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Major Monjur Quader(Retd.) Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)
....o. 60220 is hereby declared to have been made without lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 451.......igh Court Division (Special Original Jurisdiction) Present: Tariq-ul Hakim J Afzal Hossain Ahmed J Major Monjur Quader(Retd.) ………………..Petitioner Vs. Bangladesh Bank and others………………..Respondents Judgment May 21, 2006. Cases Referred To- M/s ......f the petitioner therein shall not be declared to have been made without lawful authority and is of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. It is stated that the petitioner, a retired OffiÂcer of Bangladesh Army, was elected ......o. 60220 is hereby declared to have been made without lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 451...Category: Banking Law | Date: | Hits: 125
....ders of stay is recalled and vacated.
Send a copy of this judgment to the respondent No. 3 for information and necessary action.
Ed.
This Case is also Reported in: 59 DLR (2007) 448.
......ublic of Bangladesh was issued calling upon the respondents to show cause as to why the impugned order dated 5-1-2003 passed by the respondent No. 2 vide Memo No. 23 Judiciary 7/2N-39/94 (Annexure-F) and the impugned order dated 8-1-2003 passed by the respondent No. 3 vide Memo No. 20 (Annexure-G) c......imate expectation to continue in that post until a permanent Nikah Register is appointed. It follows that a temporary Nikah Registrar cannot be replaced by another temÂporary Nikah Registrar without proper cause. Consequently, he is entitled to a prior show cause notice and an opportunity of being ......ders of stay is recalled and vacated.
Send a copy of this judgment to the respondent No. 3 for information and necessary action.
Ed.
This Case is also Reported in: 59 DLR (2007) 448.
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Category: Civil Law | Date: | Hits: 77
Md. Ali Vs. State, 2007, 36 CLC (HCD)
....e thereunder. Said convict accused Lokman Hossair be treated to be at liberty if not connected with any other case. Records be sent down. Ed. This Case is also Reported in: 59 DLR (2007) 441.......dismissing appeal No. 211 of 2004 up- holding Judgment, order of conviction dated 3-11Â02 by Metro Assistant Sessions Judge Chittagong in Sessions Case No. 305/99 arising out of GR case No. 1951 /96 and Kotwali PS case No. 4(10)96 under section 19(1)3 ka, Narcotics Control Act 1990 but modifying an......(1)3 ka, Narcotics Control Act 1990 but modifying and reducing sentence from 3 years RI to 2 years should not be set aside or to pass such order or other order or orders as the Court may deem fit and proper. 2. Rule was made returnable within 2 weeks. 3. Convict-appellant petitioner was enlarg......e thereunder. Said convict accused Lokman Hossair be treated to be at liberty if not connected with any other case. Records be sent down. Ed. This Case is also Reported in: 59 DLR (2007) 441...Category: Criminal Law | Date: | Hits: 30
New Zealand Milk Brands Ltd. Vs. Unilac Sanowara (BD) Ltd. & ors., 2005, 34 CLC (HCD)
....is the lawful proprietor of the said mark. It is alleged that the registration of trademark under application No. 62724 for milk powder, filed by opposite party No. 1, registered on 28-11-1999, is in complete derogation of the provisions laid down in sections 10(1) and 8(a) of the Act whereby regist....... This Case is also Reported in: 59 DLR (2007) 424. ......erÂfunctory compliance of the Rules by the Registrar of Trade Marks, ignoring the purpose of provisions of law in its totality, is highly deprecated. When search is made under Rule 23, those must be proper and meaningful and taken to their final conclusion. In the light of the allegation in the pen...... 7-8-2004 is directed to be returned to the learned Advocate for the petitioner. Send down the Records of the Registrar at once. Ed. This Case is also Reported in: 59 DLR (2007) 424. ..Category: Intellectual Property Law | Date: | Hits: 187
Salina Begum Vs. Mojibur Rahman and others, 2006, 35 CLC (HCD)
....charged without any order as to the costs. Lower Court's record be sent down at once with a copy of the judgment Ed. This Case is also Reported in: 59 DLR (2007) 420; 13 MLR (HCD) (2008) 58. ......n (Civil Revisional Jurisdiction) Present: Syed Abu Kowser Md. Dabirush Shan J Salina Begum ………………………………………………….Petitioner Vs. Mojibur Rahman and others……………………………Opposite Parties Judgment June 19, 2006. Result......rent findings of fact should not be disturbed unless it is manifestly perverse. When the Appellate Court as the final Court of finding of facts affirms or reverse the judgment of the trial Court on a proper assessment of the evidence on record and the findings do not suffer from any error of law and......charged without any order as to the costs. Lower Court's record be sent down at once with a copy of the judgment Ed. This Case is also Reported in: 59 DLR (2007) 420; 13 MLR (HCD) (2008) 58. ..Category: Property Law | Date: | Hits: 40
