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....y Nos. 3 and 4 are directed to release the victim Nazma Akhter from "Nirapad Abason Kendra" under Shamaj Sheba Adhidaptar, Barisal at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 447.
......t virtually oppose the prayer for release of Nazma Akhter from safe custody.
7. We have considered the submissions of the learned Advocate of both the sides and gone through the relevant papers on record. It appears that admittedly, the victim Nazma Akhter has attained the age of majority and h......y Nos. 3 and 4 are directed to release the victim Nazma Akhter from "Nirapad Abason Kendra" under Shamaj Sheba Adhidaptar, Barisal at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 447.
..
Category: Criminal Law | Date: | Hits: 41
Md. Ali Vs. State, 2007, 36 CLC (HCD)
....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.......Exhibit. 2) PW 3 proved FIR (Exhibit 3). PWs 1-3 proved their signatures on Exhibits 1, 2 and 3. Subsequently accused remained absent and, as such, no statement under section 342 of the Code could be recorded by the Court. Upon evidence of PWs 1, 2 and 3 and upon consideration of Exhibits 1,2,3, tri......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...Category: Criminal Law | Date: | Hits: 30
Zamir Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....het United Polyclinic. Thereafter, upon her slight stability, she lodged the case by filing first information report through UP member Mr. Mahbubur Rahman. The accused persons destroyed the household goods and articles valued at Taka 50 lac. The informant prayed for taking necessary action against t......or taking necessary action against the accused persons. 3. The police commenced investigation through SI Gunendra Dev who visited the place of occurrence, seized alamat, examined the witnesses and recorded their statement under section 161 of the Code of Criminal Procedure and finding the guilt o......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...Category: Criminal Law | Date: | Hits: 30
New Zealand Milk Brands Ltd. Vs. Unilac Sanowara (BD) Ltd. & ors., 2005, 34 CLC (HCD)
....s "Red Cow" together with the device of a cow represented in a special and particular manner in the containers in a colour combination quite distinctive in its presentation. Due to the quality of the goods and the various promotional measures undertaken the trade mark "Red Cow" and the device of cow...... two words "Red Cow" and the device of a "Cow". He pointed out that trademark registration No. C-1491 obtained by Unigate on 81-1981, which has not been assigned to the petitioner, existed on the record and was extended up to 7-1-2003. At the same time, there existed the petitioner's predecess...... 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. ..Category: Intellectual Property Law | Date: | Hits: 187
Salina Begum Vs. Mojibur Rahman and others, 2006, 35 CLC (HCD)
....charged without any order as to the costs. Lower Court's record be sent down at once with a copy of the judgment Ed. This Case is also Reported in: 59 DLR (2007) 420; 13 MLR (HCD) (2008) 58. ......isturbed unless it is manifestly perverse. When the Appellate Court as the final Court of finding of facts affirms or reverse the judgment of the trial Court on a proper assessment of the evidence on record and the findings do not suffer from any error of law and the case is concluded by finding of ......charged without any order as to the costs. Lower Court's record be sent down at once with a copy of the judgment Ed. This Case is also Reported in: 59 DLR (2007) 420; 13 MLR (HCD) (2008) 58. ..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. ......and that the accused appellant has been falsely implicated in the instant case out of enmity and grudge. 6. The Nari-o-Shishu Nirjatan Daman Adalat-1, Barguna after considering the evidence on record, deposition of the PWs and other related things and also hearing the defence and the prosecut......ccused appellant should be acquitted on that score. 8. Mr. Nikhilesh Dutta, the learned Deputy Attorney-General for the State, on the other hand, seriously opposes the contentions pressed into service by the Counsel for the appellant and submits that in this case the prosecution was totally s..Category: Criminal Law | Date: | Hits: 33
Samiran Haider and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....iction we are not inclined to go into their merits. Accordingly, these Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 410. ......e of the petitioners only in the event that the "conduct and work of the probationer is unsatisfactory or that he is not likely to become efficient" and in the instant case there is no finding on the records that the petitioners' conduct and work was unsatisfactory or that they were not likely to ......dated 27-12-2001 and 22.44.1.00.292.2000 (Part-1) dated 28-1-2002 issued by the Director General, Prime Minister's Office purporting to terminate 17 Deputy Assistant Directors (Probationers) from service in alleged exercise of power under Rule 6(2)(a) of the Gazetted Officers (National Securitie..Category: Employment/Service Law | Date: | Hits: 107
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. ......e against the persons sought to be prosecuted. Although it has a discretion to refuse sanction on any ground. However, when sanction is accorded to prosecute a person it must be based on materials on record placed before it failing which the sanction will be invalid and the trial Court will not have...... 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
Rabiul Karim (Md.) Vs. State, 2005, 34 CLC (HCD)
....t aside. Let the convict Md. Rabiul Karim be set at liberty forthwith if not wanted in any other connection. Sent down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 401. ......e case being ready for trial was sent to the Special Tribunal Serajgonj who framed charge against the convict under section 6 of the Dowry Prohibition (deterrent punishment) Ordinance, 1983 and after recording the evidences passed the impugned Judgment and Order convicting this appellant under secti......t aside. Let the convict Md. Rabiul Karim be set at liberty forthwith if not wanted in any other connection. Sent down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 401. ..Category: Criminal Law | Date: | Hits: 30
Ratan Sarder and others Vs. Bishai Bepari and others, 2009, 38 CLC (AD)
....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. ......nd 14 gandas measuring .3934 acres of land i.e. the suit land and he has been possessing the same and the rest of the land are being possessed by the successive heirs of Nazimuddin Sarder and other recorded tenants and those heirs have been made defendants in the present suit; that the plaintiff......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)
