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State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)
.... under section 164 of the Cr.P.C. in the prescribed forms and proved those statements before the Court. In cross examination, he stated that when Moshfiq Uddin Togar was brought before him, he was in good health and that he made him understand the implication of confession under section 164 of the C......e, prepared sketch map of the place of occurrence with separate index of it. Subsequently, the investigation was taken over by the detective branch of the police. The succeeding investigation officer recorded the statements of the witnesses under section 161 of the Cr.P.C. During investigation, the ......or of Chemistry Department told him that a girl student became unconscious. Subsequently, lie came to know that the girl student died in hospital. In cross examination, he stinted that he had been in service in the BUET since 1980 and that he was the director of the student welfare section. In cross..Category: Criminal Law | Date: | Hits: 236
Nasima Akhter Banu Vs. Abu Taher Masud and others, 2006, 35 CLC (HCD)
....ed earlier by this Court is hereby vacated. Communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 370. ......ad and others reported in 35 DLR (AD) 182 wherein it is held; "A party cannot blow hot and cold in his stand before a Court of law." 12. Mr. Farook lastly submits that considering materials on record the learned Courts below rightly rejected the prayer for proposed amendment. So, according to......ed earlier by this Court is hereby vacated. Communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 370. ..Category: Procedural Law | Date: | Hits: 99
Rafiqul Islam (Md.) Vs. State, 2006, 35 CLC (HCD)
....ranted by this Court, may be released from his bail bond. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: 58 DLR (2006) 362. ......and, therefore, there is no cause for interference by this Court. 6. I have considered the submissions of the learned Advocates and perused the application as well as the evidence and materials on record. It appears that the place of occurrence is a restaurant which, at the time of occurrence, wa......ranted by this Court, may be released from his bail bond. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: 58 DLR (2006) 362. ..Category: Criminal Law | Date: | Hits: 61
Abdul Mazid (Md.) Vs. State, 2006, 35 CLC (HCD)
.... However, imposition of fine shall remain unaltered. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 355.......plicated in the case. 9. Considering the evidences and other facts and circumstances of the case, the learned Trial Judge found the accused-appellant guilty under section 304 of the Penal Code and recorded the conviction and sentence in the manner already stated above. Another accused got acquitt...... However, imposition of fine shall remain unaltered. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 355...Category: Criminal Law | Date: | Hits: 93
Mashriqui Jute Mills Vs. Chairman, Second Labour Court & another, 2005, 34 CLC (HCD)
....nexure C to the petition) is declared to have been made without lawful authority and is of no legal effect. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 352.......nexure C to the petition) is declared to have been made without lawful authority and is of no legal effect. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 352.......hority and is of no legal effect. 2. Facts giving rise to this Rule Nisi, briefly, be put thus: The respondent No.2 was employed as Waiver of the petitioner's company and he was dismissed from service by order dated 21-7-1996. Thereafter, the respondent No.2 filed the Complaint Case No. 29 of..Category: Employment/Service Law | Date: | Hits: 67
Abdus Salam (Md.) Vs. Deputy Registrar of Trade Marks and others, 2005, 34 CLC (HCD)
....ants of men, women and children clothing’s, including sport and casual wear, shirts, pants, skirts, socks, handkerchiefs, coats, rainwear, jacket slippers, sandals, shoes and headgear and all these goods have been bearing the trade mark 'Crocodile & Device'. The opponent adopted the trade mark......fect that by order dated 23-6-1999 the prayer for extension of time by the respondent to file counter-statement was rejected by the Registrar and the hearing date was fixed on 26-7-1999, but from the record it appears that counter-statement was filed on 2-11-1999 and the Deputy Registrar considered ......a is directed to dispose of Trade Marks Appeal No. 5 of 2004 on merit in accordance with law. No order as to costs in any of the appeals. Ed. This Case is also Reported in: 58 DLR (2006) 343...Category: Intellectual Property Law | Date: | Hits: 189
Ismail Howlader and others Vs. State, 2006, 35 CLC (HCD)
