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Md. Abdul Mannan and others Vs. Ministry of Education and others, 2011, 40 CLC (HCD)

....relief in accordance with law. With the aforesaid observation, the application is disposed of without any order as to cost. Ed. This Case is also Reported in: 20 BLT (HCD) (2012)565. ......dent No.3 as Principal on the ground of wanting of required academic qualifications. As per National University Regulations for appointment as a Principal, the requirement is at least second class at post graduate degree with first class in Hon's degree or first class at post graduate degree with se......relief in accordance with law. With the aforesaid observation, the application is disposed of without any order as to cost. Ed. This Case is also Reported in: 20 BLT (HCD) (2012)565. ..

Category: Employment/Service Law | Date: 23 Jul, 2007 | Hits: 26

Birendra Kishore Ghose @ Gopal Krishna Ghosh Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....ing jointly and a separate statement as to gifted land is not at all acceptable. The dis­puted land was never been transferred by way of gift by Rabindra Lal Ghose, it was never been executed and registered. The plaintiff is a paralised person he can not work, manage the family separately and a......the appeal. Consequently the appeal is dismissed without any order to cost. Send down the lower court records at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 498. ......he transfer must be effected by a registered in­strument. Therefore the gift as that has been referred as per Ext.1 is not at all a gift in the eye of law. Further he submits by referring 35 DLR (AD) 31 that if a person make a gift of immovable property other than Muslim it must be registered. ..

Category: Property Law | Date: 7 Jun, 2007 | Hits: 6

Shaikh Md. Mahmud Hossain and others Vs. Md. Abdur Razzaque and others, 2007, 36 CLC (HCD)

....yarn Nagar, District: Satkhira as described in Plaint Schedule No.Kha. 3. That the plaintiffs-petitioners' case in brief is that the suit lands originally belonged to one Bastullah Shaikh who by a registered deed of gift dated 08.05.1951 transferred the same in favour of Secretary, District Schoo......t Satkhira is hereby upheld and maintained. Let a copy of this judgment along with the lower Court's records be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 177. ......ue and others…………………......Opposite parties Judgment June 6, 2007. Result: The rule is discharged. Cases Referred to- Rabjel Mondal Vs. Didar Mondal and others, 15 BLD (AD) 05; Minor Md. Masihur Rahman Biswas Vs. Md. Hannif Ali Biswas and others, 7 BLC 186; Ghulam Qadi..

Category: Property Law | Date: 6 Jun, 2007 | Hits: 27

Roni Ahmed Liton @ Liton Ahmed Roni Vs. State, 2007, 36 CLC (HCD)

....the victim and the accused appellant; that the victim at the relevant time was major in age and according to their common consent, they married each other on 16-9-2003 and subsequently Kabin Nama was registered but the parents of the victim with ulterior motive of gaining monetarily filed the case a...... in any other case. Send down the LCR along with copy of the judgment expeditiously. Ed. This Case is also Reported in:  61 DLR (HCD) (2009) 147,29 BLD (HCD) (2009) 386.  ...... in any other case. Send down the LCR along with copy of the judgment expeditiously. Ed. This Case is also Reported in:  61 DLR (HCD) (2009) 147,29 BLD (HCD) (2009) 386.  ..

Category: Women and Children | Date: 3 Jun, 2007 | Hits: 14

State Vs. Yeasin Khan Palash, 2007, 36 CLC (HCD)

.... the Code of Criminal Procedure is rejected. Let a copy of the judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 469. ......lash on 10.07.2002, who on interrogation made statement implicating himself with the crime and the investigating officer recorded the same in a Audio Cassette. The Investigating Officer also obtained post mortem report of the deceased Mizan and after completion of usual investigation the Investigati......n witness speaks which are favourable to the party without disclosing the necessary facts which are in favour of the other side…………………………….(77) Cases Referred to- 43 DLR (AD) 44; 43 DLR 87; 51 DLR 154; 43 DLR (AD) 95; 44 DLR 217; 45 DLR 68; 50 DLR 565; 50 DLR 618; 40 DLR..

