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Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)
....¦â€¦â€¦â€¦..……………….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......trial Court by which the suit was dismissed, Mr. Biswas then submits that the lower appellate Court committed an error of law in allowing additional evidence to be produced before the appellate Court overlooking that Family Court Ordinance does not provide for application of Civil Procedure Code exc......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
Md. Joinul Abedin Vs. Government of Peoples' Republic of Bangladesh, 2005, 34 CLC (HCD)
....bsp; This Case is also Reported in: 26 BLD (HCD) (2007) 306. ......………………………………………………………..Petitioner Vs. The Government of Peoples' Republic of Bangladesh, represented by the Secretary, Ministry of Educatio......rinciple of natural justice. Only the Managing Committee of the Madrasa can terminate the petitioner in accordance with law. Any action taken by the Deputy Commissioner who has no role to play in the management and administration of the Madrasha where it is situated outside the district headquarters..Category: Civil Law | Date: 22 Jun, 2005 | Hits: 3
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 ......The petitioners, for the sake of brevity, shall be referred hereinafter as the JTV. 4. On 23‑11‑01 the JTV submitted a proposal to the respondent No.1, the Ministry of Information, the Government of Bangladesh for setting up and operating both terrestrial and satellite television chann...... a 'No Objection Certificate', in short, NOC to the JTV for opening and operating countrywide terrestrial and satellite television telecasting and broadcasting in the UHF band under their own management. In the NOC, the JTV was asked to obtain approval from the Ministry of Posts and Telecomm..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)
....23; Maharaja of Kolhapur Vs. S Sundaram Ayyar and others, 1925 Madras 497; Nurul Huq and others Vs. State, 1982 BCR 332; Niamatullah Vs. State, Criminal Appeal No. 20 of 1975, 1976 PLD SC 629; Paran Chandra Baroi-Appellant Vs. State, Criminal Jail Appeal No.210 of 1980, 1982 BCR 292; R Vs. Hodg......tigation of Sabujbagh Police Station Case No.4(12)92. P.W.14 Munshi Atiqur Rahman. Police Personnel, also, carried on investigation of Sabujbagh Police Station Case No.4(12)92 and, thereafter, handed over case diary to Additional Superintendent of Police Mr. Kahar Akhand (P.W.16). P.W.15 Md. Shafiuz......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
Mahmuda Begum and others Vs. Chairman, First Court of Settlement and others, 2005, 34 CLC (HCD)
....ud Bhuiyan has referred to the decision in the case of Bangladesh represented by the Secretary, Ministry of Works and others Vs. Kazi Ashrafuddin Ahmed reported in 55 DLR (AD) 16. 11. On the other hand, Mr. MA Azim Khair, the learned Deputy Attorney-General appearÂing for the respondent No.2, su......mality and symbolically. Article 9 read with Article 10 of PO No.16 of 1972 contemplate that any allotment, lease or agreement granted or entered into before the 25th March, 1971 is binding upon the GovernÂment in the same way as upon the original owner. In the instant case, the agreement for sale ......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. ..Category: Property Law | Date: 25 May, 2005 | Hits: 33
New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)
....ubmitted that of prime concern to the Petitioner, however, has been the fact of the consequential prejudicial effect such impugned registration has had on the public interest that has suffered at the hands of unscrupulous traders. Being unaware of such registration at the time and thereby having fai......powder milk, butter oil, condensed milk etc. including milk products in all their forms in Class- 29 throughout the world and having acquired a reputation for the unrivalled quality of their products over the past several decades, adopted a trade mark consisting of the words "Red Cow" toge......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. ..Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187
Sheikh Abdul Quddus Vs. Akram Sheikh @ Akram and others, 2005, 34 CLC (HCD)
....the opposite party No.1 Akram Sheikh @ Akram dealt an iron rod blow on the back side which caused him injury and thereafter he fell down on the ground and that he again gave another blow on the right hand of the victim causing grievous injury. It is also stated in the first information report that M......e was injured below his knee. Thereafter, he assisted him to go home and poured water on his head. Thereafter, he was shifted in the Kushtia hospital for treatment. He is student of I Com in Kushtia Government College. He denied the defence suggestion that he did not give the statement to the instig......ate of receipt of this order to serve out their remaining portion of sentence imposed upon them. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (HCD)(2005) 650. ..Category: Evidence Law | Date: 16 May, 2005 | Hits: 4
State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)
