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Emarat Ali Vs. State, 2005, 34 CLC (HCD)
....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......on Act, feels satisfied upon the facts of the case under consideration that the explanation given for the delay is sufficient, the discretion under section 5 of the Limitation Act should be exercised and the court should take a liberal view in considering the sufficient cause shown by the applicant.......No. 711 of 2001. Judgment Siddiqur Rahman Miah J. - This Criminal Revision under section 439 of Code of Criminal Procedure at the instance of Emarat Ali is directed against the judgment and order dated 9‑10‑2001 passed by the learned Metropolitan Sessions Judge, Dhaka in Metropolitan C..Category: Criminal Law, Limitation Law | Date: 14 Jun, 2005 | Hits: 1
Khaled Ahmed Chowdhury Vs. State, 2005, 34 CLC (HCD)
....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......ellip;……………………Opposite Party Judgment June 13, 2005. Result: The Rule is discharged. Cases Referred to- Md. Saleh and another Vs. Messrs United Grain & Fodder Agencies, 16 DLR (SC) 155; Nadira Rahman Vs. Syed A...... circumstances of the case and evidence on record convicted the petitioner under section 170 of the Penal Code sentencing him thereunder to suffer simple imprisonment for one year by his judgment and order dated 21‑10‑1989 in GR Case No.3503 of 1988 in presence of the accused person. 4. Bei..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)
....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......so Reported in: 13 BLC (HCD) (2008) 247. ......y-General - For Respondent No.2. Writ Petition No.2615 of 1995. Judgment Moyeenul Islam Chowdhury 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 wit..Category: Property Law | Date: 25 May, 2005 | Hits: 33
Abdul Momen Chowdhury and others Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....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......14) 9. ......sclosed to the voters and the direction prayed for should be issued by this Court. He further argued that the power under Article 119 of the Constitution is plenary in character and therefore in order to hold free fair and transparent election particulars sought for are essential for enabling t..Category: Election Law | Date: 24 May, 2005 | Hits: 11
....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......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 justice......reatening the whole justice
delivery system.
7. In the premises aforesaid
this Court in exercise of its inherent power and under Article 108 of the
Constitution, of its own motion and exparte orders as under:-
All Advocates on
the Roll of the Advocates prepared and maintained under..
Category: Others | Date: 23 May, 2005 | Hits: 13
New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)
....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...... Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ......idavit-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 -of attachment of the trade mark "Red Cow Incan" owned by Unilac Australia Pty Ltd. ..Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187
Muzaffar Hossain Sarker (Md.) Muzaffar Hossain Sarker (Md.) Vs. State, 2002, 31 CLC (HCD)
....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. ......dgment Siddiqur Rahman Miah J.- This criminal Appeal under section 410 of the Code of Criminal Procedure at the instance of the appellant Muzaffar Hossain Sarker is directed against the judgment and order dated 2‑11‑2002 passed by the learned Special Judge (District and Sessions Judge), Com......nt Siddiqur Rahman Miah J.- This criminal Appeal under section 410 of the Code of Criminal Procedure at the instance of the appellant Muzaffar Hossain Sarker is directed against the judgment and order dated 2‑11‑2002 passed by the learned Special Judge (District and Sessions Judge), Comilla..Category: Criminal Law | Date: 16 May, 2005 | Hits: 3
Sheikh Abdul Quddus Vs. Akram Sheikh @ Akram and others, 2005, 34 CLC (HCD)
..... 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...... (Criminal Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Sheikh Abdul Quddus................................................Petitioner Vs. Akram Sheikh @ Akram and others............................Opposite Parties Judgment May 16, 2005. Result:......tate. Criminal Revision No.192 of 2003. Judgment Siddiqur Rahman Miah J.-This criminal revision under section 439 of the Code of Criminal Procedure is directed against the judgment and order dated 22‑1‑2003 passed by the learned Additional Sessions Judge, 2nd Court, Kushtia in Cri..Category: Evidence Law | Date: 16 May, 2005 | Hits: 4
