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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. ......mstances, which clothe the petitioners with legal right to get seniority pursuant to the opinion of PSC, since there is no overriding public interest against their such expectation. 12. In the case of Chairman, Bangladesh Textile Mills Corporation Vs. Nasir Ahmed Chowdhury reported in 2002 ......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. ..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. ......y of Works. The Ministry deals, amongst others, with the management and control of the abandoned properties. The petitioner included the house No. 1-D/3-31, Mirpur, Dhaka, (hereinafter referred as case property), in the "Ka" list of abandoned properties, published in Bangladesh Gazette Extraordi......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. ..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. ......n 19(1) of the Premises Rent Control Act was registered as Judicial Miscellaneous No.50 of 1998. 4. The Petitioner examined himself, as P.W.1 and also adduced another witnesses in support of his case. The opposite party No.1 examined himself as P.W.1. 5. The Rent Controller by the Judgment......n support of his case. The opposite party No.1 examined himself as P.W.1. 5. The Rent Controller by the Judgment and order dated 18.2.1999 rejected the said application holding that there was no landlord and tenant relationship between the parties and the Petitioner was a licensee. Against that..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. ...... Dhaka New Market. There was a plan to demolish the chouchala structures in the area and to construct shops in multi-storied pucca building. The shop-keepers and hawkers in the area filed several cases in the Civil Court as well as in the High Court Division for allotment of shops by the Dhaka......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)
.... The office is directed to send a copy of this Court to the concerned Court positively within a period of 60 days from date. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 780. ...... they were customers of products as prepared by the plaintiff though, in fact, those were prepared by the defendants. The plaintiff made several other statements which are materials for proving their case during trial. 4. The suit was filed some time in 2000. The defendants duly entered appeara...... The office is directed to send a copy of this Court to the concerned Court positively within a period of 60 days from date. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 780. ..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. ......l be bound by the result." 8. In Subash Chandra Halder Vs. Abdul Bari, 1992 BLD (AD) 174 = 44 DLR (AD) 253 it has been laid down: "A Court may add a party even at the revision stage in a proper case and the minimum that is required, to be found in such a case is that the presence of such a par......In Waliullah Munshi Vs. Lodu Mia Patwary, 38 DLR (AD) 308 it has been stated: "It may be necessary to point out that the lessee may have more reasons or urgency to protect his interest in the suit land than the lesson. The interest of lesser and lessee may not always be the same so as to hold tha..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.
......e to hold that more than one auction sale under the aforesaid provisions is barred.
The statute provides that the auction sale process is to be completed first under section 33(1),(2),(3) and in case of failure to sell the property under the said provisions right under section 33(7) can be exer...... the facts and circumstances chronologically.
2. In Writ Petition No.3016 of 2004, Rule has been obtained by Arab Bangladesh Bank, 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 sh..
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. ...... said Appeal Case No.1480 of 1999 under Rules 31 of Tenancy Rules (Annexure-D) to the Writ Petition No.2175 of 2002. 14. The petitioners being aggrieved by the said notice of re-hearing of the case, filed instant Writ Petition No.2175 of 2002 and obtained Rule and an order of stay on 1.05.20......2002 contending, inter alia, that the husband of the petitioner No.1 and father of writ petitioner Nos.2-9, late Amir Hossain and his brother Sheikh Seraj Mia jointly purchased total 0.35 acres of land by registered sale deed No.2881 dated 22.06.45 appertaining to C.S. Plot Nos.96, 97.and 98 of M..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. ......motive. This places a duty on Courts/Tribunals to locate real offenders of sexual assault absolving innocent persons arraigned of charge of rape. Courts/Tribunals are, therefore, to address with such cases with proper approach, circumspection and utmost care disengaging ring of truth from falsehood ......ence of accused's connection with the crime. 9. The proposition of law enunciated by Superior Courts on the subject may profitably be adverted to. 10. Lord Reading, Lord Chief Justice of England in the King Vs. Baskerville (1916) 2 KB 653 observed: The rule, which according to the ca..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. ......Trade Marks Journal No.209 in the month of January, 2001. The respondent No.2 thereafter, filed notice of opposition to the application for registration of the said marks in Class-25 being opposition case No.1824/2001 contending inter alia, that since inception of their business the opponent, the re...... 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. ..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: ......ic Performance of Contract. The suit was subsequently transferred to the 3rd Court of Subordinate Judge (now Joint District Judge), Dhaka and was renumbered as Title Suit No. 3 of 1987. 3. The case of the plaintiff, in short, is that the defendant No. 1 entered into an agreement with hi......uit No. 737 of 1985 of the 2nd Court of Munsif (now Assistant Judge), Dhaka, the plaintiff learnt that the defendant No.1 as plaintiff filed the suit for recovery of khas possession of 1/3rd katha of land of Plot No.219 of Khatian No.6, of Mouza Ibrahimpur, P.S. Dhaka Cantonment, Dhaka against him a..Category: Contract Law | Date: 7 Feb, 2007 | Hits: 272
Ful Miah & others Vs. State, 2007, 36 CLC (HCD)
