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Shamsur Rahman Khalifa Vs. Jagodish Chandra and Others, 2007, 36 CLC (HCD)
....r Vs. Jagodish Chandra and Others.....................Defendants-Opposite Parties Judgment May 27, 2007. Result: The Rule is made absolute. Cases Referred to- Bangladesh Vs. Abdul Gani, 32 DLR (AD) 233; Sadananda Rana, 34 DLR (AD) 237; Abdul Khaleque Sarnamat...... 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. ......of 1999 dismissing the appeal and affirming those dated 17-1-1999 passed by the learned Assist ant Judge, Chitalmari, Bagerhat in Title Suit No.217 of 1985 dismissing the suit. 2. Facts relevant for disposal of the Rule are that the suit land belonged to defendant Nos. 6 and 7 who sold the suit...... 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)
.... High Court Division (Special Original Jurisdiction) Present: ABM Khairul Haque J SM Ziaul Karim J Faruk Ahmed and another……………….Petitioners Vs. Bangladesh represented by Secretary, Ministry of Home Affairs and another………..Respondents ......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. ...... ২-৪-২০০৬ promoted the petitioners, on regular basis as ASP, with effect from 10-8-2003 and 8-10-2003 respectively (Annexure-B). Later on, the petitioners approached to the authority for fixing of their seniority (Annexure C and C-l respectively). The Police Headquarter forwarded ......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)
....o Reported in: 61 DLR (HCD) (2009) 153. ......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. ......erty was sold by the Government to him at a consideration of Taka 1, 33,907 by a registered sale dated 19-12-1989. The claimant respondent No. 2, is not the son of the original lessee, Esamul. Therefore, the property was rightly declared as abandoned property. 3. The respondent No. 2, contes......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. ..Category: Property Law | Date: 6 May, 2007 | Hits: 5
Mohan Meah Vs. Dhaka City Corporation Mayour, Dhaka, 2007, 36 CLC (HCD)
....ourt should always have the liberty to condone procedural defects and irregularities occasioned by bonafide mistake or inadvertence………………………..(8) Cases Referred to- Bangladesh Vs. Anwar Ahmed, 51 DLR (AD) 42; Moni Begum Vs. Rajdhani Unnayaii Kartripakha, 46 DLR (A......boshayee Samity of which the petitioner claims to be a member, was decreed in compromise between the parties stating, inter alia, that 424 shops will be allotted to the members of the Petitioners' Society on mutual discussion and remaining shops will be allotted by the Dhaka City Corporation as......orded in Writ Petition No.32 of 1987 and Writ Petition No.372 of 1989 respectively 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 m......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. ..Category: Civil Law | Date: 29 Apr, 2007 | Hits: 2
Dominous Pizza and others Vs. Domino's Pizza Inc., 2007, 36 CLC (HCD)
....a or pizza-related products. The plaintiff also alleged that it has got 385 registrations in different countries and has filed applications for registration in about 114 different countries including Bangladesh and their applications for registration are pending. The plaintiff made several other sta...... 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. ......te party to show cause as to why the impugned judgment and order dated 5-5-2005 passed by the learned Additional District Judge, 7th Court, Dhaka in Title Suit No. 3 of 2000 rejecting the application for rejection of the plaint should not be set aside or such other or further order or orders passed,...... 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)
.... 61 DLR (HCD) (2009) 46. ......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. ......ction) Present: AK Badrul Huq J Tabibullah and others ………………..Petitioners Vs. Bangladesh and others....Opposite Parties Judgment April 4, 2007. Result: Petition for addition as opposite parties is allowed. Case Referred to- Parimal Majumder Vs. Abdul Sobh......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
....eported in: 29 BLD (HCD) (2009) 284.
......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.
......961 of 2004 is made absolute.
