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Ismail Howlader and others Vs. State, 2006, 35 CLC (HCD)
.... 21. Now in the light of the above evidence and other materials on record and the submission made by the learned Counsels we have to consider two principal issues, namely, (i) whether the trial as a whole has been vitiated because of the alleged tender age of appellant Waliur Rahman, and (ii) wheth......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.......llants on 12-5-1993 at around 5-00 PM on the bank of the Khal at village Debraj under Police Station (shortly PS), Morelganj of District Bagerhat. The killing was the result of a dispute over some money (Taka 19,000) owed by the convict appellants to the victim, and also over a boat along with fi..Category: Criminal Law | Date: | Hits: 43
Nil Sen Singh Vs. Radha Mohan Singh and others, 2006, 35 CLC (HCD)
....n Order VI of the Code of Civil Procedure. Pleading means plaint and written statement in which a statement of material facts on which the party relies for his claim is to be specifically stated. The whole meaning of the system is to narrow the parties to definite issues and thereby diminish expense...... party relies for his claim is to be specifically stated. The whole meaning of the system is to narrow the parties to definite issues and thereby diminish expense and delay, especially as regards the amount of testimony required on either side at the hearing. The sole object of it is that each may b......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
Abdul Khaleque Vs. Hazera Begum and another, 2006, 35 CLC (HCD)
.... Order, 1972 (President's Order No. 48 of 1972, which provided that any Act, Ordinance, Regulation, Rule, Order or by-law which immediately before the 26th day of March, 1971, had the force of law in whole or any part of the territories now comprised in the People's Republic of Bangladesh shall, unt......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.......injury upon the complainant and an attempt was made to compromise the matter. However, the complainant strongly refuted the claim that any compromise was ever reached and denied that she received any money. He pointed out that the Courts below have not believed the fact of compromise and that, being..Category: Criminal Law | Date: | Hits: 97
Kazi Moniruzzaman and others Vs. Kazi Nuruzzaman and others, 2006, 35 CLC (HCD)
....shall dispose of the case expeditiously preferably within 6(six) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 306.......shall dispose of the case expeditiously preferably within 6(six) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 306.......er Abul Kashem; that the loan was repaid by the defendants and the title papers were taken by their father by granting them a receipt; that father Abul Kashem granted two receipts on 24-12-1984 being money receipt and on 14-12-1990, acknowledgment receipt of document and that the plaintiff petitione..Category: Property Law | Date: | Hits: 131
Nabisco Biscuit and Bread Factory Ltd. Vs. Baby Food Products Ltd. and another, 2005, 34 CLC (HCD)
....uishing feature, sometimes as the essential feature of the mark. In cases of this nature, the question of resemblance and the likelihood of deception are to be considered by reference not only to the whole mark, but also to its distinguishing or essential features." He also referred to the book ......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. ......entary affidavit opposite party No. 1 filed numerous invoices relating to advertisement of its product from the year 1994 to 2000. It is claimed thereby that the opposite party has spent huge sums of money in advertising and building up the goodwill of its product to the full knowledge of the petiti..Category: Intellectual Property Law | Date: | Hits: 386
Sonali Bank Limited and others Vs. M/s. Fair Chemicals (Pvt) Ltd. and others, 2011, 40 CLC (AD)
.... 2. The suit was originally filed as Money Suit No. 33 of 2007 in the Court of Joint District judge, Third Court, Dhaka for realization of Tk. 5,53,26,76,000/- as compensation by way of damages. The whole question centered around about the legality of the order dated 02.08.2010 passed by the Joint ......imposed upon the petitioner for payment to the plaintiff respondents. With these observations and directions this petition is disposed of. This Order is also Reported in: 19 BLT (AD) (2011) 52. ......imposed upon the petitioner for payment to the plaintiff respondents. With these observations and directions this petition is disposed of. This Order is also Reported in: 19 BLT (AD) (2011) 52. ..Category: Civil Law | Date: | Hits: 82
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. ......registered and thus the suit land fell in the share of Nurul Hoque and accordingly, Nurul Hoque got the 'ka' schedule land. 4. The further case of the plaintiff is that Nurul Hoque by receiving an amount of Taka 700 entered into an agreement for sale with the plaintiff on 27-2-1957 to sell 5 gand...... receiving an amount of Taka 700 entered into an agreement for sale with the plaintiff on 27-2-1957 to sell 5 ganda 1 kara or 10.5 sataks land described in schedule ‘Kha' fixing total consideration money amounting to Taka 2500 and Nurul Huque subsequently, on 13-3-1959 received an amount of taka 1..Category: Property Law | Date: | Hits: 115
