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Md. Abdul Mannan and others Vs. Ministry of Education and others, 2011, 40 CLC (HCD)
....relief in accordance with law. With the aforesaid observation, the application is disposed of without any order as to cost. Ed. This Case is also Reported in: 20 BLT (HCD) (2012)565. ......D) (2012)565. ......iament belonging to the ruling party at the relevant time. It appears that the decision for appointment of the respondent No.3 as Principal was made by the Governing Body of the College, which is the proper authority, and since the petitioners have nothing to be afraid of at the present in view of t......relief in accordance with law. With the aforesaid observation, the application is disposed of without any order as to cost. Ed. This Case is also Reported in: 20 BLT (HCD) (2012)565. ..Category: Employment/Service Law | Date: 23 Jul, 2007 | Hits: 26
Md. Hanifa and another Vs. State, 2007, 36 CLC (HCD)
....302/34 of the Penal Code, now pending in the Court of Magistrate, 1st Class, Narsingdi. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 66. ......s Case is also Reported in: 13 MLR (HCD) (2008) 66. ......1(8)2006 under sections 302/34 of the Penal Code, now pending in the Court of Magistrate, 1st Class, Narsingdi and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The short facts of the case are that one Billal Miah on 30.08.06 at 20:15 hours lod......302/34 of the Penal Code, now pending in the Court of Magistrate, 1st Class, Narsingdi. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 66. ..Category: Criminal Law | Date: 17 Jul, 2007 | Hits: 3
....upon, as in the performance or
part- performance of an agreement, the locus
penitentia, which exists in a situation where the parties stand upon
nothing but an engagement which is not final or complete, is excluded. For
equity will support a transaction clothed imperfectly in those legal f......d Muhammad Dastagir Husain J
Muhammad Abdul Hafiz J
Birendra Kishore
Ghose @ Gopal Krishna Ghosh……………………………………Appellant
Vs.
Government of
Bangladesh and others………………………………………………….Respondents
Judgment
...... of his title and further declaration that
the plaintiff is maintaining his family independently, separated from his
father. The short facts relevant for disposal of this appeal is that the suit
property originally belonged to Rabindra Lal Ghosh the father of the plaintiff
and the land contain......the appeal.
Consequently the appeal is dismissed without any order to cost.
Send down the lower
court records at once.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 498.
..
Category: Property Law | Date: 7 Jun, 2007 | Hits: 6
Shaikh Md. Mahmud Hossain and others Vs. Md. Abdur Razzaque and others, 2007, 36 CLC (HCD)
....t Nos. 4,5,6 and 8 contested the suit by filing a joint written statements denying the material allegations made by the plaintiffs and contending inter alia that the gift made by Bastullah Shaikh was complete and the condition made in the deed being a clog on transfer was void, that the School was n...... Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 177. ...... with the government allotted fund on the aforesaid khas plot No.1354. While in khas possession of the suit lands donor Bastullah Shaikh who was childless executed a registered will in respect of his properties including, the suit lands in favour of the plaintiffs who after the death of Bastullah Sh......t Satkhira is hereby upheld and maintained. Let a copy of this judgment along with the lower Court's records be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 177. ..Category: Property Law | Date: 6 Jun, 2007 | Hits: 27
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. ......ip;….Respondent Judgment June 3, 2007. Result: The appeal is allowed. The Evidence Act, 1872 (Act No. 1 of 1872); section 101 Presumption of innocence and burden of proof The burden of proof lies on the party who substantially asserts the affirma...... Daman, Ain, 2000. 14. In the face of argument advanced by the learned Advocates of contending parties, we are now called upon to scrutinise the material evidence on record in order to come to a proper decision in this case. Before going to discuss the evidence on record we should again br...... 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. Yeasin Khan Palash, 2007, 36 CLC (HCD)
.... the Code of Criminal Procedure is rejected. Let a copy of the judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 469. ......iminal Jurisdiction) Present: Md. Ali Asgar Khan J Sheikh Abdul Awal J The State……………………………State Vs. Yeasin Khan Palash alias Kala Palash alias Kaila Palash and others………….Appellants Judgment June 3, 2007. Result: The Appeals are dismis...... Munsurul Hoque Chowdhury, the learned Advocate for Yeasin Khan Palash alias Kala Palash and also submits that the impugned judgment and order of conviction and sentence dated 08.07.2003 is unjust, improper and bad in law inasmuch as in this case there was no legal consistent evidence on record to w...... the Code of Criminal Procedure is rejected. Let a copy of the judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 469. ..Category: Criminal Law | Date: 3 Jun, 2007 | Hits: 20
State Vs. Monir Hossain & another persons, 2007, 36 CLC (HCD)
