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Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)
.... 5. Being aggrieved by and dissatisfied with enhancement of sentence passed by the learned Additional Sessions Judge, the accused-petitioner has preferred this revisional application challenging the legality and propriety of the order passed by the learned Additional Sessions Judge. It has been all......l run concurrently. Let a copy of the order along with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311...Category: Criminal Law | Date: | Hits: 60
Kazi Moniruzzaman and others Vs. Kazi Nuruzzaman and others, 2006, 35 CLC (HCD)
....stablished by evidence at the trial. We therefore, find that the impugned order of the learned Joint District Judge in rejecting the prayer of the plaintiffs dated 28-12-2002 does not suffer from any legal infirmity. 28. Accordingly, for the reasons stated above we find no merit in this Rule. ......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...Category: Property Law | Date: | Hits: 131
Abdur Rashid Salam Vs. Md. Moniruzzaman, 2005, 34 CLC (HCD)
.... party appeared in the suit and filed an application under Order VII, rule 11 of the Code for rejecting the plaint on the ground that the tenancy agreement with the plaintiff having expired he has no legal character, no locus standi and no cause of action to bring the suit as there is no breach of a...... 22. The Rule is discharged as not maintainable without any order as to costs. 23. The order passed earlier calling for the records of the case by this Court is hereby recalled and the order of status quo granted earlier by this court is also vacated. Send down the lower court records at once ..Category: Procedural Law | Date: | Hits: 90
Amin Uddin (Md.) Vs. State, 2006, 35 CLC (HCD)
....o-Shishu Nirjatan Daman Ain as amended. 25. We are clearly of the view that upon said report dated 7-9-04 of officer-in-charge, DB Brahmanbaria learned Nari-o-Shishu Nirjatan Daman Tribunal had no legal and procedural scope to take direct cognisance against accused petitioner Amin Uddin under sec...... matter having great social importance giving top most priority. LC records along with copy are sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 294, 26 BLD (HCD) (2006) 433. ..Category: Criminal Law | Date: | Hits: 48
Nabisco Biscuit and Bread Factory Ltd. Vs. Baby Food Products Ltd. and another, 2005, 34 CLC (HCD)
....ong period and certainly longer than the 7 years limitation provided by section 24 of the Act, which reads as follows: "24. Registration to be conclusive as to validity after seven years.- In all legal proceedings relating to a registered trade mark, the original registration of the trade mark s......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)
....foresaid sections on 5-9-95. 6. He submits that present petitioner Motleb Mondal, father of deceased victim Rezaul, being prevented by aforesaid Ainuddin Joarder and his group from praying for any legal remedy for the murder of his son Rezaul in the thana which also turned deaf ear to any approac......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
Kazi Rashed Akhter Shahid (Prince) Vs. Rokshana Choudhury (Sanda), 2006, 35 CLC (HCD)
....d Family Suit No. 11 of 1999 in the Court of the learned Senior Assistant Judge, Sadar and Family Judge, Tangail praying for declaration that the divorce dated 22-5-1998, 22-6-1998 and 22-7-1998 is illegal and void and for restitution of conjugal life and also further prayed for a decree of dower of......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). He further submits that the judgment and decree..Category: Family Law | Date: | Hits: 184
MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)
....f 2000 (Annexure-D) and the subsequent proceedings in Bankruptcy Case No. 6 of 2000 pending before respondent No. 1 should not be declared to have been passed 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 p......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. ..Category: Civil Law | Date: | Hits: 131
Dhaka Leather Complex Ltd. Vs. Sikder Construction Ltd. and another, 2009, 38 CLC (AD)
....-1996 and 03-11-1996 and thereafter on several dates even by enclosing copy of the award passed by the Umpire and as such the impugned judgment and order passed by the High Court Division is wholly illegal and not in accordance with law and it suffers from legal infirmity and the same is liable to b......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...Category: Alternative Dispute Resolution | Date: | Hits: 187
Abi Abdullah (Md.) and others Vs. Government of Bangladesh, 2005, 34 CLC (HCD)
.... as to why the impugned order dated 29-11-94 as contained in Annexure 'E' to the writ petition issued by respondent No.1 should not be declared to have been made without lawful authority and is of no legal effect and why a direction should not be issued upon the respondents to accept rents in respec...... petitioners are concerned. In the result, the Rule is made absolute so far as it relates to the petitioners without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 250. ..Category: Property Law | Date: | Hits: 99
