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Shamsur Rahman Khalifa Vs. Jagodish Chandra and Others, 2007, 36 CLC (HCD)
.... by (the concerned CO (Revenue), the defendant No.5, were illegal, void, without jurisdiction and not binding upon the plaintiff. He further submitted that both the Courts below upon misconception of law and fact have dismissed the suit. He further submitted that the plaintiff proved his continuous ......ourt High Court Division (Civil Revisional Jurisdiction) Present: Shahidul Islam J Shamsur Rahman Khalifa......................Plaintiff-Petitioner Vs. Jagodish Chandra and Others.....................Defendants-Opposite Parties Judgment May 27, 2007. ......in favour of the plaintiff. Long after expiry of the stipulated period the defendant Nos. 1-4 filed a Miscellaneous Case being No.50/1982-83 before the concerned CO (Revenue) and got an ex parte order on 14-11-82 allowing redemption of mortgage on the strength of the agreement dated 16-11-1959...Category: Property Law | Date: 27 May, 2007 | Hits: 9
Faruk Ahmed and another Vs. Bangladesh, 2007, 36 CLC (HCD)
....mply and give effect of such opinion, but without doing so the respondent No. 1 is trying to bypass the opinion and giving promotions to juniors of the petitioners, which is a flagrant violation of law and rules, applicable in this regard. 6. Mr. Md. Jafar Imam, the learned Assistant Attorn......d in: 61 DLR (HCD) (2009) 151. ...... Vs. Bangladesh represented by Secretary, Ministry of Home Affairs and another………..Respondents Judgment May 16, 2007. Result: The Rule is made absolute without any order as to cost. Cases Referred to- Chairman, Bangladesh Textile Mills Corporation Vs. ..Category: Others | Date: 16 May, 2007 | Hits: 4
Bangladesh Vs. Chairman, First Court of Settlement and another, 2007, 36 CLC (HCD)
....ot present in Bangladesh and whose whereabouts were not known after President's Order No. 16 of 1972 came into operation. So, the property was rightly enlisted as abandoned property by operation of law. The learned Counsel adds that the Court of Settlement most erroneously shifted the onus upon ...... Present: ABM Khairul Haque J SM Ziaul Karim J Bangladesh, represented by the Secretary, Ministry of Works………… Petitioner Vs. Chairman, First Court of Settlement and another............Respondents Judgment May 6, 2007. Result: The Rule is ma......ks………… Petitioner Vs. Chairman, First Court of Settlement and another............Respondents Judgment May 6, 2007. Result: The Rule is made absolute without any order as to cost. Cases Referred to- Government of Bangladesh, represented by the Secret..Category: Property Law | Date: 6 May, 2007 | Hits: 5
S. M. Rafiqul Islam Vs. Md. Monjurul Islam, 2007, 36 CLC (HCD)
....cation made section 19(1) of the Premises and Rent Control Act it appears that the petitioner without depositing any rent with the Rent Controller had submitted an application which is not tenable in law. 11. Section 19(1) of the Premises and Rent Control Act reads thus:- "19. Deposit......ears - For the Opposite Party. Civil Revision No.2951 of 2002. Judgment Shahidul Islam J.- By this Rule the Opposite Party was called upon to show cause as to why the impugned Judgment and order dated 27.4.2000 passed by the learned Joint District Judge, 3rd Court, Rangpur in Miscella...... - For the Opposite Party. Civil Revision No.2951 of 2002. Judgment Shahidul Islam J.- By this Rule the Opposite Party was called upon to show cause as to why the impugned Judgment and order dated 27.4.2000 passed by the learned Joint District Judge, 3rd Court, Rangpur in Miscellaneou..Category: Tenancy Law | Date: 3 May, 2007 | Hits: 149
Mohan Meah Vs. Dhaka City Corporation Mayour, Dhaka, 2007, 36 CLC (HCD)
