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Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)
....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. ...... across such a weird scenario as the present ease has bestowed in a murder episode of a lady-two diametrically divergent versions, one set on roll by husband of deceased lady on lodgment of a first information report with Police Station which was drafted and processed by father of deceased lady and ......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. ...... State of Kerala and others Vs. Revada Chandrasekhar and others, 2001 SCC (Crl) 1048; Woolmington Vs. Director of Public Prosecutions, (1935) AC 462; Zilu Mia and others Vs. State, 1988 BLD 418. Lawyers Involved: Mahbubur Rahman with Zainal Abedin and Md. Abu Taher, Advocates- For Convict..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
Hamida Begum Vs. Mosharef Hossein Sikder and others, 2005, 34 CLC (HCD)
....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. ......between the petitioner and the accused opposite party No.1. The accused persons made an unlawful asÂsembly with a bad intention to do harm to the petitioner on the date of occurrence and enÂtered forcefully to the dwelling house of the petitioner situated in plot No.1332 under the Bakargathi M......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. ......€¦â€¦Petitioner Vs. Mosharef Hossein Sikder son of Late AbÂdul Mannan Sikder and others………………State Judgment June 15, 2005. Result: Rule is absolute. Lawyers Involved: Khurshid Alam Khan, Advocate-For the Petitioner. A.B.M. Waliur Rahman K..Category: Criminal Law | Date: 15 Jun, 2005 | Hits: 2
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. ......5. Result: The Rule is made absolute. Under section 5 of the Limitation Act, the petitioner is entitled to condonation of delay if he can satisfy the court that he had sufficient cause for not making the application within the period fixed by statute. Where the Court before exerc......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. ......p;…..(28-30) Cases Referred to- Masum Ali and others Vs. State, 37 DLR 261; Montu Miah Vs. Akhlakur Rahman, 28 DLR 74; Jamir Hossain and others Vs. Crown, PLD 1949 (Lahore) 179. Lawyers Involved: Abdul Matin Khasru with Habibur Rahman and Farhad Ahmed‑ For the Petitioner..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. ......ued calling upon the Deputy Commissioner, Dhaka to show cause as to why the delay of 1710 days in filing the Criminal revisional application should not be condoned. 2. Heard the learned Advocate for the petitioner and learned Assistant Attorney-General for the State. Perused the application and......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. ......y Commissioner, Pabna Vs. Md. Kobad Ali and others, 39 DLR (AD) 205; Government of the People's Republic of Bangladesh and another Vs. Md. Abdul Gafur Pramanik and others, 1994 BLD (AD) 234. Lawyers Involved: Abdul Mannan Bhuiyan, Advocate- For the Petitioner. MU Ahmed, Assistant ..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. ......inistry of Works, Dhaka 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 -......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. ......LR (AD) 16; Secretary, Ministry of Works, Dhaka 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, D..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. ......thers............Petitioner Vs. Bangladesh and others.............................Respondents Judgment May 24, 2005. Result: The Rule is made absolute. Directions sought for the petition to be allowed. Cases Referred to- Mujibur Rahman Vs. Bangladesh, 44 DLR (......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. ...... India Vs. Association for Democratic Reforms, (2002) 5 SCC; People's Union for Civil Liberties (PUCL) Vs. Union of India (2003) SCC, 399; Dr Mohiuddin Faruque Vs. Bangladesh, 49 DLR (AD) 1. Lawyers Involved: Dr. Kamal Hossain, with Abdul Momen Chawdhury (InPerson) Advocates—For ..Category: Election Law | Date: 24 May, 2005 | Hits: 11
....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.
......of Court and also a criminal offence
and is liable to be proceeded against on all these Court. Freedom of speech and
expression dose not embrace a right of the lawyers to strike and or give a call
for boycott or abstention of Courts taking out procession in and around the Courts,
shouting slogan......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.
......citizen a right to have unimpeded
access to justice and to the Courts of law, it is the Constitutional duty of
this Court to protect such right by ensuring uninterrupted functioning of this Court.
Lawyers have no right to strike i.e. to abstain from appearing in the Court or
boycott the Court in..