Kazi Rashed Akhter Shahid (Prince) Vs. Rokshana Choudhury (Sanda), 2006, 35 CLC (HCD)
....is Court in revision. 16. We have heard the learned Advocates of the parties at length and perused the revisional application, counter-affidavit and the impugned judgments of the Courts below. The whole argument of the learned Advocate for the petitioner was that Talaq pronounced by the petitione...... Judge, did not consider the social and economic position of the defendant-petitioner nor enquired about the income of the petitioner and that the learned District Judge ought to have seen that dower amount of the marriage, if any, according to her status cannot be more than 30,000 (thirty thousand)......ed in the Family Suit No. 11 of 1999 in Tangail Sadar Assistant Judge and Family Judge Court and submitted written statement stating, inter alia, that the Kabin Nama was created illegally; that dower money shown therein is the product of forgery; that it was Taka 30,000 only, that the marriage was n..Category: Family Law | Date: | Hits: 184
MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)
.... nor can they be expected to arrive at the conclusion by considering the provisions concerned in an isolated or piecemeal fashion. While construing a statute, its provisions should be considered as a whole, bearing in mind its object and purpose." His Lordship also quoted with approval the follo....... 2 bank and credit the sale proceeds to the loan account of the petitioner. In spite of our query and from our careful perusal of the case record, we could not find out any information regarding the amount of sale proceeds. It is also not clear that the sale proceeds had been credited to the loan a...... No. 2 served formal demand notice in prescribed Form upon the defendant petitioner on 28-2-99 under section 9(2) of the Bankruptcy Act, 1997. But the defendant-petitioner neither paid the plaintiffs money nor provided the security against the payment. The cause of action of the suit arose at the of..Category: Civil Law | Date: | Hits: 131
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.......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....... the instant case it appears that no noticed was served upon the plaintiff-appellant under section 14 (1) of the Arbitration Act for making and signing of the award. Admittedly the plaintiff demanded money on the basis of the award in June, 1996, so it can not be said that he has no knowledge of mak..Category: Alternative Dispute Resolution | Date: | Hits: 187
Executive Engineer, Sylhet Public Works Department Vs. Md. Asob Ali, 2005, 34 CLC (HCD)
....o costs. The order of stay passed at the time of issuance of the Rule is hereby vacated. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 58 DLR (2006) 236. ......l materials vide Auction Notice No. 6/2001-2002 published in the local newspaper named Sylheter Dak on 11-9-2003 and became the highest bidder among five bidders; for this he deposited 10% of his bid amount as security in favor of the defendant-petitioner; and that the defendant-petitioner accepted ...... and became the highest bidder among five bidders; for this he deposited 10% of his bid amount as security in favor of the defendant-petitioner; and that the defendant-petitioner accepted the earnest money and gave assurance to the plaintiff-opposite-party that the auctioned materials would be hande..Category: Business or Commercial Law | Date: | Hits: 209
AHM Khurshed Ali & others Vs. Md. Hashem Ali and others, 2006, 35 CLC (HCD)
.... so advised. The reference is thus disposed of a copy of this judgment may be sent to the concerned Ministries. Ed. This Case is also Reported in: 58 DLR (2006) 211, 26 BLD (HCD) (2006) 114. ......tice Md. Arayesuddin and it was held by that Bench that since no valuation has been mentioned in any of the provisions of section 115 of the Code, the revisional application with the valuation of any amount, would lie before the District Judge under section 115(2) against an order passed by a Joint ...... so advised. The reference is thus disposed of a copy of this judgment may be sent to the concerned Ministries. Ed. This Case is also Reported in: 58 DLR (2006) 211, 26 BLD (HCD) (2006) 114. ..Category: Procedural Law | Date: | Hits: 90
Afil Jute Mills (Pvt) Ltd. and others Vs. Bangladesh, 2006, 35 CLC (HCD)
.... Rule and it must fail. In the result, the Rule is discharged for the above reasons without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 207, 26 BLD (HCD) (2006) 361. ......esaid mortgaged properties by a reputed chartered accountant showing that total value of the mortgaged property was Taka 103,19,87,000. Since value of the security against the said credit exceeds the amount due from the petitioner company, the impugned six notices under section 9(1) (i) of the Bankr...... Rule and it must fail. In the result, the Rule is discharged for the above reasons without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 207, 26 BLD (HCD) (2006) 361. ..Category: Civil Law | Date: | Hits: 125
Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)
