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....ions. The Registrar of this Court is
also directed to circulate this order through National Dailies and all Electronic
Media.
Ed.
This Case
is also Reported in: 15 BLT (HCD) (2007) 66.
......Abdur Rahman J
Judgment
May 23, 2005.
Suo Moto Ex-parte
Order 2005.
Judgment
Md. Abdul Matin J.-
Since
our Republic was established pledging amongst others the rule of law and
fundamental human rights ensuring to every citizen a right to have unimpeded
access to justice......ing slogans harlots abuses against the Court or its judges, carrying
placards with writing directed against the judges, obstructing the Chief
justice or judges from attending the Court by putting illegal seize at the
entrance of the Court building and entering into the Court room of a judge
aski..
Category: Others | Date: 23 May, 2005 | Hits: 13
New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)
....hat process become integrated with the business of the Predecessors-in-interest of the Petitioner, but further that in the facts and circumstances of this case the trade mark connotes and denotes the property of the Predecessors-in-interest of the Petitioner and no one else. This is further substant...... Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ......etor in the prescribed form of registration application dated 5.9.2000, thereby, willfully attempting at deceiving the Registrar of Trade Marks. This, the Petitioner contends, goes to the root of the legality of the impugned registration that is in law now liable to be expunged. 9. Heard the le..Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187
Muzaffar Hossain Sarker (Md.) Muzaffar Hossain Sarker (Md.) Vs. State, 2002, 31 CLC (HCD)
....far Hossain Sarker who 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) 711. ......dgment Siddiqur Rahman Miah J.- This criminal Appeal under section 410 of the Code of Criminal Procedure at the instance of the appellant Muzaffar Hossain Sarker is directed against the judgment and order dated 2‑11‑2002 passed by the learned Special Judge (District and Sessions Judge), Com......eport, charges framed during trial, the evidence of witnesses as well as the impugn judgment and order. He further submits that the impugned judgment and order of conviction an sentence is ex facie illegal wrong, erroneous an bad in law as well as in fact. The learned Special Judge did not apply his..Category: Criminal Law | Date: 16 May, 2005 | Hits: 3
Sheikh Abdul Quddus Vs. Akram Sheikh @ Akram and others, 2005, 34 CLC (HCD)
....ate on appreciation of the evidence of the witnesses, rightly convicted the accused persons by his judgment and order dated 20‑10‑1993. He further submits that the learned appellate Court without proper appreciation of the evidence, of the witnesses most illegally allowed the appeal setting asid...... (Criminal Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Sheikh Abdul Quddus................................................Petitioner Vs. Akram Sheikh @ Akram and others............................Opposite Parties Judgment May 16, 2005. Result:.................................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..Category: Evidence Law | Date: 16 May, 2005 | Hits: 4
State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)
.... 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. ......n all appeals)……………………….Appellant Vs. Md. Mominullah (Median) (In Criminal Appeal No. 3 of 1999) Eskan @ Sheikh Eskander Mirza (In Criminal Appeal No. 4 of 1999) Md. Abdul Kalam @ Kalam (In Criminal Appeal N......ffence with regard to the respondents in the instant case. There are total lack of materials against the respondents to implicate them in the murder case. The charge sheet submitted against them is illegal and the respondents cannot be harassed in such a murder case. It will be an abuse of the proce..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)
.... Section 5 (2) of the Ordinance attaches statutory presumption that a particular building listed in the list of abandoned buildings and published in the official Gazette then the property so listed is an abandoned property and vested in the Government and the person, claiming r...... ...... 448 of 1988 making the Rule absolute and thereupon declaring that the property in question has been listed in the 'Kha' list of the abandoned buildings without lawful authority and the same is of no legal effect and that made further direction to the Government to exclude the property from the list..Category: Property Law | Date: 15 May, 2005 | Hits: 120
Jamuna Builders Ltd. and another Vs. Rajdhani Unnayan Kartripakkha and another, 2005, 34 CLC (HCD)
.... the petitioner to stop the construction work and further directed to remove the construction within 7 days and further warned the petitioner to the effect that since the construction is unauthorised proper action will be taken for removing the unauthorised construction under section ঢক(২) of ......in: 57 DLR (2005) 762. ...... show cause as to why the impugned memo No. Rajuk/Na Aa Aa/2C-85/2202/599/Stha: dated 17‑11‑2002 (Annexure-A) should not be declared to have been issued without lawful authority and is of no legal effect and why the respondents should not be directed to give formal sanction to the proposed ..Category: Administrative Law, Company Law | Date: 9 May, 2005 | Hits: 9
Afzalul Haque (Md.) and others Vs. Md. Abdur Razzaque, 2005, 34 CLC (HCD)
