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Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
....n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed.......ending back the suit to the trial Court since the High Court Division was very much competent to compare the signatures of the defendant appearing in the 'bainapatra' with the signatures in the other documents already oil record. 7. It is seen from the judgment of the High Court Division that th..Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ......tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)
....inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ......lice report under section 173 of the Code of Criminal Procedure available with the record. We direct the learned Magistrate to consider the record of the case and on consideration of the same and the documents submitted therewith, if he finds prima facie case against the condemned prisoner, he shall..Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
....e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......dent No. 1 in the above writ petition, contested the above writ petition and filed affidavit‑in‑opposition contending, inter alia, that Government, after necessary verification and examination of documents and papers released the above holding from the list of abandoned properties in favour of r..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
State Vs. Moslemuddin (Md), 2004, 33 CLC (AD)
....tence is illegal". In view of above position we fined no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. Ed. ......tence is illegal". In view of above position we fined no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. Ed. ..Category: Anti-Corruption Laws | Date: 19 Jan, 2004 | Hits: 96
State Vs. Bahar Miah, 2004, 33 CLC (HCD)
....he offence for taking necessary steps in accordance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ...... of the Nari‑o‑Shishu Nirjatan Daman Ain, 2000. The case record was eventually sent to the Nari‑o‑Shishu Nirjatan Daman Tribunal, Comilla. The Tribunal on perusal of the police report and the documents submitted therewith, having found prima facie case against the condemned prisoner and two ..Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163
Mirpur Mazar Co-Operative Market Society Ltd. Vs. Capital Tower (Pvt) Ltd & Ors., 2006, 35 CLC (AD)
....mode of allotment of the plot in question. 12. In view of the discussions made herein over we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ......at the land in question was a vacant land and keeping of the land as necessary for use as car park the Master Plan of Mirpur has been modified in the public interest being considered along with other documents, in that case this Court would have taken a different view with regard to the change of Ma..Category: Property Law | Date: 18 Jan, 2004 | Hits: 86
Securities and Exchange Commission, represented by its Chairman Vs. Runa N Alam, 2004, 33 CLC (AD)
....cordingly, set aside. The learned Additional Sessions Judge shall proceed against the accused in accordance with law. The appeal is accordingly allowed. Ed. This Case is also Reported in: ......wed. The Code of Criminal Procedure, 1898 (V of 1898), Section 265C Section 265C of the Code of Criminal Procedure enjoins a duty upon the Court, to consider the record of the case and the documents submitted therewith and upon hearing the submissions of the accused and the prosecution to..Category: Business or Commercial Law | Date: 5 Jan, 2004 | Hits: 340
Md. Rahimuddin Mia (Bharasa) Vs. The Registrar of Trade Marks and another, 2003, 32 CLC (HCD)
....class 34 dated 5.5.94 together with its existing features of label, get up and design. There will be no order as to costs. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 233. ...... by fraud and secondly if the mark registered subsequently is deceptively similar to an earlier registered mark and in the instant case the petitioner has been able to show from its pleadings and the documents annexed with the application that in the instant case the opposite party No.2 is guilty of..Category: Intellectual Property Law | Date: 15 Dec, 2003 | Hits: 18
Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)
.... Division in Writ Petition No. 1900 of 2003 making the Rule absolute are hereby set aside and the Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......a tender for bids for procurement of geo textile bags on 23 September 2002. That BWDB invited sealed bids in four lots strictly in conformity with the Technical Specification provided. in the bidding documents in different size of bags; the invitation further stated that in the comparison of bids, A..Category: Others | Date: 10 Dec, 2003 | Hits: 261
Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
.... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ...... Division in comparing the thumb impressions appearing in the petition seeking allotment and in the power of attorney and thereupon in taking the view that the thumb impressions appearing in the said documents are not similar. The law permits the Court to compare signature of a person with his admit..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and ors., 2005, 34 CLC (AD)
....he Sonali Bank is under a legal obligation to pay of the respondents. 6. It is now the settled principle of law that no Court can pass any restraining order on any issuing bank from making payment under letter of credits (33 DLR (AD) 298 and 54 DLR (AD) 70). ......ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 2 Nov, 2003 | Hits: 783
Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)
....e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ......ge had jurisdiction to intervene under section 439A of the Code of Criminal Procedure. Their Lordships observed: "What the learned Sessions Judge did in this case is that he scrutinised the documents of the various parties carefully and came to the conclusion that the matter should be sett..Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1
Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)
....6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ......cedure can be admitted into evidence under section 80 of the Evidence Act, let us reproduce section 80 of the Evidence Act: "80. Presumption as to documents produced as record of evidence‑wheneven any document is produced before any Cou..Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107
Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)
....tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ......ng a decree of recovery of khas possession. Finally, Mr. Ahmed submits that the High Court Division erred in taking the view that the petitioner obtained possession of the suit property and the documents of title on 31.8.84 through fraudulent misrepresentation and that he wanted to continue in..Category: Contract Law | Date: 20 Oct, 2003 | Hits: 256
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ......e, Dhaka for a declaration that property described in schedule-A to plaint is acquired land of Government and legally leased out to plaintiff and Plaintiffs title therein is unaffected by Defendant's documents and, also, for a decree of permanent injunction restraining Defendants from disturbing pos..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Harunur Rashid and ors. Vs. State and ors., 2004, 33 CLC (AD)
....offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed. Ed. ......rmed by the courts below. Though the petitioners have sought to point out the Champak Lata herself executed the sale deed by her own name and her name appears in the voter’s list and some other documents, as such she has not impersonated anybody purporting to be Shebayet, as a matter of fact, ..Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85
DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)
....y cheque. That the trial Court made the award a Rule of the Court on 8‑3‑1998 which was contested by the appellant‑Dhaka University by depositing the awarded amount in the form of bank guarantee and the matter got its finality on 30‑6‑1999 when the leave petition was......sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ..Category: Civil Law | Date: 20 Aug, 2003 | Hits: 291