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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. ......5‑2‑1982 the company being an industrial enterprise placed under clause (1) of Article 10, no provision of law relating to the winding up of the companies under clause 2 would apply to company in question in this case and accordingly, the plaint of' the Title Suit No. 81 of 1991 was rightly reje......f consideration in part and the possession of the petitioner in the holding No. 28, Hatkhola Road, made the affidavit-in-opposition sworn on behalf of the respondent No. 2, does not deny any of those facts in his submissions. He neither disputes the legality of the agreement nor the possession of th..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. ...... was banned in Bangladesh and they could not claim to be prejudiced under the law and since their products were not in use in the market of Bangladesh they had no locus standi to challenge or call in question the registration of the mark of the appellant by the respondent No.1. It is contended that ......the registration of the trade mark of the appellant offended the provisions of section 8(a) and 10 (1) of the Act. The learned Advocate further submits that the Registrar ought to have considered the facts that the trade mark No. 2612 in Class 34 of the respondent No.2 is completely different from t..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. ...... 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. ......s. Farida Yeasmin along with Syed Ziaul Hasan appeared for the opposite party No. 1. 9. The learned Advocate Mr. Md. Abu Bakar Siddique submits that though the petitioner divorced his wife but the facts remains that the marriage was solemnised by force by the villagers during the period of pregna..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. ......y evidence. PW12 also does not support the prosecution case. She has been declared hostile by the prosecution. Though the prosecution cross-examined her with reference to her earlier statement but no question was put to the investigating officer (PW14) with regard to her earlier statement. PW5 does ......no legal evidence either direct or circumstantial to prove that the accused has assaulted the victim for dowry for which she has succumbed to the injuries. The learned Deputy Attorney-General, in the facts of the given case, finds it difficult to support the charge levelled against the condemned pri..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. ...... 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. ....... 51 of 1998 convicting accused-appellant Md. Masud Mia under section 6(1) of the Nari‑o‑Shishu Nirjatan Daman Ain, 1995 and sentencing him thereunder to suffer imprisonment for life. 2. Broad facts relevant for the purpose of the case are that at about 8.00 PM on 15‑4‑1998 victim Mst. Ar..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. ......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. ......‑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 biggest indust..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. ......in the official Gazette declaring that the Compensation Assessment-roll was finally published. 23. During the CS survey, the land was recorded as 'Nal'. With the passage of time when the bazaar in question expanded up to near the suit land, the recorded tenant might have made shops thereon for so......le. 16. But in the absence of any material on record the appellate Court held that such tenancy was not transferable, which must be held to be based on conjecture and speculation. A final Court of facts has got no jurisdiction to decide a fact upon any sort of speculation or conjecture. Such find..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. ......He submits that these actions of the law enforcing agencies are not only deprecatory but also contrary to Articles 27, 31, 32 and 33 of the Constitution. 9. In the aforesaid background a pertinent question arises whether the provisions of the Code authorise a Magistrate to make such orders of cus......ার্থনা মঞ্জুর" No counter-affidavit has been filed by the State controverting the statements made in the petitions. Learned Additional Attorney-General has not disputed the facts stated in the petitions. 6. Mrs. Tania Amir, appearing on behalf of the detenus, contends t..Category: Criminal Law | Date: | Hits: 70
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. ...... 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 the accused. 12. Since the direction vide ord......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. ..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. ......ot at all strike at the root of prosecution case and convict-appellant Abdus Sabur had been sufficiently identified and marked as the person " Who took victim Fatik outside the house. 13. The core questions surviving for determination are: i. Whether awarding of conviction and sentence upon co......d, Metropolitan Magistrate, First Class, Khulna who recorded judicial confessional statement of Noor Ala (approver PW6), PW36 Md. Hashern Ali Molla, father of Fatik, who in his evidence disclosed the facts of two telephone calls and departure of Fatik with Abdus Sabur and also, demand of Taka 5,00,0..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. ......eir behalf. On consideration of the application and the objection, the learned Joint District Judge was of the view that the suit was for partition and the decision in which might take time; that the question of title could be decided in the suit and that the property was admittedly ancestral proper...... to 4 against an order dated 15-1‑2002 of Joint District Judge (in-Charge) and Artha Rin Adalat No.2 in Dhaka in Title Suit No. 95 of 1997, appointing a receiver of the suit property. 2. Short facts for disposal of the appeal is that respondent Nos. 1 to 4 as plaintiffs instituted the suit ag..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. ......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. ......show cause as to why the proceeding of CR No. 5149 of 1999 under sections 406/420 of the Penal Code pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule is that the opposite party No.2 as complainant filed ..Category: Criminal Law | Date: | Hits: 38
Abdus Samad and others Vs. Md. Gafur and others, 2003, 32 CLC (HCD)
