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Suratjan Bewa Vs. Md. Abdul Mannaf and others, 2006, 35 CLC (HCD)

....e in the Rule issued. In the result, the Rule is discharged. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 400.......of 1996 should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The plaintiff-petitioner instituted Other Class Suit No. 46 of 1996 for a declaration that the Hiba-bil-iwaz deed No. 3715 purported to be executed and registered by on......e in the Rule issued. In the result, the Rule is discharged. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 400.......t page 750, A Rahman Vs. A Rahim Gazi, 35 DLR 132; Rashida Begum Vs. Chairman, Court of Settlement, 1 BLC 138; Miaruddin Vs. Saleh Meher Bibi, 11 DLR 44; AB Sikder Vs. Monowara Begum, 40 DLR 392. Lawyers Involved: Md. Mozammel Haque Bhuiya, Advocate- For the Petitioner. Habibul Islam Bhui..

Category: Property Law | Date: | Hits: 82

Aftab Ali Sheikh (Md.) Vs. Director, Land Records and others, 2006, 35 CLC (HCD)

....ade and passed illegally and without lawful authority and to be of no legal effect. The stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 58 DLR (2006) 397....... Khatian No. 975 of Mouza Sannayasgachi, PS Keshobpur District-Jessore belonged to the petitioner's father late Reazuddin Sheikh. During field survey under Rules 28 and 29 of Tenancy Rules, 1955 the aforesaid land was wrongly recorded in the name of respondent No. 4 and others against which the peti......ade and passed illegally and without lawful authority and to be of no legal effect. The stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 58 DLR (2006) 397.......h (Md.).............................................................Petitioner Vs. Director, Land Records and others………………………….Respondents. Judgment April 18, 2006. Lawyers Involved: ABM Nurul Islam with Afifa Begum, Advocates—For the Petitioner. Hasan Foez..

Category: Property Law | Date: | Hits: 62

Sheikh Mujibur Rahman @ Rajib Ullah Vs. State, 2004, 33 CLC (HCD)

....upon Mr. Md. Abdur Rashid Mia then Sessions Judge, now Jananirapatta Bignakari Aparadh Daman Tribunal, Barisal by guaranteed registered post. Ed. This Case is also Reported in: 58 DLR (2006) 393.......nd order dated 26-8-2001 of the learned Sessions Judge, Hobigonj, in Sessions Case No. 190 of 2000 convicting him under section 304 (sic) of the Penal Code and sentencing him to rigorous imprisonment for ten years with a fine of Taka 5,000 in default, to suffer rigorous imprisonment for one year mor......upon Mr. Md. Abdur Rashid Mia then Sessions Judge, now Jananirapatta Bignakari Aparadh Daman Tribunal, Barisal by guaranteed registered post. Ed. This Case is also Reported in: 58 DLR (2006) 393.......hammad Vs. Emperor, AIR 1928 Cal 775; Laxmya Shiddappa Vs. Emperor, AIR 1917 Bom 220; Lahori Vs. Emperor, AIR 1925 All 647; Musiaq Vs. Crown, AIR 1965. MP 137; Morari Vs. Crown AIR, 1919 Bom 160. Lawyers Involved: None appears—For the Parties. Criminal Jail Appeal No. 4069 of 2001. Ju..

Category: Criminal Law | Date: | Hits: 51

State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)

....e set at liberty at once if not wanted in any other case. Send down the LC Record with a copy of the judgment. Ed. This Case is also Reported in: 58 DLR (2006) 373, 26 BLD (HCD) (2006) 641. ......ukbul Hossain, 26 DLR 419. Lawyers Involved: Abdul Malek with Asaduzzaman, SM Shujahan, Advocates—For the Condemned Prisoner. Md. Khalilur Rahman Bhuiyan, Advocate —State defence lawyer for absconding Condemned Prisoners. AM Mahbub Uddin with Md. Yunus Ali Akond, Md. Kamruzzaman, Na......e set at liberty at once if not wanted in any other case. Send down the LC Record with a copy of the judgment. Ed. This Case is also Reported in: 58 DLR (2006) 373, 26 BLD (HCD) (2006) 641. ......n Nahar Begum Vs. State, 27 DLR (AD) 29; Amir Hossain Howlader Vs. The State, 1984 BLD (AD) 193; Bhagat Singh and another Vs. Emperor, AIR 1930 (Lahore) 266; State Vs. Mukbul Hossain, 26 DLR 419. Lawyers Involved: Abdul Malek with Asaduzzaman, SM Shujahan, Advocates—For the Condemned Prison..

