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Ms. Ok Kyung Oh Vs. State, 2006, 35 CLC (HCD)
....mplaint in Nari-O-Shishu Case no.18 of 2005 by Nari-O-Shishu Nirjatan Daman Tribunal, is upheld. 24. Copy be sent down accordingly. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 26. ......lt: The appeal is dismissed. A Magistrate holding an enquiry under section 202 of the Code has no jurisdiction to weigh evidence in order to find out if prosecution had been able to prove the case. The scope of such enquiry is only to find out whether there is a prima-facie case...................mplaint in Nari-O-Shishu Case no.18 of 2005 by Nari-O-Shishu Nirjatan Daman Tribunal, is upheld. 24. Copy be sent down accordingly. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 26. ..Category: Women and Children | Date: 22 Mar, 2006 | Hits: 84
Md. Delwar Hossain Vs. State represented the DC, Narayanganj & another, 2006, 35 CLC (AD)
....sion. We do not find any cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed This Case is also Reported in: IV ADC (2007) 788, 26 BLD (AD) 109. ......-O-Shishu Nirjatan Daman Bishesh Adalat, Narayangonj in Nari-O-Shishu Nirjatan Case No. 46 of 1996 by judgment and order dated 10.02.1998. The petitioner was absconding from the very inception of the case and the trial was held in absentia and on conclusion of trial the Adalat found the petitioner g......sion. We do not find any cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed This Case is also Reported in: IV ADC (2007) 788, 26 BLD (AD) 109. ..Category: Women and Children | Date: 9 Mar, 2006 | Hits: 127
Kishore Kumar Dutta Vs. State, 2006, 35 CLC (HCD)
....en on bail in the Criminal Appeal, bail bond furnished by him stands discharge. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 174. ......ainst convict-appellant beyond any shadow of doubt. And II. Whether the Judgment under protest in the appeal can be sustained on evidence, materials on record, fact and circumstances of the case and, also in safe dispensation of Criminal Justice. 3. In approaching and answering to the......en on bail in the Criminal Appeal, bail bond furnished by him stands discharge. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 174. ..Category: Women and Children | Date: 20 Feb, 2006 | Hits: 127
Rafiqul Islam (Md.) Vs. State, 2006, 35 CLC (HCD)
.... the same bail granted by the Tribunal till disposal of the case. Let the copy of the judgment be set down at once. Ed. This Case is also Reported in: 58 DLR (2006) 244, 26 BLD (HCD) (2006) 96. ......Shishu Nirjatan Daman Tribunal 2, Gaibandha in Nari-o-Shishu Case No. 350 of 2004 asking the accused petitioner to withdraw the civil suit as a condition of his release on bail. 2. The prosecution case, in short, is that the accused Rafiqul Islam married the victim Rumana Akter on 9-6-2003 settin......nsel for the petitioner. In the case reported in AIR 1949 Mad 77, it was held that where a Magistrate while releasing the accused on bail attached conditions that the accused would not enter upon the land in dispute for a particular period and that they would not commit any breach of peace, the cond..Category: Women and Children | Date: 13 Feb, 2006 | Hits: 98
Md. Abdul Hannan alias Khalil Vs. Sate and another, 2006, 35 CLC (HCD)
.... Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 291. ...... 10(ten) years and also to pay a fine of Tk.2,000/- in default to suffer rigorous imprisonment for 2(two) months more, with a direction to run both the sentences concurrently. 2. The prosecution case, in brief, is that victim, D.W.1 Nasima Begum, daughter of complainant P.W.1 Shahu Howlader, ag...... Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 291. ..Category: Women and Children | Date: 7 Feb, 2006 | Hits: 78
Moju Bibi and others Vs. Abdul Aziz and others, 2006, 35 CLC (HCD)
.... order as to cost. The judgments and decrees of the courts below are upheld. The lower Courts record be sent down at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 639. ...... 3. The petitioner as plaintiff instituted Title Suit No.2 of 1991 in the Court of Senior Assistant Judge, Sadar Court, Comilla for redemption of mortgaged land. 4. The plaintiffs case in short, was that Lal Mia the original owner mortgaged the suit land to defendants' predec......l of the rule are as follows: 3. The petitioner as plaintiff instituted Title Suit No.2 of 1991 in the Court of Senior Assistant Judge, Sadar Court, Comilla for redemption of mortgaged land. 4. The plaintiffs case in short, was that Lal Mia the original owner mortgaged the suit l..Category: Property Law, Procedural Law | Date: 25 Jan, 2006 | Hits: 5
M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)
.... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ......lies with the party who substantially asserts the affirmative of issue. It is reasonable and just that the suitor, who relies upon the existence of a fact, should be called upon to prove his own case……………….(32) A suit for specific performance is that in which the plaintiff c......Dhaka. 3. The plaintiffs case, in short, is that the defendant No.1 Mrs. Inge Flatz, who is originally an Austrian Lady, and while she was living in the then East Pakistan, acquired the suit land by an indenture of lease deed executed on 14.09.1965 by the then Dhaka Improvement Trust ..Category: Property Law | Date: 15 Dec, 2005 | Hits: 8
....tent of 25% of the decretal dues in default
the Miscellaneous Case shall stand rejected.