....wer of attorney supporting his authority to swear the affidavit. Rule 1, Order III of the Code of Civil Procedure provides that any application or act in or to any court required or authorised by law to be made or done by a party in such court, may, except where otherwise expressly provided .................Respondents Judgment April 29, 2007. Result: The Rule is disposed off. Nature of writ proceedings Writ proceedings are essentially civil proceedings and the substantive rules of the Civil Procedure Code will apply. Rules of procedure, however, shou......Complex to the petitioner pursuant to the compromise, Annexures D, E and F recorded in Writ Petition No.32 of 1987 and Writ Petition No.372 of 1989 respectively and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts relevant for the disposal of..Category: Civil Law | Date: 29 Apr, 2007 | Hits: 2
Dominous Pizza and others Vs. Domino's Pizza Inc., 2007, 36 CLC (HCD)
....ment of their trade mark, and thereby the suit is very such entertainable and there is no reason for rejection of the plaint. According to the plaintiff, it is an established and settled principle of law that an action for passing off is maintainable even without having registration of trade mark an....... This Case is also Reported in: 61 DLR (HCD) (2009) 780. ...... the Opposite Party. Civil Revision No.4128 of 2004. Judgment Bijan Kumar Das J. -This Rule was issued calling upon the opposite party to show cause as to why the impugned judgment and order dated 5-5-2005 passed by the learned Additional District Judge, 7th Court, Dhaka in Title Suit..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. ...... cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 46. ......lumbered as Miscellaneous Case No. 28 of 1995. F. In the said Miscellaneous Case Chameli Glass Works represented by its proprietors had been made opposite parties through their Attorney by Court's order dated 26-6- 2005. G. Ms. Chameli Glass Works represented by their proprietors had not been ..Category: Procedural Law | Date: 4 Apr, 2007 | Hits: 32
....nnot be realized, the interest of the decree holder is not frustrated. Rather the decree holder can enjoy the benefit of the decree by enjoying the ownership of the property in any manner as its lawful owner…….. (19-21)
Cases Referred to-
Dr. M.O. Ghani Vs. Dr. A.N.M. Ma......ain Hider J
Farah Maybug J
Arab Bangladesh Bank Limited, Motijheel Branch, Dhaka ………………Petitioner
Vs.
Judge, Artha Rin Adalat No.3, Dhaka and others……………………Respondents
(Writ Pet......nk, a financial institution incorporated under the laws of the land, calling upon the respondent No.1 i.e. the Judge, Artha Rin Adalat No.3, Dhaka "to show cause as to why the impugned order No.69 dated 28.10.2003 (Annexure-G) passed by the Artha Rin Adalat No.3, Dhaka, respondent No...
Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6
Most. Azmiri Begum and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....nt No.5 fixing date of rehearing of Settlement Appeal Case No.1480 of 1999 again on 22.04.2002 as contained in Annexure-'D' (wrongly typed as H) should not be declared to have been issued without lawful authority and is of no legal effect and as to why direction should not be given upon the res......7 MLR (HCD) (2012) 400. ......nts (In both the writ petitions). Writ Petition Nos.2175 of 2002 and 529 of 2003. Judgment Mir Hashmat Ali J.- The petitioner of these two writ petitions challenged the Judgment and order dated 20.01.2002 Annexure-C and notice dated 15.4.2002, Annexure-D to the Writ Petition No.2..Category: Property Law | Date: 7 Mar, 2007 | Hits: 10
Safazuddin and another Vs. State, 2007, 36 CLC (HCD)
....neral and Shirin Afroz, Assistant Attorney-General - For-State-Respondent. Criminal Appeal No.2909 of 2004. Judgment AK Badrul Huq J.- Rape apart from being a dehumanizing act is an unlawful intrusion on the right of privacy and sanctity of a women/girl. Rape not only is a crime agai......) (2007) 321, 13 BLC (HCD) (2008) 271. ......ercourse is true. Further observation is: In a case of this kind where the evidence and condition of the prosecutrix form the only evidence which the court has to go upon it is necessary in order to sustain a conviction that it should at least be found that the woman's statement is in acco..Category: Women and Children | Date: 28 Feb, 2007 | Hits: 75
Sunil Kumar Das Vs. Deputy Registrar of Trade Marks and another, 2007, 36 CLC (HCD)
