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Tofazzal Hossain (Md) and others Vs. Momtaz Begum & others, 1999, 28 CLC (HCD)
...., entitled to an opportunity to verify the genuineness of the said SA Khatian proving co-sharership of the pre emptor in the jote. The question of separation of the case jama was never raised at that time and no objection was taken thereon. 12. After the appeal went back on remand for a fresh hea......turia in Miscellaneous (Pre-emption). No.5 of 1995 allowing pre-emption are affirmed. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 223...Category: Property Law | Date: | Hits: 31
Shah Alam (Md.) Vs. Abul Kalam and others, 2001, 30 CLC (HCD)
....aware of the preemption case. The purchased land is still in the possession of her husband. When workers of the preemptors went to the said land for weeding, her father learnt from them for the first time about the preemption case. Then on 28-9-98 her father by search through clerk Nurul Huq became ......d 28-11-99 are hereby set aside. Order of stay as granted at the time of the Rule is recalled and vacated. Let the records be sent down. Ed. This Case is also Reported in: 54 DLR (2002) 277. ..Category: Limitation Law | Date: | Hits: 175
Anil Kumar Ghosh Vs. Shamir Kumar Ghosh, 2001, 30 CLC (HCD)
....Trade Mark Application No. 3 of 2000, as stated in the petition, are that the petitioner has been engaged in the business of manufacturing and marketing of pure gawa ghee for a considerable length of time. To distinguish his product the petitioner adopted a trade mark consisting of the words “Bagh......29 and No. 55568 in class 29 are expunged from the register of the Trade Marks and the Registrar is directed to rectify the same accordingly. Ed. This Case is also Reported in: 54 DLR (2002) 273...Category: Intellectual Property Law | Date: | Hits: 200
Protima Sen and others Vs. Chitra Rani Dey and another, 1999, 28 CLC (HCD)
.... 8. Defendant opposite party No.1 resisted the aforesaid application for determination of the price of 1/3rd share of the suit property by filing written objection contending, inter alia, that at the time of purchase of the suit property the value of the land was much more than the value shown in th......of the order of the Court. Communicate the order to the learned Court below immediately for his information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 218. ..Category: Property Law | Date: | Hits: 42
Tanveerul Haque Vs. Unistar Shipping Limited and ors., 1999, 18 CLC (HCD)
....rs retaining 525 shares in each company i.e. 35% share holding therein, while the Group A share holders holding the balance 65% share holding and both the companies earned profits up to 1992. At that time the plaintiff companies came to learn that their principal the German Company may cancel their ......int of Money Suit No. 31 of 1995 of the Subordinate Judge 2nd Court, Chittagong is hereby rejected. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 215...Category: Company Law | Date: | Hits: 197
....s Sccundum Volume 39 habeas corpus is stated thus:
“The writ of habeas corpus is writ directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place, with the day and cause of his caption and detention, to do, submit to, and receive w...... at liberty at once, if not required in any other case.
Let an advance order be sent to Superintendent, Barisal Jail, Barisal immediately.
Ed.
This Case is also Reported in: 54 DLR (2002) 266...
Category: Criminal Law | Date: | Hits: 39
Kalandiar Kabir Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....done by us), we are of the view that the order of detention cannot be said to be invalid on the ground as argued by M Islam. 5. Mr. Islam also argued that the materials recovered and seized at the time of his arrest may come within the omitted clause (g) of section 2 of the Special Powers Act, 19......ntral Jail, Dhaka is being held in custody without any lawful authority and he be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (2002) 258. ..Category: Constitutional Law | Date: | Hits: 195
Nure Alam and others Vs. State, 2002, 31 CLC (HCD)
....is hit by section 162 of the Code of Criminal Procedure and falls under the category of statements, to the police, which is not admissible in evidence, since the GD Entry was made earlier in point of time. The same is the first information report and the subsequent first information report is a stat......oner, Tangail will take immediate step to secure his arrest to serve out the sentence. Send down the lower Court’s record immediately. Ed. This Case is also Reported in: 54 DLR (2002) 242. ..Category: Criminal Law | Date: | Hits: 42
Parimal Chandra & others Vs. Shaheda Begum and others, 1999, 18 CLC (HCD)
....ed by the defendants by fraudulent suppression of all legal processes and by practising fraud upon the Court and, as such, the same is liable to be set aside. It has been contended that for the first time on 19-6-87 they came to learn that defendant Nos.1-3 of the suit managed to obtain the ex parte......rdinate Judge, Barguna in Title Suit No.18 of 1987 decreeing the suit are maintained. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 206...Category: Procedural Law | Date: | Hits: 81
Bashiruddin (Md) Vs. Bangladesh and others, 1999, 18 CLC (HCD)
....was executed prior to the approval of the bid that was made by the petitioner in the 6th schedule, by the prescribed authority and that possession of the fishery was also made over to petitioner at a time when petitioners bid was not approved by the Divisional Commissioner and, as such, even if leas......t of the petitioner is not a merited one. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 201...Category: Property Law | Date: | Hits: 33
Mahbubul Huq (Md) Vs. Md. A Kader Munshi & others, 1999, 18 CLC (HCD)
