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Mohan Meah Vs. Dhaka City Corporation Mayour, Dhaka, 2007, 36 CLC (HCD)
....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. ......ugh a fair procedure. In the instant case, a lottery was held by giving previous notice and in the said lottery the name of the petitioner appeared for the allotment of Shop No.D-53. Thus in our view, the petitioner is entitled to get shop No.D-53 as offered to him by the respondent No.1 and h..Category: Civil Law | Date: 29 Apr, 2007 | Hits: 2
Dominous Pizza and others Vs. Domino's Pizza Inc., 2007, 36 CLC (HCD)
.... 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. ......said are counterfeiting the name and the label and are passing off their goods as goods of the plaintiff'. In these circumstances, it seems to us that the present case does not come within the purview of section 73 of the Trade Marks Act, 1940 and consequently, the subordinate judge had ample ju..Category: Intellectual Property Law | Date: 26 Apr, 2007 | Hits: 91
Tabibullah and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....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. ......wal of their lease by the Government on payment of rent, such lessees cannot be held to be necessary parties in a suit in which the lesser Government is a defendant." 12. The crystallized Judicial views emerged from the above Judicial verdicts is that a lessee in possession under the lesser in a ..Category: Procedural Law | Date: 4 Apr, 2007 | Hits: 32
....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.
......ion No.5961 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:
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Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6
Most. Azmiri Begum and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....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. ......xtensive with that of the Revenue or Settlement Officer. But in a matter which has already been disposed of by the Revenue Officer, namely Settlement Officer or Assistant Settlement Officer, in our view, the Director of Land Records is incompetent and absolutely without power to lay his hands ove..Category: Property Law | Date: 7 Mar, 2007 | Hits: 10
Safazuddin and another Vs. State, 2007, 36 CLC (HCD)
....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. ......f commission of rape has been engrossed in section 2(uma) and definition of rape incorporated in section 375 of The Penal Code has been, also, made applicable to The Ain of 2000. 6. A bird's eye view eye on the law of corroboration in proof of rape charge can conveniently be given. 7. The ..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)
.... 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. ......ect of the any goods in class-25 and that the respondent, company have no trade relationship as regards the mark Cannon to be used for hosiery goods manufactured by the appellant in Bangladesh and in view of that there was no legal bar in giving registration to the appellant of the mark Cannon for h..Category: Intellectual Property Law | Date: 15 Feb, 2007 | Hits: 34
Md. Afazuddin Vs. Md. Ataur Rahman & another, 2007, 36 CLC (AD)
.....50,000/- (fifty thousand) as further soletium in favour of the appellant within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: ......s it appears that there was a rather latch on the part of the defendant No.1in the matter. 9. Considering the facts and circumstances of the case, and all aspect of the matter, we are of the view that the amount of soletium awarded by the High Court Division is not too inadequate. However, ..Category: Contract Law | Date: 7 Feb, 2007 | Hits: 272
Ful Miah & others Vs. State, 2007, 36 CLC (HCD)
....odification of sentence. The connected Rule is also discharged with the modification as above. Send down the lower Court records. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 322. ......against the accused persons, he is required to face cross-examination. If the defence has not been afforded an opportunity to cross-examine him, the evidentiary value of this witness will be zero. In view of the above we do not give any credence to the testimony of this witness. 7. P.W.6 is the i..Category: Criminal Law | Date: 25 Jan, 2007 | Hits: 26
Md. Kamruzzaman Babul and others Vs. State and another, 2006, 35 CLC (HCD)
.... 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. ......it relates to the petitioners amounts to an abuse of the process of the Court, which is liable to be quashed. 14. Having given our best consideration to the materials on record, we are of the view that there is no legal basis to justify the order of taking cognizance so far it relates to t..Category: Women and Children | Date: 19 Nov, 2006 | Hits: 11
State Vs. Md. Abdul Gofur, 2006, 35 CLC (HCD)
....general Cell of other under trial prisoners. Send down the L.C.Rs. along with a copy of the judgment to the Court below at Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 665. ......ot applicable in the present case because those decisions were given in general wife killing case under section 302 of the Penal Code and not under Nari-O-Shishu Nirjaton Damon Ain, 2000. 35. In view of the above submissions made by the learned Advocates, let us at first deal with the question ..Category: Criminal Law | Date: 19 Oct, 2006 | Hits: 6