.... 7. In view of the above there is no merit in this appeal and the appeal is dismissed with cost of Tk. 10,000 (ten thousand). Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 423. ......hellip;……………………………………………Appellant Vs. Deputy Registrar of Trade Marks and another……………………………R......ul Islam-For the Respondent No.2. Trade Mark Appeal No. 21 of 2003. Judgment Md. Awlad Ali J.-This appeal under section 76 of the Trade Marks Act, 1940 arises out of judgment and order dated 29.09.2002 passed by the Deputy Registrar of Trade Marks in Opposition Case No. 1824/200..Category: Intellectual Property Law | Date: 15 Feb, 2007 | Hits: 34
Md. Afazuddin Vs. Md. Ataur Rahman & another, 2007, 36 CLC (AD)
.....50,000/- (fifty thousand) as further soletium in favour of the appellant within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: ......e, instructed by Md. Nawab Ali, Advocate-on-Record- For the Respondents. Civil Appeal No.173 of 2003. Judgment MM Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 28.01.2002 passed by a Division Bench of the High Court Division in Civil Revision N......nstructed by Md. Nawab Ali, Advocate-on-Record- For the Respondents. Civil Appeal No.173 of 2003. Judgment MM Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 28.01.2002 passed by a Division Bench of the High Court Division in Civil Revision No. 3..Category: Contract Law | Date: 7 Feb, 2007 | Hits: 272
Ful Miah & others Vs. State, 2007, 36 CLC (HCD)
....ion is whether the conviction of all the accused persons under section 19A of the Arms Act and the conviction of Rajah Ali, Kajal Miah and Ishaq Miah under section 19(f) of the Arms Act is tenable in law or not. 15. According to the prosecution version, the accused persons were arrested jointly w......ddin Md. Aminur Rahim, Deputy Attorney-General - For the State. Criminal Appeal No.1778 of 2003. Criminal Miscellaneous Case No.9275 of 2005. Judgment Surendra Kumar Sinha J.- This appeal and the Rule arose from the Judgment and order dated 13.5.2003 of the special Tribunal No.4, Habigon......neral - For the State. Criminal Appeal No.1778 of 2003. Criminal Miscellaneous Case No.9275 of 2005. Judgment Surendra Kumar Sinha J.- This appeal and the Rule arose from the Judgment and order dated 13.5.2003 of the special Tribunal No.4, Habigonj in Special Tribunal Case No.40 of 1999...Category: Criminal Law | Date: 25 Jan, 2007 | Hits: 26
Hafizuddin and another Vs. Moherjan & Others, 2007, 36 CLC (HCD)
....bmitted that even the petition for setting aside the order of abatement was also not made within the period of limitation of 60 days thereafter. Under such circumstances, the learned Judge erred in law as well as in facts in allowing the petition filed under Order XXII rule 9(2) of the Code, by ......d parties. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 88. ......ff filed an application before the said Court, disclosing the death of Amjad Hossain, the sole plaintiff and prayed for substituting them as his legal heirs. The learned Judge after hearing, by his order dated 15.1.1985, rejected their said petition and recorded abatement of the suit. On 9.2.1985..Category: Procedural Law | Date: 16 Jan, 2007 | Hits: 3
Md. Kamruzzaman Babul and others Vs. State and another, 2006, 35 CLC (HCD)
.... of 2001 under sections 6(1)/7/30 of Nari-O-Shishu Nirjatan Daman Ain, 2000 is quashed. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 68. ......ported in: 13 MLR (HCD) (2008) 68. ......ections 6(1)/7/30 of the Nari-O-Shishu Nirjatan Daman Ain, 2000 now pending in the Court of Nari-O-Shishu Nirjatan Daman Tribunal No.4, Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The prosecution case, in short, ..Category: Women and Children | Date: 19 Nov, 2006 | Hits: 11
State Vs. Md. Abdul Gofur, 2006, 35 CLC (HCD)
