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Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)

....the authority, i.e. the conditions should be such as import proper legal sanctions in case there should be variation from the truth. 6. P.W.2 stated that the seized heroin was found in the right hand of Rabia Khatun in a black polythene bag. P.W.3 corroborated the testimony of P.W.2. These two ......appellant is found not guilty of the charge and she be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 473. ..

Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10

Hazi Afsar Uddin Mina and others Vs. Alhaj Sk. Sultan Ali and others, 2006, 35 CLC (HCD)

....ivil Revision Petition laid under section 115 of the Code of Civil Procedure (For short The Code). 2. By this Civil Revision Petition an exception has been taken to an order dated November 9, 1987 handed down by learned Assistant Judge, Bagerhat Sadar in the above stated suit by which a petition ......86 of 1986 and Written Statement laid in the said suit and other papers annexed in Revision Petition as Annexures. Explored grounds pressed into service in support of Revision Petition. Took a mental note of the submissions advanced from the side of plaintiffs-petitioners. Ruminated laws and princip..

Category: Procedural Law | Date: 18 Apr, 2006 | Hits: 29

Government of Bangladesh Vs. Kalimuddin Pramanic and others, 2006, 35 CLC (HCD)

....;……………..Opposite Parties Judgment March 28, 2006. Result: The Rule is made abso­lute. Cases Referred to- Jafar Ali Vs. Khagendra Chandra Dutta and others, 1983 BLD 32; Abdul Majid and others Vs. The Province of East Pakistan and o......ntended that in the remarks column of C.S. record through mistake it was written “সর্বসাধারনের ব্যবহার্য”. In this connection, it is important to note here that according to sec­tion 103 B(5) of the Bengal Tenancy Act, every entry made in a r..

Category: Property Law, Tenancy Law | Date: 28 Mar, 2006 | Hits: 4

Kishore Kumar Dutta Vs. State, 2006, 35 CLC (HCD)

....tta from father's side of Gour Dev had been serving in Agrani Bank, Camilla. A male child was born out of wedlock of Gouri Dev and Kishore Kumar Dutta. Accused Kishor Kumar Dutta, his brother Bhupal Chandra Dutta and Binoy Dutta, Pronoy Dutta and Bijoya Dutta, all sons and wife respectively of Bhupa......mation Report could be laid with the police Station on 24.8.2001 when P.W.1 was admitted into Comilla Sadar Hospital but no first Information Report was lodged after the incident. Curiously enough to note that First Information Report was lodged after a period of eight (8) days of the incident and i..

Category: Women and Children | Date: 20 Feb, 2006 | Hits: 127

Rafiqul Islam (Md.) Vs. State, 2006, 35 CLC (HCD)

.... on 20-6-2004 tortured the victim physically and caused grievous injuries. The father of the victim filed the case on 13-7-2004 in Nari o-Shishu Nirjatan Daman Tribunal, Gaibandha. 3. On the other hand, the accused Rafiqul Islam as plaintiff instituted a suit on 31 10-2004 in the Court of Senior ...... the same bail granted by the Tribunal till disposal of the case. Let the copy of the judgment be set down at once. Ed. This Case is also Reported in: 58 DLR (2006) 244, 26 BLD (HCD) (2006) 96. ..

Category: Women and Children | Date: 13 Feb, 2006 | Hits: 98

Md. Abdul Hannan alias Khalil Vs. Sate and another, 2006, 35 CLC (HCD)

....ave sexual intercourse with her is not disputed. According to the prosecution, the victim, aged 13 years, was kidnapped by the appellant to marry her and then he committed rape upon her. On the other hand according to the defence the victim, aged 20 years, voluntarily went with the appellant and mar...... Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 291. ..

Category: Women and Children | Date: 7 Feb, 2006 | Hits: 78

M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)

....serving all formalities as regards the execution and registration of the power of attorney by the Austrian and Bang­ladesh Governments, the power of attorney reached its holder Mohasin Darbar who handed over the same to the plaintiff and the plaintiff submitted the power of attorney to the cour...... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ..

Category: Property Law | Date: 15 Dec, 2005 | Hits: 8

Abdul Aziz & Government of Bangladesh Vs. Hindu Deity Luxmi Gobinda Jew & ors, 2006, 35 CLC (AD)

....d of rights as debatter properties. The plaintiff has thus been owner in peaceful posses­sion of the suit land. During the survey operation under the State Acquisition and Tenancy Act, one Debendra Chandra Bhattacharjee was the Shebayet of the plaintiff and he was a simple man and completely under ......the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is dis­missed without any order as to cost. Ed. This Case is also Reported in: ..

Category: Property Law | Date: 8 Dec, 2005 | Hits: 90

Industries Chemie BV Vs. SMA Quddus and another, 2005, 34 CLC (HCD)

.... in favour of the respondent No.1. No order at to cost. The connected Rule being Rule No. 4 (TM)/2001 is disposed of. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 758. ......nce by the parties. The contention raised by the learned Advocate is that even after rejection of the applicant in Form TM 55 the Registrar of Trade Marks was ;T, justified under the law and Rules to note that the opposition case has been abandoned without hearing the parties, fixing a fresh date. T..

