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Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)
....h runs as follows- " Right to maintenance how long it continues: 24. The effect of the Majority Act, 1875 so far as Mohammedans are concerned, is to extend the minority of a person until he has completed the age of eighteen years, except in matter of marriage, dower and divorce. In respect of ......on No. 5175 of 2000. Judgment Siddiqur Rahman Miah J. - This Rule at the instance of the defendant-appellant under section 115(1) of the Code of Civil Procedure is directed against the judgment and decree dated 2-8-2000 passed by the learned District Judge, Manikganj in Family Appeal No. 18 of......its that the petitioner has not been maintaining his daughter and she is entitled to maintenance from her father from 18-5-1990 till her marriage. He further submits that the Court of appeal below on proper consideration of the facts and circumstances of the case and evidence on record was perfectly......ion of some specified family disputes. The parties to the dispute come to the Family Court with all their accrued rights under the Mohammedan Law and the Ordinance of 1985 only provides the forum for adjudication of the accrued rights. 34. To meet the arguments of Mr. Arun Kumar Bhattacharaya tha..Category: Family Law | Date: | Hits: 214
State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
.... his office. 19. PW 2, about the facts subsequent to the occurrence, stated that Shahid was brought by the police to the PO house on 28-4-98 and from him PW 2 and others present at that time got a complete picture of the background facts as well as the manner of commission of the offences of rape......diction) Present: Md. Ali Asgar Khan J Md. Emdadul Huq J State…………………………………………………………………..Petitioner Vs. Shahidul Islam alias Shahid and others …………..Condemned-Prisoners. Judgment July 10, 2006. Cases Referred to- ......e Code of Criminal Procedure during trial are that they are innocent and they have been implicated in this case falsely. Their further defence is that PW 2 Latifur Rahman wanted to make a will of his property in favour of his youngest daughter deceased Shajneen depriving her elder sisters Mrs. Simee...... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ..Category: Criminal Law | Date: | Hits: 70
Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
....ned Subordinate Judge, First Court, Jhalakati, in Title Suit No. 52 of 1994 is upheld and the suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 538. ......is Case is also Reported in: 58 DLR (2006) 538. ......e Judge, First Court Jhalakati, in Title Suit No. 52 of 1994 in dismissing the suit. 2. The opposite party Nos. 1 to 10 as plaintiffs instituted the suit for partition in respect of 'Ka' scheduled property and for declaration that the order dated 1-11-1994 in review case No. 2 of 1994 as stated i......ned Subordinate Judge, First Court, Jhalakati, in Title Suit No. 52 of 1994 is upheld and the suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 538. ..Category: Property Law | Date: | Hits: 70
Mofazzal Hossain alias Mofa and others Vs. State, 2004, 33 CLC (HCD)
....respective bail bonds. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ...... Reported in: 58 DLR (2006) 524. ...... behalf of the State, supports the impugned judgment and submits that the learned Assistant Sessions Judge, upon considering the evidence on record rightly passed the impugned judgment which is just, proper and legal and warrants no interference by this Court. 10. Let us now consider the evidence......respective bail bonds. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ..Category: Criminal Law | Date: | Hits: 52
....s such, the allegations brought against this bank in the writ petition is very much a disputed question of fact which cannot be decided in Writ jurisdiction and only a Civil Court can effectually and completely adjudicate upon and settle and/or resolve all these questions involved between the partie......by vacated.
Ed.
This Case is also Reported in: 58 DLR (2006) 517.
......ed in paragraph 7) should not be declared to have been made without lawful authority and to be of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper.
2. The petitioner is a private limited company. Petitioner No. 2 is the Managing Director...... cannot invoke Writ jurisdiction on the disputed question of facts, inasmuch as whether the petitioner No. 1 is a loan defaulter or not and that the issues raised in this writ petition require proper adjudication on taking evidence and/or examination on oath and, as such, the allegations brought aga..
