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Abdul Mannan Miah Vs. Md. Salaiman Miah, 2000, 29 CLC (HCD)
....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.......is the continuation of the said proceeding of injunction and so this court while deciding this appeal will not take into consideration the registration granted on 17-10-2000. Mr. Ahmed relying on the decision reported in 48 DLR 228, 50 DLR 548, 1987 BLD (AD)130, PLD 1973 Karachi 289, PLD 1983 Karach..Category: Intellectual Property Law | Date: | Hits: 200
Abul Member and Abul Hussain Vs. Secretary, Ministry of Home Affairs and others, 2002, 31 CLC (HCD)
....tention order of the detenu is illegal and, as such, the Rule is liable to be discharged. Accordingly, the Rule is liable to be discharged. Ed. This Case is also Reported in: 54 DLR (2002)392.......said to be illegal in view of the facts and circumstances of the present case and in the backdrop of law and order situation prevailing in the country and in coming to this finding we relied upon the decision reported in 45 DLR (AD) 89. 8. The learned Counsel for the petitioner contends that the ..Category: Criminal Law | Date: | Hits: 22
Category: Employment/Service Law | Date: | Hits: 133
Uttara Bank Ltd. Vs. Ali and Co. and another, 2000, 29 CLC (HCD)
....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.......h two appeals being FA No. 304 of 1997 and FA No. 148 of 1999. 12. Mr. Mukunda Chandra Debnath, the learned Advocate appearing on behalf of the plaintiff-appellant bank submits that in view of the decision in the case of Sultana Jute Mills Limited and others Vs. Agrani Bank Limited and others rep..Category: Civil Law | Date: | Hits: 101
Zakir Hossain and another Vs. State, 2002, 31 CLC (HCD)
.... and sentence dated 20‑1‑92 by trial Court against appellants Zakir Hossain and Suruj Miah be accordingly upheld. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 137....... prosecution story. Sole and only evidence was of PW 1 informant Muslim. He contended that reliance on the sole evidence of PW 1 alone without any other corroboration will be unsafe and risky to have decision against the convict-appellant, particularly when first information report by PW 1 and evide..Category: Criminal Law | Date: | Hits: 34
Zakir Hossain Munshi Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....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. ....... 2‑5 who are officers of the Bangladesh Diabetic Association." 13. In the case of Shahabuddin Vs. Bangladesh, 45 DLR 360, petitioner Shahabuddin, General Secretary, Nabarun Sangsad impugned the decision of one Syed Alamgir Faruk Chowdhury as Arbitration Tribunal. It was held that "since these ..Category: Information Technology Law | Date: | Hits: 217
Hajee Abul Hossain and others Vs. Md. Amjad Hossain and others, 2010, 39 CLC (AD)
....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.......revious judgment are quite" sufficient to prove it. An amicable partition like this between brothers-co-sharers need not be effected by a registered instrument, as Mr. Pal has rightly referred to the decision in the case of Nani Bai Vs. Gita Bai, AIR 1958 SC 70." 14. In Joynul Abedin (44 DLR (AD)..Category: Property Law | Date: | Hits: 36
Azim vs. Naim Ara Begum, 2003, 32 CLC (HCD)
.... 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. ......finding that he had already become a defaulter in making payment of rent. So, it is submitted that there is no ground to assail the impugned judgment in this respect. He submits further that the case decision of AIR 1946 Allahabad is not at all applicable in the present case. Because the defendant a..Category: Property Law | Date: | Hits: 28
Abdur Rashid Mia (Md) Vs. Md. Hasem Ali Mia & others, 2003, 32 CLC (HCD)
....assed by learned Assistant Judge, Basail, Tangail, in Miscellaneous Case No. 6 of 1996 is hereby restored. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 155. ......ledge of the pre‑emptor about the transfer of the land, the contention that the application is barred by limitation is untenable in law. 16. Under the facts and circumstances of the case and the decisions discussed above the appellate Court has misread and misconstrued the evidences on record a..Category: Property Law | Date: | Hits: 39
Nasir Howlader Vs. State, 2004, 33 CLC (HCD)
.... Judge, Bagerhat is hereby affirmed. Let a copy of this judgment along with lower court's record be sent to the concerned court at once. Ed. This Case is also Reported in: 56 DLR (2004) 151. ......tion of non‑existence of the facts and circumstances of the case the examination of the investigating officer is not fatal to the prosecution. To have this view their Lordships have relied upon the decision of the case Abdus Sobhan vs. State reported in 45 DLR (AD) 134 where it has also clearly be..Category: Criminal Law | Date: | Hits: 30
Nurujjaman and others (Md) Vs. Md. Sajjad Ali and others, 2002, 31 CLC (HCD)