....bsp; Judgment May 16, 2005. Cases Referred to- Abdul Quader Vs. State, 28 DLR (AD) (1976)38, Ghulam Muhammad Vs. Muzammel Khan, P.L.D. 1967 (SC) 317, Gianchand Vs. State, 1968 Pakistan Criminal Law Journal (S.C.) 764, R. P. Kapur Vs. State of Punjab, A.I.......the said jurisdiction can and should be exercised by the High Court. The consensus of judicial opinion is that it is not possible, desirable or expedient to lay down any inflexible rule which should govern the exercise of this inherent jurisdiction. The exercise of this jurisdiction will depend...... 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
Sec. Min. of Works and Urban Dev., Govt. of BD & ors Vs. Rowshan Ara Begum & anr, 2005, 34 CLC (AD)
....background of the discussions made hereinabove we find merit in the appeal. 18. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......urt Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J MA Aziz J Secretary, Ministry of Works and Urban Development, Government of Bangladesh and other……………. Appellants Vs. ......background of the discussions made hereinabove we find merit in the appeal. 18. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: 15 May, 2005 | Hits: 120
Afzalul Haque (Md.) and others Vs. Md. Abdur Razzaque, 2005, 34 CLC (HCD)
.... 1995 dismissing the suit is hereby set aside. The defendant-opposite party is directed to vacate the leasehold property within a period of one month from the date of receipt of the Judgment and hand over the vacant possession to the landlord petitioners. Send down the lower Court's re......ol Act provides that - (1) Notwithstanding anything contained in the Transfer of Property Act, 1882 (IV of 1882), or the Contract Act, 1872 (IX of 1872), no order or decree for the recovery of possession of any premises shall be made as long as the tenant pays rent to the full extent......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. ..Category: Tenancy Law | Date: 4 May, 2005 | Hits: 25
....Writ Petition
No.1589 of 1998.
Judgment
Afzal Hossain Ahmed
J.-
This Rule Nisi was issued calling upon the respondents to show cause as to why
the respondents should not be directed to handover the vacant possession of the
land and building at 2, K.P. Ghosh Street, Armanitola, Dhaka ......
(Special
Original Jurisdiction)
Present:
Tariq ul Hakim J
Afzal Hossain Ahmed
J
Jahangir Mohammad
Adel and two others…………………Petitioners
Vs.
Government of
Bangladesh, Represented by the Secretary, Ministry of Education and others…………......
Ghosh Street, Armanitola , Dhaka to its owners within 4(four) months from the
date of receipt of this order of this Court.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008)
73. ..
Category: Property Law | Date: 3 May, 2005 | Hits: 3
Md. Abdur Rahman Faroque Vs. Md. Shamsul Hoque and another , 2005, 34 CLC (AD)
....18 & 20) Cases Referred to- Binode Behari Saha Vs. Nitya Gopal Shaha, 33 DLR (AD) 130; A.K. Murshed Ahmed Vs. Md. Meher Ali and others, 35 DLR (AD) 178; Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 37 DLR (AD) 174; Kedarnath Vs. Mohan Lal Kejar Wari and others, AIR 2002 SC, 582. L......nd his knowledge and as such he has no objection if the suit is decreed. 5. It was asserted by the defendant No.2 in his written statement that defendant No.1 is a doctor in the service of the Government and by a Power of Attorney executed on 13-02-1985 the defendant No.1 appointed him attorne......ted on 13-02-1985 the defendant No.1 appointed him attorney to look after the retail trade of medicine, that the defendant No.1 was a tenant by name but in fact the business was under the control and management of him and as such the suit be dismissed. 6. The plaintiff on November 26, 1997, ..Category: Civil Law | Date: 2 May, 2005 | Hits: 119
Montu and others Vs. State, 2005, 34 CLC (HCD)
.... Judgment April 20, 2005. Result: The Rule is discharged. Cases Referred to- Mohammad Ali and others Vs. State, 37 DLR 261;Nilkanta Ghose Vs. Afiruddin, 9 DLR 586; Bimal Chanda Das and others Vs. State, 51 DLR 466. Lawyers Involved: Abul Basher Bhuiyan with Md......away and took shelter in the house of Sagar and the mother of Sagar requested the terrorists not to assault him, then the accused rebuked her. In the meantime, Shibli Sadik able to flee away escaping over the wall. Thereafter, he raised hue and cry, then the informant and Md. Jashimuddin came to the......n dated 23‑5‑2004 passed by the learned Magistrate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504. ..Category: Criminal Law | Date: 20 Apr, 2005 | Hits: 1
Sohel Rana (Md.) Sohel Rana (Md.) Vs. State, 2005, 34 CLC (HCD)
....f her father and mother he entered into their south‑facing dwelling hut and by pressing her mouth committed rape upon her against her will. At the end of rape when she started weeping he rubbed his hands on her head and tried to pacify her by holding out many allurements. He consoled her by saying...... April 19, 2005. Result: The Jail Appeal is allowed. Nari‑o‑Shishu Nirjatan Daman Ain(VIII of 2000) Section 9 (1) Lawyers Involved: Md. Khalilur Rahman Bhuiyan, Government Legal Aid Panel Advocate- For the Appellant. Fara Mahmuda, Assistant Attorney-General......or information and necessary action. Send down the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ..Category: Criminal Law, Women and Children | Date: 19 Apr, 2005 | Hits: 1
