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Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)

....just, fair and reasonable to cancel the sanctioned plan after it has been acted upon and the construction has been com­pleted with appropriate foundation and it is against the practice of equity and good conscience to reopen the sanction after six years, the respondents raised fund for the construc......ka. The writ-respondent wanted to rely on the acknowledgment dated 8-4-1999 to say that the notice for show cause dated 8-4-1999 was sent by the said mail and received by the writ-petitioners. But no record was produced to prove that the writ petitioners left the house at 68 Purana Paltan or that re...... Director, Air Traffic. 26. The writ-petitioners, however, denied to have received any of the letters. They further said that their office was transferred to the Rangs Bhaban before 1998. To prove service, the said writ-respon­dents annexed photocopy of the acknowledgments to their supplementary..

Category: Property Law | Date: 2 Aug, 2007 | Hits: 114

Abdul Majid (Md.) Vs. State, 2007, 36 CLC (HCD)

....alf of the appellant. 11. The learned Assistant Attorney-Gene­ral Mr. Shofiul Alam Mahmood appearing on behalf of the State-respondent, submits that the evidence adduced by the prosecution are good enough to sustain the conviction and sentence passed by the Nari-o-Shishu Nirjatan Daman (Bishe......e accused-persons who pleaded not guilty and claimed to be tried. 8. The Nari-o-Shishu Nirjatan Daman (Bishesh) Adalat, Jessore after concluding the trial and on consideration of the evidence on record found the accused-appellant Md. Abdul Majid guilty under section 6(1) of the Nari-o-Shishu Ni......ith if not wanted in connection with any other case. Lower Court's record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 52. ..

Category: Women and Children | Date: 24 Jul, 2007 | Hits: 159

Md. Abdul Mannan and others Vs. Ministry of Education and others, 2011, 40 CLC (HCD)

....relief in accordance with law. With the aforesaid observation, the application is disposed of without any order as to cost. Ed. This Case is also Reported in: 20 BLT (HCD) (2012)565. ......relief in accordance with law. With the aforesaid observation, the application is disposed of without any order as to cost. Ed. This Case is also Reported in: 20 BLT (HCD) (2012)565. ......relief in accordance with law. With the aforesaid observation, the application is disposed of without any order as to cost. Ed. This Case is also Reported in: 20 BLT (HCD) (2012)565. ..

Category: Employment/Service Law | Date: 23 Jul, 2007 | Hits: 26

Birendra Kishore Ghose @ Gopal Krishna Ghosh Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....f which the plaintiff is the eldest. The plain­tiff being attacked with paralyses at six years of his age could not proceed with higher edu­cation. The other two brothers of the plaintiff are in good health. The plaintiff while came to the age of marriage, got married with the daughter of late......¥¤ 12. Further it appears that the property has been seized and possession was taken up and it has been included in Khatian No.1. P.W.4 in his cross-examination stated that from the office record it is seen that posses­sion of the suit land has taken over by the Government of the C.O.(......the appeal. Consequently the appeal is dismissed without any order to cost. Send down the lower court records at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 498. ..

Category: Property Law | Date: 7 Jun, 2007 | Hits: 6

Shaikh Md. Mahmud Hossain and others Vs. Md. Abdur Razzaque and others, 2007, 36 CLC (HCD)

....t Satkhira is hereby upheld and maintained. Let a copy of this judgment along with the lower Court's records be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 177. ......f their case and the defendants examined 2 witnesses including the defendant No.1 and both parties exhibited and filed some documents. The learned Assistant Judge on consideration of the materials on record was pleased to decree the suit. 8. Being aggrieved by the aforesaid judgment and decree pa......t Satkhira is hereby upheld and maintained. Let a copy of this judgment along with the lower Court's records be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 177. ..

Category: Property Law | Date: 6 Jun, 2007 | Hits: 27

Roni Ahmed Liton @ Liton Ahmed Roni Vs. State, 2007, 36 CLC (HCD)

.... in any other case. Send down the LCR along with copy of the judgment expeditiously. Ed. This Case is also Reported in:  61 DLR (HCD) (2009) 147,29 BLD (HCD) (2009) 386.  ......plied with fully. Hence this case. 4. SI Niranjit Kumar Chandra took up the investigation who visited the place of occurrence, prepared sketch map with separate index, examined the witnesses and recorded their statement under section 161 of the Code of Criminal Procedure and thereafter submitte......ura, daughter of the informant and left with warning not to disclose it to anybody and if disclosed she will be killed. After this the victim Tahura and her brother went to Dhaka and Tahura joined in service in a Garment Factory. On 25-8-2003 accused with some other persons took the victim against h..