Category: Criminal Law | Date: 3 Jun, 2007 | Hits: 20

State Vs. Monir Hossain & another persons, 2007, 36 CLC (HCD)

....ourt below, District Magistrate, Manikganj and Superintendent of Police, Manikganj at once for information and necessary action. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 455 ......Officer, P.W.12, SI Md. Nasir Uddin, P.W.16 Nur Uddin Ahmed and P.W.17, SM Nazrul Islam and Dr Md. Bazlul Haque, P.W.15 who held autopsy on the dead body of the deceased and ulti­mately submitted post-mortem report identifying the cause of the death of the deceased, Kabul Kha, as due to shock an......Hossain & another persons.........Condemned-Prisoners Judgment May 27, 2007. Result: The Criminal Appeal is allowed. Cases Referred To- Khalil Miah Vs. State, 4 BLC (AD) 223; State Vs. Ershad All Sikder, 8 MLR 133; Amir Hossain Howlader Vs. State, 1984 BLD (AD) 193;..

Category: Criminal Law | Date: 27 May, 2007 | Hits: 5

Shamsur Rahman Khalifa Vs. Jagodish Chandra and Others, 2007, 36 CLC (HCD)

....acts relevant for disposal of the Rule are that the suit land belonged to defendant Nos. 6 and 7 who sold the suit land by a Kabala dated 16-11-1959 in favour of plaintiff. The plaintiff executed and registered an Ekrarnama on that date, that is on 16-11-1959, admitting that he would reconvey the sa...... at once. The defendants are restrained permanently from interfering with the peaceful possession of the plaintiff in the suit. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 873. ......d Others.....................Defendants-Opposite Parties Judgment May 27, 2007. Result: The Rule is made absolute. Cases Referred to- Bangladesh Vs. Abdul Gani, 32 DLR (AD) 233; Sadananda Rana, 34 DLR (AD) 237; Abdul Khaleque Sarnamat, 1 BLC (AD) 90; Zafar Ali Vs. Md. ..

Category: Property Law | Date: 27 May, 2007 | Hits: 9

Faruk Ahmed and another Vs. Bangladesh, 2007, 36 CLC (HCD)

....ssion (Annexure-D) within two months from the date of receipt of this judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 151. ......n their rightful place, as per the opinion of PSC. 2. Short facts leading to this Rule are that the petitioners joined in Bangladesh Police Service in 1972. In 2003, they were promoted to the post of Assistant Superintendent of Police (ASP). The petitioners were functioning as officiating A...... 16, 2007. Result: The Rule is made absolute without any order as to cost. Cases Referred to- Chairman, Bangladesh Textile Mills Corporation Vs. Nasir Ahmed Chowdhury, 2002 BLD (AD) 199 = 7 MLR (AD) 265 = 7 BLC (AD) 144; Golam Mustafa Vs. Bangladesh, 15 BLT 128 = 4 LG 125; Ban..

Category: Others | Date: 16 May, 2007 | Hits: 4

Bangladesh Vs. Chairman, First Court of Settlement and another, 2007, 36 CLC (HCD)

.... the case property by allotment to DN holder M. Waziullah by issuing demand note to him. Subsequently, the case property was sold by the Government to him at a consideration of Taka 1, 33,907 by a registered sale dated 19-12-1989. The claimant respondent No. 2, is not the son of the original les......t. The order of stay granted earlier by this Court stands vacated. Send down the record to the concerned Court. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 153. ...... Result: The Rule is made absolute without any order as to cost. Cases Referred to- Government of Bangladesh, represented by the Secretary, Ministry of Works Vs. Md. Jalil, 48 DLR (AD) 10; Rahima Begum Vs. Court of Settlement, 1997 BLD (AD) 118 = 2 BLC (AD) 108; Sadharan Bima Co..

Category: Property Law | Date: 6 May, 2007 | Hits: 5

S. M. Rafiqul Islam Vs. Md. Monjurul Islam, 2007, 36 CLC (HCD)

....e was received by him undelivered as the opposite party refused to accept the rent and as such he made an application. 3. The application under section 19(1) of the Premises Rent Control Act was registered as Judicial Miscellaneous No.50 of 1998. 4. The Petitioner examined himself, as P.W.......r alia, that the rent of the premises per month was settled at the rate of TK.100.00. He went to pay rent for the month of July 1998 but that was refused. Thereafter he remitted the said rent through post but the same was received by him undelivered as the opposite party refused to accept the rent a......ellaneous Case No.50 of 1998 is hereby affirmed. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 353. ..

