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Nil Sen Singh Vs. Radha Mohan Singh and others, 2006, 35 CLC (HCD)
....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..Category: Property Law | Date: | Hits: 75
Noorjahan Ahmed and others Vs. Tarifuddin Ahmed, 2003, 32 CLC (HCD)
....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 ..Category: Property Law | Date: | Hits: 83
Abdul Khaleque Vs. Hazera Begum and another, 2006, 35 CLC (HCD)
....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..Category: Criminal Law | Date: | Hits: 97
....or Trade Union activities as a result of which there has been no Collective Bargaining Agent (CBA) election after 1988 and that after a series of interdepartmental meetings and deliberations with the Government, a list of 40 workers and employees was prepared who had been placed under suspension for...... 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..
Category: Employment/Service Law | Date: | Hits: 75
Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)
....serves the right to bring the matter within the purview of section 417 A (2) of the Code of Criminal Procedure which run as follows: "Section 417 A.- Appeal against inadequacy of sentence (1) The Government may, in any case of conviction on a trial held by any Court, direct the Public Prosecutor......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 ..Category: Criminal Law | Date: | Hits: 60
Kazi Moniruzzaman and others Vs. Kazi Nuruzzaman and others, 2006, 35 CLC (HCD)
....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..Category: Property Law | Date: | Hits: 131
Mansur Ali Howlader Vs. Nurul Islam Howlader, 2004, 33 CLC (HCD)
....lam Howlader..........................................Opposite Parties. Judgment October 31, 2004. Cases Referred to- Indomoti Howlader Vs. ADC and others, 50 DLR 444; Delwar Hossain Vs. Government of Bangladesh and others, 50 DLR 494; HM Saya and Co Vs. Wajir Ali Industries Ltd and Hab......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..Category: Property Law | Date: | Hits: 81
Abdur Rashid Salam Vs. Md. Moniruzzaman, 2005, 34 CLC (HCD)
....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..Category: Procedural Law | Date: | Hits: 90
Amin Uddin (Md.) Vs. State, 2006, 35 CLC (HCD)
....on dated 19th July, 2003 upon report section 27(1) of amended Ain as above by police officer not below the rank of Sub-Inspector of Police or upon report by any other officer authorized in law by the Government. 22. The argument advanced on behalf of accused-petitioner is that said required repor......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..Category: Criminal Law | Date: | Hits: 48
Nabisco Biscuit and Bread Factory Ltd. Vs. Baby Food Products Ltd. and another, 2005, 34 CLC (HCD)
....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..Category: Intellectual Property Law | Date: | Hits: 386
Motleb Mondal Vs. State & others, 2005, 34 CLC (HCD)
....circumstances of the case, could permit the complainant's Counsel to conduct the proceedings on his behalf under his directions. 29. Alternatively, and that may meet the situation more adequately, Government, in the interest of justice, could notify the complainant's Counsel as special public pro......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..Category: Criminal Law | Date: | Hits: 41
Sonali Bank Limited and Others Vs. Prime Global Limited and Others, 2011, 40 CLC (AD)
....of the top 10(ten) news papers which has got the highest circulation in the country. The figure of circulation can very well be obtained from the Publication and Information DeÂpartment (PID) of the Government. These steps would ensure due diligence in the serÂvice of summons from the office of th......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..Category: Civil Law | Date: | Hits: 102
Sonali Bank Limited and others Vs. M/s. Fair Chemicals (Pvt) Ltd. and others, 2011, 40 CLC (AD)
....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 ..Category: Civil Law | Date: | Hits: 82
Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed and others, 2006, 35 CLC (HCD)
....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..Category: Property Law | Date: | Hits: 115
Kazi Rashed Akhter Shahid (Prince) Vs. Rokshana Choudhury (Sanda), 2006, 35 CLC (HCD)
....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..Category: Family Law | Date: | Hits: 184
State Vs. Harun Chowdhury, District Magistrate and Mostafa Kamal, SP Sylhet, 2005, 34 CLC (HCD)
.... Head of the Magistracy in the District and Mostafa Kamal, Superintendent of Police, Sylhet was holding the office of the Head of Police Force in the district and both are responsible officers of the Government and it is the responsibility of both of them to comply with the orders passed by this Hon......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..Category: Civil Law | Date: | Hits: 1272
MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)
...., 1997 contains various provisions in respect, of filing of the plaint and also the procedures to be adopted for disposal of a suit filed under the Act. Section 117 of the Bankruptcy Act empowers the Government to make Rules for giving effect to the provisions of the Act. Accordingly Bankruptcy Rule......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-..Category: Civil Law | Date: | Hits: 131
Md. Lokman @ Lokman Vs. State, 2010, 39 CLC (AD)
....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..Category: Criminal Law | Date: | Hits: 73
Dhaka Leather Complex Ltd. Vs. Sikder Construction Ltd. and another, 2009, 38 CLC (AD)
....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...Category: Alternative Dispute Resolution | Date: | Hits: 187
Abi Abdullah (Md.) and others Vs. Government of Bangladesh, 2005, 34 CLC (HCD)
....upreme Court High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Md. Fazlur Rahman J Abi Abdullah (Md.) and others……………..Petitioners Vs. Government of Bangladesh represented by the Secretary, Ministry of Land & others..…………â€....... Judgment Fazlur Rahman J. - This Rule under Article 102 of the Constitution of the People's Republic of Bangladesh was issued calling upon the respondents to show cause as to why the impugned order dated 29-11-94 as contained in Annexure 'E' to the writ petition issued by respondent No.1 sho..Category: Property Law | Date: | Hits: 99
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