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. ......are that on 27-8-1994 the petitioner as plaintiff instituted Partition Suit No. 186 of 1994 in the Court of Senior Assistant Judge, Cox's Bazar against the defendants herein opposite parties, praying for a separate saham of her share in the property for partition by metes and bounds Subsequently, th......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. ......rs, 1994 BLD 229 = 46 DLR 273; Moyjuddin Mondol Vs. Bena Rani Das and others, 45 DLR 154; MA Jahangir and others Vs. Abdul Malek and others, 41 DLR 389; Md. Sirajuddin Vs. Mahibunnesa and others, The Lawyers Volume I (AD) 136 and 31 DLR (AD) 133. Lawyers Involved: Samiron Das Gupta, Advocateâ€..

Category: Procedural Law | Date: | Hits: 99

Alauddin (Md.) Vs. State and others, 2005, 34 CLC (HCD)

....in that dale and also agreed that they will not ask for any adjournment until it is required on emergency. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 364.......5-4-2003 passed by the learned Magistrate, 1st Class, Sadar Chittagong in Criminal Miscellaneous Case No. 206 of 2001 should not be quashed. 2. The petitioner filed an application on 31- 12-2001 before the Court of learned Magistrate, 1st Class, Sadar Chittagong under section 144 of the Code of C......in that dale and also agreed that they will not ask for any adjournment until it is required on emergency. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 364....... Nader Ali Sheikh Vs. State and others, 35 DLR 180; Md. Ali Asgar Vs. Md. Esrail and others, 1999 BLD 517; State Vs. Khan Khawas, PLD 1967 Peshawar 23; Osman Gani Vs. Besharuddin Ahmed, 32 DLR 53. Lawyers Involved: Md. Nurul Mostafa, Advocate—For the accused-Petitioner. (In both cases) Md..

Category: Criminal Law | Date: | Hits: 55

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. ......e as to why the impugned judgment and order dated 28-8-2000 passed by the learned Metropolitan Sessions Judge, Dhaka in Metropolitan Sessions Criminal Appeal No. 171 of 2001 rejecting the application for condonation of delay in preferring appeal against the judgment and order dated 2-10- 1993 passed......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. ......afiqul Islam (Md.)…………………………………..Petitioner Vs. State…………………………………………………………Opposite Party. Judgment March 6, 2006. Lawyers Involved: Md. Shamsul Hoque. Advocate—For the Petitioner. Md. Jamil Akhter Elahi, A..

Category: Criminal Law | Date: | Hits: 61

Firoz Hossain Shah (Md.) Vs. State, 2005, 34 CLC (HCD)

.... in the Court of Magistrate, First Class, Rangpur is quashed. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 58 DLR (2006) 361. ...... Petitioner. Md. Shaflquel Islam Siddique, Advocate—For the Opposite Party No. 2. Criminal Miscellaneous Case No. 4846 of 2004. Judgment Sharifuddin Chaklader J.- This Rule was obtained for quashment of the proceeding of CR Case No. 85 of 2003 pending in the Court of Magistrate, First ...... in the Court of Magistrate, First Class, Rangpur is quashed. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 58 DLR (2006) 361. ...... Vs. State ………………………………………………Opposite Party. Judgment November 16, 2005. Cases Referred to- 1990 BLD (AD) 141; 14 DLR (SC) 18; 51 DLR (AD) 14. Lawyers Involved: Md. Osman Chuni, Advocate—For the Petitioner. Md. Shaflquel Islam Siddique..

Category: Criminal Law | Date: | Hits: 46

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....... the learned Additional Sessions Judge, 2nd Court, Bogra, in Sessions Case No.92 of 2000 convicting the accused-appellant under section 304 of the Penal Code and sentencing him to suffer imprisonment for life and also to pay a fine of Taka 5000, in default, to suffer rigorous imprisonment for one ye...... 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...............Appellant Vs. State…………………………………………………………………………..Respondent. Judgment April 9, 2006. Case Referred to: 1972 Criminal Law Journal (Madras High Court) 1641. Lawyers Involved: Md. Khalilur Rahman Bhuiyan. Advocateâ..

