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Sadeque @ Sadequr Rahman Vs. State, 2005, 34 CLC (HCD)
....er case. Send down the lower Court records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 498. ......er case. Send down the lower Court records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 498. ......lice Station, District-Narsingdi. At about 7-00 PM 15/20 dacoits being armed with cut rifles, dao, dagger, cocktail, etc. forcibly entered into the cattle market and looted away the collected toll money total worth Taka 1,70,000 from him as well as from the other toll houses. During commission o..Category: Procedural Law | Date: 27 Jul, 2005 | Hits: 9
Md. Azizur Rahman Vs. Mosammat Nazmun Nahar, 2005, 34 CLC (HCD)
....t aside. The order of stay passed earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 246. ......t aside. The order of stay passed earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 246. ......d decree. Hence this Rule. 7. Mr. A.B.M Nurul Islam, the learned counsel appearing for the petitioner assailed the appellate Court's judgment submitting that the question of payment of dower money and maintenance arises upon marriage but when there is no such marriage the question of dower ..Category: Evidence Law | Date: 26 Jul, 2005 | Hits: 169
Shafiuddin Vs. Samir Bhuiyan and others, 2005, 34 CLC (HCD)
....he Rule is hereby recalled and vacated. Election petition is dismissed. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 553. ......e disqualification to continue in the office of 'director' shall remain confined to the failure of any director of a Banking company to repay the loan or advance received by him or to pay the amount of any guarantee given by him or to do any act or perform any undertaking agreed to or given ......he Rule is hereby recalled and vacated. Election petition is dismissed. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 553. ..Category: Civil Law, Election Law | Date: 13 Jul, 2005 | Hits: 7
Ashraful Alam (Md.) Vs. State, 2005, 34 CLC (HCD)
....petitioner Md. Ashraful Alain, ho is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 718. ......wherein their Lordships held that Muslim Marriage is a socio-religious contract between man and a woman and, as such, signatures of the parties in the Kabinnama are essential for proving marriage. No amount of oral evidence can cure the deficiency and no amount of oral evidence Sufficient to prove m......petitioner Md. Ashraful Alain, ho is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 718. ..Category: Family Law | Date: 4 Jul, 2005 | Hits: 2
Pushpa Rani Saha Podder Vs. Rash Mohan Saha, 2005, 34 CLC (AD)
....d an error of law requiring interference by us. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 350; 10 MLR (AD) 345. ......d an error of law requiring interference by us. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 350; 10 MLR (AD) 345. ......iffs, in brief, is that on 23.05.1965 Kumudini Saha entered into a contract with the plaintiffs to sell the suit property for a consideration of Tk. 1600/- and received a sum of Tk. 1500/- as earnest money. In pursuance of this contract Kumudini executed a bainapatra on 26.05.1965 and delivered po..Category: Property Law | Date: 4 Jul, 2005 | Hits: 127
Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)
....cept incidentally in interlocutory proceeding as a ground for rejecting temporary injunction. Mr. Farooqui concludes strongly submitting that since the petitioner in particular and the nation as a whole does not want to see Rajshahi University to face the unfortunate and saddest fate of Adamjee ...... trial Court judgment. He continued that the present suit being an open and shut one for decision of the suit depends upon the documents only consideration of the same in granting relief does not amount to giving decision on merit of the suit, but the appellate Court below has erred in law in f......ar Association and being a patriotic and conscious citizen of the country brought the suit and the application for injunction to protest the illegal appointments and to resist drainage of public money in national interest in general and in the interest of Rajshahi University in particular. He ..Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7
Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)
....ed Advocate for the petitioner further submits that, his client has duly paid the monthly amount of Taka 800 up to the months of March, 2005. Ed. This Case is also Reported in: 58 DLR (2006) 26.......e defendant while the defendant was a student. The plaintiff then alleged that the defendant created pressure upon the plaintiff to bring Taka 2 lac from her father but as she refused to get the said amount, the defendant assaulted the plaintiff and ultimately denied their marital ties. The plaintif......ut any order as to costs. Civil Revision No. 1058 of 2001 is also discharged with the modification that the defendant shall pay an amount of Taka 2000 per month from the month of June, 2005 by way of money order within 10th of every English calendar month to the address of the plaintiff, as mentione..Category: Family Law | Date: 25 Jun, 2005 | Hits: 237
Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)
