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Alauddin (Md.) Vs. State and others, 2005, 34 CLC (HCD)
....in that dale and also agreed that they will not ask for any adjournment until it is required on emergency. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 364.......t ask for any adjournment until it is required on emergency. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 364.......e petitioner, submits that the trial Court found that there is serious apprehension of breach of peace in the case land and the learned Magistrate considering the case on emergency and gravity of the nature of the case on attachment appointed the Officer-in-Charge of Mirsarai Police Station as recei..Category: Criminal Law | Date: | Hits: 55
Firoz Hossain Shah (Md.) Vs. State, 2005, 34 CLC (HCD)
.... in the Court of Magistrate, First Class, Rangpur is quashed. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 58 DLR (2006) 361. ......pur is quashed. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 58 DLR (2006) 361. ...... pending in the Court of Magistrate, First Class, Rangpur. 2. Mr. Osman Ghani, learned Advocate for the petitioner, submits that the allegations disclosed in the petition of complaint are of civil nature and for the money involved in the petition of complaint the opposite party No.2, that is, Agr..Category: Criminal Law | Date: | Hits: 46
Abdul Mazid (Md.) Vs. State, 2006, 35 CLC (HCD)
.... However, imposition of fine shall remain unaltered. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 355.......tered. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 355.......she replied that accused Mazid caused injury on the person of Ansar Ali. Subsequently, police seized bloodstained knife and other alamats from place of occurrence in his presence and he proved his signature on the seizure list (Exhibit 2) 31. During cross-examination, he denied the suggestion of ..Category: Criminal Law | Date: | Hits: 93
Ismail Howlader and others Vs. State, 2006, 35 CLC (HCD)
....nowara Begum who were granted bail earlier by this Court stand discharged from the bail bond if furnished any. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 335.......this Court stand discharged from the bail bond if furnished any. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 335.......read it over to the informant Sahar Ali who signed it, and then PW 1 recorded the ejahar by way of filling in the first information report form. He proved that first information report and the two signatures of the informant thereon as Exhibit 1, 1/1 and 1/2, respectively, and the first information ..Category: Criminal Law | Date: | Hits: 43
Abdul Khaleque Vs. Hazera Begum and another, 2006, 35 CLC (HCD)
....ith a copy of this judgment at once. Let a copy of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs. Ed. This Case is also Reported in: 58 DLR (2006) 322.......copy of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs. Ed. This Case is also Reported in: 58 DLR (2006) 322.......h or transportation for life, or (b) Any female person is convicted of any offence other than an offence punishable with death, is of opinion that, having regard to the circumstances including the nature of the offence and the character of the offender, it is expedient to do so, the Court may for..Category: Criminal Law | Date: | Hits: 97
Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)
....l run concurrently. Let a copy of the order along with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311.......ong with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311.......cted to award punishment in a desirable proportion between the gravity of the offence and punishment for it. 23. While Court should not pass a sentence disproportionately severe as compared to the nature of the offence committed; it should also be careful not to award a sentence that on account o..Category: Criminal Law | Date: | Hits: 60
Kazi Moniruzzaman and others Vs. Kazi Nuruzzaman and others, 2006, 35 CLC (HCD)
....shall dispose of the case expeditiously preferably within 6(six) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 306.......the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 306.......en admitted into evidence. He further submits that the documents admitted in evidence do form part of the record of the suit which cannot be struck off lightly; that cause of delay was exceptional in nature; that the particulars of the exhibits in question were given in the written statement and, as..Category: Property Law | Date: | Hits: 131
Abdur Rashid Salam Vs. Md. Moniruzzaman, 2005, 34 CLC (HCD)
