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Mahmuda Begum and others Vs. Chairman, First Court of Settlement and others, 2005, 34 CLC (HCD)

....s of contract. In spite of the service of summons upon the defendants of that suit, they did not enter appearance therein and eventually the said suit being ready for hearing otherwise was decreed ex parte on 30-6-1983. Thereafter Title Execution Case No.39 of 1983 was filed and Md. Atiqullah obtain......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. ..

Category: Property Law | Date: 25 May, 2005 | Hits: 33

Abdul Momen Chowdhury and others Vs. Bangladesh and others, 2005, 34 CLC (HCD)

..... Abdul Matin J. - This rule was issued calling upon the respondent Nos.1 Bangladesh and (2) Bangladesh Election Commission to show cause as to why they should not be directed to secure to the voters particulars from the candi­dates for the election to the Parliament (House of the nation) in the......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.     ......ually 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, Jointly or by ..

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)

....the unrivalled quality of their products over the past several decades, adopted a trade mark consisting of the words "Red Cow" together with the device of a cow represented in a special and particular manner in tin containers and in a colour combination quite distinctive in its presentatio......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. ......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

Sec. Min. of Works and Urban Dev., Govt. of BD & ors Vs. Rowshan Ara Begum & anr, 2005, 34 CLC (AD)

.... The Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (LIV of 1985) Sections 5(2) & 7   Section 5 (2) of the Ordinance attaches statutory presumption that a particular building listed in the list of abandoned buildings and published in the official Gazett......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.  ......09;10‑1979 transferred the property by a registered deed to the respondent No. 1, that the respondent No. 1obtained permission from the DIT (now RAJUK) for making construction and also obtained loan from the House Building Finance Corporation, that the respondent No. 1 is in possession of the ..

Category: Property Law | Date: 15 May, 2005 | Hits: 120

Jamuna Builders Ltd. and another Vs. Rajdhani Unnayan Kartripakkha and another, 2005, 34 CLC (HCD)

....19‑1‑02. The petitioner also obtained permission for heavy electricity of 1000 KV power from the Government of Bangladesh. Rajuk has given approval or sanction of plan for other complexes in many parts of Dhaka City including Basundhara City and Karnaphuly Garden City which are in the heart of D......or the filling up of the tank as may be directed by the Authorised Officer or the Committee within the time specified by that Officer or the Committee and (iii) obtains the necessary sanction on payment of a fee which shall be ten times the amount of the fee prescribed. Sub‑section 6 of ...... 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)

....he Ain. Application of coercive method in the removal of a woman or child or exercise of inducement and deceitful means upon a woman or child whereby he or she is compelled to live as a device on the part of the alleged abductor is to be established to constitute an offence under this section. 16......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...

Category: Women and Children | Date: 9 May, 2005 | Hits: 84

Md. Abdul Halim Miah and others Vs. Bangladesh and Other, 2005, 34 CLC (AD)

.... the PSC. This period was extended from time to time. The PSC pub­lished an advertisement on 30.3.1978 and in that advertisement it was mentioned that the Assistant Engineers of Road and High Ways Department who were appointed on ad hoc basis might apply for regularization of their service. The wri......received our due notice in the judgment sought to be reviewed." These petitions are, accordingly, dis­missed. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 10, 12 MLR (AD) 2007, 209 ......received our due notice in the judgment sought to be reviewed." These petitions are, accordingly, dis­missed. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 10, 12 MLR (AD) 2007, 209 ..

Category: Employment/Service Law | Date: 9 May, 2005 | Hits: 119

Bangladesh rep. by the Ministry of Works & ors Vs. Nasima Khatoon and others, 2005, 34 CLC (AD)

....h view of the matter, we are of the view that the judgment passed by the High Court Division resulting in releasing of the property from the list of abandoned property should be maintained. Before we part with it may be mentioned that in case of non-consideration of materials by the trial Court norm......ttorney-­ General 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 ge......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. ..

Category: Property Law | Date: 4 May, 2005 | Hits: 115

Md. Farid Uddin Ahmed Vs. Atahar Uddin and another, 2005, 34 CLC (HCD)

....under the "Morbaha" system against eighteen business concerns whose security guarantee stood for TK. 1,98,36,534/- but the accused only collected TK. 1,37,20,921/-, which was the misconduct on the part of the accused. It was further alleged that the accused disbursed and invested in their sweet ......ce is that they invested under the Morbaha system at the prior approval and knowledge of the higher authority of Islami Bank Bangladesh Limited and the business concerns who were under the deferred payment category took delivery of the goods from the bank's godown by furnishing undertaking and ba...... Send 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: 13 MLR (HCD) (2008) 186.  ..

Category: Criminal Law | Date: 2 May, 2005 | Hits: 2

Md. Abdur Rahman Faroque Vs. Md. Shamsul Hoque and another , 2005, 34 CLC (AD)

....¦â€¦..Respondent Judgment May 2, 2005. Result: The appeal is dismissed. The Small Cause Courts Act, 1887 (IX of 1887) Proviso to Section 17(1) Whether for setting aside of an ex parte decree for ejectment of a monthly tenant passed in a small cause suit furnishing security for ......Basu who sold the suit premises on June 1, 1995 to plaintiff's father who made a gift of the suit premises to the plaintiff, that the defendant No.1  paid rent upto March 1985 and thereafter stopped payment of rent. The plaintiff terminated the tenancy by serving notice under section 106 of the Tra......he background of the discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 181. ..

