Md. Ziaul Karim J. - This Rule, at the instance of plaintiff-petitioner, calls in question the legality and propriety of the order dated 24-4-2004 passed by the learned District Judge, Cox's Bazar in Civil Revision No. 13 of 2004 s......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. ......are that on 27-8-1994 the petitioner as plaintiff instituted Partition Suit No. 186 of 1994 in the Court of Senior Assistant Judge, Cox's Bazar against the defendants herein opposite parties, praying for a separate saham of her share in the property for partition by metes and bounds Subsequently, th..Category: Procedural Law | Date: | Hits: 99
Alauddin (Md.) Vs. State and others, 2005, 34 CLC (HCD)
....State. Criminal Miscellaneous Case Nos. 118, 8422 of 2003. Judgment Mir Hashmat Ali J. - Both these Rules were issued calling upon the opposite parties to show cause as to why impugned order dated 23-11-2002 passed by the Additional Sessions Judge, 6th Court, Chittagong in Criminal Revision......hat order of attachment can be passed at any moment when the case is pending before the Magistrate if the Magistrate is satisfied that emergency of the situation demands that It is not necessary that notice must be served on the parties to appear and submit statement. In the said case Mr. Justice Ch......5-4-2003 passed by the learned Magistrate, 1st Class, Sadar Chittagong in Criminal Miscellaneous Case No. 206 of 2001 should not be quashed. 2. The petitioner filed an application on 31- 12-2001 before the Court of learned Magistrate, 1st Class, Sadar Chittagong under section 144 of the Code of C..Category: Criminal Law | Date: | Hits: 55
Abdul Mazid (Md.) Vs. State, 2006, 35 CLC (HCD)
....ail 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, 2nd Court, Bogra, in Sessions Case ......ing as to why he made such alteration and it is not ascertainable whether the punishment has been imposed under part-I or part-II of section 304 of the Penal Code. 40. Moreover, it has come to our notice that some misleading information were given by the trial Judge in his judgment giving an impr...... the learned Additional Sessions Judge, 2nd Court, Bogra, in Sessions Case No.92 of 2000 convicting the accused-appellant under section 304 of the Penal Code and sentencing him to suffer imprisonment for life and also to pay a fine of Taka 5000, in default, to suffer rigorous imprisonment for one ye..Category: Criminal Law | Date: | Hits: 93
Mashriqui Jute Mills Vs. Chairman, Second Labour Court & another, 2005, 34 CLC (HCD)
....Respondents. Writ Petition No. 6761 of 2001. Judgment Afzal Hossain Ahmed J. - This Rule Nisi was issued calling upon the. respondents to show cause as to why the impugned Judgment and order dated 17-9-2001 passed by the respondent No. 1 in Complaint Case No. 29 of 1996 (Annexure-C to the p......he had beep serving since 1973 in the establishment of the petitioner and lastly he was designated as "Packer" and his wages was Taka 1560 per month. The respondent No. 2 was served upon a show cause notice with false allegations. The respondent No. 2 replied to the show cause notice denying all the......the show cause notice denying all the allegations. Without considering the explanation to the show cause notice the petitioner constituted an inquiry committee and directed the petitioner to appear before the inquiry committee on 10-7-1996. The respondent No. 2 appeared before the inquiry committee ..Category: Employment/Service Law | Date: | Hits: 67
Abdus Salam (Md.) Vs. Deputy Registrar of Trade Marks and others, 2005, 34 CLC (HCD)
.... questions of law being involved, have been heard together and are being disposed of by this single judgment. 2. Trade Marks Appeal No. 51 of 2001 has been filed by the appellant against the order dated 15-1-2001 passed by the Deputy Registrar of Trade Marks, Dhaka rejecting Rectification Case No......o drew our attention to article 6 of the Paris Convention in support of his contentions and further submitted that although Paris Convention has no force of law, yet Court can very much take judicial notice of the terms of the said convention in order to see as to whether an internationally reputed ......e Deputy Registrar of Trade Marks, Dhaka rejecting Rectification Case No. 244 of 1998. 3. Short facts leading to the filing of this trade marks appeal are that the appellant filed an application before the Registrar of Trade Marks, Dhaka under section 37 and 46 of the Trade Marks Act, 1940 (herei..Category: Intellectual Property Law | Date: | Hits: 189
