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Abdul Khaleque Vs. Hazera Begum and another, 2006, 35 CLC (HCD)
....24 of the Penal Code is not proved. However, considering the evidence on record, there is no doubt that an offence under section 323 has been committed by the accused petitioner. 8. In view of the facts and circumstances of the case, the parties being inhabitants of the same Municipal residential......urt High Court Division (Criminal Revisional Jurisdiction) Present: Md. Imman Ali J Abdul Khaleque……………………………………………..Petitioner Vs. Hazera Begum and another…………………………………Opposite Parties. Judgment March 9, 2006. ....... Initially an attempt was made to settle the matter, but since no compromise was reached, the informant lodged the case. 3. After investigation and due process of trial, upon consideration of the evidence of 5 prosecution witnesses and 1 defence witness, the learned trial Judge convicted the pet..Category: Criminal Law | Date: | Hits: 97
....edy, may invoke the extraordinary writ jurisdiction of the High Court Division if in the circumstances it can be shown that the alternative/remedy is not likely to be efficacious and effective in the facts and circumstances of the case. In the case of Nawabzada Md. Amir Khan Vs. Controller of Estate......Original Jurisdiction)
Present:
Tariq-ul-Hakim J
Afzal Hossain Ahmed J
Faruque Hasan…………………………………………………...Petitioner
Vs.
Titas Gas Transmission and Distribution Company Ltd. and others……..Respondents
Judgment
August 16, 2005.
Cases...... 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...
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.......riminal Revisional Jurisdiction) Present: Md. Anwarul Haque J Farah Mahbub J Abdul Ahad…………………………………………………………Accused Petitioner Vs. State and another……………………………………………….Opposite Parties. Judgment O......in the accused-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 ..Category: Criminal Law | Date: | Hits: 60
Kazi Moniruzzaman and others Vs. Kazi Nuruzzaman and others, 2006, 35 CLC (HCD)
....rned 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 facts relevant for disposal of the Rule may, briefly, be stated as follows; The predecessors of the ......This Case is also Reported in: 58 DLR (2006) 306.......es of those papers were given to the learned Advocate for the petitioners who received the same with objection. The petitioners filed an application on 28-11-2002 praying for not taking the same into evidence i.e. the item No. 26 money receipt, item No. 27 acknowledgement receipt of the original doc..Category: Property Law | Date: | Hits: 131
Mansur Ali Howlader Vs. Nurul Islam Howlader, 2004, 33 CLC (HCD)
.... application was rejected on 7-4-1985. The petitioner then again tiled another application under Order XXII, rule 10 read with section 151 of the Code of Civil Procedure on 13-4- 1985 stating all the facts in detail but it was rejected on 15-4-1985 and the learned Subordinate Judge decreed the suit ......…………..Petitioner Vs. Nurul Islam Howlader..........................................Opposite Parties. Judgment October 31, 2004. Cases Referred to- Indomoti Howlader Vs. ADC and others, 50 DLR 444; Delwar Hossain Vs. Government of Bangladesh and others, 50 DLR 494; HM Saya ......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)
....sted which has conclusively determined the right of the plaintiff to sue. The provision of subsection (2) of section 2 of the Code also includes a decree on rejecting of a plaint. It appears from the facts that the impugned decree rejecting the plaint has been passed under clause (a) of rule 11. Thi......¦â€¦â€¦â€¦â€¦.Petitioner Vs. Md. Moniruzzaman …………………………………………………..Opposite Party. Judgment July 19, 2005. Cases Referred to- S. Azizul Hassan and another Vs. Malik Ghulam Muhammad, 1971 SCMR 123; Shankar Rao and others Vs. Raghunath Rao, AIR ......tiff has no legal right, locus standi, cause of action, etc. and the trial Court upon hearing the parties rejected the plaint by the impugned judgment and decree without framing any issue, taking any evidence and conclusively determining the rights of the plaintiff to sue. He concludes contending th..Category: Procedural Law | Date: | Hits: 90
