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Emarat Ali Vs. State, 2005, 34 CLC (HCD)
....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. ......ts of the case under consideration that the explanation given for the delay is sufficient, the discretion under section 5 of the Limitation Act should be exercised and the court should take a liberal view in considering the sufficient cause shown by the applicant. When the court is satisfied th..Category: Criminal Law, Limitation Law | Date: 14 Jun, 2005 | Hits: 1
Khaled Ahmed Chowdhury Vs. State, 2005, 34 CLC (HCD)
....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. ......on the part of the petitioner. This cardinal principle of out apex Court is very much in consonance with the spirit of the Limitation Act. The Limitation Act was enacted as far back as in 1908 with a view to putting an end to the litigation on the expiry of certain period prescribed therein. The nec..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)
....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. ......ement Case No.177 of 1988 was dismissed by the First Court of Settlement in flagrant violation of the relevant provisions of the Ordinance No.54 of 1985 by the Judgment and Order dated 26-11-1995. In view of the aforesaid decree of the civil Court, the First Court of Settlement was not legally justi..Category: Property Law | Date: 25 May, 2005 | Hits: 33
Abdul Momen Chowdhury and others Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....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. ...... judicial function." 5. He also referred to the case of Rashid Ahmed Vs. The State reported in 21 DLR (SC) 297. In that case also Pakistan Supreme Court held "Keening this principle in view, as also the Principle that in constitutional-Provision conferring a right the Courts ough..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)
....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. ......e words "Red Cow" together with the device of a cow represented in a special and particular manner in tin containers and in a colour combination quite distinctive in its presentation with a view to distinguishing their products. The Petitioner asserts that due to the superior quality of th..Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187
Muzaffar Hossain Sarker (Md.) Muzaffar Hossain Sarker (Md.) Vs. State, 2002, 31 CLC (HCD)
....s 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 judicial min...... advised to submit FRT in this case. He further deposed that at the instruction of higher authority the charge-sheet was submitted later on. In cross examination he categorically admitted that reviewing the case docket, he advised to submit FRT in this case. It appears from the deposition of P...Category: Criminal Law | Date: 16 May, 2005 | Hits: 3
Sheikh Abdul Quddus Vs. Akram Sheikh @ Akram and others, 2005, 34 CLC (HCD)
....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. ......hen it was started and to check up any subsequent embellishment or any departure from the case as it proceeds through different stages. 35. In the light of the above discussion, I am of the view that though the first information report is not the first and last word of a prosecution case y..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. ......of cases may also be indicated where the inherent jurisdiction can and should be exercised for quashing the proceeding. There may be cases where it may be possible for the High Court to take the view that the institution or continuance of criminal proceedings against an accused person may amoun..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)
....ted in the Government or that to establish the facts in the presence whereof the property can be listed as abandoned property and vests in the Government. This approach of the High Court Division was erroneous and as the High Court Division thereupon interfered with the judgment of the Court of Sett......obligation either to deny the facts alleged by the claimant or to disclose the basis of treating the property as abandoned property merely because the same is disputed by the claimants". Similar view has been expressed in the case of Hazerullah and another vs. Chairman, Ist Court of Settlement ..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 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. ......risdiction and without any lawful authority. The petitioner No.1 vide their letter dated 18‑11‑02 replied to the impugned letter dated 17‑11‑02 stating that such letter was surprising in view of the pendency of the formal approval of the plan already submitted and also for other reasons..Category: Administrative Law, Company Law | Date: 9 May, 2005 | Hits: 9
Debobrota Baiddya @ Debu Vs. State, 2005, 34 CLC (HCD)
....ganj PS Case No. 3 dated 3-11-2002 under sections 6/7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and he be discharged from his bail bonds. Ed. This Case is also Reported in: 58 DLR (2006) 71.......ld or for any purpose other than those mentioned in section 5 shall be punished with imprisonment for life or for a term not less than rigorous imprisonment for 14 years and also with fine. 15. In view of the above, essential ingredient is an unlawful or immoral purpose which must be established ..Category: Women and Children | Date: 9 May, 2005 | Hits: 84