Samiran Haider and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....e found unfit in medical examination or if any adverse information is found on police verification or if the officer married or promised to marry a foreign national. Initially, all candidates were to complete a two-year probationary period and the service of the officers would be subjected to the Ru......eported in: 59 DLR (2007) 410. ......s H and I) should not be declared to have been passed and issued without lawful authority and is of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. All these Rules concern common questions of fact and law and are therefore taken u......iction we are not inclined to go into their merits. Accordingly, these Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 410. ..Category: Employment/Service Law | Date: | Hits: 107
Barrister Md. Rafiqul Islam Mia Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
.... contained in Annexure-C is declared illegal and without lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 407. ...... (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Afzal Hossain Ahmed J Barrister Md. Rafiqul Islam Mia………………….. Petitioner Vs. Government of Bangladesh and others……..Respondents Judgment October 18, 2006. Cases Referred To- Syed Mustaf......ntained in Annexure-C should not be declared to have been passed without lawful authority and is of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The petitioner was a former Member of Parliament. He served as Minister for Labour and...... contained in Annexure-C is declared illegal and without lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 407. ..Category: Anti-Corruption Laws | Date: | Hits: 140
Mahbub-ur-Rahman Chowdhury Vs. DG, Bureau of Anti-Corruption and others , 2007, 36 CLC (HCD)
.... In the result, the Rule is discharged without any order as to the cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 403. ......l Jurisdiction) Present: Mir Hashmat Ali J SAK Md. Dabirush-Shan J Mahbub-ur-Rahman Chowdhury……………………………………Petitioners Vs. DG, Bureau of Anti-Corruption and others ………………….Respondents Judgment April 24, 2007. Cases Referred To- ...... respondents to show cause as to why the impugned order under Memo No. AC/1473 dated 1-7-1998 (Annexure-B to this petition) issued by respondent No. 3 directing the petitioner to submit return of his properties along with source and liabilities of the same should not be declared to have been made il...... In the result, the Rule is discharged without any order as to the cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 403. ..Category: Anti-Corruption Laws | Date: | Hits: 150
Shahjahan Ali (Md.) @ Md. Shahjahan Vs. State, 2007, 36 CLC (HCD)
.... sentence dated 22-3-2005 is upheld and confirmed. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 396. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Respondent Judgment February 26, 2007. Cases Referred To- State vs. Khasru, 43 DLR (AD) 182; Shamsuddin Sarker vs. State, 11 DLR (SC) 365; Eradu and others vs. State of Hyderabad, PLD 1956 SC 286; Ismail Sarker and others vs. State, 33 DLR 320; ......not come within the purview of ingredients of section 302 of the Penal Code and, as such, the appeal should be allowed and the accused-appellant be acquitted as the impugned judgment is not legal and proper. In this connection, learned Advocate has cited some decisions on "last seen" reported in 43 ...... sentence dated 22-3-2005 is upheld and confirmed. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 396. ..Category: Criminal Law | Date: | Hits: 29
Abdul Mannan Sheikh (Md) Vs. Soleman Bewa and others, 2007, 36 CLC (HCD)
....sel refers the case of Nurul Islam and others vs Azimon Bewa reported in 51 DLR 451 wherein it is held— "The transaction of heba-bil-Iwaz is, in fact, a sale. Therefore, as a sale cannot be completed without price being paid heba-bil-Iwaz also cannot be called valid unless ewaj is paid." ......e Court High Court Division (Civil Revisional Jurisdiction) Present: SM Ziaul Karim J Abdul Mannan Sheikh (Md)………...Petitioner Vs. Soleman Bewa and others…………. Opposite Parties Judgment February 8, 2007. Cases Refer......cres of land described in the Schedule of the plaint, is illegal, fraudulent, without consideration and for cancellation of the deed. 3. The plaintiff's case put in a nutshell is that the suit property has belonged to her, that her son defendant, about 12 years back, took her to the Naogaon H......vacated. Send down the lower Court's record at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 392. ..Category: Property Law | Date: | Hits: 26
Khorshed Alam Khan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....Lakshmipur by declaring in the official Gazette that LA Case No. 34 of 1993-1994, so far as it relates to the petitioner's land, is abated. Ed. This Case is also Reported in: 59 DLR (2007) 383. ...... Case is also Reported in: 59 DLR (2007) 383. ......amsharabad, Lakshmipur due to abatement of LA Case No. 34 of 1993-1994 and publish the same in the official Gazette and or pass such other or further order or orders as to this Court may seem fit and proper. 2. The petitioners claim to have purchased an area of 283/4 decimals of land in Mouza Sha......Lakshmipur by declaring in the official Gazette that LA Case No. 34 of 1993-1994, so far as it relates to the petitioner's land, is abated. Ed. This Case is also Reported in: 59 DLR (2007) 383. ..Category: Property Law | Date: | Hits: 57
