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Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)

....Case is also Reported in: 26 BLD (HCD) (2007) 473. ...... perfunctorily or that he submitted a report on suppression of the real incident by omitting the names of the real offenders. He however admitted that he visited the place of occurrence for the first time 18th August, 2001 although the alleged incident took place on 8 August, 2001. This statement sp......ed incident took place on 8 August, 2001. This statement speaks volume as to his sincerity to unfold the real offenders or accomplices. He visited the place of occurrence after 10 days of the alleged recovery, although the law re­quires that the witnesses should be examined and their statements,......ections 19A and 19(1) of the Arms Act. In that case, the two attesting seizure list witnesses proved their signatures in the seizure list, but they did not support the prosecution story of seizure of arms in their presence. It has been observed that the provisions relating to search and sei­zure..

Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10

Hazi Afsar Uddin Mina and others Vs. Alhaj Sk. Sultan Ali and others, 2006, 35 CLC (HCD)

....egum @ Rani and others…………………………………Defendant-Opposite-Parties Judgment April 18, 2006. Result: The Rule is made absolute. Case Referred to- Breeh Vs. Amalgated Engineering Union, (1971) 1 All ER 1148. Lawyers Involved: S.M. Zahidur Rahman - For Peti......ted before High Court Division on 7.12.1988. Rule had been issued on 14.12.1988 Rule was made ready for hearing on 24.1.1989. The present is thus, having attained the age of twenty (20) years by this time is one of harrowing tales of Law's Delays causing frustration in the mind of a suitor who rushe...... report compliance of the order of this Court to Registrar of Supreme Court of Bangladesh immediately after the disposal of the Suit. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 303. ......twenty (20) years by this time is one of harrowing tales of Law's Delays causing frustration in the mind of a suitor who rushed to Court of law in an interlocutory matter seeking protection under the arms of law. The Justice claimed by the suitor could not be achieved within a period of two decades ..

Category: Procedural Law | Date: 18 Apr, 2006 | Hits: 29

Delwar Hossain Vs. State and others, 2006, 35 CLC (HCD)

....freely and fairly in accordance with law upon materials on record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 258. ......01.08.2005 by registered nikah nama and according to her date of birth victim Mahabuba Delwar attained the age of 14 years 7 months on the date of alleged marriage and evidently she was minor at that time. Learned advocate for the accused respondents Nos. 2-4 submits that the victim Mahbuba Delwar w......nd as bar in the way of learned Court below to take decision freely and fairly in accordance with law upon materials on record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 258. ......nd as bar in the way of learned Court below to take decision freely and fairly in accordance with law upon materials on record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 258. ..

Category: Women and Children | Date: 17 Apr, 2006 | Hits: 24

Ershadul Vs. State, 2006, 35 CLC (HCD)

....ong with a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 490. ......ith any other case. Send down the lower courts records along with a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 490. ......It appears that while depos­ing before the court the F.I.R. named witnesses made a departure from the F.I.R. story and there are discrepancies amongst the evidence of witnesses as to the place of recovery and seizure. It appears that the prosecution could not prove the allegation under section 2......ith any other case. Send down the lower courts records along with a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 490. ..

Category: Criminal Law | Date: 6 Apr, 2006 | Hits: 5

Government of Bangladesh Vs. Kalimuddin Pramanic and others, 2006, 35 CLC (HCD)

....erred to- Jafar Ali Vs. Khagendra Chandra Dutta and others, 1983 BLD 32; Abdul Majid and others Vs. The Province of East Pakistan and others, (1971) 23 DLR 203. Lawyers Involved: Rubaiyat Hossain, Assistant Attorney-General-For the Petitioner. No one appears- For the Opposite Par...... serving any notice upon the plaintiff, a date for hearing of the Miscellaneous Case was fixed for 29.10.1975. As soon as the plaintiff came to know of the date, he went to the office and applied for time and as a result, the date was fixed for hearing on 15.11.1975. Soon afterwards, defendant No.2 ......t plot Nos.794 and 2546/2583 to anybody. No order as to costs. Send down the L.C. record with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 131. ......t plot Nos.794 and 2546/2583 to anybody. No order as to costs. Send down the L.C. record with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 131. ..

