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....ny order as to costs. The order of stay granted at the time of issuance of the rule stands vacated.
Communicate the order at once.
Ed.
This Case is also Reported in: 14 MLR (HCD) (2009) 29.
......dly, whether notices/summons were properly served or not or whether the petitioner was a guarantor/a mere shareholder of the borrower company or borrowed money from the bank or not which are disputed question of facts and for which remedy lies in the Civil Court and not under summary Writ Jurisdicti...... notices/summons were properly served or not or whether the petitioner was a guarantor/a mere shareholder of the borrower company or borrowed money from the bank or not which are disputed question of facts and for which remedy lies in the Civil Court and not under summary Writ Jurisdiction………â..
Category: Banking Law | Date: 9 Aug, 2007 | Hits: 565
Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)
....d, as such, the same above the 6th floor is set aside. In the result, the appeals are allowed in part without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 28. ......fidavit, the writ-petitioners also annexed copies of photographs of about eleven high-rise building situated in and around the Tejgaon Airport. It was also asserted that Rangs Bhaban, the building in question, is out of the funnel and far away from the approach road of the airport. They also asserte......nstruction Act because the section clearly stipulates that the sanction can only be cancelled if there has been a breach of the terms and conditions of the sanction or concealment or mis-statement of facts and that in the instant case the respondents neither breached the terms and condiÂtions of th..Category: Property Law | Date: 2 Aug, 2007 | Hits: 114
Abdul Majid (Md.) Vs. State, 2007, 36 CLC (HCD)
....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. ...... accused Majid. This witness further admitted that Yeasin did not state to him that informant Khodeza told him that accused Majid entered into her hut by cutting thatched fencing. In reply to another question by the defence, this witness admitted that he did not show in his sketch map that the fence......the effect that the brother of accused and other relatives came to place of occurrence and snatched away accused Majid, in reply this witness disclosed that he stated to Investigating Officer all the facts. This witness could not mention the date and month of English calendar. This witness denied th..Category: Women and Children | Date: 24 Jul, 2007 | Hits: 159
Md. Hanifa and another Vs. State, 2007, 36 CLC (HCD)
....302/34 of the Penal Code, now pending in the Court of Magistrate, 1st Class, Narsingdi. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 66. ......302/34 of the Penal Code, now pending in the Court of Magistrate, 1st Class, Narsingdi. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 66. ......02/34 of the Penal Code, now pending in the Court of Magistrate, 1st Class, Narsingdi and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The short facts of the case are that one Billal Miah on 30.08.06 at 20:15 hours lodged a First Information R..Category: Criminal Law | Date: 17 Jul, 2007 | Hits: 3
....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.
......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.
......
2. The plaintiff
instituted a suit for a decÂlaration of his title and further declaration that
the plaintiff is maintaining his family indeÂpendently, separated from his
father. The short facts relevant for disposal of this appeal is that the suit
property originally belonged to Rabindr..
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. ......Satkhira in reversing the judgment and decree dated 26.9.1989 in Title Suit No.79 of 1986 passed by the Assistant Judge, Upazilla Shyam Nagar, District Satkhira dismissing the suit has been called in question. 2. Facts relevant for the purpose of disposal of the rule in short, are that the petiti......Siddique that as soon as the School building was shifted to a new site may be near by the gift being a conditional gift it is revoked and the land reverted to the donor or his legal heirs. But in the facts and circumstances as available from evidences I do not find so, and for establishment of a Sch..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. ......heir wedlock and that the victim has been living in accused house happily. In order to substantiate the prosecution case, the prosecution has examined as many as 16 witnesses. The pertinent question for determination is, whether the accused Roni Ahmed Liton @ Liton Ahmed Roni abducted the ......f the victim, lodged FIR with Shalla police station on 8-11-2003 against the accused Roni Ahmed Liton @ Liton Ahmed Roni under section 9 (1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000. 3. The facts of the case, in short, is that the accused is the distant nephew of the informant who used to ..Category: Women and Children | Date: 3 Jun, 2007 | Hits: 14
Al-Haj Abdul Maleque Gazi Vs. Government of Bangladesh, 2007, 36 CLC (HCD)
....e case, we do not find any substance in the instant Rule. The Rule is therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 184. ...... has been annexed as annexure-"C" series are created documents by the petitioner and the decision can not be taken on the basis of such documents. He further submits that there are disputed question of facts in the instant writ petition. He further submits that annexure- 'A' which ......o legal effect. 2. The petitioner challenged the legality and validity of acquisition of his homestead land (in part) in L.A. Case No.1 of 95-9o (Annexure-‘A’) 3. The short facts of the petitioner's ease is that the original owner of the land was Naida Bashi Chowkidar,..Category: Evidence Law | Date: 3 Jun, 2007 | Hits: 10
State Vs. Yeasin Khan Palash, 2007, 36 CLC (HCD)
.... 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. ......at the appellant Abdul Mannan alias Milon is guilty under sections 302/34 of the Penal Code and awarded death sentence relying on inconsistent testimony of the so-called eye witnesses as well as very questionable statement of convict Kala Polas recorded in Audio Cassette "Ext. IV". The learned Advoc......f answers given by prosecution witnesses in their cross-examination. Normally in examination-in-chief the prosecution witness speaks which are favourable to the party without disclosing the necessary facts which are in favour of the other side…………………………….(77) Cases Referred..Category: Criminal Law | Date: 3 Jun, 2007 | Hits: 20
State Vs. Monir Hossain & another persons, 2007, 36 CLC (HCD)