.... blow on Nasir. PW 2 was declared hostile, and was cross-examined both by the prosecution and the defence. In cross-examination he stated that the accused persons were his neighbours with whom he had good relationship and that he went to the Police Station with the informant where the ejahar was wri......trial Court did not hold separate trial for the under 16 accused Waliur and that the impugned judgment and order is based on inadequate and unreliable evidence. 6. We have perused the materials on record including the impugned judgment and order the evidence led by the prosecution, the petition o......nowara Begum who were granted bail earlier by this Court stand discharged from the bail bond if furnished any. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 335...Category: Criminal Law | Date: | Hits: 43
Nil Sen Singh Vs. Radha Mohan Singh and others, 2006, 35 CLC (HCD)
....tle Suit No. 2 of 2003 is set aside. The judgment and decree dated 30-1-2003 of the trial Court is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 329. ......et a preliminary decree for partition? 5. What relief, if any is the plaintiff entitled? 13. The learned Joint District Judge considering the facts and circumstances of the case and evidence on record decreed the suit by his judgment and decree dated 30-1-2003. 14. Being aggrieved by the af......tle Suit No. 2 of 2003 is set aside. The judgment and decree dated 30-1-2003 of the trial Court is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 329. ..Category: Property Law | Date: | Hits: 75
Noorjahan Ahmed and others Vs. Tarifuddin Ahmed, 2003, 32 CLC (HCD)
....r giving the defendants of that suit who are the appellants, time to file written statement in the suit and then to decide the suit in accordance with law. If the record is traced out, it is well and good and even if it is not traced out the parties shall take steps for reconstruction of the record ......rther continued that the suit land appertaining to Khatian No. 472 plot No. 6742 measuring an area of 15225 acres out of 34250 acres originally belonged to late Tashinuddin Ahmed in whose name it was recorded in CS Khatian and the subject matter of the Suit No. 105 of 1983 was a pucca building named......t the respondent for a decree that the ex parte Judgment and decree dated 27-11-1984 passed in Other Suit No. 105 of 1983 is void, illegal and not binding upon the plaintiff as it was obtained by non-service of summons and notices upon the defendants of Other Suit No. 105 of 1983. It was further con..Category: Property Law | Date: | Hits: 83
Abdul Khaleque Vs. Hazera Begum and another, 2006, 35 CLC (HCD)
....ified in the order: Provided that the Court shall not pass a probation order unless the offender enters into a bond, with or without sureties, to commit no offence and to keep the peace and be of good behavior during the period of the bond and to appear and receive sentence if called upon to do ......rfered with by this Court. He prays that the Rule may be discharged. 6. I have considered the submissions of the learned Advocates, perused the application as well as the evidence and materials on record. 1 am inclined to accept the submission of the learned Advocate for the opposite party No.1 t......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
.... 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....... 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.......rders as to this Court may seem fit and proper.
2. In Writ Petition No.9 of 2002 Rule Nisi has been issued calling upon the respondents to show cause as to why the impugned order of termination of service as contained in Memo No. Sangsthapon 2013/25 (Sring)/822 dated 9-12-2001 (Annexure G to the ..
Category: Employment/Service Law | Date: | Hits: 75
Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)
....e aggrieved party. The Court is under a duty, within a limit of its power of innovation to maintain a relation between law and morals, between the perspective of jurisprudence and those of reason and good conscience. The creative work of interpretation of statutory law by the judges has to continue ......initiated on the basis of the complaint made by the opposite party No. 2 on 7-10-85, followed by other two petitions, filed on 20-12-85 and 17-2-86 respectively, as are available in the lower Court's record. As such, the instant complaint-petition is not an independent one rather, in order to fulfil......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)
....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.......s-petitioners raised objection and their objection has been noted in the deposition sheet. It is further stated that item Nos. 26 to 28 have been marked as exhibits and those are now part of the case record; that the Court has rightly marked those documents in admitting the same into evidence; that ......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
Mansur Ali Howlader Vs. Nurul Islam Howlader, 2004, 33 CLC (HCD)
