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

....ears - For the Opposite Party. Civil Revision No.2951 of 2002. Judgment Shahidul Islam J.- By this Rule the Opposite Party was called upon to show cause as to why the impugned Judgment and order dated 27.4.2000 passed by the learned Joint District Judge, 3rd Court, Rangpur in Miscella......by the learned Senior Assistant Judge, Sadar, Rangpur in Miscellaneous Case No.50 of 1998 should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule are that the petitioner claiming himself to ..

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

Mohan Meah Vs. Dhaka City Corporation Mayour, Dhaka, 2007, 36 CLC (HCD)

...............Respondents Judgment April 29, 2007. Result: The Rule is disposed off. Nature of writ proceedings Writ proceedings are essentially civil proceedings and the substantive rules of the Civil Procedure Code will apply. Rules of procedure, however, shou......omise, Annexures D, E and F recorded in Writ Petition No.32 of 1987 and Writ Petition No.372 of 1989 respectively and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts relevant for the disposal of this Rule is, that in 1983 Dhaka City Corporatio..

Category: Civil Law | Date: 29 Apr, 2007 | Hits: 2

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

..... This Case is also Reported in: 61 DLR (HCD) (2009) 780. ......urt, Dhaka in Title Suit No. 3 of 2000 rejecting the application for rejection of the plaint should not be set aside or such other or further order or orders passed, as to this Court may seem fit and proper.' 2. The opposite party as the plaintiff instituted Title Suit No. 3 of 2000 in the ..

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

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

.... cost. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 46. ......o. 1107 dated 3-10-1984 issued by Sub-Divisional Engineer, PWD Tejgaon Industrial Area, Tejgaon, Dhaka, First opposite party of Civil Revision Case directing plaintiff to hand over possession of suit property mentioned in schedule to the plaint, within seven days from the date of receipt of notice o..

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

Safazuddin and another Vs. State, 2007, 36 CLC (HCD)

....) (2007) 321, 13 BLC (HCD) (2008) 271. ......s places a duty on Courts/Tribunals to locate real offenders of sexual assault absolving innocent persons arraigned of charge of rape. Courts/Tribunals are, therefore, to address with such cases with proper approach, circumspection and utmost care disengaging ring of truth from falsehood ensuring sa..

Category: Women and Children | Date: 28 Feb, 2007 | Hits: 75

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

....hellip;……………………………………………Appellant Vs. Deputy Registrar of Trade Marks and another……………………………R......favour of the respondent No.1 (Canon Kabushiki Kaisha) and the use of the same by others will give raise to confusion. The conduct of the appellant in using the Trade Mark of a foreign country is not proper. Against the said judgment of the High Court Division the appellant preferred Civil Petition ..

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

Md. Kamruzzaman Babul and others Vs. State and another, 2006, 35 CLC (HCD)

....ported in: 13 MLR (HCD) (2008) 68. ......an Ain, 2000 now pending in the Court of Nari-O-Shishu Nirjatan Daman Tribunal No.4, Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The prosecution case, in short, is that on 03.11.2001 at about 19:30 hours one Shei..

Category: Women and Children | Date: 19 Nov, 2006 | Hits: 11

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

....llip;…………………………….Condemned-Prisoner Judgment October 19, 2006. Result: The Death reference is rejected and the Jail Appeal is al­lowed. Cases Referred to- Gourango Kumar Shaha Vs. State, 2 ...... 33. Mr. Khurshed Alam Khan, the learned advocate appearing on behalf of the con­demned prisoner, submits that the trial of the case has been vitiated as the condemned pris­oner did not get proper legal assistance of the State defence lawyer, who was engaged by the State at the last moment..

Category: Criminal Law | Date: 19 Oct, 2006 | Hits: 6

M. H. Monzur Vs. Md. Nuruzzaman and others, 2006, 35 CLC (HCD)

....esent: Siddiqur Rahman Miah J Syed Mohammad Ziaul Karim J M. H. Monzur………………………………………………………………………..Petitioner Vs. Md. Nuruzzaman and others……………………………………………….Opposite Parties Judgment Au......r Vs. Abdul Majid reported in 27 DLR-385 wherein it is held: "Specific Relief Act S.42 Not only a person entitled to any legal character but also any person entitled to any right as to any property can institute a suit for declaration. A person claiming possessory right, a bargadar, e..

Category: Procedural Law | Date: 21 Aug, 2006 | Hits: 42

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

.... This Case is also Reported in: 15 BLT (HCD) (2007) 306. ......jecting the petitioners prayer for comparison of the disputed L.T.I.'s of Fuljan Bibi should not be set aside and or such other or further order or orders passed as to this Court may seem fit and proper. 2. Short facts leading to this Rule are that on 01-07-1991 Fuljan Bibi alias Gedi Bibi ..