Bangladesh Film Development Corporation Vs. Chairman, Labour Court & another, 2007, 36 CLC (HCD)
....discharged. The stay order passed at the time of issuance of these Rules is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 379. ...... Mohammad Jahangir Alam, Advocates—For Respondent No. 2. (In all the Writ Petitions). Writ Petition Nos. 746-751 of 2006. Judgment Quamrul Islam Siddiqui J.- These Rules were head together and are being disposed of by this common judgment as they do involve common question of law and of f......Writ Petitions) would not be declared to have been passed without any lawful authority and are of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 3. At the time of issuance of the Rule, the petitioner, however, obtained an interim orde......discharged. The stay order passed at the time of issuance of these Rules is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 379. ..Category: Labour and Industrial Law | Date: | Hits: 181
State Vs. Kajal Ahmed Jalali, 2007, 36 CLC (HCD)
....pellant Humayun Kabir @ Phool Mia. 113. Mr. Hasen Foez Siddique, adopting the submissions made by learned Advocate Mr. TH Khan, submits further that if evidence of a solitary, eye-witness is found complete, cogent, consistent, above reproach and he is found disinterested witness having integrity,......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Petitioner Vs. Kajal Ahmed Jalali (absconding)…………….Condemned-Accused Judgment March 5, 2007. Cases Referred To- Bangladesh (State) vs. Paran Chandra Baroi, 6 BCR (AD) 225. Sharad Birhichand Sarda vs. State of Maharashtra, AIR 1984 Supreme Cour......rsations were made after the occurrence. Those two arrested persons were neither made accused nor cited as witnesses of the prosecution side. Though it was an important clue to identify offenders, no proper investigation was made in that direction. In support of the said testimony, the connected pol......tances to show prior enmity with the occurrence of murder, it is very risky to jump to the conclusive finding against those accused persons and such finding must not fulfill the requirement of law in adjudication. Enmity is a double-edged weapon, and possibility of using such weapon on suspicion aga..Category: Criminal Law | Date: | Hits: 109
Jakir Hossain Vs. Jel Vanu, 2005, 34 CLC (HCD)
..... 25 of 2003 are hereby set aside. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 340, 26 BLD (HCD) (2006) 98. ......es Referred To- Dewan Mohammad Safare Ali vs. Bangladesh 43 DLR 221; Gangamoyi Debi vs. Troiluckhya Nath Chowdhury 33 IA 60 at 65; Abani Mohan Saha vs. Assistant Custodian (SDO) Vested Property, Chandpur 39 DLR (AD) 223; Kiron Chandra Das vs. Sirajul Hoque Patwari 34 DLR 225; Saheda Khatun vs. Sh......nior Assistant Judge-in-Charge, Barguna in Title Suit No. 78 of 2000 in disÂmissing the suit should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. It is the petitioner's case that the opposite party No. 1 as plaintiff on 30-5-2000 in....... 25 of 2003 are hereby set aside. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 340, 26 BLD (HCD) (2006) 98. ..Category: Property Law | Date: | Hits: 32
Farida Begum and others Vs. Kapil Krishna Goldar & another, 2006, 35 CLC (HCD)
....e No. 509 of 2000 pending before the Magistrate, 1st Class, Madaripur, is hereby quashed. Let a copy of the Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 328.......s Case is also Reported in: 59 DLR (2007) 328.......Penal Code for commission of offence of forging valuable documents by the accused petitioners should not be quashed and/or pass such other or further order or orders as to this Court may deem fit and proper. 2. At the time of issuance of the Rule, all further proceeding in CR case No. 509 of 2000......e No. 509 of 2000 pending before the Magistrate, 1st Class, Madaripur, is hereby quashed. Let a copy of the Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 328...Category: Criminal Law | Date: | Hits: 28
Noor Alam Hossain Vs. State and others, 2006, 35 CLC (HCD)
....e him preferably within three months from the date of receipt of the judgment. Let a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 322. ...... High Court Division (Criminal Revisional Jurisdiction) Present: AFM Abdur Rahman J Noor Alam Hossain……………………Accused-Petitioner Vs. State and others……………………….Opposite Parties Judgment June 25, 2006. ......ding in the Court of Magistrate, First Class, Natore under sections 465/471 of the Penal Code should not be quashed and/or pass such other or further order or orders as to this court may seem fit and proper. At the time of issuance of the Rule the accused petitioner obtained an order of stay for all......e him preferably within three months from the date of receipt of the judgment. Let a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 322. ..Category: Criminal Law | Date: | Hits: 40
....ubstance in the submission of the learned Counsel for the appellant.
