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....an
Khan, Deputy Attorney-General-For the Respondents.
First Appeal No.502 of 1991.
Judgment
Syed Muhammad Dastagir Husain J.- This appeal is
directed against the judgment and decree dated 28.9.1983 passed by the Subordinate
Judge, Sirajganj in O.C. Suit No.94 of 1981 dismissing th....... 123 of the Transfer of
Property Act."
In this case the
doner has executed the deed of gift and that is not registered who has Representative
and that can be registered according to the decision as stated above. The gift
would be qualified and it can be admitted and registered which w..
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)
....For the petitioner. M.A Aziz Khan with Sheikh Habib-ul-Alam, Advocate - For the opposite party. Civil Revision No.5439 of 2002. Judgment AFM Ali Asgar J.- By this rule judgment and decree dated 23.6.2002 passed in Title Appeal No.2 of 1990 by the learned Additional District Judge, First ......he instant case the vendee not being a Muslim there is no scope for application of the principles of Mohammedan Law and as such the Appellate Judge committed error of law resulting in an error in the decision occasioning failure of justice. 10. Mr. Hasan Foez Siddique who submits in this connecti..Category: Property Law | Date: 6 Jun, 2007 | Hits: 27
Roni Ahmed Liton @ Liton Ahmed Roni Vs. State, 2007, 36 CLC (HCD)
.... Rahman Miah J. - This Criminal appeal under section 28 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 at the instance of Roni Ahmed Liton @ Liton Ahmed Roni is directed against the judgment and order dated 20-12-2004 passed by the learned Judge, Druta Bichar Tribunal, Sylhet in Druta Bichar (Nari-o-...... 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 bring bef..Category: Women and Children | Date: 3 Jun, 2007 | Hits: 14
Al-Haj Abdul Maleque Gazi Vs. Government of Bangladesh, 2007, 36 CLC (HCD)
....e case, we do not find any substance in the instant Rule. The Rule is therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 184. ......alue under the Evidence Act. 6. He further pointed out that the Photostat of the documents which has been annexed as annexure-"C" series are created documents by the petitioner and the decision can not be taken on the basis of such documents. He further submits that there are disputed..Category: Evidence Law | Date: 3 Jun, 2007 | Hits: 10
State Vs. Yeasin Khan Palash, 2007, 36 CLC (HCD)
....h alias Kala Palash alias Kailla Palash, 2) Sujan alias Iqbal Hossain Sujan, 3) Abdul Mannan alias Milon, 4) Lalin (absconding), 5) Mithu in terms of the judgment and order of conviction and sentence dated 08.07.2003 passed in Druta Bichar Tribunal Case No.6 of 2003 for commission of the offence und......e by the Druta Bichar Tribunal and therefore, the Death Deference should be accepted. 26. Mr. Mohammad Abdul Baset, the learned Deputy Attorney General in support of his submissions relying on the decisions reported in 43 DLR (AD) 44, 43 DLR 87, 51 DLR 154, 43 DLR (AD) 95, 44 DLR 217, 45 DLR 688,..Category: Criminal Law | Date: 3 Jun, 2007 | Hits: 20
State Vs. Monir Hossain & another persons, 2007, 36 CLC (HCD)
....way and could not be apprehended. 6. Thereafter, P.W. 1, Motaleb rushed to the Manikganj Sadar Police Station to lodge the FIR, Exhibit 1, where this case was recorded as Manikganj PS Case No.11 dated 20-7-1999 punishable under section 148/149/302/114 of the Penal Code and the same was han......ged to have committed or contributed much in the commission of the offence of murder; narrated above. 18. Moreover, wrapping up the case of the prosecution the learned DAG has also referred decisions given in a case of Khalil Miah Vs. State, reported in 4 BLC (AD) 223 in order to support t..Category: Criminal Law | Date: 27 May, 2007 | Hits: 5
Shamsur Rahman Khalifa Vs. Jagodish Chandra and Others, 2007, 36 CLC (HCD)
....r. Sadananda Rana, Advocate - For the Opposite Parties. Civil Revisional No.672 of 2003. Judgment Shahidul Islam J.- This Rule is directed against the impugned judgment and decree dated 26-10-2002 passed by the learned Joint District Judge 1st Court, No.2 Bagerhat in Title Appeal......gh the entire case law and failing to consider the contents of agreement (Exhibit "Gha") and upon misconception of the doctrine of "transaction past and closed" had arrived at his decision. The decision of both the Courts below being not lawful, those are reversed and are set asi..Category: Property Law | Date: 27 May, 2007 | Hits: 9
