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Managing Director, Dhaka WASA Vs. Meer Awlad Hossain and others, 2010, 39 CLC (AD)
....vice." Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 45.......espondents to pay the said amount to the writ petitioner within 15 days of the judgment. 5. We have heard the learned Counsel for the petitioner, perused the writ petition and other materials on record. The learned Counsel appearing for the petitioner contended that the High Court Division er......10310 of 2007 making the rule nisi absolute. 3. Short facts relevant for the disposal of the leave petition are that the writ petitioner was appointed on 17th March, 1973 as work charge and his service was subsequently regularized in 1977. The Ministry of Finance fixed the pay scale and it w..Category: Employment/Service Law | Date: | Hits: 87
District Registrar, Manikgonj Vs. Md. Shariful Islam and others, 2009, 38 CLC (AD)
.... of paper book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till hearing of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 26. ......Memo No. 299 dated 11.4.1994 passed by the defendant No.1 cancelling the license of the plaintiff as a nikah registrar, the Memo No. 291/1(4) of the same date directing the plaintiff to hand over the records, seals and other documents to the defendant No.3 and the Memo No.534 dated 17.4.1994 issued ...... of paper book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till hearing of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 26. ..Category: Civil Law | Date: | Hits: 106
Government of Bangladesh Vs. Md. Rahatuddin Khan and others, 2011, 40 CLC (AD)
.... 2011, be stayed till disposal of the said writ petition pending before the High Court Division. The civil miscellaneous petition is accordingly disposed of. Ed. This Case is also Reported in:......assed by the High Court Division in writ petition No. 2573 of 2011. So far it relates to the interim order of directions. 2. We have heard the learned Attorney General and perused the materials on record. 3. We are of the view that the ad interim direction given by the High Court Division is n...... 2011, be stayed till disposal of the said writ petition pending before the High Court Division. The civil miscellaneous petition is accordingly disposed of. Ed. This Case is also Reported in:..Category: Procedural Law | Date: | Hits: 105
Government of Bangladesh Vs. Md. Ariful Islam and others, 2011, 40 CLC (AD)
....2011 be stayed till disposal of the said writ petition pending before the High Court Division. The civil miscellaneous petition is accordingly disposed of. Ed. This Case is also Reported in: ......assed by the High Court Division in writ petition No. 2278 of 2011. So far it relates to the interim order of directions. 2. We have heard the learned Attorney General and perused the materials on record. We are of the view that the ad-interim direction given by the High Court Division is not jus......2011 be stayed till disposal of the said writ petition pending before the High Court Division. The civil miscellaneous petition is accordingly disposed of. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 106
Deputy Commissioner and another Vs. Md. Abu Taher and another, 2010, 39 CLC (AD)
....t and order dated 19th April, 2007 passed by the High Court Division in Writ Petition No.6142 of 2001 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 23.......thin 6(six) months from the receipt of the judgment. 6. We have heard the learned Deputy Attorney General appearing for the petitioners and perused the impugned judgment and other materials on record. Learned Deputy Attorney General has taken us to the impugned judgment and argued that the Hi......t and order dated 19th April, 2007 passed by the High Court Division in Writ Petition No.6142 of 2001 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 23...Category: Property Law | Date: | Hits: 81
Mamun Sheikh Mamun Vs. the State, 2010, 39 CLC (AD)
.... of paper books is dispensed with as prayed for. The period of order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 21......., learned Advocate-on-Record, appearing for the petitioner submitted that the High Court Division has committed illegality confirming the death sentence without considering the material evidence on records such as the F.I.R., the charge sheet, the statements of the P.W.'s of the case; that the Hig...... of paper books is dispensed with as prayed for. The period of order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 21...Category: Criminal Law | Date: | Hits: 49
Rafiqul Islam Howlader alias Md. Rafiq Howlader Vs. Syed Abdul Hamid and others, 2010, 39 CLC (AD)
....l point to interfere with the impugned judgment and order passed by the High Court Division. In the premises the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 19.......ration of title on the land, detailed in the schedule of the plaint, claiming their title and possession, on the basis of registered deed from the vendors and that they got their names mutated in the records of right and paying rent to the Government in accordance with law. But the government record......l point to interfere with the impugned judgment and order passed by the High Court Division. In the premises the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 19...Category: Property Law | Date: | Hits: 93