....ppeal in accordance with law and to dispose of the appeal within 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 58 DLR (2006) 304, 26 BLD (HCD)(2006) 53.......lami granted rent receipts to the plaintiff as recognition of the tenancy. Since then the plaintiff had had possessed the suit land adversely against others. Thereafter, the suit land having not been recorded in the name of the plaintiff he could not pay rent to the Government and it clouded his tit......ppeal in accordance with law and to dispose of the appeal within 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 58 DLR (2006) 304, 26 BLD (HCD)(2006) 53...Category: Property Law | Date: | Hits: 81
Abdur Rashid Salam Vs. Md. Moniruzzaman, 2005, 34 CLC (HCD)
....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. ......a decree passed by the Court without the consent of parties." Section 115(1) provides as follows: 115. (1) The High Court Division may, on the application of any party aggrieved, call for the records of any suit or proceeding, in which a decree or an order has been passed by a Court of Distr......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
Amin Uddin (Md.) Vs. State, 2006, 35 CLC (HCD)
.... matter having great social importance giving top most priority. LC records along with copy are sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 294, 26 BLD (HCD) (2006) 433. ......in thana as PS case or even in a complaint case if the same is sent to the thana by the Court to be treated as first information report and for investigation and report. He shows from the lower Court record that upon filing a petition of complaint by one Sayeda Begum daughter of Md. Rafiqul Islam, V...... matter having great social importance giving top most priority. LC records along with copy are sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 294, 26 BLD (HCD) (2006) 433. ..Category: Criminal Law | Date: | Hits: 48
Nabisco Biscuit and Bread Factory Ltd. Vs. Baby Food Products Ltd. and another, 2005, 34 CLC (HCD)
....s 30. The petitioner claims that such registration, in gross violation of the provisions of law, of deceptively similar trade marks, has resulted in irreparable loss and suffering to the petitioner's goodwill in its business and also has resulted in fall in sales of its products. It is alleged by th......milar trademark to that of the petitioner. It is contended by the petitioner that the registration of its trade marks under No. 1713, 1723, 1733 and 1734 in class 30 being already in existence on the record, the Registrar of Trade Marks, opposite party No. 2, ought not to have registered the impugne......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)
....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. ......to justify withdrawal of the prosecution. Otherwise, the second trial would be allowed to proceed to normal conclusion and the parties would have the advantage of utilizing the material placed on the record at the earlier trial, by way of cross examination of the relevant witnesses as permitted by l......le further proceedings of both Sessions Case 28/2001 and Sessions Case 57/2000 were stayed for 3 months. Subsequently, above order of stay was allowed to continue until further direction. 3. After service of notice opposite parties Nos. 2-4, 6-10 namely, Ainuddin Joarder, Chand Ali Mondal, Moyenu..Category: Criminal Law | Date: | Hits: 41
Sonali Bank Limited and Others Vs. Prime Global Limited and Others, 2011, 40 CLC (AD)
....from the date of receipt of this order in accordance with law. Ed. This Order is also Reported in: 63 DLR (AD) (2011) 99, 31 BLD (AD) (2011) 49, 16 MLR (AD) (2011) 151, 8 LG (AD) (2011) 119. ......giving the above noted details, the suit may be made ready on the basis of alternative modes of service as mentioned above, but even then the postal receipt, if not the acknowledgment due, must be on record, showing the actual posting of the notice/summons. 14. Besides, the learned Judges shoul...... summons and postal acknowledgement receipt was fixed on 29.06.2003. Order no.3 dated 29.06.2003, Order no.4 dated 5.08.2003, Order no.5 dated 20.08.2003 and Order no.6 dated 14.09.2003 speak about service of summons but do not show as to whether summons were served or returned unserved. Nothing h..Category: Civil Law | Date: | Hits: 102
Sonali Bank Limited and others Vs. M/s. Fair Chemicals (Pvt) Ltd. and others, 2011, 40 CLC (AD)
....imposed upon the petitioner for payment to the plaintiff respondents. With these observations and directions this petition is disposed of. This Order is also Reported in: 19 BLT (AD) (2011) 52. ...... District judge allowing recall of the P.W.1 for cross-examination on behalf of the defendants. 3. We have heard the learned Counsel appearing on behalf of the parties and perused the materials on record. It is alleged on behalf of the petitioners that the P.W.1 was examined on commission without......imposed upon the petitioner for payment to the plaintiff respondents. With these observations and directions this petition is disposed of. This Order is also Reported in: 19 BLT (AD) (2011) 52. ..Category: Civil Law | Date: | Hits: 82
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