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Superintendent Engineer, PWD & another Vs. A Mahiuddin and others, 2007, 36 CLC (HCD)

....e and the judgment and decree dated 4-3-2002 passed by the learned Joint District Judge, is hereby affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 476. ......e and the judgment and decree dated 4-3-2002 passed by the learned Joint District Judge, is hereby affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 476. ......itioners, submits that the lease of the plaintiff-opposite party was expired on 14-8-1998; that he has no right in the suit land, that the learned Additional District Judge, without consi­dering the facts of the case and misreading the evidence on record passed the impugned judgment and decree and ..

Category: Property Law | Date: | Hits: 28

Jinnat Ali (Md) Vs. Md. Abu Bakkar Siddique and others, 2002, 31 CLC (HCD)

....‘1995 in Miscellaneous Appeal No. 88 of 1995 are hereby affirmed. Send down the LCR with a copy of this judgment to the Court concerned. Ed. This Case is also Reported in: 55 DLR (2003) 92. ......ithin 30 days by the pre­emptor in favour of the pre-emptee. On the other hand, the learned Subordinate Judge while disposing the appeal concurred with the findings of the learned trial Court on the question of defect of party, limitation and pre-emptees claim of some other price other than the pri......ous Appeal No. 88 of 1995 reversing those of the learned Assistant Judge, Phulpur, District Mymensingh dated 29‑8‑1993 allowing the pre‑emption in Miscellaneous Case No. 91 of 1992. 2. Short facts for disposal of this Rule are that the petitioner as pre‑emptor sought pre‑emption of the ..

Category: Property Law | Date: | Hits: 37

Mohsina Rahman alias Jaya Vs. Abdul Majid and others, 2001, 30 CLC (HCD)

....the Miscellaneous Case No. 34 of 1998 and Title suit No. 142 of 1998 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 138. ......f the case passed judgment and order in CPLA No.6 of 1996 with the observation that the defendant-petitioner is willing to return the amount of salami received by her and also agreeable to decide the question of further claims of the plaintiffs-opposite parties along with compensation by way of Arbi...... as to why the impugned order dated 16-5-99 passed by the Subordinate Judge, 5th Court, Dhaka in Title Suit No.164 of 1998 complained in the petition moved in Court should not be set aside. 2. The facts relevant for the purpose of disposal of this Rule are, that the opposite-parties as plaintiffs..

Category: Civil Law | Date: | Hits: 77

Hamida Real Estate Construction Ltd. and another Vs. Malika Hasina Jahan (Lili) and others, 2007, 36 CLC (HCD)

.... 21 of 2006 is set aside and the opposite party No. 1 is at liberty to file revisional application in the relevant court if so desires. Ed. This Case is also Reported in: 59 DLR (2007) 470. ......e is un­limited or upto 5 lac and whether the learned Additional District Judge, Court No. 7, Dhaka com­mitted any error in passed the impugned order dated 29-3-2006. 24. For determining the question as to whether the learned District Judge or Additional District Judge has jurisdiction to h......torney on 14-8-2004 executed by the defendant-opposite party No. 1, Malika Hasina Jahana (Lili), canceling the power of attorney dated 23-7-1998 and suppressed all the aforementioned transactions and facts and circumstances of the case. 8. It is also stated that the defendant-opposite party N..

Category: Property Law | Date: | Hits: 34

Abdul Aziz Master (Md) and others Vs. State, 2005, 34 CLC (HCD)

....ake proper steps as per observations made in the body of the judgment. The order taking cognisance by the learned Sessions Judge is quashed. Ed. This Case is also Reported in: 59 DLR (2007) 468. ...... the State-Opposite Party. Mir Mahfuzur Rahman, Advocate—For the Applicant. Criminal Miscellaneous Case No. 5519 of 2003. Judgment Sharifuddin Chaklader J.- This Rule calls for a simple question to answer, whether the learned Sessions Judge under law is empowered to take cognisance of ......ake proper steps as per observations made in the body of the judgment. The order taking cognisance by the learned Sessions Judge is quashed. Ed. This Case is also Reported in: 59 DLR (2007) 468. ..

