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Md. Ali Vs. State, 2007, 36 CLC (HCD)
....ined at the trial. He submits that none of above persons such as Abu Meah, Monower Ali, Kabir Ahmed, Nasir and Debor were examined at the trial to prove the recovery and seizure of Phensidyl from the possession of accused. 19. Placing above facts from the evidence, learned Advocate argues that t......e thereunder. Said convict accused Lokman Hossair be treated to be at liberty if not connected with any other case. Records be sent down. Ed. This Case is also Reported in: 59 DLR (2007) 441.......ir be treated to be at liberty if not connected with any other case. Records be sent down. Ed. This Case is also Reported in: 59 DLR (2007) 441.......en arranged to be triable by Special Tribunal and appeal against deciÂsion by said Tribunal was to be filed before the High Court Division and not before Sessions Judge at all. 13. He argues that question of Jurisdiction as above is getting priority for reasons noticed earlier so decisions of bo..Category: Criminal Law | Date: | Hits: 30
Zamir Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....ellants be set at liberty at once if not wanted in any other case. Let a copy of the judgment along with the LCR be sent down immediately. Ed. This Case is also Reported in: 59 DLR (2007) 433.......ellants be set at liberty at once if not wanted in any other case. Let a copy of the judgment along with the LCR be sent down immediately. Ed. This Case is also Reported in: 59 DLR (2007) 433....... in any other case. Let a copy of the judgment along with the LCR be sent down immediately. Ed. This Case is also Reported in: 59 DLR (2007) 433.......tted by the convict-appelÂlants and thereafter the tribunal Judge correctly conÂvicted them and passed the sentence accordingly. 19. The learned Deputy Attorney-General, when confronted with the question as to the erronÂeous sentence of transportation for life, further subÂmits that if any er..Category: Criminal Law | Date: | Hits: 30
New Zealand Milk Brands Ltd. Vs. Unilac Sanowara (BD) Ltd. & ors., 2005, 34 CLC (HCD)
.... 7-8-2004 is directed to be returned to the learned Advocate for the petitioner. Send down the Records of the Registrar at once. Ed. This Case is also Reported in: 59 DLR (2007) 424. ......d. This Case is also Reported in: 59 DLR (2007) 424. ......titioner. Send down the Records of the Registrar at once. Ed. This Case is also Reported in: 59 DLR (2007) 424. ......tion for registration of the trade mark "Red Cow" with the device "Cow" under section. 10 of the Act. It is further contended by opposite party No. 1 that Unilac Australia never used the trademark in question and the petitioner has no market in this country of any goods using the trademark and since..Category: Intellectual Property Law | Date: | Hits: 187
Salina Begum Vs. Mojibur Rahman and others, 2006, 35 CLC (HCD)
....cupied more than their entitlement. But the defendants refused to make partition of the suit property. Thereafter, the plaintiff filed a suit for permanent injunction and a title suit for recovery of possession being Title Suit No. 19 of 1990 and 42 of 1992 which were dismissed against which the pla......ntiff-appellant-petitioner as plaintiff instituted the suit for Partition being numbered as Title Suit No. 46 of 1996 before the Senior Assistant Judge, Monohardi, Narsingdi for partition of the suit land at Mouza Nischantapur, District-Narsingdi. The suit land originally belonged to Bhabani Kishore......ase is also Reported in: 59 DLR (2007) 420; 13 MLR (HCD) (2008) 58. ...... is called for in the revision under section 115(1) of the Code of Civil Procedure. ……………………………………….(13) When the appellate Court as the final Court of facts decides questions of fact and records its finding on consideration of the evidence, the High Court Division ..Category: Property Law | Date: | Hits: 40
Monir Hossain alias Monir Vs. State, 2007, 36 CLC (HCD)
....Barguna in Nari-o-Shishu Nirjatan Daman Case No. 31 of 2000 is hereby affirmed. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 416. ......Barguna in Nari-o-Shishu Nirjatan Daman Case No. 31 of 2000 is hereby affirmed. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 416. ......2000 is hereby affirmed. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 416. ......s of the PWs the fact which is unfolded is that on the date of occurrence the victim was admittedly seen together with the appellant going towards some destination riding on a rickshaw. Now comes the question, whether the victim voluntarily went with the appellant or she was forced by the appellant ..Category: Criminal Law | Date: | Hits: 33
Barrister Md. Rafiqul Islam Mia Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