Md. Abdul Barik and another Vs. Most. Serajan Nessa and another, 2010, 39 CLC (AD)
....bove, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 16. ......question. In a case of fraud the question of limitation will run from the date of knowledge and not from the date of execution of the disputed document. In the instant case, there is no evidence on record that the executrix had executed the deed in question after being conversant with the contents......bove, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 16. ..Category: Property Law | Date: | Hits: 84
Commissioner of Customs and others Vs. Ruhul Amin Bachuchu and others, 2009, 38 CLC (AD)
.... dated 7.3.99 on the averments that in the course of his business he opened the above letter of credit dated 7.3.1999 for import of power tiller with accessories from China and after arrival of the goods he through his clearing agent submitted Bill of Entry on 24.5.1999 for releasing the goods aft...... assessment of the duty payable on the imported goods was made by the petitioner till date and further the provisional assessment was made by them after 3/4 months of the arrival of the goods without recording any reason whatsoever and the failure to make any final assessment on the imported goods t......of paper book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till hearing of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 14. ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Ayesha Siddika and others Vs. Sayed Rafiqul Islam Rafiq and others, 2010, 39 CLC (AD)
....orrect decision and discharged the rule. We therefore find no reason to interfere with the same. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 11. ......for filing the suit will be frustrated. He further submits that the decision of the learned District Judge is not at all a speaking order and since it suffers from non consideration of materials on record, the High Court Division without applying its judicial mind shirked its responsibility and as......orrect decision and discharged the rule. We therefore find no reason to interfere with the same. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 11. ..Category: Property Law | Date: | Hits: 89
Md. Raisuddin Biswas and others Vs. Md. Mazed Ali, 2009, 38 CLC (AD)
.... his name in the revenue records, had been paying rents and that while his mother was alive his father married Beraful Nessa as his second wife and since the relation between the two wives were not good his father used to live separately and his further, after a prolonged illness, died in the ye...... a mango garden, gifted the same to him by Deed of Heba-bil-Ewaz No. 21065 dated 21.4.1975 and the possession of the suit land was also delivered to him and he, after mutating his name in the revenue records, had been paying rents and that while his mother was alive his father married Beraful Ness...... be sustained and accordingly those are set aside. Both the appeals are allowed without any order as to costs. End. This Case is also Reported in: VIII ADC (2011) 1, 16 MLR (AD) (2011) 261. ..Category: Property Law | Date: | Hits: 109
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....of with the above observations and modifications. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ......lleged offence was committed when the Ain of 2002 was in force. But subsequently the FIR was lodged on 26.10.2009 under the Ain of 2009. Having considered the FIR, Charge Sheet and other materials on record we have found that the allegation lodged against the petitioner discloses a prima facie case ......of with the above observations and modifications. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ..Category: Civil Law | Date: | Hits: 174
State Vs. Saiful Islam and another, 2003, 32 CLC (HCD)
....ce of PW7 revealed that he was quite capable of giving rational answer to the questions asked. 3. Solitary evidence of an eye‑witness could form the basis of conviction. 16. They also cited a good number of cases which we shall take stock of later on. 17. Let us now consider the evidence ......t on the body of the deceased and sent the dead body to morgue for post-mortem examination. The Investigating Officer prepared the sketch map of the place of occurrence with separate index thereof, recorded the evidence of witnesses under section 161 of the Cr.P.C., got the confessional statement ...... maintained with the modification of the sentence of condemned prisoner Fazilutennessa as stated above. Lower Court record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 376. ..Category: Criminal Law | Date: | Hits: 84
Atiqur Rahman Mullah Vs. Abul Kalam Azad and others, 2002, 31 CLC (HCD)
....earned Advocate has expressed his sorrow for his failure to appear when the Rule was taken up for hearing, if the matter is heard again in presence of the learned Advocate for the applicant, he has a good chance of success in the case as the relevant facts could not be placed when the Rule was heard......he cost to the learned Advocate for the petitioner by 15th January, 2003, in default, the application for rehearing shall stand rejected. Ed. This Case is also Reported in: 56 DLR (2004) 373. ......he cost to the learned Advocate for the petitioner by 15th January, 2003, in default, the application for rehearing shall stand rejected. Ed. This Case is also Reported in: 56 DLR (2004) 373. ..Category: Property Law | Date: | Hits: 73