....o granted earlier by this court is also vacated. Send down the lower court records at once if already received by the office of this Court. Ed. This Case is also Reported in: 58 DLR (2006) 298. ...... Md. Ramzan Khan, Advocate—For the Petitioner. Sk Md. Morshed, Advocate—For the Opposite Party. Civil Revision No. 1780 of 2004. Judgment Md. Abdul Aziz J. - This Rule has been posted in the list for hearing on the prayer of both the sides on maintainability of the same on the applic......section 115(1) of the Code, inasmuch as the trial Court rejected his plaint without conclusively determining the rights of the parties. He further submits that since the impugned decree is not in the nature of a decree as defined in sub-section (2) of section 2 of the Code the same is a revisable on..Category: Procedural Law | Date: | Hits: 90
Nabisco Biscuit and Bread Factory Ltd. Vs. Baby Food Products Ltd. and another, 2005, 34 CLC (HCD)
....ected to take necessary steps in accordance with law to effect rectification of the Register of Trade Marks in the light of this Judgment. Ed. This Case is also Reported in: 58 DLR (2006) 287. ......se is also Reported in: 58 DLR (2006) 287. ......it. Which strikes the eye and fixes itself in the recollection? Such a feature is referred to sometimes as the distinguishing feature, sometimes as the essential feature of the mark. In cases of this nature, the question of resemblance and the likelihood of deception are to be considered by referenc..Category: Intellectual Property Law | Date: | Hits: 386
State Vs. Harun Chowdhury, District Magistrate and Mostafa Kamal, SP Sylhet, 2005, 34 CLC (HCD)
....tafa Kamal, Superintendent of Police, Sylhet are exonerated from the charge of contempt of Court and they are warned to be careful in future. Ed. This Case is also Reported in: 58 DLR (2006) 267....... are warned to be careful in future. Ed. This Case is also Reported in: 58 DLR (2006) 267.......iled affidavits pleading guilty and tendering unconditional apology and thereby surrendered to the mercy of the Court to be exonerated. The allegations against both the contemners are very serious in nature and they are responsible officers of the government one being head of the Magistracy of a Dis..Category: Civil Law | Date: | Hits: 1272
MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)
....nal District Judge and Bankruptcy Court, Chittagong in Bankruptcy Case No. 6 of 2000 is declared to have been passed with lawful authority. Ed. This Case is also Reported in: 58 DLR (2006) 258. ...... Bankruptcy Case No. 6 of 2000 is declared to have been passed with lawful authority. Ed. This Case is also Reported in: 58 DLR (2006) 258. ......pondent No. 2 cannot be treated to be an eligible creditor as defined under section 2(39) of the Act and in view of the conspicuous absence of the pre-conditions for instituting a suit of the instant nature as contemplated under section 12(1) of the Act, the impugned order dated 20-11-2000 and the s..Category: Civil Law | Date: | Hits: 131
Md. Lokman @ Lokman Vs. State, 2010, 39 CLC (AD)
....Rule requiring no interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 156, 8 LG (AD) (2011) 81, 31 BLD (AD) (2011) 60. ......t. Accordingly, the leave petition is dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 156, 8 LG (AD) (2011) 81, 31 BLD (AD) (2011) 60. ......1 under Sections 302 and 34 of the Penal Code. 2. According to the post-mortem report the death was caused due to hemorrhage and shock as a result of wounds which were anti-mortem and homicidal in nature. 3. The police after completion of investigation submitted charge sheet against the accu..Category: Criminal Law | Date: | Hits: 73
Dhaka Leather Complex Ltd. Vs. Sikder Construction Ltd. and another, 2009, 38 CLC (AD)
....ost. The impugned judgment and order dated 18-08-2003 passed by the High Court Division in First Appeal No. 255 of 2002 is hereby affirmed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 75.......urt Division in First Appeal No. 255 of 2002 is hereby affirmed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 75.......the case of S. M. Fazail and Co. Vs. Overseas Cotton Co. PLD 1959 (WP) Karachi 320 wherein it has been held that the direction given under section 14 (2) of the Arbitration Act is only of a directory nature. The breach of this direction is only an irregularity which cannot make the award inoperati..Category: Alternative Dispute Resolution | Date: | Hits: 187
Abdur Razzaque Zoarder and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....n light of the above, this Court finds substance in this Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 245. ......is Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 245. ......i was issued calling upon the respondents to show cause as to why the Impugned Order contained in Memo No. 225-Paubo-Kop/B-lKa/Sha-l/B-2/2001 (Part- 4) dated 5-9-2001 (Annexure-D) issued under the signature of the respondent No. 5 amending the final seniority list of Assistant Engineer prepared by M..Category: Employment/Service Law | Date: | Hits: 79
