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Ismail Howlader and others Vs. State, 2006, 35 CLC (HCD)
....own the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 335.......nowara Begum who were granted bail earlier by this Court stand discharged from the bail bond if furnished any. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 335.......nt Attorney-General, Md. Nazmul Huq, Assistant Attorney-General—For the State. Criminal Appeal No. 2172 of 1997. Judgment Md. Emdadul Huq J. - This Criminal Appeal is from the judgment and order dated 29 September 1997 passed by the learned Additional Sessions Judge, Bagerhat in Sessions ......nowara Begum who were granted bail earlier by this Court stand discharged from the bail bond if furnished any. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 335...Category: Criminal Law | Date: | Hits: 43
Nil Sen Singh Vs. Radha Mohan Singh and others, 2006, 35 CLC (HCD)
.... (Civil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Md. Rais Uddin J Nil Sen Singh…………………………………………………………...Petitioner Vs. Radha Mohan Singh and others …………………………………Opposite Parties. Judgment ......tle Suit No. 2 of 2003 is set aside. The judgment and decree dated 30-1-2003 of the trial Court is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 329. ......rty who denies it. It is reasonable and just that the suitor, who relies upon the existence of a fact, should be called upon to prove his own case. The parties on whom the onus of proof lies must, in order to succeed, establish his case and he cannot, on failure to do so, take advantage of the weakn......tle Suit No. 2 of 2003 is set aside. The judgment and decree dated 30-1-2003 of the trial Court is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 329. ..Category: Property Law | Date: | Hits: 75
Noorjahan Ahmed and others Vs. Tarifuddin Ahmed, 2003, 32 CLC (HCD)
....ian and the subject matter of the Suit No. 105 of 1983 was a pucca building named 'Lalkuti' standing thereon. It was asserted that the plaintiff of Title Suit No. 105 of 1983 filed suit showing wrong address of the defendants by fraudulent suppression of the facts and obtained a decree dated 1 7-11-......ps for reconstruction of the record of the other suit No. 105 of 1983. There shall be no order as to cost. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 326.......a case of fraud or fraudulent suppression of service of summons upon the defendants of Other Suit No. 105 of 1983 and there has been sufficient compliance of Order V, rules 17 and 20 of CPC. 6. In order to prove the case the plaintiffs examined 4 PWs. PW 1 is Noor Jahan Ahmed the plaintiff No. 1 ......ps for reconstruction of the record of the other suit No. 105 of 1983. There shall be no order as to cost. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 326...Category: Property Law | Date: | Hits: 83
Abdul Khaleque Vs. Hazera Begum and another, 2006, 35 CLC (HCD)
.... aside. 2. The informant, Hazera Begum and the petitioner, Abdul Khaleque are workers under the Dhaka Municipal Corporation and live in neighboring residential quarters. On 21-8-94 the petitioner had left an iron bed in front of the informant's door where her son-in-law brushed against it and got......ith a copy of this judgment at once. Let a copy of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs. Ed. This Case is also Reported in: 58 DLR (2006) 322.......d. Imman Ali J. - This Rule arises out of an application filed under section 439 of the Code of Criminal Procedure, calling upon the opposite parties to show cause as to why the impugned judgment and order dated 30-8-1999, passed by the learned Metropolitan Additional Sessions Judge, Dhaka, in Crimi......ith a copy of this judgment at once. Let a copy of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs. Ed. This Case is also Reported in: 58 DLR (2006) 322...Category: Criminal Law | Date: | Hits: 97
....¦â€¦...Petitioner
Vs.
Titas Gas Transmission and Distribution Company Ltd. and others……..Respondents
Judgment
August 16, 2005.
Cases Referred to-
Abdul Mannan Talukder Vs. Bangladesh House Building Finance Corporation and another, 1990 BLD (AD) 71; Bangladesh Bank and others V......w place even though there is only transmission work there and no clerical job for him.
