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Government of Bangladesh Vs. Md. Ariful Islam and others, 2011, 40 CLC (AD)

....2011 be stayed till disposal of the said writ petition pending before the High Court Division. The civil miscellaneous petition is accordingly disposed of. Ed. This Case is also Reported in: ......arned Attorney General and perused the materials on record. We are of the view that the ad-interim direction given by the High Court Division is not justified under the facts and circumstances of the case but the parties may take steps for disposal of the said writ petition expeditiously, if so desi..

Category: Procedural Law | Date: | Hits: 106

Deputy Commissioner and another Vs. Md. Abu Taher and another, 2010, 39 CLC (AD)

....t and order dated 19th April, 2007 passed by the High Court Division in Writ Petition No.6142 of 2001 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 23....... of the petitioner. He also challenged the gazette notification dated 6th November, 1991 by which the afore­said property was acquired under the (Emergency) Requisition Property Act, 1948. 3. His case in short is that the property in question was requisitioned by the Government vide Requisition ..

Category: Property Law | Date: | Hits: 81

Mamun Sheikh Mamun Vs. the State, 2010, 39 CLC (AD)

.... of paper books is dis­pensed with as prayed for. The period of order of stay granted ear­lier is extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 21.......yanganj in Sessions Case No.312 of 2004 dismissing the Criminal Appeal of the condemned prisoner and thereby accepting the death reference by being confirmed the death sentence. 2. The prosecution case, in short, is that on 05.09.2003 one Md. Al-Amin, son of A. Hakim Bepari as informant lodged a ..

Category: Criminal Law | Date: | Hits: 49

Rafiqul Islam Howlader alias Md. Rafiq Howlader Vs. Syed Abdul Hamid and others, 2010, 39 CLC (AD)

....l point to interfere with the impugned judgment and order passed by the High Court Division. In the premises the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 19.......the government recorded the suit land in the khas Khatian illegally and trying to set­tle the same to others. Hence the suit. 3. The defendant Nos.8-11 by filing writ­ten statement contested the case claiming to be in possession of the suit land having their homestead thereon. The defendant Nos..

Category: Property Law | Date: | Hits: 93

Md. Abdul Barik and another Vs. Most. Serajan Nessa and another, 2010, 39 CLC (AD)

....bove, we find no sub­stance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 16. ......itle Appeal No.39 of 2002 reversing those dated 18.11.2001 passed by the Senior Assistant Judge, Sadar Court, Kushtia in Title Suit No.316 of 1997 dismissing the suit. 2. The facts involved in the case, in short, are that the land measuring 0.12 acre in S.A. Khatian No.370 under mouza No.36 of Ra..

Category: Property Law | Date: | Hits: 84

Commissioner of Customs and others Vs. Ruhul Amin Bachuchu and others, 2009, 38 CLC (AD)

....of paper book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till hearing of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 14. ...... (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazul Islam J Md. Joynul Abedin J The Commissioner of Customs and others…………….....Petitioners (In all cases) Vs. Ruhul Amin Bachuchu……………………Respondent (In Civil Petition No.1016 of..

Category: Fiscal/Taxation Law | Date: | Hits: 92

Ayesha Siddika and others Vs. Sayed Rafiqul Islam Rafiq and others, 2010, 39 CLC (AD)

....orrect decision and discharged the rule. We therefore find no reason to interfere with the same. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 11. ......ation of Deed No.8964 dated 19th April, 1979 and further declaration that the decree passed in Other Class Suit No.199 of 1976 is void, illegal, inoperative and not binding upon the plaintiffs. Their case is that the suit land belonged to Bisheshwar Dutta and his three brothers. Respondent Nos. 9-10..

Category: Property Law | Date: | Hits: 89

Md. Raisuddin Biswas and others Vs. Md. Mazed Ali, 2009, 38 CLC (AD)

.... be sustained and accord­ingly those are set aside. Both the appeals are allowed without any order as to costs. End. This Case is also Reported in: VIII ADC (2011) 1, 16 MLR (AD) (2011) 261. ......ivil) Present: MM Ruhul Amin CJ Md. Tafazul Islam J Md. Abdul Matin J Md. Abdul Aziz J Md. Raisuddin Biswas and others….......................................Appellants (In both cases) Vs. Md. Mazed Ali being dead his heirs Sayera Bewaand others.....Respondents (In both c..

Category: Property Law | Date: | Hits: 109

Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)

....of with the above observations and modifications. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ......ections 2 (ট) (আ) and (ই) and 4(2) of the Ain of 2009 against the petitioner and another Gias Uddin Al Mamun as per sanction of the Anti Corruption Commission vide memo dated 05.07.2010 and the case was transferred to the Court of Metropolitan Senior Special Judge, Dhaka and registered as Metr..

Category: Civil Law | Date: | Hits: 174

State Vs. Saiful Islam and another, 2003, 32 CLC (HCD)

.... maintained with the modification of the sentence of condemned prisoner Fazilutennessa as stated above. Lower Court record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 376. ...... 2. Accused Saiful Islam and Fazilutennessa were convicted under sections 302/34 of the Penal Code and sentenced to death in Sessions Trial Case No. 25 of 1996. 3. The essence of the prosecution case is that Shefali alias Shafu, aged about 26 years, was the daughter of the informant. Shefali wa..

