Search Options
Judgment Advanced Search
Displaying 1801-1820 of 2921 results.
A Rouf and others Vs. State and another, 1999, 28 CLC (HCD)
....ioner refused to marry her. There was salish on the mater. The petitioner No.1 according to decision of salish married the complainant on 13-5-93 and when the child in the womb grew up the accused persons committed miscarriage on 19-5-93. 3. Thereafter, the opposite party No.2 on 19-5-93 filed th......d the case before the Magistrate. At the time of hearing of the petition, the complainant annexed a medical certificate from the Gynecologist who opined about the occurrence. The Magistrate, however, called for a report from the Civil Surgeon, Thakurgaon as to the occurrence, who of course, opined t......order of the Sessions Judge that the Magistrate shall dispose of case in accordance with law is upheld. Accordingly this Rule is disposed of. Ed. This Case is also Reported in: 52 DLR (2000) 395...Category: Criminal Law | Date: | Hits: 43
Mazharul Huq Quraishi and others Vs. Hari Chandrs Hrishi and another, 2000, 29 CLC (HCD)
....sal of the petition of complaint and other papers filed along with the application under section 561A of the Code it appears that one Kalu possessed 0.333 decimals of land. On death of Kalu his heirs sold out 0.29 ½ out of 0.333 decimals to Durga Charan Rishi, Mati Lal Rishi and Ghuti Rishi vide Ka......ney-General—For the State. Criminal Miscellaneous Case No. 2327 of 1998. Judgment Md. Abdul Quddus J.- By this Rule under section 561A of the Code of Criminal Procedure opposite party was called upon to show cause as to why the proceeding of Petition Case No. 25 of 1993 under section 420......ccused petitioners in league with accused No. 4 took the deeds with dishonest and fraudulent intention and inducement with promise to return within 7 days but subsequently destroyed the deeds causing loss to the complainant without returning the same as per promise. He contends that when there has b..Category: Criminal Law | Date: | Hits: 42
Md. Azizur Rahman Vs. State and another, 2010, 39 CLC (AD)
....elief as prayed for. In view of the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 50. ......ported poultry feed from India opening the complainant Bank 20% margin letter of credit No. UCBER B-ACU-98092 dated 16.04.1998 and letter of credit No. UCBER B-ACU-98124 dated 17.05.1998 herein after called L/C for $ 12,2000 and $ 10,8000 (Bangladeshi TK.5,68,215.00 and 4,86,902.00) PAD No.135/98 an......ollect the shipping documents on payment of Banks dues against L/C by 18.06.1998 and 11.07.1998 but the accused No.1 by his letter dated 08.10.1998 informed the Bank that due to flood he had suffered loss in his business and as such, he will collect the shipping documents by arranging payment of the..Category: Criminal Law | Date: | Hits: 55
Md. Raisuddin Biswas and others Vs. Md. Mazed Ali, 2009, 38 CLC (AD)
....zzul Islam J. - The above appeals, by leave, are directed against the common judgment and order dated 13.7.2004 of the High Court Division passed in Civil Revision Nos. 5480 and 5481 of 2000 making absolute the Rules obtained challenging the common judgment and decree dated 18.7.2000 of the learne......or declaration simpliciter is not maintainable; moreover the concerned volume containing the records of Deed No.21065 dated 15.4.75, which is a permanent record and is kept under double lock, was not called for and accordingly the High Court Division rightly refused to rely on the photocopies of the...... be sustained and accordingly those are set aside. Both the appeals are allowed without any order as to costs. End. This Case is also Reported in: VIII ADC (2011) 1, 16 MLR (AD) (2011) 261. ..Category: Property Law | Date: | Hits: 109
Virginia Tobacco Company (BD) Ltd. Vs. Registrar of Trade Marks and another, 2000, 29 CLC (HCD)