5. Being aggrieved, the petitioner has filed Writ Petition No. 6822 of 2001 and obtained a Rule along with an interim order staying the operation of the order of transfer.
6. It has been alleged that on 8-12...... of 2001 with Writ Petition No. 9 of 2002.
Judgment
Tariq-ul-Hakim J. - In Writ Petition 6822 of 2001 Rule Nisi has been issued calling upon the respondents to show cause as to why the impugned order (Annexure B to the Writ Petition) to the extent of transferring the petitioner from his presen...... passed by the respondent No.3 are declared to have been passed without any lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 58 DLR (2006) 316, 26 BLD (HCD) (2006) 343...
Category: Employment/Service Law | Date: | Hits: 75
Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)
..... Ed. This Case is also Reported in: 58 DLR (2006) 311.......l run concurrently. Let a copy of the order along with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311.......as to why the impugned judgment of enhancing the sentence of the petitioner in Criminal Appeal No. 86 of 1987 arising out of CR Case No. 206 of 87 should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts leading to disposal of ......l run concurrently. Let a copy of the order along with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311...Category: Criminal Law | Date: | Hits: 60
Kazi Moniruzzaman and others Vs. Kazi Nuruzzaman and others, 2006, 35 CLC (HCD)
....uruzzaman and Kazi Kamruzzaman who were minors at the time of acquisition of the property on 6-11-1973. It is further stated that the plaintiff acquiring the property in the benami of his minor sons made construction and leased out the same to Janata Bank, defendant No.4, as monthly tenant and it wa......shall dispose of the case expeditiously preferably within 6(six) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 306.......h J. - This Rule at the instance of the plaintiffs-petitioners Kazi Moniruzzaman and others arises out of an application under section 115(1) of the Code of Civil Procedure and is directed against an order No. 113 dated 6-2-2003 passed by the learned Joint District Judge, First Court, Dhaka in Title......shall dispose of the case expeditiously preferably within 6(six) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 306...Category: Property Law | Date: | Hits: 131
Mansur Ali Howlader Vs. Nurul Islam Howlader, 2004, 33 CLC (HCD)
....This Case is also Reported in: 58 DLR (2006) 304, 26 BLD (HCD)(2006) 53.......ppeal in accordance with law and to dispose of the appeal within 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 58 DLR (2006) 304, 26 BLD (HCD)(2006) 53.......wdhury with Abdul Quayum—For the Petitioner. Not represented—the Opposite Parties. Civil Revision No. 3248 of 1991. Judgment Afzal Hossain Ahmed J. - This Rule is directed against the order dated 7- 9-85 passed by the District Judge, Bakerganj in Title Appeal No. 73 of 1985 rejecting......ppeal in accordance with law and to dispose of the appeal within 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 58 DLR (2006) 304, 26 BLD (HCD)(2006) 53...Category: Property Law | Date: | Hits: 81
Abdur Rashid Salam Vs. Md. Moniruzzaman, 2005, 34 CLC (HCD)
....Md. Moniruzzaman …………………………………………………..Opposite Party. Judgment July 19, 2005. Cases Referred to- S. Azizul Hassan and another Vs. Malik Ghulam Muhammad, 1971 SCMR 123; Shankar Rao and others Vs. Raghunath Rao, AIR 1926(Nag) 75(1); Forman Ali Dewan a......o granted earlier by this court is also vacated. Send down the lower court records at once if already received by the office of this Court. Ed. This Case is also Reported in: 58 DLR (2006) 298. ......nt provisions of sub-section (2) of section 2, section 96 and Order XLIII of the Code that the instant Rule is not maintainable. Elaborating his first objection, Mr. Morshed submits that the impugned order comes within the meaning of decree as defined in sub-section (2) of section 2 of the Code, ina......o granted earlier by this court is also vacated. Send down the lower court records at once if already received by the office of this Court. Ed. This Case is also Reported in: 58 DLR (2006) 298. ..Category: Procedural Law | Date: | Hits: 90
