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Sushovan Guha and others Vs. Mahbubul Mannan Chowdhury and others, 2005, 34 CLC (HCD)

....s directed to dispose of the revisional application within 2(two) months from the date of the receipt of this order. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 100.......unicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 100.......cation on 17-6-2002 for a temporary injunction under order 39 Rules 1 and 2 read with section 15 I of the Code of Civil Procedure to restrain the defendants Nos. 1 to 5, 9, 11 to 13 from changing the nature of the 'Kha' schedule land, from entering into the schedule land and also to restrain the def..

Category: Procedural Law | Date: | Hits: 77

Abdul Mannan alias Mona Miah Vs. State, 2002, 31 CLC (HCD)

.... of Additional Sessions Judge, and Nari-o Shishu Nirjatan Daman Bishesh Adalat No. 2, Noakhali for necessary action in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 91. ......hu Nirjatan Daman Bishesh Adalat No. 2, Noakhali for necessary action in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 91. ......eir house but did not find them and he saw the injuries on the neck and on the head of the victim. He further stated that inquest report was prepared in his presence which he signed. He proved his signature on Exhibit 2. He further stated that the female members of the house of the accused and one M..

Category: Criminal Law | Date: | Hits: 96

Jahangir Alam (Md.) and another Vs. Md. Shamsur Rahman Sarder & others, 2010, 39 CLC (AD)

.... Appeal No. 271 of 2003 is disposed of in the terms of the judgment in C.A. No. 270 of 2003. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 22, 8LG (AD) (2011) 65, 31 BLD (AD) (2011) 52. ......s Case is also Reported in: 16 BLC (AD) (2011) 22, 8LG (AD) (2011) 65, 31 BLD (AD) (2011) 52. ......esent petitioner was not made respondent in Writ Petition No.165 of 1998 and it was not brought to the notice of this Court in that writ petition that there is a decision of the Civil Court about the nature of the property which was subject matter of that writ petition. In view of the above position..

Category: Property Law | Date: | Hits: 71

Md. Shafi Kha Vs. State, 2011, 40 CLC (HCD)

.... directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......ed in connection with any other case. Send down the L.C. records at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ...... directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 57

Jabed Ali alias Kasai Jabed alias Mawra Jabed Vs. State, 2011, 40 CLC (HCD)

....war Ali is acquitted of the charges levelled against him and discharged from his bail bond. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......ainst him and discharged from his bail bond. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......e appellant, but the deposition of the informant (P.W.4) by contrast, indicates that the revolver and other articles were seized from the exclusive possession of the appellant, without mentioning the nature of such exclusiveness of such possession. P.W.4 also did not mention the manner of recovery. ..

Category: Criminal Law | Date: | Hits: 44

Ziaul Karim Farazi and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)

....smissed the A.T. Case No. 89 of 2000. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 111, 63 DLR (AD) (2011) 119. ......tion which is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 111, 63 DLR (AD) (2011) 119. ......- was modified into Tk. 800-1630/-for the compositors under respondent No.4. The anomaly and discrepancy still continued in the same category of compositor despite having equal qualification and same nature and value of work they perform in those departments of the Government. On 14th September, 199..

Category: Administrative Law | Date: | Hits: 215

Kamruzzaman (Md.) alias Zaman Vs. State, 2000, 29 CLC (HCD)

....har, District-Rajshahi be enlarged on bail in Motihar PS Case No.2 dated 6-3-2000 to the satisfaction of the District Magistrate, Rajshahi. Ed. This Case is also Reported in: 52 DLR (2000) 556. ......otihar PS Case No.2 dated 6-3-2000 to the satisfaction of the District Magistrate, Rajshahi. Ed. This Case is also Reported in: 52 DLR (2000) 556. ......In accordance with agreement with foreign licensees for archaeological exploration and excavations within the term of their licences; or (c) for the export of antiquities which are not of a unique nature in exchange for antiquities of any foreign country. (2) All antiquities the export of whic..

Category: Criminal Law | Date: | Hits: 72

Bally Schutrabriken Ag, Switzerland Vs. Hosnara Begum, 1999, 28 CLC (HCD)

....ined to interfere with the impugned judgment and order. The Court fees paid are correct. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 52 DLR (2000) 546. ......s. Ed. This Case is also Reported in: 52 DLR (2000) 546. ......espect of the same or similar description of goods, the Registrar can grant or refuse to register the trade mark. Section 10(3) should be invoked only in cases of special circumstances of exceptional nature. The parties should be left for determination of their rights by the Civil Court in cases whe..

Category: Intellectual Property Law | Date: | Hits: 210

Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)

....a copy of this judgment be communicated at once. Sheikh Abdul Awal J. - I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 194; 15 MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ......ikh Abdul Awal J. - I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 194; 15 MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ......cused should be given the benefit of the lenient punishment and there is no bar in our Constitution to give him the benefit of the more lenient law. He also submitted that when the law is remedial in nature then it will be given retrospective effect. In support of his contention he referred to Mr. B..