....he Penal Code or in Section 302/34 of the Penal Code. Moreover, he has also tried to impress upon us that the evidence so far it relates to accused-appellant Labu Mallik adduced by the prosecution is completely sentence for a period of imprisonment for life under section 302/109 of the Penal Code. H......3; State Vs. Ershad All Sikder, 8 MLR 133; Amir Hossain Howlader Vs. State, 1984 BLD (AD) 193; State Vs. Moslem, 55 DLR 117; State Vs. Sahidul Haque, 8 BLC 132; Rustum Vs. State, 11 BLC 467; Sarafat Mandal @ Mander Mondal Vs. State, 11 MLR 168 = 11 BLC 1; Mostain Mollah Vs. State, 44 DLR 295; Rajast......ocate goes to argue that the deceased Kabul Khan may be the victim of murderous assault in an open fight between two rival political parties; but unless the very overt acts of the accused-persons are properly identified in the commission of the offence with the help of credible evidence; the qu......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
Shamsur Rahman Khalifa Vs. Jagodish Chandra and Others, 2007, 36 CLC (HCD)
.... and the transferor acquires the right to possess and to enjoy the usufruct of such consideration, shall notwithstanding anything contained in the document relating to the transfer, be deemed to be a complete usufructuary mortgage for a period not exceeding seven years and the provision of section 9......ourt High Court Division (Civil Revisional Jurisdiction) Present: Shahidul Islam J Shamsur Rahman Khalifa......................Plaintiff-Petitioner Vs. Jagodish Chandra and Others.....................Defendants-Opposite Parties Judgment May 27, 2007. ...... at once. The defendants are restrained permanently from interfering with the peaceful possession of the plaintiff in the suit. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 873. ...... at once. The defendants are restrained permanently from interfering with the peaceful possession of the plaintiff in the suit. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 873. ..Category: Property Law | Date: 27 May, 2007 | Hits: 9
S. M. Rafiqul Islam Vs. Md. Monjurul Islam, 2007, 36 CLC (HCD)
....ellaneous Case No.50 of 1998 is hereby affirmed. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 353. ......ears - For the Opposite Party. Civil Revision No.2951 of 2002. Judgment Shahidul Islam J.- By this Rule the Opposite Party was called upon to show cause as to why the impugned Judgment and order dated 27.4.2000 passed by the learned Joint District Judge, 3rd Court, Rangpur in Miscella......by the learned Senior Assistant Judge, Sadar, Rangpur in Miscellaneous Case No.50 of 1998 should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule are that the petitioner claiming himself to ......ellaneous Case No.50 of 1998 is hereby affirmed. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 353. ..Category: Tenancy Law | Date: 3 May, 2007 | Hits: 149
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. .................Respondents Judgment April 29, 2007. Result: The Rule is disposed off. Nature of writ proceedings Writ proceedings are essentially civil proceedings and the substantive rules of the Civil Procedure Code will apply. Rules of procedure, however, shou......omise, Annexures D, E and F recorded in Writ Petition No.32 of 1987 and Writ Petition No.372 of 1989 respectively and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts relevant for the disposal of this Rule is, that in 1983 Dhaka City Corporatio......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)
....ous' and any other trademark confusingly similar or identical to the trade mark 'Domino's Pizza & Logo' of the plaintiff. (d) A decree directing the defendants to furnish the complete accounts of the profit made during the period of infringement and also to direct the defend....... This Case is also Reported in: 61 DLR (HCD) (2009) 780. ......urt, Dhaka in Title Suit No. 3 of 2000 rejecting the application for rejection of the plaint should not be set aside or such other or further order or orders passed, as to this Court may seem fit and proper.' 2. The opposite party as the plaintiff instituted Title Suit No. 3 of 2000 in the ...... 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. ..Category: Intellectual Property Law | Date: 26 Apr, 2007 | Hits: 91
Tabibullah and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... connected Record of Right and has been paying rent to Government regularly. II. Ms. Chameli Glass Works got interest on suit property and, as such, its presence Would be necessary for effecting a complete adjudication of the issue involved in Civil Revision Case and to secure the ends of justice...... cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 46. ......o. 1107 dated 3-10-1984 issued by Sub-Divisional Engineer, PWD Tejgaon Industrial Area, Tejgaon, Dhaka, First opposite party of Civil Revision Case directing plaintiff to hand over possession of suit property mentioned in schedule to the plaint, within seven days from the date of receipt of notice o......d Record of Right and has been paying rent to Government regularly. II. Ms. Chameli Glass Works got interest on suit property and, as such, its presence Would be necessary for effecting a complete adjudication of the issue involved in Civil Revision Case and to secure the ends of justice Ms. Cham..Category: Procedural Law | Date: 4 Apr, 2007 | Hits: 32
....রা ডিক্রীদারের প্রাপ্য পরিপূর্ণভাবে আদায় হইয়া থাকে৷” meaning that at least one auction sale process is completed, (under linings are made for giving emphasis).
So the aforesaid subsection categ......ain Hider J
Farah Maybug J
Arab Bangladesh Bank Limited, Motijheel Branch, Dhaka ………………Petitioner
Vs.
Judge, Artha Rin Adalat No.3, Dhaka and others……………………Respondents
(Writ Pet...... auction sale under the aforesaid provisions is barred.
