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Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)
....t of the District Judge is the principal Civil Court of the District and an appeal lies from a judgment, decree or Order of a Family Court to the District Judge who is not a persona designata and the provision of Order XLI, rule 27 of the Code of Civil Procedure for additional evidence is applicable......edical College Hospital and she used to assist the defendant financially for prosecuting his studies and that the plaintiff in all paid about Taka 45.000 for the purpose of treatment of her father-in-law excluding financial support to the defendant while the defendant was a student. The plaintiff th..Category: Family Law | Date: 25 Jun, 2005 | Hits: 237
Md. Joinul Abedin Vs. Government of Peoples' Republic of Bangladesh, 2005, 34 CLC (HCD)
....pondent No.6. Superintendent and Ex-officio Secretary of the Managing Committee has filed affidavit-in-opposition stating, inter alia, that the Managing Committee of Doho Shuho Dakhil Madrasha as per provision of the Bangladesh Madrasha Education Board (Governing Bodies and Managing Committees) Regu......etency against the petitioner and he was condemned unheard in violation of the principle of natural justice. Only the Managing Committee of the Madrasa can terminate the petitioner in accordance with law. Any action taken by the Deputy Commissioner who has no role to play in the management and admin..Category: Civil Law | Date: 22 Jun, 2005 | Hits: 3
Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)
.... In the instant case the Revenue Authority had no legal authority to cancel the registered lease after about 18 years on 22‑2‑1992. The plaintiffs and their vendor were fully protected by the provisions of section 85 of the SAT Act……………...............(9) ...... this Court and obtained the present Rule. 7. Mr. TH Khan with Mr. Moinuddin, the learned Counsels appearing on behalf of the petitioners, submitted that both the Courts below committed error of law by not considering the grounds taken by the petitioners in the Courts below. He further submitte..Category: Property Law | Date: 19 Jun, 2005 | Hits: 3
Jamuna Television Limited and another Vs. angladesh and others, 2005, 34 CLC (HCD)
....ide, arbitrary and must be held to be of no legal effect. 32. Mr. AJ Mohammad Ali, learned Attorney-General, appeared on behalf of the respondent No.1 and 2. He took us through the relevant provisions of the Act and submitted that the government under sub‑section 2 of section 3 of the Ac......8‑4‑04 and 24‑3‑04 [Annexure-A, A(1), and A(2)] respectively issued by and on behalf of respondent Nos.1 and 2; and respondent Nos.3 and 4 should not be declared to have been made without any lawful authority and were of no legal effect and why they should not be directed to fix licence fees..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)
....s now are approached and answered. 28. In getting closer to the queries, meticulous assessment of fact and circumstances of the case, intensive appraisal of legal evidences and a legal survey of provision of law and legal aspects touching the case are, also, required. 29. Information about...... husband subsequently registered as first information report dubbing husband as perpetrator of crime. This case, also, presents a paradigm how a murder event could be carried to wrong side and son-in-law of a family, husband of deceased lady, could be sacrificed at altar of design programmed by fath..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. ...... the accused opposite parties and others alleging inter alia that a Title Suit No.125 of 1990 is pending in between the petitioner and the accused opposite party No.1. The accused persons made an unlawful assembly with a bad intention to do harm to the petitioner on the date of occurrence and e..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. ......t the accused person under sections 279/304(B) of the Penal Code which was read over and explained to the accused petitioner Md. Emarat Ali who pleaded not guilty and claimed to be tried according to law. 5. The prosecution has examined 3 witnesses in support of its case while the defence exami..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. ......d appellate Court affirmed the judgment and order of the learned Metropolitan Magistrate on 14‑5‑2002. After dismissal of appeal the appellant-petitioner did not surrender as per the Provision of law and the petitioner was arrested on 2-5‑2005 taking him into custody. 5. The appeal was di..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)
....rule 13 of the Code of Civil Procedure which was ultimately dismissed. However, the Settlement 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......dhury J.- This Rule Nisi was issued upon the respondents as to why the impugned Judgment and order dated 26-11-1995 (Annexure-C) passed by the respondent No.1 should not be declared to be without lawful authority and of no legal effect. Further, Rule was issued upon the respondent No.2 to show c..Category: Property Law | Date: 25 May, 2005 | Hits: 33
Abdul Momen Chowdhury and others Vs. Bangladesh and others, 2005, 34 CLC (HCD)
.... upon them that the muscleman, black marketer uneducated person should not have any chance of being elected as representative of the People and if unscrupulous persons are elected they will make provision for their self aggrandizement and will not represent the people by whom they are made repr......of utmost importance and they have right to elect or reject a candidate on the basis of antecedents and past performance of the candidate and whether they are competent to discharge the function as a law maker and represent the people in the House of the Nation. The further case of the petitioner is..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.
