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Ferdousi Islam Vs. Nur Mohammad Kha and others, 2000, 29 CLC (HCD)

....Karim, Advocate — For the Petitioner. AKM Zahirul Haque, Assistant Attorney-General — For the Respondents. Criminal Revision No. 354 of 1998. Judgment Amirul Kabir Chowdhury J. - This Rule was issued at the instance of the informant-petitioner calling upon the opposite parties to sho......cordance with law. But existence of any such case cannot entitle the accused opposite parties to be discharged under section 265C of the Code from the instant case. In the result, the Rule is made absolute. The order dated 13-4-1998 passed in Sessions Case No. 4 of 1997 is set aside. The trial Co..

Category: Criminal Law | Date: | Hits: 33

Mustafa Kabir Uddin Ahmed Vs. Badrun Nessa Chowdhury, 2002, 31 CLC (HCD)

....awyers Involved: Samarendra Nath Goswami, Advocate—For the Petitioner. Not represented — For the Opposite Party. Civil Revision No. 4607 of 1995. Judgment N K Chakravartty J. - The Rule at the instance of plaintiff-petitioner was issued calling upon the Opposite Party to show caus......hus disposed of on the above terms and conditions. Let the lower court’s records down expeditiously with a copy of this judgment and order. Ed. This Case is also Reported in: 54 DLR (2002) 416...

Category: Procedural Law | Date: | Hits: 83

Dewanbagh Darbar Sharif and another vs. Government of the People’s Republic of Bangladesh and others, 2002, 31 CLC (HCD)

.... Kamrunnessa, Assistant Attorney-General—For the Respondents. Khondaker Mahbub Hossain, Advocate—For the Applicant. Writ Petition No. 388 of 2002. Judgment Md. Hamidul Haque J. - This Rule was issued calling upon the respondents to show cause as to why they should not be directed to ......er than his own.” The enjoyment of fundamental right as mentioned in clauses (a) and (b) of Sub-Article (1) of Article 41 is subject to any law, public order and morality. So, the rights are not absolute. Restriction may be imposed by law for the sake of public order or morality. But such restr..

Category: Property Law | Date: | Hits: 25

Golam Mohammad Khan Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)

....Involved: M Amirul Islam, Advocate — For the Petitioner. Zaman Akter, Assistant Attorney-General— For the State. Writ Petition No. 6911 of 2001. Judgment Md. Hamidul Haque J.- This Rule was issued calling upon the respondents to show cause as to why the detenu Al-Haj Mokbul Hossai......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)

....ers Involved: Rokanuddin Mahmud, Advocate — For the Petitioner. Abul Khair Azim, Advocate — For the Respondent. Writ Petition No. 6035 of 2001. Judgment Md. Hamidul Haque J. - This Rule Nisi was issued calling upon the respondents to show cause as to why impounding of the petition......e petitioner was communicated to the petitioner and, as such, there was no scope of preferring any appeal. So, according to us, the writ petition can be maintained. In the result, the Rule is made absolute. It is declared that the seizure of the passport No. Q0506331 of the petitioner and subsequ..

Category: Others | Date: | Hits: 102

Makbul Ahmed and others Vs. Mohammedullah and others, 2000, 29 CLC (HCD)

....ers Involved: Syed Mahmud Hossain, Advocate—For the Petitioner. Nikhilesh Dutta, Advocate—For the Opposite Parties. Civil Revision No. 818 of 1986. Judgment Md. Awlad Ali J. - This Rule arises out of judgment and order dated, 15-7-86 passed by the Additional District Judge Noakhal......nder section 151 CP Code but following the above principle this court can interfere and correct the error committed by the learned Subordinate Judge. 14. For the foregoing reasons the Rule is made absolute. The orders dated 12-9-94 and 16-9-84 are set aside. The learned Subordinate Judge is direc..

Category: Procedural Law | Date: | Hits: 62

Abdul Mannan Miah Vs. Md. Salaiman Miah, 2000, 29 CLC (HCD)

..... Lawyers Involved: SK Siddique, Advocate—For the Appellant. Shafique Ahmed with Kazi Kamrul Alam, Advocates—For the Respondent. Appeal from Original Order No. 321 of 2000 with Civil Rule No. 483 (fm) of 2000. Judgment Md. Tafazzul Islam J. - The appellant preferred this First......n was granted on 1-4-95 restraining Universal Pharmaceutical Ltd. from marketing and selling their products, Oralsaline, and on 14-10-95 after hearing the said order of ad interim injunction was made absolute. Being aggrieved, Universal Pharmaceutical Ltd. filed appeal and the High Court Division, e..

Category: Intellectual Property Law | Date: | Hits: 200

Abul Member and Abul Hussain Vs. Secretary, Ministry of Home Affairs and others, 2002, 31 CLC (HCD)

....ment Md. Ali Asgar Khan J.- In this application under section 491 of the Code of Criminal Procedure the detention of the detenu Rahat has been challenged by the petitioner who obtained the instant Rule on 18-3-2002. 2. The petitioner who is the father of the detenu has stated in the applicatio......tention order of the detenu is illegal and, as such, the Rule is liable to be discharged. Accordingly, the Rule is liable to be discharged. Ed. This Case is also Reported in: 54 DLR (2002)392...

