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Firoz Hossain Shah (Md.) Vs. State, 2005, 34 CLC (HCD)

.... in the Court of Magistrate, First Class, Rangpur is quashed. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 58 DLR (2006) 361. ......2002 got a decree for the said amount, as such, the instant proceeding if allowed to continue, that will perpetuate an injustice to the accused petitioner, as such, for ends of justice, the aforesaid case is liable to be quashed. 3. Mr. Md. Shafiquel Islam Siddique, learned Advocate appearing for..

Category: Criminal Law | Date: | Hits: 46

Abdul Mazid (Md.) Vs. State, 2006, 35 CLC (HCD)

.... However, imposition of fine shall remain unaltered. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 355.......r section 304 of the Penal Code and sentencing him to suffer imprisonment for life and also to pay a fine of Taka 5000, in default, to suffer rigorous imprisonment for one year. 2. The prosecution case, in a nutshell, may be stated as follows: 3. The accused-appellant Md. Abdul Mazid and the d..

Category: Criminal Law | Date: | Hits: 93

Mashriqui Jute Mills Vs. Chairman, Second Labour Court & another, 2005, 34 CLC (HCD)

....nexure C to the petition) is declared to have been made without lawful authority and is of no legal effect. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 352.......hanged. The dismissal order was illegal and hence the respondent No. 2 filed the aforesaid Complaint Case No. 29 of 1996. 3. The writ-petitioner appeared in the Labour Court and contested the said case by filing a written statement denying all the material allegations made against him and stating..

Category: Employment/Service Law | Date: | Hits: 67

Abdus Salam (Md.) Vs. Deputy Registrar of Trade Marks and others, 2005, 34 CLC (HCD)

....a is directed to dispose of Trade Marks Appeal No. 5 of 2004 on merit in accordance with law. No order as to costs in any of the appeals. Ed. This Case is also Reported in: 58 DLR (2006) 343.......g the trade mark since 1980 yet, they applied for the removal of the trade mark only on 9-11-1997. After filing of the objection the applicant-appellant filed evidence in support of the rectification case, but on behalf of the respondent co-counter statement and evidence were filed, consequently the..

Category: Intellectual Property Law | Date: | Hits: 189

Ismail Howlader and others Vs. State, 2006, 35 CLC (HCD)

....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.......e and each of them were sentenced to imprisonment for life and also to pay a fine of Taka 2000 in default, to suffer rigorous imprisonment for 1 (one) year more. 2. Briefly stated, the prosecution case is that on 13-5-1993, informant Sahar Ali (since dead) lodged an ejahar (first information repo..

Category: Criminal Law | Date: | Hits: 43

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. ......ibazar, which was subsequently transferred to the Court of Joint District Judge, First Court, Mouivibazar, for partition of his 2/3 rd share out of 2.782/3 acres in the schedule properties. 3. The case of the plaintiff, in short, is that Babu Ram Singh was the owner of the suit land who died leav..

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....... 5. Mr. Rafique-ul-Huq, the learned Advocate appearing for the respondents, on the other hand, submits that the trial Court has rightly disbelieved the evidence on record which failed to make out a case of fraud or fraudulent suppression of service of summons upon the defendants of Other Suit No. ..

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.......cious and was taken to Mitford Hospital where 19 stitches were required on her head. Initially an attempt was made to settle the matter, but since no compromise was reached, the informant lodged the case. 3. After investigation and due process of trial, upon consideration of the evidence of 5 pr..

Category: Criminal Law | Date: | Hits: 97

Faruque Hasan Vs. Titas Gas Transmission and Distribution Company Ltd. and others, 2005, 34 CLC (HCD)

.... 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.......ubmits that in view of such specific provisions under the law, the petitioner not having resorted to the alternative remedy these Rules are not maintainable. Mr. Tufailur Rahman further refers to the case of Abdul Mannan Talukder Vs. Bangladesh House Building Finance Corporation and another reported..

Category: Employment/Service Law | Date: | Hits: 75

Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)

....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.......d Magistrate to draw proceeding against the 2nd party Abdul Ahad and others under section 144 of the Code of Criminal Procedure with a prayer to restrain the accused-petitioner from entering into the case land which was ultimately converted to a Miscellaneous proceeding under section 145 of the Code..

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....... rule 5 of the Code of Civil Procedure. 6. The opposite party filed an objection against the same on 6-2-2003. 7. The learned Joint District Judge considering the facts and circumstances of the case rejected the application by his order No. 113 dated 6-2-2003 on the ground that the application..

Category: Property Law | Date: | Hits: 131

Mansur Ali Howlader Vs. Nurul Islam Howlader, 2004, 33 CLC (HCD)

....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.......ting the memo of appeal preferred against the ex parte judgment and decree dated 16-4-1985 and 20-4-1985 respectively passed by the Subordinate Judge, Barisal in Title Suit No. 285 of 1971. 2. The case of the petitioner, in brief, is that the predecessor of the opposite parries Nos. 1-16. Sadek H..

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. ......he learned Senior Assistant Judge, Second Court, Dhaka rejecting the plaint under Order VII, rule 11 of the Code on the application filed by the defendant-opposite party applicant. 3. Facts of the case, in short, is that the plaintiff-petitioner filed the suit for permanent injunction against the..

Category: Procedural Law | Date: | Hits: 90

Amin Uddin (Md.) Vs. State, 2006, 35 CLC (HCD)

.... 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. ......7(1) of the Ain as amended will mean a report contemplated under, section 173 of the Code of Criminal Procedure and said above police report is to be submitted after holding investigation in a police case started upon first information report lodged in thana as PS case or even in a complaint case if..

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. ...... valid right, title and interest in the trademarks. 6. In an affidavit-in-reply to the affidavit-in opposition the petitioner stated that the learned lawyer responsible for handling the opposition case left the case unattended without information to the petitioner. It further denied the allegatio..

Category: Intellectual Property Law | Date: | Hits: 386

Motleb Mondal Vs. State & others, 2005, 34 CLC (HCD)

....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. ......y the impugned judgment and order dated 9-9- 2004 by Additional Sessions Judge, 1st Court Jenaidah rejecting the prayer of the prosecution of the Sessions Case 28/2001 to call the witnesses of chalan case (state case) of Sessions Case 57/2000 as Court witnesses under section 540 of the Code of Crimi..

Category: Criminal Law | Date: | Hits: 41

Sonali Bank Limited and Others Vs. Prime Global Limited and Others, 2011, 40 CLC (AD)

....from the date of receipt of this order in accor­dance 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. ...... If the summons could not be served through process server in spite of due dili­gence, only then the suit may be made ready on the basis of the above noted alternative modes. 12. Due diligence in case of service of summons can be shown by the report of the process server that he went to the addr..

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. ......ord. It is alleged on behalf of the petitioners that the P.W.1 was examined on commission without serving any notice upon the learned Advocate of the defendants. In the facts and circumstances of the case, the order of the learned Joint District Judge allowing re-call of the P.W. 1 for cross-examina..

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. ......Other Suit No 76 of 1992 for declaration of title, separate possession and partition in the First Court of Subordinate Judge, Sadar, Chittagong. 3. The short facts relevant for the purpose Of this case are that the suit land belonged to Md. Ibrahim and RS khatian was prepared in his name who died..

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. ......il 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 Most Rokshana Choudhury (Sanda) filed Family Suit No. 11 of..

Category: Family Law | Date: | Hits: 184