.... contained in Annexure-C is declared illegal and without lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 407. ......rmer Assistant Director Estate, Rajuk, Dhaka stating, inter alia, that the above named accused persons in collaboration with each other misused their power and allotted 9 kathas and 24 square feet of land in exchange of 3 kathas of land in Uttara Model Town for financial benefit of Taka 47 lac. Ther......t lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 407. ...... contained in Annexure-C is declared illegal and without lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 407. ..Category: Anti-Corruption Laws | Date: | Hits: 140
Mahbub-ur-Rahman Chowdhury Vs. DG, Bureau of Anti-Corruption and others , 2007, 36 CLC (HCD)
.... Kamrunnessa Khanam by the order of the Prime Minister's Office. 16. Under section 4(1) of the Act 26 of 1957 if the Government is satisfied that any person or any other person on his behalf is in possession of pecuniary resources or property disproportionate to his known source of income he may ...... In the result, the Rule is discharged without any order as to the cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 403. ......r as to the cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 403. ...... In the result, the Rule is discharged without any order as to the cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 403. ..Category: Anti-Corruption Laws | Date: | Hits: 150
Ratan Sarder and others Vs. Bishai Bepari and others, 2009, 38 CLC (AD)
....sessed by the succesÂsive heirs of Nazimuddin Sarder and other recorded tenants and those heirs have been made defendants in the presÂent suit; that the plaintiff having felt difÂficulty in ejmali possession, asked the defendants for partition of his share but the defendant No.1 refused to partit......of respondent Nos.1 and 59-61 instituted the above Title Suit No.207 of 1981, which was subsequently renumbered as Title Suit No.391 of 1984, praying for a decree for partition in respect of the suit land described at the schedule 'Ka' to the plaint stating, inter-alia, that Nazimuddin Sarder was th......ed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 788. ......vocate for the appellants and as such, find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 788. ..Category: Property Law | Date: | Hits: 28
Shahjahan Ali (Md.) @ Md. Shahjahan Vs. State, 2007, 36 CLC (HCD)
....his sort of abuse is very much prevalent in our society. However, being furious in turn accused Shahjahan could also slap Sharifa Khatun but instead he took undue advantage of having a Chapati in his possession and killed Sharifa Khatun who had no weapon to resist the Chapati blows of accused. Evide...... sentence dated 22-3-2005 is upheld and confirmed. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 396. ...... Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 396. ......ional statement is marked Exhibit 6 while the signature of magistrate therein is marked Exhibit 6/1 and that of accused is marked Exhibit 6(a). In reply to cross-examination, PW 16 says that he put 5 questions to the accused, disclosed his identity as Magistrate, cautioned the accused about the cons..Category: Criminal Law | Date: | Hits: 29
Abdul Mannan Sheikh (Md) Vs. Soleman Bewa and others, 2007, 36 CLC (HCD)
....that the plaintiff became surprised and after obtaining certified copy of the said deed on 23-6- 986 came to know about such fraudulent deed; that the plaintiff did never execute the deed and deliver possession in favour of defendant on receiving Holy Quran. Hence, the Suit. 4. The defendant ...... of 1996 in the First Court of Senior Assistant Judge, Naogaon, impleading the petitioner as defendant, for declaration that the deed of Heba-bil-Iwaz dated 19-3-1984, in respect of 1.08 1/4 acres of land described in the Schedule of the plaint, is illegal, fraudulent, without consideration and for ......¦â€¦. Opposite Parties Judgment February 8, 2007. Cases Referred To- Jobeda Khatun vs MA Mannan 46 DLR 621; Abul Khair Mia vs Abdul Latif Sardar 32 DLR (AD 167 and Abtabuddin Fakir vs Sowdagar Rabi Das 43 DLR 42; Kalu Ram vs Babu Lal AIR 1932 (All 485 (FB) = ILR-54 (All) ......H Afric, Advocate—For the Petitioner. ASM Rahmatullah, Advocate—For the Opposite-Party. Civil Revision No. 2328 of 2001. Judgment SM Ziaul Karim J.- This Rule calls in question the legality and propriety of the judgment and decree dated 25-3 2001- passed by the learne..Category: Property Law | Date: | Hits: 26
Syed Salahuddin Ahmed Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