Md. Abdul Halim Miah and others Vs. Bangladesh and Other, 2005, 34 CLC (AD)
....ive statutory backing to the circular and decisions, and the letter as aforesaid, the interpretation of Rule 4(2)(Gha) by the Appellate Division being inconsistent with the objects of the Rule is erroneous on the face of the record and therefore, the judgment ought to be reviewed. 21. Mr. T...... Present: Md. Ruhul Amin J Mohammad Fazlul Karim J MM Ruhul Amin J MA Aziz J Amirul Kabir Chowdhury J Md. Abdul Halim Miah and others ……………………Petitioners (In Civil Review Petition Nos. 44-45 of 2004) Md. Abdus Salam-2 ……………………Petitioners (In Civil..Category: Employment/Service Law | Date: 9 May, 2005 | Hits: 119
Afzalul Haque (Md.) and others Vs. Md. Abdur Razzaque, 2005, 34 CLC (HCD)
....s that the SCC Court while discussing the issues framed by it made observations that the suit is maintain courtable in its present form, not barred by limitation and the principle of res judicata but erroneously came to a finding that defendant is not a defaulter and the plaintiff is not entitled to...... the suit premises as a factory for making furniture as a result of which the floor of the premises has been damaged and, as such, the defendant is liable for eviction from the suit premises. In view of this, the plaintiffs served a notice under section 106 of the Transfer of Property Act throu..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)
....rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ......vernment did not file any written statement before the Court of Settlement. 4. The Court of Settlement by its judgment and order dated 10‑4‑1988 dismissed the case. A review application filed thereafter was also rejected. They therefore, moved the High Court Division i..Category: Property Law | Date: 4 May, 2005 | Hits: 115
....
Ghosh Street, Armanitola , Dhaka to its owners within 4(four) months from the
date of receipt of this order of this Court.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008)
73. ......on being L.A. Case No.71/76-77 was started in respect
of the said land but no order of requisition afresh was passed under section 3
of the Emergency Requisition of Property Act, 1948.
17. In view of the
above we are constrained to hold that this Rule has merit and the impugned auction
not..
Category: Property Law | Date: 3 May, 2005 | Hits: 3
M Moinul Khan Vs. State, 2005, 34 CLC (HCD)
....ection (1 Kha) of section 27 of the aforesaid Ain, 2000. Communicate a copy of the judgment and the order expeditiously to the Court below. Ed. This Case is also Reported in: 58 DLR (2006) 253. ......ction (8) of section 20 as amended by Act No. 30 of 2003 provides that for safe custody of a woman or child, while passing an order, the Tribunal would receive and consider his/her opinion keeping in view the welfare and interest of the woman or child concerned. Section 25 of the Nari-o-Shishu Nirja..Category: Women and Children | Date: 3 May, 2005 | Hits: 98
Md. Farid Uddin Ahmed Vs. Atahar Uddin and another, 2005, 34 CLC (HCD)
.... Send 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: 13 MLR (HCD) (2008) 186. ......ensrea which is necessary elements of offence punishable under section 5(2) of the said Act. 24. Having considered the facts and circumstances of the case and foregoing narrative we are of the view that the prosecution miserably failed to prove the charge under section 409 of the Penal Code..Category: Criminal Law | Date: 2 May, 2005 | Hits: 2
Md. Abdur Rahman Faroque Vs. Md. Shamsul Hoque and another , 2005, 34 CLC (AD)
....he background of the discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 181. ......uent inclusion of the ejectment suit has not changed the nature and character of the deposit or security in the S.C.C. Court in case of an application to set aside a decree passed ex parte or for a review of the judgment under section 17 (1) of the Act and that the provision in the proviso to sectio..Category: Civil Law | Date: 2 May, 2005 | Hits: 119
Anowar Hossain (Md.) and another Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....ejected without any order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 512. ......s therein at his risk and he cannot be saddled with third party against his will, when the Rule can be disposed of effectively in the absence of such third party (Ref 1995 BLD (AD) 12). We are of the view that the presence of the applicants is not necessary and the Rule can be effectively disposed o..Category: Civil Law | Date: 25 Apr, 2005 | Hits: 4
Montu and others Vs. State, 2005, 34 CLC (HCD)
....n dated 23‑5‑2004 passed by the learned Magistrate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504. ......an miscreants and some of them only come to the court to say that they did not know the accused persons or they did not dare to involve them in the occurrence in the context of realities. I am of the view that these P.W.2, P.W.4 and P.W.5 did not mention their names for the fear of their lifves. So,..Category: Criminal Law | Date: 20 Apr, 2005 | Hits: 1
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