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Atiqur Rahman Mullah Vs. Abul Kalam Azad and others, 2002, 31 CLC (HCD)

.... not received by the concerned section which may be presented at the time of hearing of the application. The learned Advocate did not receive any intimation before the case was mentioned for fixing a date of hearing. The learned Advocate has expressed his sorrow for his failure to appear when the Ru......he cost to the learned Advocate for the petitioner by 15th January, 2003, in default, the application for re­hearing shall stand rejected. Ed. This Case is also Reported in: 56 DLR (2004) 373. ...... AKM Shahidul Hoq with Tania Siddiqua, Advocates-For the Opposite Parties. Civil Revision No. 2581 of 1994. Judgment Md. Abdul Wahhab Miah J.-This is an application filed by the petitioner for re‑hearing of Civil Revision No. 2581 of 1994 which was disposed of by a single Bench of this ..

Category: Property Law | Date: | Hits: 73

Razia Sultana Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....lic of Bangladesh was issued at the instance of one Mrs. Razia Sultana, calling, upon the respondents to show cause as to why the order of respondent No. 2 contained in Memo No. Liquidator/300/57/532 dated 9‑3‑1986 (Annexure‑1) should not be declared to have been made and issued without lawful......etter never reached the petitioner. In the meantime the plaint of the suit was rejected as barred by law apparently under article 23 of the President's Order No. 27 of 1972 but being aggrieved by the notice dated 9‑3-­1986 a notice demanding justice was issued on behalf of the petitioner upon the......o register the deed of sale of the said property on the strength of the deed of agreement dated 13‑11‑1964 but without any result. After liberation of Bangladesh also the petitioner renewed her efforts to get the sale deed of the property registered firstly through the firm of chartered accounta..

Category: Business or Commercial Law | Date: | Hits: 194

Virginia Tobacco Company (BD) Ltd. Vs. Registrar of Trade Marks and another, 2000, 29 CLC (HCD)

....Advocate-For the Appellant. Mohammad Ohiullah, Advocate-For the Respondents. Trade Mark Appeal No. 11 of 1989. Judgment Syed Amirul Islam J.- This appeal is against the judgment and order dated 11‑5‑1989 passed by the Registrar of Trade Marks in Rectification Case No. 26 of 1985 wher......of Bangladesh think that "Express" brand cigarettes is but another product of the respondent No. 2. It is further contended that in registering the trade mark of the appellant the Registrar failed to notice the fact that the mark "Express" was clearly non-distinctive of the product of the appellant ......label of the appellant. 2. The respondent No.2 Ardath Tobacco Company Limited filed an application under section 37 read with section 46 of the Trade Marks Act, 1940 (hereinafter called "the Act") for removal or rectification of the registered Trade Mark of the appellant on the ground that they a..

Category: Intellectual Property Law | Date: | Hits: 226

Masud Mia (Md.) Vs. State, 2003, 32 CLC (HCD)

....ppellant. SM Aminul Islam, Assistant Attorney-General-For the State. Criminal Appeal No. 1371 of 1999. Judgment Gour Gopal Saha J.- This appeal is directed against the judgment and order dated 3‑6‑1999 passed by the Nari‑o‑Shishu Nirjatan Daman Bishesh Adalat, Gaibandha in Nariâ......ation. He also stated that he did 'not seize any 'Badna'. He further stated that he did not find any mark of semen or stain of blood in the wearing apparel of the victim. He further stated he did not notice mark of violence or disturbance on the 'tong'. He did not seize any alamat from the 'tong'. H......hishu Nirjatan Case No. 51 of 1998 convicting accused-appellant Md. Masud Mia under section 6(1) of the Nari‑o‑Shishu Nirjatan Daman Ain, 1995 and sentencing him thereunder to suffer imprisonment for life. 2. Broad facts relevant for the purpose of the case are that at about 8.00 PM on 15‑4..

Category: Criminal Law | Date: | Hits: 45

Nurul Islam Babul (Md.) Vs. State, 2004, 33 CLC (HCD)

.... Ali J.- Upon an application under section 561A of the Code of Criminal Procedure Rule was issued calling upon the opposite party to show cause as to why the records of the Badda PS Case No. 27(3) 04 dated 20‑3‑2004 pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be calle......n report will consider the prayer for bail in accordance with law. With the aforesaid direction and observation the Rule is disposed of. Ed. This Case is also Reported in: 56 DLR (2004) 347. ......ing upon the opposite party to show cause as to why the records of the Badda PS Case No. 27(3) 04 dated 20‑3‑2004 pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be called for to be satisfied that the petitioner is not being illegally harassed without due process of law. ..