Amin Uddin (Md.) Vs. State, 2006, 35 CLC (HCD)
.... 16. As per above amended sub-section (1 ka) the Nari-o-Shishu Nirjatan Daman Tribunal can directly receive complaint from any aggrieved party if the complaint is accompanied by an affidavit stating facts that he or she failed to file or lodge complaint to police officer or authorized officer in la......Rule was issued under section 561A of the Code of Criminal Procedure at the instance of accused petitioner Md. Amin Uddin calling upon the sole state opposite party represented by Deputy Commissioner and District Magistrate, Brahmanbaria to show cause as to why the proceedings or Nari-o-Shishu Nirja...... 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)
.... reputation by producing a commodity and registering a trade mark for it, which is so similar to that of the earlier registered trade mark that the consumer is deceived and/or confused. 12. In the facts of the instant case, the first question that arises is with regard to the similarity of the tw......or Leave to Appeal here. Read the Civil Review Petition here. Supreme Court High Court Division (Civil Statutory Original Jurisdiction) Present: Md. lmman Ali J Nabisco Biscuit and Bread Factory Ltd…………………………….Petitioner Vs. Baby Food Products Ltd. ......learned Advocate, Mr. Hashmat Ullah Sheikh submitted that the opposition case was duly filed but unbeknown to the petitioner the learned Advocate engaged by it did not take further steps in producing evidence in support of the opposition and that fact did not come to the knowledge of the petitioner ..Category: Intellectual Property Law | Date: | Hits: 386
Motleb Mondal Vs. State & others, 2005, 34 CLC (HCD)
....matter was carried to it, ordered that there should be two separate trials in respect of the two cases. The matter was moved before the Supreme Court which after thorough hearing and consideration of facts, circumstances held ultimately, that a fair procedure to be adopted in the disposal of the two......e & others ……………………………………………...Accused-Opposite Parties. Judgment August 29, 2005. Cases Referred to: 18 DLR (SC) 474; 6 BLC 17; Nur Elahi Vs. State and others, 8 DLR (SC) 474. Lawyers Involved: Md. Shamsul Huda, Advocate—For the Petitioner.......aul to the Cognizance Court Jenaidah; upon receipt of the petition of complaint by Cognizance Court Jenaidah, the matter was referred for judicial enquiry by one Magistrate who held enquiry on taking evidence from the complainant and his other witnesses. After conclusion of Judicial Enquiry report w..Category: Criminal Law | Date: | Hits: 41
Sonali Bank Limited and Others Vs. Prime Global Limited and Others, 2011, 40 CLC (AD)
....s server. Besides, the postal receipt for sending the summons by post does not appear to have been filed, denying the presumption of service by post. 16. The irresistible conclusion from the above facts is that the decree, so far the deÂfendant No.2 is concerned, was passed withÂout any service......) 49, 16 MLR (AD) (2011) 151, 8 LG (AD) (2011) 119. ......from the date of receipt of this order in accorÂdance 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. ..Category: Civil Law | Date: | Hits: 102
Sonali Bank Limited and others Vs. M/s. Fair Chemicals (Pvt) Ltd. and others, 2011, 40 CLC (AD)
....nd perused the materials on record. It is alleged on behalf of the petitioners that the P.W.1 was examined on commission without serving any notice upon the learned Advocate of the defendants. In the facts and circumstances of the case, the order of the learned Joint District Judge allowing re-call ......is Order is also Reported in: 19 BLT (AD) (2011) 52. ...... Court to issue a commission to examine a witness, is an exceptional one and should be used carefully and only after being fully satisfied that there is no other way to examine the said witness whose evidence is necessary for proper disposal of the suit. An occasional illness or temporary infirmity ..Category: Civil Law | Date: | Hits: 82
Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed and others, 2006, 35 CLC (HCD)
....ohammed Jabeed as plaintiff instituted Other Suit No 76 of 1992 for declaration of title, separate possession and partition in the First Court of Subordinate Judge, Sadar, Chittagong. 3. The short facts relevant for the purpose Of this case are that the suit land belonged to Md. Ibrahim and RS kh......vil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Md. Rais Uddin J Kabir Ahmed Sawdagar…………………………………….Petitioner Vs. Md. Syed Saifuddin Jaheed and others…………………………Opposite Parties. Judgment March 7, 2006. Case Refe......W 1 Syed Saifuddin Zahed has been recorded and next date, was fixed on 22-11-1993 for further hearing of the suit. 2(two) subsequent dates, i.e. 22-11-1993 and 17-1-1994 were fixed for taking further evidence. The defendant No, 1 was present in Court on those dates but the learned trial Court was un..Category: Property Law | Date: | Hits: 115
Kazi Rashed Akhter Shahid (Prince) Vs. Rokshana Choudhury (Sanda), 2006, 35 CLC (HCD)
....opy of Kabinnama and an attested copy of talaq nama which have been marked Exhibit 1 and 1 (ka) respectively. 8. The learned Assistant Judge and Family Judge, Sadar Tangail on consideration of the facts and circumstances of the case and evidence on record decreed the suit ex parte on 17-10-2002 a......ision (Civil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Md. Rais Uddin J Kazi Rashed Akhter Shahid (Prince)…………………Petitioner Vs. Rokshana Choudhury (Sanda)………………………..Opposite Party. Judgment February 27, 2006. Cases Referre...... talaq nama which have been marked Exhibit 1 and 1 (ka) respectively. 8. The learned Assistant Judge and Family Judge, Sadar Tangail on consideration of the facts and circumstances of the case and evidence on record decreed the suit ex parte on 17-10-2002 allowing the prayer for restoration of co..Category: Family Law | Date: | Hits: 184
State Vs. Harun Chowdhury, District Magistrate and Mostafa Kamal, SP Sylhet, 2005, 34 CLC (HCD)
....rdination. We are in respectful agreement with the aforesaid decision reported in 51 DLR 515 and are of the view that in the present case the contemner No. 1 is also guilty of insubordination. In the facts and circumstances of the case, with all fairness the government should have been advised not t......ivil Appellate Jurisdiction) Present: Md. Mozammel Hossain J Md. Abdul Hye J State…………………………………………Petitioner Vs. Harun Chowdhury, District Magistrate and Mostafa Kamal, SP Sylhet…………… Contemners-Opposite Parties. Judgment May 24, 2005......y of a District and the other person being head of the Police Force in a District and it is not expected that they should violate or disobey the orders passed by this Hon'ble Court. From the material evidence on record and from Affidavits submitted by the contemners, we find that they have committed..Category: Civil Law | Date: | Hits: 1272
MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)
....oreover, without adducing evidence and exhausting proper hearing procedures an order for dismissal of plaint cannot be made. This Court sitting in writ jurisdiction cannot decide disputed question of facts i.e. act of bankruptcy and other requirements as per provisions of section 28. For the aforesa......in J Zubayer Rahman Chowdhury J MA Salam…………………………………………………………….Petitioner Vs. Additional District Judge & Dewlia Adalat, Chittagong and another…… Respondents. Judgment November 17, 2005. Cases Referred to- Messrs S......here is no merit in the Rule and the same should be discharged. 11. We have perused the writ petition, Supplementary-Affidavit, Affidavit-in-Opposition filed by the respondents and other materials evidence on record. 12. On perusal of the plaint of Bankruptcy Case No. 6 of 2000, it appears tha..Category: Civil Law | Date: | Hits: 131
Md. Lokman @ Lokman Vs. State, 2010, 39 CLC (AD)
