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Abdul Mannan Miah Vs. Md. Salaiman Miah, 2000, 29 CLC (HCD)
....ts but the Supreme Court held that since the court was examining the correctness of the decision of trial Court on the basis of document which had been produced before the said court, it would not be proper to advert to any new document, and the Supreme Court dismissed the petition on the ground tha...... …….Respondent Judgment December 13, 2000. Cases Referred To- 48 DLR 28; 50 DLR 548; 1987 BLD (AD) 130; 28DLR 1171; Abdul Jabbar vs. Ahmed Jan PLD 1973 Karachi 289; Burneys Industrial and Commercial Co. Ltd vs. Rahman Match Works PLD 1983 Karachi 357; Flowerdale vs. Hale Electric (19......n and Registration certificate dated 7-5-95, Registration of Trade Mark No. 22202 dated 19-2-92, Registration of Copyright No. 5252 dated 7-5-95, BSTI certificate dated 18-8-99, Notice of caution and legal notice dated 20-7-99. 5. The defendant apart from fling an application under Order VII, rul..Category: Intellectual Property Law | Date: | Hits: 200
....rection upon the appellant to reinstate the respondent No.1 Md. Gholam Kibria in his post forthwith. There shall be no order as to cost.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 497.......zlul Karim CJ
Md. Abdul Matin J
Shah Abu Nayeem Mominur Rahman J
ABM Khairul Haque J
Md. Muzammel Hossain J
Surendra Kumar Sinha J
Chairman, Governing Body, Bangladesh Rifles School and College, Bangladesh Rifles Head Quarters, Peel Khana, Dhaka and others..................Appellan......that the Appeal and Arbitration Committee was quite competent to disapprove the proposed action of the School and as such the order of refusal passed by the Appeal and Arbitration Committee was quite legal. On the aforesaid findings the High Court Division made the Rule absolute with a direction to ..
Category: Employment/Service Law | Date: | Hits: 133
Zahid Hossain @ Paltu and others Vs. State, 2002, 31 CLC (HCD)
.... with Kotwali PS. Subsequently the dead bodies of Sattar, his son Mofazzal and Hakim Munshi were found in the river with hands tied up and they were buried. In cross-examination PW 10 stated that the property taken away from the boat was valued at Taka 7,000/8,000 and he does not know as to whether ......is Case is also Reported in: 55 DLR (2003) 160. ......nemies when police failed. 16. PW 4 ST Islam, Magistrate, First Class, has stated in chief that he recorded the confessional statements of accused Md. Selim (PW 3) and Tota after observing all the legal formalities marked Exhibits 2 and 3 respectively. He stated that the confessing accused made t..Category: Criminal Law | Date: | Hits: 35
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.......(2003) 156.......me. The defendants on 7‑7‑1980 did not also allow the plaintiff bank to adjust this loan amount against some other accounts maintained by the defendants. Consequently, the plaintiff bank served a legal notice demanding payment of the aforesaid amount with interest but the defendants did not care..Category: Civil Law | Date: | Hits: 101
Nadera Banu Vs. Protiva Rani Sen Gupta and others, 2003, 32 CLC (HCD)
....n the suit land. 2. Opposite party Nos. 1‑2 as plaintiffs instituted Other Class Suit No. 48 of 1991 before the 1st Court of Joint District Judge, Chittagong for declaration of title in the suit property. In course of time, the suit became ripe for peremptory hearing and the contending parties ......igh Court Division (Civil Revisional Jurisdiction) Present: Gour Gopal Saha J Sheikh Rezowan Ali J Nadera Banu………………………petitioner Vs. Protiva Rani Sen Gupta and others…………Opposite Parties Judgment January 6, 2003. Cases Referred To- Kaz...... bearing on the subject and passed the impugned order on sound reasons. The impugned order is found to be well-reasoned and well-supported by the materials on record. We, therefore, do not find any illegality or legal infirmity in the impugned order occasioning failure of justice so as to justify in..Category: Property Law | Date: | Hits: 31
Zakir Hossain and another Vs. State, 2002, 31 CLC (HCD)
....he appellants submits that occurrence as per first information report took place at 4‑00 PM on 28‑9‑89 but first information report was lodged at 12 hours on 29‑9-89 and above delay was not properly explained by prosecution although thana was only 12 miles off from the place of occurrence ...... Ed. This Case is also Reported in: 55 DLR (2003) 137.......examined by the defence. PW 6 Mr. Anil Kumar Chakraborty, Upazila Magistrate, Matlab, who stated and proved that he recorded the statement under section 164 Cr.P.C. of accused Zakir Hossain observing legal formalities. The said statement was marked Exhibit 2 and his signatures on the same were marke..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. ........Petitioner Vs. Government of the People's Republic of Bangladesh…………………Respondent Judgment July 16, 2002. Cases Referred To- Conforce Ltd Vs. Titas Gas Transmission and Distribution Co. Ltd and another, 42 DLR 33; Shahabuddin (Md) Vs. Bangladesh and others, 45 DLR ...... of the Government by installation and operation of the multi-station radio system of digital mobile cellular telephone service by dint of agreement and licence from the government. By virtue of this legal arrangement GrameenPhone has not only established and maintained mobile telephone services by ..Category: Information Technology Law | Date: | Hits: 217