Ismail Howlader and others Vs. State, 2006, 35 CLC (HCD)
....orney-General, Md. Nazmul Huq, Assistant Attorney-General—For the State. Criminal Appeal No. 2172 of 1997. Judgment Md. Emdadul Huq J. - This Criminal Appeal is from the judgment and order dated 29 September 1997 passed by the learned Additional Sessions Judge, Bagerhat in Sessions Case N......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.......sions Case No. 69 of 1993. By that judgment the six appellants were found guilty of the charge under section 302 read with section 34 of the Penal Code and each of them were sentenced to imprisonment for life and also to pay a fine of Taka 2000 in default, to suffer rigorous imprisonment for 1 (one)..Category: Criminal Law | Date: | Hits: 43
Nil Sen Singh Vs. Radha Mohan Singh and others, 2006, 35 CLC (HCD)
.... Opposite Parties. Civil Revision No. 3599 of 2004. Judgment Siddiqur Rahman Miah J.- This revisional application at the instance of the plaintiff is directed against the judgment and decree dated 15-7-2004 passed by the learned District Judge, Moulvi Bazar in Title Appeal No. 12 of 2003 al......tle Suit No. 2 of 2003 is set aside. The judgment and decree dated 30-1-2003 of the trial Court is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 329. ......hers, 27 DLR 413; Adusumilli Gopala Krishnayya Guru Vs. Province of Madras, PLD 1947 PC at page 180; A K Raha Ltd. Vs. State of Punjab, AIR 1961 (Calcutta) at page 166. Lawyers Involved: JN Deb for Mahbub Ali with Md. Ekranml Hoque. Foujia Afrin, Sharmin Jahan Zeba, Advocates—For the Petitio..Category: Property Law | Date: | Hits: 75
Noorjahan Ahmed and others Vs. Tarifuddin Ahmed, 2003, 32 CLC (HCD)
....ul-Huq with Zafarullah, Advocates—For the Respondent. Appeal from Original Decree (FA) No. 18 of 1990. Judgment Md. Abdul Matin J. - This appeal is directed against the Judgment and decree dated 11-9-1989 in other suit No. 130 of 1986 passed by the Subordinate Judge, Dinajpur dismissing t......decree that the ex parte Judgment and decree dated 27-11-1984 passed in Other Suit No. 105 of 1983 is void, illegal and not binding upon the plaintiff as it was obtained by non-service of summons and notices upon the defendants of Other Suit No. 105 of 1983. It was further continued that the suit la......ed by the Subordinate Judge, Dinajpur dismissing the suit. 2. The appellant No. 1 as plaintiff instituted other suit No. 130 of 1986 in the Court of Subordinate Judge, Dinajpur against the respondent for a decree that the ex parte Judgment and decree dated 27-11-1984 passed in Other Suit No. 105 of ..Category: Property Law | Date: | Hits: 83
Abdul Khaleque Vs. Hazera Begum and another, 2006, 35 CLC (HCD)
....an Ali J. - This Rule arises out of an application filed under section 439 of the Code of Criminal Procedure, calling upon the opposite parties to show cause as to why the impugned judgment and order dated 30-8-1999, passed by the learned Metropolitan Additional Sessions Judge, Dhaka, in Criminal Ap......onment for 6(six) months. An appeal filed by the petitioner was dismissed by the impugned judgment and order. 4. The learned Advocate engaged by the petitioner having been elevated to the Bench, a notice was sent from this Court with a copy of the Court's order directing the petitioner to appear ...... dismissing the appeal and upholding the order of conviction and sentence dated 30-9-1995 passed by the Metropolitan Magistrate, Dhaka in CR Case No.2473 of 1994, should not be set aside. 2. The informant, Hazera Begum and the petitioner, Abdul Khaleque are workers under the Dhaka Municipal Corpo..Category: Criminal Law | Date: | Hits: 97
....ition No.9 of 2002 Rule Nisi has been issued calling upon the respondents to show cause as to why the impugned order of termination of service as contained in Memo No. Sangsthapon 2013/25 (Sring)/822 dated 9-12-2001 (Annexure G to the Writ Petition) passed by the respondent No.3 should not be declar......ith an interim order staying the operation of the order of transfer.
6. It has been alleged that on 8-12-2001 after issuance of the aforesaid Rule the petitioner verbally brought the matter to the notice of the respondent Nos. 2 and 3 and sent a written communication to the respondent No.2 on 9-1......t has been further stated that the petitioner's Trade Union was elected as Collective Bargaining Agent (CBA) in the year 1986 and reelected in the year, 1988 but since then there has been no election for Collective Bargaining Agent (CBA). Thereafter, due to various disputes the petitioner's Trade Un..
