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Shamsur Rahman Khalifa Vs. Jagodish Chandra and Others, 2007, 36 CLC (HCD)

.... 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. ......r Vs. Jagodish Chandra and Others.....................Defendants-Opposite Parties Judgment May 27, 2007. Result: The Rule is made absolute. Cases Referred to- Bangladesh Vs. Abdul Gani, 32 DLR (AD) 233; Sadananda Rana, 34 DLR (AD) 237; Abdul Khaleque Sarnamat......8) 873. ......Result: The Rule is made absolute. Cases Referred to- Bangladesh Vs. Abdul Gani, 32 DLR (AD) 233; Sadananda Rana, 34 DLR (AD) 237; Abdul Khaleque Sarnamat, 1 BLC (AD) 90; Zafar Ali Vs. Md. Momtaz Hasan, 49 DLR 319; Shahariar Rashid Khan Vs. Bangladesh, 5 BLT 38 = 2 BLC 106; 15 BLT (AD..

Category: Property Law | Date: 27 May, 2007 | Hits: 9

Faruk Ahmed and another Vs. Bangladesh, 2007, 36 CLC (HCD)

....beda Begum Vs. Public Service Commission reported in 59 DLR 182 =1997 BLD 64. We are also in respectful agreement with the aforesaid view. 14. In such view of the facts, we hold that the Government is under obligation to act fairly and reasonably, which were not done in the cases of pe...... High Court Division (Special Original Jurisdiction) Present: ABM Khairul Haque J SM Ziaul Karim J Faruk Ahmed and another……………….Petitioners Vs. Bangladesh represented by Secretary, Ministry of Home Affairs and another………..Respondents ......e Court High Court Division (Special Original Jurisdiction) Present: ABM Khairul Haque J SM Ziaul Karim J Faruk Ahmed and another……………….Petitioners Vs. Bangladesh represented by Secretary, Ministry of Home Affairs and another………..Respon......ya-Protein Project Ltd Vs. Ministry of Disaster Management and Relief, 2002 BLD 378 = 6 BLC 681; Dr. Abeda Begum Vs. Public Service Commission, 59 DLR 182 =1997 BLD 64. Lawyers Involved: Md. Raisuddin Ahmed, Advocate — For the Petitioners. Md. Jafar Imam, Assistant Attorney Gen..

Category: Others | Date: 16 May, 2007 | Hits: 4

Bangladesh Vs. Chairman, First Court of Settlement and another, 2007, 36 CLC (HCD)

...., First Court of Settlement and another............Respondents Judgment May 6, 2007. Result: The Rule is made absolute without any order as to cost. Cases Referred to- Government of Bangladesh, represented by the Secretary, Ministry of Works Vs. Md. Jalil, 48 DLR (AD......o Reported in: 61 DLR (HCD) (2009) 153. ......sion (Special Original Jurisdiction) Present: ABM Khairul Haque J SM Ziaul Karim J Bangladesh, represented by the Secretary, Ministry of Works………… Petitioner Vs. Chairman, First Court of Settlement and another............Respondents Judgment ...... May 6, 2007. Result: The Rule is made absolute without any order as to cost. Cases Referred to- Government of Bangladesh, represented by the Secretary, Ministry of Works Vs. Md. Jalil, 48 DLR (AD) 10; Rahima Begum Vs. Court of Settlement, 1997 BLD (AD) 118 = 2 BLC (AD) 108..

Category: Property Law | Date: 6 May, 2007 | Hits: 5

Mohan Meah Vs. Dhaka City Corporation Mayour, Dhaka, 2007, 36 CLC (HCD)

....al cases in the Civil Court as well as in the High Court Division for allotment of shops by the Dhaka City Corporation. 3. One case namely Writ Petition No.32 of 1987, filed by Hawkers' Plaza Government Market Baboshayee Samity of which the petitioner claims to be a member, was decreed in c......ourt should always have the liberty to condone procedural defects and irregularities occasioned by bonafide mistake or inadver­tence………………………..(8) Cases Referred to- Bangladesh Vs. Anwar Ahmed, 51 DLR (AD) 42; Moni Begum Vs. Rajdhani Unnayaii Kartripakha, 46 DLR (A......reme Court High Court Division (Special Original Jurisdiction) Present: Tariq ul Hakim J Afzal Hossain Ahmed J Mohan Meah……………..............Petitioner Vs. Dhaka City Corporation Mayour, Dhaka.....................Respondents Judgment A......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. ......a or pizza-related products. The plaintiff also alleged that it has got 385 registrations in different countries and has filed applications for registration in about 114 different countries including Bangladesh and their applications for registration are pending. The plaintiff made several other sta...... DLR (HCD) (2009) 780. ......ional District Judge rejected the prayer for rejection of the plaint. 7. Being aggrieved thereby, the defendants, as petitioners, moved this Court and obtained the present Rule. 8. Mr. Gazi Md. Neamat Hossain, the learned Advocate, appearing for the petitioners, has placed the impugned ord..