Category: Intellectual Property Law | Date: 30 Nov, 2005 | Hits: 142

Jabbar and others Vs. State, 2005, 34 CLC (HCD)

....eased son Salam asked them to see what was happened with the fowl in the case. At this he and his son, deceased Salam opening the southern door went out. His wife with a burn­ing hurricane in her hand followed them. Ap­pellant Jabbar stabbed on the chest of Salam by chhora who fell down. Then a......d down the lower Court's records at once with a copy of this judgment, for in­formation and taking necessary action. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 29.  ..

Category: Criminal Law | Date: 18 Oct, 2005 | Hits: 3

Cox's Bazar Pourashava Vs. Bangladesh and Others, 2005, 34 CLC (HCD)

..../98/693 dated 23.7.2002 purportedly issued from the office of the respondent No.1 under the signature of Zakia Sultana, Senior Assistant Secretary, directing the petitioner, Cox's Bazar Pourashava to hand over the management of the Cox's Bazar Pourashava Central Bus Terminal to the Cox's Bazar Zila ......rminal to the Cox's Bazar Zila Parishad are declared to have been issued/passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 216. ..

Category: Civil Law | Date: 30 Aug, 2005 | Hits: 39

ASM Anayetullah & others Vs. Bangladesh, represented by the Secretary, Ministry of Land and Land Administration & ors, 2005, 34 CLC (HCD)

....equisition of Property Act, 1948, for the purpose of defence, the said property was requisitioned by the government and the requisitioning authority took over the possession of the aforesaid land and handed over the same to the requiring authority and the requiring authority on getting the possessio......sly as possible in accordance with law. With this observation, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 613.   ..

Category: Property Law | Date: 9 Aug, 2005 | Hits: 4

Bangladesh Legal Aid and Service Trust (BLAST) Vs. Bangladesh & another, 2005, 34 CLC (HCD)

....se of Qudrati Elahi Panir etc. Vs. Government of Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and Co­operative 44 DLR (AD) (1992) 319. 6. On the other hand, Mr. Fida M. Kamal, the learned Additional Attorney General submitted that under Article 65 of ......uch, this Gram Sharker Ain is constitutionally valid and intra-vires to the Constitution. In support of his contention the learned Additional Attorney General also relied on the decision of the above noted Qudrati Elahi Panir's case. 7. We have perused the petition, affidavit-in-opposition and al..

Category: Constitutional Law | Date: 2 Aug, 2005 | Hits: 343

Md. Azizur Rahman Vs. Mosammat Nazmun Nahar, 2005, 34 CLC (HCD)

.... Rahman, P.W.3 and the Marriage Registrar of the Purnpoil Union Parishad as P.W.4 and produced the affidavit, Nikahnama (Kabinnama) and a voter list marked Exts. 1, 2 and 3 respectively. On the other hand the defendant examined 3 witnesses including himself as D.W.1, his father is D.W.2 and his uncl......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. ..

Category: Evidence Law | Date: 26 Jul, 2005 | Hits: 169

Humayun Hafiz (Md.), Intelligence Officer Vs. People's Republic of Bangladesh represented by the Secretary, Internal Resources Division, Ministry of Finance and others, 2005, 34 CLC (HCD)

....er pursuant to publication of employment notice in the month of September, 1987. The petitioner along with other candidate was appointed to the said post. 4. The petitioner while was serving at Chandpur as Assistant Adjutant of Ansars/Thana Village Defence Officer he was declared surplus under ......d be discharged as being not maintainable. In the result, both the writ petitions are discharged without, any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 609. ..

Category: Administrative Law, Employment/Service Law | Date: 24 Jul, 2005 | Hits: 8

Shafiuddin Vs. Samir Bhuiyan and others, 2005, 34 CLC (HCD)

....t 1991 (Act XIV of 1991), in brief, the Act, in finding the returned Chairman defaulter under clause (g) of section 10(2) of the Ordinance. 18. Mr. TH Khan, learned Senior Advocate, on the other hand, took us through the record, particularly Exhibit 7 and 7(ka), and submitted that the returned ......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)

....ior permission from the complainant or the chairman of the Union Parishad married one Musammat Tahera Khatun as his second wife and they have been passing their days as husband and wife. On the other hand, the accused petitioner completely denied about the second marriage stating that she has falsel......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

Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)

....al Court order without reversing its findings and failing to find that the petitioner has brought the suit in public interest as a PIL and not for his personal interest, etc. 10. On the other hand Mr. A. F. Hassan Ariff, the learned Counsel appearing for the defendants-opposite parties 1-5 ......t Judge, 2nd Court, Rajshahi in Miscellaneous Appeal No.50/2004 is hereby set aside and that of the trial Court is af­firmed. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 5. ..

Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7

Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)

....………..……………….Petitioner Vs. Amita Golder………………………………………………..Opposite Party Judgment June 25, 2005. Cases Referred to- Amullya Chandra Modak petitioner vs. State, 55 DLR 160, Nelly Zaman vs. Giasuddin Khan, 34 DLR 221, Sharmin H......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...

Category: Family Law | Date: 25 Jun, 2005 | Hits: 237

Jamuna Television Limited and another Vs. angladesh and others, 2005, 34 CLC (HCD)

....nt very clear not to see the Commi­ssion really independent of it. The government by tradition was not prepared to have complete trust and confidence upon the Commission. Keeping the power in the hands of the Government to appoint the secretary and to execute its policy and decision through the ......quipment and also for allocation of necessary frequency, Annexure‑3 to the Affidavit-in-Opposi­tion 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 s..

Category: Information Technology Law | Date: 16 Jun, 2005 | Hits: 4