....er under Section 302 and 34 of the Penal Code in Druta Bichar Tribunal Case No.13 of 2007 arising out of Narsingdi Police Station Case No. 01 dated 02-01-2001 corresponding to G.R. No.08 of 2001. The facts of the case, in brief, are that the informÂant being one of the brothers of the deceased lodg...... Lokman @ Lokman………………Petitioner Vs. The State………………………..............Respondents Judgment February 3, 2010. Cases Referred To- Bangladesh Vs. Paran Chandra Baroi, 1986 BCR (AD) 225; Taher Hossain Rushdi Vs. The State, 7 MLR (AD) 116; State Vs. Khondk......Rule requiring no interÂference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 156, 8 LG (AD) (2011) 81, 31 BLD (AD) (2011) 60. ..Category: Criminal Law | Date: | Hits: 73
Dhaka Leather Complex Ltd. Vs. Sikder Construction Ltd. and another, 2009, 38 CLC (AD)
....08-1999 under Section 14(2) and Section 17 of the Arbitration Act, 1940 praying for a direction upon the Umpire to file the award dated 15-10-1996 and make the said award Rule of the Court. 3. The facts of the case of the plaintiff respondent in short are that the plaintiff respondent entered int......resent: MM Ruhul Amin CJ Md. Abdul Aziz J BK Das J Md. Muzammel Hossain J Dhaka Leather Complex Ltd………………………………….Appellant Vs. Sikder Construction Ltd. and another………………….Respondents Judgment August 4, 2009. Cases Referred To- ......ost. The impugned judgment and order dated 18-08-2003 passed by the High Court Division in First Appeal No. 255 of 2002 is hereby affirmed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 75...Category: Alternative Dispute Resolution | Date: | Hits: 187
Abdur Razzaque Zoarder and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....yond the above referred provisions of the Rules, draw this Court's attention to various office orders in particular as evidence of entitlement having legally accrued to respondent Nos. 6 to 13 in the facts and circumstances of this case to be considered for appointment as effected under Annexure-C t...... is also Reported in: 58 DLR (2006) 245. ......in further explaining the legal and administrative sanction operating over and beyond the above referred provisions of the Rules, draw this Court's attention to various office orders in particular as evidence of entitlement having legally accrued to respondent Nos. 6 to 13 in the facts and circumsta..Category: Employment/Service Law | Date: | Hits: 79
Abdul Mannaf (Md.) Vs. Md. Sohrab Ali Akand & others, 2005, 34 CLC (HCD)
....n additional written objection, contended that the disputed land is a "Chandina" land situated within Ghorail Bazar and, as such, it is not pre-emptable. 4. The trial Court on consideration of the facts, circumstances and evidence adduced by the parties disallowed the pre-emption holding that the...... Division (Civil Revisional Jurisdiction) Present: Afzal Hossain Ahmed J Abdul Mannaf (Md.)…………………………………………………. Petitioner Vs. Md. Sohrab Ali Akand & others ……………………………………...Opposite Parties. Judgment July ......ction, contended that the disputed land is a "Chandina" land situated within Ghorail Bazar and, as such, it is not pre-emptable. 4. The trial Court on consideration of the facts, circumstances and evidence adduced by the parties disallowed the pre-emption holding that the disputed land is a "Chan..Category: Property Law | Date: | Hits: 91
Alimuddin and others Vs. Abdul Kabir and others, 2003, 32 CLC (HCD)
....int District Judge, 1st Court, Kishoreganj in Title Appeal No. 372 of 1993 should not be set aside and/or pass such other or further order or orders as to this Court deems fit and proper. 2. Short facts necessary for the purpose of the Rule is that the petitioners as plaintiffs instituted Partiti......for compliance. Ed. This Case is also Reported in: 58 DLR (2006) 240....... with the appeal in accordance of law. Send down a copy of this judgment to the learned Joint District Judge, Kishoreganj for compliance. Ed. This Case is also Reported in: 58 DLR (2006) 240...Category: Procedural Law | Date: | Hits: 93
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