Rafiqul Islam Mollah (Md.) Vs. State, 2005, 34 CLC (HCD)
....ase of State Vs. Md. Shafiqul Islam @ Rafiq and another, reported in 43 DLR (AD) 92. 12. Mr. Shakhawat Hossain, the learned State Defence Lawyer appearing for the condemned accused, on the other hand, submits that there is no eye‑witness of the occurrence and, as such, the trial Court ought t......ht of occurrence on 8‑2‑1994 or that the accused knows nothing regarding the death of his wife. He further denies the defence suggestion to have submitted charge-sheet in the case on being gained over by the father of the victim. 15. P.W.2 Eku Mollah hails from the same village with the acc......ted and the accused appellant is sentenced to suffer imprisonment for life for the offence under section 302 of the Penal Code. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 581. ..Category: Criminal Law | Date: 19 Apr, 2005 | Hits: 6
Sultan Ahmed & another Vs. Government of Bangladesh and others, 2005, 34 CLC, (HCD)
....arned Advocate for the petitioner relied upon an unreported case which we shall consider later on. 13. Mr. Rais Uddin Ahmed, learned Advocate appearing on behalf of respondent No.2, on the other hand, submits that the impugned bills were issued upon the computer reading and, as such, there cann......cial Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Sultan Ahmed & another..........................................Petitioners Vs. Government of Bangladesh and others.......................Respondents Judgment April 12, 20......f stay passed in Writ Petition No.8269 of 2002 is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 560. ..Category: Information Technology Law | Date: 12 Apr, 2005 | Hits: 4
Asadul Hossain (Md.) Vs. State, 2005, 34 DLR (HCD)
.... it first information report with the Chuadanga-Police Station to the effect that on a tip-off, he along with P.W.4 Sree Nirmal Kumar Roy. P.W.5 constable Abu Bakar, P.W.6 constable Sree Dinesh Chandra Biswas, P.W.9 Constable EmraJul Islam, P.W.10 Constable Saumitra Chakma, P.W.12 SI Nazrul Isl...... tried to hide arms and ammunition beneath the bed sheet of a bed in a room of the dwelling house of Yousuf Malitha and tried to flee away. But the police personnel caught hold of both of them and recovered one country-made gun and 5 cartridges and a tojdani from their possession and accordingly, a ......shall be counted from their date of arrest. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 615. ..Category: Arms Law, Criminal Law | Date: 11 Apr, 2005 | Hits: 9
Government of Bangladesh Vs. Ali Akbar Ansari, 2005, 34 CLC (AD)
....stances, we find no substance in the submissions of learned Additional Attorney General. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 841. ...... 841. ......stances, we find no substance in the submissions of learned Additional Attorney General. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 841. ..Category: Property Law | Date: 9 Apr, 2005 | Hits: 93
State Vs. Md. Nasim and others, 2005, 34 CLC (AD)
....been prepared by the tender committee it was found that the lowest tenderer Calcutta Security Printers Limited, India have no previous experience and they have not printed any passport. On the other hand, the Francois Charles Oberthur, France (FCO), has printed and supplied passports in 27 countrie...... Division. Civil Petition for leave to Appeal Nos. 56, and 57 of 2005 arise out of aforesaid. Criminal Miscellaneous, case Nos. 8038 of 2002 and 4275 of 2002, respectively. Hence this judgment shall govern both the aforesaid petitions too. 3.The fact, in short, are that Jalal Uddin Ahmed, Inspec......he impugned judgment and order quashing the proceeding. 17. In view of the discussion made above we do not find any merits in the petitions. The petitions are, therefore, dismissed. Ed. ..Category: Anti-Corruption Laws | Date: 27 Mar, 2005 | Hits: 95
....nctioned by the law of the Twelve Tables.
12. In 1631, a person after his conviction for felony threw a brickbat at Chief Justice Richardson which narrowly missed him. He was indicted, his right hand was cut off and fixed to the gibber and then he was immediately hanged in the presence of the C......s‑ For the Contemner‑Respondent Nos.5‑6.
Mahbubey Alam with Abdul Alim Miah, Advocates- For the Contemner‑Respondent No.7.
Abdur Razzak Additional Attorney-General‑ For the Government.
Contempt Petition No.118 of 2005.
Judgment
Md. Abdul Matin J.- This Rule ......s equally true that these legal members are not usually such a class of lawyers as is competent to do anything so important as the making of a judge—young, ambitious men, more familiar with the management of ward caucuses or town meetings than with the conduct of a cause in Court.” (Hist..
Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7
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