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.......the show cause notice denying all the allegations. Without considering the explanation to the show cause notice the petitioner constituted an inquiry committee and directed the petitioner to appear before the inquiry committee on 10-7-1996. The respondent No. 2 appeared before the inquiry committee ......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.......Cases Referred to- Mobarakganj Sugar Mills Ltd. Vs. ABM Kazi Naznd Islam, 1987 BLD (AD) 182; Messrs Malik & Haq and another Vs. Md. Shamsul Islam Chowdhury and two others, 13 DLR (SC) 228. Lawyers Involved: Md. Khulilur Rahman with Rubaiyat Hossain, Advocates—For the Petitioner. E..

Category: Employment/Service Law | Date: | Hits: 67

Abdus Salam (Md.) Vs. Deputy Registrar of Trade Marks and others, 2005, 34 CLC (HCD)

....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.......e Deputy Registrar of Trade Marks, Dhaka rejecting Rectification Case No. 244 of 1998. 3. Short facts leading to the filing of this trade marks appeal are that the appellant filed an application before the Registrar of Trade Marks, Dhaka under section 37 and 46 of the Trade Marks Act, 1940 (herei......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.......hittagong Vs. Registrar of Trade Marks. Chittagong, PLD 1958 (Dhaka) 481 = 10 DLR 251; Coopers Incorporated (now named Jockey International) Vs. Pakistan General Stores and another 1981 SCMR 1039. Lawyers Involved: Gazi Neamat Hossain, Advocate—For the Petitioner. (In all the Trade Marks App..

Category: Intellectual Property Law | Date: | Hits: 189

Ismail Howlader and others Vs. State, 2006, 35 CLC (HCD)

....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.......sions Case No. 69 of 1993. By that judgment the six appellants were found guilty of the charge under section 302 read with section 34 of the Penal Code and each of them were sentenced to imprisonment for life and also to pay a fine of Taka 2000 in default, to suffer rigorous imprisonment for 1 (one)......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....... …………………………………………………………..Respondent. Judgment May 9, 2006. Case Referred to- Kawsar-un-Nessa and another Vs. State, 1995 BLD21 =48 DLR 196. Lawyers Involved: Md. Khurshid Alam Khan, Advocate—For the Appellants. ABM Waliur Rahman Kha..

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. ......hers, 27 DLR 413; Adusumilli Gopala Krishnayya Guru Vs. Province of Madras, PLD 1947 PC at page 180; A K Raha Ltd. Vs. State of Punjab, AIR 1961 (Calcutta) at page 166. Lawyers Involved: JN Deb for Mahbub Ali with Md. Ekranml Hoque. Foujia Afrin, Sharmin Jahan Zeba, Advocates—For the Petitio......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. ......ahim Vs. Md. Alauddin and others, 27 DLR 413; Adusumilli Gopala Krishnayya Guru Vs. Province of Madras, PLD 1947 PC at page 180; A K Raha Ltd. Vs. State of Punjab, AIR 1961 (Calcutta) at page 166. Lawyers Involved: JN Deb for Mahbub Ali with Md. Ekranml Hoque. Foujia Afrin, Sharmin Jahan Zeba,..

Category: Property Law | Date: | Hits: 75

Noorjahan Ahmed and others Vs. Tarifuddin Ahmed, 2003, 32 CLC (HCD)

....ps for reconstruction of the record of the other suit No. 105 of 1983. There shall be no order as to cost. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 326.......ed by the Subordinate Judge, Dinajpur dismissing the suit. 2. The appellant No. 1 as plaintiff instituted other suit No. 130 of 1986 in the Court of Subordinate Judge, Dinajpur against the respondent for a decree that the ex parte Judgment and decree dated 27-11-1984 passed in Other Suit No. 105 of ......ps for reconstruction of the record of the other suit No. 105 of 1983. There shall be no order as to cost. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 326.......ust 12, 2003. Cases Referred to- Upendra Chandra Rishi and others Vs. Sufia Begum and others, 42 DLR (AD) 285; Kedar Mull Agarwala and another Vs. Wazifunnessa and another, 1935 (Cal) 745. Lawyers Involved: KZ Alam, Advocate—For the Appellants. Rafique-ul-Huq with Zafarullah, Advo..

