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Nurujjaman and others (Md) Vs. Md. Sajjad Ali and others, 2002, 31 CLC (HCD)

....t High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Nurujjaman and others (Md)......................Petitioner Vs. Md. Sajjad Ali and others…………………….Respondents Judgment August 13, 2002 Cases Refer...... Subordinate Judge is directed to hear and dispose of both the suits together, expeditiously, in accordance with law. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 149....... in the Second Court of Subordinate Judge at Sylhet against the 19 (nineteen) defendants for a decree of declaration that the plaintiffs have got title in the suit land measuring about 15 acres, that orders dated 13‑9‑90 and 29‑8-­91 passed in appeal and review in mutation proceedings are ill...... Subordinate Judge is directed to hear and dispose of both the suits together, expeditiously, in accordance with law. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 149...

Category: Procedural Law | Date: | Hits: 65

Abdul Motaleb & others Vs. Aftab Miah and another, 2002, 31 CLC (HCD)

....hers..................Appellants Vs. Aftab Miah and another.................Respondent Judgment August 21, 2002. Cases Referred To- Crescent Pakistan Soap vs. Deputy Registrar of Trade Marks, 17 DLR (SC) 163; Sanatannessa Bewa vs. Haipatullah Sarker and others, 1989 BLD (AD) 1 = 4...... appellants, as there was no occasion to do so in the absence of any TM 55. Therefore, we find no substance in the appeal which must fail. Ed. This Case is also Reported in: 56 DLR (2004) 145....... Dr. Kamal Hossain with Gazi Md. Neamat Hossain and Ramjaz Ali Sikder, advocates-For the respondents. Trade Mark Appeal No. 40 of 2001. Judgment Syed Amirul Islam J.- This appeal is from order and decision dated 1‑4‑2001 passed by the Registrar of Trade Marks, rejecting the Oppositi...... appellants, as there was no occasion to do so in the absence of any TM 55. Therefore, we find no substance in the appeal which must fail. Ed. This Case is also Reported in: 56 DLR (2004) 145...

Category: Intellectual Property Law | Date: | Hits: 181

Abul Kashem and others Vs. State, 2003, 32 CLC (HCD)

....about 5‑5.30 PM on 10‑3‑96 two minor boys, Mizan and Faruque, aged about 8 years, plucked wood apples from the trees belonging to deceased AKM Abdul Halim, Chairman of No. 8 Rajapur Union Parishad, Burichang. The eldest daughter of Abul Halim Chairman, Asina Akhtar Lipi, rebuked them over the ......thwith. Convict appellant Anwar Hossain Pintu alias Anwar Hossain may therefore; be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 132....... that the prosecution has not been able to prove its case against the condemned prisoner Abul Kashem and accused appellant Anowar Hossain Pintu for the following reasons and the impugned judgment and order of conviction and sentence are liable to be set aside: (1) There has been a material contra......thwith. Convict appellant Anwar Hossain Pintu alias Anwar Hossain may therefore; be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 132...

Category: Criminal Law | Date: | Hits: 39

Serajul Islam Bhuiyan (Md) Vs. Bangladesh Water Development Board & others, 2003, 32 CLC (HCD)

....riginal Jurisdiction) Present: Amirul Kabir Chowdhury J Md. Nizamul Huq J Serajul Islam Bhuiyan (Md)……………………………………………………..Petitioner Vs. Bangladesh Water Development Board & others………………….Respondents. Judgment April 1......grachari to Rangamati Operation and Maintenance Division is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 120.......ation under Article 102 of the Constitution of the People's Republic of Bangladesh filed by the petitioner, this Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order contained in Memo No. 712 Paubo (Kop) B‑2/lbo­-1/94, (8th Part) dated 26‑11‑2002 (Annex......grachari to Rangamati Operation and Maintenance Division is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 120...

Category: Employment/Service Law | Date: | Hits: 77

Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)

.... made and the findings given by us in this judgment will have no bearing in disposing of the suit now awaiting disposal in the court below. Ed. This Case is also Reported in: 56 DLR (2004) 91.......ons made and the findings given by us in this judgment will have no bearing in disposing of the suit now awaiting disposal in the court below. Ed. This Case is also Reported in: 56 DLR (2004) 91.......ant the frequencies and to issue licence(s) in favour of Ekushey Television Limited required to broadcast its programmes through a satellite channel without any hindrance and/or such other or further order or orders passed as to this court may seem fit and proper. 3. In this petition it has been ......ons made and the findings given by us in this judgment will have no bearing in disposing of the suit now awaiting disposal in the court below. Ed. This Case is also Reported in: 56 DLR (2004) 91...