....nded by the respondent No. 2 that the people of Bangladesh are quite familiar with State Express cigarettes and the words "State" and "Express', either singly or in combination, have become closely associated in the minds of the public in Bangladesh with their products only and it has now come to su......Express" from the label of the appellant. 2. The respondent No.2 Ardath Tobacco Company Limited filed an application under section 37 read with section 46 of the Trade Marks Act, 1940 (hereinafter called "the Act") for removal or rectification of the registered Trade Mark of the appellant on the ......the name of the respondent No. 2 which contravenes the provisions of the law for which also the trade mark of the appellant is liable to be rectified otherwise the respondent No. 2 will sustain heavy loss in their business. 7. We have perused the materials available on record and considered the s..Category: Intellectual Property Law | Date: | Hits: 226
Nurul Islam Babul (Md.) Vs. State, 2004, 33 CLC (HCD)
.... is not being illegally harassed without due process of law. 2. The facts giving rise to the application succinctly are that the petitioner is one of the biggest industrialists in Bangladesh and also well known in the media circle since he owns one of the biggest Bengali newspapers namely, 'The D......ed calling upon the opposite party to show cause as to why the records of the Badda PS Case No. 27(3) 04 dated 20‑3‑2004 pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be called for to be satisfied that the petitioner is not being illegally harassed without due process o......n report will consider the prayer for bail in accordance with law. With the aforesaid direction and observation the Rule is disposed of. Ed. This Case is also Reported in: 56 DLR (2004) 347. ..Category: Criminal Law | Date: | Hits: 60
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....and proper. 2. It is stated in the petitions that the detenue Liakat Sikder is a student of Dhaka University and President of Bangladesh Chattra League and the detenu Md. Rafiqul Islam Kotwal is also a student of Dhaka University and Vice President of Bangladesh Chattra League. They have long pol......tating its own reason, can adjourn the proceedings till such time as the investigation is completed. From this, it would be clear that in the first stage under section 167 of the Code that is usually called remand to the police or in the prison. The second stage comes when the investigation is not c......947). 18. In People Vs. Defore, (1926) 242 NY 13, 24: 150 NE 585, 589 Justice Cardozo observed: "The question is, whether protection for the individual would not be gained at a disproportionate loss of protection for society. On the one side is the social need that crime social need that law s..Category: Criminal Law | Date: | Hits: 70
Mahbubur Rahman Vs. Syed Mostofa Jaman and others, 2002, 31 CLC (HCD)
....ut the same was for a limited purpose and the entire Code of the Civil Procedure has no application in the disposal of an election petition. The learned Advocate has invited my attention to Rule 47 also which provides that subject to the provision of this rule, every election petition would be tried...... M Ashruf Ali for Farhad Ahmed, Advocate-For the Opposite Parties. Civil Revision No. 1180 of 1999. Judgment Bijan Kumar Das J.- By this Rule the opposite party No.1 was called upon to show cause as to why the impugned order dated 11‑3‑1999 passed by the Election Tr...... stay of all further proceedings of Election Case No. 3 of 1998 now pending in the Election Tribunal. Gaibandha Sadar is vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 322. ..Category: Election Law | Date: | Hits: 79
State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....) Present: AK Badrul Huq J M Abu Tariq J State………………………………………………….….Petitioner Vs. Ershad Ali Sikder and others ...............Condemned Prisoners Judgment July 28, 2003. Cases Referred to- Begu Vs. Emperor, AIR 1925 PC 130; Md.......ne No. 760934 of PW 36. Hashem Ali Molla (PW 36) received the call and on the other side of the telephone Abdus Sabur (convict-appellant) wanted to know the arrival of Fatik. Hashem Ali Molla (PW 36) called Fatik and Fatik and Abdus Sabur had conversation over telephone. After half an hour of first ......2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ..Category: Criminal Law | Date: | Hits: 69
Ali Akbar (Md) and others Vs. Sakina Begum and others, 2002, 31 CLC (HCD)