The statute provides that the auction sale process is to be completed first under section 33(1),(2),(3) and in case of failure to sell the property under the said provisions right under section 33(7) can be exercised by the decree hol......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.
..
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. ......) (2007) 321, 13 BLC (HCD) (2008) 271. ......s places a duty on Courts/Tribunals to locate real offenders of sexual assault absolving innocent persons arraigned of charge of rape. Courts/Tribunals are, therefore, to address with such cases with proper approach, circumspection and utmost care disengaging ring of truth from falsehood ensuring sa......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. ..Category: Women and Children | Date: 28 Feb, 2007 | Hits: 75
Sunil Kumar Das Vs. Deputy Registrar of Trade Marks and another, 2007, 36 CLC (HCD)
.... 7. In view of the above there is no merit in this appeal and the appeal is dismissed with cost of Tk. 10,000 (ten thousand). Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 423. ......hellip;……………………………………………Appellant Vs. Deputy Registrar of Trade Marks and another……………………………R......favour of the respondent No.1 (Canon Kabushiki Kaisha) and the use of the same by others will give raise to confusion. The conduct of the appellant in using the Trade Mark of a foreign country is not proper. Against the said judgment of the High Court Division the appellant preferred Civil Petition ...... 7. In view of the above there is no merit in this appeal and the appeal is dismissed with cost of Tk. 10,000 (ten thousand). Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 423. ..Category: Intellectual Property Law | Date: 15 Feb, 2007 | Hits: 34
Md. Kamruzzaman Babul and others Vs. State and another, 2006, 35 CLC (HCD)
.... of 2001 under sections 6(1)/7/30 of Nari-O-Shishu Nirjatan Daman Ain, 2000 is quashed. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 68. ......ported in: 13 MLR (HCD) (2008) 68. ......an Ain, 2000 now pending in the Court of Nari-O-Shishu Nirjatan Daman Tribunal No.4, Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The prosecution case, in short, is that on 03.11.2001 at about 19:30 hours one Shei...... of 2001 under sections 6(1)/7/30 of Nari-O-Shishu Nirjatan Daman Ain, 2000 is quashed. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 68. ..Category: Women and Children | Date: 19 Nov, 2006 | Hits: 11
State Vs. Md. Abdul Gofur, 2006, 35 CLC (HCD)
....e, the learned Tribunal Judge started recording deposition of P.W.1 without engaging any Advocate to represent the case of the accused. When examination-in-chief of P.W.1 Anowar Hossain was completed and none was found available to cross-examine the P.W.1 on behalf of the defence side. The......llip;…………………………….Condemned-Prisoner Judgment October 19, 2006. Result: The Death reference is rejected and the Jail Appeal is allowed. Cases Referred to- Gourango Kumar Shaha Vs. State, 2 ...... 33. Mr. Khurshed Alam Khan, the learned advocate appearing on behalf of the condemned prisoner, submits that the trial of the case has been vitiated as the condemned prisoner did not get proper legal assistance of the State defence lawyer, who was engaged by the State at the last moment......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
M. H. Monzur Vs. Md. Nuruzzaman and others, 2006, 35 CLC (HCD)
....from the suit premises and it would be in the ends of justice to decide the matter once for all in the suit. The learned Counsel adds that plaint may be amended to include subsequent events for doing complete justice rather than driving the plaintiff-opposite party to institute a fresh suit on such ......esent: Siddiqur Rahman Miah J Syed Mohammad Ziaul Karim J M. H. Monzur………………………………………………………………………..Petitioner Vs. Md. Nuruzzaman and others……………………………………………….Opposite Parties Judgment Au......r Vs. Abdul Majid reported in 27 DLR-385 wherein it is held: "Specific Relief Act S.42 Not only a person entitled to any legal character but also any person entitled to any right as to any property can institute a suit for declaration. A person claiming possessory right, a bargadar, e......acts. It appears to us that proposed amendment will in no way change the nature and character of the suit or substitute any cause of action, rather such amendment is necessary for proper and complete adjudication of the suit which do not appear to be inconsistent, irrelevant, immaterial or contradic..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. ...... This Case is also Reported in: 15 BLT (HCD) (2007) 306. ......jecting the petitioners prayer for comparison of the disputed L.T.I.'s of Fuljan Bibi should not be set aside and or such other or further order or orders passed as to this Court may seem fit and proper. 2. Short facts leading to this Rule are that on 01-07-1991 Fuljan Bibi alias Gedi Bibi ......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. ...... Present: Md. Abdul Matin J ATM Fazle Kabir J Mst. Kabita Khatun………………………………………………………petitioner Vs. Md. Tarikul Islam (minor) and others…………………………opposite Party Judgment August 7, 2006. Resu......d perused the application and the impugned judgment and decree and the materials on record. The learned Advocate appearing for the petitioner submits that the judgment of the appellate Court is not a proper judgment of reversal inasmuch the finding of the trial court on different issues have not bee......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. ..Category: Women and Children | Date: 7 Aug, 2006 | Hits: 127
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