Hajee Abul Hossain and others Vs. Md. Amjad Hossain and others, 2010, 39 CLC (AD)
....ion purportedly made by four brothers of Harnendra Kumar Majumder who resided in Calcutta before the Pakistan High Commission at Calcutta that there was an amicable partition among them by which, the property at Feni, Bangladesh fell in the share of Hamendra. This photostat copy was admitted into ev...... Appellate Division (Civil) Present: Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Hajee Abul Hossain and others...............................Appellants Vs. Md. Amjad Hossain and others................askha by way of taking settlement are forged and collusive papers which had been created for the purpose of the suit. 6. The High Court Division, on the other hand, observed that the trial court illegally admitted the deed dated 11th June 1966, Exhibit 1, as secondary evidence by which deed Abdul..Category: Property Law | Date: | Hits: 36
Janata Insurance Company Ltd. Vs. M/s. Islam Steel Mills Limited and another, 2010, 39 CLC (AD)
....espectively but taking into consideration of the business transacted by them, it can not be said that in true sense it is a mortgage, for the Transfer of Property Act refers to mortgages of immovable property and the Contract Act refers to pledges of movable property. None of the Acts deal with mort......em Mominur Rahman J Md. Muzammel Hossain J Surendra Kumar Sinha J Janata Insurance Company Ltd..........................Appellant (In all the cases). Vs. M/s. Islam Steel Mills Limited and another......Respondents (In Civil Appeal No. 63 of 2002). M/s. Karnaphuli Cotton Mills Limi......r section 46 of the Insurance Act". In respect of the objection of the defendant that the plaintiffs not being 'policy holders' within the meaning of section 2(13D) of the Insurance Act, they are not legally entitled to the moneys covered-by the policies, it has been observed that "The English entri..Category: Business or Commercial Law | Date: | Hits: 212
Azim vs. Naim Ara Begum, 2003, 32 CLC (HCD)
....disposal of the Rule, are that the opposite party No.1 instituted the above noted SCC Suit against the petitioner (defendant) for eviction of monthly tenant alleging that she, being owner of the Suit property, inducted the defendant‑petitioner as a monthly tenant on the basis of an agreement dated......………………………………..Petitioner Vs. Naim Ara Begum..................Opposite Party Judgment April 30, 2003. Case Referred To- Subrati-appellant vs Kunz Behari Lal and others respondent, AIR 1946, Allahabad 403. Lawyers Involved: Golam Mostafa, Advocate-For ......t Suit. 3. The defendant contested the suit by filing a written statement contending, inter alia, that he did not get any notice of termination of the tenancy and that the issuance of notice was illegal, as he had paid rents regularly. The plaintiff, however, did not want to receive the monthly r..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. ...... Vs. Md. Hasem Ali Mia & others..............Opposite Parties Judgment October 25, 2003. Cases Referred To- Hajera Bibi vs. Noor Jahan Begum,35 DLR 338; Jafar Ali vs. Husier Ali and others, 46 DLR (AD) 187; Dalilur Rahman vs. Syed Omar, 5 MLR (AD) 24; Jafar Ali vs. Hushiar Ali ...... been concurrently found by both the Courts below. 14. Regarding the point of limitation, he has submitted that the date of knowledge as stated by the pre‑emptor has not been corroborated by any legal evidence. During his argument he has cited the case of Jitendra Noth Howlader vs. Bisheshwar H..Category: Property Law | Date: | Hits: 39
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........ This Case is also Reported in: 56 DLR (2004) 149.......ee of declaration that the plaintiffs have got title in the suit land measuring about 15 acres, that orders dated 13‑9‑90 and 29‑8-91 passed in appeal and review in mutation proceedings are illegal, void and not binding upon them and the kabalas including one dated 17‑1‑90 executed by th..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....... High Court Division (Special Appellate Jurisdiction) Present: Syed Amirul Islam J Mirza Hussain Haider J Abdul Motaleb & others..................Appellants Vs. Aftab Miah and another.................Respondent Judgment August 21, 2002. Cases Referred To- Cre......within a reasonable period after filing of the same before the Registrar that will do and thus there is full compliance with the provision of Rule 33(1) of the Rules. Therefore, the Registrar acted illegally and without jurisdiction in holding that there is no evidence in Support of the opposition a..Category: Intellectual Property Law | Date: | Hits: 181
Abul Kashem and others Vs. State, 2003, 32 CLC (HCD)
....eputy Attorney-General that since this point was not agitated and argued at the trial, the defence is now estopped and debarred from agitating this point at this belated stage. 10. For the sake of proper appreciation of the points raised we intend to discuss the evidence as under: PW 1, Monowara ...... This Case is also Reported in: 56 DLR (2004) 132.......ere closely scrutinised and corroborated by the evidence of impartial and independent witnesses before their evidences were relied on in basing the impugned judgment and order of conviction. But this legal requirement was not appreciated and followed by the trial Court. (6) The trial in absentia ..Category: Criminal Law | Date: | Hits: 39