......AFM 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 jus..
Category: Others | Date: 23 May, 2005 | Hits: 13
New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)
....epresented in the same manner and accordingly the same was registered in favour of the Opposite Party No.1 under Application No.66879 on 5.9.2000 for ghee and butter oil in complete derogation of the provisions in Sections 10(1) and 8(a) of the Act where there is a prohibition against registration o......rogation of the provisions in Sections 10(1) and 8(a) of the Act where there is a prohibition against registration of identical or similar trade marks. It is submitted that given this position of the law the application so filed by the Opposite Party No.1 ought to have been refused by the Opposite P..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. ......l Code read with section 5(2) of the Prevention of Corruption Act for getting promotion submitting false HSC certificate to which the appellant pleaded not guilty and claimed to be tried according to law. 5. The prosecution has examined as many as 14 witnesses while the defence examined none. ..Category: Criminal Law | Date: 16 May, 2005 | Hits: 3
Sheikh Abdul Quddus Vs. Akram Sheikh @ Akram and others, 2005, 34 CLC (HCD)
....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 the provision of this section, the defence is to prove this alibi………….. (42)....... 31. In this context it must be remembered that the first information report is not the encyclopedia. It is neither the beginning nor the ending of every case. It is only a complaint to get the law or order in motion. It is only an initiative to move the machinery and to investigate into a cog..Category: Evidence Law | Date: 16 May, 2005 | Hits: 4
State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)
....der Vs. State reported in 28 DLR (AD) (1976)38 wherein it has held that: "Ordinarily criminal proceedings instituted against an accused person must be tried under the provisions of the Code and the said proceedings should not be generally interfered with at an i...... under the facts and circumstances of the case unless the accused-respondent had gone through the stage under section 265C of the Code of Criminal Procedure, as such High Court Division erred in law in quashing the proceeding. 8. Mr. T.H. Khan with Mr. Habibul Islam Bhuiyan, the le..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)
....irmed by Sahera Khatun in confirmation of the oral gift in favour of Anwari Khatun, that burden of establishing the fact that the property so listed and the list so published in the gazette under the provision of the Ordinance No. 54 of 1985 is valid, that the respondents are required to prove that ......igh Court Division in Writ Petition No. 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 Governmen..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 respondent No.2 cannot debar the petitioner to proceed with the construction as per plan submitted for their said complex. Therefore, the sanction shall be deemed to have been accorded under the provision of law and the respondents are stopped from refusing to give formal approval to the plan. ......alling upon the respondents to 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 fo..Category: Administrative Law, Company Law | Date: 9 May, 2005 | Hits: 9
Debobrota Baiddya @ Debu Vs. State, 2005, 34 CLC (HCD)
....purpose thereby committed the offence of child trafficking or an offence of kidnapping a child under sections 6 and 7 of the said Ain, 2000 respectively and also without taking into consideration the provisions of sections 265C and 265D with sections 222-223 of the Code of Criminal Procedure framed ......ation police submitted charge-sheet against the appellant for alleged exporting child Chinmoy as well as kidnapping the victim after calling from his house on making plea to go to private tutor for unlawful and immoral purpose under sections 6/7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000. 4. T..Category: Women and Children | Date: 9 May, 2005 | Hits: 84
Md. Abdul Halim Miah and others Vs. Bangladesh and Other, 2005, 34 CLC (AD)
....their ad hoc appointments. 4. In the meantime Ad hoc Service Counting (Seniority Determination) Rules. 1990 was published in Gazette Notification dated 8.11.1990 (Vide Annexure-K) and the relevant provisions of Rule 4 are quoted below: “৪। জৈষ্ঠতা নির্ধারন......1-79 at serial Nos. 115 of 1983 therein (Annexure—'N') and the remarks under clause 9 of the gradation list against the names of the writ petitioner-respondents unconstitutional, void and without lawful authority and further directing the writ respondent nos. 1-10 to follow the final gradation..Category: Employment/Service Law | Date: 9 May, 2005 | Hits: 119
Afzalul Haque (Md.) and others Vs. Md. Abdur Razzaque, 2005, 34 CLC (HCD)
....nant performs the conditions of the tenancy, provided that nothing in this sub-section (1) of section 18 of the Premises Rent Control Act shall apply where the tenant has done any act contrary to the provision of Clause (m), Clause (O) or Clause (P) of section 108 of the Transfer of Property Act. Th......s 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 through his lawyer to the defendant, for vacating the premises but in spite of receiving this notice the defenda..Category: Tenancy Law | Date: 4 May, 2005 | Hits: 25
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