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Masud Rana Vs. National Board of Revenue & others, 2005, 34 CLC (HCD)

....tted automatically and not to place the same before the Bench for the purpose of Admission. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 382. ......rd of Revenue & others………………Respondents (Customs Appeal No.17 of 2005) Judgment July 24, 2005. Result: Appeals are allowed. Lawyers Involved: Syed Ahmed, Advocate- For the Appellant. A.B.M. Nurul Islam, senior......tted automatically and not to place the same before the Bench for the purpose of Admission. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 382. ..

Category: Family Law, Women and Children | Date: 24 Jul, 2005 | Hits: 109

Shafiuddin Vs. Samir Bhuiyan and others, 2005, 34 CLC (HCD)

....he Rule is hereby recalled and vacated. Election petition is dismissed. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 553. ......Bank, 37 DLR (AD) 1; ASF Rahman Vs. Bangladesh Bank, 52 DLR (AD) 61; Director, National Bank Vs. Bangladesh Bank, 2 BLC 20; IFIC Bank and others Vs. Beximco Holdings Ltd. and others, 57 DLR 154. Lawyers Involved: Amir-ul-Islam with Tania Amir, Dr. Shirin Sharmin Chowdhury & Moniruzzam......was not a defaulter either on facts or on law and was not disqualified on the date of scrutiny of the nomination papers. The Impugned judgment and order therefore cannot be sustained in law. 55. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Election peti..

Category: Civil Law, Election Law | Date: 13 Jul, 2005 | Hits: 7

Ashraful Alam (Md.) Vs. State, 2005, 34 CLC (HCD)

....petitioner Md. Ashraful Alain, ho 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) 718. ......d. Sadeq Sarker, 50 DLR 181; Amina Bibi alias Amena Bibi and another Vs. State, 1984 BLD 144; Raman Lal Rathi Vs. State AIR 1951 Cal. 305; Ukha Kolhe Vs. State of Maharashtra AIR 1963 (SC) 1531. Lawyers Involved: Nitai Roy Chowdhury with Nuro Nabi, Advocates- For the Petitioner. ......petitioner Md. Ashraful Alain, ho 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) 718. ..

Category: Family Law | Date: 4 Jul, 2005 | Hits: 2

Pushpa Rani Saha Podder Vs. Rash Mohan Saha, 2005, 34 CLC (AD)

....d an error of law requiring interference by us. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 350; 10 MLR (AD) 345. ......��…………Appellant Vs. Rash Mohan Saha being dead his heirs: Kartick Chowdhury Saha & others………..Respondent Judgment July 4, 2005. Result: The Appeal is allowed. Lawyers Involved: AKM Shahidul Huq, Advocate-on-Record- For the Appellant. Md. Aftab Hossain......d an error of law requiring interference by us. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 350; 10 MLR (AD) 345. ..

Category: Property Law | Date: 4 Jul, 2005 | Hits: 127

Saeeda Yasmin and others Vs. Capital Service Center Ltd and others, 2005, 34 CLC (AD)

....t for sale of land, as such, the High Court Division was not in error in maintaining the order of the trial Court allowing the prayer for amendment. Accordingly the petition is dismissed. Ed. ......gning the reason of arriving at the decision taken. In spite of that even if the order itself be not elaborate or speaking but if the decision is taken is proper, the order passed is sustainable. Lawyers Involved: AM Mahbubuddin, Advocate (appeared with the leave of the Court) instructed b......cted by Sufia Khatun, Advocate‑on‑Record‑For Respondent No. 1. Not represented‑Respondent Nos. 2‑4. Civil Petition for Leave to Appeal No. 956 of 2003. (From the Judgment and Order dated February 5, 2003 passed by the High Court Division in Civil Revision No. 235 of 2002). ..

Category: Procedural Law | Date: 29 Jun, 2005 | Hits: 98

Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)

....t Judge, 2nd Court, Rajshahi in Miscellaneous Appeal No.50/2004 is hereby set aside and that of the trial Court is affirmed. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 5. ......man Chowdhury and others, 9 DLR 467; 26 DLR 100; 37 DLR 83; Abu Taher Chowdhury and others Vs. The State, 11 DLR (AD) 2; Abdul Hamid Kazi Vs. Abdul Jabbar Jamadar and others, 26 DLR (SC) 6. Lawyers Involved: M.I. Farooqui with Md. Ruhul Quddus and Nazneen Nahar, Advocates- For the Pe......ancial strength to exist, etc. Hence the plaintiff has thus filed the suit for public interest and to protect the said national institution. The plaintiff-petitioner also filed an application under Order 39, rule 1 read with Section 151 of the Code of Civil Procedure on the similar fact along wit..

Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7

Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)

....ed Advocate for the petitioner further submits that, his client has duly paid the monthly amount of Taka 800 up to the months of March, 2005. Ed. This Case is also Reported in: 58 DLR (2006) 26.......ibur Rahman (Md) vs. Shakila Begum and others reported in 53 DLR 152, Utpal Kanti Das vs Monju Rani Das, 50 DLR (AD) 47, 53 DLR 152, 42 DLR 483, 38 DLR (AD) 172, 35 DLR 160, 2 BLC 509, 34 DLR 221. Lawyers Involved: Minal Kanti Biswas, Advocate—For the Petitioner. Gobinda Chandra Tagore, A......per month. 4. The defendant did not contest the suit and accordingly, the suit was decreed ex parte on 6-1- 1990. The defendant got the said ex pane decree set aside by filing an application under Order IX, rule 13 of the Code of Civil Procedure. After the restoration of the suit the defendant di..

Category: Family Law | Date: 25 Jun, 2005 | Hits: 237

Md. Joinul Abedin Vs. Government of Peoples' Republic of Bangladesh, 2005, 34 CLC (HCD)

....bsp; This Case is also Reported in: 26 BLD (HCD) (2007) 306. ......lawful authority.....................(8) Cases Referred to- M/S Jubiles Syndicate Vs. Collector of Customs, (1968) 20 DLR 300; The University of Dhaka Vs. Zakir Ahmed, 16 DLR (SC) 722. Lawyers Involved: Md. Nurul Islam, Advocate-For the Petitioner. Md. Khashruzzaman, Advocat......bsp; This Case is also Reported in: 26 BLD (HCD) (2007) 306. ..

Category: Civil Law | Date: 22 Jun, 2005 | Hits: 3

Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)

.... any order as to cost. Me judgments and decrees of both the Courts below are hereby set aside and decreed the suit accordingly. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 598. ......ince the instant suit is a Civil Suit but appeal pending in the Bhumi Appeal Board is not a Civil Suit, the principle of res judicata will not be claimed here…………(12) Lawyers Involved: TH Khan, with Abul Quashem, Md. Abul Bashar, Moinuddin and Ariful Islam-For t...... any order as to cost. Me judgments and decrees of both the Courts below are hereby set aside and decreed the suit accordingly. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 598. ..

Category: Property Law | Date: 19 Jun, 2005 | Hits: 3

Jamuna Television Limited and another Vs. angladesh and others, 2005, 34 CLC (HCD)

....ing the licence dated 10‑3‑04 are all declared to have been issued without any lawful authority and, as such, of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 345. ......munication Act, 2001 could only be cancelled or suspended by it by following the procedure of section 46 of the Act after giving the licensee proper notice and hearing……..(71) Lawyers Involved: Rafique-ul-Huq, Senior Advocate with Ahsanul Karim with Faheemul Huq and Rabe......ing the licence dated 10‑3‑04 are all declared to have been issued without any lawful authority and, as such, of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 345. ..

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)

....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......tigating Police Officer had been granted permission by Dhaka Metropolitan Magistrate for examination of biting injury (দাঁতের কামড়) by Expert of Criminal Investigation Department. Order dated 5-7‑1993 recorded by Dhaka Metropolitan Magistrate indicates that Investigating P..

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. ......��…Petitioner Vs. Mosharef Hossein Sikder son of Late Abdul 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......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. ..

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. ......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......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. ..

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. ......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 ......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. ..

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. ......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......gistered as Settlement Case No.177 of 1988. As against the ex-parte decree dated 30-6-1983 obtained in Title Suit No.395 of 1981, the respondent No.2 preferred Miscellaneous Case No.254 of 1986 under Order IX, rule 13 of the Code of Civil Procedure which was ultimately dismissed. However, the Settle..

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. ...... 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 ......has been affirmed by the Appellate Division, reported in 66 DLR (AD) 17. The direction given by the High Court Division for furnishing specified information has been included in Article 12 of the RPO Order, 1972 by Representation of People Order (Amendement) Act, 2009 (X11I of2009) Judgment ..

Category: Election Law | Date: 24 May, 2005 | Hits: 11

Suo Moto Ex-parte Order 2005

....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...... Supreme Court High Court Division (Special Original Jurisdiction) Present: Md. Abdul Matin J 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 amo..

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. ...... 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......and distributing the latter's milk products in Bangladesh (Annexure-'M' of the Affidavit-in-Reply). It is shown further that subsequently Mr. Islam filed an application on 18.1.2003 under Order 38, Rule 5 read with Section 151 of the Code of Civil Procedure in the said Suit for an order ..

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. ......llip;…………………………………Respondent Judgment May 16, 2005. Result: The Appeal is allowed. Lawyers Involved: Nazrul Islam, Advocate- For the Appellant. MU Ahmed, Assistant Attorney-......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. ..

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. ......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......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. ..

Category: Evidence Law | Date: 16 May, 2005 | Hits: 4

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