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Md. Azizur Rahman Vs. Mosammat Nazmun Nahar, 2005, 34 CLC (HCD)
....ilure she was driven out from the house of the defendant under the influence of his parents. The father of the plaintiff took her back again to the house of her husband on 7.11.98 along with other persons and approached them to keep her in their house but the defendant under the direction of his par......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. ......d 7 witnesses while the defendant examined 3 witnesses and both the parties produced some documents marked Exts. 1(a)-1(3) and Ka and Kha to prove their respective case. On recording the evidence the trial Court dismissed the suit on consideration of the same both oral and documentary. 6. Being......lip;………Opposite party Judgment July 26, 2005. Result: The Rule is discharged. The Evidence Act, 1872 (Act No. I of 1872), section 35 The voter list and the Nikahnama being public documents the entries made therein have the presumption of correctnes..Category: Evidence Law | Date: 26 Jul, 2005 | Hits: 169
Shafiuddin Vs. Samir Bhuiyan and others, 2005, 34 CLC (HCD)
....classified as a defaulter and, the balance of outstanding debt on account of CC (pledge) loan stood at Taka 1,00,22,180.16 and CC (hypothecation) loan at Taka 77,67,626.16. 5. On 5‑6‑03 he also sent legal notice to the Deputy Commissioner and Additional Deputy Commissioner, Narsingdi, retur......an like two other directors who held shares to the extent of one-third of the shares of the company. It is also not denied that the loan was not classified under the Act nor any of the guarantors was called upon by the bank to repay the loan. 49. In such circumstances, invoking the definition o......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. ......;……………………………………………………Petitioner Vs. Samir Bhuiyan and others……………………………&h..Category: Civil Law, Election Law | Date: 13 Jul, 2005 | Hits: 7
Ashraful Alam (Md.) Vs. State, 2005, 34 CLC (HCD)
..................................Petitioner Vs. State.......................................................Opposite Party Judgment July 4, 2005. Result: The Rule is made absolute. Cases Referred to- Shyam Sunder Vs. State of Chhatisgors, 202 CrLJ 4315 (SC); Stat......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. ......ra Dora, the learned Assistant Attorney-General for the State, submits that since the Kabinnama has not been proved and has not been taken into evidence so the case is to be sent back on remand for retrial in order to ascertain whether the second marriage has been executed and registered by virtue o...... 4, 2005. Result: The Rule is made absolute. Cases Referred to- Shyam Sunder Vs. State of Chhatisgors, 202 CrLJ 4315 (SC); State Vs. Punati Ramulu, AIR 1993 SC 2644; Khodeja Begum and others Vs. Md. Sadeq Sarker, 50 DLR 181; Amina Bibi alias Amena Bibi and another Vs. State, 1984..Category: Family Law | Date: 4 Jul, 2005 | Hits: 2
Saeeda Yasmin and others Vs. Capital Service Center Ltd and others, 2005, 34 CLC (AD)
....l Court allowing the prayer for amendment. Accordingly the petition is dismissed. Ed. ......quite correctly found that the proposed amendment would not change the nature and character of the suit and that on consideration of the materials on record we are also of the view no interference is called for with the order of the learned Joint District Judge allowing the prayer for amendment of t...... interference is called for with the order of the learned Joint District Judge allowing the prayer for amendment of the plaint. It has been contended on behalf of the petitioner that the order of the trial Court allowing the prayer for amendment of the plaint is cryptic and that lacks reasoning and,...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tofazzul Islam J Saeeda Yasmin and others..............................Petitioners Vs. Capital Service Center Ltd and othe..Category: Procedural Law | Date: 29 Jun, 2005 | Hits: 98
Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)
....ented by its Vice Chancellor and others……………………………………………………………Opposite Parties Judgment June 25, 2005. Result: The Rule is made absolute. The question of maintainability of the suit should be decreed in the main suit......etitioner. A. F. Hassan Ariff, with M. A. Sobhan, Advocates- For the Opposite Party Nos.1-5. Civil Revision No.5 of 2005. Judgment Md. Abdul Aziz J.-Opposite party Nos.1-5 were called upon to show cause as to why the impugned judgment and order dated 14.7.04 passed by the lea......ment June 25, 2005. Result: The Rule is made absolute. The question of maintainability of the suit should be decreed in the main suit on merit after taking evidence on trial and not in the interlocutory matter.………………………..(18) Humanitarian consi......l Aziz J Md. Abu Aslam Advocate, Member, Rajshahi District Bar Accociation………………Petitioner Vs. Rajshahi University, Rajshahi being represented by its Vice Chancellor and others……………………………………………………………Opposite Parties ..Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7
Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)