....odification of sentence. The connected Rule is also discharged with the modification as above. Send down the lower Court records. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 322. ......rial before the said Tribunal to face charge under sections 19A and 19(f) of the Arms Act. Some of the accused persons, pleaded not guilty and claimed to be tried. 3. Prosecution in support of its case examined 7 witnesses, of them Babul Singh (P.W.5) was not produced for cross-examination. Md. S......odification of sentence. The connected Rule is also discharged with the modification as above. Send down the lower Court records. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 322. ..Category: Criminal Law | Date: 25 Jan, 2007 | Hits: 26
Hafizuddin and another Vs. Moherjan & Others, 2007, 36 CLC (HCD)
....nj, is directed to dispose of the other class suit as expeditiously as possible after notifying all the concerned parties. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 88. ...... Case was contested on behalf of the petitioners. After closing of the evidence, on 8.7.1987, the opposite party Nos.1 to 11 filed an application for amendment of the petition of the miscellaneous case in order to insert the date of death of Amjad Hossain as on 28.7.1984. The learned Judge allow......nj, is directed to dispose of the other class suit as expeditiously as possible after notifying all the concerned parties. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 88. ..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. ......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, is that on 03.11.2001 at about 19:30 hours one Sheikh Abdul Baten as complainant fi...... 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. ..Category: Women and Children | Date: 19 Nov, 2006 | Hits: 11
State Vs. Md. Abdul Gofur, 2006, 35 CLC (HCD)
....general Cell of other under trial prisoners. Send down the L.C.Rs. along with a copy of the judgment to the Court below at Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 665. ......3.2003 and G.R.No.333(2)2003. The said condemned prisoner also preferred Jail Appeal 579 of 2003 which has been heard together and is going to be disposed of by this judgment. 2. The prosecution case may, in short, be stated as follows:- 3. The victim Rikta Begum @ Shilpi was younger siste......general Cell of other under trial prisoners. Send down the L.C.Rs. along with a copy of the judgment to the Court below at Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 665. ..Category: Criminal Law | Date: 19 Oct, 2006 | Hits: 6
State Vs. Shahid Javed Gaira @ Garib Miah and others, 2006, 35 CLC (HCD)
....mmissioner, Dhaka for taking necessary steps as directed in the body of this judgment. Send down the lower Court records at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 198. ......died while in custody on 10.3.2006, which has also been confirmed by a letter from the Senior Jail Superintendent, Dhaka Central Jail, Dhaka under Memo No.12299 dated 28.8.2006. 5. The prosecution case in brief is that at 9:30 p.m. on 14.3.98 the informant, Rokeya Begum found her husband, Gazi Li......vil Suit No.230 of 2002 against her. She stated that a false case had been filed against her husband because she was a witness in this case and denied having received any money as payment for sale of land. 13. Abul Hossain, deposing as P.W.5, stated in his examination-in-chief that he came to the..Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31
M. H. Monzur Vs. Md. Nuruzzaman and others, 2006, 35 CLC (HCD)
....ithin 6(six) months from the date of receipt of this order. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 220. ......ty No.2 as defendants, for declaration that the plaintiff is the legal allottee and tenant under defendant No.1. On transfer the suit was renumbered as Title Suit No.141 of 1999. 3. The plaintiffs case, in brief, is that he is the proprietor of Nazma Enterprise and income tax payee; that he is a ......ithin 6(six) months from the date of receipt of this order. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 220. ..Category: Procedural Law | Date: 21 Aug, 2006 | Hits: 42
Md. Chand Miah and others Vs. Md. Ibrahim and others, 2006, 35 CLC (HCD)
....tands vacated. 24. Communicated the order at once with a copy of the Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 306. ......for declaration that the registered kabala deed No.140 dated 13-01-1938 is collusive, fraudulent, void, forged and without jurisdiction and also for partition of the suit land. 3. The plaintiffs case, in brief, is that Habibulla father of plaintiff was the owner in possession of 19.90 acres of ...... of Subordinate Judge, Dhaka for declaration that the registered kabala deed No.140 dated 13-01-1938 is collusive, fraudulent, void, forged and without jurisdiction and also for partition of the suit land. 3. The plaintiffs case, in brief, is that Habibulla father of plaintiff was the owner in ..Category: Evidence Law | Date: 8 Aug, 2006 | Hits: 25
Mst. Kabita Khatun Vs. Md. Tarikul Islam (minor) and others, 2006, 35 CLC (HCD)
....mpugned 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. ...... and fraudulent. 4. The suit was contested by the present petitioners and the defendant Nos.1-4 denying the material allegations made in the plaint by filing written statement as defendants. The case of the defendants, in short, is that the suit is barred by limitation, is not maintainable in a......elation between the plaintiff No.1 and the defendant No.1 and still there is no relation between them. The character of the mother of the defendant No.1 is not also good. The defendant No.1 is a poor landless woman, who lives on working as maid servant in others family. Whereas the plaintiffs are re..Category: Women and Children | Date: 7 Aug, 2006 | Hits: 127
R.K. Jute Mills Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
..... The Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 579. ......denced by Annexure-E is illegal and without jurisdiction in view of the fact that excise duty is levyable at a point of time when the goods are taken out of the warehouse and in the instant case the finished goods were destroyed by accidental fire and therefore, there was no occasion on th....... The Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 579. ..Category: Business or Commercial Law | Date: 3 Aug, 2006 | Hits: 5
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