.... 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. ......garding the occurrence after hearing the same from his sons. 3. Police after investigation submitted charge sheet against accused Md. Shahjahan Ali under section 302 of the Penal Code and case record was sent to the Court of Sessions Judge, Kishoreganj, for trial. 4. Sessions Judge, Ki...... 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. ..Category: Criminal Law | Date: | Hits: 29
Abdul Mannan Sheikh (Md) Vs. Soleman Bewa and others, 2007, 36 CLC (HCD)
....iscover any merit in the submissions advanced by the learned Counsel for the petitioner. On the contrary, the submissions of the learned Counsel for the opposite parties prevails and appear to have a good deal of force. 29. Having considered the facts and circumstances of the case and foregoi......ty capable of division." Unless a Heba-bil-Iwaz is made and completed according to section 168 of the Mohammadan Law, it is not valid in law. 16. On critical analysis of the evidence on record I find that PW 1 Soleman Bewa, aged about 80/82 years, was examined by Advocate Commissioner,......vacated. Send down the lower Court's record at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 392. ..Category: Property Law | Date: | Hits: 26
Syed Salahuddin Ahmed Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....s connection, it is to be mentioned here that the Government property cannot be leased out without observing transparency. It is important to note that transparency inhibits corruption and promotes good governance. It is the duty of the Government to safeguard the revenue of the country. In this c......nt No.6 decided to lease out the disputed land to respondent No.7 and, as such, the petitioner does not have any locus standi to challenge such action of the Government. 9. We have perused the record and considered the submissions of the learned Advocates. Annexure-'A' to the writ petition re......r hand, submits that the lease of the petitioner was cancelled as he violated the terms and conditions of the lease agreement. He further submits that pursuant to the guidelines for providing utility service to the people, respondent No.6 decided to lease out the disputed land to respondent No.7 and..Category: Constitutional Law | Date: | Hits: 200
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. ...... case of Complaint Case No. 22 of 2002. In this case, respondent No. 2 was employed as an Auditor and he was removed from service on 22-8-2002. The Labour Court after considering all the materials on record allowed the Complaint Case and directed the respondents (petitioner herein) to reinstate the ......rge of misappropriation. The enquiry officer enquired into the matter and submitted report on 8-8-2002. Thereafter, second show cause notice was served upon him and subsequently he was removed from service on 22-82002. After that respondent No. 2 filed a grievance petition and thereafter filed C..Category: Labour and Industrial Law | Date: | Hits: 181
State Vs. Kajal Ahmed Jalali, 2007, 36 CLC (HCD)
....ushan Alam. Shujan was always under pressure, so that he did not go for any political campaign. He further testified that on 29-62001 he along with Shujan and Abu Baker went to Banchharampur with a good news that Tarique Zia assured Shujan about getting nomination in the next general election of t......hjahan Howlader Shujan might have-been, killed by some other unidentified miscreants near the Suhrawardy Uddyan, opposite to Bangla Academy, when he was passing through the road. 12. The evidence recorded by the trial Court may preciously be discussed below. 13. PW 1 Hena Akhter is the infor......thwith if not wanted in connection with any other 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...Category: Criminal Law | Date: | Hits: 109
Jakir Hossain Vs. Jel Vanu, 2005, 34 CLC (HCD)
.... discharging the onus of proof in such circumstances as found in the case of Kiron Chandra Das vs. Sirajul Hoque Patwari reported in 34 DLR 225 at paragraph 5, 226 thus: "There is a presumption of good faith in human transaction as there is a presumption of innocence in criminal matters. That bei......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 daughter ....... 25 of 2003 are hereby set aside. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 340, 26 BLD (HCD) (2006) 98. ..Category: Property Law | Date: | Hits: 32
Bonlac Foods Ltd. Vs. Unilac Sanowara (BD) Ltd. & another, 2005, 34 CLC (HCD)
....8(a) of the Trade Marks Act, 1940 ("the Act") and Rule 24 of the Revised Trade Marks Rules, 1963 ("the Rules"), thus creating confusion amongst the traders and the buyers about the true origin of the goods marketed under the name "Diploma" and resulting in decreasing turnover and loss of goodwill an......il Procedure, which was duly furnished by the petitioner by way of Bank Guarantee. 5. By an order of this Court dated 7th August, 2004 the Registrar of Trade Marks was directed to transmit the records in respect of trademark application No. 33243 in class-29 and certified copy of the relevant......ant did not reply to the notice issued by that office dated 10-5-1994 the application could not be considered and also informing the applicant that unless he takes necessary steps within 21 days from service of this notice the application will be deemed to have been abandoned under section 16(3) of ..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....... be considered at this stage for quashing the proceeding in CR case No. 509 of 2000. The learned Assistant Attorney-General prays for discharge of the Rule. 8. We have perused the materials on record including the Annexure-A appended to the Revisional application which is the petition of comp......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...Category: Criminal Law | Date: | Hits: 28
Mobarak Hossain alias Jewel Vs. State, 2000, 29 CLC (HCD)
....to the report stating the names of the parties, the nature of the information and the names of the persons who appear to be acquainted with the circumstances of the case. On the other hand, there are good and obvious reasons why in the case of communications prior to that stage between police office......ion on 22-7-1998 the accused petitioner along with co-accused Musharraf Hossain, Mujibar Rahman and four others were arrested and out of them, the above noted two accused made confessional statements recorded under section 164 of the Code of Criminal Procedure, hereinafter referred to as the Code. T......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. ..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.......espondent, submits that in the instant case the DCT has rejected the amount as the same was not verifiable and, as such, resorted to estimate the total income of the assessee on the basis of the past record of the assessee and thus the assessment order is in accordance with law. 6. At the time of...... 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...Category: Fiscal/Taxation Law | Date: | Hits: 72
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