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Noorjahan Ahmed and others Vs. Tarifuddin Ahmed, 2003, 32 CLC (HCD)
....to the plaintiffs and defendant had no possession therein. The relevant evidence for the purpose of disposing of this appeal is of DW 7. DW 5 is Isar Ali Sarker. He was process server at the relevant time and he was authorised to cause service of summons of other suit No. 105 of 1983 and he served t......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)
.... out of a trifling issue, I feel that a sentence of imprisonment is, at this stage, inappropriate and would not be of any benefit to any one, in particular bearing in mind that the accused is a first time offender and the injury was caused in the course of an altercation. It is unlikely that the pet......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
....in the year, 1986. The registered office of the said Trade Union is 105, Kazi Nazrul Islam Avenue, Karwan Bazar, Commercial Area, Tejgaon, Dhaka and thereafter, he was reelected to the same post from time to time. It has been further stated that the petitioner's Trade Union was elected as Collective...... 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)
.... prayer to restrain the accused-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 petitione......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)
....ge, First Court, Dhaka claiming the suit property to have been acquired by him in the benami of his two sons defendant Nos. 1 and 2 namely, Kazi Nuruzzaman and Kazi Kamruzzaman who were minors at the time of acquisition of the property on 6-11-1973. It is further stated that the plaintiff acquiring ......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
Abdur Rashid Salam Vs. Md. Moniruzzaman, 2005, 34 CLC (HCD)
..... It may be partly preliminary and partly final". Section 96 of the Code runs as follows: "96. (1) Save where otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie from every decree passed by any Court exercising original j......o granted earlier by this court is also vacated. Send down the lower court records at once if already received by the office of this Court. Ed. This Case is also Reported in: 58 DLR (2006) 298. ..Category: Procedural Law | Date: | Hits: 90
Nabisco Biscuit and Bread Factory Ltd. Vs. Baby Food Products Ltd. and another, 2005, 34 CLC (HCD)
....ticular mark. A mark containing various features very often comes to be remembered by some feature in it. Which strikes the eye and fixes itself in the recollection? Such a feature is referred to sometimes as the distinguishing feature, sometimes as the essential feature of the mark. In cases of thi......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. ..Category: Intellectual Property Law | Date: | Hits: 386
Motleb Mondal Vs. State & others, 2005, 34 CLC (HCD)
....ng the culprits. The complainant, as a private party, then put in a complaint, giving a separate version of the incident involving some other persons as the culprits. 25. The question arose at the time of trial as to how the complaint case and the police case are to be dealt with. The High Court,......57/2000 in accordance with law and in the manner as directed in the cited decision as reported in 18 DLR SC 474. Copy is sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 282. ..Category: Criminal Law | Date: | Hits: 41
Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed and others, 2006, 35 CLC (HCD)
.... directed the defendant No. 1 to submit the basic documents on the next date fixed for hearing. 7. It is seen from the order No. 30 dated 2-3-1994 that the defendant No. 1 filed an application for time for filing documents but none was found to move the application and, as such, the prayer for ti......aside and the original suit being Miscellaneous Appeal No. 76 of 1992 be restored to its original file and number. Ed. This Case is also Reported in: 58 DLR (2006) 277, 26 BLD (HCD) (2006) 388. ..Category: Property Law | Date: | Hits: 115
Kazi Rashed Akhter Shahid (Prince) Vs. Rokshana Choudhury (Sanda), 2006, 35 CLC (HCD)
....r the purpose of bringing about reconciliation between the parties and the Arbitration council shall take all steps necessary to bring about such reconciliation. (5) If the wife be pregnant at the time talaq is pronounced, talaq shall not be effective until the period mentioned in sub-section (3)......of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 271, 26 BLD (HCD) (2006) 613. ..Category: Family Law | Date: | Hits: 184
State Vs. Harun Chowdhury, District Magistrate and Mostafa Kamal, SP Sylhet, 2005, 34 CLC (HCD)
....d by affidavits. The Contemner No. 1 Harun Chowdhury, former District Magistrate, Sylhet in his prayer for unconditional apology stated, inter alia, that the order of the Court was received by him in time and as the District Magistrate it was his duty and responsibility to comply with the Court's or......tafa Kamal, Superintendent of Police, Sylhet are exonerated from the charge of contempt of Court and they are warned to be careful in future. Ed. This Case is also Reported in: 58 DLR (2006) 267...Category: Civil Law | Date: | Hits: 1272
MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)