Category: Criminal Law | Date: | Hits: 33

Mark Builders Limited Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)

....r observations. Let a copy of this order be also sent to the Chairman of the National Board of Revenue for guidance and proper action. Ed. This Case is also Reported in: 59 DLR (2007) 463.......R 330. Mr. Kazi Waliul Islam, the learned Deputy Attorney-General however tried to defend the impugned order. We have perused the record as placed. As stated hereinabove in the reference mainly three questions regarding dis-allowances, rejection of expenses and addition that arise out of the order o...... Sarder Jinnat Ali, Advocate—For the Applicant. Kazi Waliul Islam, Deputy Attorney-General—For the Respondent. Reference Application No. 266 of 2002. Judgment Md. Abdur Rashid J.- The facts upon which the above reference was presented in short, are, that the applicant was a limited c..

Category: Fiscal/Taxation Law | Date: | Hits: 99

Iqbal Hossain Mollah Vs. Director, Plant Protection Wing and others, 2006, 35 CLC (HCD)

....led on behalf of the petitioner in accordance with law expeditiously. Communicate the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 458.......ng the material allegations made in the writ petition and stating, inter alia, that the writ petition was filed with mala fide intention to get undue advantage. The writ petition does not involve any question of law, rather it involves complicated question of facts and, as such, the Rule is liable t......ating, inter alia, that the writ petition was filed with mala fide intention to get undue advantage. The writ petition does not involve any question of law, rather it involves complicated question of facts and, as such, the Rule is liable to be discharged. It is stated that permission had not been i..

Category: Business or Commercial Law | Date: | Hits: 219

Nirode Baran Barua Vs. Mrinal Kanti Das and others, 2006, 35 CLC (HCD)

....e is discharged. The order of stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 456. ...... Khondker Mahbub Hossain with Afroza Nazneen, Advocates—For the Opposite Parties. Miscellaneous Case No. 5183 of 2004. Judgment Sharifuddin Chaklader J.- This Rule involved a question as to whether a Magistrate can take cognisance of an offence on final report without examin......ddin Chaklader J.- This Rule involved a question as to whether a Magistrate can take cognisance of an offence on final report without examining the complainant on naraji petition. 2. The short facts relating for disposal of this Rule are, that the complainant had a good relation­ship with th..

Category: Criminal Law | Date: | Hits: 27

Masudur Rahman Vs. Secretary, Ministry of Law, Justice & parliamentary Affairs & ors., 2003, 32 CLC (HCD)

....ders of stay is recalled and vacated. Send a copy of this judgment to the respondent No. 3 for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 448. ......ders of stay is recalled and vacated. Send a copy of this judgment to the respondent No. 3 for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 448. ......ulent statements of fact and by actively conniving with the concerned offi­cials of the Ministry of Law, Justice and Parlia­mentary Affairs to open a part file on the matter by suppressing material facts. It is further stated that subsequently when this matter was brought to the notice of the Hon'..

Category: Civil Law | Date: | Hits: 77

Jatio Mahila Ainjibi Samity Vs. Government of the People's Republic of Bangladesh and others, 2006, 35 CLC (HCD)

....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. ......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. ......te parties to show cause as to why the detenu Nazma Akhter who is now being detained in "Nirapad Abason" under Shamaz Sheba Adhidaptor, Barisal should not be released from the safe custody. 2. The facts relevant for the purpose of dis­posal of the Rule, in short, are, that the mother of the dete..

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.......en arranged to be triable by Special Tribunal and appeal against deci­sion by said Tribunal was to be filed before the High Court Division and not before Sessions Judge at all. 13. He argues that question of Jurisdiction as above is getting priority for reasons noticed earlier so decisions of bo......l that there was a mistrial or trial without jurisdiction, the Court of appeal before directing a fresh trial by an appro­priate Court should also see if such direction should at all be given in the facts and circumstances of a particular case. Prosecution should not be given a chance to fill up..

Category: Criminal Law | Date: | Hits: 30

Zamir Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)

....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.......tted by the convict-appel­lants and thereafter the tribunal Judge correctly con­victed them and passed the sentence accordingly. 19. The learned Deputy Attorney-General, when confronted with the question as to the erron­eous sentence of transportation for life, further sub­mits that if any er......osive Substances Act, 1908, the learned Tribunal Judge committed illegality in passing the impugned judgment of conviction and sentence which cannot be sustained against the convict-appellants on the facts and circumstances of the case. 13. The learned Advocate, Mr. Subrata Chow­dhury next submi..