State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)
.... 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......n all appeals)……………………….Appellant Vs. Md. Mominullah (Median) (In Criminal Appeal No. 3 of 1999) Eskan @ Sheikh Eskander Mirza (In Criminal Appeal No. 4 of 1999) Md. Abdul Kalam @ Kalam (In Criminal Appeal N......sp; Mohammad Fazlul Karim, J: These appeals arose by way of leave granted in Criminal Petition for Leave to Appeal Nos. 256-260 of 1998 filed against the judgment and order dated 24.6.1998 passed by a Division Bench of the High Court Division in Criminal Miscell..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)
....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...... ...... by Serajur Rahman, Advocate‑on‑Record‑For Respondent No. 1. Not represented‑Respondent No. 2. Civil Appeal No. 1 of 1999. (From the judgment and order dated November 3, 1991 passed by the High Court Division in Writ Petition No. 448 of 1988).&nb..Category: Property Law | Date: 15 May, 2005 | Hits: 120
Jamuna Builders Ltd. and another Vs. Rajdhani Unnayan Kartripakkha and another, 2005, 34 CLC (HCD)
....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......in: 57 DLR (2005) 762. ......plan of the said complex in the prescribed form of Schedule 1 to the Building Construction Rules, 1996 and the requisite fee of Tk.2,10,000 was deposited along with the application in the form of pay order (Annexure-D). Even after expiry of 45 days of submission of the application the respondent No...Category: Administrative Law, Company Law | Date: 9 May, 2005 | Hits: 9
Debobrota Baiddya @ Debu Vs. State, 2005, 34 CLC (HCD)
....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...... years, was a student of Class IX of local SM Model Government High School Science Section. On 1- 6-2002 at 7-15 hours in the morning accused appellant on the pretext of going to private tutor called and took away his son Chinmoy from his rented residence of 243, Udayan Road, Battala, PS and Distric......Respondent. Criminal Appeal No. 4094 of 2003. Judgment Khademul Islam Chowdhury J.- The Criminal appeal under section 28 of the Nari-o-Shishu Nirjatan Daman Ain, 2001 is directed against the order dated 9-9-2003 passed by the Nari-o-Shishu Nirjatan Daman Tribunal.,Gopalganj in Nari-o-Shishu..Category: Women and Children | Date: 9 May, 2005 | Hits: 84
Md. Abdul Halim Miah and others Vs. Bangladesh and Other, 2005, 34 CLC (AD)
....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......here. Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Mohammad Fazlul Karim J MM Ruhul Amin J MA Aziz J Amirul Kabir Chowdhury J Md. Abdul Halim Miah and others ……………………Petitioners (In Civil Review Petition Nos. 44-45 of 2004) Md. ......vil Review petition Nos. 50 & 51 of 2004. Judgment Mohammad Fazlul Karim J. - Respondent Nos.1-10 in the Civil Appeal being Nos. 69, 70, 71 and 72 of 2002 seek review of the judgment and order dated 4th of May 2003 passed by this Division allowing the appeals upon setting aside the judg..Category: Employment/Service Law | Date: 9 May, 2005 | Hits: 119
Afzalul Haque (Md.) and others Vs. Md. Abdur Razzaque, 2005, 34 CLC (HCD)
....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......Case is also Reported in: 13 BLC (HCD) (2008) 185. ......e was issued calling upon the opposite party to show cause as to why the Judgment and decree dated 27-3-2001 passed in SCC Suit No.10 of 1995 should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The petitioner filed SCC Suit No.1..Category: Tenancy Law | Date: 4 May, 2005 | Hits: 25
Bangladesh rep. by the Ministry of Works & ors Vs. Nasima Khatoon and others, 2005, 34 CLC (AD)
....at 28/1, Nabin Chandra Goswami Road, PS Faridabad, Dhaka which belonged to her husband Mr Md Akhtar who purchased it by a registered deed dated 28‑3‑1956. During the war of liberation the law and order situation compelled the writ petitioners' mother to keep the premises in question unde...... MA Aziz J Amirul Kabir Chowdhury J Bangladesh represented by the Ministry of Works & ors …...... Appellants Vs. Nasima Khatoon and others...................Respondents Judgment May 4, 2005. ......nts. MI Farooqui, Senior Advocate, instructed by MG Bhuiyan, Advocate‑on‑Record‑ For the Respondents. Civil Appeal No. 75 of 1994. (From the judgment and order dated 23‑2‑1993 passed by the High Court Division in Writ Petition No. 1887 of 198..Category: Property Law | Date: 4 May, 2005 | Hits: 115
....petition for sale of two
storied old building of New Govt. Girls High School at 2, K.P. Ghosh Street,
Armanitola, Dhaka issued by respondent No.5 should not be declared to have
been issued without lawful authority and is of no legal effect.
