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Tofail Ahmed Vs. Bangladesh, 2001, 30 CLC (HCD)
....ed by respondent No.1 as evidenced by the receipt dated 23-10-2001 granted by the respondent No. 4 upon taking his passport (Annexure-A) shall not be declared to be without lawful authority and of no legal effect. 2. Mr. Rokanuddin Mahmud appeared on behalf of the petitioner, and at the very outs......ten) days of receipt of this judgment. Advance copy of the order portion may be communicated to the respondents at the cost of the petitioner. Ed. This Case is also Reported in: 54 DLR (2002)403...Category: Others | Date: | Hits: 102
Makbul Ahmed and others Vs. Mohammedullah and others, 2000, 29 CLC (HCD)
....f the Code of Civil Procedure this court is invested with the power to make such order in a case as it thinks fit. Furthermore section 151 of the Code of Civil Procedure codifies the well established legal principle that every court has inherent power to act ex debito justitiae so that real and subs......f 1983. 15. Having regard to the facts and circumstances of the case there will be no order as to costs. Send down the record at once. Ed. This Case is also Reported in: 54 DLR (2002) 399...Category: Procedural Law | Date: | Hits: 62
Abdul Mannan Miah Vs. Md. Salaiman Miah, 2000, 29 CLC (HCD)
....n and Registration certificate dated 7-5-95, Registration of Trade Mark No. 22202 dated 19-2-92, Registration of Copyright No. 5252 dated 7-5-95, BSTI certificate dated 18-8-99, Notice of caution and legal notice dated 20-7-99. 5. The defendant apart from fling an application under Order VII, rul...... similar product with the name and trade mark Oralsaline from the last part of 1983 in spite of the order passed by the Subordinate Judge, 1st Court, Pabna, in Other Suit No.1 of 1994 for maintaining status quo in respect of marketing and selling of the products of both the parties. The Social Marke..Category: Intellectual Property Law | Date: | Hits: 200
....that the Appeal and Arbitration Committee was quite competent to disapprove the proposed action of the School and as such the order of refusal passed by the Appeal and Arbitration Committee was quite legal. On the aforesaid findings the High Court Division made the Rule absolute with a direction to ......rection upon the appellant to reinstate the respondent No.1 Md. Gholam Kibria in his post forthwith. There shall be no order as to cost.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 497...
Category: Employment/Service Law | Date: | Hits: 133
Zahid Hossain @ Paltu and others Vs. State, 2002, 31 CLC (HCD)
....nemies when police failed. 16. PW 4 ST Islam, Magistrate, First Class, has stated in chief that he recorded the confessional statements of accused Md. Selim (PW 3) and Tota after observing all the legal formalities marked Exhibits 2 and 3 respectively. He stated that the confessing accused made t...... appellants are acquitted of the charge levelled against, them and they be set at liberty forthwith, if not wanted in any other connection. Ed. This Case is also Reported in: 55 DLR (2003) 160. ..Category: Criminal Law | Date: | Hits: 35
Uttara Bank Ltd. Vs. Ali and Co. and another, 2000, 29 CLC (HCD)
....me. The defendants on 7‑7‑1980 did not also allow the plaintiff bank to adjust this loan amount against some other accounts maintained by the defendants. Consequently, the plaintiff bank served a legal notice demanding payment of the aforesaid amount with interest but the defendants did not care......t and hear both the aforesaid suits analogously as early as possible, preferably within 6(six) months from date of receipt of the LC Records. Ed. This Case is also Reported in: 55 DLR (2003) 156...Category: Civil Law | Date: | Hits: 101
Nadera Banu Vs. Protiva Rani Sen Gupta and others, 2003, 32 CLC (HCD)
.... bearing on the subject and passed the impugned order on sound reasons. The impugned order is found to be well-reasoned and well-supported by the materials on record. We, therefore, do not find any illegality or legal infirmity in the impugned order occasioning failure of justice so as to justify in......Judge is hereby directed to dispose of the suit as expeditiously as possible, preferably within months from the date of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 149...Category: Property Law | Date: | Hits: 31
Zakir Hossain and another Vs. State, 2002, 31 CLC (HCD)
....examined by the defence. PW 6 Mr. Anil Kumar Chakraborty, Upazila Magistrate, Matlab, who stated and proved that he recorded the statement under section 164 Cr.P.C. of accused Zakir Hossain observing legal formalities. The said statement was marked Exhibit 2 and his signatures on the same were marke...... and sentence dated 20‑1‑92 by trial Court against appellants Zakir Hossain and Suruj Miah be accordingly upheld. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 137...Category: Criminal Law | Date: | Hits: 34
Zakir Hossain Munshi Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
.... of the Government by installation and operation of the multi-station radio system of digital mobile cellular telephone service by dint of agreement and licence from the government. By virtue of this legal arrangement GrameenPhone has not only established and maintained mobile telephone services by ......o be refunded to the petitioner forthwith. In the result, the Rule is made absolute in the foregoing terms without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 130. ..Category: Information Technology Law | Date: | Hits: 217
Janata Insurance Company Ltd. Vs. M/s. Islam Steel Mills Limited and another, 2010, 39 CLC (AD)
....r section 46 of the Insurance Act". In respect of the objection of the defendant that the plaintiffs not being 'policy holders' within the meaning of section 2(13D) of the Insurance Act, they are not legally entitled to the moneys covered-by the policies, it has been observed that "The English entri......efendant recognised the plaintiffs not only as partners of the Banks but also treated them as 'insured' and that being the admitted position, the defendant is estopped from challenging the plaintiffs status as 'insured' in the policies and their right to claim moneys covered by the insurance policie..Category: Business or Commercial Law | Date: | Hits: 212