Category: Criminal Law | Date: | Hits: 22

Chairman, Governing Body, Bangladesh Rifles School and College Vs. Chairman, Governing Body, Bangladesh Rifles School and College Vs. Md. Gholam Kibria and others, 2010, 39 CLC (AD)

....nt Md. Abdul Matin J. - This appeal has been filed against the judgment and order dated 29.03.2005 passed by a Division Bench of the High Court Division in Writ Petition No.1911 of 2004 making the Rule absolute. The writ petition was filed impugning the Memo. No.998(8) dated September 16, 2003 (A...... Md. Abdul Matin J. - This appeal has been filed against the judgment and order dated 29.03.2005 passed by a Division Bench of the High Court Division in Writ Petition No.1911 of 2004 making the Rule absolute. The writ petition was filed impugning the Memo. No.998(8) dated September 16, 2003 (Annexu..

Category: Employment/Service Law | Date: | Hits: 133

Zahid Hossain @ Paltu and others Vs. State, 2002, 31 CLC (HCD)

.... 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. ......ce against any person who went on absconding or hiding unless such abscondence is substantiated by evidence in favour of his guilt incompatible to his plea of innocence. In the case before us we find absolutely no evidence against any of the five appellants. The learned Additional Sessions Judge kep..

Category: Criminal Law | Date: | Hits: 35

Nadera Banu Vs. Protiva Rani Sen Gupta and others, 2003, 32 CLC (HCD)

.... H Khandaker & KMS Hossain, Advocates‑ For the Petitioner. Nikhilesh Dutta, Advocate‑ For the Opposite Parties. Civil Revision No. 5190 of 2002. Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 11‑9‑02 passed by the 1st. Court of Joint District Judg....... 3. The plaintiff-opposite parties opposed the Nadera Banu said application of the petitioner contending, inter alia, that the identity of the suit land was not in dispute and, as such, there was absolutely no necessity for local investigation. In was further contended that the present move was ..

Category: Property Law | Date: | Hits: 31

Zakir Hossain Munshi Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)

....n and Tanjib­ul Alam, Advocates‑ For Respondent No. 2. Mashuque Hossain Ahmed, Advocate— For the Respondent No. 1. Writ Petition No. 2528 of 1999. Judgment Md. Joynul Abedin J.- This Rule Nisi under Article 102 of the Constitution of the People's Republic of Bangladesh, issued at th......uck down. If any royalty and licence fees were realised every year in the past from the petitioner, the same is directed to 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 i..

Category: Information Technology Law | Date: | Hits: 217

Janata Insurance Company Ltd. Vs. M/s. Islam Steel Mills Limited and another, 2010, 39 CLC (AD)

....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. ......been brought in the Transfer of Property Act from the Policies of Insurance (Marine and Fire) Assignment Act, 1866. Under this section an assignee of fire or marine insurance can claim its benefit if absolute ownership in the insured property is vested in him. There is no dispute that the policies o..

Category: Business or Commercial Law | Date: | Hits: 212

Md. Mominul Islam Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)

....referred to as the Tribunal, challenging his dismissal vide order dated 07.08.2002 on the basis of the departmental inquiry following the provisions of the Government Servants (Discipline and Appeal) Rules, 1985, hereinafter referred to Rules, 1985. The petitioner asserted that he was appointed as T......aid facts and circumstances of the case, we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 474...

Category: Administrative Law | Date: | Hits: 192

Azim vs. Naim Ara Begum, 2003, 32 CLC (HCD)

..... Lawyers Involved: Golam Mostafa, Advocate-For the Petitioner. AA Chowdhury Advocate-For the Opposite Party. Civil Revision No. 2969 of 1997. Judgment Khondker Musa Khaled J.- This Rule arising out of an application under section 25 of the Small Cause Court Act 1887, is directed a...... 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)

....r Rahman and Kazi Sadrul Hoque, Advocates-For the Petitioner. Bhishmadev Chakraborty, Advocate-For the Opposite Parties. Civil Revision No. 4343 of 1999. Judgment Mir Hashmat Ali J.- This Rule under section 115 of the Code of Civil Procedure was issued against the Judgment and order date......misread and misconstrued the evidences on record and committed an error of law resulting in an error in the decision occasioning failure of Justice. 17. In that view of the matter the Rule is made absolute without any order as to costs. 18. The Judgment and order dated 7‑7‑1999 passed by t..

Category: Property Law | Date: | Hits: 39

Nurujjaman and others (Md) Vs. Md. Sajjad Ali and others, 2002, 31 CLC (HCD)

....Lawyers Involved: AFMA Rahman, Advocate-For the Petitioner. Khan Saifur Rahman, Senior Advocate-For Respondent No.1. Civil Revision No. 3152 of 2001. Judgment Md. Abdur Rashid J.- This Rule was obtained by the defendant Nos. 1 to 3 upon making a revision application under section 115(...... 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)

....n 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 the applicant and, as suc...... 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)

....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.......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)

....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