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....া হয়।
3. The plaint`s case in nut shell was that the defendant No. 1 and 2`s transferor entered into a contract on17.8.1970 with the plaintiff of the instant suit for purchase of the suit land at Taka 3,30,000/-, out of which Taka 33000/- was paid as earnest money. The defendant No. 1 an......thers and another……………... Principal-Defendant-Appellants
Vs.
M/S. Imperial Chemical Industries Bangladesh Limited……………Plaintiff-Respondent
Judgment
March 20, 2011.
Cases Referred To-
19 DLR (SC) 143; 28 DLR (HD) 392.
Lawyers Involved:
Fazlul Karim with Md......য়।
(চ) অন্যান্য প্রতিকারাদ বাদীকে প্রদানের বিহীত আজ্ঞা হয়।
3. The plaint`s case in nut shell was that the defendant No. 1 and 2`s transferor entered into a contract on17.8.1970 with the plaintiff of......gladesh Limited……………Plaintiff-Respondent
Judgment
March 20, 2011.
Cases Referred To-
19 DLR (SC) 143; 28 DLR (HD) 392.
Lawyers Involved:
Fazlul Karim with Md. Omar Faruk-For the Appellants.
Not represented- the Respondent.
First Appeal No. 54 of 1997.
Judgment
..
Category: Property Law | Date: | Hits: 110
Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)
....d in Islamic Jurisprudence. By reference to Sura-5:32 of the Holy Qur'an where it is stated as follows: "......That if anyone slew a person unless it be for murder or for spreading mischief in the land it would be as if he slew the whole people; and if anyone saved a life it would be as if he sav...... of the People's Republic of Bangladesh, Bangladesh Secretariat, Dhaka and others .......................Respondents Judgment March 2, 2010. Result: The Rule is made absolute in part. Cases Referred to- Sheela Barse and another Vs. Union of India and others, AIR 1986 Supreme Court ......shu Nirjatan Daman Bishesh Adalat, Manikganj purportedly under section 6(2) of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 (Act of XVIII of 1995) should not be brought before this Court so that it may satisfy itself that the petitioner is not being held in custody without lawful authority ......inistry of Health and Population Control and others, 33 DLR (AD) 201; Mithu Vs. State of Punjab, AIR 1983 (SC) 473; Roberts Vs. Louisiana 428 US 325; Lockett Vs. Ohio, 438 US 586 (1978); Furman Vs. George, 408 US 238; Bachan Singh Vs. State of Punjab, AIR 1980 (SC) 898; State of U.P. Vs. Dharmendra ..Category: Criminal Law | Date: | Hits: 128
Md. Nurul Hakim @ Md. Noor Hakim Vs. State, 2011, 40 CLC (HCD)
....t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......Md. Nurul Hakim @ Md. Noor Hakim ………….Appellant Vs. The State……………………………………….…………Respondent Judgment March 15, 2011. Lawyers Involved: Das Tapan Kumar, Advocate -For the appellant. Md. Masud Hasan Chowdhury, Assistant Attorney Genera...... to the body of the bus which was coming from Teknaf to Cox’s Bazar at about 10.30 p.m. on 2.5.10 and the appellant, a passenger of the bus was arrested along with other 3 accused persons alleging that they were the owner of the articles and FIR was lodged under section 19 A of the Arms Act read w....... Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 57
Shakainath Mohanta Vs. Md. Tatikuddin Mondal and others, 1999, 28 CLC (HCD)
....ide abatement. 2. Short facts relevant for the purpose of the case are that the appellant as plaintiff instituted, a suit before the Subordinate Judge, Naogaon for declaration of title in the suit land and for a further declaration that the suit property cannot be treated as vested property by th...... Present: Mahfuzur Rahman J Gour Gopal Saha J Shakainath Mohanta………….Appellant Vs. Md. Tatikuddin Mondal and others……………Respondents Judgment May 26, 1999 . Case Referred To- Azimunnessa Vs. Rup Gazi, 39 DLR 6. Lawyers Involved: SN Goswami, Advocate......g the appellant’s prayer for substitution of the heirs and heiresses of deceased defendant No.17 Nur Mohammad on setting aside abatement. 2. Short facts relevant for the purpose of the case are that the appellant as plaintiff instituted, a suit before the Subordinate Judge, Naogaon for declarat...... Md. Tatikuddin Mondal and others……………Respondents Judgment May 26, 1999 . Case Referred To- Azimunnessa Vs. Rup Gazi, 39 DLR 6. Lawyers Involved: SN Goswami, Advocate—For the Appellant. Shahidul Islam, Advocate—For the Respondents. First Miscellaneous Appeal N..Category: Property Law | Date: | Hits: 73
....must be requested.