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

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

.... Present: Md. Abdul Matin J ATM Fazle Kabir J Mst. Kabita Khatun………………………………………………………petitioner Vs. Md. Tarikul Islam (minor) and others…………………………opposite Party Judgment August 7, 2006. Resu......d perused the application and the impugned judgment and decree and the materials on record. The learned Advocate appearing for the petitioner submits that the judgment of the appellate Court is not a proper judgment of reversal inasmuch the finding of the trial court on different issues have not bee..

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

R.K. Jute Mills Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)

....tijheel, Dhaka……………………………………………Petitioner Vs. Government of Bangladesh and others…………………….Re­spondents Jud......passed in revision (Annexure-H) shall not be declared to have been passed without lawful authority and is of no legal effect or such other or further order or orders as to this Court may seem fit and proper. 2. The relevant facts are that the petitioner company is incorporated under the Compa&s..

Category: Business or Commercial Law | Date: 3 Aug, 2006 | Hits: 5

Syed Jasimuddin and others Vs. Moulana Abu Musa Siddique & others, 2006, 35 CLC (HCD)

....e is also Reported in:  61 DLR (HCD) (2009) 518. ...... the Senior Assistant Judge and SCC Judge, Raozan Chittagong in SCC Suit No. 2 of 1997 should not be set aside and/or such other or further order or orders be passed as to this Court may seem fit and proper. 2. The Rule is opposed on behalf of the opposite-parties. 3. The opposite-parties ..

Category: Civil Law | Date: 2 Jul, 2006 | Hits: 4

M/S. Diplomat Garment (Pvt.) Ltd. Vs. The Commissioner of Customs, Customs House, Dhaka & ors., 2006, 35 CLC (HCD)

.... J.-Rule was issued calling upon the Respon­dents to show cause as to why the Notice be­ing Nothi No.5(13)87/Cus-Bond/96/17407 dated 29.8.2005, evidenced by Annexure-E to the Writ Petition demanding payment of Tk. 2,14,50,715.00 should not be declared, to be issued without lawful authority a......tter of Credit against master Letters of Credit sent by its foreign buyers, from time to time. The imported goods were stored without payment of the required customs duty, tax and other charges after proper declaration submit­ted with the authority and released from the warehouse for use for man..

Category: Business or Commercial Law, Civil Law | Date: 25 May, 2006 | Hits: 5

Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....eme Court High Court Division (Special Original Jurisdiction) Present: MM Hossain J Farid Ahmed J Abdul Mannan Khan (Md.)..........................Petitioner Vs. Bangladesh and others.........................Respondents Judgment May 25, 2006. Result: The Rule ......ondent No.4 and why the respondent No.4 should not be directed to pay the balance fine amount of Taka 2,74,35,000 and or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner, being a dedicated and ardent human rights activist and an Advocate of ..

Category: Criminal Law | Date: 25 May, 2006 | Hits: 43

Mostafa Kamal Vs. State, 2006, 35 CLC (HCD)

....ith Advocate Kowser Parvin Hoque………………………………………….Appellant Vs. The State and others……………………………&h...... may pass an order to put any woman or child in custody of Government authority in a place selected by the Government for this purpose or in the custody of any person or organization as may be deemed proper by the Tribunal outside jail. This is an enabling provision. The amended Sub-section (8) to S..

Category: Women and Children | Date: 10 May, 2006 | Hits: 6

National Securities and Consultant Ltd. Vs. Chairman, Securities and Exchange Commission, 2006, 35 CLC (HCD)

....CD) (2008) 57. ......F) should not be declared to have been held and initiated without lawful authority and to be of no legal effect and or such other or further order or orders passed as to this court may seem fit and proper. 2. The petitioner is a Bangladeshi Private Limited Company represented by its Chief Ex..

Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6

Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)

....ported in: 28 BLD (HCD) (2008) 427. ......the I.R.O. cases, shall not be declared to have been made without lawful authority and to be of no legal effect and or such other or further order or orders passed as to this Court may seem fit and proper. 3. For the sake of brevity and convenience we would like to discuss, in brief, the res..

Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9

Bangladesh Legal Aid and Services Trust (BLAST) Vs. State and four others, 2006, 35 CLC (HCD)

....8) 40; 13 MLR (HCD) (2008) 233. ...... of Bangladesh, issued the following Rule on 27-5-2001 upon the respondents: “Let a Rule Nisi be issued calling upon the respondents to show cause as to why they should not be directed to take proper steps and measures for recovering the arrears of telephone bills from the Members of the Parl..

Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131

Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)

....……………………………Petitioner Vs. The National University, Gazipur repre­sented by the Vice-Chancellor, Gazipur-1706 and others……………………………&h......up as yet and the time for concluding the proceeding is 180 days under Regulation No.10 which have elapsed long before filing this writ petition as such the impugned orders are malafide, with­out proper application of mind and thus not sustainable in law. The learned Advocate re­ferred two o..

Category: Employment/Service Law | Date: 18 Apr, 2006 | Hits: 2