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Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)
....set at liberty at once, if not required in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 513. ......on Case No.69(6)94 on being treated as First Information Report. He drew his last breath during course of cross-examination without drawing an end to cross examination. He could not be cross-examined fully and his cross-examination remained incomplete. P.W.2 Anjumanara Rashid was the mother of decea......or offence punishable under sections 302/109/201 of Penal Code. 12. Filtering out unnecessary details, life blood of prosecution case unfurled during Trial may be conveniently focused: Marriage had been solemnised between Mahbubuddin and Nilufar in the year 1978. Mahbubuddin was an Enginee..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
Abdul Momen Chowdhury and others Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....respondent No.1 is directed to provide necessary logistic support for the purpose to the respondent No.2. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 9. ......ot;. In any narrow and pedantic sense "The Courts must, therefore, lean in favour of a construction which would render the right conferred by the Constitution effective and operative in its fullest amplitude rather than the one which would make it nugatory. It is also important to remem&sh......respondent No.1 is directed to provide necessary logistic support for the purpose to the respondent No.2. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 9. ..Category: Election Law | Date: 24 May, 2005 | Hits: 11
....ions. The Registrar of this Court is
also directed to circulate this order through National Dailies and all Electronic
Media.
Ed.
This Case
is also Reported in: 15 BLT (HCD) (2007) 66.
......f Justice to obstruct him from entering the Court and they are giving
out that they will paralyze the entire Court if there demand of removing the
judge is not accepted by the chief Justice knowing full that a sitting judge
can alone be removed and his capacity or conduct can be enquire into only...... his certificate is suspended and when the
cancellation was challenged before this Court and the matter is sub-judice they
convened a meeting of the Bar Council with such sub-judice matter, in the
agenda. A group of lawyers entered the Court room of the judge and tried to
obstruct him in the adm..
Category: Others | Date: 23 May, 2005 | Hits: 13
New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)
....de Mark No.66879 in Class-29 be sent to the Respondent No.2 Registrar, Department of Patents, Designs and Trade Marks forthwith. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ......e Mark remaining in the Register. It is claimed in this context that in any case Bonlac Foods Limited, in a letter dated 14.8.2000 (Annexure-II to the Affidavit-in-Opposition) "approved" or fully consented to the registration of the impugned Trade Mark by the Opposite Party No.1. It is fur......r is the successor-in-interest of Unilac Australia Pty Ltd. and Bonlac Foods Limited (hereinafter collectively referred to as the "Predecessors-in-interest of the Petitioner") who, being engaged in the business of manufacturing, importing and marketing of powder milk, butter oil, condensed..Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187
Sheikh Abdul Quddus Vs. Akram Sheikh @ Akram and others, 2005, 34 CLC (HCD)
....ate of receipt of this order to serve out their remaining portion of sentence imposed upon them. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (HCD)(2005) 650. ......lly acquitted the opposite party Nos.1 and 2. 15. Mr. MU Ahmed, the learned Assistant Attorney-General supports the revisional application contending, inter alia, that the prosecution has successfully proved the case; that the accused persons committed offence under sections 323/325 of the Pena......nt posted at Jessore General Hospital. On 4‑3‑1993 he was posted in Kushtia General Hospital in the same post. He further deposed that on that day at about 12‑00 he examined Sheikh Abdur Rashid aged about 65 years and found following injuries: 1. One tender swelling at right forearm, ..Category: Evidence Law | Date: 16 May, 2005 | Hits: 4
Debobrota Baiddya @ Debu Vs. State, 2005, 34 CLC (HCD)