....ow cause as to why the Judgment and decree dated 27-3-2001 passed in SCC Suit No.10 of 1995 should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The petitioner filed SCC Suit No.10 of 1995 dated 11-10-1995 in the SCC Court, Rajsh......Case is also Reported in: 13 BLC (HCD) (2008) 185. ......was concerned. In support of this contention, the learned lawyer refers a decision as reported in 7 DLR 6. Lastly, the learned lawyer submits that the Judgment and decree passed by the SCC Judge is illegal and liable to be set aside. 7. None appears to oppose the Rule. 8. I have perused th..Category: Tenancy Law | Date: 4 May, 2005 | Hits: 25
Bangladesh rep. by the Ministry of Works & ors Vs. Nasima Khatoon and others, 2005, 34 CLC (AD)
....documents filed by the respondents and when it did not apply its judicial mind in deciding the case High Court Division did not commit any illegality in reversing such finding and in releasing the property from the list of abandoned properties as the declaration of the same as abandoned property...... MA Aziz J Amirul Kabir Chowdhury J Bangladesh represented by the Ministry of Works & ors …...... Appellants Vs. Nasima Khatoon and others...................Respondents Judgment May 4, 2005. ...... When Court of Settlement did not consider documents filed by the respondents and when it did not apply its judicial mind in deciding the case High Court Division did not commit any illegality in reversing such finding and in releasing the property from the list of abandoned propert..Category: Property Law | Date: 4 May, 2005 | Hits: 115
....nother Bench of this Court comprising
of their Lordships Mr. Justice
Shahabuddin Ahmed and Mr. Justice
Abdul Matin Khan Chowdhury came to a clear finding that there is no valid
requisition of the property and consequently the notice for its acquisition
under section 5 of the Act is without lawf......8)
73. ......ied old building of New Govt. Girls High School at 2, K.P. Ghosh Street,
Armanitola, Dhaka issued by respondent No.5 should not be declared to have
been issued without lawful authority and is of no legal effect.
2. The case of the
petitioners, briefly, be put thus:-
The father of the
p..
Category: Property Law | Date: 3 May, 2005 | Hits: 3
M Moinul Khan Vs. State, 2005, 34 CLC (HCD)
....laint for the commission of an offence nor any recommendation for taking action in respect of such offence, against the accused persons, the Tribunal may, in the interest of justice, if deems lit and proper assigning reasons, take cognisance of the offence concerned against the accused persons. The ......ari-o-Shishu Nirjatan Daman Tribunal, Sylhet stating, inter alia, that his sister Mst Parul Khanum, student of Sylhet Government College, was married to accused No. 1 Syed Ahmed (Shipu) on 28-1-2000 and the dower was fixed at Taka 5 lac. Before the marriage accused No.1 and others demanded Taka 5 l...... Parul Khanum or to take her back; rather, they demanded the balance amount of the dowry. In the said premises complainant's sister consulted the learned Advocate Mr. Abdus Shahid Shahen and served a legal notice upon the accused persons on 13-4-2003 but the accused persons failed to give any reply ..Category: Women and Children | Date: 3 May, 2005 | Hits: 98
Md. Abdur Rahman Faroque Vs. Md. Shamsul Hoque and another , 2005, 34 CLC (AD)
....- (at the present raised to Tk. 30,000/-) and the suits described in the 2nd schedule to the Act were excepted from the cognizance of the S.C.C. court amongst which a suit for possession of immovable property was one (under clause 4 of the 2nd schedule of the Act), that in 1935 the proviso to sectio......(Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Md. Abdur Rahman Faroque………………………………………Appellant Vs. Md. Shamsul Hoque and another……………………………..Respondent Judgment May 2, 2005. Result: ......his is defendant No.2's appeal, by leave, against the judgment dated March 3, 1999 of the High Court Division in Civil Revision No.4237 of 1998 making the Rule absolute which was obtained challenging legality of the order dated August 24, 1998 of the Court of Senior Assistant Judge, Sadar, Mymensing..Category: Civil Law | Date: 2 May, 2005 | Hits: 119
Anowar Hossain (Md.) and another Vs. Bangladesh and others, 2005, 34 CLC (HCD)
.... suit being Title Suit No.32 of 2004 pending before the 6th Assistant Judge, Dhaka, praying for permanent injunction to restrain further construction on the holding Nos.105 and 106 BCC Road, the suit property, attaching the boundary wall, on the western portion of the applicants, without any approve...... ......ejected without any order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 512. ..Category: Civil Law | Date: 25 Apr, 2005 | Hits: 4
Montu and others Vs. State, 2005, 34 CLC (HCD)
....ther place he said that hurts are grievous in nature and, as such, he deposed self contradictory statement and that P.W.9 is investigating officer of the case who submitted the charge‑sheet without proper investigation. It is further stated that learned Magistarate without considering the facts an...... This Case is also Reported in: 57 DLR (2005) 504. ......li Sadik on 24‑2-2004 at about 7‑45 AM and injured him severely and they later on entering into the underconstruction building of the informant damaged articles worth Taka 25,000 has no legal value in the eye of law unless such allegations are not established by convincing and credible..Category: Criminal Law | Date: 20 Apr, 2005 | Hits: 1