Category: Criminal Law | Date: | Hits: 30

New Zealand Milk Brands Ltd. Vs. Unilac Sanowara (BD) Ltd. & ors., 2005, 34 CLC (HCD)

....No. 62724 for milk powder, filed by opposite party No. 1, registered on 28-11-1999, is in complete derogation of the provisions laid down in sections 10(1) and 8(a) of the Act whereby registration of identical or similar trademarks is prohibited. It is contended that such registration by opposite pa......tion for registration of the trade mark "Red Cow" with the device "Cow" under section. 10 of the Act. It is further contended by opposite party No. 1 that Unilac Australia never used the trademark in question and the petitioner has no market in this country of any goods using the trademark and since...... such, It is liable to be removed by way of recti­fication. It is claimed by the petitioner that opposite party No. 1 has obtained registration of the impug­ned trademark by suppression of material facts and by falsely claiming to be proprietor of the mark. The petitioner claims that the opposite ..

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. ...... is called for in the revision under section 115(1) of the Code of Civil Procedure. ……………………………………….(13) When the appellate Court as the final Court of facts decides questions of fact and records its finding on consideration of the evidence, the High Court Division ......s discharged without any order as to the costs. The concurrent findings of fact should not be disturbed 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 r..

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. ......s of the PWs the fact which is unfolded is that on the date of occurrence the victim was admittedly seen together with the appellant going towards some destination riding on a rickshaw. Now comes the question, whether the victim voluntarily went with the appellant or she was forced by the appellant ......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. ..

Category: Criminal Law | Date: | Hits: 33

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. ...... 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. ...... lodged the FIR against the said accused person. Thereafter, the Anti-Corruption Bureau sought sanction from the office of the Hon'ble Prime mister/Government but the Government after considering the facts as available in the file accorded sanction to prosecute the petitioner and at its discretion r..

Category: Anti-Corruption Laws | Date: | Hits: 140

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. ......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. ......the Subordinate Judge, First Court, Barisal in Title Appeal No.22 of 1985 reversing those dated 08.12.1984 passed by the Munsif (now Assistant Judge), Gournadi in Title Suit No.391 of 1984. 2. The facts involved in case, in short, are that the predecessor of respondent Nos.1 and 59-61 instituted ..

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. ......ional statement is marked Exhibit 6 while the signature of magistrate therein is marked Exhibit 6/1 and that of accused is marked Exhibit 6(a). In reply to cross-examination, PW 16 says that he put 5 questions to the accused, disclosed his identity as Magistrate, cautioned the accused about the cons......t of self-defence does not arise at all. We find no ingredients of section 304 part II of the Penal Code and the decisions of cases cited by the learned Advocate, have no manner of application in the facts and circumstances of this case. 13. Accused Shahjahan admitted in his confession that i..

Category: Criminal Law | Date: | Hits: 29

Abdul Mannan Sheikh (Md) Vs. Soleman Bewa and others, 2007, 36 CLC (HCD)

....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. ......H Afric, Advocate—For the Petitioner. ASM Rahmatullah, Advocate—For the Opposite-Party. Civil Revision No. 2328 of 2001. Judgment SM Ziaul Karim J.- This Rule calls in question the legality and propriety of the judgment and decree dated 25-3 2001- passed by the learne......eal No. 256 of 1997 reversing those dated 13-10-1997 passed by the learned Senior Assistant Judge, First Court, Naogaon Sadar, in Other Class Suit No. 80 of 1996, dismissing the suit. 2. Short facts leading to this Rule are that on 13-7-1996, Soleman Bewa, predecessor of apposite parties as p..

Category: Property Law | Date: | Hits: 26

Syed Salahuddin Ahmed Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....y each of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs and the Ministry of Communication. Ed. This Case is also Reported in: 59 DLR (2007) 388. ......ght for enjoying the property since 18-11-1993. After cancellation of the lease agreement of the petitioner on 18-11-1993, the application of respondent No. 7 for lease was considered and the land in question was leased out to him by an agreement executed on 14-5-2003 and possession of the land had ......(Annexure-C) and the action of the respondents in evicting the petitioner from his leasehold land, vide Annexure-A should not be declared to have been made without any lawful authority. 2. The facts leading to the issuance of the Rule, in brief, are: The petitioner obtained lease of the dispu..

Category: Constitutional Law | Date: | Hits: 200