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Razia Sultana Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....Industries Corporation in pursuance to the Bangladesh Industrial Enterprises (Nationalisation) (Fifth Amendment) Order 1972 (President's Order No. 131 of 1972). 18. It appears that a public notice published in the Daily Observer on 30‑11‑1975 (Annexure F‑1) by Messers Ahsan Mustafa Kamal &a...... Rule Nisi under Article 102 of the Constitution of the People's Republic of Bangladesh was issued at the instance of one Mrs. Razia Sultana, calling, upon the respondents to show cause as to why the order of respondent No. 2 contained in Memo No. Liquidator/300/57/532 dated 9‑3‑1986 (Annexureâ€......der. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 366. ......rt Division (Special Original Jurisdiction) Present: ABM Khairul Haque J Md. Miftahuddin Chowdhury J Razia Sultana……………………………………………….………Petitioner Vs. Government of Bangladesh and others …………….Respondents Judgment March ..Category: Business or Commercial Law | Date: | Hits: 194
Virginia Tobacco Company (BD) Ltd. Vs. Registrar of Trade Marks and another, 2000, 29 CLC (HCD)
....appellant non-distinctive of its product and the mark by now has gained much popularity in the country. The appellant initially filed an application for registration of the mark in Pakistan which was published in the Pakistan Trade Mark Journal No. 233 for the month of June, 1970 at page 1215 under ......sain, Advocate-For the Appellant. Mohammad Ohiullah, Advocate-For the Respondents. Trade Mark Appeal No. 11 of 1989. Judgment Syed Amirul Islam J.- This appeal is against the judgment and order dated 11‑5‑1989 passed by the Registrar of Trade Marks in Rectification Case No. 26 of 198......ts. Ed. This Case is also Reported in: 56 DLR (2004) 362. ......adesh either will be deceived or confused by the mark of the appellant. It is further contended that the appellant has also failed to bring their case within section 10(2) of the Act on the basis of honest and concurrent user of the mark. The further case of the respondent No. 2 is that in view of t..Category: Intellectual Property Law | Date: | Hits: 226
Jashimuddin (Md.) alias Md. Jashimuddin Vs. Dali Begum and another, 2003, 32 CLC (HCD)
.... In that view of the matter, the Rule is discharged without any order as to costs. The stay order granted by this Court is hereby vacated. Ed. This Case is also Reported in: 56 DLR (2004) 358. ......itted by the Court of appeal below and there is no error of law resulting in an error in the decision occasioning failure of justice. In that view of the matter, the Rule is discharged without any order as to costs. The stay order granted by this Court is hereby vacated. Ed. This Case is al......t is hereby vacated. Ed. This Case is also Reported in: 56 DLR (2004) 358. ...... in: 56 DLR (2004) 358. ..Category: Family Law | Date: | Hits: 186
State Vs. Billal Hossain Gazi, 2004, 33 CLC (HCD)
....ourt and the trial Court shall be at liberty to decide the case independently on the basis of the evidence to be available with the record. Ed. This Case is also Reported in: 56 DLR (2004) 355. ......Death Reference No. 33 of 2001. Judgment SK Sinha J.- The Nari‑o‑Shishu Nirjatan Daman Bishesh Adalat, Chandpur sentenced the condemned prisoner Billal Hossain Gazi to death by judgment and order dated 30‑7‑2001 in Nari‑oÂ-Shishu. Nirjatan Daman Bishesh Case No. 43 of 1999. Thereupo...... decide the case independently on the basis of the evidence to be available with the record. Ed. This Case is also Reported in: 56 DLR (2004) 355. ......LR (2004) 355. ..Category: Criminal Law | Date: | Hits: 43
Masud Mia (Md.) Vs. State, 2003, 32 CLC (HCD)
.... Md. Masud Mia be set at liberty forthwith if not wanted in connection with any other case. Send down the lower Court's records at once. Ed. This Case is also Reported in: 56 DLR (2004) 352. ...... the Appellant. SM Aminul Islam, Assistant Attorney-General-For the State. Criminal Appeal No. 1371 of 1999. Judgment Gour Gopal Saha J.- This appeal is directed against the judgment and order dated 3‑6‑1999 passed by the Nari‑o‑Shishu Nirjatan Daman Bishesh Adalat, Gaibandha in......ot wanted in connection with any other case. Send down the lower Court's records at once. Ed. This Case is also Reported in: 56 DLR (2004) 352. ......inst accused-appellant Md. Masud Mia under section 6(1) of the Women and Children Repression Act, 1995. 4. At the trial, the prosecution examined as many as 6 witnesses while the accused examined none in defence. 5. The learned Nari‑o‑Shishu Nirjatan Daman Bishesh Adalat, Gaibandha by his ..Category: Criminal Law | Date: | Hits: 45
