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Executive Engineer, Water Development Board & anr. Vs. Md. Moktaruddin, 2006, 35 CLC (AD)
....In the background of the discussions made hereinabove we find merit in the appeals. Accordingly, the appeals are allowed. There is no order as to costs. Ed. ......tion for 8 weeks. The appeals were allowed by the order dated February 20, 1995 and an order of injunction was passed for 2 months and the trial Court was directed to dispose of the suits within that time. The present appellants got the said order of injunction stayed by moving this Division upon fi......at extent. 13. In the background of the discussions made hereinabove we find merit in the appeals. Accordingly, the appeals are allowed. There is no order as to costs. Ed. ......at extent. 13. In the background of the discussions made hereinabove we find merit in the appeals. Accordingly, the appeals are allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: 2 Aug, 2005 | Hits: 84
Raqib Sheikh (Md.) Vs. State, 2005, 34 CLC (HCD)
....judgment for information and taking necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 568. ......t proved. Such defence case had not been suggested in cross examination to the P.Ws. At last stage of the trial a new story was advanced through the mouths of the D.Ws. Even the appellant at the time of examination under section 342 of the Code of Criminal Procedure did not disclose such defenc......nt from her uterus. She handed over that piece of root of plant to P.W.1, who seized the same. She identified the piece of root, Material Exhibit 1, in the trial Court. P.Ws.1, 7 and 9 also supported recovery of the piece of root Material Exhibit 1 from the uterus of the deceased by P.W.5. Thus it i......wn 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: 57 DLR (2005) 568. ..Category: Criminal Law | Date: 27 Jul, 2005 | Hits: 1
Sadeque @ Sadequr Rahman Vs. State, 2005, 34 CLC (HCD)
....is judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 498. ......l Huq, escorted the dead body of 4(four) cadavers to the morgue for autopsy. 17. P.W. 17, Md. Halim Bhuiyan, who was the resident medical officer of Narayanganj Sadar hospital at the relevant time, held autopsy upon the cadavers of Nayan, Liton, Suruj and Kazal and opined that the deaths we......er case. Send down the lower Court records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 498. ......er case. Send down the lower Court records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 498. ..Category: Procedural Law | Date: 27 Jul, 2005 | Hits: 9
Md. Azizur Rahman Vs. Mosammat Nazmun Nahar, 2005, 34 CLC (HCD)
....il Revisional Jurisdiction) Present: Md. Abdul Aziz J Md. Azizur Rahman………………………..........Petitioner Vs. Mosammat Nazmun Nahar………………………Opposite part......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. ......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
....inistry of Finance and others..................................Respondents
Judgment
July 24, 2005.
Result:
The Petitions are discharged.
It is now settled by our apex court that matters relating to or arising out of the terms and conditions of the persons in the service of t...... petitioner for absorption as surplus personnel in any office under the National Board of Revenue as Income Tax Inspector/Customs Inspector in the same scale of pay and grade as he was holding at the time of declaring him surplus. Thereafter, the Selection Committee under the National Board of Reven......d be discharged as being not maintainable.
In the result, both the writ petitions are discharged without, any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 609.
......d be discharged as being not maintainable.
In the result, both the writ petitions are discharged without, any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 609.
..
Category: Administrative Law, Employment/Service Law | Date: 24 Jul, 2005 | Hits: 8
Masud Rana Vs. National Board of Revenue & others, 2005, 34 CLC (HCD)
....ore the Bench for the purpose of Admission. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 382. ......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. ......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)
.... This Case is also Reported in: 57 DLR (2005) 553. ......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......chairman defaulter must be held to be erroneous. The object of the Act was to make provisions relating to banking companies mainly for regulating the banking business including various mechanisms for recovery of bank loans. Clause (g) of section 5 of the Act defining a debtor clearly includes a guar......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)
....igh Court Division (Criminal Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Ashraful Alam (Md.)……................................Petitioner Vs. State.......................................................Opposite Party Judgment July 4, ...... 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. ......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)
....ase is also Reported in: 26 BLD (HCD) (2007) 5. ......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. ......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)
.....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 Hossain alias Rupa vs. Mizanur ......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.......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)
................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 Procedure (V of 1908......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. ...... 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)
....t. Ed. This Case is also Reported in: 57 DLR (2005) 345. ......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. ......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)
.... other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 513. ......‑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......set at liberty at once, if not required in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 513. ......set at liberty at once, if not required in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 513. ..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
Hamida Begum Vs. Mosharef Hossein Sikder and others, 2005, 34 CLC (HCD)
.... 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, 2005. ......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. ......the said witness was obstructing the accused persons, accused No.1 inflicted a Dao blow on the right side of the forehead of the witness causing blood injury. Other accused persons beat upon two arms of the said witness causing injury and then left the place taking away the looted articles. Th..Category: Criminal Law | Date: 15 Jun, 2005 | Hits: 2
Emarat Ali Vs. State, 2005, 34 CLC (HCD)
..... Ed. This Case is also Reported in: 57 DLR (2005) 620. ......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. ......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)
....ivision (Criminal Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Khaled Ahmed Chowdhury…………………Petitioner Vs. State………………………………&...... 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. ......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)
.... Vs. Mr. KM Zakir Hossain and others, 2003 BLD (AD) 24 = 8 BLC (AD) 27; Hosne Ara Begum Vs. Chairman, Court of Settlement and another, 46 DLR (AD) 9. Lawyers Involved: Lutfor Rahman Akand, Advocates - For the Petitioners. MA Azim Khair, Deputy Attorney-General - For Respondent No.2.&n......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. ......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)
.... Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 9. ......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. ......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)
.... Trade Marks forthwith. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ......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. ......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)
...........Opposite Parties Judgment May 16, 2005. Result: The Rule is made absolute. When accused persons are "daredevils of the locality" The legal position is that neither the number of witnesses, nor the quantity of evidence is material. It is the quality that......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. ......:00/ 11:30 AM when he was returning home from Trimohani Bazar and came near the bamboo grove of Jamal Sheikh then the accused persons attacked him and the accused Akram dealt rod blow on his forearms and again he dealt a blow which he defended by his right hand whereby his right hand was fractu..Category: Evidence Law | Date: 16 May, 2005 | Hits: 4
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