....n they were advancing towards the place of occurrence the accused- Labu Mallik did not allow them to go with an utterance that 35. P.W.7, Shamsul, is also found to say like P.W.6 by uttering the identical version relating the implication of the accused in the commission of the offence. He has a......eceived 14 bleeding injuries on his person including 3 injuries on the vital part of the body like head exposing grey materials there which can easily be considered as diabolical one as such even the question of commutation of sentence of death to imprisonment for life does not also arise. The learn......e did not visit the place of occurrence and recorded the statement of the witnesses. 53. Regard being had to the aforesaid feature of the evidence the learned Judge of the tribunal has found the facts and circumstance as highlighted by the prosecution good and favourable to fasten the..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. ......on the plaintiff. The plaintiff has been in possession in the suit land through Bargadar. The defendant Nos. 1-4 threatened the plaintiff with dispossession on 28-8-83 on the strength of the order in question dated 16-8-83 passed by the CO (Revenue) and, as such, the suit. 3. The defendants Nos......The plaintiff having failed to prove possession in the suit land was not entitled to get decree in the suit. (d) The judgment and decree impugned in the Rule being based on concurrent finding of facts are not liable to be disturbed in revision. 8. Mr. Rana relied upon the following case la..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. ......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. ......¦à§¬/৮৫ dated 17-5-2005 addressed to respondent No. 1, thereby promoting juniors to petitioners, till placement of petitioners in their rightful place, as per the opinion of PSC. 2. Short facts leading to this Rule are that the petitioners joined in Bangladesh Police Service in 1972. In..Category: Others | Date: 16 May, 2007 | Hits: 4
Bangladesh Vs. Chairman, First Court of Settlement and another, 2007, 36 CLC (HCD)
....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. ......ubmissions 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 for our consideration is, whether, the Court of Settlement rightly excluded th......nexure-A), passed by the First Court of Settlement, Dhaka, in Case No. 40 of 1995, excluding the holding No. 1-D/3-31, Mirpur, Dhaka, from the 'Ka' list of the abandoned properties. 2. Short facts leading to this Rule are that the petitioner is the People's Republic of Bangladesh, represen..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. ......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. ......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
Mohan Meah Vs. Dhaka City Corporation Mayour, Dhaka, 2007, 36 CLC (HCD)
....on of the Corporation. With the above observation, this Rule is disposed off. There will be no order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 927. ......on of the Corporation. With the above observation, this Rule is disposed off. There will be no order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 927. ......on of the Corporation. With the above observation, this Rule is disposed off. There will be no order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 927. ..Category: Civil Law | Date: 29 Apr, 2007 | Hits: 2
Dominous Pizza and others Vs. Domino's Pizza Inc., 2007, 36 CLC (HCD)
....toring, 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 similar or identical to the trademark 'Domino's Pizza and Logo' of the plaintiff. (c) A decree...... the plaint is appropriate in a passing off action under section 20(2) and the suit is not hit by section 73 of the Trade Marks Act. In the said decision it has been further held that, "the main question in a passing off case is, whether the defendants is passing off his goods as the goods of t......o the defendants, the plaintiff made statement in paragraph No. 12 which clearly indicates that the plaint is liable to be rejected. According to paragraph No. 7 of the application, standing from the facts stated in paragraph 12 of the plaint, it is apparent that the plaintiff has admitted that the ..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. ...... have been joined, whether as plaintiff or defendant, or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit, be added. 6. A plain reading of the provisions engrafted in sub-r......, Md. Zakir Hussain, Shahnaz Amir and Shahanaz Alam can be added as opposite parties in Civil Revision Case in hand. 2. The verdict proposed to be bestowed does not demand a detailed disclosure of facts except those which can shed light in resolving the war of words which are: A. Predecessors..Category: Procedural Law | Date: 4 Apr, 2007 | Hits: 32
....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.
......asers (respondent Nos.5 and 6 of Writ Petition No.3016 of 2004) contested the Rule in Writ Petition No.3016 of 2004 by filing Affidavit-in-opposition contending, inter alia, that the property in question has been sold in auction earlier pursuant to order passed in Execution Case No.126 of 2000 ...... Writ Petition No.5961 of 2004.
Writ Petition No.3016 of 2004 and Writ Petition No.5961 of 2004.
Judgment
Mirza Hossain Haider J.- This two writ petitions having arisen out of the same facts and relating to the same property which was put into auction and the respondent No.5 and 6 of ..
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. ......iable to be set aside. 20. We have heard the learned Advocates of both the parties and perused the writ petitions with the Annexures thereof and the Affidavit-in-opposition. 21. The moot question arises in the instant two writ petitions are that as to whether repeated appeal (2nd time ......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. ..Category: Property Law | Date: 7 Mar, 2007 | Hits: 10
Safazuddin and another Vs. State, 2007, 36 CLC (HCD)
....ond furnished by him stands discharged/cancelled. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 321, 13 BLC (HCD) (2008) 271. ......a sexual offence, coupled with other circumstances appearing in the case such, for example, as its demeanors, unlikelihood of tutoring and so forth, may render corroboration unnecessary but that is a question of fact in every case. The only rule of law is that this rule of prudence must be present t......ond furnished by him stands discharged/cancelled. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 321, 13 BLC (HCD) (2008) 271. ..Category: Women and Children | Date: 28 Feb, 2007 | Hits: 75
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