Category: Women and Children | Date: 3 Jun, 2007 | Hits: 14

State Vs. Yeasin Khan Palash, 2007, 36 CLC (HCD)

.... this Court. 17. Mr. Mahbubey Alam, the learned Advocate appearing for the condemned prisoner Abdul Mannan alias Milon in Criminal Appeal No.2429 of 2003 submits that the convict appellant bears a good moral character, who has been falsely implicated in this case. Mr. Mahbubey Alam in the course ......prepared the sketch map with separate index and also forwarded the witnesses namely 1) Hossain Ahamed Jewel, 2) Md. Hanif, 3) Rezaul Karim Raju, 4) Md. Abul Kalam, 5) Md. Idris and 6) Parul Begum for recording their statements under section 164 CrPC and obtained their statements recorded by the Metr...... the Code of Criminal Procedure is rejected. Let a copy of the judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 469. ..

Category: Criminal Law | Date: 3 Jun, 2007 | Hits: 20

State Vs. Monir Hossain & another persons, 2007, 36 CLC (HCD)

....e the basis of conviction inviting a death penalty of seven accused-persons when a murder is alleged to have been committed in a sudden fight between the two rival political parties. Moreover, when a good number of accused including principle accused-person like Asgar, named in the FIR, are found to......d in the FIR. succeeded in running away and could not be apprehended. 6. Thereafter, P.W. 1, Motaleb rushed to the Manikganj Sadar Police Station to lodge the FIR, Exhibit 1, where this case was recorded as Manikganj PS Case No.11 dated 20-7-1999 pun­ishable under section 148/149/302/114 of......ourt below, District Magistrate, Manikganj and Superintendent of Police, Manikganj at once for information and necessary action. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 455 ..

Category: Criminal Law | Date: 27 May, 2007 | Hits: 5

Shamsur Rahman Khalifa Vs. Jagodish Chandra and Others, 2007, 36 CLC (HCD)

.... at once. The defendants are restrained permanently from interfering with the peaceful possession of the plaintiff in the suit. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 873. ......nt No.5 in the said Miscellaneous Case was a void and illegal order and that was passed without having any lawful authority. 26. Now, let us discuss the question of possession. On perusal of the record, it shows that the RS record was prepared in the name of plaintiff. It further appears that a...... at once. The defendants are restrained permanently from interfering with the peaceful possession of the plaintiff in the suit. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 873. ..

Category: Property Law | Date: 27 May, 2007 | Hits: 9

Faruk Ahmed and another Vs. Bangladesh, 2007, 36 CLC (HCD)

....ssion (Annexure-D) within two months from the date of receipt of this judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 151. ......the Rule having no merit, is liable to be discharged. 7. In order to appreciate, the submissions advanced by the learned Counsels, we have gone through the writ petition and other materials on record and given our anxious consideration to their submissions. 8. We find from the record th......ssion (Annexure-D) within two months from the date of receipt of this judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 151. ..

Category: Others | Date: 16 May, 2007 | Hits: 4

Bangladesh Vs. Chairman, First Court of Settlement and another, 2007, 36 CLC (HCD)

....ation Vs. First Court of Settlement reported in 2007 BLD (AD) 21. Having regard to the facts, the submissions advanced by the learned Counsel for the petitioner prevails and appears to have a good deal of force. 16. In view of the discussions made above and the preponderant Judicial vi......nlisted the property as abandoned property. 8. In order to appreciate the submissions advanced by the learned Counsels, we have gone through the writ petition as well as the other materials on record and given our anxious consideration to their submissions. Now, the question which calls......t. The order of stay granted earlier by this Court stands vacated. Send down the record to the concerned Court. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 153. ..

Category: Property Law | Date: 6 May, 2007 | Hits: 5

S. M. Rafiqul Islam Vs. Md. Monjurul Islam, 2007, 36 CLC (HCD)

....ellaneous Case No.50 of 1998 is hereby affirmed. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 353. ......gned Judgment and order. 8. No one appears to oppose the Rule. 9. I have heard the learned Advocate for the petitioner and I have perused the impugned Judgment and order and the evidence on record very carefully and meticulously. 10. On perusal of the application made section 19(1) of......ellaneous Case No.50 of 1998 is hereby affirmed. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 353. ..