Category: Criminal Law | Date: | Hits: 128

Asaduzzaman (Md.) Vs. Md. Salamatullah & others, 1999, 28 CLC (HCD)

....quashed. In the result, both the Rules are made absolute. The proceedings of CR Case No.555 of 1996 and CR Case No.65 of 1996 are quashed. Ed. This Case is also Reported in: 52 DLR (2000) 530.......ade absolute. The proceedings of CR Case No.555 of 1996 and CR Case No.65 of 1996 are quashed. Ed. This Case is also Reported in: 52 DLR (2000) 530.......e of refusal. In this particular case before us there is no allegation of any inducement or any specific promise. It is clear to us that the transaction of the accused with the complainant was of the nature of regular and routine business transaction. In such a transaction, naturally there is no ind..

Category: Criminal Law | Date: | Hits: 46

Agrani Bank Vs. W Rahman Jute Mills Ltd. and ors., 1998, 27 CLC (HCD)

.... may be made to the decisions reported in 14 BLD (AD) 196 and 18 BLD 291. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 235. ......he Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 235. ......obtained by the bank. He further argued that though the Artha Rin Adalat is a civil Court but it is not a civil Court as contemplated under the Code of Civil Procedure. It is a civil Court of defined nature having its own forum of appeal and all the provisions of the Code of Civil Procedure have not..

Category: Civil Law | Date: | Hits: 108

Ekramul Huq @ Bachchu and another Vs. State, 1999, 28 CLC (HCD)

....ribunal may consider the question of granting bail to the accused persons if such application is made. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) 219. ......bail to the accused persons if such application is made. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) 219. ......on of retrial does not arise. It is interesting to note that, in this reported case, the Court made the following observation: “We may observe that we have constantly cases before us of the same nature in which proceedings of the Magistrate are set aside for want of jurisdiction, and it has nev..

Category: Criminal Law | Date: | Hits: 90

Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)

....rder as to cost. All interlocutory orders, issued earlier, are hereby vacated. Mohammad Anwarul Haque J.- I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 386. ......arlier, are hereby vacated. Mohammad Anwarul Haque J.- I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 386. ...... constitutional mandate and power to ensure the accountability of the executive organ of the State by requiring the concerned Ministries to respond to their questions and concerns. A direction in the nature of mandamus directing the Government to evolve a national policy through Parliament ensuring ..

Category: Constitutional Law | Date: | Hits: 231

Rowshan Ali (Md.) Vs. State, 2000, 29 CLC (HCD)

....his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510.......aining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510.......for distribution of the same amongst the distressed persons of his locality. Accused Rowshan Ali on 11-10-90 lifted 20 metric tonnes or rice vide DO No.0010103 from the Bera Food Godown by putting signature in the Bill Token Register. It was stipulated in the allotment letter that the aforesaid reli..

Category: Criminal Law | Date: | Hits: 88

Atiqur Rahman (Md.) Vs. Ainunnahar, 1999, 28 CLC (HCD)

....en absolutely without any merit, the same must be discharged. Resultantly, the Rule is discharged. Order of stay stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (2000) 453.......d in: 52 DLR (2000) 453.......lowed the appeal, set aside the judgment and decree recorded by the Family Court and sent the suit back on remand for fresh trial with the observation that the genuineness of the Talaknama and the signature thereon were required to be proved legally which in fact was not done in the matter. (d) T..

Category: Procedural Law | Date: | Hits: 67

Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)

....the Appellate Division and hence we allow the prayer and accordingly grant certificate for preferring appeal before the Appellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ......ppellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ......e of jurisdiction, the decision in the matter is a nullity and no waiver or consent by the parties can confer any jurisdiction. The proceedings under section 22 or 34 of the Act are quasi-judicial in nature and the aforesaid principles will apply to the present case. We have already found that the D..

Category: Fiscal/Taxation Law | Date: | Hits: 96

Bibi Zarina and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)

....-91 passed by the 1st Court of Settlement in Case No.719 of 1987 within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: 52 DLR (2000) 439.......9 of 1987 within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: 52 DLR (2000) 439.......as an affidavit sworn by Md. Siddique, the original allottee, before the 1st Class Magistrate expressing his allegiance to the Government of Bangladesh on 13-10-1972 and another affidavit of the same nature was sworn by him before the Notary Public on 9-12-1981. The death certificate of Md. Siddique..

Category: Property Law | Date: | Hits: 90

Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)

....y set aside and Money Suit No.1 of 1991 of the Court of Subordinate Judge, Munshiganj in dismissed. There shall be no order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 434. ...... There shall be no order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 434. ...... defendant it cannot be said that the suit is not maintainable. The learned Advocate further submits that the suit i.e. Artha Rin Adalat Suit No.1 of 1991 and Money Suit No.1 of 1991 are of different nature and decided by Judges under different jurisdiction and therefore the question of res judicata..

Category: Civil Law | Date: | Hits: 101

Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)

.... declared accepting the decision No.8823 dated 13-9-2000 of the Chittagong Port Authority as contained in Annexure-B to the petition. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 599. ......0 of the Chittagong Port Authority as contained in Annexure-B to the petition. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 599. ......performs functions vested in them F under a statute and in the exercise of such power conferred under the statute, if a contract is entered into that cannot be said to be a mere contract of a trading nature, but a contract exercising sovereign function and in such circumstances writ may be invoked b..

Category: Others | Date: | Hits: 153

Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)

.... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261.......dgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261....... the honour to inform you that Mr.………… Member of the Parliament of the Peoples Republic of Bangladesh, was tried at the…………….Court before me on a charge (or charges) of………….(nature of offence charged.) On……………………. (date) after trial lasting for………â€..

Category: Constitutional Law | Date: | Hits: 202