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Md. Azizur Rahman Vs. Mosammat Nazmun Nahar, 2005, 34 CLC (HCD)
....aid. 3. The defendant-petitioner contested the suit by filing written statements denying the material averments of the plaint stating, inter alia, in short, that the defendant was a minor at the time of alleged marriage having his date of birth as on 9.4.1981. His further case is that the quest......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. ..Category: Evidence Law | Date: 26 Jul, 2005 | Hits: 169
Category: Administrative Law, Employment/Service Law | Date: 24 Jul, 2005 | Hits: 8
Masud Rana Vs. National Board of Revenue & others, 2005, 34 CLC (HCD)
....icus curia, in one voice said that in view of the Provision of Section 196F and 196G of the Act the admission hearing of the Customs Appeal under Section 196D is a superfluous exercise and wastage of time creating extra burden on the shoulder of the learned Advocates to appear before the Bench ......tted automatically and not to place the same before the Bench for the purpose of Admission. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 382. ..Category: Family Law, Women and Children | Date: 24 Jul, 2005 | Hits: 109
Shafiuddin Vs. Samir Bhuiyan and others, 2005, 34 CLC (HCD)
....person shall be disqualified for election as, or for being a chairman or commissioner, if: (g) he or she has defaulted in repaying any loan taken by him or her from any specified bank within the time allowed by the bank therefore". (emphasis supplied by us). 28. The Ordinance was prom......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. ..Category: Civil Law, Election Law | Date: 13 Jul, 2005 | Hits: 7
Ashraful Alam (Md.) Vs. State, 2005, 34 CLC (HCD)
.... to fill up the lacuna of the prosecution. The order of retrial can be passed only when the prosecution failed to produce some important documents or piece of evidence which were not available at the time of trial and which came to the hand of the party after trial, in the absence of which the party......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. ..Category: Family Law | Date: 4 Jul, 2005 | Hits: 2
Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)
....rement nor demand nor proposal from the departmental heads nor there was any proposal from of the Planning Committee of the University for such unprecedented huge number of appointments at a time, that there was no advertisement or notification in any dailies for such appointments and the ......t Judge, 2nd Court, Rajshahi in Miscellaneous Appeal No.50/2004 is hereby set aside and that of the trial Court is affirmed. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 5. ..Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7
Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)
....d ex pane 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 ......ed Advocate for the petitioner further submits that, his client has duly paid the monthly amount of Taka 800 up to the months of March, 2005. Ed. This Case is also Reported in: 58 DLR (2006) 26...Category: Family Law | Date: 25 Jun, 2005 | Hits: 237
Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)
....yment of the last installment of the premium, whichever is later, but if you fail to observe any or all of the conditions of this lease, then it shall be competent for the Deputy Commissioner, at any time, to re‑enter upon the demised land or any part thereof in the name of the whole and thereupon...... 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. ..Category: Property Law | Date: 19 Jun, 2005 | Hits: 3
Jamuna Television Limited and another Vs. angladesh and others, 2005, 34 CLC (HCD)
....ved in quick succession on 10‑4‑04 impugned letter dated 8‑4‑04 issued by and on behalf of the Commission cancelling the licence for failing to deposit the entire money as demanded within the time fixed, Annexure-A(1) and on 11‑4-04 impugned letter shown to be dated 24‑3‑04, by wh......ing the licence dated 10‑3‑04 are all declared to have been issued without any lawful authority and, as such, of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 345. ..Category: Information Technology Law | Date: 16 Jun, 2005 | Hits: 4
Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)
....‑1992 in the house of husband Kazi Mahbubuddin Ahmed. Nilufar Rashid and Haroon-or-Rashid shall be described in Judgment as deceased Nilufar and HR Khan respectively. Kazi Mahbubuddin Ahmed for the time being shall be pictured as Mahbubuddin. 3. Doctor Pronab Kumar Chakravorty (P.W.12) perfor......on the accused taking the plea of alibi to prove it with certainty so as to exclude the possibility of his presence at the place and time of occurrence. An obligation is cast on the Court to weigh in scales the evidence adduced by the prosecution in proving the guilt of the accused and the evidence ..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
Hamida Begum Vs. Mosharef Hossein Sikder and others, 2005, 34 CLC (HCD)
....ld ear ring, gold chain, a jar made of brass, a curtain, a fishing net, mugdal and rice totaling to Tk. 17,950. One Noorjahan is a relation of the petitioner and she came to visit her house. At the time of occurrence while the said witness was obstructing the accused persons, accused No.1 infl......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. ..Category: Criminal Law | Date: 15 Jun, 2005 | Hits: 2
Emarat Ali Vs. State, 2005, 34 CLC (HCD)
....t is satisfied that a circumstance or a set of circumstances shown by a party, justified the act or omission of such party for not preferring appeal within prescribed period, the court can extend the time. The section gives a discretion in determining what sufficient cause. A genuine or good ca......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. ..Category: Criminal Law, Limitation Law | Date: 14 Jun, 2005 | Hits: 1
Khaled Ahmed Chowdhury Vs. State, 2005, 34 CLC (HCD)
.... 6‑11‑1988 at about 10‑00 AM stating that 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 ac......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. ..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)
....notices marked as Annexure-I and J series were materials on record of the Court of Settlement and these documents show that the Government was not in possession of the case property at any point of time. On the contrary, the writ petitioners have been in possession of the case property all through......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)
....etitioner. The learned Deputy Attorney-General appearing for the state however submits that since no notice was served upon the government they have no instruction in the matter. However he prays for time but this Court does not feel it necessary to adjourn the matter. 3. The case of the petiti......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. ..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 Opposite Party No.2 Registrar of Trade Marks being satisfied about the right of property involved in the trade marks, and given that there was no conflicting mark on record at the Registry at the time, the trade marks were duly registered upon advertisement in the Trade Marks Journal and have si......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
Sheikh Abdul Quddus Vs. Akram Sheikh @ Akram and others, 2005, 34 CLC (HCD)
....e plea of alibi must be substantiated by the accused. Here in this case since the defence asserted that while the informant attempted to assault his wife, then the victim went to save her and at that time the informant pushed the victim down from verandah to courtyard whereby he was injured. As per ......ate of receipt of this order to serve out their remaining portion of sentence imposed upon them. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (HCD)(2005) 650. ..Category: Evidence Law | Date: 16 May, 2005 | Hits: 4
State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)
....statement the former Chairman respondent Abdur Rouf Sardar of Nagurghata Union Parishad was stated to have been serving a sentence in jail in connection with a criminal case at the relevant time. Respondents Al-haj Md. Abdus Sabur and Md. Khalilullah alias Jharu are stated to have offered ...... 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. ..Category: Criminal Law | Date: 16 May, 2005 | Hits: 105
Sec. Min. of Works and Urban Dev., Govt. of BD & ors Vs. Rowshan Ara Begum & anr, 2005, 34 CLC (AD)
....t dismissed the case on the findings that no oral evidence has been adduced from the side of the petitioner i.e., respondent No. I herein, that Sahera Khatun was present in Bangladesh at the relevant time and her whereabouts were known, that the alleged oral gift has not been established by examinin......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. ..Category: Property Law | Date: 15 May, 2005 | Hits: 120
Jamuna Builders Ltd. and another Vs. Rajdhani Unnayan Kartripakkha and another, 2005, 34 CLC (HCD)
....ed the petitioners to submit mutation certificate and rent receipts. In the said letter also the respondent No.2 did not object to the construction commenced by the petitioner. The petitioner, at the time of submission of the application for sanctioning the plan, submitted mutation certificate and r...... 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