The statute Artha Rin Adalat Ain, 2003 has given scope to the Adalat to hold auction more than once under section 33(1) (2) and (3) or under 33(4). The said view is fortified if we examine section 34(9) of the Ain which reads as follows:
“৩৪(৯) এ......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)
....ion) 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. Ramna, Dhak......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. ......ail at present Shantinagar under P.S. Motijheel, District-Dhaka out of said 0.35 acre of land maximum portion of land was acquired by the government leaving only 0.0468 acres of land. 4. The aforesaid two brothers Amir Hossain and Seraj Mia were jointly possessing the said 0.0468 acres of l......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)
.... crime against basic Human Rights and is, also, violative of victim's must cherished Fundamental Right namely the Right to life engrafted in Article 32 of The Constitution of The People's Republic of Bangladesh. For the last few years, though, crime against women in general and rape in particular is......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. ......e 32 of The Constitution of The People's Republic of Bangladesh. For the last few years, though, crime against women in general and rape in particular is on increase, it is very much distressing that for commission of rape innocent persons are, also, trapped and brought in with ulterior and malafide......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)
..../2001 allowing the Opposition Case and rejecting the Trade Mark Application No.52139 in Class-25 filed by the present appellant. 2. The appellant Sunil Kumar Das being the sole proprietor of the Bangladeshi Manufacturer and Merchant made an application on 31.07.1997 to the Registrar of Trade Ma...... 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. ......resent appellant. 2. The appellant Sunil Kumar Das being the sole proprietor of the Bangladeshi Manufacturer and Merchant made an application on 31.07.1997 to the Registrar of Trade Marks, Dhaka for registration of mark CANNON in class-25 for Hosiery products. The said application was duly publ...... 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
Md. Kamruzzaman Babul and others Vs. State and another, 2006, 35 CLC (HCD)
....Adalat, Dhaka against 9 accused persons including these petitioners alleging, inter-alia, that the informant being a Government servant went to United States in 1994 for higher studies, who came to Bangladesh on leave in 1995 and married accused Fatema Khairunnesa on 01.09.1995 and took her with...... of 2001 under sections 6(1)/7/30 of Nari-O-Shishu Nirjatan Daman Ain, 2000 is quashed. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 68. ......s as to this Court may seem fit and proper. 2. The prosecution case, in short, is that on 03.11.2001 at about 19:30 hours one Sheikh Abdul Baten as complainant filed a petition of complaint before the Nari-O-Shishu Nirjatan Daman Bishesh Adalat, Dhaka against 9 accused persons including the...... of 2001 under sections 6(1)/7/30 of Nari-O-Shishu Nirjatan Daman Ain, 2000 is quashed. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 68. ..Category: Women and Children | Date: 19 Nov, 2006 | Hits: 11
State Vs. Shahid Javed Gaira @ Garib Miah and others, 2006, 35 CLC (HCD)
....earned advocates appeared on behalf of the Investigating Officer, Md. Rezaul Karim. In Criminal Miscellaneous (Suo Motu Rule) No.3198 of 2005 Ms. Sigma Huda, learned advocate appears on behalf of the Bangladesh Society for the Enforcement of Human Rights (BSEHR) and submits that the Society, upon in......g numbered as Criminal Miscellaneous (Suo Motu Rule) No.3197 of 2005, to show cause as to why they shall not bring into the picture Sundar Babu, son of late Seken Mollah. A further application by the Society for the Enforcement of Human Rights, represented by its Executive Director, Alena Khan, Advo......f 2005. Judgment Md. Imman Ali J.-This Reference under Section 374 of the Code of Criminal Procedure made by the learned Metropolitan Additional Sessions Judge, Third Court, Dhaka is submitted for confirmation of the sentence of death imposed upon accused Shahid Javed Gaira alias Garib Miah, ......iminal Miscellaneous (Suo Motu Rule) No.3197 of 2005, to show cause as to why they shall not bring into the picture Sundar Babu, son of late Seken Mollah. A further application by the Society for the Enforcement of Human Rights, represented by its Executive Director, Alena Khan, Advocate culminated ..Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31
R.K. Jute Mills Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....al Area, Motijheel, Dhaka……………………………………………Petitioner Vs. Government of Bangladesh and others…………………….Responden....... The Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 579. ......it Petition No.1681 of 1995. Judgment Syed Amirul Islam J.-This Rule was issued calling upon the respondents to show cause as to why the demand notice dated 02.11.88 on the petitioner for Tk. 40,77,953.00 as excise and Regulatory duty (Annexure-E) and the order dated 21.11.91 passed ....... The Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 579. ..Category: Business or Commercial Law | Date: 3 Aug, 2006 | Hits: 5
Md. Durul Islam Vs. State, 2006, 35 CLC (HCD)
