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.... land of the petitioner with their own costs and responsibility within 3(three) months from the date of receipt of the copy of this judgment.
Ed.
This Case is also Reported in: 58 DLR (2006) 405....... land of the petitioner with their own costs and responsibility within 3(three) months from the date of receipt of the copy of this judgment.
Ed.
This Case is also Reported in: 58 DLR (2006) 405.......tion (1) he shall, at the time of entering or as soon thereafter as may be practicable, pay or tender payment for all necessary damages to be done, and in case of dispute as to the sufficiency of the amount so paid or tendered refer the matter to the Deputy Commissioner whose decision shall be final..
Category: Others | Date: | Hits: 146
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.......may proportionately vary in its gravity and criminality from the offence approaching almost to a murder to a simple hurt in which a small fine may be an adequate punishment. 7. It is a fundamental principle of criminal law that the accused should be informed with certainty and accuracy the exact ......arge made by the Court. In this case the charge was framed on 5-2-2001 and PW 1 was examined on 10-7-2001 and his plea was accepted on 26-8-2001. "An informal admission as to guilt does certainly not amount to formal plea of guilty and such an admission has of course no binding effect as to a plea o..Category: Criminal Law | Date: | Hits: 51
State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)
....e set at liberty at once if not wanted in any other case. Send down the LC Record with a copy of the judgment. Ed. This Case is also Reported in: 58 DLR (2006) 373, 26 BLD (HCD) (2006) 641. ...... neither filed any petition from jail or directly filed any petition in Court or made any oral allegation retracting from the confession. So, his last moment retraction cannot be accepted. 71. The principle expressed in two cases applies to the facts and circumstances of the instant case. 72. ......e set at liberty at once if not wanted in any other case. Send down the LC Record with a copy of the judgment. Ed. This Case is also Reported in: 58 DLR (2006) 373, 26 BLD (HCD) (2006) 641. ..Category: Criminal Law | Date: | Hits: 236
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. ......may be amended. In support of his contention he referred the case of Md. Sirajuddin Vs. Mahibunnesa and others reported in The Lawyers Volume I (AD) 136, wherein it is held: "It is an established principle of law that the prayer of amendment can be allowed at any stage of the proceeding in order......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. ..Category: Procedural Law | Date: | Hits: 99
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. ...... 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. ...... money involved in the petition of complaint the opposite party No.2, that is, Agrani Bank, Rangpur Cadet College branch, Rangpur by instituting Artha Rin Case No. 8 of 2002 got a decree for the said amount, as such, the instant proceeding if allowed to continue, that will perpetuate an injustice to..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.......even if the same is found not to have been used continuously, we find that the facts involved in the said reported case are quite distinguishable from the facts of the instant cases and, as such, the principle of law enunciated therein cannot be applied in deciding the merit of these cases. And we a......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...Category: Intellectual Property Law | Date: | Hits: 189
Nil Sen Singh Vs. Radha Mohan Singh and others, 2006, 35 CLC (HCD)
....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. ......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. ...... 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..Category: Property Law | Date: | Hits: 75
.... passed by the respondent No.3 are declared to have been passed without any lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 58 DLR (2006) 316, 26 BLD (HCD) (2006) 343.......resident and General Secretary so that they may not be harassed by the employer by transferring them from one place to another without their consent for Trade Union activities.
14. The established principle of law is that even if there is an alternative remedy provided by a Statute if a legal rig...... passed by the respondent No.3 are declared to have been passed without any lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 58 DLR (2006) 316, 26 BLD (HCD) (2006) 343...
Category: Employment/Service Law | Date: | Hits: 75
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.......der appealed from adversely affects a person he should be permitted to challenge the same in appeal even if he was not made a party to the original suit or proceeding. The Court should proceed on the principle that every procedure which furthers administration of justice is permissible even if there......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...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. ......n 2 of the Code also includes a decree on rejecting of a plaint. It appears from the facts that the impugned decree rejecting the plaint has been passed under clause (a) of rule 11. This is a settled principle that a court can reject a plaint under clause (a) on a plain reading of the same. The tria......he grounds taken in the application filed by the defendant-opposite party-appellant. 16. The objections to the maintainability of the Rule has been made on two grounds, whether the impugned decree amounts to a decree as defined in sub-section (2) of section 2 of the Code is an appealable decree a..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. ......st nineteen and half (19'/2) years and has acquired a very good reputation and goodwill in the market and, as such, the application for rectification is barred by limitation and also barred under the principle of estoppel, waiver and acquiescence by conduct. It is contended that the mark registered ......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. ..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. ......t information report and complaint over same incident are to be tried and disposed of fairly and properly according to law. He submits that there cannot be any scope to evade the application of above principle as enunciated in above decision by the Honorable Supreme Court. He contends that trial Jud......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)
....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. ......94. This date was fixed for filing basic documents but not ex parte hearing. The learned trial Court without fixing another date for ex parte hearing passed ex parte order on that date. It is settled principle of law that; unless the suit is fixed for hearing on a particular date, the court is not e......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..Category: Property Law | Date: | Hits: 115
Kazi Rashed Akhter Shahid (Prince) Vs. Rokshana Choudhury (Sanda), 2006, 35 CLC (HCD)
....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. ......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. ...... 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)..Category: Family Law | Date: | Hits: 184
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.......tate reported in 38 DLR (AD) 188 at page 194 paragraph 18 the Appellate Division of the Supreme Court of Bangladesh having concurred with a decision of the Supreme Court of Pakistan laid down certain principles in the matter of acceptance of apology in the following terms: "In considering whether th......State. The order dated 8-3-2005 and 2-4-2005 passed by this Hon'ble Court have been disobeyed by the contemners and thereby they have flagrantly violated the orders passed by this Hon'ble Court which amounts to contempt of law. This is a serious allegation against them. Initially, show cause notices..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. ...... Court by a creditor after 90 days of due service of a formal demand notice. In this situation, we are confronted with the task of interpreting the relevant provisions of Rule 33(2) of the Rules. The principle of interpretation of a statute was explained in the case of Messrs Speed Bird Navigation C....... 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..Category: Civil Law | Date: | Hits: 131
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. ......ember Committee on appointment/ promotion/absorption was formed to enquire into their cases and which subsequently recommended the seniority of the respondents to be determined in accordance with the principle of the Next below Rule. Proceeding on this recommendation the said Ministry directed the B......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
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. ......ompetent authority, to hold a fresh auction after about 14 months keeping the plaintiff in uncertainty for such a long period. Mr. Mainuddin further submits that such action was also violative of the principle of natural justice and also harassment of the plaintiff whose business money was blocked f......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 ..Category: Business or Commercial Law | Date: | Hits: 209
Badel Alam Howlader Vs. Falu Dewan and others, 2004, 33 CLC (HCD)
....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. ......nt grounds. He submits that since the kabuliat was executed and registered, it could not be cancelled without issuing a show cause notice upon the opposite-parties, such action being violative of the principle of natural justice. It was further submitted by Mr. Khan that the lower appellate Court co......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
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. ...... 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 ..Category: Procedural Law | Date: | Hits: 90
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