Amin Uddin (Md.) Vs. State, 2006, 35 CLC (HCD)
....ould not be quashed or to pass such other or further order or orders as this Court may seem fit and proper. 2. Pending disposal of the Rule further proceedings as above was stayed. 3. Rule was made returnable within 4 weeks. 4. Rule being ready was fixed at the instance of State opposite pa...... matter having great social importance giving top most priority. LC records along with copy are sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 294, 26 BLD (HCD) (2006) 433. ......ction 9(1) of Nari-o-Shishu Nirjatan Daman Ain, 2000 as amended, now pending in the Court of Nari-o-Shishu Nirjatan Daman Tribunal, Brahmanbaria should not be quashed or to pass such other or further order or orders as this Court may seem fit and proper. 2. Pending disposal of the Rule further pr...... matter having great social importance giving top most priority. LC records along with copy are sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 294, 26 BLD (HCD) (2006) 433. ..Category: Criminal Law | Date: | Hits: 48
Nabisco Biscuit and Bread Factory Ltd. Vs. Baby Food Products Ltd. and another, 2005, 34 CLC (HCD)
....ed to take necessary steps in accordance with law to effect rectification of the Register of Trade Marks in the light of this Judgment. Ed. This Case is also Reported in: 58 DLR (2006) 287. ......ected to take necessary steps in accordance with law to effect rectification of the Register of Trade Marks in the light of this Judgment. Ed. This Case is also Reported in: 58 DLR (2006) 287. ......No. 2, ought not to have registered the impugned trademark of opposite party No. 1 in view of the provisions of section 10(1) and 8(a) of the Act. It is stated that the petitioner engaged a lawyer in order to oppose the registration of the impugned trademark No. 21508 in class 30 accordingly; Opposi......ected to take necessary steps in accordance with law to effect rectification of the Register of Trade Marks in the light of this Judgment. Ed. This Case is also Reported in: 58 DLR (2006) 287. ..Category: Intellectual Property Law | Date: | Hits: 386
Motleb Mondal Vs. State & others, 2005, 34 CLC (HCD)
....under section 540 of the Code of Criminal Procedure to be examined in Sessions Case 28/2001 should not be set aside or pass such other order or orders as this court may deem fit and proper. Rule was made returnable within 4 weeks. 2. Pending hearing of the Rule further proceedings of both Session......57/2000 in accordance with law and in the manner as directed in the cited decision as reported in 18 DLR SC 474. Copy is sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 282. ......nce Court Jenaidah, was issued calling upon opposite party Nos. 1-11 including State, opposite party No.1 represented by Deputy Commissioner Jenaidah to show cause as to why the impugned judgment and order dated 9-9- 2004 by Additional Sessions Judge, 1st Court Jenaidah rejecting the prayer of the p......57/2000 in accordance with law and in the manner as directed in the cited decision as reported in 18 DLR SC 474. Copy is sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 282. ..Category: Criminal Law | Date: | Hits: 41
Sonali Bank Limited and Others Vs. Prime Global Limited and Others, 2011, 40 CLC (AD)