Category: Tenancy Law | Date: 3 May, 2007 | Hits: 149

Dominous Pizza and others Vs. Domino's Pizza Inc., 2007, 36 CLC (HCD)

....r itself or their men, women, employees, agents, partners, share holders or officers from using, preparing, storing, marketing, selling or offering for sale, passing off or attempting to pass off any goods bearing or under the trademark 'Dominous Pizza' or any other trade mark confusingly si...... 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. ......ning huge profits and causing irreparable loss to the plaintiff. The plaintiff stated that it has incurred huge loss and its name and reputation is being damaged by the defendant by passing off their service and products as those of the plaintiff, with products below the standard service and product..

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. ......nted by their proprietors had not been made respondents in the appeal. H. Learned Appellate Judge by judgment and decree dated 9-11-1985 dismissed the Appeal and maintained the judgment and decree recorded by learned Munsif. I. Plaintiffs having felt still dissatisfied invoked this Court's Civ...... I. Plaintiffs having felt still dissatisfied invoked this Court's Civil Provisional Jurisdiction on bestowing a petition under section 115 of the Code and obtained Rule. 3. Grounds pressed into service in support of claim to be added as opposite parties in Civil Revision are catalogued hereund..

Category: Procedural Law | Date: 4 Apr, 2007 | Hits: 32

Arab Bangladesh Bank Limited, Motijheel Branch, Dhaka Vs. The Artha Rin Adalat and others, 2007, 36 CLC (HCD)

....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.   ......here is no "auc­tion" sale and if there is no "auction sale" it cannot be said that the "auction sale process" under section 33(1)(2) or (3) has taken place from the record it appears that for the first time on 28.9.2003 the bidders participated in the auction and t......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.   ..

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. ......of the above position regarding the ownership of entire 0.468 acres of land and the respondent Nos.7 to 16 in possession of the employees and staffs under respondent No.2 managed to have illegally recorded 0.0075 acres of land in the said strip of 0.0093 acres, extreme Eastern side land by addin......more persons where such persons reside in the same village-Rupee one and twenty five paisa; and (b) Where the notice is to be served in different villages, a separate fee shall be charged for service in each village at rates as in clause (a) above. (2) Before passing the final ord..

Category: Property Law | Date: 7 Mar, 2007 | Hits: 10

Safazuddin and another Vs. State, 2007, 36 CLC (HCD)

.... accused Safazuddin committed rape upon her. Accused persons bolted away on witnessing advancement of people from marriage ceremony house. Runa Laila became senseless after the accused persons made a good escape by running away. Informant P.W.1 had been absent in the house and he came on the followi......ly implicated. In the case of a grown up and married woman it is always safe to insist on corroboration. True it is that testimony of prosecutrix can form the basis of conviction and if conviction is recorded on the evidence of a Prosecutrix without any corroboration it will not be illegal but the t......tors of crime with sentence of death or imprisonment for life, a Court of law is to be justified in demanding full satisfaction before lethality of section 6(1) of The Ain of 1995 can be pressed into service against convict-appellants. Evidences and materials on record and fact and circumstances of ..

Category: Women and Children | Date: 28 Feb, 2007 | Hits: 75

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: ......plaintiff could not deposit the amount within time fixed by the court, the suit shall stand dismissed. The rule issued in Civil Revision No.3536 of 1999 was discharged. 7. It transpires from the record that the bainapatra in question was executed on 19.02.1985 and Title Suit No. .......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: ..

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. ......t of this witness mentioned "incomplete". He was not cross examined by the accused persons. But from the order sheet it did not appear that his evidence was incomplete. At any event from the original record we find that the recording evidence of witness Tribunal was incomplete and he was not produce......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. ..

Category: Criminal Law | Date: 25 Jan, 2007 | Hits: 26

Hafizuddin and another Vs. Moherjan & Others, 2007, 36 CLC (HCD)

....nj, is directed to dispose of the other class suit as expeditiously as possible after notifying all the concerned parties. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 88. ...... the death of Amjad Hossain, the sole plaintiff and prayed for substituting them as his legal heirs. The learned Judge after hearing, by his order dated 15.1.1985, rejected their said petition and recorded abatement of the suit. On 9.2.1985, the opposite party Nos.1 to 11 filed an application un......nj, is directed to dispose of the other class suit as expeditiously as possible after notifying all the concerned parties. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 88. ..

Category: Procedural Law | Date: 16 Jan, 2007 | Hits: 3