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Ismail Howlader and others Vs. State, 2006, 35 CLC (HCD)
....t in Sessions Case No. 69 of 1993. By that judgment the six appellants were found guilty of the charge under section 302 read with section 34 of the Penal Code and each of them were sentenced to imprisonment for life and also to pay a fine of Taka 2000 in default, to suffer rigorous imprisonment for...... into the left side of the chest of Nasir with a dagger. Nasir fell down. Informant's son Lokman and Shahidul again tried to rescue Nasir. But appellant Ali Hossen and Waliur, being armed with weapon called leja, threatened the attempting rescuers not to proceed. However, on seeing Nasir's condition......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...Category: Criminal Law | Date: | Hits: 43
Nil Sen Singh Vs. Radha Mohan Singh and others, 2006, 35 CLC (HCD)
.... for partition of his 2/3 rd share out of 2.782/3 acres in the schedule properties. 3. The case of the plaintiff, in short, is that Babu Ram Singh was the owner of the suit land who died leaving 4 sons, namely, Brojadhon, Kunjaya, Raja Singh and Nimai Singh as his heirs; that thereafter Raja Sing......n the party that substantially asserts the affirmative of the issue and not upon the party who denies it. It is reasonable and just that the suitor, who relies upon the existence of a fact, should be called upon to prove his own case. The parties on whom the onus of proof lies must, in order to succ......tle Suit No. 2 of 2003 is set aside. The judgment and decree dated 30-1-2003 of the trial Court is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 329. ..Category: Property Law | Date: | Hits: 75
Noorjahan Ahmed and others Vs. Tarifuddin Ahmed, 2003, 32 CLC (HCD)
....he suit but the failure of the Judge has caused a miscarriage of justice. He next submits that the finding of the Court below is based on misreading of evidence and no consideration of evidence. He also submits that there was no substituted service upon the defendants of that suit in accordance with......plaint of that suit. This finding of the learned Subordinate Judge does not stand to reason. 7. It is evident from the Judgment of the Court below that the record of Other Suit No. 105 of 1983 was called for and was before the Court but the Court did not come to any finding about the sufficiency ......ps for reconstruction of the record of the other suit No. 105 of 1983. There shall be no order as to cost. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 326...Category: Property Law | Date: | Hits: 83
Abdul Khaleque Vs. Hazera Begum and another, 2006, 35 CLC (HCD)
....bdul Khaleque are workers under the Dhaka Municipal Corporation and live in neighboring residential quarters. On 21-8-94 the petitioner had left an iron bed in front of the informant's door where her son-in-law brushed against it and got injured. The informant asked the petitioner to remove the bed,...... an injury was caused to the complainant which required several stitches. The learned trial Judge saw and commented upon the injury, which he noticed on the head of the victim. However, no doctor was called to substantiate the extent of the injury nor the piece of wood, which was used to strike the ......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...Category: Criminal Law | Date: | Hits: 97
Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)
....the accused petitioner pleaded guilty and the learned Additional District Magistrate found him guilty of the offence punishable under section 475 of the Penal Code and awarded sentence to suffer imprisonment for a period of 3 (three) days only and was also found guilty of the offence punishable unde......d out above, an integrated approach in interpretation of tills word "complainant" as occurred in this section 195(l)(c) is required to be made in the light of social necessities in which the Court is called upon to interpret. The process of interpretation involves making the law a workable one or an......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...Category: Criminal Law | Date: | Hits: 60
Mansur Ali Howlader Vs. Nurul Islam Howlader, 2004, 33 CLC (HCD)
.... judgment and decree dated 16-4-1985 and 20-4-1985 respectively passed by the Subordinate Judge, Barisal in Title Suit No. 285 of 1971. 2. The case of the petitioner, in brief, is that the predecessor of the opposite parries Nos. 1-16. Sadek Hossain Howlader (since deceased) as plaintiff filed Ti......t persons including the petitioner on 3-6- 1974. The said application dated 27-6-1984 was fixed for hearing on 27-8-1984 and the petitioner was ready for hearing filing hazira but when the matter was called on for hearing the learned Advocate for the petitioner could not be present since he was enga...... been provided under section 146 of the Code of Civil Procedure to the petitioner to prefer the aforesaid appeal No. 73 of 1985 as assignee of defendant No. 5 and that the petitioner would suffer a colossal loss if he is not allowed to prefer the appeal in question against the judgment and decree da..Category: Property Law | Date: | Hits: 81
Nabisco Biscuit and Bread Factory Ltd. Vs. Baby Food Products Ltd. and another, 2005, 34 CLC (HCD)
