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Emarat Ali Vs. State, 2005, 34 CLC (HCD)
....iety of the findings of the appellate Court. If it is found that any injustice has been done, this court may set aside the findings of the appellate Court. The duty of this court is to correct patent defect or error of the appellate Court. This object of revisional legislation is to confer upon supe......xercised and the court should take a liberal view in considering the sufficient cause shown by the applicant. When the court is satisfied that a circumstance or a set of circumstances shown by a party, justified the act or omission of such party for not preferring appeal within prescribed perio..Category: Criminal Law, Limitation Law | Date: 14 Jun, 2005 | Hits: 1
Khaled Ahmed Chowdhury Vs. State, 2005, 34 CLC (HCD)
....ind no merit in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 57 DLR (2005) 694. ......actment lies in preventing the hazards which could be created in the face of claims raised after lapse of long time. The law of limitation puts an end to state claims once and for all. It debars that party from claiming rights after expiry of the period of limitation and can well be used in defence,..Category: Limitation Law | Date: 13 Jun, 2005 | Hits: 2
Mahmuda Begum and others Vs. Chairman, First Court of Settlement and others, 2005, 34 CLC (HCD)
....dent No.2 is directed to exclude the said case property from the aforesaid 'Ka' List of abandoned buildings within 60 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 247. ...... only if it can be shown that the Court has acted without jurisdiction or made any finding upon no evidence or without considering any material evidence or fact causing prejudice to the complaining party, or it has acted malafide or in violation of the principle of natural justice. In such view of..Category: Property Law | Date: 25 May, 2005 | Hits: 33
New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)
....de Mark No.66879 in Class-29 be sent to the Respondent No.2 Registrar, Department of Patents, Designs and Trade Marks forthwith. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ......ications for registration of Trade Mark Nos.C-2130 an C-2379 to the contrary as to the use of the same in Bangladesh since 1983 is false. It is further contended that the Opposite Party No.1 is not a party to the Agency Agreements and that Sanowara Corporation and Nurul Islam are different persons a..Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187
Sheikh Abdul Quddus Vs. Akram Sheikh @ Akram and others, 2005, 34 CLC (HCD)
....ate of receipt of this order to serve out their remaining portion of sentence imposed upon them. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (HCD)(2005) 650. ......ectively. 2. The short facts relevant for the disposal of this revision are that on 4‑3‑1993 the petitioner lodged a first information report with Kushtia Police Station against the opposite party No.1 Akram Sheikh @ Akram and opposite party No.2 Sheikh Mosharraf Hossain @ Mosha Sheikh and ..Category: Evidence Law | Date: 16 May, 2005 | Hits: 4
State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)
.... the accused-respondents in the case are hereby set aside and the accused respondents are directed to appear before the trial Court to face the trial in accordance with law. Ed. ......e the facts are so preposterous that even on the admitted facts no case can stand against the accused and that a further prolongation of the prosecution would amount to harassment to an innocent party and abuse of the process of the Court. Besides, some categories of cases may also be indicated..Category: Criminal Law | Date: 16 May, 2005 | Hits: 105
Sec. Min. of Works and Urban Dev., Govt. of BD & ors Vs. Rowshan Ara Begum & anr, 2005, 34 CLC (AD)
....background of the discussions made hereinabove we find merit in the appeal. 18. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......102 only if it could be shown that the tribunal had acted without jurisdiction or made any finding upon no evidence or not considering any material evidence/facts causing prejudice to the complaining party or that it had acted malafide or in violation of any principle of natural justice. In the abse..Category: Property Law | Date: 15 May, 2005 | Hits: 120
Afzalul Haque (Md.) and others Vs. Md. Abdur Razzaque, 2005, 34 CLC (HCD)
....landlord petitioners. Send down the lower Court's record with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 185. ......Petitioners. No one appears - For the Opposite Party. Civil Revision No.2643 of 2001. Judgment Salma Masud Chowdhury J.- This Rule was issued calling upon the opposite party to show cause as to why the Judgment and decree dated 27-3-2001 passed in SCC Suit No.10 of 19..Category: Tenancy Law | Date: 4 May, 2005 | Hits: 25
Anowar Hossain (Md.) and another Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....ejected without any order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 512. ......ecided on the issue whether the construction has been as per approved plan and that in writ petitions, it is the discretion of the writ petitioner as to who will be the parties therein, and the third party cannot be allowed to be added as party in the writ petition against the will of the petitioner..Category: Civil Law | Date: 25 Apr, 2005 | Hits: 4
Montu and others Vs. State, 2005, 34 CLC (HCD)
....n dated 23‑5‑2004 passed by the learned Magistrate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504. ...... applies illegal force to any person, statutory body or any organisation for getting subscription, help or any money and materials or wilfully damages and destroys moveable and immoveable property of party or jointly show any sign of fear or terrify and create terror or panic with some ulterior moti..Category: Criminal Law | Date: 20 Apr, 2005 | Hits: 1