Category: Tenancy Law | Date: 3 May, 2007 | Hits: 149

Dominous Pizza and others Vs. Domino's Pizza Inc., 2007, 36 CLC (HCD)

.... 4. The suit was filed some time in 2000. The defendants duly entered appearance and filed written statement denying all the averments made in the plaint and contending that the plaintiff has no registered trade mark in respect of 'Domino's Pizza' and pizza-related products and that...... The office is directed to send a copy of this Court to the concerned Court positively within a period of 60 days from date. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 780. ......aria Vs. Vidya Parkash, AIR 1951 Simla 176; PM Swamy Vs. Sultan Ahmed, AIR 1958 Madras 490; Burmah Eastern Ltd Vs. Burmah Eastern Employees Union, 18 DLR 709; Ismat Zerin Khan Vs. World Bank, 11 MLR (AD) 58 = 58 DLR (AD) 1; Sunil Kumar Das Vs. Canon Kabushiki Kaisha, 57 DLR 93; Messrs Tabek Restaura..

Category: Intellectual Property Law | Date: 26 Apr, 2007 | Hits: 91

Tabibullah and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....n 16-5-1979 but Government could not execute lease deed in favors of M/s Chameli Glass Works and, thereafter, on 16-3-2006 Ms. Chameli Glass Works deposited Taka 61,83,625 and Government executed and registered lease deed on 29-3-2006 in flavor of M/s Chameli Glass Works and on the strength of lease......pposite parties is allowed. Petitioners are added as eighth-fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 46. ......ril 4, 2007. Result: Petition for addition as opposite parties is allowed. Case Referred to- Parimal Majumder Vs. Abdul Sobhan, 39 DLR 352; Subash Chandra Halder Vs. Abdul Bari, 1992 BID (AD) 174 = 44 DLR (AD) 253; Waliullah Munshi Vs. Lodu Mia Patwary, 38 DLR (AD) 308; Bashir Ahmed Vs. ..

Category: Procedural Law | Date: 4 Apr, 2007 | Hits: 32

Arab Bangladesh Bank Limited, Motijheel Branch, Dhaka Vs. The Artha Rin Adalat and others, 2007, 36 CLC (HCD)

....5 and 6 wherein, it was categorically stated that the bid was duly accepted and confirmed; the bid money was fully paid up by the purchasers whereupon the sale certificate has already been issued and registered. However, upon considering the entire facts and circumstances placed before the Court and......discharged and the Rule in Writ Petition No.5961 of 2004 is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 284.   ......icer, 15 DLR (SC) 181; Anisminic Ltd. Vs. Foreign Compen­sation Tribunal, [1969] 2 Appeal cases 147(195); Managing Director, Rupali Bank limited and others Vs. Tafazal Hossain and others, 44 DLR (AD) 260; AIR 1991 (SC) 1055 (para-5); AIR 1959 (SC) 149 (para 53 and 73); AIR 1965 (SC) 1405 (para 1..

Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6

Most. Azmiri Begum and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....tending, inter alia, that the husband of the petitioner No.1 and father of writ petitioner Nos.2-9, late Amir Hossain and his brother Sheikh Seraj Mia jointly purchased total 0.35 acres of land by registered sale deed No.2881 dated 22.06.45 appertaining to C.S. Plot Nos.96, 97.and 98 of Mouza pre......y of Land and Respondent No.2 Director General, Land Record and survey Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 400. ......y of Land and Respondent No.2 Director General, Land Record and survey Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 400. ..

Category: Property Law | Date: 7 Mar, 2007 | Hits: 10

Sunil Kumar Das Vs. Deputy Registrar of Trade Marks and another, 2007, 36 CLC (HCD)

....ant has adopted the mark by way of imitation, and between the two marks Canon and Cannon there has been no difference phonetically and in pronunciation and the mark belonging to the opponent has been registered and renewed in Bangladesh. 5. Mr. Gazi Neamat Hossain the learned Advocate appearing...... 7. In view of the above there is no merit in this appeal and the appeal is dismissed with cost of Tk. 10,000 (ten thousand). Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 423. ...... 7. In view of the above there is no merit in this appeal and the appeal is dismissed with cost of Tk. 10,000 (ten thousand). Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 423. ..

