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Abdus Sattar @ A. Sattar @ Sottar Vs. State, 2006, 35 CLC (HCD)
....ion with any other case. He is also discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 415, 26 BLD (HCD) (2006) 351.......rocedure was also not examined in the instant case. His another contention is that the learned Judge while passing the order of conviction and sentence also contradicted in his finding holding that a proceeding should be initiated against the informant Milon Kanti Barua for bringing out the false an..Category: Criminal Law | Date: | Hits: 59
Suratjan Bewa Vs. Md. Abdul Mannaf and others, 2006, 35 CLC (HCD)
....e in the Rule issued. In the result, the Rule is discharged. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 400....... the relevant law attracted to this case. The starting point for the lower appellate Court has been that of the presumption that attaches upon the act of registration, to the effect that registration proceedings are to be deemed to have been regularly and honestly carried out unless it is otherwise ..Category: Property Law | Date: | Hits: 82
Aftab Ali Sheikh (Md.) Vs. Director, Land Records and others, 2006, 35 CLC (HCD)
....ade and passed illegally and without lawful authority and to be of no legal effect. The stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 58 DLR (2006) 397....... his act in doing so shall not be open to appeal. At the same time, the Revenue-Officer shall make the correct entry after giving the parties concerned a hearing and recording his finding in a formal proceeding for the purpose of future reference." 13. From a plain reading of rule 42A, it is appa..Category: Property Law | Date: | Hits: 62
Sheikh Mujibur Rahman @ Rajib Ullah Vs. State, 2004, 33 CLC (HCD)
....upon Mr. Md. Abdur Rashid Mia then Sessions Judge, now Jananirapatta Bignakari Aparadh Daman Tribunal, Barisal by guaranteed registered post. Ed. This Case is also Reported in: 58 DLR (2006) 393.......dealt with in the Evidence Act in view of the fact that there are no pleadings in a criminal Court and an accused person cannot be judged in a criminal case, by how he pleads or fails to plead in the proceeding. The plea of guilty must distinctly admit each and every fact necessary to constitute the..Category: Criminal Law | Date: | Hits: 51
Nasima Akhter Banu Vs. Abu Taher Masud and others, 2006, 35 CLC (HCD)
....ed earlier by this Court is hereby vacated. Communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 370. ...... assails order of the learned Courts below by referring the Provisions laid down in Order VI, rule 17, CPC that to determine the real questions of controversy between the parties, at any stage of the proceedings the plaint may be amended. In support of his contention he referred the case of Md. Sira..Category: Procedural Law | Date: | Hits: 99
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.......ying to dispossess the petitioner from the rightful ownership and possession. The petitioner tried to resist them and there arises serious breach of peace including committing of murder. Therefore, a proceeding under section 144 of the Code of Criminal Procedure may be started. 3. The learned Mag..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. ......haflquel Islam Siddique, Advocate—For the Opposite Party No. 2. Criminal Miscellaneous Case No. 4846 of 2004. Judgment Sharifuddin Chaklader J.- This Rule was obtained for quashment of the proceeding of CR Case No. 85 of 2003 pending in the Court of Magistrate, First Class, Rangpur. 2...Category: Criminal Law | Date: | Hits: 46
Abdus Salam (Md.) Vs. Deputy Registrar of Trade Marks and others, 2005, 34 CLC (HCD)
....a is directed to dispose of Trade Marks Appeal No. 5 of 2004 on merit in accordance with law. No order as to costs in any of the appeals. Ed. This Case is also Reported in: 58 DLR (2006) 343.......Marks Appeal No. 5 of 2004 has been filed by the appellant against the order dated 8-10-2003 passed by the Deputy Registrar of Trade Marks, Dhaka in Rectification Case No. 315 of 2001 staying further proceedings of the said case till the decision of Trade Marks Appeal No. 11 of 2002 pending before t..Category: Intellectual Property Law | Date: | Hits: 189
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....... this Court may seem fit and proper. 2. Facts leading to disposal of the Rule are as follows: Opposite-party No.2 Abdur Rahim filed an application in the Court of the learned Magistrate to draw proceeding against the 2nd party Abdul Ahad and others under section 144 of the Code of Criminal Pro..Category: Criminal Law | Date: | Hits: 60
Mansur Ali Howlader Vs. Nurul Islam Howlader, 2004, 33 CLC (HCD)