Asadul Hossain (Md.) Vs. State, 2005, 34 DLR (HCD)
....shall be counted from their date of arrest. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 615. ......pellants as aforesaid. 6. Let us now discuss the evidence on record in minute details. 7. P.W.1 Md. Mosharaf Hossain who is the informant has stated in his deposition that the police patrol party including himself on the basis of information that some terrorist have taken shelter in the ho..Category: Arms Law, Criminal Law | Date: 11 Apr, 2005 | Hits: 9
Ismail Hussain Posshari & anr Vs. District Land Acquisition Officer, Bogra & ors., 2006, 35 CLC (AD)
....eing barred by limitation. In view of the opinion expressed hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ...... application for revision of award, at least within 45 days from the date of actual knowledge of award, that is from the date when knowing about the award made by the Deputy Commissioner the opposite party Nos. 1 and 2 filed application for getting awarded money', that in the background of the afore..Category: Property Law | Date: 28 Mar, 2005 | Hits: 64
Bangladesh rep. by Sec., Ministry of Works Vs. Mojibur Rahman and others, 2005, 34 CLC (AD)
....ecord appearing for the Government-petitioner, submits that the High Court Division failed to reverse the trial Court's definite finding that the suit was not maintainable in law, that it was bad for defect of parties and that the suit has been undervalued and proper Court fees have not been paid th......intiff has not filed the suit within 3 years and hence the claim is time barred. It was also held that Syed Mahabubur Rahman, according to the plaintiff, is present in Bangladesh but he is not made a party to the suit, that the suit property was contracted to be sold for Tk. 75,000 in 1969 and the s..Category: Property Law | Date: 27 Mar, 2005 | Hits: 101
....e its own vindication"
61. Mr. Rokanuddin Mahmud, the learned Advocate referred to the story of Hans Christian Andersen "The Emperor's New Suit" and posed a question as to why defect in the system of appointment of judge's should be ignored and those who criticize it shou......he office; its dignity; its just weight; its hold upon the general confidence.
68. While it may be true that the selection of candidates for judges is generally left to the legal members of the (party) conventions, it is equally true that these legal members are not usually such a class of lawy..
Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7
Abdul Latif Hawlader Vs. Sultan Miah and others, 2005, 34 CLC (HCD)
....r Assistant Judge (in charge), Gopalganj Sadar, Gopalganj in Title Suit No.120 of 1997 are hereby set aside. Ed. This Case is also Reported in: 57 DLR (2005) 574. ......l Court have resulted in an error in the decision occasioning failure of justice and the same are not sustainable in law. 7. Mr. Md. Aminul Islam, the learned Advocate appearing for the opposite party No.1, submits that the impugned judgment and decrees passed by the appellate Court below and t..Category: Tenancy Law | Date: 15 Mar, 2005 | Hits: 3
Ayub Ali Vs.State, 2005, 34 CLC (HCD)
....le is vacated. The prayer for stay operation of our judgment and order for 15 (fifteen) days is refused. Ed. This Case is also Reported in: 57 DLR (2005) 230. ......site Party-State. Criminal Revision No.93 of 2005 Judgment Khademul Islam Chowdhury J.-This Rule at the instance of the accused petitioner Ayub Ali was issued calling upon the opposite-party to show cause as to why the impugned order dated 1‑1‑2005 passed by Druta Bichar Tribunal ..Category: Criminal Law | Date: 12 Mar, 2005 | Hits: 3
Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)
..... 21. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to cost. Ed. ......ar to the latter case then too the facts and circumstances of the case in hand are to be placed in the scale of justice and equity and then if the scale of justice and equity tilts in favour of the party seeking the relief then the decision of the previous case may be taken as additional fa..Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308
.... both the
aforesaid rules. Both the rules are therefore discharged without any order as
to costs.
Send down the L.C.R.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 75.
......n
Civil Revision No.3992 of 1999).
Civil Revision No.2974 of 1999 with Civil Revision No.3992
of 1999.
Judgment
Bijan Kumar Das J.- These rules were issued calling upon the opposite party
Nos.1-12 to show cause as to why the impugned judgment and decree dated
30-5-1999 passed by ..
Category: Property Law | Date: 23 Feb, 2005 | Hits: 5
M/s. Shanker Kumar Das Vs. Government of Bangladesh and 6 others, 2005, 34 CLC (HCD)
....e date of receipt of the copy of this judgment. 17. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 185. ......9.2002 (Annexure-F-1) because all the members of the Parliament in those constituencies are from the opposition whereas the members of Parliament of the areas of sub-project Nos.1 to 8 are all from 4-party alliance, as such, the resolution No.2.4.9 dated 30.9.2002 adopted in the A.D.P. 2002-2003 pre..Category: Civil Law | Date: 23 Feb, 2005 | Hits: 31
.... and we find no cogent reason to interfere with the same.
Accordingly, the appeal is dismissed.
No order as to costs.
Ed.
This Case is also Reported in: V ADC (2008) 271.
......xts, this definition is sufficient and exhaustive, equally so whether the company is large or small. The "just and equitable' provision does not, as the respondents [the company] suggest, entitle one party to disregard the obligation he assumes by entering a company, nor the court to dispense him fr..
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
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