Category: Information Technology Law | Date: | Hits: 230

Salauddin Jamil Vs. Amjad Ali Khan and another, 2004, 33 CLC (HCD)

....urt High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Salauddin Jamil....................................Petitioner Vs. Amjad Ali Khan and another .................Opposite Parties Judgment January 21, 2004. Case ...... with cost. Order of stay granted at the time of issue of file Rule on 19‑1‑2001 is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 87. ......evision No. 230 of 2001. Judgment Md. Abdur Rashid J.- The Rule was obtained by defendant No. 1 upon making a revision application under section 115(1) of the Code of Civil Procedure against an order dated 24‑9‑2001 passed by Subordinate Judge (Court No. 3) at Dhaka in Title Suit No. 182 o...... with cost. Order of stay granted at the time of issue of file Rule on 19‑1‑2001 is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 87. ..

Category: Alternative Dispute Resolution | Date: | Hits: 161

Arif Iftekhar Ali and others Vs. Sekandar Ali Hawlader, 2002, 31 CLC (HCD)

.... High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J Arif Iftekhar Ali and others.............Petitioners Vs. Sekandar Ali Hawlader..................Opposite Party Judgment April 15, 2002. Result: The Rule is made ......edule by breaking the boundary wall and/or interfering, in any way, with the peaceful enjoyment of the land including ongoing construction till disposal of the suit. He also prayed for an order of ad interim injunction in the above terms. Hearing the application, learned Joint District Judge was ple......vil Revision No. 6029 of 2001. Judgment Md. Abdur Rashid J.- This Rule was obtained by the defendants upon making a revision application under section 115 of the Code of Civil Procedure against order No. 10 dated 8‑10‑2001 passed by Joint District Judge, Court No. 1 at Gazipur in Miscellan......lled and vacated, learned Joint District Judge is directed to proceed expeditiously with the proceedings pending before him. Communicate. Ed. This Case is also Reported in: 56 DLR (2004) 82. ..

Category: Property Law | Date: | Hits: 26

Akhteruzzaman Chowdhury Vs. Hamidul Huq, MD, UCBL and another, 2003, 32 CLC (HCD)

...........Contempt Petitioner Vs. Hamidul Huq, MD, UCBL and another............Contemner‑Opposite Parties Judgment November 2, 2003. Lawyers Involved: Rafique‑ul‑Huq with M A Samad, Senior Advocates and MGH Ruhullah, Ahsanul Karim, Mizan Sayeed and Faheemul Huq, Advocates‑For......ne amounting to Taka 2000 to be paid within one month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73.......on the contemner opposite parties to show cause as to why they shall not be committed for contempt of Court for dishonoring, disregarding and non compliance of the direction given in the judgment and order passed by this Court on 15‑4‑2002 and the subsequent order dated 17‑5‑2003 in Company ......ne amounting to Taka 2000 to be paid within one month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73...

Category: Banking Law | Date: | Hits: 158

Jalal Uddin and others Vs. State, 2003, 32 CLC (HCD)

....riq‑ul‑Hakim J Jalal Uddin and others……….Appellants Vs. State ………………………….………Respondent Judgment April 8, 2003. Lawyers Involved: Sheikh Muhammad Sirajul Islam with AKM Shahidul Islam-For the Accused-Appellants. Md. Rabiul Karim, Assistant ...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 69....... Md. Hassan Ameen J.- This criminal appeal, at the instance of three yarnnamely, (1) Jalaluddin, (2) Helaluddin and (3) Alaluddin, all sons of late Hossain Ali, is directed against the judgment and order, dated 26‑5‑1999, passed by learned Additional Sessions Judge, 4th Court Mymensingh, in Se...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 69...