.... to observe any or all of the conditions of this lease, then it shall be competent for the Deputy Commissioner, at any time, to re‑enter upon the demised land or any part thereof in the name of the whole and thereupon this lease shall absolutely determine in respect of the entire land without any ......be heritable but you shall not be entitled to transfer, or create any change on the land or any part thereof, during a period of five years from the date of the lease or till you have paid the entire amount of salami, whichever is later, if any transfer is made or any charge is created in contravent...... any order as to cost. Me judgments and decrees of both the Courts below are hereby set aside and decreed the suit accordingly. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 598. ..Category: Property Law | Date: 19 Jun, 2005 | Hits: 3
Jamuna Television Limited and another Vs. angladesh and others, 2005, 34 CLC (HCD)
....ing the licence dated 10‑3‑04 are all declared to have been issued without any lawful authority and, as such, of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 345. ......n of respondent Nos.3 and 4. Upon the application, on 3‑4‑02 the Commission issued a demand note for payment of Taka 14,950 as process fee. Following day i.e. on 4‑4‑02 the JTV deposited said amount. 7. On 7‑5‑02 the JTV also addressed a letter to the Chairman of the Spectrum Manage......es, Annexure-A. It also received in quick succession on 10‑4‑04 impugned letter dated 8‑4‑04 issued by and on behalf of the Commission cancelling the licence for failing to deposit the entire money as demanded within the time fixed, Annexure-A(1) and on 11‑4-04 impugned letter shown t..Category: Information Technology Law | Date: 16 Jun, 2005 | Hits: 4
Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)
....the form of (charge-sheet on the basis of an investigation embarked on Second first information report leading to registration of Sabujbagh Police Station Case No.69(6)1994 was absolutely illegal and whole criminal proceeding and trial held on the basis of Second First Information Report dated 23-6-......he word "abscondence" is derived from Latin term "abscondore" which means "to hide". Law on abscondence is well settled. Abscondence of an accused does not automatically amount to offence of guilty mind and abscondence is equally consistent with innocence and guilt. Abs......set at liberty at once, if not required in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 513. ..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
Khaled Ahmed Chowdhury Vs. State, 2005, 34 CLC (HCD)
....ind no merit in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 57 DLR (2005) 694. ......ind no merit in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 57 DLR (2005) 694. ......iled to satisfy the court and has absolutely failed to prove the burden reposed on him. The accused-petitioner who was alleged to have falsely impersonated himself as captain of DGFI for getting money from the informant was caught red-handed by the police. He has filed revisional application af..Category: Limitation Law | Date: 13 Jun, 2005 | Hits: 2
Mahmuda Begum and others Vs. Chairman, First Court of Settlement and others, 2005, 34 CLC (HCD)
....dent No.2 is directed to exclude the said case property from the aforesaid 'Ka' List of abandoned buildings within 60 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 247. ......dent No.2 is directed to exclude the said case property from the aforesaid 'Ka' List of abandoned buildings within 60 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 247. ...... deceased) for a consideration of Taka 10,000 only On the date of execution of the deed of agreement on 27-12-1970, Md. Atiqullah paid a sum of Taka 4000 only to the respondent No.3 by way of earnest money. Subsequently, on different dates, opt of the balance consideration money, the respondent No..Category: Property Law | Date: 25 May, 2005 | Hits: 33
Abdul Momen Chowdhury and others Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....respondent No.1 is directed to provide necessary logistic support for the purpose to the respondent No.2. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 9. ......ed individually and collectively in fulfilling the commitment to the People. g. Description of assets and liability of the candidate and dependant of the candidates. h. Particulars and amount of loan taken from Bank and Financial Institutions dealing with Public money personally, Join......le. g. Description of assets and liability of the candidate and dependant of the candidates. h. Particulars and amount of loan taken from Bank and Financial Institutions dealing with Public money personally, Jointly or by dependent or loan taken by the Company from Bank, where the candidat..Category: Election Law | Date: 24 May, 2005 | Hits: 11
New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)
