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

....dhury and Labu Mollik made their appearance there in order to pro­tect the accused and they did not allow the other witnesses to go to the place of occur­rence to rescue the deceased from the hand of the accused-persons. 5. However, the seriously injured Kabul Kha was taken to Manikganj......ce Station to lodge the FIR, Exhibit 1, where this case was recorded as Manikganj PS Case No.11 dated 20-7-1999 pun­ishable under section 148/149/302/114 of the Penal Code and the same was handed over to SI Nur Uddin Ahmed, P.W.16 for investigation who reached to the hospital for preparation of ......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 ..

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

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

....Court High Court Division (Civil Revisional Jurisdiction) Present: Shahidul Islam J Shamsur Rahman Khalifa......................Plaintiff-Petitioner Vs. Jagodish Chandra and Others.....................Defendants-Opposite Parties Judgment May 27, 2007. ......ows that the defendant Nos. 6/7 sold out the suit land by Kabala deed out and out in favour of the plaintiff and the plaintiff by executing the Ekrarnama dated 16-11-1959 (Exhibit Gha) agreed to hand over possession of the transferred land in favour of the defendant Nos. 6/7 if they refunded the Kab...... 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. ..

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. ...... of the petitioners about a year are reasonable and legitimate in the circumstances, which clothe the petitioners with legal right to get seniority pursuant to the opinion of PSC, since there is no overriding public interest against their such expectation. 12. In the case of Chairman, Bangla......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. ..

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

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

....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. ...... First Court of Settlement and another............Respondents Judgment May 6, 2007. 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)...... 2. Short facts leading to this Rule are that the petitioner is the People's Republic of Bangladesh, represented by the Secretary, Ministry of Works. The Ministry deals, amongst others, with the management and control of the abandoned properties. The petitioner included the house No. 1-D/3-31,..

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

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

....on of the Corporation. With the above observation, this Rule is disposed off. There will be no order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 927. ......ctively 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 Corporation took over the management of markets in Dhaka including Dhaka New Market. There was a plan to demolish th......nd/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 Corporation took over the management of markets in Dhaka including Dhaka New Market. There was a plan to demolish the choucha..

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

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

....f Burmah Eastern Ltd Vs. Burmah Eastern Employees Union reported in 18 DLR 709. 9. Mr. Ramzan Ali Sikder, the learned Advocate, appearing on behalf of the plaintiffs opposite party, on the other hand, supports the decision of the trial Court and submits that the proposition of law is by now est......rar of Trade Marks. The defendants filed an additional written statement some time in 2003. In the additional written statement the defendant stated that the defendants' partnership had been controverted into a Private Limited Company on 19-9-2001. The suit was fixed for steps under section 30 o...... 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. ..

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

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

....rs....Opposite Parties Judgment April 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 Pat......) 235 = 45 DLR (AD) 120. Lawyers Involved: Md. Nurul Amin with AKM Shahidul Huq and Md. Aminul Ehsan, Advocates — For the Petitioners. Md. Abdullah, Assistant Attorney-General — For the Government opposite Party.       MD. Jabbar Advocate — for additi......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. ..

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)

....earing the parties, including the decree holder bank (the present peti­tioner) the rule in Writ Petition No.6536 of 2003 was discharged by judgment and order dated 15.6.2004. 7. On the other hand the petitioner bank filed another suit being Title Suit No.97 of 1998 before the Artha Rin Adal......ld be executed for realisa­tion of decretal dues. The process is either by selling the mortgaged property in auction on by issuing certificate in favour of the decree holder bank and thereby make over the pos­session and/or title of the property to the de­cree holder who in his turn may ......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.   ..

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

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

.... petitioners became owner in possession of 0.0234 acres by purchase and 0.00684 acres by inheritance from father total being 0.03024 acres of land out of total 0.0468 acres joint land. On the other hand, Mukter Hossain, the predecessor of the respondents Nos.7 to 16 became owner in possession of ......nal jurisdiction) Present: Mir Hashmat Ali J Md. Fazlur Rahman J Most. Azmiri Begum and others ………………………Petitioners (In both the writ petitions) Vs. Government of Bangladesh represented by the Secretary, Ministry of Land, Bangladesh Secretariat, P.S......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

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

....therefore, can be said to be forceful ravishment of a woman or girl without her consent. Sexual instinct plays an important role in human life. It has relevance to the sentiments of the people on one hand and physiopsycological development of the persons on the other hand. Emotional implications in ...... called. He treated Runa Laila. There had been profuse bleeding. Runa Laila was admitted in Rabeya Clinic and she was under treatment there for seven (7) days and, thereafter, she was taken to Savar Government Hospital. Doctors of Government Hospital advised her to be shifted to Dhaka Medical Colleg......ond furnished by him stands discharged/cancelled. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 321, 13 BLC (HCD) (2008) 271. ..

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)

....………Respondent Judgment February 15, 2007. Result: The Appeal is dismissed. Lawyers Involved: Md. Gazi Neamat Hossain-For the Appellant.  Khandaker Shafiqul Islam-For the Respondent No.2.  Trade Mark Appeal No. 21 of 2003. J...... 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

Ful Miah & others Vs. State, 2007, 36 CLC (HCD)

.... Ful Miah and in that view of the matter, the conviction of ail the accused persons under sections 19A and 19(f) of the Arms Act is not legal. 10. The learned Deputy Attorney General, on the other hand, submits that since the arms and ammunition have been recovered from the joint possession of th...... @ Kason Mia guilty under sections 19A and 10(f) of the Arms Act and sentenced with rigorous imprisonment for 10 years on each count with a direction to run the sentences concurrently. This Judgment governs both these matters. 2. Appellants and the petitioner were put on trial before the said Tri......odification of sentence. The connected Rule is also discharged with the modification as above. Send down the lower Court records. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 322. ..

