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Osi Meah Sowdager Vs. Tulsidham Akherar Madan Mahan Narasingha and others, 2002, 31 CLC (HCD)
....kherar Madan Mahan Narasingha and others ………………Opposite Parties Judgment May 13, 2002. Lawyers Involved: Not represented— the Petitioner. Bhishna Dev Chakroborty, Advocate—For the Opposite Parties. Civil Revision No. 5361 of 1991 with Civil Revision No. 5361 of 1......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......esting defendant in 1970, which necessitated the filing of Other Suit No. 99 of 1970, re-numbered as Other Suit No. 130 of 1976 and Other Suit No. 49 of 1976 respectively for declaration of title and recovery of khas possession and for declaration of title and confirmation of possession in the suit ......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)
....vernment of Bangladesh and others….. Respondents Judgment January 16, 2002. Cases referred To- Mostafizur Rahman vs. Bangladesh 44 DLR 317; Habiba Mahmud 54 DLR (AD) 89; H Saha vs. State of West Bengal AIR 1974 (SC) 2124. Lawyers Involved: M Amirul Islam, Advocate — For the ......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.......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)
....… Respondent Judgment December 11, 2001. Cases Referred To- Syed Mokbul Hossain vs. Bangladesh 44 DLR 39; AR Shams Md. Doha 46 DLR 405. Lawyers Involved: Rokanuddin Mahmud, Advocate — For the Petitioner. Abul Khair Azim, Advocate — For the Respondent. Writ Petition No......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.......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)
....s Referred To- MA Wahab and another vs. Abul Kalam and another 44 DLR (AD) 13; Mohammad Ramzan Sawadagar vs. AHM Fazlul Huq 15 DLR 99; 34 DLR 325. Lawyers Involved: Syed Mahmud Hossain, Advocate—For the Petitioner. Nikhilesh Dutta, Advocate—For the Opposite Parties. Civil Revision......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......f 1983. 15. Having regard to the facts and circumstances of the case there will be no order as to costs. Send down the record at once. Ed. This Case is also Reported in: 54 DLR (2002) 399.......f 1983. 15. Having regard to the facts and circumstances of the case there will be no order as to costs. Send down the record at once. Ed. This Case is also Reported in: 54 DLR (2002) 399...Category: Procedural Law | Date: | Hits: 62
Abdul Mannan Miah Vs. Md. Salaiman Miah, 2000, 29 CLC (HCD)
....editiously preferably within three (3) months from the date or receipt of this judgment. Ed. This Case is also Reported in: 54 DLR (2002)394.......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.......s, the petitioner claimed proprietary right on the trade mark Arminous registered in their favour on 16-8-66 and since renewed for 15 years from 6-8-73 and the respondent No.1 who is also a trader of arms and ammunition, imported 105 revolvers bearing trade mark Arminous which remained in the custod..Category: Intellectual Property Law | Date: | Hits: 200
Zahid Hossain @ Paltu and others Vs. State, 2002, 31 CLC (HCD)
....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. ......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 ......told them that money will be distributed on receipt of the sale-proceeds and warned them for not to disclose the matter. Then they departed. PW 3 added that subsequently he received information as to recovery of paddy and he came to police and disclosed the matter to police and made statement before...... 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)
....y 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.......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......at the counter‑claim of the defendants is not entertainable by the Subordinate Judge and Artha Rin Adalat. Only the financial institution can institute the suit in the Court of Artha Rin Adalat for recovery of loan. 18. Be that as it may the plaintiff had instituted the said suit in The Court o......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)
....…petitioner Vs. Protiva Rani Sen Gupta and others…………Opposite Parties Judgment January 6, 2003. Cases Referred To- Kazi Abdul Awal Zewar Rashid Vs. Dhaka Municipal Corporation and another, 45 DLR 509; P Moosa Kutty Petitioner, AIR 1953, Madras, 717. Lawyers Involved:......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.......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)
....ellants Zakir Hossain and Suruj Miah be accordingly upheld. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 137.......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....... 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)
....esh, 48 DLR 431; Farzana Vs. Securities and Exchange Commission, 54 DLR 66; Manjurul Huq Vs. Bangladesh and others, 44 DLR 239. Lawyers Involved: Zakir Hossain Munshi with Md. Shamsul Huq, Advocates‑ For the Petitioner. Dr. Kamal Hossain with M Ziaul Hassan and TanjibÂul Alam, Advocatesâ......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. ......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)
.... 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.......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.......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)