....ppeal in accordance with law and to dispose of the appeal within 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 58 DLR (2006) 304, 26 BLD (HCD)(2006) 53.......oner he has become a third party and sections 96, 104 and 146 of the Code of Civil Procedure do not prohibit a 3rd party/stranger from filing an appeal having interest in the property involved in the proceeding if his interest is adversely affected by an order or decree. 9. Section 96 of the Code..Category: Property Law | Date: | Hits: 81
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. ......hall not include (a) any adjudication from which an appeal lies as an appeal from an order, or (b) any order of dismissal for default. Explanation.— A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such ad..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. ...... "NABISCO." 3. By an amendment to its petition, the petitioner claimed that the learned Advocate, who had been engaged by the petitioner to file the opposition to the impugned trademarks, left the proceeding unattended, which resulted in the opposition being treated as abandoned. It is claimed th..Category: Intellectual Property Law | Date: | Hits: 386
Motleb Mondal Vs. State & others, 2005, 34 CLC (HCD)
....57/2000 in accordance with law and in the manner as directed in the cited decision as reported in 18 DLR SC 474. Copy is sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 282. ......sions Case 28/2001 should not be set aside or pass such other order or orders as this court may deem fit and proper. Rule was made returnable within 4 weeks. 2. Pending hearing of the Rule further proceedings of both Sessions Case 28/2001 and Sessions Case 57/2000 were stayed for 3 months. Subseq..Category: Criminal Law | Date: | Hits: 41
Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed and others, 2006, 35 CLC (HCD)
....aside and the original suit being Miscellaneous Appeal No. 76 of 1992 be restored to its original file and number. Ed. This Case is also Reported in: 58 DLR (2006) 277, 26 BLD (HCD) (2006) 388. ......not duly served; or (II) he was prevented by any sufficient cause from appearing when the suit was called out for hearing, the court will set aside the decree passed against him and appoint a day for proceeding with the suit. 23. In this case the question of service of summons does not arise as t..Category: Property Law | Date: | Hits: 115
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.......ve noticed with utter dismay that during the pendency of the contempt Rule the said contemner has been allowed to join the promotion post of Joint Secretary, Ministry of Home Affairs. When a contempt proceeding has been pending against a government functionary no less than the Deputy Commissioner an..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. ...... petitioner calling upon the respondents to show cause as to why the impugned order No. 16 dated 20-11-2000 passed by respondent No. 1 in Bankruptcy Case No. 6 of 2000 (Annexure-D) and the subsequent proceedings in Bankruptcy Case No. 6 of 2000 pending before respondent No. 1 should not be declared ..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. ......nju examined thereafter, the post-mortem report and other materials on record found that there are sufficient materials to make out a prima-facie case under Section 302 and 34 of the Penal Code for proceeding against the accuse petitioner whose name was mentioned in the First Information Report an..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.......missions of the learned Counsel appearing for the appellant that both the High Court Division as well as trial court failed to consider that as per Section 14 (2) of the Arbitration Act, 1940 the proceedings of the arbitration along with the documents and depositions taken in the proceeding shal..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. ......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. ..Category: Employment/Service Law | Date: | Hits: 79
Tahera Begum and others Vs. Mizanur Rahman (Md.) and others, 2004, 33 CLC (HCD)
.... in Title Suit No. 12 of 2002 staying all further proceedings of Title Execution Case No. 1 of 2002 is hereby set aside. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 224.......ication under section 115 of the Code of Civil Procedure against an order dated 27-7-2002 passed by Joint District Judge, Court No.2 at Chandpur in Title Suit No. 12 of 2002, which stayed all further proceeding of Title Execution Case No. 1 of 2002. 2. It is stated that one Md. Mohsin Khan, prede..Category: Property Law | Date: | Hits: 72
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