(3)…………………………………”
It appears from this provision that this has not overridden any law of the country, this is in addition to the normal law of the land. We have already found that the mark of the objector-respondent was not in well-known use in th......dul Aziz J
Samah Razor Blades Industries Ltd…………….Appellant
Vs.
Supermax International Pvt. Ltd and another………….………….Respondents
Judgment
March 11, 1998.
Cases Referred to-
15 RPC 131; 21 RPC 617; Bengal Friends & Co. Dacca vs. Gour Benode Saha &am......trar of Trade Marks, Dhaka in Rectification Case No.166 of 1993 by which the Trade Mark Application No. 28335 in Class-8 was removed from the register.
2. The short fact leading to this appeal is that the appellant Samah Razor Blades Industries Ltd. filed application No. 28335 in class 8 on 2-3-8...... Reported in: 51 DLR (1999) 237...
Category: Intellectual Property Law | Date: | Hits: 319
Ekramul Huq @ Bachchu and another Vs. State, 1999, 28 CLC (HCD)
.... was used for immoral purposes by the accused persons and ultimately she was murdered after raping her on the night following 13-10-89 and her dead body was found in the morning on 14-10-89 in marshy land. In this case, charge-sheet was submitted by the investigation officer under sections 302/201 o......s made. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) 219. ......s Case No.7/92 under sections 302/201 of the Penal Code and sentenced to imprisonment for life and to pay a fine of Taka 5,000.00 in default to suffer RI for 6 months more. 2. Prosecution case is that, the victim Hasneara alias Mina Akhter was kidnapped from Akhaura by accused Ekramul Huq alias B......……Appellants Vs. State………….Respondent Judgment March 9, 1999. Cases Referred to- Dharmasena vs. King Criminal Law Journal, 1950 Vol.50 page 1997, Abdul Ghani vs. Emperor Indian Law Reports Vol.29 page 412 and Gopalkrishna Naidu vs. State of Modhya Prodesh AIR 1952 an..Category: Criminal Law | Date: | Hits: 90
Amora Holding Inc. Vs. Bangladesh, 1998, 27 CLC (HCD)
....llowed. The office is directed to return the above certified copies alter furnishing of the Photostat copies of the same by the petitioner. Ed. This Case is also Reported in: 51 DLR (1999) 211. ......Photostat copies of the same by the petitioner. Ed. This Case is also Reported in: 51 DLR (1999) 211. ......pondent No.1 should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The case of the petitioner, owner of MV Alba (formerly MV Alsara), in brief, is that they are represented in Bangladesh by Mariners (Bangladesh) Ltd. its local agent at Bangladesh a......petitioner. Ed. This Case is also Reported in: 51 DLR (1999) 211. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
.... current phases, all of the 23 blocks, spread over the whole country, were exposed to the foreign companies for exploration. During 86 years, beginning in 1910, 20 gas fields, 18 being in the mainland and 2 off-shore, have been discovered, where gas reserve, as estimated, stand at 23.093 Trillio......y of Energy and Mineral Resources,Government of Bangladesh, Bangladesh Secretariat, Segunbagicha, Dhaka and others………………………………Respondents Judgment January 28, 2010. Cases Referred To- Tata Cellular Vs. Union of India (AIR 1996 SC 11); Delhi Bar Association Vs. Un...... further order or orders passed as this Court may seem fit and proper.” Facts as averred 1. The petitioners in their endeavour to portray a comprehensive scenario of the state of affairs that have been in prevalence, surrounding gas and mineral resources exploration, existence of alleged......6 SC 11); Delhi Bar Association Vs. Union of India 13 S.C.C. (628); A. Satyanarayana Vs. S. Puroshotham (2008 SCC 5 416); M.P. Oil Extraction Vs. State of Madhya Pradesh (1997 7 SCC 592); Ugar Sugar Works Ltd. Vs. Delhi Administration and others (2001 3 SCC 635); State of Punjab Vs. Ram L Bagga &..Category: Constitutional Law | Date: | Hits: 231
Thomarshu alias Majhi Vs. Bangladesh, 1999, 28 CLC (HCD)