Abdur Razzaque Zoarder and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....ubo (Kop)/B-l/Sha-l//l-Ja-1/95 dated 2-3-2000 thereby fixing seniority of respondent Nos. 6 to 13 above the petitioners shall not be declared to have been passed without lawful authority and is of no legal effect and why the respondent Nos. 1 to 5 shall not be directed to withdraw and cancel the sam......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)
....n a short time subject to receiving survey report from the higher authority; subsequently, the-defendant-petitioner failed to hand over the materials to the plaintiff for which the plaintiff served a legal notice to the defendant petitioner on 14-9-2003; in reply, the defendant petitioner vide Memo ......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. ..Category: Business or Commercial Law | Date: | Hits: 209
Golap Vs. Md. Abdul Hakim & others, 2002, 31 CLC (HCD)
....d 6-10-98 passed in Title Suit No. 59 of 1996 by the Assistant Judge, Muktagacha Court, Mymensingh so far it relates to passing an order of abatement and allowing the petition for substitution of the legal heirs of the deceased defendant is concerned should not be set aside or such other or further ......al Court is directed to proceed with the suit and the suit as against the deceased defendant No. 3 Rasullah alias Abdur Rashid stands abated. Ed. This Case is also Reported in: 58 DLR (2006) 227...Category: Procedural Law | Date: | Hits: 106
Tahera Begum and others Vs. Mizanur Rahman (Md.) and others, 2004, 33 CLC (HCD)
....al Patwari which was allotted to him in the preliminary decree dated 9-5-96. Said Jalal Patwari died on 28-5-2000. But the preliminary decree was made final against him without bringing on record his legal representatives. As such, the final decree became nullity and the executing case was liable to...... in Title Suit No. 12 of 2002 staying all further proceedings of Title Execution Case No. 1 of 2002 is hereby set aside. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 224...Category: Property Law | Date: | Hits: 72
Rafique Ullah (Md) Vs. Badsha Alam and others, 2005, 34 CLC (HCD)
....of solenama between the pre-emptor Nos. 1 and 2 and pre-emptor No. 3 which clearly shows that the compromised decree in question was obtained by practicing fraud upon the Court in order to defeat the legal right of the pre-emptor-opposite parties. Mr. Bhuiyan further submits that the Courts below on......e-emption is maintained. The order of stay earlier granted by this Court stands vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 58 DLR (2006) 221. ..Category: Property Law | Date: | Hits: 67
Afil Jute Mills (Pvt) Ltd. and others Vs. Bangladesh, 2006, 35 CLC (HCD)
....ank, KD Ghose Road, Corporate Branch, Khulna making a demand of Taka 79,13,42,887.12 against the petitioners should not be declared to have been made and issued without any lawful authority and of no legal effect. 2. Subsequently, when the matter was taken up for hearing, an application for suppl...... 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
Ali Akbar (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....r the post of acting Chairman (Chairman-in-charge) in his office should not be declared to have been issued in violation of the rules and the action of respondent Nos. 2, 3 and 4 in this respect is illegal and without lawful authority and of no legal effect. 2. The facts necessary for the disposa......dingly, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 201...Category: Election Law | Date: | Hits: 83
Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)
....d his heirs AH Ahmed and others, 33 DLR (AD) 17, Rangaswami Vs. State of Tamil Nadu AIR 1989 (SC) 1137 and Rambilas Singh and others Vs. State of Bihar, AIR 1989 (SC) 1593. 5. Before we decide the legal points, let us consider whether or not there is sufficient ground for proceeding against accus......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. ..Category: Criminal Law | Date: | Hits: 49
HRC Shipping Ltd. Vs. MV X-Press Manaslu, MV X-Press Resolve & others, 2006, 35 CLC (HCD)
....in connection with the ownership of the vessel MV X Press Manaslu and submits that even though some of the shareholders of Sea Consortium Pte. Ltd. and Manaslu Pvt. Ltd. may be same they are separate legal entities. He also refers to page-1 of the documents filed by the defendants on 26-12-2005 whic...... 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
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....t No.3. Mr. Anwar Hossain, as printer and publisher on behalf of the petitioner No.2, Ittefaq Group of Publications Ltd, should not be declared to have been made without lawful authority and is of no legal effect. 4. In Writ Petition No. 3834 of 1999, Rule Nisi was issued calling upon the resp......d purposes which as a Minister cannot he done because of his party affiliation and ministerial power and functions. 223. Mr. Abdur Razzaque refers to Halbury's Law as regards the constitutional status of members of parliament, stating that amongst others, those who are members of the House of ..Category: Information Technology Law | Date: | Hits: 324
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