....tions, one filed by the respondent No.1 and another filed by the petitioner which was ultimately withÂdrawn. 3. It appears that the petitioner-defendant filed an application under section 19(2) read with section 57 of Artha Rin Adalat Ain, 2003 before the Artha Rin Adalat No.4, Dhaka, praying fo......from the date of receipt of this order in accorÂdance with law. Ed. This Order is also Reported in: 63 DLR (AD) (2011) 99, 31 BLD (AD) (2011) 49, 16 MLR (AD) (2011) 151, 8 LG (AD) (2011) 119. ......represented-Respondent Nos. 3-5. Civil Petition for Leave to Appeal No. 2347 of 2010. Order ABM Khairul Hague CJ. - This petition for leave to appeal has been filed against the Judgment and order dated 25.08.2010, passed by the High Court DiviÂsion in Writ Petition No. 7916 of 2008, makÂ......from the date of receipt of this order in accorÂdance with law. Ed. This Order is also Reported in: 63 DLR (AD) (2011) 99, 31 BLD (AD) (2011) 49, 16 MLR (AD) (2011) 151, 8 LG (AD) (2011) 119. ..Category: Civil Law | Date: | Hits: 102
Sonali Bank Limited and others Vs. M/s. Fair Chemicals (Pvt) Ltd. and others, 2011, 40 CLC (AD)
....pondents, informs us that the P.W.1 is presently keeping on well. Under the circumstances, P.W.1 will be cross-examined in court, not on commission. 6. It appears that the defendant petitioner had also laches in conducting the suit before the Trial Court. As such, let a cost of tk. 10,000/- be......imposed upon the petitioner for payment to the plaintiff respondents. With these observations and directions this petition is disposed of. This Order is also Reported in: 19 BLT (AD) (2011) 52. ......Not represented-Respondent Nos. 3-5. Civil Petition for Leave to Appeal No.188 of 2011. Order ABM Khairul Hague CJ.- This petition for leave to appeal has been filed against the judgment and order dated 11.12.2010, passed by the High Court Division in Civil Revision No.3019 of 2010, making ......imposed upon the petitioner for payment to the plaintiff respondents. With these observations and directions this petition is disposed of. This Order is also Reported in: 19 BLT (AD) (2011) 52. ..Category: Civil Law | Date: | Hits: 82
Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed and others, 2006, 35 CLC (HCD)
....itioner Vs. Md. Syed Saifuddin Jaheed and others…………………………Opposite Parties. Judgment March 7, 2006. Case Referred to- Seth Shivrottam G Mohatta Vs. Messrs Mohammadi Steamship Co. Ltd, 17 DLR 487. Lawyers Involved: Sk Zulfiqur Bulbul Chowdhury, Advocateâ€......aside and the original suit being Miscellaneous Appeal No. 76 of 1992 be restored to its original file and number. Ed. This Case is also Reported in: 58 DLR (2006) 277, 26 BLD (HCD) (2006) 388. ......, Advocate—For the petitioner HN Nondy, Advocate—For the Opposite Parties. Civil Revision No. 1255 of 2000. Judgment Siddiqur Rahman Miah J. - This Rule arises out of the judgment and order dated 25-11-1999 passed by the learned Additional District Judge-cum-Bankruptcy Court, Chittag......aside and the original suit being Miscellaneous Appeal No. 76 of 1992 be restored to its original file and number. Ed. This Case is also Reported in: 58 DLR (2006) 277, 26 BLD (HCD) (2006) 388. ..Category: Property Law | Date: | Hits: 115
Kazi Rashed Akhter Shahid (Prince) Vs. Rokshana Choudhury (Sanda), 2006, 35 CLC (HCD)
....ted 16-2-2004 passed by the learned District Judge, Tangail in Family Appeal No. 37 of 2002 affirming the judgment and decree dated 17-10-2002 passed by the learned Assistant Judge and Family Judge, Sadar Tangail in Family Case No. 11 of 1999 decreeing the case. 2. The plaintiff-opposite party Mo......of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 271, 26 BLD (HCD) (2006) 613. ......nated. 17. Now the point for determination is, whether the talaq pronounced by the petitioner has become effective and whether the marriage between the parties has been dissolved or not. 18. In order to consider this point, it is necessary to refer section 7 of the Muslim Family Laws Ordinance......of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 271, 26 BLD (HCD) (2006) 613. ..Category: Family Law | Date: | Hits: 184
State Vs. Harun Chowdhury, District Magistrate and Mostafa Kamal, SP Sylhet, 2005, 34 CLC (HCD)