....f Immovable Property Ordinance, 1982 (Ordinance No. II of 1982), briefly, the Ordinance. 2. The petitioner’s case, in short, is that the Deputy Commissioner at Dinajpur acquired 0.52 acre of his land of Mouza Uttar Gobindapur, District Dinajpur and made an award of Taka 40,200 as compensation. ......t the records of the case be sent down. Ed. This case is also Reported in: 52 DLR (2000) 516. ......n Arbitrator under section 28 of the Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinance No. II of 1982), briefly, the Ordinance. 2. The petitioner’s case, in short, is that the Deputy Commissioner at Dinajpur acquired 0.52 acre of his land of Mouza Uttar Gobindapur, Di......nt December 9, 1999. Case Referred To- Begum Lutfunnessa Vs. Nizamuddin Ahmed and others, 40 DLR 232. Lawyers Involved: ABM Mahbub, Advocate, on behalf of Md. Marfat Ali, Advocate—For the Petitioner. None appeared—For the Opposite Party. Civil Revision No.7243 of 1991. ..Category: Property Law | Date: | Hits: 95
Wahida Begum Vs. Tajul Islam, 2000, 29 CLC (HCD)
....ther suit No.11 of 1982, and dismissing the suit. 2. On 21-02-82 the said predecessor-in-interest of the present petitioners as plaintiff instituted the suit for recovery of possession of the suit land purportedly under section 95 read with section 95A of the State Acquisition and Tenancy Act. Th......us quo granted earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 491.......ction 95 read with section 95A of the State Acquisition and Tenancy Act. The suit land is a tank with surrounding bank measuring 0.03 acre of plot No.8430 and 0.23 of plot No.8431 appertaining to RS Khatian No.1585 of Mouza Durgapur, PS Mirsharai in the District of Chittagong. 3. By three sale de......R 1948 Nagpur 367; Bhagwan Vs. Ujagar, AIR 1928 PC 20; Sunder Kuer Vs. Udey Ram, AIR 1944 Allahabad 42; Nainsukhdas Vs. Gowardhandas, AIR 1968 (Nagpur). Lawyers Involved: SN Goswami Advocate—For the Petitioner. Abu Salek with Md. Lokman Hossain, Advocates—For the Opposite Parties Nos. 1..Category: Property Law | Date: | Hits: 113
Saleha Khatun and others Vs. Fetema Hajura and others, 2000, 29 CLC (HCD)
....place. 2. The facts relevant for disposal of this application, in short, is that predecessor-in-interest of the opposite parties as plaintiff instituted a suit for declaration of title in the suit land mentioned in the plaint being CC Suit No.402 of 1982 in the Court of Subordinate Judge, Rajshah...... Khademul Islam Chowdhury J Saleha Khatun and others…………………..Petitioners Vs. Fetema Hajura and others ………………….Opposite Parties. Judgment March 30, 2000. Cases Referred To- Maqbul Ahamed and others Vs. Shoeb Chowdhury and others, 44 DLR 156; Md. Matiur......ereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 457.......d To- Maqbul Ahamed and others Vs. Shoeb Chowdhury and others, 44 DLR 156; Md. Matiur Rahman Vs. Lal Banu Bibi and others, 986 BLD 432. Lawyers Involved: Asad Hossain Chowdhury, Advocate—For the Petitioners. Kh. Saiful Hoque with Khalilur Rahman Rakani, Advocates — For the Opposite ..Category: Property Law | Date: | Hits: 71
Bibi Zarina and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....e petitioners in 1982 the petitioners became owner of the property by inheritance. Late Md. Siddique and the present petitioners are Bangladeshi nationals. Md. Siddique was dispossessed from the case land after the liberation war and as such he moved from pillar to post to get the possession of the ......ngladesh and others………………………Respondents Judgment December 10, 1998. Lawyers Involved: Miah Abdul Gafur with Md. Faruque Ahmed, Advocate—For the petitioner. Obaidul Hasan Shaheen, Assistant Attorney-General—For the Respondents. Writ Petition Nos. 548 and 464 of......etition No.464 of 1995 and the respondent No.2 of Writ Petition No.548 of 1994 is the petitioner in Writ Petition No.464 of 1994. 2. The case of the petitioners of Writ Petition No.548 of 1994 is that the case property being House No.12 Bhitar Ban Lane, PS Kotwali, Dhaka belonged to late Md. Sidd......ners Vs. Government of Bangladesh and others………………………Respondents Judgment December 10, 1998. Lawyers Involved: Miah Abdul Gafur with Md. Faruque Ahmed, Advocate—For the petitioner. Obaidul Hasan Shaheen, Assistant Attorney-General—For the Respondents. Wr..Category: Property Law | Date: | Hits: 90
Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)