....1991 by defendant No. 5 as described fully in schedule F to the plaint and number of affidavits dated 18‑11‑1984 are all fraudulent, illegal, void, and not acted upon and binding upon them and also for partition for 2/5th share of the suit property. All the defendants jointly denied the plaint ......rder dated 15‑1‑2002 appointing receiver of the suit property hereby set aside. The application for appointment of a receiver is rejected. Connected Rule is also discharged and order of stay is recalled. Learned Joint District Judge is directed to proceed with the Suit, expeditiously, Comm......rty. Thirdly, the possession of persons bona fide in occupation of the property should not be disturbed unless there is clear case of wastage or dissipation of property or apprehension of irreparable loss or injury. 12. In a suit for partition, of course there is no bar for appointment of a recei..Category: Property Law | Date: | Hits: 69
Nizam Khan (Md) Vs. State and another, 2003, 32 CLC (HCD)
....hat he is the proprietor of AZ Abdullah & Sons and dealing in cloth business in Islampur for the last 20/25 years. He used to sell cloth of different types to shop‑keepers on cash payment and also on credit. He became acquainted with the accused‑petitioner Md Nizam Khan, e proprietor of Dign......litan Magistrate, Dhaka The Rule is, therefore, liable to be discharged. The order staying further proceeding of CR No. 5149 of 1999 at the time of issuance of the Rule on 5‑3‑2000 is hereby recalled. In the result, the Rule is discharged. Communicate this order to the Court of the Chie......ey which he will issue in favour of the opposite party No. 2 complainant and that in no way the cheque be dishonoured and that he will not resort to any kind of deception so as to cause any financial loss to the opposite party No.2 complainant. He also referred the decisions reported in 1999 BLD (AD..Category: Criminal Law | Date: | Hits: 38
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....a Rehana Begum-For the Informant-Added-Respondent. Criminal Appeal No. 1687 of 1996. Judgment AK Badrul Huq J.- Crime against a woman/girl in general and rape in particular is on spurt. Rape sometimes followed by death has become a regular episode. This is a disturbing phenomenon. Rape is a......l Chandra Achariya and used to perforin daily family works. On the night of incident, that is, on 10‑10‑1991 at 10.00 am Dr. Anukul Chandra Achariya and Sandha Ram, mother of accused‑appellant, called on Prosecutrix to serve dinner of accused-appellant in his room situated in northern portion ......neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285...Category: Criminal Law | Date: | Hits: 64
....and 370 of Khatian No. 20/2 from one Nirmala Chowdhury and Sundip Chowdhury by a registered kabala dated 30-7-1970 and since such purchase they are holding and possessing the said land. It has been also stated that since the petitioner and his brother were residing in the United Kingdom they could n......plication before the Additional Deputy Commissioner (Revenue), Sunamgonj and obtained an order of stay and the records of Miscellaneous Case No. 32 of 1993-94 of the Office of the respondent No.2 was called for by order dated 16-10- 1993 but in spite of the said order the respondent No. 2 most illeg......without any lawful authority and is of no legal effect. In the facts and circumstances of the case, there will be no order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 183...
Category: Property Law | Date: | Hits: 172
.... rickshaw, steel body and other iron and steel products. He obtained necessary trade licence and got his name mutated in the office of the Assistant Commissioner (Land). He paid rents and taxes. He also obtained permission from defendant No.3 to mortgage the framed land in order to collect fund. He ......o.4 cancelling his lease. On 9‑11‑94 he unsuccessfully saw defendant No.3. He came to know that by letter dated 29‑10‑94 the demised land was already allotted to Md. lqbal Ahmed Bhuiyan, so‑called proprietor of 'the Little Industries'.
6. Defendant Nos. 1 to 5 jointly and defendant No.7......ant No.7 are declared to be illegal, collusive, without jurisdiction, mala fide and of no legal effect.
Send down the LCR at once.
Ed.
This Case is also Reported in: 56 DLR (HCD) (2004) 269.
..