Nurul Islam Babul (Md.) Vs. State, 2004, 33 CLC (HCD)
....n report will consider the prayer for bail in accordance with law. With the aforesaid direction and observation the Rule is disposed of. Ed. This Case is also Reported in: 56 DLR (2004) 347. ......spondents in attempting to arrest the petitioner should not be declared to have been made in violation of Articles 27, 31, 32 and 44 of the Constitution. The Court was also pleased to pass an interim order directing the respondents not to arrest the petitioner and not to search the house and place o......ccordance with law. With the aforesaid direction and observation the Rule is disposed of. Ed. This Case is also Reported in: 56 DLR (2004) 347. ...... DLR (2004) 347. ..Category: Criminal Law | Date: | Hits: 60
Hasna Banu Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....nt with effect from the first day of the agricultural year next following the date of publication of a notification in the official Gazette declaring that the Compensation Assessment-roll was finally published. 23. During the CS survey, the land was recorded as 'Nal'. With the passage of time whe......tian, which was marked as Exhibit 'Ka'. 8. Learned Subordinate Judge held that the plaintiff proved her possession and title in the suit property. She paid rents tip to 1393 BS after mutation vide order dated 24‑11‑1984, Exhibit 7(1). It further held that defendant failed to prove that the su......…………………Petitioner Vs. Bangladesh and others ………………..Opposite Parties Judgment May 8, 2004. Case Referred To- Shorna Mehta Vs. Rajani, 1 CWN 55. Lawyers involved: Md. Haroon‑ar Rashid, Advocate-For the Petitioner. Not represented- the Opposite P...... (2004) 344. ..Category: Property Law | Date: | Hits: 76
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ......opposite parties to show cause why the detenus Liakat Sikder and Md. Rafiqul Islam Kotwal should not be brought before this Court to be dealt with in accordance with law or pass such other or further order or orders as to this Court may seem fit and proper. 2. It is stated in the petitions that t...... 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ......24. ..Category: Criminal Law | Date: | Hits: 70
Mahbubur Rahman Vs. Syed Mostofa Jaman and others, 2002, 31 CLC (HCD)
....peacefully and the counting of ballot papers was held fairly and correctly in presence of the agents of all the candidates and the petitioner was legally declared elected member and his name was duly published in the gazette and he took oath and was functioning as a member of the Union Parishad conc......r the Opposite Parties. Civil Revision No. 1180 of 1999. Judgment Bijan Kumar Das J.- By this Rule the opposite party No.1 was called upon to show cause as to why the impugned order dated 11‑3‑1999 passed by the Election Tribunal, Gaibandha Sadar in Election Case No.3 of ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioner Vs. Syed Mostofa Jaman and others………….Opposite Party Judgment December 2, 2002. Case Referred to- Mohmud Hussain Vs. Md. Sayeb Ali and others 1989 BLD 173 = 41 DLR 44. Lawyers Involved: AM Emdadul......2004) 322. ..Category: Election Law | Date: | Hits: 79
Harun‑or‑Rashid Vs. State, 2003, 32 CLC (HCD)
....f the prayer for bail of accused-appellant Harun be accordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ......minal Appeal No. 3105 of 2003. Judgment Md. Abdul Quddus J.- This Criminal Appeal No. 3105 of 2003 under section 28 of the Nari‑o‑Shishu Nirjatan Daman Ain, 2000 is directed against order dated 26‑7‑2003 rejecting prayer for bail of accused‑appellant Harun‑or‑Rashid @ Har......cordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ...... No. 639/02 by Judge, Nari‑oÂ-Shishu Nirjatan Daman Tribunal, Rajshahi. 2. It has been stated that Putia PS Case No. 16 dated 19‑4‑2002 was started on first information report lodged by one Mr. Halimuddin to the effect when his daughter Shewly Khatun, aged 14 years, went to bamboo bush..Category: Criminal Law | Date: | Hits: 72