.... heard the learned Advocates of both the contemners and the learned Assistant Attorney-General, in the instant case Harun Chowdhury, as the District Magistrate, Sylhet was holding the office of the Head of the Magistracy in the District and Mostafa Kamal, Superintendent of Police, Sylhet was holding......tafa Kamal, Superintendent of Police, Sylhet are exonerated from the charge of contempt of Court and they are warned to be careful in future. Ed. This Case is also Reported in: 58 DLR (2006) 267.......n Chowdhury, District Magistrate, Sylhet and Mr. Mostafa Kamal, Superintendent of Police, Sylhet to show cause as to why they should not be punished for committing contempt of Court for violating the orders dated 8-3-2005 and 2-4-2005 passed by this Hon'ble Court. 2. Both the contemners have ap......tafa Kamal, Superintendent of Police, Sylhet are exonerated from the charge of contempt of Court and they are warned to be careful in future. Ed. This Case is also Reported in: 58 DLR (2006) 267...Category: Civil Law | Date: | Hits: 1272
MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)
....tional District Judge & Dewlia Adalat, Chittagong and another…… Respondents. Judgment November 17, 2005. Cases Referred to- Messrs Speed Bird Navigation Co. and another Vs. Bangladesh and others, 27 DLR 170; Fazle (Md.) Rabbi and others Vs. Election Commissioner, Shere Bangla N......nal District Judge and Bankruptcy Court, Chittagong in Bankruptcy Case No. 6 of 2000 is declared to have been passed with lawful authority. Ed. This Case is also Reported in: 58 DLR (2006) 258. ......nts. Writ Petition No. 485 of 2001. Judgment Md. Muzammel Hossain J.- This Rule was issued at the instance of the petitioner calling upon the respondents to show cause as to why the impugned order No. 16 dated 20-11-2000 passed by respondent No. 1 in Bankruptcy Case No. 6 of 2000 (Annexure-......nal District Judge and Bankruptcy Court, Chittagong in Bankruptcy Case No. 6 of 2000 is declared to have been passed with lawful authority. Ed. This Case is also Reported in: 58 DLR (2006) 258. ..Category: Civil Law | Date: | Hits: 131
Md. Lokman @ Lokman Vs. State, 2010, 39 CLC (AD)
....tion is dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 156, 8 LG (AD) (2011) 81, 31 BLD (AD) (2011) 60. ......Rule requiring no interÂference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 156, 8 LG (AD) (2011) 81, 31 BLD (AD) (2011) 60. ......Lawyers Involved: T.H. Khan, Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioner. Criminal petition for Leave to appeal No. 270 of 2009. (From the judgment and order dated 18-03-2009 passed by the High Court Division in Criminal Revision No.1142 of 2007.) J......Rule requiring no interÂference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 156, 8 LG (AD) (2011) 81, 31 BLD (AD) (2011) 60. ..Category: Criminal Law | Date: | Hits: 73
Dhaka Leather Complex Ltd. Vs. Sikder Construction Ltd. and another, 2009, 38 CLC (AD)
....kder Construction Ltd. and another………………….Respondents Judgment August 4, 2009. Cases Referred To- Overseas Cotton Co. Vs. S.M. Fazail and Co. PLD 1958 (WP) Karachi 27; Mohammad Shafi Vs. Mohammad Sabir, PLD 1960 Lah 591; Abdus Salam and another Vs. Osman Gani and another, B......ost. The impugned judgment and order dated 18-08-2003 passed by the High Court Division in First Appeal No. 255 of 2002 is hereby affirmed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 75.......vocate-On-Record-For the Appellant A.W. Bhuiyan, Senior Advocate instructed by Md. Aftab Hossain, Advocate-On-Record-For the Respondents. Civil Appeal No. 208 of 2004. (From the judgment and order dated 18.08.2003 passed by the High Court Division in F.A. No.255 of 2002.) Judgment Md.......ost. The impugned judgment and order dated 18-08-2003 passed by the High Court Division in First Appeal No. 255 of 2002 is hereby affirmed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 75...Category: Alternative Dispute Resolution | Date: | Hits: 187
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