State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)
....hah Alam and went to her father informant PW 1 Abdul Gafur's house three/four months after second marriage with accused Khodeja Begum. In view of arbitration accused Shah Alam transferred some of his property to deceased Rokeya Begurn by way of registered deed of conveyance and took back deceased Ro......Criminal Appellate Jurisdiction) Present: AK Badrul Huq J Md. Abu Tariq J State……………………………………………………….Petitioner Vs. Mir Hossain alias Mira and others……….Condemned Prisoners Judgment December 9, 2003. Case Referred To- Ba......ion and imposing death penalty discussed and considered circumstantial evidence, judicial confessional statements and other materials on record and found: a. Learned Magistrate after observing all legal formalities recorded confessional statement of accused Khodeja Begum and Mir Hossain alias Mir..Category: Criminal Law | Date: | Hits: 31
Serajul Islam Bhuiyan (Md) Vs. Bangladesh Water Development Board & others, 2003, 32 CLC (HCD)
.... 9‑11‑2002 and in case of modifying any order of transfer, no reason is to be assigned. The respondent No.6, further stated that he joined Khagrachari O & M Division on 19‑11‑2000 and for proper execution of the development work, his continuous stay in the place of posting was considered...... Lawyers Involved: TH Khan with Md. Oziullah, Advocates‑For the Petitioner. Md. Hefzul Bari with Shamsunnahar Bari, Advocates‑For Respondent Nos. 1‑5. Tufailur Rahman with Sufia Ahmed and AKM Mohiuddin Chowdhury, Advocates-For Respondent No. 6. Writ Petition No. 7377 of 2002. J......er of the petitioner from the present working station at Khagrachari to Rangamati Operation and Maintenance Division should not be declared to have been passed without lawful authority and is of no legal effect. 2. The petitioner, a Sub‑Assistant Engineer, posted at Khagrachari Operation and ..Category: Employment/Service Law | Date: | Hits: 77
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....Ekushey Television Limited required to broadcast its programmes through a satellite channel without any hindrance and/or such other or further order or orders passed as to this court may seem fit and proper. 3. In this petition it has been stated, inter alia, that Ekushey Television Ltd. shortly,......ead the Judgment of Appellate Division here. Supreme Court High Court Division (Special Original Jurisdiction) Present: MA Wahhab Miah J Shamim Hasnain J Ekushey Television Ltd. and another............... Petitioners Vs. Bangladesh and others ............................R......on the respondents to show cause as to why the impugned memo dated 7‑6‑2003 (Annexure C-1) issued by respondent No. 3 shall not be declared to have been made without lawful authority and is of no legal effect and why a direction should not be given to grant the frequencies and to issue licence(s..Category: Information Technology Law | Date: | Hits: 230
Arif Iftekhar Ali and others Vs. Sekandar Ali Hawlader, 2002, 31 CLC (HCD)
....XXIX rule 7 reads- "7. (1) The Court may, on the application of any party to a suit, and on such terms at it thinks fit‑ (a) make an order for the detention' preservation or inspection of any property which is the subject matter of such suit, or as to which any question may arise therein; ......is Case is also Reported in: 56 DLR (2004) 82. ......d nor any evidence could validly be collected thereon. He finally, submits that learned Joint District Judge failed to appreciate the distinction between "inspection" and "investigation', and acted illegally in allowing the prayer for local inspection, since what can only be found out by local inves..Category: Property Law | Date: | Hits: 26
Akhteruzzaman Chowdhury Vs. Hamidul Huq, MD, UCBL and another, 2003, 32 CLC (HCD)
....assed by this Court on 15‑4‑2002 and the subsequent order dated 17‑5‑2003 in Company Matter No. 2 of 2000 and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts which led to the issuance of this Rule are that, the present petitioner is a...... High Court Division (Statutory Original Jurisdiction) Present: Syed Amirul Islam J Akhteruzzaman Chowdhury..........................Contempt Petitioner Vs. Hamidul Huq, MD, UCBL and another............Contemner‑Opposite Parties Judgment November 2, 2003. Lawyers Inv...... holding of AGM of the Bank. It further appears that after the introduction of section 15 ka ka to the Bank Company Act, 1991 one of the shareholders of the Bank filed a Writ Petition challenging the legality of the aforesaid Act which is registered as Writ Petition No. 4809 of 2003 in the High Cour..Category: Banking Law | Date: | Hits: 158
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.......dgment July 21, 2003. Cases Referred To- Elias Hossain vs. State, 54 DLR (AD) 78; Abdus Salam vs. State, 19 DLR 98; State vs. Kalu Bepari, 43 DLR 249; State vs. Shafiqul Islam alias Shafique and others, 43 DLR (AD) 92. Lawyers Involved: AM Abdus Sobhan Tarafder Advocate-For the Accuse......on to unearth the actual fact which caused the death of the deceased. The plain reading of the impugned judgment indicates that the trial Court considered every aspect of the matter, particularly the legal position and the conduct of the accused‑ appellant and rightly found the accused-appellant g..Category: Criminal Law | Date: | Hits: 88
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