State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ......a) Accused Ershad Ali Sikder, Liaquat Lashkar and Jamai Farooq guilty of offence of sections 302/201/34 of the Penal Code and convicted them thereunder. Death penalty was imposed upon them. They were ordered to be hanged by the neck till death. (b) Accused Abdus Sabur guilty of offence of section...... concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ...... Supreme Court High Court Division (Criminal Appellate Jurisdiction) Present: AK Badrul Huq J M Abu Tariq J State………………………………………………….….Petitioner Vs. Ershad Ali Sikder and others ...............Condemned Prisoners Judgment July ..Category: Criminal Law | Date: | Hits: 69
Ali Akbar (Md) and others Vs. Sakina Begum and others, 2002, 31 CLC (HCD)
....der of stay is recalled. Learned Joint District Judge is directed to proceed with the Suit, expeditiously, Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 303. ......handakar Aminul Islam, Advocates‑For Respondent No.1. First Miscellaneous Appeal No. 28 of 2002. Judgment Md. Abdur Rashid J.- This appeal was presented by defendant Nos. 1 to 4 against an order dated 15Â-1‑2002 of Joint District Judge (in-Charge) and Artha Rin Adalat No.2 in Dhaka in ......4) 303. ......rious grounds both on law as well as facts. He submitted that the plaintiffs and defendants are full brothers and sisters, and their father left the suit property. In 1991 all of them amicably partitioned the suit property by a registered deed of partition and since, they were possessing and enjoyin..Category: Property Law | Date: | Hits: 69
Nizam Khan (Md) Vs. State and another, 2003, 32 CLC (HCD)
....called. In the result, the Rule is discharged. Communicate this order to the Court of the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 299. ......ing the proceeding of CR No. 5149 of 1999 under sections 406/420 of the Penal Code pending in the Court of Chief Metropolitan Magistrate, Dhaka The Rule is, therefore, liable to be discharged. The order staying further proceeding of CR No. 5149 of 1999 at the time of issuance of the Rule on 5‑3......ed. Communicate this order to the Court of the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 299. ......(HCD) (2004) 299. ..Category: Criminal Law | Date: | Hits: 38
Abdus Samad and others Vs. Md. Gafur and others, 2003, 32 CLC (HCD)
....spose of the Suit With utmost expedition. Send down a copy of this judgment to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 297. ......hury J.- This Rule under section 115(1) of the Code of Civil Procedure, was issued at the instance of' the defendants as petitioners directing the plaintiff Âopposite‑parties to show cause why the order No. 7Â8‑2000 passed by the Assistant Judge, Additional Court No. 1, Dhaka in Title Suit No.......3. Cases Referred to- Fazlur Rahman Vs. Rajab Ali and others 30 DLR (SC) 30; Aziza Nilufar Begum Vs. Jahanara Begum and another 3 BLC 117. Lawyers Involved: Md. Zakir Hossain, Advocate-For the Petitioners. Md. Golam Arshed, Advocate‑For the Opposite Parties. ......2004) 297. ..Category: Civil Law | Date: | Hits: 114
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285....... 4(c) of The Ordinance of 1983 reads thus: “4. Penalty for……………..etc.- Whoever kidnaps or abducts any woman of any age‑ (a)………………. (b)……………….. (c) in order that such woman may be forced or seduced to illicit intercourse or knowing it to be likely tha...... IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285.......Convict-appellant Vs. State …………………........................Respondent Judgment March 30, 2003. Cases Referred to- Asiman Begum Vs. State, represented by Deputy Commissioner, 51 DLR (AD) 18; State Vs. Abul Kalam, 5 BLC 230; Kellehar Vs. The Crown (1974) 131 CLR 534; Kr..Category: Criminal Law | Date: | Hits: 64
Abu Talukder Vs. State, 1999, 28 CLC (HCD)