....rs and they ultimately, got married on 3-8-1986 and thereafter swore an affidavit before a notary public confirming the marriage held at Dhakeswari Mandir on observance of religious ceremony. It is also alleged that the marriage was consummated and the plaintiff and the defendant, who used to live s......da Chandra Tagore, Advocate—For the Opposite Party. Civil Revision No. 4785 of 2000 with Civil Revision No. 1058 of 2001. Judgment Bijan Kumar Das J.- By these Rules the opposite party was called upon to show cause as to why the impugned judgment and decree dated 12-6-2000 passed by the D...... decree set aside by filing an application under Order IX, rule 13 of the Code of Civil Procedure. After the restoration of the suit the defendant did not appear to contest the suit and this time the trial Court dismissed the suit on the sole ground that the plaintiff could not produce any paper in ......………..……………….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 Ho..Category: Family Law | Date: 25 Jun, 2005 | Hits: 237
Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)
.... and others................Petitioners Vs. Deputy Commissioner & ors.............................Opposite Parties Judgment June 19, 2005. Result: The Rule is made absolute. State Acquisition and Tenancy Act (XXVIII of 1951); Section 85 Code of Civil Proce...... any order as to cost. Me judgments and decrees of both the Courts below are hereby set aside and decreed the suit accordingly. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 598. ...... land and their kabalas being collusive, invalid and without valuable consideration, they are not entitled to get relief in the suit which is liable to be dismissed with cost. 4. During the trial the learned Assistant Judge of the trial Court dismissed the suit by judgment and decree dated......ase is also Reported in: 57 DLR (HCD) (2005) 598. ..Category: Property Law | Date: 19 Jun, 2005 | Hits: 3
Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)
....shy;For State-Respondent. Criminal Appeal No.3850 of 2003. Judgment AK Badrul Huq J.- Seldom Court has come across such a weird scenario as the present ease has bestowed in a murder episode of a lady-two diametrically divergent versions, one set on roll by husband of deceased lady on ......vil influence of P.W.1 HR Khan who assured co-convict Md. Belal of saving him from legal punishment in the event of his connecting convict-appellant in the murderous assault upon deceased Nilufar. So-called Second Judicial confessional statement could not be and cannot be used at all against convict......tion HR Khan, also, raised accusing fingers towards his own daughter Soheli Hoque alias Khuku. Protest petition (Narajee petition) faced a legal death. 11. Mahbubuddin along with Md. Belal faced trial before Metropolitan Additional Sessions Judge, Second Court, Dhaka in Sessions Case No.3349 of......te, Criminal Appeal No. 19 of 1975; Commonwealth Vs. Chin Kee, 186 NE 253, 260, 283 Mass 248; Emdadul Hoque Vs. State, 57 DLR 21; Ghulam Kadir Vs. Crown, PLD 1950 Bagdad‑ul Jabid 51; Md. Shafi and others Vs. State, Criminal Appeal No.40 of 1966, Md. Sadik Vs. State, PSLA No.157 of 1966, 19 DL..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
Hamida Begum Vs. Mosharef Hossein Sikder and others, 2005, 34 CLC (HCD)
....Husain J Mamnoon Rahman J Hamida Begum Wife of Akbar Ali………………………………………………………………………Petitioner Vs. Mosharef Hossein Sikder son of Late Abdul Mannan Sikder and others………………State Judgment June 15, 200......e disposed of within 3 months from the date of receipt of this order. 8. Send down the lower court records at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 94. ......ase was under jurisdiction of Bakerganj Police Station within the District Barisal, the District Magistrate, Barisal than transferred the case to the court of Magistrate, Second Class, Barisal for trial. During the trial the prosecution examined 6 witnesses and they were cross examined by the de...... Hamida Begum Wife of Akbar Ali………………………………………………………………………Petitioner Vs. Mosharef Hossein Sikder son of Late Abdul Mannan Sikder and others………………State Judgment June 15, 2005. Result: Rule is abso..Category: Criminal Law | Date: 15 Jun, 2005 | Hits: 2
Emarat Ali Vs. State, 2005, 34 CLC (HCD)
...............Opposite Party Judgment June 14, 2005. Result: The Rule is made absolute. Under section 5 of the Limitation Act, the petitioner is entitled to condonation of del......ppeal and dispose of the case preferably within 2(two) months from the date of receipt of the record. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 620. ......istrate passed the judgment on 26‑11‑1998 and the appeal was filed on 6‑9‑2001 after 1010 days of passing of the judgment of the learned Magistrate; that the accused person was present during trial taking bail from the Court, he absconded himself from 13‑8-1995 and that the accused pe......on Act, feels satisfied upon the facts of the case under consideration that the explanation given for the delay is sufficient, the discretion under section 5 of the Limitation Act should be exercised and the court should take a liberal view in considering the sufficient cause shown by the applicant...Category: Criminal Law, Limitation Law | Date: 14 Jun, 2005 | Hits: 1