Category: Business or Commercial Law | Date: | Hits: 251
Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ......ial Original Jurisdiction) Present: MM Hossain J Zubayer Rahman Chowdhury J Huang Chia Hsiang………………………………………….Petitioner Vs. Government of Bangladesh and others………….Respondents. Judgment December 12, 2005. Cases Referred to- Dhak...... # 20 (Annexure-H) should not be declared to have been made without lawful authority and to be of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner, a citizen of the Republic of China, is running his business from Thail......ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 221
Shawkat Ali (Md.) and others Vs. Divisional Forest Officer and others, 2006, 35 CLC (HCD)
....ules 1951 which was subsequently transferred in the name of the present petitioner in the year 1991 being Licence No. 6150/179 dated 1-12-1991 (Annexure A). Having obtained the licence the petitioner completed all formalities and set up a Saw Mill on his land and has been continuing the business pea...... This Case is also Reported in: 58 DLR (2006) 487. ......effect and why Rule 8(1) of Rules, 1998 shall not be declared to be ultra vires of Article 40 of the Constitution and or such other or further order or orders passed as to this Court may seem fit and proper. 2. These Rules Nisi have arisen out of similar questions of facts and law and, as such, t...... The orders of stay granted earlier by this Court stand vacated. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 58 DLR (2006) 487. ..Category: Environmental Law | Date: | Hits: 551
Ashique Jeans Apparels Ltd and another Vs. National Board of Revenue and another, 2005, 34 CLC (HCD)
....f commercial production. In addition to this, he submits that only 8 old machineries were taken as loan to meet the urgent demand of the buyer. Apart from those machineries the other machineries were completely brand new with which the commencement of the factory started from 1st of April, 2000. He ......(2006) 478, 26 BLD (HCD) (2006) 324. ......gal effect and why respondent Nos. 1-2 should not be directed to withdraw, cancel, revoke and/or rescind the same and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. In Writ Petition No. 4084 of 2002, the Rule Nisi was issued calling upon the responden...... section 46 is to encourage more new undertakings to be established. However, there will be no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ..Category: Fiscal/Taxation Law | Date: | Hits: 93
Abu Musa Kutub (Md.) Vs. Secretary, Election Commission and others, 2005, 34 CLC (HCD)
.... is discharged. The interim order passed at the time of issuance of the Rule, is herby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 450. ......nal Jurisdiction) Present: SM Hossain J Quamrul Islam Siddiqui J Abu Musa Kutub (Md.) …………………………………………..Petitioner Vs. Secretary, Election Commission and others ……….Respondents. Judgment July 18, 2005. Cases Referred to- Abid Hashe......f the Union Parishad Ordinance, 1983 (LI of 1983) should not be declared illegal and without any lawful authority and/or such other or further order or orders passed as to this Court may seem lit and proper. 2. The facts leading to the issuance of the Rule, in brief, are: The petitioner is a resi...... is discharged. The interim order passed at the time of issuance of the Rule, is herby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 450. ..Category: Election Law | Date: | Hits: 87
Wally Ahmed alias Babi Vs. State, 2005, 34 CLC (HCD)
....d from the bail bond. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 58 DLR (2006) 433; 13 MLR (HCD) (2008) 375. ......nciple of criminal jurisdiction It is also the fundamental principle of criminal jurisdiction that it is always for the prosecution to prove the charge against the accused beyond reasonable doubt and this onus on the prosecution never shifts and the duty generally cast upon the prosecution to ne......he accused Babi was suffering from mental disorder. He denied the suggestion that at the time of occurrence the accused was suffering from unsound mind and insanity and without investigating the case properly he submitted perfunctory charge-sheet. 24. PW 12 Sub-Inspectors Mir Abdul Latif deposed ......d from the bail bond. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 58 DLR (2006) 433; 13 MLR (HCD) (2008) 375. ..Category: Criminal Law | Date: | Hits: 70