....u Talukder be set at liberty forthwith, if not wanted in connection with any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 188.......ial the prosecution examined as many as 15 witnesses, including formal witnesses, in support of its case while the defence examined none. 5. The learned Sessions Judge by his impugned judgment and order dated 25-5-91 convicted accused appellant Abu Talukder and co-accused Jahangir Hossain as stat...... wanted in connection with any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 188.......he accused pleaded not guilty and claimed to be tried. At the trial the prosecution examined as many as 15 witnesses, including formal witnesses, in support of its case while the defence examined none. 5. The learned Sessions Judge by his impugned judgment and order dated 25-5-91 convicted acc..Category: Criminal Law | Date: | Hits: 52
....without any lawful authority and is of no legal effect. In the facts and circumstances of the case, there will be no order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 183.......rtain false allegation and though the respondent No. 2 did not have the jurisdiction to entertain such application, who became functus officio after allowing Mutation case and relief against the said order is available before the Assistant Commissioner by way of review or by an appeal to the Appella....... In the facts and circumstances of the case, there will be no order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 183.......d in: 51 DLR (HCD) (1999) 183...
Category: Property Law | Date: | Hits: 172
Shahid Malongi (Md) and another Vs. State, 2004, 33 CLC (HCD)
....lined to grant bail to the appellant. In the result the appeal is dismissed. The order of the court below is upheld. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)279. ......heikh A Awal, Deputy Attorney‑General‑For the State‑Opposite Party. Criminal Appeal No. 4298 of 2003. Judgment Khademul Islam Chowdhury J.- This appeal is directed against order dated 13‑9‑2003 passed by the Nari‑o‑Shishu NiKiatan Daman Bishesh Adalat rejecting th......sult the appeal is dismissed. The order of the court below is upheld. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)279. ...... Division (Criminal Appellate Jurisdiction) Present: Khademul Islam Chowdhury J Afzal Hossain Ahmed J Shahid Malongi (Md) and another……………………Petitioners Vs. State……………………………………………………………â€..Category: Criminal Law | Date: | Hits: 43
Chitta Ranjan Das @ Chitta Ranjan Sinha Vs. Shashi Mohan Das and another, 2004, 33 CLC (HCD)
....s is an old pending case, the learned Senior Special Judge, Sunamganj is directed to make disposal of the case expeditiously. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 276. ......ty Commissioner, Sunamganj and opposite party No.1 to show cause as to why the Special Case No.4 of 1997 now pending in the Court of Senior Special Judge, Sunamganj should not be quashed or any other orders be passed as this court may deem fit and proper. 2. The relevant facts are that the co......udge, Sunamganj is directed to make disposal of the case expeditiously. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 276. ...... (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Salma Masud Chowdhury J Chitta Ranjan Das @ Chitta Ranjan Sinha………………………….Petitioner Vs. Shashi Mohan Das and another…………………………………………â..Category: Criminal Law | Date: | Hits: 42
Saiduzzaman (Md) (Mithu) and another Vs. Munira Mostafa and another, 2004, 33 CLC (HCD)
....ceed with accordance with the law. Communicate a copy of judgment and order of the concerned Magistrate court immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 274. ......ssued calling upon the opposite parties to show cause as to why the proceedings of CR Case No. 4232 of 2001 pending in the Court of Metropolitan Magistrate, Dhaka, should not be quashed or such other orders be passed as this court may seem fit and proper. 2. The relevant facts are that the co......a copy of judgment and order of the concerned Magistrate court immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 274. ......ion (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Salma Masud Chowdhury J Saiduzzaman (Md) (Mithu) and another…………………..Petitioners Vs. Munira Mostafa and another………………………………………Oppos..Category: Criminal Law | Date: | Hits: 49
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