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Rafiqul Islam Howlader alias Md. Rafiq Howlader Vs. Syed Abdul Hamid and others, 2010, 39 CLC (AD)
....l point to interfere with the impugned judgment and order passed by the High Court Division. In the premises the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 19.......laiming their title and possession, on the basis of registered deed from the vendors and that they got their names mutated in the records of right and paying rent to the Government in accordance with law. But the government recorded the suit land in the khas Khatian illegally and trying to settle ..Category: Property Law | Date: | Hits: 93
Md. Abdul Barik and another Vs. Most. Serajan Nessa and another, 2010, 39 CLC (AD)
....bove, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 16. ......tted in evidence that নালিশী কবলা ভুক্ত জমি জমা ভাইয়ের পুত্র গন আবাদ করে” and that the High Court Division erred in law in not holding that without seeking consequential relief. The simple suit for declaration that t..Category: Property Law | Date: | Hits: 84
Commissioner of Customs and others Vs. Ruhul Amin Bachuchu and others, 2009, 38 CLC (AD)
....of paper book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till hearing of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 14. ......of paper book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till hearing of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 14. ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Ayesha Siddika and others Vs. Sayed Rafiqul Islam Rafiq and others, 2010, 39 CLC (AD)
....orrect decision and discharged the rule. We therefore find no reason to interfere with the same. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 11. ......Division in Civil Revision No. 2070 of 2009. 5. Mr. Abdus Salam Khan, learned Senior Counsel appearing for the petitioners, argued that the learned Single Judge of the High Court Division erred in law in not staying the further proceedings of the execution case in failing to consider that law e..Category: Property Law | Date: | Hits: 89
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
.... of any Act of Parliament by passing a repealing Act providing certain consequences stated in Sub-Section (a), (b), (c), (d) and (e) of Section 6 of the Act. 18. The sole object of a repealing and amending Act is to get rid of certain provisions of obsolete matter and replacing the same by subseq...... 2002 was saved by the Ordinance of 2008 with some modifications of the provisions of the Ain of 2002 and the provisions of Ordinance of 2008 was saved by the Ain of 2009 and there is a continuity of law relating to the Money Laundering Protirodh Ain and as such the case should be disposed of under ..Category: Civil Law | Date: | Hits: 174
State Vs. Saiful Islam and another, 2003, 32 CLC (HCD)
.... maintained with the modification of the sentence of condemned prisoner Fazilutennessa as stated above. Lower Court record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 376. ......rence at about 4‑00 PM and went to the place of occurrence accompanying PW4, the Chairman of the local Union Parishad. He was a witness of the seizure list and he proved the same in accordance with law. PW3 Mustafa Kamal is also a witness of the seizure list and he proved the same. PW4. Kamaluddin..Category: Criminal Law | Date: | Hits: 84
Atiqur Rahman Mullah Vs. Abul Kalam Azad and others, 2002, 31 CLC (HCD)
....he cost to the learned Advocate for the petitioner by 15th January, 2003, in default, the application for rehearing shall stand rejected. Ed. This Case is also Reported in: 56 DLR (2004) 373. ......e Division against the judgment and order passed by this Court which fact has been admitted by the applicant in the supplementary affidavit, so the application for re‑hearing is not maintainable in law and the same is liable to be rejected on the ground of maintainability. 7. It appears that th..Category: Property Law | Date: | Hits: 73
Razia Sultana Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....annot now exercise its powers under Article 8 of the Order. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 366. ......ondents to show cause as to why the order of respondent No. 2 contained in Memo No. Liquidator/300/57/532 dated 9‑3‑1986 (Annexure‑1) should not be declared to have been made and issued without lawful authority and of no legal effect. 2. It is stated in the petition that the petitioner is ..Category: Business or Commercial Law | Date: | Hits: 194
Virginia Tobacco Company (BD) Ltd. Vs. Registrar of Trade Marks and another, 2000, 29 CLC (HCD)
....ing heard to the parties and the parties will be at liberty to adduce further evidence if they want. There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 362. ...... that the Government of Bangladesh has imposed ban of the State Express 555 Cigarettes manufactured by the respondent No. 2 and therefore, the respondent No. 14 could not claim to be prejudiced under law. It has further been contended that since the mark of the appellant does not resemble the mark o..Category: Intellectual Property Law | Date: | Hits: 226
Jashimuddin (Md.) alias Md. Jashimuddin Vs. Dali Begum and another, 2003, 32 CLC (HCD)
.... In that view of the matter, the Rule is discharged without any order as to costs. The stay order granted by this Court is hereby vacated. Ed. This Case is also Reported in: 56 DLR (2004) 358. ......hirul Hoque is not the legitimate child of the defendant No. 1 and, as such, the plaintiff and her son are not entitled to get any maintenance and that the suit has not been filed as per provision of law and that the plaintiff is a corrupt woman and she used to cohabit with various persons to earn m..Category: Family Law | Date: | Hits: 186