....it is evident that trade marks associated with the above three trade marks have not been assigned to the Petitioner, and given that Section 34(2) requires associated trade marks to be assignable as a whole and not in a piecemeal fashion, the assignment of 9.4.2002 remains imperfect. In this regard, ......de Mark No.66879 in Class-29 be sent to the Respondent No.2 Registrar, Department of Patents, Designs and Trade Marks forthwith. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ......Judge, Chittagong and subsequently transferred to the 2nd Court of Joint District Judge, Chittagong, against a predecessor-in-interest of the Petitioner, i.e., Unilac Australia Pty Ltd. praying for a money decree of Taka Twenty-eight crore that is now pending. Evident from the certified copy of the ..Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187
State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)
.... the accused-respondents in the case are hereby set aside and the accused respondents are directed to appear before the trial Court to face the trial in accordance with law. Ed. ...... initial stage may be justified where the facts are so preposterous that even on the admitted facts no case can stand against the accused and that a further prolongation of the prosecution would amount to harassment to an innocent party and abuse of the process of the Court. Besides, some categ...... the accused-respondents in the case are hereby set aside and the accused respondents are directed to appear before the trial Court to face the trial in accordance with law. Ed. ..Category: Criminal Law | Date: 16 May, 2005 | Hits: 105
Jamuna Builders Ltd. and another Vs. Rajdhani Unnayan Kartripakkha and another, 2005, 34 CLC (HCD)
.... the Building Construction Rules, 1996. In the result, the Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 762. ......uilding or excavation or re-excavation of the tank, provided such person‑ (i) pays, within the time specified by the Authorised Officer or, the Committee, as the case may be, a fine of an amount, which shall not be less than Tk. 5000 and more than Taka 50,000 to be determined by that Off...... the Building Construction Rules, 1996. In the result, the Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 762. ..Category: Administrative Law, Company Law | Date: 9 May, 2005 | Hits: 9
Debobrota Baiddya @ Debu Vs. State, 2005, 34 CLC (HCD)
....ganj PS Case No. 3 dated 3-11-2002 under sections 6/7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and he be discharged from his bail bonds. Ed. This Case is also Reported in: 58 DLR (2006) 71.......ganj PS Case No. 3 dated 3-11-2002 under sections 6/7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and he be discharged from his bail bonds. Ed. This Case is also Reported in: 58 DLR (2006) 71.......sited his house on previous occasion. On the next day i.e. Wednesday, when he was coming to shop he asked Chinmoy to stay for 1/2 days. At about 7-30 AM Chinmoy went to his shop and informed that his money bag was taken by pick-poket and he needed the money for bus-fare, Chitta Babu, the father of C..Category: Women and Children | Date: 9 May, 2005 | Hits: 84
Afzalul Haque (Md.) and others Vs. Md. Abdur Razzaque, 2005, 34 CLC (HCD)
....landlord petitioners. Send down the lower Court's record with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 185. ......landlord petitioners. Send down the lower Court's record with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 185. ......ement was signed on 27-2-1979 between the parties and the monthly rent was fixed at Taka 150 and according to the agreement, a sum of Taka 5000 was paid by the defendant to the plaintiffs as security money at the time of signing of the agreement, which was taken back by the defendant thereafter from..Category: Tenancy Law | Date: 4 May, 2005 | Hits: 25
Bangladesh rep. by the Ministry of Works & ors Vs. Nasima Khatoon and others, 2005, 34 CLC (AD)
....ors' claim of getting the property through purchase from the lessee/successors to the lessee does not arise. Thereafter, he submits, referring to clause 7 of the lease deed, that until payment of the whole lease money the possession of the predecessor of the writ petitioners was that of mere license......rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ......eral submits that the said document being not a public document was not filed before the Court properly and, as such, no credence can be given to the said document. The fact of payment of lease money thus being not proved the writ respondents or their predecessors' claim of getting the propert..Category: Property Law | Date: 4 May, 2005 | Hits: 115
M Moinul Khan Vs. State, 2005, 34 CLC (HCD)
....ection (1 Kha) of section 27 of the aforesaid Ain, 2000. Communicate a copy of the judgment and the order expeditiously to the Court below. Ed. This Case is also Reported in: 58 DLR (2006) 253. ......(Shipu) on 28-1-2000 and the dower was fixed at Taka 5 lac. Before the marriage accused No.1 and others demanded Taka 5 lac as dowry and threatened to call off the marriage if they failed to give the amount, The complainant's father was compelled to pay an amount of Taka one lac thirty thousand by c......ection (1 Kha) of section 27 of the aforesaid Ain, 2000. Communicate a copy of the judgment and the order expeditiously to the Court below. Ed. This Case is also Reported in: 58 DLR (2006) 253. ..Category: Women and Children | Date: 3 May, 2005 | Hits: 98
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