Category: Property Law, Tenancy Law | Date: 28 Mar, 2006 | Hits: 4

Md. Delwar Hossain Vs. State represented the DC, Narayanganj & another, 2006, 35 CLC (AD)

....t reason to interfere with the same. Accordingly, the petition is dis­missed. Ed This Case is also Reported in: IV ADC (2007) 788, 26 BLD (AD) 109. ......, the petitioner did not try to prove such contention. 6. The High Court Division further held that the petitioner is not an aggrieved person for not concluding the trial with­in the specified time to invoke jurisdic­tion of the High Court Division under Article 102 of the constitution to st......sion. We do not find any cogent reason to interfere with the same. Accordingly, the petition is dis­missed. Ed This Case is also Reported in: IV ADC (2007) 788, 26 BLD (AD) 109. ......sion. We do not find any cogent reason to interfere with the same. Accordingly, the petition is dis­missed. Ed This Case is also Reported in: IV ADC (2007) 788, 26 BLD (AD) 109. ..

Category: Women and Children | Date: 9 Mar, 2006 | Hits: 127

Rafiqul Islam (Md.) Vs. State, 2006, 35 CLC (HCD)

.... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Sheikh Rezowan Ali J Md. Abu Tariq J Rafiqul Islam (Md.) ………………………. Accused-Petitioner Vs. State …………………………………………………………..Opposite Party. Judgment ......rried the victim Rumana Akter on 9-6-2003 setting dower money of Taka one lac by a registered Nikahnama. After marriage, their conjugal life was maintained in the house of victim's father. After some time the accused demanded dowry of Taka one lac and a motorbike and this demand of dowry was refused...... the same bail granted by the Tribunal till disposal of the case. Let the copy of the judgment be set down at once. Ed. This Case is also Reported in: 58 DLR (2006) 244, 26 BLD (HCD) (2006) 96. ...... the same bail granted by the Tribunal till disposal of the case. Let the copy of the judgment be set down at once. Ed. This Case is also Reported in: 58 DLR (2006) 244, 26 BLD (HCD) (2006) 96. ..

Category: Women and Children | Date: 13 Feb, 2006 | Hits: 98

Md. Abdul Hannan alias Khalil Vs. Sate and another, 2006, 35 CLC (HCD)

....High Court Division (Criminal) Present: AKM Fazlur Rahman J Sayed Mohammad Ziaul Karim J Md. Abdul Hannan alias Khalil………………………Appellant Vs. The Sate and another……………………...........Respondents Judgment February 7, 2006. ...... the trend of cross-examination of the prosecution witnesses and evidence given in defence is that of innocence and false implication. The definite case of the defence was that victim at the relevant time was 19 years of age. The accused married her with her free will and volition, as well as with t...... Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 291. ...... Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 291. ..

Category: Women and Children | Date: 7 Feb, 2006 | Hits: 78

M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)

....t in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ......o.1 and the defen­dant No.1 acknowledged the receipt of the said money and delivered the possession of the suit property in favour of the plaintiff and stipulated to pay the balance amount at the time of registration. 6. The further case of the plaintiff is that it was stipulated in the ag...... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ...... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ..

Category: Property Law | Date: 15 Dec, 2005 | Hits: 8

M/S. Uttara Properties Ltd. Vs. Joint District Judge and Artharin Adalat No.1, Dhaka and others, 2005, 34 CLC (HCD)

.... Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 64. ......No.1, Dhaka is set aside. 9. In the result, the Rule is made absolute. 10. The learned Judge of the Artha Rin Adalat No.1, Dhaka is directed to allow the petitioner at least 2(two) weeks time to fur­nish security to the extent of 25% of the de­cretal dues in default the Miscellaneous......tent of 25% of the de­cretal dues in default the Miscellaneous Case shall stand rejected. Communicate the order at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 64. ......tent of 25% of the de­cretal dues in default the Miscellaneous Case shall stand rejected. Communicate the order at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 64. ..