..... 5. At the trial, the prosecution examined 11 witnesses out of 15 cited witnesses of the charge sheet and the defence side availed opportunity of cross-examining them through State defence lawyer without adducing any defence witness. 6. The defence version as available from the trend......llip;…………………………….Condemned-Prisoner Judgment October 19, 2006. Result: The Death reference is rejected and the Jail Appeal is allowed. Cases Referred to- Gourango Kumar Shaha Vs. State, 2 ......imposed upon the condemned prisoner Md. Abdul Gofur on his conviction under section 11(Ka) of the Nari-O-Shishu Nirjaton Damon Ain, 2000 (herein after will be called as Ain, 2000) by the judgment and order dated 2.9.2003 passed in Nari-O-Shishu Nirjaton Damon Case No.896 of 2003 arising out of Jamal..Category: Criminal Law | Date: 19 Oct, 2006 | Hits: 6
State Vs. Shahid Javed Gaira @ Garib Miah and others, 2006, 35 CLC (HCD)
....ters. She identified Eunus Mollah, Ismail Mollah Galu, Shahid Javed Gaira, Shahjahan, Mohsin and others in the dock. In her cross-examination she stated that she now lives at the house of her aunt-in-law at No.12 Juriatuli and at the time of occurrence she lived with her family at 64 Juginagar Lane ......n (Criminal Jurisdiction) Present: Md. Imman Ali J AKM Fazlur Rahman J The State…………………………………………..Appellant Vs. Shahid Javed Gaira @ Garib Miah and others……………………………Opposite Parties Judgment August 29, 2006. Resu......h imposed upon accused Shahid Javed Gaira alias Garib Miah, Ismail Mollah alias Galu and Sundar Babu son of Afzal Hossain upon their conviction under Sections 302/34 of the Penal Code by judgment and order dated 18.8.2004 in Metropolitan Sessions Case No.2248 of 2001. By the same judgment five other..Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31
M. H. Monzur Vs. Md. Nuruzzaman and others, 2006, 35 CLC (HCD)
....endment. She adds that the proposed amendment of the plaint will change the nature and character of the suit and the learned Judge of the trial Court by allowing the application committed an error of law resulting in an error in the decision occasioning failure of justice. In support of her contenti......esent: Siddiqur Rahman Miah J Syed Mohammad Ziaul Karim J M. H. Monzur………………………………………………………………………..Petitioner Vs. Md. Nuruzzaman and others……………………………………………….Opposite Parties Judgment Au......dul Quyum, Senior Advocate-For the Opposite Party No.1. Civil Revision No.1729 of 2000. Judgment Syed Mohammad Ziaul Karim J.- This Rule, calls in question, the legality and propriety of the order dated 25-10-1999 passed by the learned Subordinate Judge and Judge of the Artha Rin Adalat No...Category: Procedural Law | Date: 21 Aug, 2006 | Hits: 42
Md. Chand Miah and others Vs. Md. Ibrahim and others, 2006, 35 CLC (HCD)
....e submits that there being no difficulties in comparing her LTI's with the LTI's of the register. He adds that the learned Subordinate Judge without considering the same committed an error of law resulting in an error in the decision occasioning failure of justice. 9. No one appears on ...... This Case is also Reported in: 15 BLT (HCD) (2007) 306. ......Judge, Third Court, Dhaka in Title Suit No.138 of 1991 rejecting the petitioners prayer for comparison of the disputed L.T.I.'s of Fuljan Bibi should not be set aside and or such other or further order or orders passed as to this Court may seem fit and proper. 2. Short facts leading to this..Category: Evidence Law | Date: 8 Aug, 2006 | Hits: 25
Mst. Kabita Khatun Vs. Md. Tarikul Islam (minor) and others, 2006, 35 CLC (HCD)
.... a proper judgment of reversal inasmuch the finding of the trial court on different issues have not been controverted or set aside by the appellate court. The appellate court committed gross error of law in not holding that exhibit-1 being a registered kabinnama there is a presumption of genuineness...... Present: Md. Abdul Matin J ATM Fazle Kabir J Mst. Kabita Khatun………………………………………………………petitioner Vs. Md. Tarikul Islam (minor) and others…………………………opposite Party Judgment August 7, 2006. Resu......g and is liable to be set aside. 17. In the result this rule is made absolute and the impugned judgment and decree are set aside and this those of the trial Court are confirmed there shall be no order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 225. ..Category: Women and Children | Date: 7 Aug, 2006 | Hits: 127
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