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Sultan Miah (Md) Vs. Kazi Abu Siddique and others, 2005, 34 CLC (AD)
....ned. Judgment of the, High Court Division causing failure of justice in making the Rule absolute. Therefore, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......ibility of his being dispossessed from the western side of the suit land filed the suit. During the pendency of the suit, the plaintiff having been dispossessed from a portion of the suit land made a prayer for mandatory injunction. 3. The defendant‑respondents contested the suit by fil..Category: Civil Law | Date: 8 May, 2004 | Hits: 825
Asadul Hoque, Trading as Samrat Shoe Vs. Registrar of Trade Marks & another, 2004, 33 CLC (HCD)
.... observations made hereinbefore. The impugned order passed by the Registrar of Trade Marks is set aside. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 565. ......trar of Trade Marks, it appears that although the appellant took time by filing application under TM 55 on 20-4‑97 yet on 11‑6‑97 he again prayed for time, and the Registrar after rejecting the prayer for time heard the case ex parte and allowed the application filed by the respondent cancelli..Category: Others | Date: 5 May, 2004 | Hits: 4
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ......e-emption as of being the co-sharer of the ejmali land of the holding i.e. R.S. Khatian No.791/1 and that the land sought to be pre-empted is contiguous to the land whereof he is a co-sharer. 6. The prayer for pre-emption was opposed by filing written objections stating amongst others that the pray..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
....dy is yet available is not a rule of law barring the jurisdictions of the Court. It is a rule by which the Court regulates the exercise of its own discretion. Court may entertain a writ petition when alternative remedy of appeal is not equally efficacious and effective but not when such remedy is av......Affidavit dated 15‑3‑2004 that the writ petitioner filed an appeal on 9‑3‑2004 under section 48(2) of the Bank Companies Act before the Board of Directors of Bangladesh Bank together with the prayer for stay of the impugned order of removal but the said Board of Directors acknowledged the re..Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175
Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
....d dated 22‑6-2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ......ntment of fresh Arbitrator. By order dated 12‑1‑2000 Mr. Abdul Wadud Chowdhury, J was appointed sole Arbitrator and the plaintiff was asked to pay the entire remuneration of the Arbitrator on his prayer. 12. Before the Arbitrator, the respondent company submitted a statement of claims of Ta..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3
Shakawat Hassan Vs. State, 2004, 33 CLC (HCD)
.... This Case is also Reported in: 57 DLR (2005) 244. ......tioner has no forum to surrender, but the police, being influenced by the enemies of the accused petitioner, are after the petitioner. The petitioner has therefore, surrendered before this Court with prayer for anticipatory bail. He relied upon a decision of the High Court Division reported in 48 DL..Category: Criminal Law | Date: 4 Apr, 2004 | Hits: 1
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ......isappropriation covering a period of more than twelve months and therefore only one case will not be maintainable under the law. The learned Special Judge by the order dated 16‑7‑1995 allowed the prayer of the learned Special Public Prosecutor. Thereupon, the accused‑respondents in the respect..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....at the situation differs from that which was taken for granted at the time of hearing of the appeal or the petitions for leave to appeal the decision in a review petition may be different. But no alternative situations were presented before us at the hearing of the review petitions. On the oth......e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
....n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed.......lication seeking examination of disputed signature by handwriting expert and also directing the defendant No. 1 to pay Taka 3,000 to the plaintiff as a condition precedent of allowing the defendant's prayer for examination of the disputed signature by the handwriting expert. It may be mentioned the ..Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
BRTC Vs. Md. Esken Mollick and anr., 2004, 33 CLC (AD)
....as come to a correct decision and there being no error in the said judgment, the appeal has no substance. In the result the appeal is dismissed without any order as to costs. Ed. ......legations and an enquiry officer was appointed for holding enquiry into the matter who fixed 8‑2‑1992 for enquiry, but the wife of the respondent No. 1 being ill he could not appear and prayer for time was made which being not allowed the management proceeded with the proceeding ex pa..Category: Labour and Industrial Law | Date: 16 Mar, 2004 | Hits: 99
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)