Category: Intellectual Property Law | Date: 26 Apr, 2007 | Hits: 91

Tabibullah and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....D) 235 = 45 DLR (AD) 120. Lawyers Involved: Md. Nurul Amin with AKM Shahidul Huq and Md. Aminul Ehsan, Advocates — For the Petitioners. Md. Abdullah, Assistant Attorney-General — For the Government opposite Party.       MD. Jabbar Advocate — for addit......  61 DLR (HCD) (2009) 46. ......:   61 DLR (HCD) (2009) 46. ......llah Munshi Vs. Lodu Mia Patwary, 38 DLR (AD) 308; Bashir Ahmed Vs. Ghulam Ali, 1991 SCMR 1656; Babor Ali Pramanik Vs. Mesar Ali Pramanik, 1994 BLD (AD) 235 = 45 DLR (AD) 120. Lawyers Involved: Md. Nurul Amin with AKM Shahidul Huq and Md. Aminul Ehsan, Advocates — For the Petitioners. Md...

Category: Procedural Law | Date: 4 Apr, 2007 | Hits: 32

Arab Bangladesh Bank Limited, Motijheel Branch, Dhaka Vs. The Artha Rin Adalat and others, 2007, 36 CLC (HCD)

....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.   ......eported in: 29 BLD (HCD) (2009) 284.   ......al Jurisdiction) Present: Mirza Husain Hider J Farah Maybug J Arab Bangladesh Bank Limited, Motijheel Branch, Dhaka ………………Petitioner Vs. Judge, Artha Rin Adalat No.3, Dhaka and others……………&hell......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

Most. Azmiri Begum and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....inal jurisdiction) Present: Mir Hashmat Ali J Md. Fazlur Rahman J Most. Azmiri Begum and others ………………………Petitioners (In both the writ petitions) Vs. Government of Bangladesh represented by the Secretary, Ministry of Land, Bangladesh Secretariat, P.......ion) Present: Mir Hashmat Ali J Md. Fazlur Rahman J Most. Azmiri Begum and others ………………………Petitioners (In both the writ petitions) Vs. Government of Bangladesh represented by the Secretary, Ministry of Land, Bangladesh Secretariat, P.S. Ramna, Dhak......cial Original jurisdiction) Present: Mir Hashmat Ali J Md. Fazlur Rahman J Most. Azmiri Begum and others ………………………Petitioners (In both the writ petitions) Vs. Government of Bangladesh represented by the Secretary, Ministry of Land, Bangladesh Secret...... Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 400. ..

Category: Property Law | Date: 7 Mar, 2007 | Hits: 10

Safazuddin and another Vs. State, 2007, 36 CLC (HCD)

....s called. He treated Runa Laila. There had been profuse bleeding. Runa Laila was admitted in Rabeya Clinic and she was under treatment there for seven (7) days and, thereafter, she was taken to Savar Government Hospital. Doctors of Government Hospital advised her to be shifted to Dhaka Medical Colle...... crime against basic Human Rights and is, also, violative of victim's must cherished Fundamental Right namely the Right to life engrafted in Article 32 of The Constitution of The People's Republic of Bangladesh. For the last few years, though, crime against women in general and rape in particular is......igh Court Division (Criminal Appellate Jurisdiction) Present: AK Badrul Huq J Shahidul Islam J Safazuddin and another……………………………Convict-Appellants Vs. The State…………………………......................State-Respondent Judgmen......61 = 1973 Cri LJ 179; Sheikh Zakir Vs. State of Bihar, AIR 1983 SC 911 = 1983 Cri LJ 1285; Muhammad Abdul Khaleque and others Vs. The State, 12 SC 165; Momtaz Ahmad Khan Vs. The State, 19 DLR SC 259; Md. Saidur Rahman Neoton and others Vs. The State, (1993) 13 BLD=AD 79; Md. Saidur Rahman Vs. The St..

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. ....../2001 allowing the Opposition Case and rejecting the Trade Mark Application No.52139 in Class-25 filed by the present appellant. 2. The appellant Sunil Kumar Das being the sole proprietor of the Bangladeshi Manufacturer and Merchant made an application on 31.07.1997 to the Registrar of Trade Ma......;……………………………………………………………Appellant Vs. Deputy Registrar of Trade Marks and another……………&hellip......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)

....nt filed a petition of complaint before the Nari-O-Shishu Nirjatan Daman Bishesh Adalat, Dhaka against 9 accused persons including these petitioners alleging, inter-alia, that the informant being a Government servant went to United States in 1994 for higher studies, who came to Bangladesh on lea......Adalat, Dhaka against 9 accused persons including these petitioners alleging, inter-alia, that the informant being a Government servant went to United States in 1994 for higher studies, who came to Bangladesh on leave in 1995 and married accused Fatema Khairunnesa on 01.09.1995 and took her with......rt High Court Division (Criminal) Present: Sharif Uddin Chaklader J Sheikh Abdul Awal J Md. Kamruzzaman Babul and others……………………Accused-Petitioners Vs. The State and another……………………Opposite parties Judgment November...... 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)