Category: Criminal Law | Date: | Hits: 84

Atiqur Rahman Mullah Vs. Abul Kalam Azad and others, 2002, 31 CLC (HCD)

....he cost to the learned Advocate for the petitioner by 15th January, 2003, in default, the application for re­hearing shall stand rejected. Ed. This Case is also Reported in: 56 DLR (2004) 373. ...... not be obtained as the file was not received by the concerned section which may be presented at the time of hearing of the application. The learned Advocate did not receive any intimation before the case was mentioned for fixing a date of hearing. The learned Advocate has expressed his sorrow for h..

Category: Property Law | Date: | Hits: 73

Razia Sultana Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....annot now exercise its powers under Article 8 of the Order. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 366. ......company being an industrial enterprise placed under clause (1) of Article 10, no provision of law relating to the winding up of the companies under clause 2 would apply to company in question in this case and accordingly, the plaint of' the Title Suit No. 81 of 1991 was rightly rejected. She further..

Category: Business or Commercial Law | Date: | Hits: 194

Virginia Tobacco Company (BD) Ltd. Vs. Registrar of Trade Marks and another, 2000, 29 CLC (HCD)

....ing heard to the parties and the parties will be at liberty to adduce further evidence if they want. There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 362. ...... there is every likelihood that the consumers of Bangladesh either will be deceived or confused by the mark of the appellant. It is further contended that the appellant has also failed to bring their case within section 10(2) of the Act on the basis of honest and concurrent user of the mark. The fur..

Category: Intellectual Property Law | Date: | Hits: 226

Jashimuddin (Md.) alias Md. Jashimuddin Vs. Dali Begum and another, 2003, 32 CLC (HCD)

.... In that view of the matter, the Rule is discharged without any order as to costs. The stay order granted by this Court is hereby vacated. Ed. This Case is also Reported in: 56 DLR (2004) 358. ......not entitled to get dower and maintenance. 4. The family suit came up for hearing before the Court of learned Senior Assistant Judge, Mymensingh and the plaintiff examined 2 witnesses to prove her case and the defendant No. 1 examined himself. After hearing the learned Advocates of the parties an..

Category: Family Law | Date: | Hits: 186

State Vs. Billal Hossain Gazi, 2004, 33 CLC (HCD)

....ourt and the trial Court shall be at liberty to decide the case independently on the basis of the evidence to be available with the record. Ed. This Case is also Reported in: 56 DLR (2004) 355. ......emned prisoner was put on trial before the Bishesh Adalat, Chandpur to face charge under section 10(1) of the Nari‑o‑Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995, shortly the Ain. Prosecution case has been narrated by Abdul Prodhania (PW1) which is as follows: 3. The victim Nilufa Akter h..

Category: Criminal Law | Date: | Hits: 43

Masud Mia (Md.) Vs. State, 2003, 32 CLC (HCD)

.... Md. Masud Mia be set at liberty forthwith if not wanted in connection with any other case. Send down the lower Court's records at once. Ed. This Case is also Reported in: 56 DLR (2004) 352. ......ant Md. Masud Mia under section 6(1) of the Nari‑o‑Shishu Nirjatan Daman Ain, 1995 and sentencing him thereunder to suffer imprisonment for life. 2. Broad facts relevant for the purpose of the case are that at about 8.00 PM on 15‑4‑1998 victim Mst. Arzina Khatun, aged about 13 years, went..

Category: Criminal Law | Date: | Hits: 45

Nurul Islam Babul (Md.) Vs. State, 2004, 33 CLC (HCD)

....n report will consider the prayer for bail in accordance with law. With the aforesaid direction and observation the Rule is disposed of. Ed. This Case is also Reported in: 56 DLR (2004) 347. ......he Jamuna Television Limited. There are more than 10 thousand employees in his industries namely, Jamuna Group of Industries. On 21‑3‑2004 he was arrested in the early morning and then a criminal case was started against him. A bail petition was filed before the Chief Metropolitan Magistrate, Dh..

Category: Criminal Law | Date: | Hits: 60

Hasna Banu Vs. Bangladesh and others, 2004, 33 CLC (HCD)

....d at the time of issue of the Rule on 9‑3‑1997 is hereby recalled and vacated. Send down the record at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 344. ...... Suit in the aforesaid Court of Subordinate Judge at Manikganj for declaration of her title in 2 decimals of land with two tin buts thereon fully described in the schedule to the plaint. 3. Plaint case, in short, is that one Tamej Sheikh was owner in possession of 3 decimals of land including the..

Category: Property Law | Date: | Hits: 76

Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)

....4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ......d in GR Case No. 343 of 2002 arising out of Ramna PS Case No. 26(2)/02 by an order the learned Chief Metropolitan Magistrate on 27‑3-­2002. The learned Sessions Judge enlarged them on bail in that case on 1‑4‑2002 on Criminal Miscellaneous Case No. 1484 of 2002. Before they were released from..

Category: Criminal Law | Date: | Hits: 70

Mahbubur Rahman Vs. Syed Mostofa Jaman and others, 2002, 31 CLC (HCD)

.... stay of all further proceedings of Election Case No. 3 of 1998 now pending in the Election Tribunal. Gaibandha Sadar is vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 322. ......complained before the Presiding officer and asked the Presiding Officer for recounting of the votes which was refused and the election was materially affected. The petitioner appeared in the election case and filed written statement denying all the allegations and contending, inter alia, that the el..

Category: Election Law | Date: | Hits: 79