.... under applications No. 1713, 1723, 1733 and 1734, in class 30. The applications were duly advertised and there being no opposition, the marks were registered. In addition the petitioner registered associated trade marks of various types of biscuits. It is contended that the trademark "NABISCO" atta......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. ......, 45164, 45284, 45285 and 56085 in class 30. The petitioner claims that such registration, in gross violation of the provisions of law, of deceptively similar trade marks, has resulted in irreparable loss and suffering to the petitioner's goodwill in its business and also has resulted in fall in sal..Category: Intellectual Property Law | Date: | Hits: 386
Motleb Mondal Vs. State & others, 2005, 34 CLC (HCD)
....to contest the Rule. 4. Rule being ready was fixed for hearing. 5. At the hearing learned Advocate for the complainant petitioner Motleb Mondal of Sessions Case 28/2001 submits that one Rezaul, son of this petitioner Motleb Mondal, was murdered during occurrence at 8-30 AM on 2-5-95, but accus......onsidered by Honorable Supreme Court which directly held that complaint case is to be tried first and on conclusion of witnesses of the complaint case, the witness of police case (chalan case) can be called as court witnesses under section 540A of the Code to be examined and cross examined by the pa......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. ..Category: Criminal Law | Date: | Hits: 41
Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed and others, 2006, 35 CLC (HCD)
.... Judge, Sadar, Chittagong. 3. The short facts relevant for the purpose Of this case are that the suit land belonged to Md. Ibrahim and RS khatian was prepared in his name who died leaving 3(three) sons and 3(three) daughters and a widow who got their property and they separated their share by agr......e learned Advocate for the defendant No. 1 was on his legs for long time in the court of learned District Judge and, as such, he was unable to appear before the learned trial Court, when the suit was called for hearing; that after the completion of his 'Ehetekaf' the defendant No. 1 contacted with h......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. ..Category: Property Law | Date: | Hits: 115
Kazi Rashed Akhter Shahid (Prince) Vs. Rokshana Choudhury (Sanda), 2006, 35 CLC (HCD)
....enior Assistant Judge, Sadar and Family Judge, Tangail praying for declaration that the divorce dated 22-5-1998, 22-6-1998 and 22-7-1998 is illegal and void and for restitution of conjugal life and also further prayed for a decree of dower of Taka 3,00,000 and for maintenance at the rate of Taka 5,0......guardian of the plaintiff. It is further stated that the defendant is a man of Jessore and there was no reason of his marriage at Tangail and that his guardian or relations were not present in the so-called marriage demanded by the plaintiff and, as such, the judgment and decree dated 17-10-2002 was......of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 271, 26 BLD (HCD) (2006) 613. ..Category: Family Law | Date: | Hits: 184
MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)
....ed Bank constituted under PO No. 26 of 1972. 3. The respondent No. 2 as plaintiff instituted Bankruptcy Case No. 6 of 2000 before the Bankruptcy Court, Chittagong impleading the petitioner and his sole proprietorship firm Messrs MA Salam and Company as defendant Nos. 1 and 2 respectively for decl......urt, the impugned order passed by respondent No. 1 rejecting the prayer of the defendant-petitioner for rejection of the plaint has been passed in accordance with law and, as such, no interference is called for. Mr. Siddique submits that dismissal of the plaint involves both question of law and fact......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. ..Category: Civil Law | Date: | Hits: 131
Md. Lokman @ Lokman Vs. State, 2010, 39 CLC (AD)
....a erected a Jatra Pandel for aiding an institution and that on 01-01-2001 rehearsal of Jatra was stated at about 11.00 P.M. while the deceased was supervising the rehearsal programme the accused persons rushed to the place of occurrence with deadly weapons and opened fire by firearms in order to c......d in a different date which are found inconsistent with each other, even with the statement, produced by the prosecution with the help of the informant." In such a situation the High Court Division called for the "case diary" to verify the matter on the request of the learned Assistant Attorney Ge......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. ..Category: Criminal Law | Date: | Hits: 73
Abi Abdullah (Md.) and others Vs. Government of Bangladesh, 2005, 34 CLC (HCD)
....ard to abatement of rent on account of diluvion and determination of right in land re-appearing on account of alluvion. By the said Act, the right, title, interest of the original tenant or his successor-in-interest would subsist in the lands of a holding or portion thereof during the period of loss...... petitioners are concerned. In the result, the Rule is made absolute so far as it relates to the petitioners without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 250. ......on account of alluvion. By the said Act, the right, title, interest of the original tenant or his successor-in-interest would subsist in the lands of a holding or portion thereof during the period of loss by diluvion if such lands re-appeared in situ within 30 years of their loss instead of 20 years..Category: Property Law | Date: | Hits: 99
Executive Engineer, Sylhet Public Works Department Vs. Md. Asob Ali, 2005, 34 CLC (HCD)