Azim vs. Naim Ara Begum, 2003, 32 CLC (HCD)
....t Suit. 3. The defendant contested the suit by filing a written statement contending, inter alia, that he did not get any notice of termination of the tenancy and that the issuance of notice was illegal, as he had paid rents regularly. The plaintiff, however, did not want to receive the monthly r......red, are not admissible and those have no legal effect in creating valid lease. As Such, the defendant is not bound by the said contract and the parties to such invalid contract would be relegated to status quo ante and the defendant cannot be evicted from the land as the owner had given consent to ..Category: Property Law | Date: | Hits: 28
Abdur Rashid Mia (Md) Vs. Md. Hasem Ali Mia & others, 2003, 32 CLC (HCD)
.... been concurrently found by both the Courts below. 14. Regarding the point of limitation, he has submitted that the date of knowledge as stated by the pre‑emptor has not been corroborated by any legal evidence. During his argument he has cited the case of Jitendra Noth Howlader vs. Bisheshwar H......assed by learned Assistant Judge, Basail, Tangail, in Miscellaneous Case No. 6 of 1996 is hereby restored. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 155. ..Category: Property Law | Date: | Hits: 39
Nurujjaman and others (Md) Vs. Md. Sajjad Ali and others, 2002, 31 CLC (HCD)
....ee of declaration that the plaintiffs have got title in the suit land measuring about 15 acres, that orders dated 13‑9‑90 and 29‑8-91 passed in appeal and review in mutation proceedings are illegal, void and not binding upon them and the kabalas including one dated 17‑1‑90 executed by th...... Subordinate Judge is directed to hear and dispose of both the suits together, expeditiously, in accordance with law. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 149...Category: Procedural Law | Date: | Hits: 65
Abdul Motaleb & others Vs. Aftab Miah and another, 2002, 31 CLC (HCD)
....within a reasonable period after filing of the same before the Registrar that will do and thus there is full compliance with the provision of Rule 33(1) of the Rules. Therefore, the Registrar acted illegally and without jurisdiction in holding that there is no evidence in Support of the opposition a...... appellants, as there was no occasion to do so in the absence of any TM 55. Therefore, we find no substance in the appeal which must fail. Ed. This Case is also Reported in: 56 DLR (2004) 145...Category: Intellectual Property Law | Date: | Hits: 181
Abul Kashem and others Vs. State, 2003, 32 CLC (HCD)
....ere closely scrutinised and corroborated by the evidence of impartial and independent witnesses before their evidences were relied on in basing the impugned judgment and order of conviction. But this legal requirement was not appreciated and followed by the trial Court. (6) The trial in absentia ......thwith. Convict appellant Anwar Hossain Pintu alias Anwar Hossain may therefore; be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 132...Category: Criminal Law | Date: | Hits: 39
State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)
....ion and imposing death penalty discussed and considered circumstantial evidence, judicial confessional statements and other materials on record and found: a. Learned Magistrate after observing all legal formalities recorded confessional statement of accused Khodeja Begum and Mir Hossain alias Mir......But Judgment of Conviction for the offence of sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124...Category: Criminal Law | Date: | Hits: 31
Serajul Islam Bhuiyan (Md) Vs. Bangladesh Water Development Board & others, 2003, 32 CLC (HCD)
....er of the petitioner from the present working station at Khagrachari to Rangamati Operation and Maintenance Division should not be declared to have been passed without lawful authority and is of no legal effect. 2. The petitioner, a Sub‑Assistant Engineer, posted at Khagrachari Operation and ......grachari to Rangamati Operation and Maintenance Division is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 120...Category: Employment/Service Law | Date: | Hits: 77
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....on the respondents to show cause as to why the impugned memo dated 7‑6‑2003 (Annexure C-1) issued by respondent No. 3 shall not be declared to have been made without lawful authority and is of no legal effect and why a direction should not be given to grant the frequencies and to issue licence(s......k account of the Company has been frozen for non payment of instalments. ETV Limited is under the control and management of a new authority and had nothing to do with the old regime. Whatever was the status of the licence of the earlier authority the petitioner wanted to start afresh with a valid ap..Category: Information Technology Law | Date: | Hits: 230
Akhteruzzaman Chowdhury Vs. Hamidul Huq, MD, UCBL and another, 2003, 32 CLC (HCD)
.... holding of AGM of the Bank. It further appears that after the introduction of section 15 ka ka to the Bank Company Act, 1991 one of the shareholders of the Bank filed a Writ Petition challenging the legality of the aforesaid Act which is registered as Writ Petition No. 4809 of 2003 in the High Cour......ne amounting to Taka 2000 to be paid within one month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73...Category: Banking Law | Date: | Hits: 158
Dulal Mia (Md) Vs. State, 2003, 32 CLC (HCD)
....on to unearth the actual fact which caused the death of the deceased. The plain reading of the impugned judgment indicates that the trial Court considered every aspect of the matter, particularly the legal position and the conduct of the accused‑ appellant and rightly found the accused-appellant g...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 65...Category: Criminal Law | Date: | Hits: 88
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