Sohel Rana (Md.) Sohel Rana (Md.) Vs. State, 2005, 34 CLC (HCD)
....us imprisonment for further one year. 2. It was further ordered for payment of a sum of Taka 40,000 out of the fine amount of Taka 50,000 to the victim informant by sale of movable and immovable property of the jail appellant by the Collector, Rangpur. 3. Initially, P.W.1 Mollika Begum lod......ellant. Fara Mahmuda, Assistant Attorney-General- For the Respondent. Jail Appeal No.327 of 2004. Judgment Sheikh Rezowan Ali J.- This jail appeal is directed against the judgment and order dated 27‑8-2003 passed by the learned Nari‑o‑Shishu Nirjatan Daman Tribunal (in......or information and necessary action. Send down the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ..Category: Criminal Law, Women and Children | Date: 19 Apr, 2005 | Hits: 1
Rafiqul Islam Mollah (Md.) Vs. State, 2005, 34 CLC (HCD)
.... bring money from her father. He further says that he does not know whether the accused was in his house in the night of occurrence. He denies the defence suggestion that he will be able to enjoy the property of the accused in case of his sentence of death or imprisonment. 24. P.W.8, Fazlul Huq......ellip;………Respondent Judgment April 19, 2005. Result: The death reference is rejected. Cases Referred to- Giasuddin Vs. State, 55 DLR 328; Shah Alam and others Vs. State, 42 DLR (AD) 31; State Vs. Md. Shafiqul Islam @ Rafiq and another, 43 DLR (AD) ...... of occurrence also indicates his complicity in the murder of his wife. It is further submitted that the victim was in the custody of the accused at the relevant time and the accused husband is under legal obligation to give an explanation as to how his wife met with her death in his house. In suppo..Category: Criminal Law | Date: 19 Apr, 2005 | Hits: 6
Asadul Hossain (Md.) Vs. State, 2005, 34 DLR (HCD)
....considering the depositions of the witnesses and evidence available on record we are of the view that the learned Special Tribunal Judge arrived at a decision which is based on sound reasoning and in proper appreciation of the evidence on record. To address the first contention of the learned Counse......espondent. Criminal Appeal No. 1381 of 2002 with Criminal Appeal No. 1396 of 2002 with Criminal Rule No. 152(R) of 2002. Judgment Md. Ashfaqul Islam J.- Criminal Appeal No.1381 of 2002 and Criminal Appeal No.1396 of 2002 preferred by the convict appellant Md. Asadul Hossain and Mukul ......use they belonged to police force. The learned Assistant Attorney-General also submits that even if the public seizure list witness does not support the prosecution case, in spite of that there is no legal bar in convicting the appellants on the unimpeachable evidence of police personnel. In support..Category: Arms Law, Criminal Law | Date: 11 Apr, 2005 | Hits: 9
Advocate Abu Zafor Siddique (Md.) Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....ned in the application that due to increase of the renewal fees and sickness of the petitioner he could not submit the application earlier but the petitioner deposited Taka 3000 in the bank through a proper chalan for renewal of the licence on the date of application. It has been stated that one Mr.......: Md. Awlad Ali J Md. Emdadul Huq J Advocate Abu Zafor Siddique (Md.)…………………………Petitioner Vs. Bangladesh and others……………………………&h...... fact that the respondents have not controverted the allegation made in the writ petition, the impugned Memo dated 17‑12‑2003 (Annexure-1) is declared to be without any lawful authority and of no legal effect. In the result, the Rule is made absolute. The respondents are directed to issue t..Category: Constitutional Law | Date: 2 Apr, 2005 | Hits: 4
Bangladesh rep. by Sec., Ministry of Works Vs. Mojibur Rahman and others, 2005, 34 CLC (AD)
....sion decreeing the suit. 2. The case of the plaintiff Mojibur Rahman and others was that his full brother proforma defendant No. 9 Syed Mahbubur Rahman was the owner of the suit property by virtue of permanent lease granted by the government on 10-9-1969 that he entered into a ......; Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Bangladesh represented by the Secretary, Ministry of Works........Appellant Vs. Mojibur Rahman and others ..................Respondents Judgment March 27, 2005. ...... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ..Category: Property Law | Date: 27 Mar, 2005 | Hits: 101
....r scandalizing the Court have become obsolete.
(2) The summary jurisdiction by way of contempt must be exercised with great care and caution and only when its exercise is necessary for the proper administration of law and justice.
(3) It is open to anyone to express fair, reaso......others...........Respondents
Judgment
March 21, 2005.
Result:
The application is disposed of.
Cases Referred to-
Case No.6506 of 2000, State Vs. Chief Editor Manabjamin and others; State Vs. Brahma Prakash, AIR 1950 All 556 (FB); AIR 1952 (SC) 152; AIR 1953 SC 195; 45 ......e effect it has upon the office; its dignity; its just weight; its hold upon the general confidence.
68. While it may be true that the selection of candidates for judges is generally left to the legal members of the (party) conventions, it is equally true that these legal members are not usuall..
Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7
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