Communicate the order at once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 64.
......es from the sale proceedings in favour of the petitioner.
The petitioner also on 12.7.2005 filed an application praying for stay of the
proceeding of auction sale till disposal of the Miscellaneous case but the
learned Judge of the Artha Rin Adalat by impugned order dated 12.7.2005
outright dism......tent of 25% of the decretal dues in default
the Miscellaneous Case shall stand rejected.
Communicate the order at once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 64.
..
Category: Civil Law | Date: 15 Dec, 2005 | Hits: 19
Abdul Aziz & Government of Bangladesh Vs. Hindu Deity Luxmi Gobinda Jew & ors, 2006, 35 CLC (AD)
....the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is dismissed without any order as to cost. Ed. This Case is also Reported in: ......ing created cloud over the title, the plaintiff was constrained to institute the present suit. 3. The defendant Nos. 2 and 4 by filing separate written statements contested the suit. 4. The case of defendant No. 2 is that the suit property became enemy property and as such vested in the d......Subordinate Judge(now joint District Judge), Dhaka for declaration of title stating, inter alia, that the plaintiff is a Hindu Deity installed long ago in a temple situated in a portion of the suit land. The suit land was dedicated for establishment of the deity and also for performing the Sheba..Category: Property Law | Date: 8 Dec, 2005 | Hits: 90
....oying police force and other measures as provided in the Code.
In the result, this appeal is allowed but without any order as costs.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007)61.
......Commerce Bank Ltd. (IFIC) obtained a money decree against M/s. Marinar Fashions Wear Pvt. Limited and 5 others for an amount of Tk. 1,26,25,902.40. In due course, the decree-holder filed an execution case being Money Execution Case No.1 of 2003 in the Third Court of Artha Rin Adalat, Dhaka, when the......oying police force and other measures as provided in the Code.
In the result, this appeal is allowed but without any order as costs.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007)61.
..
Category: Property Law | Date: 7 Dec, 2005 | Hits: 22
....med to have been in her service in the post of Lecturer in
Economics.
Send down the lower Court records at
once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 66.
......ion that the plaintiff be deemed to
be in her service and also for permanent injunction against the defendants
restraining them from giving appointment to any body to her post.
3. Facts of the case of the plaintiff,
in short, inter alia, are that on
8.10.1995 plaintiff was appointed as Lect......med to have been in her service in the post of Lecturer in
Economics.
Send down the lower Court records at
once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 66.
..
Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6
Abdul Sobahan and others Vs. Noresh Chandra Mondal and others, 2005, 34 CLC (HCD)
....rties is hereby affirmed. The order of stay granted by this Court 11.1.2004 and its subsequent extensions is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 91. ......rties is hereby affirmed. The order of stay granted by this Court 11.1.2004 and its subsequent extensions is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 91. ......tle Appeal No.699 of 1999. During pendency of the appeal the Opposite Party Nos.4-16 submitted an application in the appeal for adding them parties claiming then to be purchaser in 31½ decimal of land out of the suit land. 3. The plaintiff contested the said application by filing Written O..Category: Procedural Law | Date: 4 Dec, 2005 | Hits: 3
Industries Chemie BV Vs. SMA Quddus and another, 2005, 34 CLC (HCD)
.... in favour of the respondent No.1. No order at to cost. The connected Rule being Rule No. 4 (TM)/2001 is disposed of. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 758. ......ct, 1940 arises out of an order dated 7-8-2000 passed by the Registrar of Trade Marks rejecting an application in Form TM 55 filed on 3-8-2000 by the appellant. 2. The appellant filed opposition case being No.1534 of 2000 before the Registrar of Trade Marks, Dhaka for rejection of the Trade Mar...... in favour of the respondent No.1. No order at to cost. The connected Rule being Rule No. 4 (TM)/2001 is disposed of. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 758. ..Category: Intellectual Property Law | Date: 30 Nov, 2005 | Hits: 142
State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)
....d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229.......No. 57 of 2002 arising out of Chunarughat Police Station Case No. 30 dated 31-10-2001. The condemned prisoner has also preferred Jail Appeal No. 611 of 2003 which has been heard together and both the cases are being disposed of by this single judgment. 2. The facts leading to the prosecution ar......d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229...Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82