Category: Civil Law | Date: 2 May, 2005 | Hits: 119

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

....ul Islam, as informant, lodged a first information report with the Tangail Poli Station dated 25‑2‑2004 alleging, inter alia, that he along with his nephew Shibli Sadik had been doing business in partnership establishing Seba Clinic on eastern side of the old bus stand; that for the last few day...... 20. P.W.4 Shibli Sadik is the victim of this case who deposed that the occurrence took place on 24­-2‑2004 at about 7‑45 AM. He further deposed that when he was returning home giving the payment of the labourers then the accused persons attacked him from the back side and injured him se......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)

....etter appreciation let us consider the evidence of the witnesses. 12. In her examination-in-chief informant victim P.W.1 narrated the first information report case of the prosecution in material particulars. So we need not repeat the same here. In her examination in chief she further stated tha......a under section 9(1) of the Nari‑o‑Shishu Nirjatan Daman Ain, 2000 (in short, Ain, 2000) and sentencing him thereunder to rigorous imprisonment for life and to a fine of Taka 50,000 in default of payment of fine to rigorous imprisonment for further one year. 2. It was further ordered for pa......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)

....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. ......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. ......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)

....ys 489 calls were made in 133 countries of which 119 calls were made to a single day, that is, on 28-­1‑2001 and in 8 days 805 calls were made in 159 countries of which 151 calls were made in a particular day, that is, on 17‑2‑2001. A further perusal of the bills reveals that 342 overseas ......utes enquiry about the genuineness of any bill sent to any subscriber. After final calculation, a consolidated bill for a 4,28,310 was sent to the petitioner on 1‑7‑2001. The consequence of non‑payment of arrear bills was also conveyed to the petitioner. Telephone locking facilities are given ......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)

....pellants as aforesaid. 6. Let us now discuss the evidence on record in minute details. 7. P.W.1 Md. Mosharaf Hossain who is the informant has stated in his deposition that the police patrol party including himself on the basis of information that some terrorist have taken shelter in the ho......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.       ......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)

....dgment dated 25.04.2004 passed in Civil Appeal No. 49 of 2003 dismissing the same. 2. Short facts are that the writ petitioners filed writ petition No. 488 of 1994 stating, inter alia, that after partition of India some members of Ansari family, namely, Bashir Ahmed Ansari, Mokter Ahmed Ansari a......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. ......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

Ismail Hussain Posshari & anr Vs. District Land Acquisition Officer, Bogra & ors., 2006, 35 CLC (AD)

....making the Rule absolute upon setting aside the judgment and order dated June 23, 1999 of the 3rd Court of Additional District Judge, Bogra in Miscellaneous Appeal No. 74 of 1998 allowing the same in part upon reversing the judgment and order dated October 25, 1998 of the 1st Court of Subordinate Ju......nally the award was made and that after service of notice of the award under section 7(3) of the Ordinance petitioners filed two applications, one on March 30, 1994 and the other on April 5, 1994 for payment of compensation to them, that after obtaining decree in other class suit No. 65 of 1995 the ......eing barred by limitation. In view of the opinion expressed hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ..

Category: Property Law | Date: 28 Mar, 2005 | Hits: 64

State Vs. Md. Nasim and others, 2005, 34 CLC (AD)

....e of Criminal Procedure for quashing the proceeding against them. The aforesaid Criminal Miscellaneous Cases were thus started in the High Court Division. The High Court Division after hearing the parties made the Rules absolute and quashed the proceeding of aforesaid Ramna Police Station Case No......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. ......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

Bangladesh rep. by Sec., Ministry of Works Vs. Mojibur Rahman and others, 2005, 34 CLC (AD)

.... was the owner of the suit property by virtue of permanent lease granted by the government on 10-9-1969 that he entered into a contract on 10-9-1969. In terms of the agreement the plaintiff will set apart Taka 16,000 for repayment of loan taken from the House Building Finance Corporation and pay Tak......uit property by virtue of permanent lease granted by the government on 10-9-1969 that he entered into a contract on 10-9-1969. In terms of the agreement the plaintiff will set apart Taka 16,000 for repayment of loan taken from the House Building Finance Corporation and pay Taka 59,000 i.e. the remai......y by virtue of permanent lease granted by the government on 10-9-1969 that he entered into a contract on 10-9-1969. In terms of the agreement the plaintiff will set apart Taka 16,000 for repayment of loan taken from the House Building Finance Corporation and pay Taka 59,000 i.e. the remaining amount..

Category: Property Law | Date: 27 Mar, 2005 | Hits: 101

Saber Hossain Chowdhury Vs. Bangladesh Election Commission and others, 2005, 34 CLC (AD)

....ability of the election petition and to decide whether the petition was liable to be dismissed under Article 58 of the Order. The said preliminary issue was taken up for hearing and after hearing the parties a Single Judge of the High Court Division by the impugned decision dismissed the election pe......ned by the appellant himself. The High Court Division after considering various rules and the aforesaid notification of the Bangladesh Supreme Court held: "After perusing the slip of payment of cost it cannot be said that the petitioner himself deposited the cost. There is no ambigu......ence. As such this appeal must succeed. In the result, the appeal is allowed without any order as to costs. The findings and decisions of the learned Single Judge are set aside. Ed. ..

Category: Election Law | Date: 22 Mar, 2005 | Hits: 123