Category: Criminal Law | Date: | Hits: 60

Hasna Banu Vs. Bangladesh and others, 2004, 33 CLC (HCD)

....Revision No. 691 of 1997. Judgment Md. Abdur Rashid J.- The plaintiff obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against the decree dated 7‑9‑1996 passed by Additional District Judge at Manikganj in Title Appeal No. 50 of 1993 r...... 4. The suit land was then recorded first in the name of Chan Miah in RS Khatian and then as khas in the name of the government. Defendant No. 2 Additional Divisional Commissioner (Revenue) served a notice dated 30‑12‑1990 upon the husband of the plaintiff asking him to vacate the land by 30‑...... 1993 reversing that dated 14‑3‑1993 passed by Subordinate Judge at Manikganj in Title Suit No. 1 of 1991 and dismissing the suit. 2. On 30‑1‑1991 the plaintiff instituted the Suit in the aforesaid Court of Subordinate Judge at Manikganj for declaration of her title in 2 decimals of land ..

Category: Property Law | Date: | Hits: 76

Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)

....Road No. 5, Dhanmondi Residential Area, they were arrested by the Dhanmondi Police under section 54 of the Code of Criminal Procedure, shortly the Code, in connection with DB Office GD Entry No. 1356 dated 26‑2‑2002 along with other activists of Bangladesh Chattra League. The detenus were forwar......tive, whether a police officer can use section 54 of the Code for collateral purposes of detention and some other purposes as has been done in the present case. 10. Recently, in many cases we have noticed that the law-enforcing agency after making arrest of a person under section 54 of the Code p...... 1972 SC 711; SK Dey Vs. Officer-in-charge Sukchi PS, AIR 1974 SC 871; Natobar Parida and others Vs. State of Urishaw, AIR 1975 SC 1465; State of MP Vs. Mobarak Ali, AIR 1959 SC 707; Directorate of Enforcement Vs. Deepak Mahajan, AIR 1994 SC 1775 and Abhinandan Jha Vs. Dinesh Mishra, AIR 1968 SC 117..

Category: Criminal Law | Date: | Hits: 70

Mahbubur Rahman Vs. Syed Mostofa Jaman and others, 2002, 31 CLC (HCD)

.... Opposite Parties. Civil Revision No. 1180 of 1999. Judgment Bijan Kumar Das J.- By this Rule the opposite party No.1 was called upon to show cause as to why the impugned order dated 11‑3‑1999 passed by the Election Tribunal, Gaibandha Sadar in Election Case No.3 of 1998 s...... stay of all further proceedings of Election Case No. 3 of 1998 now pending in the Election Tribunal. Gaibandha Sadar is vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 322. ...... Case Referred to- Mohmud Hussain Vs. Md. Sayeb Ali and others 1989 BLD 173 = 41 DLR 44. Lawyers Involved: AM Emdadul Haque Azad, Advocate-For the Petitioner. M Ashruf Ali for Farhad Ahmed, Advocate-For the Opposite Parties. Civil Revision No. 1180 of 1999. ..

Category: Election Law | Date: | Hits: 79

Harun‑or‑Rashid Vs. State, 2003, 32 CLC (HCD)

....Appeal No. 3105 of 2003. Judgment Md. Abdul Quddus J.- This Criminal Appeal No. 3105 of 2003 under section 28 of the Nari‑o‑Shishu Nirjatan Daman Ain, 2000 is directed against order dated 26‑7‑2003 rejecting prayer for bail of accused‑appellant Harun‑or‑Rashid @ Harun in ...... time as directed by the High Court Division so, due to above various reasons trial of the case had to be adjourned. 20. Above direction of the High Court Division was within the knowledge and notices of all concerned including presiding Judge, public prosecutor and defence lawyer, all of who......ent Md. Abdul Quddus J.- This Criminal Appeal No. 3105 of 2003 under section 28 of the Nari‑o‑Shishu Nirjatan Daman Ain, 2000 is directed against order dated 26‑7‑2003 rejecting prayer for bail of accused‑appellant Harun‑or‑Rashid @ Harun in Nari‑o‑Shishu Case No. 639/02 by ..

Category: Criminal Law | Date: | Hits: 72

Nizam Khan (Md) Vs. State and another, 2003, 32 CLC (HCD)

....issued cheque towards payment of the outstanding money. Subsequently the accused­ Petitioner took back some cheques on payment of money. The accused‑petitioner thereafter issued Cheque No. 0721632 dated 14‑6‑1999 for an amount of Taka 1,50,000, Cheque No. 0721633 dated 28‑6‑1999 for an am......he outstanding price of the cloths. All these cheques 6 in number were dishonoured when those were presented before the bank for encashment. After dishonour of the cheques he brought this fact to the notice of the accused-petitioner who made dilatory tactics in making payment of the money. Finding n......ause as to why the proceeding of CR No. 5149 of 1999 under sections 406/420 of the Penal Code pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule is that the opposite party No.2 as complainant filed a peti..