Category: Property Law | Date: | Hits: 73
Pak Eastern Industries Ltd. Vs. DC, Dhaka and another, 2004, 33 CLC (HCD)
.... the appeal against judgment and order dated 15‑1‑2003 passed by Joint District Judge and Arbitrator at Dhaka in Arbitration Case No. 296 of 2000. 2. The Rajdhani Unnayan Kartipakkha (RAJUK) also presented a cross-appeal from same order. 3. On or about 29‑11‑2000, the owner made an app......hin a period of three months from date of receipt of this order, positively. Send down the records at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)259. ...... law in not determining the price of the land with reference to the date of such notification only. 14. He submitted that learned arbitrator committed serious error in not granting any damages for loss of profit, loss of running business, for severance of the acquired land from other land of the ..Category: Property Law | Date: | Hits: 77
Tofail Ahmed alias Joseph Vs. State, 2004, 33 CLC (HCD)
....secution evidence. Subsequently on the same day after rising of the Court, witness Dr Rehana Khan filed Hajira. Then by order No. 123 of that day, the tribunal fixed for examination of the accused person under section 342 of the Code to examine that witness. 4. The facts relevant to the case, in ......ation of those two witnesses. Admittedly, the defence cross‑examined those two witnesses (vide Annexes H‑13, H and paragraph 24 of the application). 10. So, it is clear that the witnesses were called and examined by the tribunal without any objection from the defence. By this conduct the accu......esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ..Category: Criminal Law | Date: | Hits: 60
....use the same was premature; no appeal lies against the order according permission to cancel registration of a Union, rather an appeal lies against the order for cancellation of registration.
8. As soon as the petitioner withdrew Appeal No.31 of 1992 as aforesaid, respondent No. 2 cancelled regist...... its representative capacity as it is not “a person aggrieved” within the meaning of that expression in the Article, that under the Service Rule of the Grameen Bank, the alleged members of the so-called Karmachari Union do not fall within the meaning of “Worker” as defined in the IRO; that t...... the result, the Rule is made absolute without however any order as to cost.
Let the lower Court records be sent down immediately.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 179.
..
Category: Labour and Industrial Law | Date: | Hits: 186
Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)
.... Corporation.............................Petitioner Vs. Maico Jute and Bag Corporation and others ...............Opposite Parties Judgment April 8, 2002. Result: The Rule is made absolute with costs. Cases Referred to- Damodar Valley Corporation Vs. KK Kar, AIR 1974 SC 158;......e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ......pensation with interest of Taka 3,814,265.39 for the period from 14‑5‑2000 to 30‑4‑2001 and also for further decree for damages of US $ 1,000,000 equivalent to Taka 55,000,000 against trading loss, US $ 2,000,000 equivalent to Taka 110,000,000 against international market loss and US $ 5,000..Category: Alternative Dispute Resolution | Date: | Hits: 245
Abdur Rahman Kha (Md) Vs. State, 2002, 31 CLC (HCD)
....er section 439 of the Code of Criminal Procedure, this Rule was issued calling upon the Deputy Commissioner, Jhalakathi and opposite party No.2 Samir to show cause as to why Order dated 20‑4‑2000 so far as it relates to discharge of accused opposite party No. 2 Samir and framing of charge agains......esent application before this Court may now be considered. 9. Section 439 of the Code of Criminal Procedure is quoted below: "439. (1) In the case of any proceeding the record of which has been called for by itself or which has been reported for orders, or which otherwise comes to its knowledg......er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ..Category: Criminal Law | Date: | Hits: 82
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....on (Criminal Appellate Jurisdiction) Present: SK Sinha J MM Rahman J State..........................................Appellant Vs. Ershad Ali Sikder and others........Condemned Prisoner Judgment February 18, 2004. Cases Referred to- Mitthulal and another Vs. State of ......on report Exhibit I and his signature Exhibit 1/1. His evidence has been narrated above. In cross-examination, he stated that he could not say who wrote the first information report that the police called him to the police station for lodging first information report and that he told to the police......dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ..Category: Criminal Law | Date: | Hits: 110
45914589457745664560455645544553455145504549454745444540453845374533452545224517