Khaled Ahmed Chowdhury Vs. State, 2005, 34 CLC (HCD)
.... he was a captain of DGFI and asked the informant to place the records of the case before him and thereafter he went away seeing the records. In the meantime, the informant came to know from reliable source that there was no such captain in DGFI. The accused-petitioner again came to the house of the......ind no merit in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 57 DLR (2005) 694. ...... something beyond control of the party. It must be determined by a reference to the circumstance of each particular case. 18. In the instant case, accused-petitioner was all along present in the trial Court as well as in the appellate Court. From the facts of the case, it appears that the judgm......ellip;……………………Opposite Party Judgment June 13, 2005. Result: The Rule is discharged. Cases Referred to- Md. Saleh and another Vs. Messrs United Grain & Fodder Agencies, 16 DLR (SC) 155; Nadira Rahman Vs. Syed A..Category: Limitation Law | Date: 13 Jun, 2005 | Hits: 2
Mahmuda Begum and others Vs. Chairman, First Court of Settlement and others, 2005, 34 CLC (HCD)
....………………………Petitioners Vs. Chairman, First Court of Settlement and others…………………………Respondents Judgment May 25, 2005. Result: The Rule is made absolute. Cases Referred to- Secretary, Ministry of Works and others Vs. Kazi Ashrafuddin Ahmed,......is perspective, our attention has been drawn to Annexure-H and H(1) annexed to the supplementary affidavit dated 9-1-2005. From a bare reading of those two Annexures, it seems that the Government called upon the 'occupants' or 'residents' of the case property to make over possession of the same ......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. ......so 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)
.... Ramjoy Mohajan Lane, Khatungonj, Chittagong and another…………………Opposite Parties Judgment May 21, 2008. Result: The Rule is made absolute Cases Referred to- "Daiquiri Rum" Trade Mark case, 1969 R.P.C. Vol. 20, 6...... the impugned registration that is in law now liable to be expunged. 9. Heard the learned Advocates, perused the Application and the various Affidavit on behalf of the parties and the records as called for from the Office of the Registrar. 10. At the very outset of considering this case, t......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. ...... Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ..Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187
Muzaffar Hossain Sarker (Md.) Muzaffar Hossain Sarker (Md.) Vs. State, 2002, 31 CLC (HCD)
....e (District and Sessions Judge), Comilla in Special Case No.118 of 2001 convicting the accused appellant under section 471 of the Penal Code and sentencing him thereunder to suffer rigorous imprisonment for 1 (one) year and to pay a fine of Taka 1000 in default to suffer rigorous imprisonment f......hs more. 9. Being aggrieved by the impugned judgment and order passed by the teamed Special Judge on 2‑11‑2002 the convict person preferred this appeal before this court. 10. Now we are called upon to consider whether the judgment and order of conviction and sentence dated 2‑11‑200......sions advanced by the learned Advocate of the contending parties. 11. Mr. Nazrul Islam, the learned Advocate the appellant, has placed before me the fir information report, charges framed during trial, the evidence of witnesses as well as the impugn judgment and order. He further submits that t......dgment Siddiqur Rahman Miah J.- This criminal Appeal under section 410 of the Code of Criminal Procedure at the instance of the appellant Muzaffar Hossain Sarker is directed against the judgment and order dated 2‑11‑2002 passed by the learned Special Judge (District and Sessions Judge), Com..Category: Criminal Law | Date: 16 May, 2005 | Hits: 3
Sheikh Abdul Quddus Vs. Akram Sheikh @ Akram and others, 2005, 34 CLC (HCD)
.................................Petitioner Vs. Akram Sheikh @ Akram and others............................Opposite Parties Judgment May 16, 2005. Result: The Rule is made absolute. When accused persons are "daredevils of the locality" The legal position......d by and dissatisfied with the judgment and order of the appellate Court the informant as petitioner preferred this revisional application before this court and obtained the Rule. 11. Now we are called upon to consider whether the learned Additional Sessions Judge, Kushtia is justified in passi...... been falsely implicated in this case out of grudge and the victim received injuries falling down from his verandah to courtyard when he went to stop quarrel between his son and his wife. 8. The trial Court on consideration of the facts and circumstances of the case and evidence on record convi...... (Criminal Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Sheikh Abdul Quddus................................................Petitioner Vs. Akram Sheikh @ Akram and others............................Opposite Parties Judgment May 16, 2005. Result:..Category: Evidence Law | Date: 16 May, 2005 | Hits: 4
State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)