Category: Criminal Law | Date: | Hits: 38

Abdus Samad and others Vs. Md. Gafur and others, 2003, 32 CLC (HCD)

....rder rejecting the same holding, inter alia, that the said application was tiled at a belated stage since recording evidence on behalf of the plaintiff has been closed. 6. The said order No.30 dated 7‑8‑2000, so far as it relates to return of the plaint is concerned, is in challenge befor......spose of the Suit With utmost expedition. Send down a copy of this judgment to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 297. ......ting the plaintiff ­opposite‑parties to show cause why the order No. 7­8‑2000 passed by the Assistant Judge, Additional Court No. 1, Dhaka in Title Suit No. 146 of 2000 rejecting an application for return of the plaint should not be set aside and/or pass such other or further order or orders a..

Category: Civil Law | Date: | Hits: 114

Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)

....t. 5. For commission of crime law was set on roll by prosecutrix on lodgment of First Information Report with Chandina. Police Station leading to registration of Chandina Police Station Case No. 5 dated 16‑7‑1992 under section 376 of the Penal Code read with section 4(c) of the Cruelty to Wom......he, also, denied defence suggestion that she passed night with one Dipak or that she had illicit connection with him and accused‑appellant Shibu Pada did not commit rape upon her. [Special Tribunal noticed that Prosecutrix PW1 was crying in court when she denied defence indecent suggestions.] ......Involved: Shamsuddin Babul with JBM Hassan, Advocates­-For the Appellant. Md Abdul Baset, Assistant Attorney-General-For the State-Respondent. Farida Khan with Masuda Rehana Begum-For the Informant-Added-Respondent. Criminal Appeal No. 1687 of 1996. Judgment AK Badrul Huq J.- Crim..

Category: Criminal Law | Date: | Hits: 64

Abu Talukder Vs. State, 1999, 28 CLC (HCD)

.... Vs. State ………………Respondent Judgment January 6, 1999. Criminal Jail Appeal No. 1464 of 1991. Judgment Gour Gopal Saha J. - This appeal in directed against the judgment dated 5-6-91 passed by the Sessions Judge, Jhalakati in Sessions Case No.20 of 1990 (arising out of ......ed Sessions Judge could convict the accused appellant under section 34 of the Penal Code without framing any charge against him thereunder and without bringing the new accusation to his knowledge and notice for facing the new charge. It is thus evident that the accused appellant has been seriously p......by the Sessions Judge, Jhalakati in Sessions Case No.20 of 1990 (arising out of GR Case No. 17 of 1987) convicting the accused appellant under sections 302/34 of the Penal Code to suffer imprisonment for life and to pay a fine of Taka 3000.00, in default, to suffer RI for a further period of six mon..

Category: Criminal Law | Date: | Hits: 52

Abarak Ali Vs. Shefaul Karim, Assistant Commissioner, (Land) Jagannathpur, District Sunamganj, 1998, 27 CLC (HCD)

....li, who are wage-earners, purchased 4.00 acres of land appertaining to SS Plot No. 16, 316, 367, 368 and 370 of Khatian No. 20/2 from one Nirmala Chowdhury and Sundip Chowdhury by a registered kabala dated 30-7-1970 and since such purchase they are holding and possessing the said land. It has been a......on of the proceedings of Miscellaneous (Eviction) Case No. 67/93-94 of the Office of the Assistant Commissioner, Land, Jagannathpur, District Sunamganj (respondent No. 2) and issuance of the impugned notice as contained in Annexure ‘D’ to the petition should not be declared to have been made wit...... since the petitioner and his brother were residing in the United Kingdom they could not mutate their names in the revenue records earlier and subsequently they mutated their names in respect of the aforesaid purchased land in Mutation Case No. 1518 of 1990 in the Office of the Assistant Commissione..

Category: Property Law | Date: | Hits: 172

Chitta Ranjan Das @ Chitta Ranjan Sinha Vs. Shashi Mohan Das and another, 2004, 33 CLC (HCD)

....unamganj alleging that he and his brother Hari Mohan were owners of the land in plot No. 1914 appertaining to Khatian No.70. But the accused Chitta Ranjan Sinha created a forged deed bearing No. 8258 dated 18-10‑1960 in which his father was shown purchaser of the property and the complaint's fathe......s is an old pending case, the learned Senior Special Judge, Sunamganj is directed to make disposal of the case expeditiously. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 276. ......rt of Senior Special Judge, Sunamganj alleging that he and his brother Hari Mohan were owners of the land in plot No. 1914 appertaining to Khatian No.70. But the accused Chitta Ranjan Sinha created a forged deed bearing No. 8258 dated 18-10‑1960 in which his father was shown purchaser of the prope..