.... lease agreement of the petitioner on 18-11-1993, the application of respondent No. 7 for lease was considered and the land in question was leased out to him by an agreement executed on 14-5-2003 and possession of the land had already been handed over to him on 26-5-2003. After execution of the leas......pon the respondents to show cause as to why the impugned order issued under Memo No. 3637 dated 18-11-1993 (Annexure-C) and the action of the respondents in evicting the petitioner from his leasehold land, vide Annexure-A should not be declared to have been made without any lawful authority. ......Justice and Parliamentary Affairs and the Ministry of Communication. Ed. This Case is also Reported in: 59 DLR (2007) 388. ......ght for enjoying the property since 18-11-1993. After cancellation of the lease agreement of the petitioner on 18-11-1993, the application of respondent No. 7 for lease was considered and the land in question was leased out to him by an agreement executed on 14-5-2003 and possession of the land had ..Category: Constitutional Law | Date: | Hits: 200
Khorshed Alam Khan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....for the petitioner thereafter served a Notice of Demand for Justice to the responÂdents to publish a Gazette notification declaring abatement of LA Case No. 34 of 1993-1994 in respect of the land in possession of the petitioners but the respondent No. 2 by his letter dated 24-4Â1996 refused to do ......n LA Case No. 34 of 1993-1994 should not be declared to have been passed without lawful authority and is of no legal effect and why the respondents should not be directed to release 283/4 decimals of land belonging to the petitioner out of plot No. 1059 MRR Khatian No. 340 of Mouza Shamsharabad, Lak...... Case No. 34 of 1993-1994, so far as it relates to the petitioner's land, is abated. Ed. This Case is also Reported in: 59 DLR (2007) 383. ......able by the requiring body to the Deputy Commissioner on 8-6-1995 vide Memo No. 119(8) of the Ministry of Health and Family Planing which is well ahead of the statutory period of one year and that no question of abatement of the LA proceeding arises. It has been further stated that the land in quest..Category: Property Law | Date: | Hits: 57
Bangladesh Film Development Corporation Vs. Chairman, Labour Court & another, 2007, 36 CLC (HCD)
....discharged. The stay order passed at the time of issuance of these Rules is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 379. ......discharged. The stay order passed at the time of issuance of these Rules is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 379. ......ce of these Rules is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 379. ......Petitions). Writ Petition Nos. 746-751 of 2006. Judgment Quamrul Islam Siddiqui J.- These Rules were head together and are being disposed of by this common judgment as they do involve common question of law and of facts. 2. In these six applications under Article 102 of the Constitution ..Category: Labour and Industrial Law | Date: | Hits: 181
State Vs. Kajal Ahmed Jalali, 2007, 36 CLC (HCD)
....at on 3-7Â2001, Shujan went to his friend Mini's house at Shantinagar and at about 7-40 PM he went but of his (Mini) house and at that time, he (Shujan) had two mobile phones and one revolver in his possession. This witness got information about missing of Shujan at about 10-00 PM on the same night......s from village Rupashdi and the house of Kajal Ahmed Jalali was also in the same village. He said that previously he had tea stall by the side of Agargaon road but subsequently he started Cultivating land of others in Dinajpur. He denied the suggestion that Shujan could not be his friend and that he......er case. Send down the LCRs along with a copy of the judgment to the Court below forthwith. Ed. This Case is also Reported in: 59 DLR (2007) 345.......tainable even only on the basis of such testimony of one witness. But in the present case, PW 59 was imported by the last Investigating Officer long after I year 8 months, who is found to be a man of questionable character from his own inconsistent and improbable testimony. So, his evidence should b..Category: Criminal Law | Date: | Hits: 109
Jakir Hossain Vs. Jel Vanu, 2005, 34 CLC (HCD)
....owledge. The plaintiff first came to learn about the same on 1st Baisakh, 1406 BS when Barek on a visit Dhaka came to know of the same. It was the plaintiffs contention that she had never handed over possession of the suit property to the defendant No. 1. 3. Contesting the suit, the defendant No.......guna for cancellation of Kabala dated 5-1-1991 by reason that the same is illegal, collusive and without consideration. The plaintiffs case is that one Urful Bibi owning and possessing 38 decimals of land recorded in SA Khatian No. 146 transferred the same by a deed of gift on 30-11-1959 to her daug...... This Case is also Reported in: 59 DLR (2007) 340, 26 BLD (HCD) (2006) 98. ......f the Code of Civil Procedure (hereinafter referred to as the 'Code'). In this regard, the defendant No. 1, petitioner submits that the lower appellate Court lost sight of the fact that the Kabala in question is registered as proven by evidence adduced in the form of statements given by competent an..Category: Property Law | Date: | Hits: 32