Category: Others | Date: 23 May, 2005 | Hits: 13
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. ......-in-interest of the Petitioner") who, being engaged in the business of manufacturing, importing and marketing of powder milk, butter oil, condensed milk etc. including milk products in all their forms in Class- 29 throughout the world and having acquired a reputation for the unrivalled quality ......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. ...... New Light Chemical Industries Vs. Registrar of Trade Marks and Another, PLD 1963,Dacca 75 at para. 7, pg. 79; Hyde's Tm (1878) 7Ch D 724; BCIC Vs. Sattar Match Works, 44 DLR (AD) 1992, 208. Lawyers Involved: Mahmudul Islam, Senior Advocate with Moazzem Hossain, Advocate and Ziaul Hasa..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. ......ict and Sessions Judge), Comilla in Special Case No.118 of 2001 convicting the accused appellant under section 471 of the Penal Code and sentencing him thereunder to suffer rigorous imprisonment for 1 (one) year and to pay a fine of Taka 1000 in default to suffer rigorous imprisonment for 3 (th......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. ......llip;…………………………………Respondent Judgment May 16, 2005. Result: The Appeal is allowed. Lawyers Involved: Nazrul Islam, Advocate- For the Appellant. MU Ahmed, Assistant Attorney-..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. ......mber of witnesses, nor the quantity of evidence is material. It is the quality that matters. It appears that the accused persons are "daredevils of the locality". No one was willing to come forward to depose against them. In such circumstances there should not be insistence that there shou......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. ......lip;.. (42) Cases Referred to- Al Amin and others Vs. State, 51 DLR 154; Nayan Vs. State, 37 DLR 237; State Vs. Basirullah, 16 DLR 189; Mafu alias Mafizuddin Gazi Vs. State, 31 DLR 16. Lawyers Involved: Md. Abdul Awal, Advocate‑ For the Petitioner. MU Ahmed, Assistant Atto..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. ......r Razzaque Khan, Additional Attorney General (Abdur Rouf, Deputy Attorney General and Faisal H. Khan, Assistant Attorney General with him), instructed by Mvi. Md. Wahidullah, Advocate-on-Record, for the Appellant (in all the appeals). T.H. Khan, Senior Advocate, (Habibul Islam...... 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. ......5. Cases Referred to- Abdul Quader Vs. State, 28 DLR (AD) (1976)38, Ghulam Muhammad Vs. Muzammel Khan, P.L.D. 1967 (SC) 317, Gianchand Vs. State, 1968 Pakistan Criminal Law Journal (S.C.) 764, R. P. Kapur Vs. State of Punjab, A.I.R. 1960 (SC) 866, M.S. Khawaja Vs. Stat..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)
....background of the discussions made hereinabove we find merit in the appeal. 18. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......d the case and thereupon declared that the property in question is an abandoned property and the listing thereof is quite legal. 3. The case of the respondent No. 1, who was petitioner before the Court of Settlement, was that property in question was allotted on 24‑8‑1957 to......background of the discussions made hereinabove we find merit in the appeal. 18. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......h vs Md. Shajahan 2000 BLD (AD) 166 = 5 BLC (AD) 25; Asma Begum vs Bangladesh and others 2001 BLD (AD) 134; Mostafa Kamal vs. First Court of Settlement and others 48 DLR (AD) 61. Lawyers Involved: AJ Mohammad Ali, Attorney‑General, instructed by Mvi..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. ......5/2202/599/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 plan of the project on the basis of application dated 12‑9‑01 an...... 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. ........Respondent Judgment May 9, 2005. Result: The Rule is made absolute. Case Referred to- Authorised Officer, DIT Dacca Vs. Mr. AW Mallik and others, 20 DLR (SC) 229. Lawyers Involved: Rafique‑ul Huq with Ahsanul Karim and Faheemul Huq- For the Petitioners. ..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.......2003 arising out of Gopalganj Police Station Case No. 03 dated 3-11-2002 framing charge under section 6/7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 against the appellant. 2. The material facts for disposal of the appeal are that on 3-11-2002, one Chitta Ranjan Roy Karmaker as informant lodged......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.......………………………..Respondent Judgment May 9, 2005. Case Referred to- Nazrul Islam vs. State, 50 DLR 103, Khondker Moniruzzaman vs. State, 1997 BLD (AD) 54 = 1 BLC (AD) 226. Lawyers Involved: Md. Shamsul Huda, Advocate—For the Appellant. Nikhilesh Dutta, Deputy Atto..Category: Women and Children | Date: 9 May, 2005 | Hits: 84