....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. ......l Sessions Judge has framed charge under sections 304/379/34 of the Penal Code in a lump against all four accused persons. Section 304 prescribes the sentence for the offence of culpable homicide not amounting to murder, the sentence varying according to offender's intention or knowledge. The learne......d to mention under which part of section 304 the accused persons are facing trial but he has not clarified that aspect. There is allegation against Mofizur Rahman and Touhidul Islam of snatching away money. There is no allegation against other accused persons in that regard but he has framed charge ..Category: Criminal Law | Date: | Hits: 49
HRC Shipping Ltd. Vs. MV X-Press Manaslu, MV X-Press Resolve & others, 2006, 35 CLC (HCD)
.... 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. ......nd master of the vessel MV Jaami. It is further alleged that the vessels are owned by the defendant No. 5 and its sister concerns and accordingly, they are liable to put up the security for the claim amount by way of bank guarantee. 6. Mr. M Hafizullah, the learned Advocate for the defendant Nos....... 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. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 314
Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)
....Industries is now obliged to return the money received in respect of schedule-1 (kha) property to the plaintiff. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 176. ...... desire to purchase said left out land with the shops. The Ministry accepted his prayer and the value of schedule-1(Kha) land was settled at Taka 3,38,182 and on 25-2-93, the plaintiff deposited said amount in favour of the Ministry of Industries. Then, defendant No. 1 asked the plaintiff to pay val......ed through an Executive Engineer (Building) at Taka 6,33,256. As directed, the plaintiff deposited 25% of the valuation Taka 158,328 as down payment and the Ministry of Industries upon receipt of the money on 16-1-95 made an agreement with plaintiff to transfer said schedule 1-(Kha) property and all..Category: Property Law | Date: | Hits: 159
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....d qualified persons for the offices specified in clause (4) of Article 147. 52. In order to appreciate the arguments and reasoning advanced on the point I consider it advisable to reproduce the whole of Article 147 which reads as follows: "147. (1) The remuneration, privileges and other......In this situation Mr. Anwar Hossain passed certain orders dated 23-1-99, 17-8-99 and 25-9-99 terminating services of some employees and appointing someone in the employment of the said Company, which amounted to taking part in the management or conduct of the said Company although he was debarred fr...... Director General and the Secretary of the said Association to show cause as to why the orders passed by them requiring him to pay the arrear gas bills in connection with the canteen and the donation money due from him to the Association should not be declared to have been passed without lawful auth..Category: Information Technology Law | Date: | Hits: 324
Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)
....ioned as disputed consignment) from the ICD port protected area, Kamlapur. Hearing the news of the same, the petitioner rushed to his office and enquired about the incident. After taking stock of the whole situation, the petitioner informed the Commissioner of Customs, Customs House, Dhaka about the......f Customs, Customs House, Dhaka. By the said letter, attention was drawn by stating that through secret information they came to know that imported goods would be sold in open market and thereby huge amount of duty would be evaded. Similar letters were also written from the office of respondent No. ......no order as to costs. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 106, 26 BLD (HCD) (2006) 83. ..Category: Criminal Law | Date: | Hits: 158
Dr. Abdur Rahman and others Vs. Chairman, RAJUK & others, 2005, 34 CLC (HCD)
....ceived and there is no scope to interfere with the impugned order. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 103. ......e land is not required for their project. Thus on purchase of the land they got a plan approved by RAJUK and gathered necessary materials for construction of Two Star international Hotel and spent an amount of Taka 1,70.50.000 for the same when suddenly the plaintiffs received notice of LA Case No. ......id compensation but the learned Trial Court laboring under misconception of law rejected that prayer which is not sustainable in law. Mr. Azadi also vehemently argued that without paying compensation money the acquisition authority cannot take possession of the acquired land. The learned Advocate fu..Category: Civil Law | Date: | Hits: 99
Abdul Mannan alias Mona Miah Vs. State, 2002, 31 CLC (HCD)
..... In this case, prosecution has hopelessly failed to connect the condemned-prisoner with the demand of dowry and in absence of any ingredient of section 10 (1) of the Act 18 of 1995, we find that the whole trial is without jurisdiction and conviction and sentence under section 10(1) of the Act, 18 o...... 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. ......and one Mariam Bibi stated to him that the condemned-prisoner gave fists and blows on the victim on the night of occurrence and then she died. He further stated that his daughter was done to death as money demanded by the accused was not paid. In his cross-examination, he admitted that he filed the ..Category: Criminal Law | Date: | Hits: 96
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