Category: Criminal Law | Date: | Hits: 42

Saiduzzaman (Md) (Mithu) and another Vs. Munira Mostafa and another, 2004, 33 CLC (HCD)

....omplainant from the house of the accused‑persons. 3. On the basis of the aforesaid allegations, the Metropolitan Magistrate, Dhaka, issued a notice upon the accused‑petitioner by his order dated 10‑9­-2001 to show cause as to why search warrant under section 98 of the Code of Criminal ......used to reside. Due to subsequent dispute over the demand of a car, the husband accused‑petitioner inflicted physical torture on the complainant and ultimately, on 24‑2‑2001, the husband sent a notice of Talak to his wife. As the accused divorced the complainant, he was not entitled to keep be...... search warrant under section 98 of the Code of Criminal Procedure to recover the above mentioned belongings of the complainant from the house of the accused‑persons. 3. On the basis of the aforesaid allegations, the Metropolitan Magistrate, Dhaka, issued a notice upon the accused‑petitio..

Category: Criminal Law | Date: | Hits: 49

Sultan Mahmud Chowdhury Vs. Secretary, Ministry of Public Works and Urban Development & others, 2004, 33 CLC (HCD)

....the Appellant. JH Afric, Advocate-For Respondent No. 7. Appeal From Original Decree No. 502 of 2001. Judgment Md. Abdur Rashid J.- Plaintiff presented the above appeal against the decree dated 12‑3‑2001 passed by the Subordinate Judge and Arbitration Court at Dhaka in Title Suit No.......t fund. He applied to the Janata Bank for land and the Bank sanctioned a loan of Taka 11,00,000. But the amount of loan was not sufficient. So, he did not withdraw any money. 5. Suddenly, he got a notice dated 11‑9‑1993 from the office of defendant No.4 asking him to show cause within 7 days ......appeal against the decree dated 12‑3‑2001 passed by the Subordinate Judge and Arbitration Court at Dhaka in Title Suit No. 3 of 2000, which dismissed the suit. 2. Plaintiff instituted the suit for a decree of declaration that memo dated 12‑10‑1994 canceling lease and that dated 29‑10‑..

Category: Property Law | Date: | Hits: 73

Monju Mia and others Vs. Shiraj Mia and others, 2002, 31 CLC (HCD)

....o. 3864 of 1999. Judgment Md. Abdur Rashid J.- Heirs of defendant No.1 obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against an order dated 13‑7‑1999 passed by the Subordinate Judge and Artha Rin Adalat (In-charge) at Sylhet in Ti......e of the Rule on 10‑11‑1999 is hereby recalled and vacated. The learned Subordinate Judge is directed. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 264. ......1) of the Code of Civil Procedure against an order dated 13‑7‑1999 passed by the Subordinate Judge and Artha Rin Adalat (In-charge) at Sylhet in Title Suit No. 46 of 1998, which rejected a prayer for an expert opinion. 2. Short facts for disposal of the Rule are that on 25‑9‑1991 opposite..

Category: Property Law | Date: | Hits: 61

Pak Eastern Industries Ltd. Vs. DC, Dhaka and another, 2004, 33 CLC (HCD)

....2. First Miscellaneous Appeal No. 229 of 2003 and Cross Appeal No. 294 of 2003. Judgment Md. Abdur Rashid J.- This owner of the acquired land presented the appeal against judgment and order dated 15‑1‑2003 passed by Joint District Judge and Arbitrator at Dhaka in Arbitration Case No. 2......acres of land. 4. In the application, it was stated that the appellant company had seven industrial units on said land and 300/400 people were Working there. In special LA Case No. 8 of 1964‑65, notice under section 93A of the Town Improvement Act, 1953 (Act XIII of 1953) was though shown to ha......resented a cross-appeal from same order. 3. On or about 29‑11‑2000, the owner made an application under section 7(aaa) of the (Emergency) Requisition of Property Act, 1948 (Act XIII of 1948) before the arbitrator for compensation of Taka 179,16,50,000 for acquisition of 11.575 acres of land. ..

Category: Property Law | Date: | Hits: 77

Tofail Ahmed alias Joseph Vs. State, 2004, 33 CLC (HCD)

....Judgment Zinat Ara J.- On an application under section 439 of the Code of Criminal Procedure this Rule was issued calling upon the Deputy Commissioner, Dhaka to show cause as to why order No. 113 dated 15‑9‑2003 and order No. 120 dated 2‑11‑2003 passed by the Druto Bichar Tribunal No.4, ......esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ......5 of 2003 should not be set aside. 2. By order dated 15‑9‑2003 the learned Judge of the Druto Bichar Tribunal had entertained an application under section 540 of the Code of Criminal Procedure for examination of witnesses named Jahanara Parveen (a Magistrate) and Dr Rehana Khan (a Physician)...

Category: Criminal Law | Date: | Hits: 60