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Rafiqul Islam (Md.) Vs. State, 2006, 35 CLC (HCD)

.... the same bail granted by the Tribunal till disposal of the case. Let the copy of the judgment be set down at once. Ed. This Case is also Reported in: 58 DLR (2006) 244, 26 BLD (HCD) (2006) 96. ...... the same bail granted by the Tribunal till disposal of the case. Let the copy of the judgment be set down at once. Ed. This Case is also Reported in: 58 DLR (2006) 244, 26 BLD (HCD) (2006) 96. ..

Category: Women and Children | Date: 13 Feb, 2006 | Hits: 98

Moju Bibi and others Vs. Abdul Aziz and others, 2006, 35 CLC (HCD)

.... order as to cost. The judgments and decrees of the courts below are upheld. The lower Courts record be sent down at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 639. ......case of Sachindra Lal Das and others Vs. Hriday Ranjan Das being his heirs Bimal Kanti Das and others, reported in 40 DLR (AD) 56. 9. Mr. Abdul Quddus Miah, the learned Advocate for the opposite party submitted that both the courts below passed sound judgments and decrees. He further submitted ..

Category: Property Law, Procedural Law | Date: 25 Jan, 2006 | Hits: 5

M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)

.... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ...... is ready and willing at all material dates to perform his part of the contract…………………(31) Law under section 101 of the Evi­dence Act is that the burden of proof lies with the party who substantially asserts the af­firmative of issue. It is reasonable and just that the sui..

Category: Property Law | Date: 15 Dec, 2005 | Hits: 8

M/S. Uttara Properties Ltd. Vs. Joint District Judge and Artharin Adalat No.1, Dhaka and others, 2005, 34 CLC (HCD)

....tent of 25% of the de­cretal dues in default the Miscellaneous Case shall stand rejected. Communicate the order at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 64. ...... petitioner obtained the Rule and also the order of stay. 3. The respondent No.3 bank has filed an affidavit-in-opposition contending inter alia, that it is a condition precedent that a third party claimant is to furnish security to the ex­tent of 25% of the decretal dues as contem­plated..

Category: Civil Law | Date: 15 Dec, 2005 | Hits: 19

Most. Musarraf Sultana Vs. Principal and Member-Secretary, Kanchipara Mahabidhyalaya and others, 2005, 34 CLC (HCD)

....r in the plaint for manda­tory direction on the defendants to reinstate her to her former post with arrear pay and al­lowances, etc. Mr. Siddique also argued that the suit is not maintainable for defect of par­ties and as such the Rule should be discharged. Substantiating his submission on Se......titioners. Hasan Foez Siddique, Advocate-For the Opposite Party No.1. Civil Revision No.2986 of 2004. Judgment Md. Abdul Aziz J.- This Rule was is­sued calling upon the opposite party nos.1-11 to show cause as to why the impugned judg­ment and decree dated 11.10.2003 passed ..

Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6

Abdul Sobahan and others Vs. Noresh Chandra Mondal and others, 2005, 34 CLC (HCD)

....rties is hereby affirmed. The order of stay granted by this Court 11.1.2004 and its subsequent extensions is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 91. ......error in the decision occasioning a failure of justice in passing the impugned order. The Opposite Party Nos.4-16 being purchaser on the basis of registered kabala deeds are entitled to be added as party in the appeal under Order 22 Rule 10 of the Code of Civil Procedure. In view of the above I ..

Category: Procedural Law | Date: 4 Dec, 2005 | Hits: 3

Industries Chemie BV Vs. SMA Quddus and another, 2005, 34 CLC (HCD)

.... in favour of the respondent No.1. No order at to cost. The connected Rule being Rule No. 4 (TM)/2001 is disposed of. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 758. ......dents Judgment November 30, 2005. Result: The Rule is disposed of. The Registrar of trademarks shall not exercise any power vested in him by the Act or Rules adversely to any party duly appeared before him without giving the parties concerned an opportunity of being heard. ..

Category: Intellectual Property Law | Date: 30 Nov, 2005 | Hits: 142

Jabbar and others Vs. State, 2005, 34 CLC (HCD)

....d down the lower Court's records at once with a copy of this judgment, for in­formation and taking necessary action. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 29.  ......d not say how he recognized the appellants. So recognition of the appellants by the deceased is very much doubtful. 38. Undisputedly the appellants had strained relationship with the informant party. So chance of false implication of the appel­lants as suggested by the defence was not to­t..

Category: Criminal Law | Date: 18 Oct, 2005 | Hits: 3

Ali Imam Vs. Executive Engineer, Gaibandha and others, 2005, 34 CLC (HCD)

....him out. The prayer for review fails. Result, the Rule is discharged with costs. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 668.   ......r afresh or judge the matter as an appellate Court. Provisions of Order XLI of the Code referred to and relied upon cannot therefore be resorted to in the exercise of review. A mistake made by a party on perception of a fact or law is therefore no ground and would not entitle him to seek review..

Category: Civil Law | Date: 29 Aug, 2005 | Hits: 1

World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)

.... reasons assigned by the High Court Division in the impugned order, we do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ......ued on the 90th day after signing of the Licence Agreement provided that in case of any delay in frequency allocation or signing of the Interconnection Agreement for reasons attributable to the first party then the effective date may be shifted by mutual agreement According to the terms of the Agree..

Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331

Executive Engineer, Water Development Board & anr. Vs. Md. Moktaruddin, 2006, 35 CLC (AD)

....at extent.  13. In the background of the discussions made hereinabove we find merit in the appeals.  Accordingly, the appeals are allowed.  There is no order as to costs.  Ed. ......ople of particular area would be seriously prejudiced or would suffer immense loss and that loss likely to suffer in case of an order of injunction would outweigh the loss that may be suffered by the party seeking injunction if not granted, that there is prima facie title or genuine claim of the par..

Category: Property Law | Date: 2 Aug, 2005 | Hits: 84

Raqib Sheikh (Md.) Vs. State, 2005, 34 CLC (HCD)

....mortem, such evidence of the doctor as to the cause of death of the deceased had gone unchallenged. Moreover, such medical evidence as to cause of death does not suffer from any infirmity or inherent defect. Thus, it is well proved that abortion was the cause of death of the deceased. Now the questi......vement of the appellant in causing miscarriage has been well established. At his instance miscarriage was done. 30. But from the evidence of P.W.5 we find that the deceased wife was a consenting party. P.W.5 is a disinterested and independent witness. She said that the deceased told her that sh..

Category: Criminal Law | Date: 27 Jul, 2005 | Hits: 1

Md. Azizur Rahman Vs. Mosammat Nazmun Nahar, 2005, 34 CLC (HCD)

....t aside. The order of stay passed earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 246. ......hellip;…………………..........Petitioner Vs. Mosammat Nazmun Nahar………………………Opposite party Judgment July 26, 2005. Result: The Rule is discharged. The Evidence..

Category: Evidence Law | Date: 26 Jul, 2005 | Hits: 169

Masud Rana Vs. National Board of Revenue & others, 2005, 34 CLC (HCD)

....tted automatically and not to place the same before the Bench for the purpose of Admission. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 382.       ......ion of Act 15 of 2000 and the present provision of Section 196D, 196F and 196G runs as follows: "196D. Appeal to the High Court Divi­sion:- The commissioner of Cus­toms or the other party may, within ninety days of the date upon which he is served with notice of an order under Sect..

Category: Family Law, Women and Children | Date: 24 Jul, 2005 | Hits: 109

Shafiuddin Vs. Samir Bhuiyan and others, 2005, 34 CLC (HCD)

....he Rule is hereby recalled and vacated. Election petition is dismissed. Communicate at once. Ed.     This Case is also Reported in: 57 DLR (2005) 553.   ......istrict Judge at Narsingdi in Election Tribunal Case No.1 of 2003 and declared the election for the office of Chairman of the Madabdi Pourashava held on 12‑6‑03 illegal and void. 2. Opposite party No.1, Samir Bhuiyan as plaintiff on 21‑6‑03 made an election petition against said Shafiud..

Category: Civil Law, Election Law | Date: 13 Jul, 2005 | Hits: 7

Ashraful Alam (Md.) Vs. State, 2005, 34 CLC (HCD)

....petitioner Md. Ashraful Alain, ho is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 718.   ......rder of retrial can be passed only when the prosecution failed to produce some important documents or piece of evidence which were not available at the time of trial and which came to the hand of the party after trial, in the absence of which the party will be prejudiced. The spirit of the decision ..

Category: Family Law | Date: 4 Jul, 2005 | Hits: 2

Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)

....t Judge, 2nd Court, Rajshahi in Miscellaneous Appeal No.50/2004 is hereby set aside and that of the trial Court is af­firmed. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 5. ......vocates- For the Petitioner. A. F. Hassan Ariff, with M. A. Sobhan, Advocates- For the Opposite Party Nos.1-5. Civil Revision No.5 of 2005. Judgment Md. Abdul Aziz J.-Opposite party Nos.1-5 were called upon to show cause as to why the impugned judgment and order dated 14.7.0..

Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7

Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)

....ed Advocate for the petitioner further submits that, his client has duly paid the monthly amount of Taka 800 up to the months of March, 2005. Ed. This Case is also Reported in: 58 DLR (2006) 26........ Gobinda Chandra Tagore, Advocate—For the Opposite Party. Civil Revision No. 4785 of 2000 with Civil Revision No. 1058 of 2001. Judgment Bijan Kumar Das J.- By these Rules the opposite party was called upon to show cause as to why the impugned judgment and decree dated 12-6-2000 passe..

Category: Family Law | Date: 25 Jun, 2005 | Hits: 237

Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)

....set at liberty at once, if not required in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 513.   ......bring out desirable facts of a case modifying the examination-in-chief or establishing the cross‑examiner's own case. The object of cross-examination is two‑fold: to bring out the case of the party cross-examining and to impeach the credit of the witness. In examination-in-chief, the witness..

Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7

Hamida Begum Vs. Mosharef Hossein Sikder and others, 2005, 34 CLC (HCD)

....e disposed of within 3 months from the date of receipt of this order. 8. Send down the lower court records at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 94. ......aint being C.R. Case No.96 of 1991 against the accused opposite parties and others alleging inter alia that a Title Suit No.125 of 1990 is pending in between the petitioner and the accused opposite party No.1. The accused persons made an unlawful as­sembly with a bad intention to do harm to the..

Category: Criminal Law | Date: 15 Jun, 2005 | Hits: 2