....1997 and Criminal Miscellaneous Case Nos. 771 and 981 of 1998 quashing the proceedings in G.R. case No. 247 of 1997 arising out of Satkhira P.S. Case No. 18 dated 19.6.1996 pending in the Court of seasons Judge, Satkhira giving rise to Sessions Case No. 57 of 1997 discharging the accused-respon...... 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. ......ptable exercise in treating the G.D. Entry, the F.I.R., the statements recorded under section 161 Cr.P.C., and the alibi of some accused-respondents as if those are admissible evidence in a trial and like a trial Court, the High Court Division has given a judgment of acquittal on the basis......n all appeals)……………………….Appellant Vs. Md. Mominullah (Median) (In Criminal Appeal No. 3 of 1999) Eskan @ Sheikh Eskander Mirza (In Criminal Appeal No. 4 of 1999) Md. Abdul Kalam @ Kalam (In Criminal Appeal N..Category: Criminal Law | Date: 16 May, 2005 | Hits: 105
Debobrota Baiddya @ Debu Vs. State, 2005, 34 CLC (HCD)
....al of the appeal are that on 3-11-2002, one Chitta Ranjan Roy Karmaker as informant lodged a First Information Report with Gopalganj Police Station implicating the accused appellant alleging that his son Chinmoy Roy Karmaker, aged about 14 years, was a student of Class IX of local SM Model Governmen......bout 14 years, was a student of Class IX of local SM Model Government High School Science Section. On 1- 6-2002 at 7-15 hours in the morning accused appellant on the pretext of going to private tutor called and took away his son Chinmoy from his rented residence of 243, Udayan Road, Battala, PS and ......re, the accused was aged below sixteen years and was liable to be tried before the Juvenile Court. 5. The case record was transmitted to Nari-o-Shishu Nirjatan Daman Tribunal Court, Gopalganj for trial. The tribunal by its order dated 9-9-2003 framed charge against the accused appellant under se...... years, was a student of Class IX of local SM Model Government High School Science Section. On 1- 6-2002 at 7-15 hours in the morning accused appellant on the pretext of going to private tutor called and took away his son Chinmoy from his rented residence of 243, Udayan Road, Battala, PS and Distric..Category: Women and Children | Date: 9 May, 2005 | Hits: 84
Afzalul Haque (Md.) and others Vs. Md. Abdur Razzaque, 2005, 34 CLC (HCD)
.... Vs. Md. Abdur Razzaque………………………..............Opposite Party Judgment May 4, 2005. Result: The Rule is made absolute. Under section 115(1) of the Code of Civil Procedure, the High Court Division, in exerci......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. ......n No.2164 of 1990 and he did not violate any term and condition of the lease agreement and is fusfering huge financial loss, as the plaintiffs did not make any renovation of the premises. 5. The trial Court dismissed the suit and being aggrieved thereby the plaintiffs as petitioners filed ......Case is also Reported in: 13 BLC (HCD) (2008) 185. ..Category: Tenancy Law | Date: 4 May, 2005 | Hits: 25
Bangladesh rep. by the Ministry of Works & ors Vs. Nasima Khatoon and others, 2005, 34 CLC (AD)
....nst the judgment and order dated 23-2-1993 passed by the High Court Division in Writ petition No. 1887 of 1989. 2. The facts, in short, are that the respondent Nos. 1 to 3, daughters and son of late Md Akhtar and late Most Badrunnessa, filed Settlement Case No. 450 of 1987 challenging t......the Court of Settlement did not consider at all any documents including the said letter of acknowledgement of payment of lease money. 8. We have considered the submissions made at the Bar. We called for the original records of the Court of Settlement for our perusal. It appears that except m......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 normally the superior Courts send the case on remand but in the instant case the facts r...... MA Aziz J Amirul Kabir Chowdhury J Bangladesh represented by the Ministry of Works & ors …...... Appellants Vs. Nasima Khatoon and others...................Respondents Judgment May 4, 2005. ..Category: Property Law | Date: 4 May, 2005 | Hits: 115
M Moinul Khan Vs. State, 2005, 34 CLC (HCD)
....c as dowry and threatened to call off the marriage if they failed to give the amount, The complainant's father was compelled to pay an amount of Taka one lac thirty thousand by cheque. The accused persons continued to pressurize the complainant's sister for the balance, which she could not pay. Few ......ection (1 Kha) of section 27 of the aforesaid Ain, 2000. Communicate a copy of the judgment and the order expeditiously to the Court below. Ed. This Case is also Reported in: 58 DLR (2006) 253. ......) of section 19 of the said Ain provides that all offences committed under this Ain are cognisable offences. There are special provisions for granting bail. Section 20 contains detailed procedure for trial of the case, Sub-section (1) of section 20 provides for trial in camera on the prayer of any o......ari-o-Shishu Nirjatan Daman Tribunal, Sylhet stating, inter alia, that his sister Mst Parul Khanum, student of Sylhet Government College, was married to accused No. 1 Syed Ahmed (Shipu) on 28-1-2000 and the dower was fixed at Taka 5 lac. Before the marriage accused No.1 and others demanded Taka 5 l..Category: Women and Children | Date: 3 May, 2005 | Hits: 98
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