Bonlac Foods Ltd. Vs. Unilac Sanowara (BD) Ltd. & another, 2005, 34 CLC (HCD)
....ty for costs may be returned to the learned Advocate appearing on behalf of the petitioner. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 332. ......sed the tradeÂmark 'Diploma' in other parts of the world is not borne out by the evidence submitted by the petitioner, which shows that the trademark 'Diploma' was registered in Saudi Arabia, New Zealand, China and other countries in the name of Unilac Australia Pty Limited and their trademark was ......f of the petitioner. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 332. ......hin the meaning of section 46 of the Act as Bonlac, being a sister concern of Unilac Australia Ltd and having the same company secretary, knew since 1991 that Sanowara has been using the trademark in question, it is pointed out that the trademark application of Sanowara dated 11th August, 1991 was d..Category: Intellectual Property Law | Date: | Hits: 199
Farida Begum and others Vs. Kapil Krishna Goldar & another, 2006, 35 CLC (HCD)
....e No. 509 of 2000 pending before the Magistrate, 1st Class, Madaripur, is hereby quashed. Let a copy of the Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 328.......ners namely, Mossamat Farida Begum as accused No. 1 and Mossamat Monwara Begum as accused No. 3 and Abdul Majid Mia, husband of accused No. 1, who died in the meantime, alleging, inter alia, that the landed property measuring about 11 decimals comprised in RS plot No.4371/4378 under RS khatian No. 6......, 1st Class, Madaripur, is hereby quashed. Let a copy of the Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 328.......of 2000 filed by the complainant opposite party No. 1 before the MagisÂtrate, 1st Class, Madaripur and also considered the argument advanced by the learned Assistant Attorney-General. 9. The moot question to be decided whether the statement made in the petition of complaint has disclosed any ele..Category: Criminal Law | Date: | Hits: 28
Mobarak Hossain alias Jewel Vs. State, 2000, 29 CLC (HCD)
....e. We therefore find that the Rule merits no consideration and, as such, it should be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 135. ......e. We therefore find that the Rule merits no consideration and, as such, it should be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 135. ......onsideration and, as such, it should be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 135. ......as such, section 76 of the Evidence Act cannot be resorted to demanding certified copies of such statement. He further submits that scope of such right, if any, of the accused to get the copies, is a question to be dealt with, not under the provision of the Evidence Act but under the Code. Lastly, h..Category: Criminal Law | Date: | Hits: 25
N Mohd Engineering Industries Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
.... as formulated in paragraph No. 7 of the application in the negative and in favour of the assessee. The parties will bear their own costs. Ed. This Case is also Reported in: 54 DLR (2002) 132....... as formulated in paragraph No. 7 of the application in the negative and in favour of the assessee. The parties will bear their own costs. Ed. This Case is also Reported in: 54 DLR (2002) 132.......bear their own costs. Ed. This Case is also Reported in: 54 DLR (2002) 132.......he Trading account and the determination of the gross profit @ 40% thereon without specifically finding any defect in the books of account. In this reference application in paragraph No. 7 the filing question has been formulated for our opinion: “(a) Whether the Taxes Appellate Tribunal, Chitta..Category: Fiscal/Taxation Law | Date: | Hits: 72
Bhaskar Chakraborty Vs. State, 2006, 35 CLC (HCD)
.... accused petitioner is directed to appear before the trial Court to face trial. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 325. ...... accused petitioner is directed to appear before the trial Court to face trial. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 325. ......ial Court to face trial. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 325. ......t company, Lever Brothers Bangladesh Limited, cannot rely upon the principle as laid down in the said case which has distinguishing feature, apparent on the facts of the case. 6. The pertinent question as has been raised in this proceeding is, that whether the accused petitioner is involved i..Category: Criminal Law | Date: | Hits: 81
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