....spose of the Suit With utmost expedition. Send down a copy of this judgment to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 297. ......ncerned, is in challenge before this Court against which the defendants obtained the instant Rule. 7. Mr. Md. Zakir Hossain, the learned Advocate appearing for the petitioner, submits that the question raised by the defendants being a pertinent one touching the jurisdiction of the Court itsel......t No. 146 of 2000 rejecting an application for return of the plaint should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Short facts, necessary for the Purpose of this Rule is that the opposite parties as plaintiffs instituted ..Category: Civil Law | Date: | Hits: 114
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285.......ing in view the true intention of law embodied in The Ordinance of 1983, Special Tribunal awarded conviction under section 4(c) of The Ordinance of 1983. No exception can be taken to that. 41. The question now shall be addressed from another legal angle which is, if offence of commission of rape ......tion case. The proposition of law propounded in Nurul Islam and others Vs. State, 43 DLR (AD) 6 and Masum and others Vs State, 49 DLR 349 are not in dispute but those are not at all applicable in the facts and circumstances of the case in our hand and accused-appellant side cannot derive any benefit..Category: Criminal Law | Date: | Hits: 64
Abu Talukder Vs. State, 1999, 28 CLC (HCD)
....u Talukder be set at liberty forthwith, if not wanted in connection with any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 188.......u Talukder be set at liberty forthwith, if not wanted in connection with any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 188.......and by PW 13 Mofazzal to involve accused appellant Abu Talukder in the alleged offence appears to be fatal to the prosecution insofar as it relates to the Conviction of appellant Abu Talukder. In the facts and circumstances and the evidence on record, I thus find it difficult to maintain the order o..Category: Criminal Law | Date: | Hits: 52
....without any lawful authority and is of no legal effect. In the facts and circumstances of the case, there will be no order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 183.......rised occupier of Government khas land. In the present matter admittedly the Deputy Commissioner or an Additional Deputy Commissioner or a Joint Deputy Commissioner did not initiate the proceeding in question nor passed the order as contained in impugned Annexure ‘D’. It appears that there is no......he said Miscellaneous Case No. 32 of 1993-94 along with the petition has been annexed to this writ petition and marked Annexures ‘C’ and ‘CI’ respectively.
3. The petitioner, amongst other facts, also alleged that after he filed a criminal case, the said Alkas Mia in collusion with the re..
Category: Property Law | Date: | Hits: 172
Chitta Ranjan Das @ Chitta Ranjan Sinha Vs. Shashi Mohan Das and another, 2004, 33 CLC (HCD)
....s is an old pending case, the learned Senior Special Judge, Sunamganj is directed to make disposal of the case expeditiously. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 276. ......cords along with the documents annexed thereto and submissions of the learned Advocates appearing on behalf of the opposite parties. It appears that the accused‑petitioner has raised the only legal question for quashment of the proceeding stating that since the alleged forged document was produced......Special Case No.4 of 1997 now pending in the Court of Senior Special Judge, Sunamganj should not be quashed or any other orders be passed as this court may deem fit and proper. 2. The relevant facts are that the complainant Shashi Mohan Das filed a complaint case in the Court of Senior Specia..Category: Criminal Law | Date: | Hits: 42
Saiduzzaman (Md) (Mithu) and another Vs. Munira Mostafa and another, 2004, 33 CLC (HCD)
....ceed with accordance with the law. Communicate a copy of judgment and order of the concerned Magistrate court immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 274. ......ceed with accordance with the law. Communicate a copy of judgment and order of the concerned Magistrate court immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 274. ...... of CR Case No. 4232 of 2001 pending in the Court of Metropolitan Magistrate, Dhaka, should not be quashed or such other orders be passed as this court may seem fit and proper. 2. The relevant facts are that the complainant opposite party No.1 Mosammat Monira Mostafa f1led the above mentioned..Category: Criminal Law | Date: | Hits: 49
....ant No.7 are declared to be illegal, collusive, without jurisdiction, mala fide and of no legal effect.
Send down the LCR at once.
Ed.
This Case is also Reported in: 56 DLR (HCD) (2004) 269.
......it was issued without holding any enquiry and the knowledge of the prescribed authority at the instance of interested quarter including defendant No.7 and learned Subordinate Judge failed to consider question of cancellation of the lease in the facts and circumstances of the case and on the evidence...... the knowledge of the prescribed authority at the instance of interested quarter including defendant No.7 and learned Subordinate Judge failed to consider question of cancellation of the lease in the facts and circumstances of the case and on the evidence on record. In support, he cited Sati Prasann..
Category: Property Law | Date: | Hits: 73
Monju Mia and others Vs. Shiraj Mia and others, 2002, 31 CLC (HCD)
....e of the Rule on 10‑11‑1999 is hereby recalled and vacated. The learned Subordinate Judge is directed. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 264. ......presentation of plaint, the 'kabulyat' was filed in Court. Then, on 8‑2‑1999 the plaintiffs made an application for direction upon said defendants to file the counterfoils of the rent receipts in question, which was allowed by an order dated 3‑3‑1999. After such an order directing said defen......gainst an order dated 13‑7‑1999 passed by the Subordinate Judge and Artha Rin Adalat (In-charge) at Sylhet in Title Suit No. 46 of 1998, which rejected a prayer for an expert opinion. 2. Short facts for disposal of the Rule are that on 25‑9‑1991 opposite party Nos.1 to 4 as plaintiffs ins..Category: Property Law | Date: | Hits: 61
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