....om the other Bank. 17. The learned Advocate for the plaintiff respondent could not refer to any evidence that any application was made either to National Bank or to IDLC for loan against any other land other than the mortgaged land with the Krishi Bank. In that view of the matter if no-objection ...... Manager, Bangladseh Krishi Bank and others……………………Defendant-Appellants Vs. Al-Haj Md. Nurul Islam & another………………..Respondents Judgment November 23, 1999. Cases Referred to- Hafizuddin Sarker and Lakjan Bewa being dead their heirs: Nur Hossain and othe...... Krishi Bank. The plaintiff is a private limited company and the defendants are the officials of a Bank which is the creature of President’s Order 27 of 1972. 3. The plaintiffs case in short is that for the purpose of extending and improving his cold storage for the storage of potatoes he praye......Syed Matiur Rob being dead his heirs Shainsun Nahar & others on Bangladesh and others, 42 DLR (AD) 12. Lawyers Involved: Dr. Rafiqur Rahman with MA Baqui Ismail and Sirajur Rahman, Advocates—For the Appellant. MA Wahab with AK Shamsuddin, Advocates—For the Respondents. First Appeal N..Category: Civil Law | Date: | Hits: 101
Eser Ali Sheikh (Md.) Vs. Md. Mokarram Ali and others, 2001, 30 CLC (HCD)
....e Judge at Kushtia in Title Suit No. 33 of 1985 in decreeing the suit in its entirety. 2. Opposite Party No. 1 as plaintiff instituted the suit for specific performance of an agreement for sale of land measuring about 0.2631 acre. The plaint case, in short, is that land measuring 41 shatak of the......records be sent down at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 612. ......suit in its entirety. 2. Opposite Party No. 1 as plaintiff instituted the suit for specific performance of an agreement for sale of land measuring about 0.2631 acre. The plaint case, in short, is that land measuring 41 shatak of the suit plot and holding was originally owned and possessed by Tust......) ………..Petitioner Vs. Md. Mokarram Ali and others ……….Opposite Parties. Judgment March 15, 2001. Lawyers Involved: Mir Mokhlesur Rahman with Nasrin Parvin, Advocates—for the Petitioner Md. Asaduzzaman Advocate- For the opposite Party No. 1 AFM Zubair, Advocate- fo..Category: Property Law | Date: | Hits: 91
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
....Corruption Act, 1947 (Act No. II of 1947) for committing offences under section 5(1)(d) and 5(1) (e) of the said Act and was sentenced to simple imprisonment for a period of seven years, and the case lands plot Nos. 49, 49A, 49B and 49C of Kawran Bazar Commercial Area, Dhaka, were also confiscated w......nt: Md. Joynul Abedin J ABM Khairul Haque J Hussain Muhammad Ershad……….Petitioner Vs. Abdul Muqtadir Chowdhury and another……….Respondents. Judgment May 21, 2001. Cases Referred To- Bhanubhai M Raval Vs. Union of India and others, AIR 1991 (Bombay) 91; Monni L...... respondent No.1, Secretary, Bangladesh Parliament Secretariat, Law Division 2, declaring his seat as a Member of the Parliament vacant. 2. The petitioner challenged the notification on the facts that he was a Member Parliament from 21 Rangpur, Constituency No.3. He contested from all five Consti......nand Vs. Rakesh Singha AIR 1995 (HP) 130; Vickers, Sons & Maxim Limited Vs. Evans (1910) Ac 444; Khagendranath Vs. Umesh Chandra Nath, 53 DLR (2 AIR 1958 Assam 183; Pakala Narayana Swamk Vs. Emperor, AIR 1939 (PC) 47; Nur Muhammad & others Vs. Moulvi Mainuddin Ahmed and others 39 DLR (AD) 1;..Category: Constitutional Law | Date: | Hits: 202
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
....e parties No.1 and 2 made an application under section 96 of the State Acquisition and Tenancy Act, 1950, briefly the Act, as co-sharers in the above t of Senior Assistant Judge for preemption of the land measuring about 55 decimals transferred by opposite party No. 3 and 4 in favour of the petition......re-called and vacated. Communicate. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 563.......ed. Communicate. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 563.......a Khatun................Petitioner Vs. Asad Ali and others ………….Opposite Parties. Judgment July 2, 2001. Lawyers Involved: Md. Nurul Amin with Hamida Chowdhury, Advocates—For the Petitioner. Surajit Bhattacharya, Advocate—For Opposite Parties No. 1 & 2. Civil ..Category: Property Law | Date: | Hits: 68
Abu Sayed Vs. State, 2001, 30 CLC (HCD)