Accordingly, the appeals are dismissed.
Ed.
This Case is also Reported in: 15 BLC (AD) (2010) 210, 16 MLR (AD) (2011) 447....... BLC (AD) (2010) 210, 16 MLR (AD) (2011) 447....... Judge and Arbitrator, Narayanganj, held that the sale figures were much below the value of the lands of same description in the same vicinity and accordingly assessed the value at Taka 15 lakh being proper and reasonable.
6. Against the said judgment and order, the appellant filed Arbitration Ap......ubstance in the submission of the learned Counsel for the appellant.
Accordingly, the appeals are dismissed.
Ed.
This Case is also Reported in: 15 BLC (AD) (2010) 210, 16 MLR (AD) (2011) 447...
Category: Property Law | Date: | Hits: 37
Aminul Haque Shamim (Md) Vs. Government of the People's Republic of Bangladesh, 2003, 32 CLC (HCD)
....airs of the Republic. In view of the discussion made above the application appears to have no substance and hence is rejected summarily. Ed. This Case is also Reported in: 55 DLR (2003) 90. ...... Md. Nizamul Huq J Aminul Haque Shamim (Md)…….………………….Petitioner Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Information and others........................Respondents Judgment January 6, 2003. Lawyer Involved: ......dividual, association of persons or any other organization; (g) to undertake studies and research of national and foreign newspapers, their circulation and impact; (h) to provide facilities for proper education and training of persons in the profession of journalism; (i) to promote technica......airs of the Republic. In view of the discussion made above the application appears to have no substance and hence is rejected summarily. Ed. This Case is also Reported in: 55 DLR (2003) 90. ..Category: Constitutional Law | Date: | Hits: 213
Titas Gas Transmission and Distribution Co. Ltd. Vs. Shams Company and others, 2001, 30 CLC (HCD)
....ded from the decree appears to be limited. The appeal is available only when the decree is in excess of the award or not exactly in accordance with the award. So, the appeal provided by section 17 is completely different from that available under section 39 of the Act. Under section 39, the orders h...... at once. Ed. This Case is also Reported in: 54 DLR (2002) 128.......o. 1 is not legally ethically entitled to encash the Guarantee No. 14/01 dated 30-3-1985 issued by the I defendant No. 7, the Manager, Rupali Bank, Brahmanbaria Branch, Brahmanbaria until it pays the proper and lawful value with compensation and interest for its illegal use and occupation of the sui......unity of hearing to both parties and as soon as within six months, from the date of receipt of the records. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 128...Category: Property Law | Date: | Hits: 31
Abu Taher and others Vs. State, 2009, 38 CLC (AD)
....ned Counsel for the petitioners deserve consideration. Accordingly, leave is granted. The preparation of paper books is dispensed with as prayed for. Ed. This Case is also Reported in: ......Division (Criminal) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Abu Taher and others………………..Petitioner Vs. The State………………………………….......ned. The informant wanted to bring this incident to the notice of his brother Israfil. But when Israfil returned home and heard about the whole thing he remarked that his six sons should have given a proper lesson as a reply, to the informant’s family and then he started rebuking in a filthy langu......ned Counsel for the petitioners deserve consideration. Accordingly, leave is granted. The preparation of paper books is dispensed with as prayed for. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 31
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