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Ferdousi Islam Vs. Nur Mohammad Kha and others, 2000, 29 CLC (HCD)

....osite parties stating, inter alia, that on 14-1-1996 at 8-00 PM her husband, Md. Rafiqul Islam, went to a brick field at night after taking meal assuring the informant that he would return after some time. But he did not return on that night and therefore on the following morning she had been to the...... is set aside. The trial Court is directed to proceed with the trial in accordance with law from the stage before passing the impugned order. Ed. This Case is also Reported in: 54 DLR (2002) 418...

Category: Criminal Law | Date: | Hits: 33

Mustafa Kabir Uddin Ahmed Vs. Badrun Nessa Chowdhury, 2002, 31 CLC (HCD)

....lication under Order XXIII rule I of the Code of Civil Procedure filed on behalf of the plain petitioner is allowed on condition that the plaintiff must pay a cost of Taka 500 to the defendant at the time of the institution of any fresh suit on the same cause of action if it is not otherwise barred ......hus disposed of on the above terms and conditions. Let the lower court’s records down expeditiously with a copy of this judgment and order. Ed. This Case is also Reported in: 54 DLR (2002) 416...

Category: Procedural Law | Date: | Hits: 83

Dewanbagh Darbar Sharif and another vs. Government of the People’s Republic of Bangladesh and others, 2002, 31 CLC (HCD)

....quently a police camp was established in the campus and all the devotees of the petitioner No. 2 were driven out from campus of the Dewanbagh Darbarsharif. Mr. Fazlul Karim has argued that since that time, the petitioner made several prayers to the District Authority and police authority for allowin......any direction in accordance with law in case of holding of any big congregation. With the observations made above the rule is disposed of. Ed. This Case is also Reported in: 54 DLR (2002) 413...

Category: Property Law | Date: | Hits: 25

Osi Meah Sowdager Vs. Tulsidham Akherar Madan Mahan Narasingha and others, 2002, 31 CLC (HCD)

....970 and contracted to sell the remaining portion of the suit land to him by agreement dated 30-1-1970, at a consideration of Taka 22,000,00 out of which Taka 8,000,00 was paid as earnest money at the time of the contract. It has been alleged that subsequently he paid a further sum of Taka 6,000,00 t......the learned 1st Court of Subordinate Judge, Chittagong for his information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)409...

Category: Civil Law | Date: | Hits: 69

Golam Mohammad Khan Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)

....davit-in-opposition and argued that this detenu was involved in the case murder of a student leader named Sajal belonging to Chhatra Dal and as the detenu was a MP of the ruling party at the relevant time, he managed a final report in that case by exerting pressure upon the police. Mr. Zaman has als......ed illegally and, as such, we find no substance in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002)405...

Category: Criminal Law | Date: | Hits: 60

Tofail Ahmed Vs. Bangladesh, 2001, 30 CLC (HCD)

....e present case, the petitioner has not yet been supplied with the reasons for which his passport was impounded. Reasons have been given only in the affidavit-in-opposition which was filed only at the time of hearing of the Rule. From the Annexure-A we find that the passport was seized by the Inspect......ten) days of receipt of this judgment. Advance copy of the order portion may be communicated to the respondents at the cost of the petitioner. Ed. This Case is also Reported in: 54 DLR (2002)403...

Category: Others | Date: | Hits: 102

Makbul Ahmed and others Vs. Mohammedullah and others, 2000, 29 CLC (HCD)

....e order to the parties the petitioners about the arrival of the record of the case. It is further seen that the petitioners filed an application for information on 3-9-84 which was not replied in due time and the petitioner was informed on 20-9-84 to the effect that the dismissal order has been reco......appointed for the purpose by such person by a document in writing signed by such person or by his recognised agent or by some other person duly authorised by or under a power of attorney to make such appointment. (2) Every such appointment shall be filed in court and shall be deemed to be in forc..

Category: Procedural Law | Date: | Hits: 62

Abdul Mannan Miah Vs. Md. Salaiman Miah, 2000, 29 CLC (HCD)

....aid Trade Mark. The plaintiff has also incurred huge expenditure towards publicity of the said trade Ghari with clock device through various media and a result of its extensive use and publicity of a time for sale of the soap produced by it, the said trade mark has become distinctive mark of the pro......ned trial Court is directed to dispose of the suit expeditiously preferably within three (3) months from the date or receipt of this judgment. Ed. This Case is also Reported in: 54 DLR (2002)394...

Category: Intellectual Property Law | Date: | Hits: 200

Zahid Hossain @ Paltu and others Vs. State, 2002, 31 CLC (HCD)

....ne him. 15. PW 3 Md. Selim Miah an approver, has stated in his examination-in-chief that he was an employee of BIP brick field at Charaicha situated on the eastern bank of river Kirtankhola at the time of occurrence. He received his salary on 22‑1‑1978 and went to his house when accused Tota ...... appellants are acquitted of the charge levelled against, them and they be set at liberty forthwith, if not wanted in any other connection. Ed. This Case is also Reported in: 55 DLR (2003) 160. ..