Nazrul Islam (Md.) and another Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ved upon the respondents, but no action was taken. 4. Respondent Nos. 1, 4, 6 and 7 filed affidavit in-opposition. Their case is that because of the fault of the petitioners, the work could not be completed within time and the fund had to be returned. As a result, the area for which the project w...... is also Reported in: 58 DLR (2006) 431.......ent that the petitioners can still vindicate their grievance through arbitration as contained in the contract. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 431.......ent that the petitioners can still vindicate their grievance through arbitration as contained in the contract. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 431...Category: Business or Commercial Law | Date: | Hits: 186
Sk Md. Tariqul Alam and another Vs. ATM Matiul Islam, 2006, 35 CLC (HCD)
....lt, the Rule is made absolute without any order as to cost and the delay of 285 days in filing the revisional application is hereby condoned. Ed. This Case is also Reported in: 58 DLR (2006) 425....... This Case is also Reported in: 58 DLR (2006) 425.......preparation to file a Civil Revision before this Court and that Sk. Md. Reazul Hassan left behind his childless wife Mrs. Hosneara Begum and only living brother Sk. Tariqul Alam as legal heirs of his property. 7. It is further stated that the plaintiff's wife Mrs. Hosneara Begum was not aware of ......lt, the Rule is made absolute without any order as to cost and the delay of 285 days in filing the revisional application is hereby condoned. Ed. This Case is also Reported in: 58 DLR (2006) 425...Category: Procedural Law | Date: | Hits: 116
Jamal Ahmed alias Jamal Vs. State, 2005, 34 CLC (HCD)
....wledge of the case and no notice or summons was served upon him or no warrant of arrest was executed against him. Neither any proclamation was published nor any attachment was made and he was kept in complete dark about the case; that the petitioner for the first time came to know about the case on ...... 2004. Judgment Siddiqur Rahman Miah J. - This revisional application under section 439 of the Code of Criminal Procedure at the instance of Jamal Ahmed @ Jamal is directed against the judgment and order dated 1-11-2004 passed by the learned Sessions Judge, Sylhet, in Criminal Appeal No. 124 o...... Sylhet suffers from no illegality which does not, call for any interference. 14. The main contention of accused petitioner is that the petitioner was tried in absentia without serving the process properly as per the provision of law, that he was kept in the complete dark about the case; that he ......the best way the Court would deem fit and proper within 2(two) 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) 419. ..Category: Criminal Law | Date: | Hits: 65
Jalaluddin Vs. State, 2006, 35 CLC (HCD)
....h any other offence. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 410.......……………..Appellant Vs. State ……………………………………………………..Respondent. Judgment April 27, 2006. Cases Referred to- Asadur Rahman alias Asad and others Vs. State, 1995 BLD 290; Nawabul Alam and others Vs. State, 1995 BLD (AD) 55; Miislimuddi...... officer that PW 2 told that accused gave something for miscarriage or he wanted to take deceased for treatment but she refused. He denied the suggestion that for the cause of misappropriation of the property of accused he was falsely implicated in this case and deposing falsely. 15. PW 4 Abdul A......h any other offence. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 410...Category: Criminal Law | Date: | Hits: 55
.... 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.......sdiction)
Present:
Md. Muzammel Hossain J
Zubayer Rahman Chowdhury J
Engineer Md. Nurul Islam Chowdhury…………………..Petitioner
Vs.
GM, Dhaka Rural Electrification Samity 1 and another ……………Respondents.
Judgment
October 23, 2005.
Lawyers Involved:
Mob......and why their acts should not be declared to have been made without lawful authority and to be of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper.
2. The petitioner being a citizen of Bangladesh is a renowned businessman both in Banglad...... 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...