Category: Criminal Law | Date: | Hits: 28

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

....ar, but the torture did not end, The accused continued to torture the deceased for further dowry. In pursuance of such action the accused­-appellant along with his parents murdered the deceased who had two unborn babies in her womb on 23‑8‑1992 by putting pressure upon her chest and neck and th...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 65.......ent-State. Criminal Appeal No. 636 of 1995. Judgment Md. Hassan Ameen J.- This Criminal appeal, at the instance of sole accused-appellant Md. Dulal Mia, is directed against the judgment and order, dated 30‑3‑1995, passed by the learned Sessions Judge, Netrakona, convicting the appellan...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 65...

Category: Criminal Law | Date: | Hits: 88

Sirajul Islam @ Siraj and another Vs. State, 2003, 32 CLC (HCD)

....sult, the application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 62. ...... entertain this application under section of 561A of the Code of Criminal Procedure and, as a result, the application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 62. ......eport we find that it clearly alleges the commission of a specific offence under section 6 Ka of the Environment Conservation Act by the petitioners. 20. Lastly, we find from the certified copy of order sheet submitted by the petitioners that though the offence is triable by a Special Magistrate,...... entertain this application under section of 561A of the Code of Criminal Procedure and, as a result, the application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 62. ..

Category: Environmental Law | Date: | Hits: 414

Standard Bank Ltd. Vs. Tripos Engineering & Trading Company (GD) and others, 2003, 32 CLC (HCD)

.... Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Standard Bank Ltd…………………Petitioner Vs. Tripos Engineering & Trading Company (GD) and others ...................Opposite Parties Judgment November 16, 2003.......is directed to make the payment under the letters of credit in question to the Premier Bank without any further delay. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 55....... 8 (In both Rules). Civil Revision No. 1673 of 2003 with Civil Revision No. 1674 of 2003. Judgment Md. Abdur Rashid J.- Defendant No. 5, the Standard Bank, obtained the Rules against similar orders, by which applications of the plaintiffs for temporary injunction were rejected and earlier o......is directed to make the payment under the letters of credit in question to the Premier Bank without any further delay. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 55...

Category: Civil Law | Date: | Hits: 100

Noor Mohammad Vs. Md. Noor Hossain & another, 2002, 31 CLC (HCD)

....wn the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 53. ...... Title Suit No. 238 of 2000 now pending in the Court of the 4th Additional Assistant Judge, Dhaka is vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 53. ...... Advocate-For Opposite Party No. 2. Civil Revision No. 2517 of 2001. Judgment Bijan Kumar Das J.- This Rule was issued calling upon the Opposite Parties to show cause as to why the impugned order dated 8‑2‑2000 and 10‑2‑2000 respectively passed by the Assistant Judge, 5th Additiona...... Title Suit No. 238 of 2000 now pending in the Court of the 4th Additional Assistant Judge, Dhaka is vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 53. ..

Category: Tenancy Law | Date: | Hits: 171

Uttara Bank Limited Vs. Syed Abidur Reza and others, 2009, 38 CLC (AD)

....the aforesaid decision and no further discussion is called for and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 470.......in the aforesaid decision and no further discussion is called for and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 470....... Mahmudul Islam, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.1 Not represented- Respondent Nos. 2-6. Civil Appeal No. 43 of 2006. (From the judgment and order dated 31.07.2004 and 03.06.2008 passed by the High Court Division in Civil Revision No. 3942 o......in the aforesaid decision and no further discussion is called for and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 470...

Category: Employment/Service Law | Date: | Hits: 95

Quazi Faruque Ahmed Vs. M. A. Wadud and others, 2010, 39 CLC (AD)

.... Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Mr. Quazi Faruque Ahmed…………………………….Petitioner Vs. M. A. Wadud and others................................Respondents Judgment August 8, 2010. Lawyers......unction. Being aggrieved by the said judgment and order, the petitioner preferred Miscellaneous Appeal No.158 of 2009 in the Court of District Judge, Dhaka and filed another application for making an interim order pending disposal of the appeal. The learned District Judge by his order dated 7th June...... instructed by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent Nos.1-4. Not Represented-Respondent Nos.5-7. Civil Petition for Leave to Appeal No.1697 of 2009. (From the judgment and order dated 11.8.2009 passed by the High Court Division in Civil Revision No. 2323 of 2009.) Judg......f the High Court Division shall remain in force till disposal of the suit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 467...