Alimuddin and others Vs. Abdul Kabir and others, 2003, 32 CLC (HCD)
.... with the appeal in accordance of law. Send down a copy of this judgment to the learned Joint District Judge, Kishoreganj for compliance. Ed. This Case is also Reported in: 58 DLR (2006) 240.......nj for compliance. Ed. This Case is also Reported in: 58 DLR (2006) 240.......ing for the petitioners, submits that the appeal having arisen out of a partition suit and the matter of amendment as prayed for by the petitioners as per Annexure-B under no circumstances change the nature and character of the suit or of the plaint, the question of limitation as has been held by th..Category: Procedural Law | Date: | Hits: 93
Shomurunessa and others Vs. Md. Musa Miah and others, 2005, 34 CLC (HCD)
....ce on the part of the petitioner. I do not find any substance in the Rule. In the result, the Rule is discharged without order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 228. ...... Not represented— the Petitioners. Md. Ibrahim Mollah, Advocate—For the Opposite Parties. Civil Rule No. 510(Con) of 2001. Judgment Salma Masud Chowdhury J. - This Rule was issued calling upon the opposite party Nos. 1-6 to show cause as to why the delay of 309 days in filing this re...... under section 5 of the Limitation Act along with the materials on record. It appears that the explanation given for the delay of 309 days in the application for condonation of delay is merely in the nature of a general explanation and not on day-to-day basis and, as such, it is not a sufficient exp..Category: Procedural Law | Date: | Hits: 96
State Vs. Md. Shahjahan, 2004, 33 CLC (HCD)
.... accused condemned prisoner Md. Shahjahan be set at liberty at once if not wanted in any other case. The Lower Court's Record is sent down. Ed. This Case is also Reported in: 58 DLR (2006) 203. ......t at liberty at once if not wanted in any other case. The Lower Court's Record is sent down. Ed. This Case is also Reported in: 58 DLR (2006) 203. ......e evidence of PW 6 the prosecution could have examined the Medical Officers of Raipur and Luxmipur Hospital who saw the injury in its original gap before treatment and bandage who could have said the nature of weapon which might have caused the injury and could have also produced the clothing which ..Category: Criminal Law | Date: | Hits: 96
HRC Shipping Ltd. Vs. MV X-Press Manaslu, MV X-Press Resolve & others, 2006, 35 CLC (HCD)
.... The defendant No. 1 is directed to bear all expenses of the Marshal and his team in connection with the release of the vessel. Ed. This Case is also Reported in: 58 DLR (2006) 185; 12 MLR 265. ......on with the release of the vessel. Ed. This Case is also Reported in: 58 DLR (2006) 185; 12 MLR 265. ......ess Manaslu and MV X-Press Resolve forthwith be released from arrest. Words and phrases Act of God A loss occasioned by an Act of God is a loss arising from and occasioned by the agency of nature which cannot be guarded against by the ordinary exertions of human skill and prudence so as t..Category: Admiralty Law or Maritime Law | Date: | Hits: 314
Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)
....Industries is now obliged to return the money received in respect of schedule-1 (kha) property to the plaintiff. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 176. ......mmad Ali, Additional Attorney-General with Md. Ferozur Rahman Assistant Attorney-General—For the Appellant (In First Appeal No. 293 of 1999). Naima Haider. Assistant Attorney-General—For the Ministry of Industries. Mahmudul Islam with AQM Shafiullah, Mohammed Ali Jinnah, Advocates—For R......ly to prove that said shops were ever treated as part of the industrial unit, cinema hall. 36. There is of course evidence that the owners of the shops were owners of the cinema hall. What was the nature of the ownership, proprietorship or corporate could not be ascertained for want of evidence. ..Category: Property Law | Date: | Hits: 159
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....ppeal from the judgment and order passed by me and, in the meantime, the parties are directed to maintain status quo in all respects. Ed. This Case is also Reported in: 58 DLR (2006) 117. ......eantime, the parties are directed to maintain status quo in all respects. Ed. This Case is also Reported in: 58 DLR (2006) 117. ......nment and administration of a whole nation and a country. It is that policy consideration which makes statutory interpretation different from interpretation of the Constitution. More foresight in the nature of judicial statesmanship, therefore, is required in interpreting a Constitution than in cons..Category: Information Technology Law | Date: | Hits: 324
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