....he ticket were attached to the ejahar. Subsequently the accused along with Motor Cycle and hundi money were taken to Battalion Head Quarter. On 15.9.2003 at 11.00 hours and on search Tk.5,50,600/- in Bangladesh currency was recovered. Subsequently mobile number given by the accused, accused Muklesur......ed and handed over to the accused appellant Nos.1-3 from whom they were seized as per seizure list in accordance with law forth with. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 194. ......f the accused-appellants. 2. The prosecution case in short, is that J.C.O. 4527 Naik Subedar Md. Abdul Jabbar, 6 Rifle Battalion, Chapai Nababgonj Police Station, District Chapai Nababgonj on as informant 15.9.2003 lodged First Information Report with Chapai Nababganj Police Station implicating a......ed and handed over to the accused appellant Nos.1-3 from whom they were seized as per seizure list in accordance with law forth with. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 194. ..Category: Criminal Law | Date: 20 Jul, 2006 | Hits: 21
Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
.... 657. ......te a copy of the judgment and order at once to the concerned authority for information and necessary action in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ......ent No.4. Writ Petition No.804 of 2001. Judgment MM Hossain J.- This Rule was issued calling upon the respondent Nos. 1 and 3 to show cause as to why they should not be directed to perform their statutory duties and functions for realising the remaining fine amount of Taka 2,74,35,00......te a copy of the judgment and order at once to the concerned authority for information and necessary action in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ..Category: Criminal Law | Date: 25 May, 2006 | Hits: 43
Mostafa Kamal Vs. State, 2006, 35 CLC (HCD)
....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 (AD) 61; ......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. ......issued by the Board stand more positive, dependable and credible as proof of age of victim and it is preferred to doctor's and radiologist opinion. Opinion of minor is immaterial and is no factor for allowing the mother custody of her minor daughter..................................(17) Ask......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
....tion…………….(30)
Cases Referred to-
Shinepukur Holdings
Ltd. Vs. Security Exchange Commission, 50 DLR (HCD) 291 at page 294 para-11;
Cohen Vs. Kittell, (1889) 22 QBD 680; Chairman, Bangladesh Steel Mills Vs. Md.
Massood Reza, 30 DLR (SC) 169; Md. Shamsul Islam Khan Vs. The Secret......
In the result, the
Rule is discharged.
Communicate the
judgment and order immediately to the parties concerned.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 57.
......hts and liabilities of the parties. In the absence
of any relevant express terms their obligations must be regulated by rules of
law applicable to the relationship of principal and agent. In the performance
of his undertaking the agent must act in accordance with the authority which
has been giv......
In the result, the
Rule is discharged.
Communicate the
judgment and order immediately to the parties concerned.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 57.
..
Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6
Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)
.... Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 48 DLR (AD) 62; Managing Director, Rupali Bank Ltd. Vs. Chairman, 1st Labour Court & others, 46 DLR (HC) 143; Al-haj Abul Basher Vs. Bangladesh and others, 50 DLR (AD) 11; The Chairman, Bangladesh Textile Mills Corporation Vs. Nasir......periods will be treated as leave without wages. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ......1, 33 of 2001, 32 of 2001, 29 of 2001, 28 of 2001 and 31 of 2001 respectively and accordingly these matters are taken up together and are being disposed of by this single judgment. 2. In the aforesaid writ petitions, Rules were issued in identical terms calling upon the respondents to show......periods will be treated as leave without wages. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ..Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9
Bangladesh Legal Aid and Services Trust (BLAST) Vs. State and four others, 2006, 35 CLC (HCD)
....176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ......nt. In the result, the Rule is made absolute but without any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ......the law is always above them. 5. The privileges to the functionaries of the State are allowed not because they occupy such an exalted and high position in the State but only to enable them to perform their functions even better in the overall interest of the people of Bangladesh. 6. The me......nt. In the result, the Rule is made absolute but without any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ..Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
....…………….Respondents Judgment April 18, 2006. Result: The Rule is made absolute. Cases Referred to- Registrar, Supreme Court of Bangladesh Vs. Md. Sofiuddin and another, 6 BLC (AD) 141; Anwarul Huq Khan Vs. Government of Banglad......d to implement this order as per rules within 30 days from the date of receipt the copy of this judgment and report compliance. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 495. ......hy a declaration should not be made to the effect that the petitioner was and continue to be in service with all attended benefits of pay and others service benefits. 2. The short facts relevant for the purpose of the case are that the petitioner obtained the degree of M.S.C from Rajshahi Unive......d to implement this order as per rules within 30 days from the date of receipt the copy of this judgment and report compliance. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 495. ..Category: Employment/Service Law | Date: 18 Apr, 2006 | Hits: 2
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