Category: Civil Law | Date: 15 Dec, 2005 | Hits: 19

Abdul Aziz & Government of Bangladesh Vs. Hindu Deity Luxmi Gobinda Jew & ors, 2006, 35 CLC (AD)

....7 of 2000 is dis­missed without any order as to cost. Ed. This Case is also Reported in: ...... The State Acquisition and Tenancy Act, 1951 (XXVIII of 1951), Section 92 Once a property becomes property of the deity, which is immortal and it continues to be a property of the deity for all times to come. Even if a particular image be destroyed, the deity whose visible form the image conti......the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is dis­missed without any order as to cost. Ed. This Case is also Reported in: ......the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is dis­missed without any order as to cost. Ed. This Case is also Reported in: ..

Category: Property Law | Date: 8 Dec, 2005 | Hits: 90

Most. Musarraf Sultana Vs. Principal and Member-Secretary, Kanchipara Mahabidhyalaya and others, 2005, 34 CLC (HCD)

.... and Member-Secretary, Kanchipara Mahabidhyalaya and others……Opposite Parties Judgment December 6, 2005. Result: The Rule is made abso­lute. Failure and/or frustration of the ancillary/auxiliary relief cannot frustrate the entire suit and can­not result into ......cs in the said college, namely, Kanchipara College and was drawing her salary and Government allowances as per MPO approved by the Gov­ernment. She was married and became preg­nant for the first time in November, 1007 and used to suffer from sickness time and again due to the same. She became ......med to have been in her service in the post of Lecturer in Econom­ics. Send down the lower Court records at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 66. ......med to have been in her service in the post of Lecturer in Econom­ics. Send down the lower Court records at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 66. ..

Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6

Industries Chemie BV Vs. SMA Quddus and another, 2005, 34 CLC (HCD)

....ost. The connected Rule being Rule No. 4 (TM)/2001 is disposed of. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 758. ......ade Marks reported in 2002 BLD 640. 4. In the 6 BLC case it has been stated in paragraph 7 as follows: "It is evident from the order sheet that on the application filed by the opponent time was granted by the Registrar for filing affidavit and adducing evidence. The appellant had not ...... in favour of the respondent No.1. No order at to cost. The connected Rule being Rule No. 4 (TM)/2001 is disposed of. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 758. ...... in favour of the respondent No.1. No order at to cost. The connected Rule being Rule No. 4 (TM)/2001 is disposed of. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 758. ..

Category: Intellectual Property Law | Date: 30 Nov, 2005 | Hits: 142

State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)

....l appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229....... from their house and accordingly, rushed there and found his father Nainka Rabi Das restless and he was groaning with profuse bleeding injuries. The wife of the informant Shona Moni told him at that time that the accused Maku Rabi Das and Girish Rabi Das had caused injuries by inflicting Dao blows ......sion that due to disclosure of adverse opinion about daughters of Girish Rabi Das by the deceased Nainka Rabi Das, his daughters could not be given in marriage. The witness was present at the time of recovery of Dao which was used for committing murder and he is a witness to the seizure list. During......d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229...

Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82

Md. Habibur Rahman Vs. State, 2006, 35 CLC (AD)

....view of the matter we do not find any illegality in the judgment passed by the courts below. The criminal petition is, therefore, dismissed.  Ed. ......possession of pecuniary resources or property dis­proportionate to his known sources of income, it may, by order, require such person to furnish in the prescribed manner and within the prescribed time a statement of his property and liabilities and such information relat­ing thereto as may b......nbsp; 8.  In such view of the matter we do not find any illegality in the judgment passed by the courts below. The criminal petition is, therefore, dismissed.  Ed. ......nbsp; 8.  In such view of the matter we do not find any illegality in the judgment passed by the courts below. The criminal petition is, therefore, dismissed.  Ed. ..