Category: Others | Date: | Hits: 146
Suratjan Bewa Vs. Md. Abdul Mannaf and others, 2006, 35 CLC (HCD)
....lied, by or on behalf of the donee, and (3) delivery of possession or the subject of the gift by the donor to the donee as mentioned in section 150. Jf these conditions are complied with, the gift is complete." That intention and declaration of the gift in this case, the learned Judge found, is ......me Court High Court Division (Civil Revisional Jurisdiction) Present: Syed Refaat Ahmed J Suratjan Bewa……………………………………..Petitioner Vs. Md. Abdul Mannaf and others………………………..Opposite Parties. Judgment May 10, 2006. Cases Refer......-4- 1998 passed by the learned Assistant Judge, Tarail in Other Class Suit No. 46 of 1996 should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The plaintiff-petitioner instituted Other Class Suit No. 46 of 1996 for a declaration ......e in the Rule issued. In the result, the Rule is discharged. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 400...Category: Property Law | Date: | Hits: 82
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.......pellant Vs. State………………………………………………………………………..Respondent Judgment August 8, 2004. Cases Referred to- Bengal Vs. Jiban Kumar De and others, AIR 1936 Cal 292; Basanta Singh Vs. Crown, 7 Lah 359; Emperor Vs. Kassim, 26 Cr.L.I. 177......xactly he was pleading to. His plea of guilty is no more than an admission that he had committed that act which is alleged to be an offence. The learned Sessions Judge without affording the appellant proper safeguards and the consequences of his plea accepted the plea of guilty. 17. In view of th......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...Category: Criminal Law | Date: | Hits: 51
Nasima Akhter Banu Vs. Abu Taher Masud and others, 2006, 35 CLC (HCD)
....endment will in no way change the nature and character of the suit or substitute any cause of action rather the plaintiff wants to change the language of the prayer 3(ka) of the plaint for proper and complete adjudication of the suit which do not appear to be inconsistent, irrelevant, immaterial or ......Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Syed Md. Ziaul Karim J Nasima Akhter Banu……………………………………………..Petitioner Vs. Abu Taher Masud and others.................................Opposite Parties. Judgment May 16, 2006. Cases R......laintiff instituted Partition Suit No. 186 of 1994 in the Court of Senior Assistant Judge, Cox's Bazar against the defendants herein opposite parties, praying for a separate saham of her share in the property for partition by metes and bounds Subsequently, the suit was transferred in the Second Cour......ill in no way change the nature and character of the suit or substitute any cause of action rather the plaintiff wants to change the language of the prayer 3(ka) of the plaint for proper and complete adjudication of the suit which do not appear to be inconsistent, irrelevant, immaterial or contradic..Category: Procedural Law | Date: | Hits: 99
Alauddin (Md.) Vs. State and others, 2005, 34 CLC (HCD)
....in that dale and also agreed that they will not ask for any adjournment until it is required on emergency. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 364.......igh Court Division (Criminal Miscellaneous Jurisdiction) Present: Mir Hashmat Ali J ABM Hatem Ali Alauddin (Md.) ………………………………………Petitioner Vs. State and others……………………………………..Opposite-Parties. Judgment June 29, 2005......f the nature of the case on attachment appointed the Officer-in-Charge of Mirsarai Police Station as receiver and receiver is none but a police officer and he cannot be dispossessed from the disputed property since he has authority to arrest anyone and send him to jail and also prosecute him for com......in that dale and also agreed that they will not ask for any adjournment until it is required on emergency. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 364...Category: Criminal Law | Date: | Hits: 55
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.......te Jurisdiction) Present: MA Wahhab Miah J Zinat Ara J Abdus Salam (Md.)……………………………………………………….Appellant Vs. Deputy Registrar of Trade Marks and others……………………………Respondents. Judgment March 16, 2005. Cases Refe......other registrations of the trade mark 'Crocodile' in the name of the different companies vide registration Nos. 18366, 18378 and 19935 in class 25. These findings of the Deputy Registrar are based on proper and correct appreciation of the facts and the circumstances of the case and the evidence prod......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
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