Razia Sultana Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....annot now exercise its powers under Article 8 of the Order. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 366. ......teps to get the sale deed registered of the other property of the company namely, the property at the holding No. 28, Hatkhola Road, Dhaka on receipt of the balance amount of Taka 15,000. There is no record as to what happened thereafter but a letter of the administrator dated 13-7-1967 (Annexure E)......annot now exercise its powers under Article 8 of the Order. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 366. ..Category: Business or Commercial Law | Date: | Hits: 194
Virginia Tobacco Company (BD) Ltd. Vs. Registrar of Trade Marks and another, 2000, 29 CLC (HCD)
....fore they are not entitled to get the protection of section 10(2) of the Act. The learned Advocate further submits that by using the registered trade mark of the respondent No. 2 they are passing off goods of inferior quality in the name of the respondent No. 2 which contravenes the provisions of th......f the appellant with the word "Express" and, in support of his contention, he relies on the decision reported in 20 DLR 92. The learned Advocate further submits that it is clear from the materials on record that the mark of the appellant substantially differs from the registered mark of the responde......ing heard to the parties and the parties will be at liberty to adduce further evidence if they want. There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 362. ..Category: Intellectual Property Law | Date: | Hits: 226
Jashimuddin (Md.) alias Md. Jashimuddin Vs. Dali Begum and another, 2003, 32 CLC (HCD)
.... In that view of the matter, the Rule is discharged without any order as to costs. The stay order granted by this Court is hereby vacated. Ed. This Case is also Reported in: 56 DLR (2004) 358. ......udge, Mymensingh and the plaintiff examined 2 witnesses to prove her case and the defendant No. 1 examined himself. After hearing the learned Advocates of the parties and considering the materials on record, the trial Court was pleased to dismiss the suit by her Muslim. The proposal and acceptance m...... In that view of the matter, the Rule is discharged without any order as to costs. The stay order granted by this Court is hereby vacated. Ed. This Case is also Reported in: 56 DLR (2004) 358. ..Category: Family Law | Date: | Hits: 186
State Vs. Billal Hossain Gazi, 2004, 33 CLC (HCD)
....ourt and the trial Court shall be at liberty to decide the case independently on the basis of the evidence to be available with the record. Ed. This Case is also Reported in: 56 DLR (2004) 355. ......, held inquest on the dead body of the victim, sent the dead body to the morgue and after investigation submitted charge-sheet against the accused person under section 10(1) of the said Ain. The case record was eventually sent to the Bishesh Adalat, Chandpur for trial. The Bishesh Adalat framed char......ourt and the trial Court shall be at liberty to decide the case independently on the basis of the evidence to be available with the record. Ed. This Case is also Reported in: 56 DLR (2004) 355. ..Category: Criminal Law | Date: | Hits: 43
Masud Mia (Md.) Vs. State, 2003, 32 CLC (HCD)
....ngle independent, natural and probable witness in support of its case. In a case of rape the person of the victim and of the place where the alleged rape is stated to have taken place usually provide good corroboration to the story of rape given by the victim and these are regarded as sine qua non f......in, the learned Advocate appearing for the appellant, submits that regard being had to the fact that the medical evidence does not support the story of rape and the circumstantial evidence brought on record does not also support the case of rape, the leaned Bishesh Adalat was manifestly wrong in pas...... Md. Masud Mia be set at liberty forthwith if not wanted in connection with any other case. Send down the lower Court's records at once. Ed. This Case is also Reported in: 56 DLR (2004) 352. ..Category: Criminal Law | Date: | Hits: 45
Nurul Islam Babul (Md.) Vs. State, 2004, 33 CLC (HCD)
....n report will consider the prayer for bail in accordance with law. With the aforesaid direction and observation the Rule is disposed of. Ed. This Case is also Reported in: 56 DLR (2004) 347. ......No. 2259 of 2004. Judgment Md. Awlad Ali J.- Upon an application under section 561A of the Code of Criminal Procedure Rule was issued calling upon the opposite party to show cause as to why the records of the Badda PS Case No. 27(3) 04 dated 20‑3‑2004 pending in the Court of Chief Metropol......n report will consider the prayer for bail in accordance with law. With the aforesaid direction and observation the Rule is disposed of. Ed. This Case is also Reported in: 56 DLR (2004) 347. ..Category: Criminal Law | Date: | Hits: 60
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