Md. Abdul Halim Miah and others Vs. Bangladesh and Other, 2005, 34 CLC (AD)
....received our due notice in the judgment sought to be reviewed." These petitions are, accordingly, disÂmissed. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 10, 12 MLR (AD) 2007, 209 ......h Packages Ltd. Vs. Member, Labour Appellate Court, Dhaka and others, 52 DLR (AD) 160. Lawyers Involved: Abdul Wadud Bhuiyan, Senior AdÂvocate, instructed by Fakhrul Islam, Advocate-on-Record, for the petitioners. (In Civil Review Petition 44, 45 & 51 of 2004). T.H. Khan, Senior Advoca......received our due notice in the judgment sought to be reviewed." These petitions are, accordingly, disÂmissed. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 10, 12 MLR (AD) 2007, 209 ......ons are disÂmissed. Cases Referred to- BangÂladesh Vs. Azizur Rahman and others, 46 DLR (AD) 19; Zenith Packages Ltd. Vs. Member, Labour Appellate Court, Dhaka and others, 52 DLR (AD) 160. Lawyers Involved: Abdul Wadud Bhuiyan, Senior AdÂvocate, instructed by Fakhrul Islam, Advocate-o..Category: Employment/Service Law | Date: 9 May, 2005 | Hits: 119
Afzalul Haque (Md.) and others Vs. Md. Abdur Razzaque, 2005, 34 CLC (HCD)
....landlord petitioners. Send down the lower Court's record with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 185. ......e 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, Rajshahi for a decree for eviction of defendant No.1 from the suit premises as mentioned in the schedule of t......landlord petitioners. Send down the lower Court's record with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 185. ...... competent to interfere with the Judgment of Court below only when there is a misreading and non-consideration of evidence or there is misconstruction of document. ....................(10) Lawyers Involved: Md. Abdus Samad with MGH Ruhullah, Advocates - For the Petitioners. ..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. ......ka, while they were permanent residents and nationals of Bangladesh. The premises in dispute originally belonged to Shamsuddin Ahmed consisting of 144 sq. yds. of land which was given on lease to him for a period of 99 years and on which he built one room. In compliance with the registered standard ......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. ......f abandoned properties as the declaration of the same as abandoned property was infringement of the very valuable fundamental right of the citizen..............(11) Lawyers Involved: AJ Mohammad Ali, Attorney‑General, instructed by Ahsanullah Pat..Category: Property Law | Date: 4 May, 2005 | Hits: 115
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. ...... Nirjatan Daman Case No. 1 of 2004 rejecting the inquiry report submitted by the Magistrate, 1st Class, Sylhet. 2. In the instant case the complainant M Moinul Khan filed a petition of complaint before the Nari-o-Shishu Nirjatan Daman Tribunal, Sylhet stating, inter alia, that his sister Mst Paru......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. ......Abdul Hye J M Moinul Khan………………………………………Appellant Vs. State…………………………………………………..Respondent. Judgment May 3, 2005. Lawyers Involved: Md. Showkat Ali Khan with Rehan Husain, Advocates—For the Appellant. Md. ..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. ......e appellant as complainant filed a petition of complaint in the Court of Senior Special Judge, Narayanganj against the accused-respondents alleging, inter alia, that the accused Atahar Uddin Ahmed former manager and accused Md. Momin Ali Bepari former Senior Officer of Islami Bank Bangladesh Lim...... 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. ...... 13 MLR (HCD) (2008) 161; AIR 1936 (Pc) 53; Abul Kalam Azad Vs. The State, 48 DLR 294; Nagandra Chandra Sarker Vs. Aftab Uddin, 15 BLD (AD) 133; Alauddin and others Vs. The state, 4 BLD 75. Lawyers Involved: Muhammad Nazrul Islam, Advocate - For the appellant. None appears - For..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. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Respondent Judgment May 2, 2005. Result: The appeal is dismissed. The Small Cause Courts Act, 1887 (IX of 1887) Proviso to Section 17(1) Whether for setting aside of an ex parte decree for ejectment of a monthly tenant passed in a small cause su......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. ......; A.K. Murshed Ahmed Vs. Md. Meher Ali and others, 35 DLR (AD) 178; Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 37 DLR (AD) 174; Kedarnath Vs. Mohan Lal Kejar Wari and others, AIR 2002 SC, 582. Lawyers Involved: M. Amir-ul-lslam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-..Category: Civil Law | Date: 2 May, 2005 | Hits: 119
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