Category: Criminal Law | Date: 23 Oct, 2005 | Hits: 83

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

....ent, for in­formation and taking necessary action. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 29.  ......ntering the hut took away articles. Salam with injuries when was laid down in the hut told that accused Jabbar, Rafiq, Tipu and Kibria gave him chhora blows. She further said that one night at the time of going to the latrine her daughter Parul was abducted by those four accused persons. Her son......d 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: 26 BLD (HCD) (2007) 29.  ......d 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: 26 BLD (HCD) (2007) 29.  ..

Category: Criminal Law | Date: 18 Oct, 2005 | Hits: 3

Cox's Bazar Pourashava Vs. Bangladesh and Others, 2005, 34 CLC (HCD)

....d in: 27 BLD (HCD) (2007) 216. ...... violative of the petitioner's statutory legal right. In the circumstances the petitioner having no other efficacious alternative remedy has become to this court and obtained the present Rule. At the time of issuance of the Rule, pending hearing of the Rule, operation of the notice published in the ......rminal to the Cox's Bazar Zila Parishad are declared to have been issued/passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 216. ......rminal to the Cox's Bazar Zila Parishad are declared to have been issued/passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 216. ..

Category: Civil Law | Date: 30 Aug, 2005 | Hits: 39

World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)

....do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ......rred in holding that under the said provision of Bangladesh Telecommunication Act 2001 read with National Telecommunication Policy the Government having the choice to decide upon co-operation for the time being in Dhaka Multi Exchange Area, the BTRC is not the authority to decide otherwise. 6. T...... reasons assigned by the High Court Division in the impugned order, we do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ...... reasons assigned by the High Court Division in the impugned order, we do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ..

Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331

M/S. Marine Contacts, represented by Md. Mofazzal Hossain Vs. People's Republic of Bangladesh, 2005, 34 CLC (HCD)

..... Marine Contacts, represented by Md. Mofazzal Hossain……………………….Petitioner Vs. The People's Republic of Bangladesh, rep­resented by the Secretary, Ministry of Communications, Bangladesh Secretariat, Ramna, Dhaka and others…………..............Re­spondents ......ew of the matter the petitioner being the lowest Tenderer was entitled to get the Pur­chase Order. The petitioner made a prayer on 9.1.2005 to the Chief Engineer, respondent No.3 for extension of time but his prayer was rejected. The petitioner thereafter made a prayer to the Ministry (responde......cumstances we do not find any substance in this Rule. Accordingly the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 20. ......cumstances we do not find any substance in this Rule. Accordingly the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 20. ..

Category: Others | Date: 15 Aug, 2005 | Hits: 6

Bangladesh Legal Aid and Service Trust (BLAST) Vs. Bangladesh & another, 2005, 34 CLC (HCD)

....…Petitioner Vs. Bangladesh & one another……………………………Respondents Judgment August 2, 2005. Result: The Rule is made absolute. Cases Referred to- Qudrati Elahi Panir etc. Vs. Government of Bangladesh, represented by the Secretary, Ministry of Local G......s now examine the legality of the present Act as appears firstly from the pre-amble of the Act as stated above which envisages that this Gram Sharker will be a supportive organization but at the same time it envisages that the said Gram Sharker will be a representative body (প্রতিনিধ......VI of 2003), is declared unconstitutional and void. 45. In the result, the Rule is made absolute but without an order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 156. ......VI of 2003), is declared unconstitutional and void. 45. In the result, the Rule is made absolute but without an order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 156. ..

Category: Constitutional Law | Date: 2 Aug, 2005 | Hits: 343