Category: Intellectual Property Law | Date: 15 Feb, 2007 | Hits: 34

Md. Afazuddin Vs. Md. Ataur Rahman & another, 2007, 36 CLC (AD)

....the defendant No.1 is that as per terms of the bainapatra the plaintiff agreed to pay the balance consideration money within 1(one) month from the date of bainanama and get the sale deed executed and registered from the defendant No.1. Since the land was al­ready with plaintiff, so it was not writt.......50,000/- (fifty thousand) as further soletium in favour of the appellant within 3(three) months from the date of re­ceipt of the copy of the judgment. Ed. This Case is also Reported in: .......50,000/- (fifty thousand) as further soletium in favour of the appellant within 3(three) months from the date of re­ceipt of the copy of the judgment. Ed. This Case is also Reported in: ..

Category: Contract Law | Date: 7 Feb, 2007 | Hits: 272

Hafizuddin and another Vs. Moherjan & Others, 2007, 36 CLC (HCD)

....suit being abated, was no longer in existence for their addition therein. He, however, treated the application filed under Section 151 of the Code as one under Order XXII rule 9 of the Code and was registered as Miscellaneous Case No.13 of 1985. The said Miscellaneous Case was contested on behal......nj, is directed to dispose of the other class suit as expeditiously as possible after notifying all the concerned parties. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 88. ......nj, is directed to dispose of the other class suit as expeditiously as possible after notifying all the concerned parties. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 88. ..

Category: Procedural Law | Date: 16 Jan, 2007 | Hits: 3

State Vs. Shahid Javed Gaira @ Garib Miah and others, 2006, 35 CLC (HCD)

....mmissioner, Dhaka for taking necessary steps as directed in the body of this judgment. Send down the lower Court records at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 198. ......hat she did not open the bag to see what was inside, but it was heavy and she guessed that a pistol was inside it. 15. Dr. Md. Zubaidur Rahman, deposed as P.W.7, narrating details appearing in the post-mortem examination report. He described 14 injuries caused by bullets, of which 8 were entry in......1 of 2004 is dismissed. Criminal Appeal No.3316 of 2004 is allowed. Cases Referred to- Sheikh Mujibur Rahman @ Razibulla Vs. State, 58 DLR 393; Nurul Islam and others Vs. The State, 43 DLR (AD) 6; Belal Ahmed Vs. The State, 40 DLR 154; Amar Kumar Thakur & ors Vs. The State, 8 BLD (AD) ..

Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31

Md. Chand Miah and others Vs. Md. Ibrahim and others, 2006, 35 CLC (HCD)

....at on 01-07-1991 Fuljan Bibi alias Gedi Bibi (predecessor of the petitioners) as plaintiff instituted Title Suit No.138 of 1991 in the Third Court of Subordinate Judge, Dhaka for declaration that the registered kabala deed No.140 dated 13-01-1938 is collusive, fraudulent, void, forged and without ju......tands vacated. 24. Communicated the order at once with a copy of the Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 306. ......pposite parties Judgment August 8, 2006. Result: The Rule is made absolute. Cases Referred to- Md. Serajuddin Ahmed and others Vs. A.K.M. Saiful Alam and others, 56 DLR (AD) 41; Kessarbai Vs. Jethabai, AIR 1928 (PC) 277; Nurul Huq (Md.) @ MN Huq Vs. Nirmal Chandra Dutta..

Category: Evidence Law | Date: 8 Aug, 2006 | Hits: 25

Mst. Kabita Khatun Vs. Md. Tarikul Islam (minor) and others, 2006, 35 CLC (HCD)

....e been called in question. 2. The opposite parties as plaintiffs instituted other class Suit No.06 of 2000 in the Court of Subordinate Judge, 1st Court, Magura for declaration that the Kabinnama registered on 06.07.99 was fake and fraudulent. 3. The plaintiffs stated in the plaint that the......as duly discussed by the trial court. 16. It is pertinent to mention here that the case of the plaintiff is that the signature of the plaintiff No.1 was forcibly taken on the exhibit-1. It is preposterous in view of the fact that the signatures of witness on exhibit-1 are of no other persons bu......mpugned judgment and decree are set aside and this those of the trial Court are confirmed there shall be no order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 225. ..

Category: Women and Children | Date: 7 Aug, 2006 | Hits: 127