....nt District Judge is directed to hear and dispose of the suit within a period of three months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 317. ......nforcement of an agreement and the third is not a party to the agreement, his presence at the hearing of the suit is not at all necessary and the trial Court committed a serious error in allowing the prayer for addition which has resulted in failure of justice. 5. Secondly, he submitted that in..Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5
State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)
....his relatives shall be sentenced to death. In order to bring the offence within the ambit of the offence, it is necessary for the prosecution to prove that the death is caused on account of dowry. No alternative punishment has been provided for the offence. Now the question is, whether the Bishesh A......inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ..Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164
State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)
....is the established principle of criminal jurisprudence that the defence is not required to examine any witness in support of its case. The defence is always in an advantageous position it can suggest alternative defence case to the prosecution witnesses. If the defence version lends support from the...... a copy of his judgment for future reference. Send down the lower court records. Ed. This Case is also Reported in: 57 DLR (2005) 289. ..Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5
State Vs. Bahar Miah, 2004, 33 CLC (HCD)
....er assaulted Shamima to death for dowry. Therefore, these statements are not legally admissible in law. The learned Judge of the Tribunal illegally recorded the statements of the witnesses or, in the alternative, he illegally allowed the public prosecutor to lead such inadmissible evidence. 8. Th......he offence for taking necessary steps in accordance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ..Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163
Mirpur Mazar Co-Operative Market Society Ltd. Vs. Capital Tower (Pvt) Ltd & Ors., 2006, 35 CLC (AD)
....ted in 1992, that amongst the objects, one is to carry on business of clinic and hospital, that the Company applied to the authority seeking lease of the land in question or, in the alternative, another specified plot for the purpose of construction of a hospital building and after......he said defendant. It was further prayed that in case the lease deed is executed and registered in favour of the defendant No. 6 in that case the said lease deed be declared as void. There was also a prayer for mandatory injunction against the defendant Nos. 1-5 for restoring the nature of the land ..Category: Property Law | Date: 18 Jan, 2004 | Hits: 86
Md. Rahimuddin Mia (Bharasa) Vs. The Registrar of Trade Marks and another, 2003, 32 CLC (HCD)
.... alternate remedy is available against the decision of the Registrar. In the event of rejection of an opposition he can file an appeal under section 76 of the Act to the High Court Division or in the alternative can file a rectification case under section 46 of the Act. The remedy is parallel to eac......class 34 dated 5.5.94 together with its existing features of label, get up and design. There will be no order as to costs. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 233. ..Category: Intellectual Property Law | Date: 15 Dec, 2003 | Hits: 18
Dr M A Mazed & ors. Vs. Bangladesh represented by the Solicitor, 2004, 33 CLC (AD)
....ackground of the discussions made hereinbefore we find no merit in this appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 164. ......itation Act seeking condonation of delay of the said days and thereupon Rule, Criminal Rule No. 88(R) of 2001 was issued. 2. The appellants entered appearance in the Rule and opposed the prayer for condonation of delay. The High Court Division condoned the delay upon observing that the ..Category: Procedural Law | Date: 10 Dec, 2003 | Hits: 108
Govt. of People's Repub. of BD & other Vs. Md. Shamsul Haque & other, 2004, 33 CLC (AD)
.... 10. We do not find any substance in the submission of the learned Counsel for the petitioners for any interference with the impugned judgment and order. The petition is dismissed. Ed. ......ct and thus the case must be sent back to the Court of Settlement for trial. This view of ours gets support from a decision of this Court as reported in 45 DLR 304. As regards the prayer for restoration of the possession to the petitioner, we find that there is an order of inju..Category: Property Law | Date: 7 Dec, 2003 | Hits: 139
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
.... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ......or within the extended time as may be allowed by the lessor and as no construction was made within 3 years, a show cause notice was issued on September 16, 1989 and they replied to the said with the prayer for extension of time and the Government allowed time up to June 30, 1990 as prayed for, that..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899