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Roni Ahmed Liton @ Liton Ahmed Roni Vs. State, 2007, 36 CLC (HCD)
.... in any other case. Send down the LCR along with copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 147,29 BLD (HCD) (2009) 386. ...... Even if the evidence produced is capable of creating doubt, he is entitled to benefit of doubt…………………………(18) It is the main principle of criminal law that an accused person must be presumed to be innocent unless and until it...... in any other case. Send down the LCR along with copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 147,29 BLD (HCD) (2009) 386. ..Category: Women and Children | Date: 3 Jun, 2007 | Hits: 14
State Vs. Monir Hossain & another persons, 2007, 36 CLC (HCD)
....ourt below, District Magistrate, Manikganj and Superintendent of Police, Manikganj at once for information and necessary action. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 455 ......ion of commutation of sentence of death to imprisonment for life does not also arise. The learned DAG has drawn our attention in the recital of the FIR Exhibit 1 in order to point out that one of the principle accused Asgar has been discharged out of the way by the trial court on the recommendation ......ourt below, District Magistrate, Manikganj and Superintendent of Police, Manikganj at once for information and necessary action. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 455 ..Category: Criminal Law | Date: 27 May, 2007 | Hits: 5
Mohan Meah Vs. Dhaka City Corporation Mayour, Dhaka, 2007, 36 CLC (HCD)
....on of the Corporation. With the above observation, this Rule is disposed off. There will be no order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 927. ......y the Power of Attorney. In the circumstances, this Court is satisfied that aggrieved Ramu Chakraborty has authorised the Attorney to file the instant Writ Petition as petitioner. It is a settled principle of law that the aggrieved person must file Writ Petition and execute Vokalatnama as well ......on of the Corporation. With the above observation, this Rule is disposed off. There will be no order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 927. ..Category: Civil Law | Date: 29 Apr, 2007 | Hits: 2
Dominous Pizza and others Vs. Domino's Pizza Inc., 2007, 36 CLC (HCD)
.... The office is directed to send a copy of this Court to the concerned Court positively within a period of 60 days from date. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 780. ......d by infringement of their trade mark, and thereby the suit is very such entertainable and there is no reason for rejection of the plaint. According to the plaintiff, it is an established and settled principle of law that an action for passing off is maintainable even without having registration of ......s; (a) A decree may kindly be passed in favour of the plaintiff and against the defendants declaring that the trade mark and business name 'Dominous Pizza', being used by the defendants, amounts to infringement of plaintiffs' trade mark 'Domino's Pizza' and that the defe..Category: Intellectual Property Law | Date: 26 Apr, 2007 | Hits: 91
Tabibullah and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....pposite parties is allowed. Petitioners are added as eighth-fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 46. ......pposite parties is allowed. Petitioners are added as eighth-fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 46. ......hat the petitioners of the petition as allotters of Government were allotted 0.75 acres of property from Industrial Plot No. 190 appertaining to Cadastral Survey Plot N.428 and they deposited a total amount of Taka 5,66,375 + 61,83,625 - 67,50,000.00 as lease money and Government executed and regist..Category: Procedural Law | Date: 4 Apr, 2007 | Hits: 32
....discharged and the Rule in Writ Petition No.5961 of 2004 is made absolute.
There will be no order as to costs.
Ed.
This Case is also Reported in: 29 BLD (HCD) (2009) 284.
......discharged and the Rule in Writ Petition No.5961 of 2004 is made absolute.
There will be no order as to costs.
Ed.
This Case is also Reported in: 29 BLD (HCD) (2009) 284.
...... that the petitioner bank instituted Title Suit No.32 of 1996 in the Artha Rin Adalat No.3, Dhaka against respondent Nos.2, 3, 4 and others as defendants for realisation of outstanding dues amounting to Tk. 16.69,449.23 as on 31.12.95 and other necessary reliefs. The suit was ultimately he..
Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6
Safazuddin and another Vs. State, 2007, 36 CLC (HCD)
....ond furnished by him stands discharged/cancelled. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 321, 13 BLC (HCD) (2008) 271. ......ise and that the legal custom of insisting on corroboration in every case or alternatively of stating the reason for waiving such corroboration is not applicable in our country." 20. On rape the principles deducible in Reg Vs. Henry (1968) 53 Cr. App R 150 (Per Lord Salmon) and Kellehar Vs. The....... 5. Rape had been defined in section 375 of The Penal Code. A stringent Legislation, Nari-O-Shishu Nirjatan Daman (Bishesh Bidhan) Ain (Shortly the Ain of 1995) had been enacted in 1995. The paramount object of The Ain was to punish deterrently the offenders in respect of women and children in..Category: Women and Children | Date: 28 Feb, 2007 | Hits: 75
Md. Afazuddin Vs. Md. Ataur Rahman & another, 2007, 36 CLC (AD)
.....50,000/- (fifty thousand) as further soletium in favour of the appellant within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: .......50,000/- (fifty thousand) as further soletium in favour of the appellant within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: ......credit of defendant No.1, Afazuddin a sum of Tk.1,50,000/- as soletium over and above Tk.1,15,000/- the balance consideration money within 3(three) months from the date of judgment and on receipt the amount both balance consideration money and soletium, the defendant No. 1 would execute and regist..Category: Contract Law | Date: 7 Feb, 2007 | Hits: 272
State Vs. Md. Abdul Gofur, 2006, 35 CLC (HCD)
....general Cell of other under trial prisoners. Send down the L.C.Rs. along with a copy of the judgment to the Court below at Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 665. ...... dowry. In this respect we hold the view that the demand of dowry is necessary to be proved in this case in addition to killing, for the purpose of awarding punishment under this Special Law, but the principle propounded in the wife killing case under section 302 of the Penal Code is not d......general Cell of other under trial prisoners. Send down the L.C.Rs. along with a copy of the judgment to the Court below at Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 665. ..Category: Criminal Law | Date: 19 Oct, 2006 | Hits: 6
State Vs. Shahid Javed Gaira @ Garib Miah and others, 2006, 35 CLC (HCD)
....mmissioner, Dhaka for taking necessary steps as directed in the body of this judgment. Send down the lower Court records at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 198. ......r submits that there is no overt act attributed to the appellant in causing the injuries to the deceased. He submits that in the absence of any overt act with regard to the killing of the victim, the principle of common intention cannot be applied in the case of this appellant. In this regard he ref......mmissioner, Dhaka for taking necessary steps as directed in the body of this judgment. Send down the lower Court records at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 198. ..Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31
M. H. Monzur Vs. Md. Nuruzzaman and others, 2006, 35 CLC (HCD)
....n namely "Satapdi Bhaban"; that the defendant No.2 was entrusted to look after the work; that defendant No.1 repeatedly assured that one plot will be allotted to him; that defendant No.1 in different installments received a sum of Taka 2,00,000/- from the plaintiff, against the suit premises; that d......to file the suit and as such the suit itself is not maintainable in the present form. She adds that similar type of application was rejected on 24-05-1999 and as such second application is hit by the principles of resjudicata. The learned counsel further submits that the allegation for dispossession......ithin 6(six) months from the date of receipt of this order. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 220. ..Category: Procedural Law | Date: 21 Aug, 2006 | Hits: 42
Md. Chand Miah and others Vs. Md. Ibrahim and others, 2006, 35 CLC (HCD)
....tands vacated. 24. Communicated the order at once with a copy of the Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 306. ......d should not slake its Judgment on the opinion formed or view taken upon resorting to risky or in other words unsatisfactory and dangerous procedure." 19. Having regard to the facts and the principle enunciated in the above cases we hold that the plaintiff petitioners should be given chanc......tands vacated. 24. Communicated the order at once with a copy of the Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 306. ..Category: Evidence Law | Date: 8 Aug, 2006 | Hits: 25
Mst. Kabita Khatun Vs. Md. Tarikul Islam (minor) and others, 2006, 35 CLC (HCD)
....mpugned judgment and decree are set aside and this those of the trial Court are confirmed there shall be no order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 225. ......mpugned judgment and decree are set aside and this those of the trial Court are confirmed there shall be no order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 225. ...... father of the plaintiff No.1, P.Ws. 2 and 3 Solaiman Biswas and Sunil Kumar Das deposed that exhibit-1 was created by force taking the signature of plaintiff No.1 who is in a minor showing unnatural amount of dower money inconsistent with status of defendant No.1. 8. D.W.1 Mst. Kabita Khatun, ..Category: Women and Children | Date: 7 Aug, 2006 | Hits: 127