2. The case of the
petitioners, briefly, be put th......8)
73. ......or housing a Urdu Medium School and after the
liberation of Bangladesh the School was converted into a Girl's School named as
New Government Girl's High School. The Deputy Commissioner, Dhaka by an order
dated 27.3.1973 (Vide Annexure-"A") derequisitioned the said land and
building, directed the..
Category: Property Law | Date: 3 May, 2005 | Hits: 3
M Moinul Khan Vs. State, 2005, 34 CLC (HCD)
....is Court. 4. Mr. Rehan Husain, the learned Advocate appearing on behalf of the complainant appellant, submits that the learned Judge of the Nari-o-Shishu Nirjatan Daman Tribunal committed error of law in passing the impugned order dated 9-6-2004 rejecting the inquiry report submitted by the learn......ari-o-Shishu Nirjatan Daman Tribunal, Sylhet stating, inter alia, that his sister Mst Parul Khanum, student of Sylhet Government College, was married to accused No. 1 Syed Ahmed (Shipu) on 28-1-2000 and the dower was fixed at Taka 5 lac. Before the marriage accused No.1 and others demanded Taka 5 l......torney- General—For the State. Criminal Appeal No. 2725 of 2004. Judgment Md. Muzammel Hossain J.- This appeal at the instance of the complainant-appellant is directed against the impugned order dated 9-6-2004 passed by the learned Nari-o-Shishu Nirjatan Daman Tribunal, Sylhet in Nari-o-S..Category: Women and Children | Date: 3 May, 2005 | Hits: 98
Md. Farid Uddin Ahmed Vs. Atahar Uddin and another, 2005, 34 CLC (HCD)
....ence on record and critical analysis of the case it appears that the charge under section 409 of the Penal Code and 5(2) of the Act II of 1947 were not framed against the accused in accordance with law, in as much as the charge do not contain particulars as to the time and place of the alleged of......rt Division (Criminal) Present: AKM Fazlur Rahman J Syed Mohammad Ziaul Karim J Md. Farid Uddin Ahmed…………………..Complainant-appellant Vs. Atahar Uddin and another……………………Accused-respondent Judgment May 2, 2005. Result: ...... Syed Mohammad Ziaul Karim J.- This appeal under section 417(2) of the Code of Criminal Procedure at the instance of complainant appellant Md. Farid Uddin Ahmed is directed against the judgment and order dated 9.11.1992 passed by the learned Senior Special Judge, Narayangonj in Special Case No.1..Category: Criminal Law | Date: 2 May, 2005 | Hits: 2
Md. Abdur Rahman Faroque Vs. Md. Shamsul Hoque and another , 2005, 34 CLC (AD)
.... decree was not legal. The learned Counsel submits that there should be attempt by the court to serve the cause of justice and as such the court should not read something in a particular provision of law which lead to denial of justice. In expounding the said submission the learned Counsel submits t......(Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Md. Abdur Rahman Faroque………………………………………Appellant Vs. Md. Shamsul Hoque and another……………………………..Respondent Judgment May 2, 2005. Result: ......vocate-on-Record-For the Appellant. Mahbub Ali, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Respondents. Civil Appeal No. 27 of 1999. (From the judgment and order dated March 3, 1999 passed by the High Court Division in Civil Revision No.4237 of 1998). ..Category: Civil Law | Date: 2 May, 2005 | Hits: 119
Anowar Hossain (Md.) and another Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....4/04-50 dated 4‑1‑2005, requiring the petitioner to remove the building constructed without any approved plan, evidenced by Annexure‑F to the writ petition, should not be declared to be without lawful authority, on the assertions of the writ petitioner that the building has been constructed as...... ......Mominur Rahman J.- This is an application for addition of parties. The applications also filed a supplementary affidavit dated 24‑4‑2005. 2. It appears that the Rule was issued as to why the order communicated vide Memo No.রাজউক/নঅঅ-১/অসি-252/04/04-50 dated 4‑1‑2..Category: Civil Law | Date: 25 Apr, 2005 | Hits: 4
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