State Vs. Shahid Javed Gaira @ Garib Miah and others, 2006, 35 CLC (HCD)
....mmissioner, Dhaka for taking necessary steps as directed in the body of this judgment. Send down the lower Court records at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 198. ......ther points out that the evidence of P.Ws.2 and 3, who observed the whole occurrence from the roof of house No.45 in Taherbag, is believable as they have stated that there was no obstruction to their view from that place to the place of occurrence. She submits that the question whether the informant..Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31
M. H. Monzur Vs. Md. Nuruzzaman and others, 2006, 35 CLC (HCD)
....ithin 6(six) months from the date of receipt of this order. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 220. ......ther submits that the proposed amendment of the plaint would not change the nature and character of the suit nor has it been allowed, by a non-speaking order and this amendment of plaint is sought in view of the subsequent events after the filing of the suit, on the allegation that after the institu..Category: Procedural Law | Date: 21 Aug, 2006 | Hits: 42
Md. Chand Miah and others Vs. Md. Ibrahim and others, 2006, 35 CLC (HCD)
....tands vacated. 24. Communicated the order at once with a copy of the Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 306. ......se of L.T.I. 17. In the case of Nurul Huq (Md.) @ MN Huq Vs. Nirmal Chandra Dutta and another reported in 56 DLR(AD)143 wherein it is held: "Code of Civil Procedure Section 107 In view of the contentious submissions of the parties, it was the duty of the Courts below to send the ..Category: Evidence Law | Date: 8 Aug, 2006 | Hits: 25
Mst. Kabita Khatun Vs. Md. Tarikul Islam (minor) and others, 2006, 35 CLC (HCD)
....er 7 rule 11 C.P.C. Since the trial court did not invoke the provision of Order 7 Rule 11 and considered the merit of the case we are not giving much importance to the submission. The appellate court erroneously held that plaintiff No.1 was a minor ignoring the evidence on record of P.Ws.1 and 3, wh......ssed by the trial court. 16. It is pertinent to mention here that the case of the plaintiff is that the signature of the plaintiff No.1 was forcibly taken on the exhibit-1. It is preposterous in view of the fact that the signatures of witness on exhibit-1 are of no other persons but who are the..Category: Women and Children | Date: 7 Aug, 2006 | Hits: 127
R.K. Jute Mills Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
..... 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. ......ner filed a revision before the respondent No.2 and that revisional application was also rejected by the respondent No.2 through order dated 21.11.1991. Thereafter, the petitioner filed a review petition before the National Board of Revenue, but that review was not entertained as ther..Category: Business or Commercial Law | Date: 3 Aug, 2006 | Hits: 5
Md. Durul Islam Vs. State, 2006, 35 CLC (HCD)
....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. ......motive. 7. If the entire allegation in the First Information Report that the accused appellant No.1 had been carrying 13 angled is he hundi money from Godagari area to Sonamashjid land port with a view to smuggling them into India and alleged recovery of Bangladeshi taka from the accused persons ..Category: Criminal Law | Date: 20 Jul, 2006 | Hits: 21
Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)
....umstances of the case and law bearing to it in passing his judgment and order dated 29.09.1988. His judgment is not well reasoned which suffers, from legal infirmity. The learned District Judge on an erroneous view of the fact and law allowed the petition and thus his judgment and order is not justi......r is a service holder and as such it is not possible for him to manage the property as contained in the will and furthermore, Shishubala Roy resides upon the land as contained in the will and in this view of the matter, the petitioner gave a general power of attorney in favour of Shishubala Roy vide..Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15
Nirmalandu Nath Majumder Vs. State, 2006, 35 CLC (HCD)
.... trial court and the appellate court record and the judgments. It is found that the foundation of trial court's decision is based on defence witness. The trial court in fact decreed the suit erroneously shifting the burden of proof upon the defendants. He has failed to appreciate the legal ......is the plaintiff who is to prove his own case and must not depend on defence witness. The appellate court has correctly decided the plaintiff must prove his own case independently. 10. This view mine is also supported by the decision in the case of Golzar Ali Pramanik Vs. Musammat Saburjan..Category: Procedural Law | Date: 2 Jul, 2006 | Hits: 3
Syed Jasimuddin and others Vs. Moulana Abu Musa Siddique & others, 2006, 35 CLC (HCD)
....d in the body of this judgment. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 518. ......ether the impugned judgment and decree passed by the SCC Judge are according to law? 8. At the outset, Mr. MA Jalil, the learned Advocate appearing for the defendant-petitioners, submits that in view of the evidence and materials on record, the bonafide requirement of the suit shop house by the..Category: Civil Law | Date: 2 Jul, 2006 | Hits: 4
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