Category: Employment/Service Law | Date: | Hits: 75
Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)
....hment so far it relates to the offence punishable under section '475 of the Penal Code is hereby upheld. The accused-petitioner is directed to surrender before the trial Court within 30 days from the date of receipt of this record in order to serve out the remaining portion of sentence awarded by th......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.......cused-petitioner from entering into the case land which was ultimately converted to a Miscellaneous proceeding under section 145 of the Code of Criminal Procedure and at the time of adducing evidence for ascertaining physical possession in the land in question the petitioner filed a Kabala Deed No. ..Category: Criminal Law | Date: | Hits: 60
Kazi Moniruzzaman and others Vs. Kazi Nuruzzaman and others, 2006, 35 CLC (HCD)
....le at the instance of the plaintiffs-petitioners Kazi Moniruzzaman and others arises out of an application under section 115(1) of the Code of Civil Procedure and is directed against an order No. 113 dated 6-2-2003 passed by the learned Joint District Judge, First Court, Dhaka in Title Suit No. 153 ......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.......e Code of Civil Procedure and is directed against an order No. 113 dated 6-2-2003 passed by the learned Joint 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 f..Category: Property Law | Date: | Hits: 131
Mansur Ali Howlader Vs. Nurul Islam Howlader, 2004, 33 CLC (HCD)
.... with Abdul Quayum—For the Petitioner. Not represented—the Opposite Parties. Civil Revision No. 3248 of 1991. Judgment Afzal Hossain Ahmed J. - This Rule is directed against the order dated 7- 9-85 passed by the District Judge, Bakerganj in Title Appeal No. 73 of 1985 rejecting the m......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.......brief, is that the predecessor of the opposite parries Nos. 1-16. Sadek Hossain Howlader (since deceased) as plaintiff filed Title Suit No. 285 of 1971. in the Court of the Subordinate Judge, Barisal for declaration of title against the opposite parry Nos. 17-22 over the land described in the schedu..Category: Property Law | Date: | Hits: 81
Amin Uddin (Md.) Vs. State, 2006, 35 CLC (HCD)
....tate opposite party for hearing. 5. Learned Advocate for the accused petitioner refers to provisions of section 27(1) of Nari-o-Shishu Nirjatan Daman Ain, 2000 as amended vide Gazette Notification dated 29th July, 2003 and shows that any Nari-o-Shishu Nirjatan, Daman Tribunal will not take cognis...... matter having great social importance giving top most priority. LC records along with copy are sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 294, 26 BLD (HCD) (2006) 433. ......er. 2. Pending disposal of the Rule further proceedings as above was stayed. 3. Rule was made returnable within 4 weeks. 4. Rule being ready was fixed at the instance of State opposite party for hearing. 5. Learned Advocate for the accused petitioner refers to provisions of section 27(1)..Category: Criminal Law | Date: | Hits: 48
Nabisco Biscuit and Bread Factory Ltd. Vs. Baby Food Products Ltd. and another, 2005, 34 CLC (HCD)
.... No. 1. He further pointed out that the wrappers used by the opposite party No. 1 is far different from that used by the petitioner and the wrapper/label has been registered as a mark being No. 35138 dated 14-5- 1992, which is itself the subject matter of Trademark Application No. 15 of 2002. 10.......ected to take necessary steps in accordance with law to effect rectification of the Register of Trade Marks in the light of this Judgment. Ed. This Case is also Reported in: 58 DLR (2006) 287. ......teps in accordance with law to effect rectification of the Register of Trade Marks in the light of this Judgment. Ed. This Case is also Reported in: 58 DLR (2006) 287. ..Category: Intellectual Property Law | Date: | Hits: 386
Motleb Mondal Vs. State & others, 2005, 34 CLC (HCD)
....urt Jenaidah, was issued calling upon opposite party Nos. 1-11 including State, opposite party No.1 represented by Deputy Commissioner Jenaidah to show cause as to why the impugned judgment and order dated 9-9- 2004 by Additional Sessions Judge, 1st Court Jenaidah rejecting the prayer of the prosecu......proceedings of both Sessions Case 28/2001 and Sessions Case 57/2000 were stayed for 3 months. Subsequently, above order of stay was allowed to continue until further direction. 3. After service of notice opposite parties Nos. 2-4, 6-10 namely, Ainuddin Joarder, Chand Ali Mondal, Moyenuddin Biswas...... Criminal Procedure at the instance of Motleb Mondal, complainant-petitioner of Session Case No. 28/2001 arising out of Complaint Case No. 25/96 under sections 147/148/149/302/114, Penal Code filed before Cognizance Court Jenaidah, was issued calling upon opposite party Nos. 1-11 including State, op..Category: Criminal Law | Date: | Hits: 41
Sonali Bank Limited and Others Vs. Prime Global Limited and Others, 2011, 40 CLC (AD)
....ented-Respondent Nos. 3-5. Civil Petition for Leave to Appeal No. 2347 of 2010. Order ABM Khairul Hague CJ. - This petition for leave to appeal has been filed against the Judgment and order dated 25.08.2010, passed by the High Court Division in Writ Petition No. 7916 of 2008, making th......wn to all concerned if not already known that summons of a suit ought to be served, generally through process server and alternatively through registered post as a last resort, through publication of notice/summons in the news-papers. 11. If the summons could not be served through process server ......-For Respondent Nos.1 & 2. Dr. M. Zahir, Senior Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No. 6. Not represented-Respondent Nos. 3-5. Civil Petition for Leave to Appeal No. 2347 of 2010. Order ABM Khairul Hague CJ. - This petition for leave to..Category: Civil Law | Date: | Hits: 102
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