Category: Criminal Law | Date: | Hits: 35

Uttara Bank Ltd. Vs. Ali and Co. and another, 2000, 29 CLC (HCD)

....r receipt of the work order the defendants started to execute the work but the Union of the plaintiff-bank objected to carry out the order. As a result, the work could not be started within scheduled time. The defendants informed the higher officers of the plaintiff bank about the objection raised b......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...

Category: Civil Law | Date: | Hits: 101

Nadera Banu Vs. Protiva Rani Sen Gupta and others, 2003, 32 CLC (HCD)

....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 adduced evidence in sup......Judge is hereby directed to dispose of the suit as expeditiously as possible, preferably within months from the date of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 149...

Category: Property Law | Date: | Hits: 31

Zakir Hossain and another Vs. State, 2002, 31 CLC (HCD)

....Nos. 2, 3, 5, 7‑11 and 16 without any reasonable explanation and it will give rise to adverse presumption under section 114(g), the Evidence Act. 13. Learned Advocate contends that abconsion sometimes takes place due to apprehension of police torture and harassment and absconsion cannot itself ...... and sentence dated 20‑1‑92 by trial Court against appellants Zakir Hossain and Suruj Miah be accordingly upheld. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 137...

Category: Criminal Law | Date: | Hits: 34

Zakir Hossain Munshi Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)

....the subscriber of GrameenPhone and continued to pay the bills for normal charges payable by him for the services rendered in this regard by GrameenPhone (respondent No. 2). GrameenPhone for the first time included royalty and licence fee along with other normal charges by issuing a bill dated 27‑5......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. ..

Category: Information Technology Law | Date: | Hits: 217

Hajee Abul Hossain and others Vs. Md. Amjad Hossain and others, 2010, 39 CLC (AD)

....No.1 did not raise any objection while admitting exhibit-1 as secondary evidence. On perusal of the evidence of P.W.1 it appeared that the defendant-respondent No.1 did not raise any objection at the time of admitting exhibit-1 as evidence. In view of the above, Mr. Bhuiyan submits that in the absen......le in the suit lands. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 436, 15 MLR (AD) (2010) 485, 8 LG (AD) (2011) 10...

Category: Property Law | Date: | Hits: 36

Janata Insurance Company Ltd. Vs. M/s. Islam Steel Mills Limited and another, 2010, 39 CLC (AD)

....on to whom the whole of the interest of the policy-holder in the policy is assigned once and for all, but does not include an assignee thereof whose interest in the policy is defeasible or is for the time being subject to any condition." 12. This definition clearly shows that a 'policy holder' me......ut any order as to costs. This judgment would govern ail the appeals. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 478, 7 LG (AD) (2010) 208, 63 DLR (AD) (2011) 5, VIII ADC (2011) 932. ..

Category: Business or Commercial Law | Date: | Hits: 212

Md. Mominul Islam Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)

....aid facts and circumstances of the case, we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 474.......owing the provisions of the Government Servants (Discipline and Appeal) Rules, 1985, hereinafter referred to Rules, 1985. The petitioner asserted that he was appointed as Thana Extension Officer vide appointment letter dated 07.02.1974 and he joined his post on 20.02.1974 and that by dint of his sat..

Category: Administrative Law | Date: | Hits: 192

Azim vs. Naim Ara Begum, 2003, 32 CLC (HCD)

....ry of the said period the defendant­ petitioner again entered into a fresh contract on 1 ‑1‑1989 renewing monthly tenancy for another term, of 5 years ending in the month of December, 1993. This time monthly rent was enhanced to taka 1500. The defendant tenant did not pay rent regularly and arr...... dischareged without any order as to costs. The stay order passed in connection with the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 158. ..

Category: Property Law | Date: | Hits: 28

Abdur Rashid Mia (Md) Vs. Md. Hasem Ali Mia & others, 2003, 32 CLC (HCD)

....r about the sale. DW5 Fazlur Rahnian who is the negotiator and Chairman has admitted that the pre­emptor was not aware of the sale. Admittedly, the pre‑emptee DW1 Hosain Ali was not present at the time of purchase of the case land and his father DW2 Kalimuddin purchased the case land on his behal......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. ..

Category: Property Law | Date: | Hits: 39

Nasir Howlader Vs. State, 2004, 33 CLC (HCD)

....ar Hossain Howlader. Thereafter, deceased immediately was taken to the hospital for treatment but in the early part of following day i.e. on 7‑2­-1995, victim succumbed to his injuries. In the meantime, police with the help of local law enforcing agencies apprehended the accused person and took h...... Judge, Bagerhat is hereby affirmed. Let a copy of this judgment along with lower court's record be sent to the concerned court at once. Ed. This Case is also Reported in: 56 DLR (2004) 151. ..

Category: Criminal Law | Date: | Hits: 30

Nurujjaman and others (Md) Vs. Md. Sajjad Ali and others, 2002, 31 CLC (HCD)

....ed analogously by the same Court; Asker Ali vs. Shamsul Alam, 4 MLR (AD) 190. 14. In the result, the Rule is discharged without however, any order as to costs. Order of stay granted earlier at the time of issue of the Rule on 17‑6‑2001 is hereby recalled and vacated. 15. Accordingly, Title...... 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...

Category: Procedural Law | Date: | Hits: 65