....me Court High Court Division (Civil Revisional Jurisdiction) Present: Faisal Mahmud Faizee J Executive Engineer, Sylhet Public Works Department…………….Petitioner Vs. Md. Asob Ali……………………………………………………………………………….Op......on and proceeded for fresh auction in public interest; at this the plaintiff suffered loss of business as he could not invest the amount of the earnest money in his business; the defendant-petitioner called fresh auction without giving any notice to the plaintiff. 3. The petitioner as defendant c......value of the goods quoted by him was found unsatisfactory and, as such, the authorities did not accept his quotation and proceeded for fresh auction in public interest; at this the plaintiff suffered loss of business as he could not invest the amount of the earnest money in his business; the defenda..Category: Business or Commercial Law | Date: | Hits: 209
Badel Alam Howlader Vs. Falu Dewan and others, 2004, 33 CLC (HCD)
....n stating, inter alia, that the opposite-parties did not have possession in the suit land which actually formed part of a graveyard and that it was being managed by the local Union Parishad. It was also stated that a large number of local residents raised serious objection regarding settlement of pl......an that the lower appellate Court considered the evidence on record and arrived at the conclusion that the existence of a graveyard has not been proved. In such view of the matter, no interference in called for and the Rule is liable to be discharged. 9. In support of his contention, Mr. Khan cit......ly within a period of 3 (three) months from the date of receipt of this order. Communicate the order and send down the lower Court records. Ed. This Case is also Reported in: 58 DLR (2006) 218. ..Category: Property Law | Date: | Hits: 66
Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)
....ts relevant for the disposal of the Rule are as follows: Petitioner lodged a first information report with the Banskhali police station on 21-3-99 against Mofizur Rahman and four other accused persons alleging, inter alia, that the accused persons demanded toll of Taka 20,000 on 17-3-99 from the......nts evasively excluding the incriminating portions relating to Mofizur Rahman's participation in the occurrence. The learned Magistrate performed formalities after receipt of the naraji petition, and called for the case diary, heard the learned Advocates at length and on perusal of the case diary no......order is set aside. The learned Additional Sessions Judge is directed to proceed with the case in the light of the observations made above. Ed. This Case is also Reported in: 58 DLR (2006) 193. ..Category: Criminal Law | Date: | Hits: 49
HRC Shipping Ltd. Vs. MV X-Press Manaslu, MV X-Press Resolve & others, 2006, 35 CLC (HCD)
....Division (Admiralty Jurisdiction) Present: Shamim Hasnain J HRC Shipping Ltd…………………………………………………..Plaintiff Vs. MV X-Press Manaslu, MV X-Press Resolve & others………Defendants. Judgment February 6, 2006. Result: The vessels MV...... 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. ......s………Defendants. Judgment February 6, 2006. Result: The vessels MV X-Press 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..Category: Admiralty Law or Maritime Law | Date: | Hits: 314
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....ioners Vs. Anwar Hossain and others……………………………….Respondents. Judgment January 28 & 29, 2003. July 14, 2003. Result: The Rules are made absolute without any order as to cost. Cases Referred to- Osman Gani Mondal Vs. Mainuddin ......luding the decision passed by the Arbitration Tribunal were not taken by any person performing functions in connection with the affairs of the Republic or of a local authority such decision cannot be called in question under Article 102(2)(a)(ii) of the Constitution. 27. In the case of Manjuru......post or position of the Executive Director-II in the Company and also of the Printer, Publisher and Editor of the Daily Ittefaq in view of Article 147(3) as soon as he took oath as a Minster and this loss or cessation of his aforesaid office, post or position is absolute and permanent and not tempor..Category: Information Technology Law | Date: | Hits: 324
Dr. Abdur Rahman and others Vs. Chairman, RAJUK & others, 2005, 34 CLC (HCD)
....h, for clearance to build a 2 Star International Hotel and on proper inquiry the defendant No. 5 gave permission to the petitioners for construction of the said hotel vide Memo dated 10-10-1993 and also directed RAJUK to take steps for issuing clearance letter. The opposite party No. 5 requested the......rdinate Judge (Now Joint District Judge), Dhaka, in Title Suit No. 10 of 2001 rejecting the petitioners' application for injunction filed under section 151 of the Code of Civil Procedure (hereinafter called "the Code"). 2. The petitioners as plaintiffs instituted Money Suit No. 10 of 2001 in the ......nt should be kept in mind but to no effect whereupon the petitioners were compelled to institute the instant suit for realization of the aforesaid amount from the opposite parties as compensation for loss of materials. 4. After filing of the suit the petitioners filed an application for injunctio..Category: Civil Law | Date: | Hits: 99
Sushovan Guha and others Vs. Mahbubul Mannan Chowdhury and others, 2005, 34 CLC (HCD)
....ad 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 defendants Nos. 13 and 14 from leasing out the schedule land to anybody else till......ying the operation of the order dated 5-5-2004 passed by the learned Joint District Judge, 2nd Court Chittagong and the learned District Judge, admitting the revision, notified the opposite party and called for the lower Court's record and also directed the opposite parties Nos. 1 to 3 to show cause......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...Category: Procedural Law | Date: | Hits: 77
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