Category: Property Law | Date: | Hits: 83

Abdul Khaleque Vs. Hazera Begum and another, 2006, 35 CLC (HCD)

....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....... dismissing the appeal and upholding the order of conviction and sentence dated 30-9-1995 passed by the Metropolitan Magistrate, Dhaka in CR Case No.2473 of 1994, should not be set aside. 2. The informant, Hazera Begum and the petitioner, Abdul Khaleque are workers under the Dhaka Municipal Corpo......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.......ul Khaleque……………………………………………..Petitioner Vs. Hazera Begum and another…………………………………Opposite Parties. Judgment March 9, 2006. Lawyers Involved: Not represented—the Petitioner. Md. Taherul Islam, Advocate—For Opposite..

Category: Criminal Law | Date: | Hits: 97

Faruque Hasan Vs. Titas Gas Transmission and Distribution Company Ltd. and others, 2005, 34 CLC (HCD)

.... 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.......t has been further stated that the petitioner's Trade Union was elected as Collective Bargaining Agent (CBA) in the year 1986 and reelected in the year, 1988 but since then there has been no election for Collective Bargaining Agent (CBA). Thereafter, due to various disputes the petitioner's Trade Un...... 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.......of Estate Duty. Pakistan and others, PLD 1961 (SC) 119 = 13 DLR (SC) 105; Rupali Bank Limited Vs. Nazrul Islam Patwary and others, 48 DLR (AD) 62; Dr. Nurul Islam Vs. Bangladesh, 33 DLR (AD) 201. Lawyers Involved: Khondaker Mahbubuddin Ahmed with Nesar Ahmed, Advocates—For the Petitioner (I..

Category: Employment/Service Law | Date: | Hits: 75

Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)

....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.......cused-petitioner from entering into the case land which was ultimately converted to a Miscellaneous proceeding under section 145 of the Code of Criminal Procedure and at the time of adducing evidence for ascertaining physical possession in the land in question the petitioner filed a Kabala Deed No. ......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.......………………………………………Accused Petitioner Vs. State and another……………………………………………….Opposite Parties. Judgment October 24, 2005. Lawyers Involved: Abdul Malek with Md. Shahjahan, Advocate—For the Accused-Petitioner. Abdur..

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.......e Code of Civil Procedure and is directed against an order No. 113 dated 6-2-2003 passed by the learned Joint District Judge, First Court, Dhaka in Title Suit No. 153 of 1992 rejecting an application for noncompliance of provisions of Order VIII, rule 1(5) of the Code of Civil Procedure. 2. The f......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.......fsaruddin Ahmed Vs. Banque Indosuez, 44 DLR (AD) 136; Moyesuddin Mondal Vs. Bena Rani Das and others, 45 DLR 154; Ram Lal Dhirta Ram Vs. The Delhi Municipal Corporation, Delhi AIR 1973 Delhi 112. Lawyers Involved: Mahmudul Islam with Abdul Quayaum, Sk Sharifuddin and Tapash Biswas, Advocatesâ..

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.......brief, is that the predecessor of the opposite parries Nos. 1-16. Sadek Hossain Howlader (since deceased) as plaintiff filed Title Suit No. 285 of 1971. in the Court of the Subordinate Judge, Barisal for declaration of title against the opposite parry Nos. 17-22 over the land described in the schedu......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.......oti Howlader Vs. ADC and others, 50 DLR 444; Delwar Hossain Vs. Government of Bangladesh and others, 50 DLR 494; HM Saya and Co Vs. Wajir Ali Industries Ltd and Habib Bank Limited, 21 DLR (SC) 50. Lawyers Involved: Selim Reza Chowdhury with Abdul Quayum—For the Petitioner. Not represented..

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. ......Khan, Advocate—For the Petitioner. Sk Md. Morshed, Advocate—For the Opposite Party. Civil Revision No. 1780 of 2004. Judgment Md. Abdul Aziz J. - This Rule has been posted in the list for hearing on the prayer of both the sides on maintainability of the same on the application filed ......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. ...... Azizul Hassan and another Vs. Malik Ghulam Muhammad, 1971 SCMR 123; Shankar Rao and others Vs. Raghunath Rao, AIR 1926(Nag) 75(1); Forman Ali Dewan and another Vs. Munsur Ali and ors, 13 DLR 836. Lawyers Involved: ASM Md. Ramzan Khan, Advocate—For the Petitioner. Sk Md. Morshed, Advocate..

Category: Procedural Law | Date: | Hits: 90