Category: Criminal Law | Date: 25 Jan, 2007 | Hits: 26

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

....umstances, the learned Judge erred in law as well as in facts in allowing the petition filed under Order XXII rule 9(2) of the Code, by his Judgment and Order dated 30.7.1987. 6. On the other hand, Mr. Sajjad Ali Chowdhury, the learned Advocate appearing on behalf of the opposite party Nos.......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)

....hahjahan pulled her by her hair and felled her to the ground and they shot her husband from the front. She stated that at that time there might have been some bloodstains on her body, but she did not hand over the slightly bloodstained clothes to the Police and she washed them away. She denied the s......d. Abdul Khalek alias Kawa Khalek was charged under Sections 302/109 of the Penal Code and the other accused persons were charged under Sections 302/34 of the said Code. The charge as framed was read over to the accused persons present in the dock to which they pleaded not guilty and claimed to be t......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. ..

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

Additional Deputy Commissioner (Reve­nue) and Assistant Custodian, Vested Property, Jamalpur Vs. Md. Ubbar Mondal and others, 2006, 35 CLC (HCD)

.... for retrial giving the contesting defendants a chance to get the deed of sale dated 19.12.1917 perforated to have been executed by Sarat Sundari Chowdhurani in favour of Dijendra Lal Roy examined by hand writing expert for determination of its genu­ineness and also giving the parties a chance t...... retrial. 2. The opposite party nos.1-13 as plain­tiffs filed Title Suit No.29 of 1986 in the Court of Subordinate Judge, Jamalpur for declara­tion of their title in the suit land and recovery of possession in which the petitioner, the Deputy Commissioner (Revenue), Jamalpur was implead......992 is hereby affirmed. Send down the lower Court's records at once with a copy of this judgment for in­formation. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 488. ..

Category: Abandoned Properties Law | Date: 24 Jul, 2006 | Hits: 21

Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)

....4.1974 and that the opposite party No.1 for his necessity sold out .0330 acres of land by registered sale deed to the opposite party No.2 Gula Hamron. 23. The petitioner's case, on the other hand, is that the will alleged to have been executed by Moksahad Bala Dassya is a forged document wh......la Dassya is a forged document which was created ante­dated by forgery after the death of Mokshada Bala Dassya by the opposite party No.1, Nogendra Nath Roy in collusion with others and that more over since the opposite party No.1, Nogendra Nath Roy, is the distant nephew of Mokshada Bala Dassya......missing the same is set aside and the Misc. case No.58 of 1972 is allowed. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 540. ..

Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15

Nirmalandu Nath Majumder Vs. State, 2006, 35 CLC (HCD)

....e on record in reversing the judgment and decree. He, however finds it difficult to mention as to what material evi­dence on record was not considered by the appellate court. 8. On the other hand, Mr. Golam Mostafa, the learned Assistant Attorney General appearing for the opposite party sup......d others for declaration of his raioti right in the land described in the schedule of the plaint (hereinafter referred to as the suit land) and also for declaration that ROR in the name of defendant Government is wrong. The plaintiff claims that the suit taluks along with its khas lands originally b......ass Appeal No.256 of 1984 is hereby affirmed. Send down the lower court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 493. ..

Category: Procedural Law | Date: 2 Jul, 2006 | Hits: 3

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

....e of Monoranjan Barua Vs. Mirza Masud Hossain reported in 48 DLR (AD) 130. 10. Mr. MA Jalil next submits that the alleged tenancy created in March, 1992 between the opposite- parties, on the one hand, and petitioners on the other hand has not been proved in the face of the slenderness of eviden......e-parties terminated the lease of the petitioners with reference to the suit shop house lawfully. But despite the termination of the lease, the petitioners did not vacate the suit shop house and make over possession thereof to the opposite-parties by 31-1-1997. 4. The case of the defendant-peti......d in the body of this judgment. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in:  61 DLR (HCD) (2009) 518. ..

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

Moulana Mohammad Baquer Siddiqui Vs. Tamizuddin Khan Trust Estate and others, 2006, 35 CLC (HCD)

....out the 'A' schedule property which is under the possession of monthly tenant, Directorate of Archaeology. 15. The schedule as has been described in Title Suit No.237 of 2002 has been described by hand made sketch as such we find that the schedule of both the suits are not same. It further appear......tern portion of the schedule property and for cancellation of the Tamizuddin Khan Trust Deed No.5915 dated 6.3.1985 and for permanent injunction restraining the Defendant No.1 from claiming the title over the schedule property. 3. The schedule as has been stated in the said Title Suit No.371 of 1...... by this Court stands vacated. The trial Court is directed to expedite the trial of both the suits. Communicate the order at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 57. ..

Category: Procedural Law | Date: 25 Jun, 2006 | Hits: 27

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

.... discretion of the Tribunal....................(21 & 22) Cases Referred to- Khairunnessa Vs. Illy Begum, 48 DLR (AD) 67; Abdul Majid Sarker (Md.) Vs. State and others, 55 DLR 1; Mongol Chand Nandi Vs. Bangladesh, 5 BLT (AD) 1=2 BLC (AD) 18; Arun Karmoker Vs. State, 7 MLR (AD) 82=7 BLC ..............(17) Asking safe custody of victim girl or child as of right Discretionary authority of the Tribunal to pass an order to put any girl in safe custody outside jail in the custody of Government authority or any person or organization in course of trial of an offence under the Ain is ......to the Superintendent of Police, Chittagong and Officer-in-Charge, Rangunia Police Station, P.S. Rangunia, District Chittagong. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 311. ..

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