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Bangladesh Vs. Chairman, First Court of Settlement and another, 2007, 36 CLC (HCD)
....No 1 Syed Haider Ali, Advocate — For Respondent. 2 Writ Petition No. 3942 of 2001 Judgment SM Ziaul Karim J. - By this Rule Nisi, the petitioner has challenged the legality and propriety of the judgment and order dated 29-5-1997 (Annexure-A), passed by the First ......t. The order of stay granted earlier by this Court stands vacated. Send down the record to the concerned Court. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 153. ..Category: Property Law | Date: 6 May, 2007 | Hits: 5
Mohan Meah Vs. Dhaka City Corporation Mayour, Dhaka, 2007, 36 CLC (HCD)
....titioner Mohan Meah. According to him, it has been signed by his Attorney and in such situation prior leave of this Court should have been obtained and not having done so, there has been a gross illegality for which the instant Rule is liable to be discharged. In this connection, he has drawn ......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)
....it must be held that the suit is prohibited under law. Even if the case does not come within the letter of Order VII, rule II of the Code of Civil Procedure, there is no doubt that it is barred under legal provisions. The Court below should therefore have rejected the plaint in limine. If Order VII,...... 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)
....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 of authorities is illegal, inoperative, maladies, void, without jurisdiction and, also, for permanent injunction restrai......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. ..Category: Procedural Law | Date: 4 Apr, 2007 | Hits: 32
....hy;tion 33(7) of the Act as well as for setting aside the order No.63 dated 28.09.2003 (Annexure-F) passed by the said Court should not be declared to have been made without lawful authority an of no legal effect....”.
3. Facts required for the disposal of the Rule, in short, are that the......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.
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Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6
Most. Azmiri Begum and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....ring of Settlement Appeal Case No.1480 of 1999 again on 22.04.2002 as contained in Annexure-'D' (wrongly typed as H) should not be declared to have been issued without lawful authority and is of no legal effect and as to why direction should not be given upon the respondent Nos.2-4 to recind/with......y of Land and Respondent No.2 Director General, Land Record and survey Tejgaon, Dhaka for information and necessary action. 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)
....corroboration he should give reasons for dispensing with the necessity for such corroboration. But if a conviction is based on the evidence of a prosecutrix without any corroboration it will not be illegal on that sole ground. In the case of a grown-up and married woman it is always safe to insist o......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)
....ass-25 and that the respondent, company have no trade relationship as regards the mark Cannon to be used for hosiery goods manufactured by the appellant in Bangladesh and in view of that there was no legal bar in giving registration to the appellant of the mark Cannon for hosiery goods. 6. Mr. ...... 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
Ful Miah & others Vs. State, 2007, 36 CLC (HCD)
.... recovered from the possession of the accused persons other than Ful Miah and in that view of the matter, the conviction of ail the accused persons under sections 19A and 19(f) of the Arms Act is not legal. 10. The learned Deputy Attorney General, on the other hand, submits that since the arms an......odification of sentence. The connected Rule is also discharged with the modification as above. Send down the lower Court records. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 322. ..Category: Criminal Law | Date: 25 Jan, 2007 | Hits: 26
Hafizuddin and another Vs. Moherjan & Others, 2007, 36 CLC (HCD)
....n Partition Suit No.146 of 1962 and the Final decree dated 15.5.1979, passed in the suit renumbered as Partition Suit No.217 of 1967, in the Court of Munsif, Thakurgaon at Dinajpur, was void arid illegal and not binding upon him. 3. During pendency of the suit, it was transferred to the Cou......nj, is directed to dispose of the other class suit as expeditiously as possible after notifying all the concerned parties. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 88. ..Category: Procedural Law | Date: 16 Jan, 2007 | Hits: 3
Md. Kamruzzaman Babul and others Vs. State and another, 2006, 35 CLC (HCD)
....f the Tribunal without proper application of his judicial mind to the facts and circumstances and the materials on record and without weighting the same in its true and correct perspective, most illegally ignoring consecutive final reports took cognizance against the accused petitioners which is...... 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)
....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. With ......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)
....egum-For the Petitioner. Abdul Quyum, Senior Advocate-For the Opposite Party No.1. Civil Revision No.1729 of 2000. Judgment Syed Mohammad Ziaul Karim J.- This Rule, calls in question, the legality and propriety of the order dated 25-10-1999 passed by the learned Subordinate Judge and Jud......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)
....nsel for the added opposite parties Nos.6-14. 21. Having considered the facts and circumstances of the case and foregoing narrative we lead to the conclusion that the impugned order suffers from legal infirmity which calls for interference by this Court. Thus the Rule having merit succeeds. ......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. ......nd 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, defendant No.1 who deposed that marriage..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)
....k. 40,77,953.00 as excise and Regulatory duty (Annexure-E) and the order dated 21.11.91 passed in revision (Annexure-H) shall not be declared to have been passed without lawful authority and is of no legal effect or such other or further order or orders as to this Court may seem fit and proper. ....... 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
Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)
.... Khas Moktarnama executed and registered by petitioner appellant on 23.09.1982. As per that khas Moktarnama, this petitioner has conferred Shishubala Roy all powers including powers of conducting all legal proceedings regarding the property contained in the will. As such the petition for revocation ......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)
....d-For the Petitioner. Golam Mostafa, Assistant Attorney-General-For the Opposite Party. Civil Revision No.3521 of 2003. Judgment Zinat Ara J.-This Civil Revision is about the legality and propriety of the judgment and decree dated 24.5.2003 passed by the Additional Dist......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
.... order as to costs. The show cause notice dated 29.8.2005 being Nathi No. 5(13)87/Cus-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.
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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)
....Criminal Law Amendment Act 1958 and Penal Code, it is to be considered that Article 20 of the Constitution, provides for the general principle of prohibition on unearned income to the effect that a legal process or proceedings must not end in permitting a convict to retain unearned income accumu......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. ..Category: Criminal Law | Date: 25 May, 2006 | Hits: 43
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