.... 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. ......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......2002 is M/s. Islam Steel Mills Limited, and the respondent No.1 in the other two appeals is M/s. Karnaphuli Cotton Mills Limited (plaintiffs), who instituted Money Suit Nos. 44, 45 and 46 of 1994 for recovery of Tk. 28,03,624.45, Tk. 30,10,503, 74 and Tk. 68,27,299.42 respectively with the interest ......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
Azim vs. Naim Ara Begum, 2003, 32 CLC (HCD)
....er Musa Khaled J Azim………………………………………..Petitioner Vs. Naim Ara Begum..................Opposite Party Judgment April 30, 2003. Case Referred To- Subrati-appellant vs Kunz Behari Lal and others respondent, AIR 1946, Allahabad 403. Lawyers Involved......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. ...... 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)
....restored. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 155. ......r about the sale. DW5 Fazlur Rahnian who is the negotiator and Chairman has admitted that the preÂemptor 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. ......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)
....s 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. ......ar Hossain Howlader. Thereafter, deceased immediately was taken to the hospital for treatment but in the early part of following day i.e. on 7‑2Â-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. ...... 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)
....ondents Judgment August 13, 2002 Cases Referred To- Altaf Hossain vs Abbas Ali and another 45 DLR 374; Asker Ali vs Shamsul Alam 4 MLR (AD) 190. Lawyers Involved: AFMA Rahman, Advocate-For the Petitioner. Khan Saifur Rahman, Senior Advocate-For Respondent No.1. Civil Revisio......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....... 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
Abdul Motaleb & others Vs. Aftab Miah and another, 2002, 31 CLC (HCD)
....sence of any TM 55. Therefore, we find no substance in the appeal which must fail. Ed. This Case is also Reported in: 56 DLR (2004) 145.......as the impugned decision that the learned Advocate appearing for the appellant admitted before the Registrar that on 1‑3‑2001 no copy of the evidence was forwarded to the applicant as there is no time limit provided by Rule 33 of the Revised Trade Marks Rules, 1963 for sending the evidence to th...... appellants, as there was no occasion to do so in the absence of any TM 55. Therefore, we find no substance in the appeal which must fail. Ed. This Case is also Reported in: 56 DLR (2004) 145....... appellants, as there was no occasion to do so in the absence of any TM 55. Therefore, we find no substance in the appeal which must fail. Ed. This Case is also Reported in: 56 DLR (2004) 145...Category: Intellectual Property Law | Date: | Hits: 181
Abul Kashem and others Vs. State, 2003, 32 CLC (HCD)
.... Hossain may therefore; be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 132.......nt Anowar Hossain Pintu started for Burichang without waiting for the Chairman to come back home with dagger in their hands saying that they would demand justice from the Chairman on the way. At that time accused Nabalak Mia (since acquitted) called the condemned prisoner Abul Kashem and accused app......ate were not formally proved and admitted in evidence by examining the concerned Magistrate, the defence was not entitled to refer to the aforesaid statements for contradicÂtions. With regard to the recovery and seizure of the knife taken as alamat in this case it is submitted by the learned Deputy......thwith. Convict appellant Anwar Hossain Pintu alias Anwar Hossain may therefore; be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 132...Category: Criminal Law | Date: | Hits: 39
State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)
....2/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124.......k without consent of first wife Rokeya Begum. Relationship between accused Shah Alam and Rokeya Begum had been strained. Accused Shah Alam used to torture Rokeya Begum in various manners at different times. On account of torture Rokeya Begum left the house of accused Shah Alam and went to her father......But Judgment of Conviction for the offence of sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124.......But Judgment of Conviction for the offence of sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124...Category: Criminal Law | Date: | Hits: 31
Serajul Islam Bhuiyan (Md) Vs. Bangladesh Water Development Board & others, 2003, 32 CLC (HCD)
.... Jurisdiction) Present: Amirul Kabir Chowdhury J Md. Nizamul Huq J Serajul Islam Bhuiyan (Md)……………………………………………………..Petitioner Vs. Bangladesh Water Development Board & others………………….Respondents. Judgment April 15, 2003......ate Affidavits-in-Opposition. 5. The case of the respondent Nos. 1‑5 is that, the petitioner has raised disputed questions of fact and, as such, the petition is not maintainable, and that at the time of passing the impugned transfer order, the petitioner was not on duty at Khagrachari as Sub-As......grachari to Rangamati Operation and Maintenance Division is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 120.......grachari to Rangamati Operation and Maintenance Division is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 120...Category: Employment/Service Law | Date: | Hits: 77
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