....no Court shall proceed with the trial. It is also not acceptable that the Court shall proceed with holding trial in such a case of grave nature by nominating an Advocate to act as a defence lawyer at Government ex­penses in the midst of examining the prose­cution witnesses as it was done in ......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. ......ue J The State………………………………………………………..State Vs. Md. Abdul Gofur………………………&hel......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. ......earned advocates appeared on behalf of the Investigating Officer, Md. Rezaul Karim. In Criminal Miscellaneous (Suo Motu Rule) No.3198 of 2005 Ms. Sigma Huda, learned advocate appears on behalf of the Bangladesh Society for the Enforcement of Human Rights (BSEHR) and submits that the Society, upon in......98. ......ment. 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

Mst. Kabita Khatun Vs. Md. Tarikul Islam (minor) and others, 2006, 35 CLC (HCD)

....1 was student of dull brain and as such he started his education late and studied in different institutions in different ways. The date of birth of the plaintiff No.1 was noted in the register of the Government Hazrahati Primary School as 10.07.1981 and in fact he was 24 years of age at the time of ......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. ...... (Civil Revisional Jurisdiction) Present: Md. Abdul Matin J ATM Fazle Kabir J Mst. Kabita Khatun………………………………………………………petitioner Vs. Md. Tarikul Islam (minor) and others…………………………opposite Party Jud......hall 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

R.K. Jute Mills Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)

.... Commer­cial Area, Motijheel, Dhaka……………………………………………Petitioner Vs. Government of Bangladesh and others…………………….......al Area, Motijheel, Dhaka……………………………………………Petitioner Vs. Government of Bangladesh and others…………………….Re­sponden...... Dilkusha Commer­cial Area, Motijheel, Dhaka……………………………………………Petitioner Vs. Government of Bangladesh and others…………………....... 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. ..

Category: Business or Commercial Law | Date: 3 Aug, 2006 | Hits: 5

Additional Deputy Commissioner (Reve­nue) and Assistant Custodian, Vested Property, Jamalpur Vs. Md. Ubbar Mondal and others, 2006, 35 CLC (HCD)

.... the case of the defendant No.3 (petitioner) is that as Mohini Mohan Chowdhury, the owner of the suit land migrated to India after partition of India, the suit land by operation of land vested to the Government as vested property. 9. The trial Court on consideration of the evidence found the sa......992 is hereby affirmed. Send down the lower Court's records at once with a copy of this judgment for in­formation. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 488. ......dian, Vested Property, Jamalpur………………………………………………….Petitioner Vs. Md. Ubbar Mondal and others……………….Opposite Partie......ted Property, Jamalpur………………………………………………….Petitioner Vs. Md. Ubbar Mondal and others……………….Opposite Parties Ju..

Category: Abandoned Properties Law | Date: 24 Jul, 2006 | Hits: 21

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. ......he ticket were attached to the ejahar. Subsequently the accused along with Motor Cycle and hundi money were taken to Battalion Head Quarter. On 15.9.2003 at 11.00 hours and on search Tk.5,50,600/- in Bangladesh currency was recovered. Subsequently mobile number given by the accused, accused Muklesur...... Court High Court Division (Criminal Jurisdiction) Present: Khademul Islam Chowdhury J Ashfaque Islam J Md. Durul Islam………………………………….Accused-Appellants Vs. The State……………………………………………. Respondent Judgment July......h. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 194. ..

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. ......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. ......hellip;…………………………………………………………..Appellant Vs. Sree Nagendar Nath Roy and others…………………&h......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. ..

Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15

Nirmalandu Nath Majumder Vs. State, 2006, 35 CLC (HCD)

....nd others for declaration of his raioti right in the land described in the schedule of the plaint (hereinafter referred to as the suit land) and also for declaration that ROR in the name of defendant Government is wrong. The plaintiff claims that the suit taluks along with its khas lands originally ......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. ......Nirmalandu Nath Majumder……………………………………………………Petitioner Vs. The State…………………………&h......asioning failure of justice……………………….(11) Case Referred to- Golzar Ali Pramanik Vs. Musammat Saburjan Bewa being dead he heirs Md. Yakub Ali Khan and other, 9 BLT (AD), 2001, P.67. Lawyers Involved: Naim Ahmed-For the..

Category: Procedural Law | Date: 2 Jul, 2006 | Hits: 3

M/S. Diplomat Garment (Pvt.) Ltd. Vs. The Commissioner of Customs, Customs House, Dhaka & ors., 2006, 35 CLC (HCD)

....nt of Tk.2,14,50,715.00 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 w......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. ......ment (Pvt.) Ltd……………………………………………………….Petitioner Vs. The Commissioner of Customs, Customs House, Dhaka & ors…………......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. ..

Category: Business or Commercial Law, Civil Law | Date: 25 May, 2006 | Hits: 5