....ery of 2746 metric tons from the godown of the bank and that the remaining 4140 metric tons of rice, which is lying in the godown of the bank, had become unsuitable for human consumption by' lapse of time and that the petitioner and respondent No. 2 have agreed to sell out the same as livestock food......nal District Judge and Bankruptcy Court, Chittagong in Bankruptcy Case No. 6 of 2000 is declared to have been passed with lawful authority. Ed. This Case is also Reported in: 58 DLR (2006) 258. ..Category: Civil Law | Date: | Hits: 131
Md. Lokman @ Lokman Vs. State, 2010, 39 CLC (AD)
....f the witnesses under Section 161 of the Code of Criminal Procedure. Though the statements of the important witnesses were recorded immediately after the occurrence at the first instance yet at the time of filing of the police report these very important information's were found to have been ign......Rule requiring no interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 156, 8 LG (AD) (2011) 81, 31 BLD (AD) (2011) 60. ..Category: Criminal Law | Date: | Hits: 73
Dhaka Leather Complex Ltd. Vs. Sikder Construction Ltd. and another, 2009, 38 CLC (AD)
.... Section 17 empowers the Court to remit the award or any of the matters referred to arbitration for reconsideration or to set aside the award. According to Section 17 of the Arbitration Act after the time for making an application for setting aside an award has expired or such an application having ......ost. The impugned judgment and order dated 18-08-2003 passed by the High Court Division in First Appeal No. 255 of 2002 is hereby affirmed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 75...Category: Alternative Dispute Resolution | Date: | Hits: 187
Abi Abdullah (Md.) and others Vs. Government of Bangladesh, 2005, 34 CLC (HCD)
.... 1993- 94. 5. After re-appearance of the said lands in 1993-94 those were surveyed by the relevant Authority and a report was submitted stating that those lands are fit for cultivation. In the meantime, the Government had issued Act No. 15 of 1994 (The State Acquisition and Tenancy (Amendment) Ac...... petitioners are concerned. In the result, the Rule is made absolute so far as it relates to the petitioners without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 250. ..Category: Property Law | Date: | Hits: 99
Abdur Razzaque Zoarder and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....ll be fixed by the Selection Committee on the merit of the candidates and the seniority thus fixed should be taken as the seniority in the cadre provided the candidate or candidates joined within the time limit given in the appointment order and, where no such time limit is given, within 21 days fro......n light of the above, this Court finds substance in this Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 245. ..Category: Employment/Service Law | Date: | Hits: 79
Abdul Mannaf (Md.) Vs. Md. Sohrab Ali Akand & others, 2005, 34 CLC (HCD)
.... appellate Court below has rightly passed the impugned judgment and order and there is no reason that may call for interference with the same. 11. Admittedly, the pre-emption case was filed within time, the pre-emptee (Md. Abdul Mannaf) is a stranger-purchaser and the pre-emptor Md. Sohrab Ali is......th the impugned judgment and order. Accordingly, the Rule is discharged without any order as to costs. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 242. ..Category: Property Law | Date: | Hits: 91
Executive Engineer, Sylhet Public Works Department Vs. Md. Asob Ali, 2005, 34 CLC (HCD)
.... permanent injunction restraining the defendant-petitioner from selling in auction the suit materials to anyone else as attempted by the defendant-petitioner by announcing auction sale for the fourth time. The case of the plaintiffs made out in the plaint, in short, is that the plaintiff as a trader......o costs. The order of stay passed at the time of issuance of the Rule is hereby vacated. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 58 DLR (2006) 236. ..Category: Business or Commercial Law | Date: | Hits: 209
Golap Vs. Md. Abdul Hakim & others, 2002, 31 CLC (HCD)
....eceased defendant. In the case of Abdul Aziz Vs. Abani Mohan as reported in 30 DLR (SC) 221 it was held that abatement on the death of a party follow automatically unless heirs are substituted within time and no formal order of abatement is imperative although desirable. In the present case defendan......al Court is directed to proceed with the suit and the suit as against the deceased defendant No. 3 Rasullah alias Abdur Rashid stands abated. Ed. This Case is also Reported in: 58 DLR (2006) 227...Category: Procedural Law | Date: | Hits: 106
AHM Khurshed Ali & others Vs. Md. Hashem Ali and others, 2006, 35 CLC (HCD)
....stituted this full Bench in accordance with the provision of rule 4 of Chapter VII of the High Court Rules for final decision. 2. The questions as formulated by the Court referring the case at the time of hearing of the Rule are, (1) Whether the pecuniary jurisdiction of the District Judge under ...... so advised. The reference is thus disposed of a copy of this judgment may be sent to the concerned Ministries. Ed. This Case is also Reported in: 58 DLR (2006) 211, 26 BLD (HCD) (2006) 114. ..Category: Procedural Law | Date: | Hits: 90
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