.... will be punished with penalty mentioned is sub-section (1). 13. It may also be mentioned that section 5 speaks of penalty for trafficking in women and provides that if any person imports, exports woman for prostitution or with any intent to use her for any unlawful or immoral purpose, buys or se......the son of the informant had gone thereafter the accused could not make any satisfactory reply. The informant also wanted to know about his son from the parents of the accused repeatedly but unsuccessfully. The informant's belief is that accused appellant taking the victim out on the pretext for goi......on 3-11-2002, one Chitta Ranjan Roy Karmaker as informant lodged a First Information Report with Gopalganj Police Station implicating the accused appellant alleging that his son Chinmoy Roy Karmaker, aged about 14 years, was a student of Class IX of local SM Model Government High School Science Sect..Category: Women and Children | Date: 9 May, 2005 | Hits: 84
Afzalul Haque (Md.) and others Vs. Md. Abdur Razzaque, 2005, 34 CLC (HCD)
....landlord petitioners. Send down the lower Court's record with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 185. ......determined and the suit proceeded to Judgment, it is not necessary to frame that issue and send the case on remand for retrial, but appellate Court can pronounce the Judgment as both the parties were fully aware of the matter and neither had been taken by surprise or suffered any prejudice so far as......intiffs as security money at the time of signing of the agreement, which was taken back by the defendant thereafter from the plaintiffs. Subsequently, the rent was enhanced and the defendant at one stage from the month of July, 1984 started depositing the rent in the Court of Rent Controller through..Category: Tenancy Law | Date: 4 May, 2005 | Hits: 25
M Moinul Khan Vs. State, 2005, 34 CLC (HCD)
....on 20 provides for trial in camera on the prayer of any of the parties or if the Tribunal deems fit. Sub-section (8) of section 20 as amended by Act No. 30 of 2003 provides that for safe custody of a woman or child, while passing an order, the Tribunal would receive and consider his/her opinion keep......ection (1 Kha) of section 27 of the aforesaid Ain, 2000. Communicate a copy of the judgment and the order expeditiously to the Court below. Ed. This Case is also Reported in: 58 DLR (2006) 253. ......nter alia, that his sister Mst Parul Khanum, student of Sylhet Government College, was married to accused No. 1 Syed Ahmed (Shipu) on 28-1-2000 and the dower was fixed at Taka 5 lac. Before the marriage accused No.1 and others demanded Taka 5 lac as dowry and threatened to call off the marriage if ..Category: Women and Children | Date: 3 May, 2005 | Hits: 98
Sohel Rana (Md.) Sohel Rana (Md.) Vs. State, 2005, 34 CLC (HCD)
....or information and necessary action. Send down the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ...... conviction and sentence is liable to be set aside with acquittal of the jail appellant on allowing the appeal. 9. Ms Fara Mahmuda, the learned Assistant Attorney-General, on the other hand, has fully supported the impugned judgment and order of conviction and sentence. She has submitted that a......t many allurements. He consoled her by saying that he would marry her and would take her to his house. By placing reliance on his words she began to dream of becoming his wife in future. Taking advantage of her weakness he used to make physical contacts with her frequently. As a result she became pr..Category: Criminal Law, Women and Children | Date: 19 Apr, 2005 | Hits: 1
Bangladesh rep. by Sec., Ministry of Works Vs. Mojibur Rahman and others, 2005, 34 CLC (AD)
.... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ......ted 22-2-1994 passed in FA No. 107 of 1989 by a Division Bench of the High Court Division decreeing the suit. 2. The case of the plaintiff Mojibur Rahman and others was that his full brother proforma defendant No. 9 Syed Mahbubur Rahman was the owner of the suit property by vir...... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ..Category: Property Law | Date: 27 Mar, 2005 | Hits: 101
.... to disclose their sources of information is disposed of as no finding is necessary in this case.
Ed.
This Case is also Reported in: 57 DLR (2005) 670.
......the Chief Court nor before us was cited any authority or opinion that where proceedings in contempt are initiated against a person who has scandalized a Judge of a Superior Court, truth can be successfully set up as a defence. The whole principle of the Law of Contempt is against any such defence, a......e Vs. Chief Editor Manabjamin and others; State Vs. Brahma Prakash, AIR 1950 All 556 (FB); AIR 1952 (SC) 152; AIR 1953 SC 195; 45 IC, 338, AIR 1927 (Lah); In re An Advocate of Allahabad, AIR 1935 at page 1; Andrepaul Trence Ambard Vs. State Attorney-General of Trinidad and Tobago, AIR 1936 Privy Cou..
Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7
Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)
....p;……………….. (2) A person shall be disqualified for election as, or for being, a chairman or an elected commissioner, or for nomination as a woman commissioner, if-........................................ 13. The persistent cla...... discovered and established. We find respondent No.7 practiced fraud upon the statute in order to participate in the election and respondent No.7 did it consciously, not unconsciously. It lawfully presumed respondent No.7 did if having knowledge of his bank loan defaulter. We find from hi......Court and that at the time of submission of the nomination paper, the writ-petitioner verbally raised objection against the candidature of writ-respondent No.7 but the writ-respondent No.7 managed the local authority to get his nomination paper accepted and that the matter was brought to th..Category: Election Law | Date: 15 Mar, 2005 | Hits: 168
M/s. Shanker Kumar Das Vs. Government of Bangladesh and 6 others, 2005, 34 CLC (HCD)
....e date of receipt of the copy of this judgment. 17. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 185. ......erned. 15. The above noted memos issued by the concerned officials of the Roads and Highways Division, show that the sub-project No.26 had been duly completed and the contractor is entitled to the full amount against the said sub-project. The learned Assistant Attorney General also could not find......e date of receipt of the copy of this judgment. 17. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 185. ..Category: Civil Law | Date: 23 Feb, 2005 | Hits: 31
SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267. ......time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267. ......he original owner, the same was included in the list of enemy property in the Tejgaon Police Station VP Case No.566 of 1969 at the behest of certain interested quarters. For proper utilization and management including power to sell off the land, Mrs. Rozario executed and registered a general power o..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Afzal Molla (Md.) Vs. Government of Bangladesh & others, 2005, 34 CLC (HCD)
....e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586. ......e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586. ......ph 6 of the application. Delay has been explained therein stating that after disposal of the appeal the old and sick petitioner has been suffering from various diseases, he later paid money to the engaged clerk of his learned Advocate for obtaining certified copy and for filing Civil Revision includ..Category: Limitation Law | Date: 10 Jan, 2005 | Hits: 6
Badar Biswas & others Vs. State, 2005, 34 CLC (HCD)
....imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770. ...... withdrawal. It is also specifically stated that accused-petitioners are closely related to Saifur Rahman, Ex-President of Bangladesh Nationalist Party, Gopalgonj Unit, accused-petitioner No.5 is the full maternal uncle of said Saifur Rahman and rest are (মামাতো ভাই) of said politi......Bangladesh Nationalist Party, Gopalgonj Unit, accused-petitioner No.5 is the full maternal uncle of said Saifur Rahman and rest are (মামাতো ভাই) of said political leader and they managed to obtain said letter of withdrawal and that grounds taken in the revisional application are mi..Category: Criminal Law | Date: 9 Jan, 2005 | Hits: 37
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
....est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ......defendant No. 1 had executed and registered two sale deeds dated September 3, 1981 and September 4, 1981 purporting to transfer the self‑same property in favour of the defendant No. 2 who had full knowledge of the agreement with the plaintiffs and that the transfer was collusively made beyo...... plaintiff Nos. 1 and 2, and the DW 2 (defendant No. 2) are close to each other and from the evidence of DW 2 it appears that he is considered by the PW 1 a reliable and dependable person in the management of different matters of the PW 1. It is the definite case of the plaintiffs that defendant ..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
.... section itself, which could persuade us to cut down the connotation of "person" in this section to a "natural person" alone. It is significant the terms "man" and "woman" have also been defined in section 10 of the Code and if the legislature intended section......xtraordinary power given to the High Court, which is called inherent jurisdiction of the High Court and since this power is extraordinary in nature and discretionary, it should be used sparingly, carefully and with utmost caution. Principally this extraordinary jurisdiction of the High Court is attr......and by Memo dated 17‑5‑1999, this Consociates Ltd. was appointed as consultant. On 30‑5‑1999 a meeting was convened but the said meeting was not held as other members of the meeting, being engaged in different government works, could not attend. Thereafter, Consociates Ltd. on 17‑6‑1999 ..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
Civil Engineering Co Vs. Mahkota Technology SDN BHD and others, 2004, 33 CLC (HCD)
.... the Ministry of Law and Parliamentary Affairs for necessary correction of the English text of the Arbitration Act, 2001. Ed. This Case is also Reported in: 57 DLR (2005) 734. ...... TURNKEY CONTRACTS NO 30500/4 230/132 KV SUBSTATION EQUIPMENT INCLUDING CIVIL WORKS VOLUME 2 OF 3 SECTION 12 & 13 BUILDING AND CIVIL ENGINEERING WORKS AT RAMPURA. Whose scope of work includes the full TurnKey of the Construction of a new 230 KV/132 KV Grid Substation at Rampura.” And parag...... read together the intention of the legislature becomes clearer that once the parties to a contra6t agreed to settle their disputes that may arise out of execution of the contract, they must be encouraged and directed to follow the procedure what they agreed to, and the Court shall not proceed with ..Category: Arbitration Law | Date: 10 Nov, 2004 | Hits: 12
Firoz Chokder Vs. State, 2004, 33 CLC (HCD)
....oksedpur District-Gopalgonj be set at liberty if not wanted in any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 85. ......oksedpur District-Gopalgonj be set at liberty if not wanted in any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 85. ......tor and P.W.8 is the investigating officer P.W.7 the doctor while depositing before the Court has placed the certificate wherein it has been written "We are of opinion that the victim Nasrin Akter age About 16/17 years and there was no sign of rape at the time of examination of the person of the..Category: Women and Children | Date: 27 Oct, 2004 | Hits: 7
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