R.K. Jute Mills Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
..... The Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 579. ....... The Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 579. ......accidental fire and the damage caused by it to the finished goods. Since the goods were covered by insurance policy, the petitioner company lodged two separates insurance claims totaling an amount of Tk. 1,67,09,937.00 with the Sadaran Bima Corporation. The loss, caused by the aforesaid fi..Category: Business or Commercial Law | Date: 3 Aug, 2006 | Hits: 5
Md. Durul Islam Vs. State, 2006, 35 CLC (HCD)
....ed and handed over to the accused appellant Nos.1-3 from whom they were seized as per seizure list in accordance with law forth with. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 194. ......ed and handed over to the accused appellant Nos.1-3 from whom they were seized as per seizure list in accordance with law forth with. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 194. ......lleged that a ticket with number and signature used for hundi business was recovered from him. On presentation of ticket the holder of this ticket in India he will be paid in Indian Rupee of the like amount. The number of taka and copy of the ticket were attached to the ejahar. Subsequently the accu..Category: Criminal Law | Date: 20 Jul, 2006 | Hits: 21
Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)
....missing the same is set aside and the Misc. case No.58 of 1972 is allowed. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 540. ......ature of a right of property; her position is that of owner, her powers in that character are, however limited but...so long as she is alive no one has any vested interest in the succession. The principles relating to the nature of a widow's estate were reiterated by the Supreme Court in th...... limited heir has no power to alienate the estate inherited by her from the deceased owner except for the following purposes, namely: (i) Religious or charitable purpose, (ii) Other purpose amounting to legal necessity, For the purpose of the first class she has a larger power of..Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15
Nirmalandu Nath Majumder Vs. State, 2006, 35 CLC (HCD)
....ass Appeal No.256 of 1984 is hereby affirmed. Send down the lower court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 493. ...... been held that.....there may be thousands of defects in the documents of the defense as well as their case but that does not entitle the plaintiff to get a decree. 11. It is an established principle of law that the appellate court is the final court of facts and the decision on question o......ass Appeal No.256 of 1984 is hereby affirmed. Send down the lower court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 493. ..Category: Procedural Law | Date: 2 Jul, 2006 | Hits: 3
Syed Jasimuddin and others Vs. Moulana Abu Musa Siddique & others, 2006, 35 CLC (HCD)
....d in the body of this judgment. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 518. ......reported in 48 DLR (AD) 130 referred to by Mr. MA Jalil may be gone into. It transpires that the facts and circumstances of that case are quite distinguishable from those of the instant case. So, the principle that has been enunciated in that decision that the landlords had in their hands unadjusted......he trial Court are not according to law and that being so, it calls for interference from this Revisional Court. 9. Mr. MA Jalil further submits that since the repair cost of the suit shop house amounting to Taka 10,000 is being adjusted against the monthly rental of Taka 60, the petitioners ca..Category: Civil Law | Date: 2 Jul, 2006 | Hits: 4
....Bond/96/17407, evidenced by Annexure-E to the Writ Petition, is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 471.
......Bond/96/17407, evidenced by Annexure-E to the Writ Petition, is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 471.
......0 on the ground that the Corresponding exports were not made against the aforesaid goods imported and those imported goods were sold in the local market and thereby deprived the Government of the tax amount and that being aggrieved there against the petitioner moved with writ petition No.4500 o..
Category: Business or Commercial Law, Civil Law | Date: 25 May, 2006 | Hits: 5
Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....te a copy of the judgment and order at once to the concerned authority for information and necessary action in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ......947 and Criminal Law Amendment Act, 1958 and the Penal Code, the provisions of Article 20(2) of the Constitution of the People's Republic of Bangladesh has to be considered which provides for general principle of prohibition of unearned income. 23. We have perused the writ petition and supplement...... J.- This Rule was issued calling upon the respondent Nos. 1 and 3 to show cause as to why they should not be directed to perform their statutory duties and functions for realising the remaining fine amount of Taka 2,74,35,000 from the respondent No.4 and why the respondent No.4 should not be direct..Category: Criminal Law | Date: 25 May, 2006 | Hits: 43
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