.... Subordinate Judge is directed to hear and dispose of both the suits together, expeditiously, in accordance with law. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 149.......bstantially in issue in the previous suit and the teamed Subordinate Judge erred in law in rejecting the prayer for stay, which has resulted in failure of justice. 7. In support he relies upon the decision of a Single Bench in the case of Altaf Hossain vs. Abbas Ali and another, 45 DLR 374 where ..Category: Procedural Law | Date: | Hits: 65
Abdul Motaleb & others Vs. Aftab Miah and another, 2002, 31 CLC (HCD)
.... appellants, as there was no occasion to do so in the absence of any TM 55. Therefore, we find no substance in the appeal which must fail. Ed. This Case is also Reported in: 56 DLR (2004) 145.......mal Hossain with Gazi Md. Neamat Hossain and Ramjaz Ali Sikder, advocates-For the respondents. Trade Mark Appeal No. 40 of 2001. Judgment Syed Amirul Islam J.- This appeal is from order and decision dated 1‑4‑2001 passed by the Registrar of Trade Marks, rejecting the Opposition Case No..Category: Intellectual Property Law | Date: | Hits: 181
Abul Kashem and others Vs. State, 2003, 32 CLC (HCD)
....thwith. Convict appellant Anwar Hossain Pintu alias Anwar Hossain may therefore; be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 132.......easonable doubt. The convict appellant and the condemned prisoner are entitled to the benefit of doubt and they are therefore, entitled to be set free. In this connection reference may be made to the decision in the case of Muslimuddin & others vs. State reported in 38 DLR (AD) 311. 35. It may be..Category: Criminal Law | Date: | Hits: 39
State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)
....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.......unded judgment recorded by learned Sessions Judge in awarding conviction for offence of sections 302/34 of the Penal Code. 44. On authorities placed from the Bar it is conveniently observed that a decision is only an authority for what it actually decides. It cannot be quoted for a proposition th..Category: Criminal Law | Date: | Hits: 31
Serajul Islam Bhuiyan (Md) Vs. Bangladesh Water Development Board & others, 2003, 32 CLC (HCD)
....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.......uestioned. It was further stated that the authority is not absolutely bound by the Rules 1997 because the Rules are Administrative instructions laying down general guidelines regarding Administrative decision to be made by the authority and that the impugned order dated 26‑11‑2002 is not a trans..Category: Employment/Service Law | Date: | Hits: 77
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....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.......eal No. 504 of 2002 before the Appellate Division of the Supreme Court which was heard along with Civil Petition for Leave to Appeal Nos. 510, 516, 517, 636 of 2002. The Appellate Division upheld the decision of the High Court Division. Soon after the disposal of the review petitions by the Appellat..Category: Information Technology Law | Date: | Hits: 230
Salauddin Jamil Vs. Amjad Ali Khan and another, 2004, 33 CLC (HCD)
.... 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. ......ards of the arbitrators along with his award and the petitioner also could not obtain copies of the awards of the arbitrators Consequently, he could not file the objection in time. 7. By impugned decision, the Court rejected the objection as time barred and fixed 8‑1‑2001 for ex parte hearin..Category: Alternative Dispute Resolution | Date: | Hits: 161
Arif Iftekhar Ali and others Vs. Sekandar Ali Hawlader, 2002, 31 CLC (HCD)
....lled and vacated, learned Joint District Judge is directed to proceed expeditiously with the proceedings pending before him. Communicate. Ed. This Case is also Reported in: 56 DLR (2004) 82. ......any notice upon he defendants and behind their back. He submits that under Order XXXIX rule 8 of the Code no such order for inspection can be passed without a notice upon the defendants. He cites the decision in the case of Mohammed Mobarak Hossain vs. Md Mostafa Hossain, 1987 BLD (AD) 263 = 40 DLR ..Category: Property Law | Date: | Hits: 26
Jalal Uddin and others Vs. State, 2003, 32 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 69.......of the prosecution witnesses, impugned judgment and other material papers/documents as available in paper-book and submits that this is a case of no evidence, but the learned trial Court arrived at a decision on guess and surmise. He then submits that the cause of death of the deceased has not been ..Category: Criminal Law | Date: | Hits: 28
Dulal Mia (Md) Vs. State, 2003, 32 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 65.......of the prosecution witnesses, impugned judgment and other material papers/documents as available in paper-book and submits that this is a case of no evidence, but the learned trial Court arrived at a decision on guess and sun‑rise. He further submits that the learned trial Court failed to consider..Category: Criminal Law | Date: | Hits: 88