Md. Habibur Rahman Vs. State, 2006, 35 CLC (AD)
....nbsp; 8. In such view of the matter we do not find any illegality in the judgment passed by the courts below. The criminal petition is, therefore, dismissed. Ed. ......01 affirming the conviction under section 4(2) of Anti Corruption Act, 1957, in short, the Act and reducing his sentence to 1½ years from 2 years imprisonment. 2. Prosecution case, in brief, is that on the basis of enquiry that the petitioner accumulated a property amou......nbsp; 8. In such view of the matter we do not find any illegality in the judgment passed by the courts below. The criminal petition is, therefore, dismissed. Ed. ..Category: Criminal Law | Date: 23 Oct, 2005 | Hits: 83
Jabbar and others Vs. State, 2005, 34 CLC (HCD)
....d 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: 26 BLD (HCD) (2007) 29. ......tencing them to suffer imprisonment for life and to pay a fine of TK. 10,000/- each, in default of payment of which to suffer further rigorous imprisonment for two years. 2. Short prosecution case is that on the night following 22.1.1996 informant Sakender Ali and his second son deceased S......eased fell down by the side of the western door of the southern verandah. She did not give distance of the place where the deceased fell, from the place she was standing with the hurricane in her land. Therefore, witnessing the appellants to stab the deceased by P.W.1 by the light of the hu..Category: Criminal Law | Date: 18 Oct, 2005 | Hits: 3
Cox's Bazar Pourashava Vs. Bangladesh and Others, 2005, 34 CLC (HCD)
....he L.G.E.D under "Secondary Infrastructure Town Development Project". On completion of the project the petitioner took over possession of the said newly constructed Central Bus Terminal upon the said lease-hold land covered under the lease deed marked Annexure-J(i) and since then has been managing a......he impugned Memos are not sustainable in law. 10. Besides the above, after a deed of lease has been executed and registered between the petitioner and the Government for 99 years in respect of the case land and delivery of possession has been given to the petitioner upon which the petitioner cons...... law as a body corporate having perpetual succession. The petitioner, with a view to construct a Central Bus Terminal out side the Cox's Bazar Municipal area, took lease of 4 acres of Government khas land for 99 years at a salami of more than Tk.35,00,000/-. Accordingly, lease deed was executed by t..Category: Civil Law | Date: 30 Aug, 2005 | Hits: 39
Ali Imam Vs. Executive Engineer, Gaibandha and others, 2005, 34 CLC (HCD)
....him out. The prayer for review fails. Result, the Rule is discharged with costs. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 668. ......ssed the suit. 2. The plaintiff instituted the suit for a decree for declaring the office order No.2B‑1/32/3 issued by defendant No.1 illegal, void and not binding upon him. 3. The plaint case, in brief, is that he was a first class contractor and enlisted in the Water Development Board.......him out. The prayer for review fails. Result, the Rule is discharged with costs. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 668. ..Category: Civil Law | Date: 29 Aug, 2005 | Hits: 1
World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
.... reasons assigned by the High Court Division in the impugned order, we do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. .......1.10 of the Licence Agreement provides the effective date as the date of issuance of the Operator Licence which will be issued on the 90th day after signing of the Licence Agreement provided that in case of any delay in frequency allocation or signing of the Interconnection Agreement for reasons at......ople's Republic of Bangladesh issued "Request for Proposals" (hereinafter referred to as RFP) (Annexure-C to the writ petition) for installation of 3 lac Public Switching Telephones commonly known as land phone, in private sector in Dhaka Multi-Exchange Area (hereinafter referred to as ME A). Accord..Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331
....cumstances we do not
find any substance in this Rule. Accordingly the Rule is discharged without any
order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 20.
......s the every right of judicial review of the administrative
action and as such he prays that on that score the impugned order is liable to
be set aside.
4. Respondent Nos.6 and 7 contested the
case by filing affidavit in opposition.
5. Mr. Zaman Akter, the learned Deputy
Attorney Genera......cumstances we do not
find any substance in this Rule. Accordingly the Rule is discharged without any
order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 20.
..
Category: Others | Date: 15 Aug, 2005 | Hits: 6
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