State Vs. Billal Hossain Gazi, 2004, 33 CLC (HCD)
....ourt and the trial Court shall be at liberty to decide the case independently on the basis of the evidence to be available with the record. Ed. This Case is also Reported in: 56 DLR (2004) 355. ......harge under section 10(1) of the Nari‑o-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995. The condemned prisoner remained in abscondance. The charge could not be read over to him. A State Defence lawyer was engaged for his defence. The prosecution in support of its case has examined 15 witnesses..Category: Criminal Law | Date: | Hits: 43
Masud Mia (Md.) Vs. State, 2003, 32 CLC (HCD)
.... Md. Masud Mia be set at liberty forthwith if not wanted in connection with any other case. Send down the lower Court's records at once. Ed. This Case is also Reported in: 56 DLR (2004) 352. ......dvocate submits that since the prosecution has failed to examine any independent, natural and probable witness to support its case, the impugned order of conviction and sentence is not sustainable in law. The learned Advocate further submits that the learned Bishesh Adalat erred in law in passing th..Category: Criminal Law | Date: | Hits: 45
Nurul Islam Babul (Md.) Vs. State, 2004, 33 CLC (HCD)
....n report will consider the prayer for bail in accordance with law. With the aforesaid direction and observation the Rule is disposed of. Ed. This Case is also Reported in: 56 DLR (2004) 347. ......04 dated 20‑3‑2004 pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be called for to be satisfied that the petitioner is not being illegally harassed without due process of law. 2. The facts giving rise to the application succinctly are that the petitioner is one of the..Category: Criminal Law | Date: | Hits: 60
Hasna Banu Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....d at the time of issue of the Rule on 9‑3‑1997 is hereby recalled and vacated. Send down the record at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 344. ......(1). It further held that defendant failed to prove that the suit land ever vested in the government. 9. On appeal therefrom, the appellate Court however held that the suit land was 'Chandina' and lawfully vested in the government and upon such view, allowed the, appeal, set aside the decree of t..Category: Property Law | Date: | Hits: 76
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ......ules were issued calling upon the opposite parties to show cause why the detenus Liakat Sikder and Md. Rafiqul Islam Kotwal should not be brought before this Court to be dealt with in accordance with law or pass such other or further order or orders as to this Court may seem fit and proper. 2. It..Category: Criminal Law | Date: | Hits: 70
Mahbubur Rahman Vs. Syed Mostofa Jaman and others, 2002, 31 CLC (HCD)
.... stay of all further proceedings of Election Case No. 3 of 1998 now pending in the Election Tribunal. Gaibandha Sadar is vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 322. ...... is amenable to the revisional jurisdiction of the High Court Division. 8. I have considered the submissions of the learned Advocates for both the parties and perused the relevant provision of law and the decision referred to by the parties. Union, Parishad Ordinance, 1983 provides that the E..Category: Election Law | Date: | Hits: 79
Harun‑or‑Rashid Vs. State, 2003, 32 CLC (HCD)
....f the prayer for bail of accused-appellant Harun be accordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ......m the receipt of the said order on 6‑3‑2003 will not create any right to the accused Harun to be entitled to get bail disregarding the allegation and overt act against him in the record. Court of law must act upon materials on record to decide the question of granting or non-granting of bail to ..Category: Criminal Law | Date: | Hits: 72
State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ......ad been installed on acceptance of fees of change, PW4 Sk Modasser Hossain, a seizure list witness to seizure of petition filed in respect of change of telephone number, PW5 Md Kamrul Islam, son-in-law of PW 36 Hashem Ali Molla who testified that his father‑in‑law(PW36) laid bare that Fatik we..Category: Criminal Law | Date: | Hits: 69
Ali Akbar (Md) and others Vs. Sakina Begum and others, 2002, 31 CLC (HCD)
....der of stay is recalled. Learned Joint District Judge is directed to proceed with the Suit, expeditiously, Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 303. ......pugned order and Mr. AKM Enamul Huq Advocate was appointed receiver at a remuneration of Taka 5,000 per month. 4. Mr. Mahmudul Islam, learned Counsel, assailed the order on various grounds both on law as well as facts. He submitted that the plaintiffs and defendants are full brothers and sisters,..Category: Property Law | Date: | Hits: 69
Nizam Khan (Md) Vs. State and another, 2003, 32 CLC (HCD)
....called. In the result, the Rule is discharged. Communicate this order to the Court of the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 299. ......business transaction in between the parties and the offence, if any, is of civil liability for which no criminal proceeding would lie and, as such, the proceeding being an abuse of the process of the law and Court is liable to be quashed. 4. The learned Advocate for the opposite party No.2 compla..Category: Criminal Law | Date: | Hits: 38
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