Category: Civil Law | Date: | Hits: 75

Government of Bangladesh Vs. A.B.M. Siddique Mia, 2010, 39 CLC (AD)

....) 201. ......ore, merit in this appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 460, 8 LG (AD) (2011) 6, IX ADC (2012) 201. ......Record- For the Appellants. Mohammad Nazrul Islam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Respondent. Civil Appeal No. 361 of 2003. (From the judgment and order dated 20.4.2002 passed by the Administrative Appellate Tribunal in Appeal No. 22 of 1999.) ......ore, merit in this appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 460, 8 LG (AD) (2011) 6, IX ADC (2012) 201. ..

Category: Administrative Law | Date: | Hits: 229

Reaz Shahid @ Milon Vs. State, 2001, 30 CLC (HCD)

....rishtikari Aparad Damon Tribunal, No. 2, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 385....... Taka 1,00,000 with two sureties of like amount to the satisfaction of Jananirapatta Bigna Shirishtikari Aparad Damon Tribunal, No. 2, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 385.......ment AK Badrul Huq J. -This appeal under section 24(2) of Jananirapatta (Bishes Bhidan) Ain (shortly Ain of 2000) at the instance of accused appellant Reaz Sahid alias Milon is directed against an order dated 25-9-2000 recorded by Jananirapatta Bigna Shrishti Kari Aparadh Daman Tribunal, Dhaka in...... Taka 1,00,000 with two sureties of like amount to the satisfaction of Jananirapatta Bigna Shirishtikari Aparad Damon Tribunal, No. 2, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 385...

Category: Criminal Law | Date: | Hits: 34

Karam Ali Vs. State, 2001, 30 CLC (HCD)

....ula Ghat and started running away. After a little chase, the informant and his force caught hold of accused Karam Ali. On interrogation, accused Karam Ali disclosed that he and 7/8 of his companions had assembled for committing dacoity at the Kumudini Jute Godown. The accused also disclosed to the r......and the Honurable Chairman of the Law Commission of Bangladesh for favour of their kind perusal. Send down the lower Court records at once Ed. This Case is also Reported in: 54 DLR (2002) 378....... Judgment July 5, 2001. Result: The appeal is dismissed. Criminal Jail Appeal No. 1192 of 1995. Judgment Gour Gopal Saha J. - This jail appeal is directed against the judgment and order dated 30-4-95 passed by the 2nd Assistant Sessions Judge, Narayanganj in Sessions Case No. 7 o......and the Honurable Chairman of the Law Commission of Bangladesh for favour of their kind perusal. Send down the lower Court records at once Ed. This Case is also Reported in: 54 DLR (2002) 378...

Category: Criminal Law | Date: | Hits: 97

Shah Newaz (Md.) and others Vs. Shah Wali and another, 2001, 30 CLC (HCD)

....The plaintiff-petitioner preferred this Revisional application mainly on the grounds, among others, that both the courts below travelled beyond the plaint and based their findings upon the averments made in the application of defendant No. I which is not within the scope of Order VII rule 11 of the ......end down the original case records at once with a copy of this judgment to the learned District Judge, Dhaka for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)375....... Procedure arose out of the impugned judgment and decree passed by Mr. M. Zafar Ahmed Mina, the Additional District Judge, 5th Court, Dhaka in Title Appeal No. 457 of 1990, affirming the judgment and order dated 6-11-1990 passed by Assistant Judge, 6th Court, Dhaka in Title Suit No. 147 of 1990, rej......end down the original case records at once with a copy of this judgment to the learned District Judge, Dhaka for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)375...

Category: Trust/Waqf Law | Date: | Hits: 187

Ali Hossain (Md) and Other Vs. State, 2000, 29 CLC (HCD)

.... investigation and on obtaining sanction for prosecution of the accused persons from the appropriate authority submitted charge sheet against the accused persons under section 468 of the Penal Code read with section 5(2) of Act II of 1947 to stand trial in the Court. 4. Upon the aforesaid allegat...... as practicable and must ensure are that it does not go by lapse, inaction or inertia. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 282. ...... (Ali Hossain). FKMA Mahbub, Assistant Attorney-General- For the Respondent. Criminal Appeal No. 948 of 1996. Judgment Gour Gopal Saha J.- This appeal is directed against the judgment and order dated 8-7-1996 passed by the Division Special Case No.60 of 1994 convicting accused-appellants...... as practicable and must ensure are that it does not go by lapse, inaction or inertia. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 282. ..

Category: Criminal Law | Date: | Hits: 40