.... 2-11-94 in said Civil Revision No.732 of 1990, the High Court Division discharged the Rule vide its judgment and order dated 31-1-95 and the plaintiff opposite party No.1 thus did not get sufficient time to verify those copies. The plaintiff-opposite party No.1 further stated in his plaint of the p......e copy of this judgment and order. The office is hereby directed to send a copy of this judgment to the trial Court at the earliest. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 194...Category: Property Law | Date: | Hits: 64
Nazem Uddin Vs. Election Tribunal and others, 1999, 18 CLC (HCD)
....n in the case of Md. Mokbul Hossain Vs. Shamsul and others, 14 BLD (AD) 232 has laid down, inter alia,- “That the election disputes should be settled by the Tribunal within the quickest possible time otherwise the exercise would be meaningless. All the objections in the proceeding may be raised......to cost and the stay order 23-3-98 staying further proceeding of case No.1/98 pending before the Election Tribunal is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 189. ..Category: Election Law | Date: | Hits: 78
Abdus Salam Vs. Md. Munshi Rashed Kamal & another, 2002, 31 CLC (HCD)
....inant opposite party on 25-10-1999 for three months only. This transaction was made in the office of the opposite party No.1. But the accused petitioner did not return the said loan amount within the time despite repeated reminders made by the complainant-opposite party. Subsequently, the accused-pe......stay granted earlier by this Court is vacated. Let a copy of this judgment be sent to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 234. ..Category: Criminal Law | Date: | Hits: 62
Elders Ltd. Vs. Sunil Chandra Chowdhury & another, 2002, 31 CLC (HCD)
....and 29059 in Class 29 with effect from 12-7-89 and after initial registration of these marks they were renewed for a further period of 15 years with effect from 12-7-96. It is alleged that in the meantime KAS Dairies Ltd. (hereinafter called “the company”) also obtained registration of the simil...... sentence him to pay fine of Taka 2,000 (two thousand) only and in default to suffer simple imprisonment for a period of 15 (fifteen) days. Ed. This Case is also Reported in: 54 DLR (2002) 227. ..Category: Intellectual Property Law | Date: | Hits: 181
Santi Bhusan Deb Vs. Principal Officer, Samabaya Bank Ltd., 2001, 30 CLC (HCD)
....titioner paid the rent up to the month of February, 1991 as usual against rent receipts. In spite of that agreement the opposite party bank used to accept the accumulated rents of several months at a time granting rent receipts to the petitioner. The opposite party appellant bank thereafter suddenly......e affirmed. The order of stay granted by this Court stands vacated. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 224. ..Category: Property Law | Date: | Hits: 34
Mafizul Hoq Bebu (Md) Vs. Majida Begum and others, 2001, 30 CLC (HCD)
....ing such prayer for expert’s opinion. Consequently, we do not find any merit in the Rule. In the result, the Rule is discharged without any order as to costs. The order of stay as granted at the time of issue of the Rule is hereby re-called and vacated. The learned Subordinate Judge is directed......e is hereby re-called and vacated. The learned Subordinate Judge is directed to dispose of the suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 219. ..Category: Property Law | Date: | Hits: 28
Idris alias Jamai Idris Vs. State, 2000, 29 CLC (HCD)
....ally the further investigation was heard on the basis of an order of Police Commissioner, Khulna Metropolitan Police. It is also true that the present petitioner was shown as an accused for the first time in this supplementary charge-sheet, So, the questions before us is whether further investigatio......n also cannot be a ground for quashing the proceedings against the present petitioner. The application is, thus, summarily rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 184...Category: Procedural Law | Date: | Hits: 65
Joynal Bhuiyan & another Vs. State, 2000, 29 CLC (HCD)
....y of her daughter to morgue for post mortem examination. She learnt that her daughter died in the night. In cross-examination this P.W. stated that she gave a cow to the accused Joynal Bhuiyan at the time of re marriage of her daughter which she had taken back. This P.W. was further cross-examined b......er, Tangail are hereby directed to take necessary steps to apprehend allellant No. 2 Sultan Bhuiyan Send down the records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 179. ..Category: Criminal Law | Date: | Hits: 28
State Vs. Moslem, 2002, 31 CLC (HCD)
....on on 19‑11‑1995. Police of Singair Police Station received Condemned Prisoner under GD. Entry No. 630 dated 19‑11‑1995. Condemned Prisoner, also, made different false statements at different times. Condemned Prisoner disclosed that he had left victim Salma in the house of Babul Chairman at ......upon condemned prisoner is maintained and Death Sentence imposed upon him is confirmed. Sentence shall be executed ill accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 116. ..Category: Criminal Law | Date: | Hits: 82
....uating the evidence of the first party opposite party No.1 and therefore, came to the conclusion that the first party, Sree Khitish Chandra Achari was in possession of the Debuttera properties at the time of initiation of the proceeding under section 145 of the Code of Criminal Procedure as proved b......on record and, as such, the impugned judgment is liable to be set aside.
4. Learned Advocate for the opposite party No.1 submitted that as the learned Magistrate gave importance to the question of appointment of Mohanta without giving importance to the oral and documentary evidence of possession ..
Category: Criminal Law | Date: | Hits: 32
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