..../5 unknown persons caught hold of her and tied her eyes and mouth with her saree and dragged her into her hut and asked about the deeds and documents. The miscreants then took out the deeds of the land from a trunk and went out. Then she went to the East-bhiti outhouse with a hurricane and saw he......r case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ......tion of all. 3. P.W. 1 Abul Hossain (sister’s daughter’s husband of the deceased) along with the appellant went to the police station and lodged the FIR on 7-3-89 at 11-00 hours to the effect that after receiving the death news, he came to the house of the deceased at village Nangalmora, saw ......epresented—the Opposite Party Jail Appeal No. 4103 of 1991. Judgment Md. Abdur Rashid J.- This appeal was presented under section 420 of the Code of Criminal Procedure against judgment and order dated 31-3-90 passed by the Sessions Judge, Pabna in Sessions Case No.33 of 1989 (arising out ..Category: Criminal Law | Date: | Hits: 41
Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)
....e against the order dated 11-6-2000 of the learned Subordinate Judge and Artha Rin Adalat No.4, Dhaka in Title Execution Case No.31 of 1997 directing him to make over possession of schedule ‘Kha’ land to the third party opposite party. 2. This Rule arises out of the following facts: Petit......Judgment SK Sinha J.- Petitioner is the decree-holder who obtained this Rule against the order dated 11-6-2000 of the learned Subordinate Judge and Artha Rin Adalat No.4, Dhaka in Title Execution Case No.31 of 1997 directing him to make over possession of schedule ‘Kha’ land to the third part......h Court. Subsequently, opposite party Haji Md. Yusuf filed an application under Order 21 rule 101 read with section 151 CPC for restoration of possession of schedule ‘kha’ property on the ground that the decree-holder by practicing fraud upon the Court secured delivery of possession of his homes...... Sultan Mia (Md.)....................Petitioner Vs. Hazi Md. Yusuf ………………Opposite Party. Judgment August 16, 2001. Lawyers Involved: KS Salahuddin Ahmed, Advocate—For the Petitioner. M Enayetur Rahman with Shahidul Islam, Md. Alamgir and Jail Gazi, Advocates—..Category: Property Law | Date: | Hits: 82
Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)
....n against the prayer for temporary injunction. Their case is that the plaintiff was the owner of the hat in question. The Ahsangonj tahsil office is situated in the middle of the said hat. Out of the land of the Waqf Estate, an area measuring 3.69 acres of land of Khatian No.322 are not retainable l......visional Jurisdiction) Present: SK Sinha J Molla Mahjenul Islam ……………..Petitioner Vs. State and others ……………….Opposite Parties. Judgment July 17, 2001. Case Referred To- Province of East Pakistan and another Vs. Md. Mehedi Ali Khan and others, 11 DL......o. 2164 of 1999. Judgment SK Sinha J.- This Rule is directed against the order dated 15-6-1999 of the learned Additional District Judge, Naogaon in Miscellaneous Appeal No.38 of 1984 reversing that dated 6-4-1983 of the learned Subordinate Judge, Naogaon in Other Class Suit No.114 of 1982. ......2001. Case Referred To- Province of East Pakistan and another Vs. Md. Mehedi Ali Khan and others, 11 DLR (SC) 318. Lawyers Involved: Sk Afzalur Rahman with Emdadul Huq Azad, Advocates—For the Petitioner. Abdul Quayum, Deputy Attorney-General—For Opposite Parties. Civil Revisio..Category: Property Law | Date: | Hits: 105
....r the Respondents.
Writ Petition No. 59 of 1994.
Judgment
SAN Mominur Rahman J.- In this Rule respondents were directed to show cause why the proposed eviction scheduled for 5-1-94 from the land as mentioned in the letter dated 3-1-94 (Annexure-A) to the writ petition should not be declare......……….Petitioner
Vs.
Director, Housing and Judgment Building Research Institute & others.……….Respondents.
Judgment
October 26, 2000.
Lawyers Involved:
Nizamul Hoque Nasim, Advocate— For the Petitioner
Shahabuddin Ahmad, Deputy Attorney-General—For the Respond......pondent No.1 contested the Rule and has filed Affidavit in opposition. The petitioner subsequently filed supplementary affidavit.
3. The facts relevant for the purpose of disposal of the Rule are that the petitioner has been residing in the case land for the last 5 years (from the date of swearin......HCD) (2001) 540...
Category: Property Law | Date: | Hits: 97
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