Faruk Ahmed and another Vs. Bangladesh, 2007, 36 CLC (HCD)
.... be directed to comply with the opinion of the Public Service Commission (PSC) conveyed through memo. No. বাসককস/ ইউনিট-৪/জ্যৈষ্টতা-৩/২০০৬/৮৫ dated 17-5-2006, (Annexure-E) addressed to respondent No. 1 and why they shall not be restrained, b......ngladesh Textile Mills Corporation Vs. Nasir Ahmed Chowdhury reported in 2002 BLD (AD) 199 = 7 MLR (AD) 265 = 7 BLC (AD) 144 wherein it is held: "For a legitimate expectation to arise, the decisions of the administrative authority must affect the person by depriving him of some benefit o..Category: Others | Date: 16 May, 2007 | Hits: 4
S. M. Rafiqul Islam Vs. Md. Monjurul Islam, 2007, 36 CLC (HCD)
.... 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 Miscellaneous Case......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
Dominous Pizza and others Vs. Domino's Pizza Inc., 2007, 36 CLC (HCD)
....pposite Party. Civil Revision No.4128 of 2004. Judgment Bijan Kumar Das J. -This Rule was issued calling upon the opposite party to show cause as to why the impugned judgment and order dated 5-5-2005 passed by the learned Additional District Judge, 7th Court, Dhaka in Title Suit No. 3......he mark whether with or without any indication of the identity of that person, as defined in section 20(1) of the Trade Marks Act. In support of his submission, the learned Advocate has relied on the decisions in the cases of Ram Krishna Bhakat Vs. Firm Haji Janabally and Abdul Jalil reported in AIR..Category: Intellectual Property Law | Date: 26 Apr, 2007 | Hits: 91
Tabibullah and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....Government of The People's Republic of Bangladesh represented by Secretary, Ministry of Works and Urban Development and others as defendants for declaration that the notice contained in Memo No. 1107 dated 3-10-1984 issued by Sub-Divisional Engineer, PWD Tejgaon Industrial Area, Tejgaon, Dhaka, Firs......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
....ial institution incorporated under the laws of the land, calling upon the respondent No.1 i.e. the Judge, Artha Rin Adalat No.3, Dhaka "to show cause as to why the impugned order No.69 dated 28.10.2003 (Annexure-G) passed by the Artha Rin Adalat No.3, Dhaka, respondent No.1 in Money E......ithout jurisdiction acceptance and confirmation of the same is nullity rather the subsequent order challenged in Writ Petition No.5961 of 2004 is lawful and valid. In this respect he referred several decisions including those in the case of Dr. M.O. Ghani Vs. Dr. A.N.M. Mahmood reported in 18 D..
Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6
Most. Azmiri Begum and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....n both the writ petitions). Writ Petition Nos.2175 of 2002 and 529 of 2003. Judgment Mir Hashmat Ali J.- The petitioner of these two writ petitions challenged the Judgment and order dated 20.01.2002 Annexure-C and notice dated 15.4.2002, Annexure-D to the Writ Petition No.2175 of......te appearing for the petitioner submits that in the settlement ease there is no provision for repeated appeal under Rule 31 of Tenancy Rules. He further submits that appeal does not lie against the decision of Revenue Officer passed under Rule 31 of the Tenancy Rules 1955 (appellate order). If a..Category: Property Law | Date: 7 Mar, 2007 | Hits: 10
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. ...... and appreciated, by him or by them. There is no rule of practice that there must, in every case, be corroboration before a conviction can be allowed to stand. In the said case the well known English decision The King Vs. Baskerville (1916) 2 KB 653 was considered. 12. In Sidheswar Ganguly Vs. ..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)
....am-For the Respondent No.2. Trade Mark Appeal No. 21 of 2003. Judgment Md. Awlad Ali J.-This appeal under section 76 of the Trade Marks Act, 1940 arises out of judgment and order dated 29.09.2002 passed by the Deputy Registrar of Trade Marks in Opposition Case No. 1824/2001 allo......g both the parties allowed the opposition case and refused registration of the trade mark CANON on the application filed by the appellant by order dated 10th October, 1993. Against the said order and decision of the Registrar the appellant preferred an appeal in the High Court Division of the Hon..Category: Intellectual Property Law | Date: 15 Feb, 2007 | Hits: 34
Md. Afazuddin Vs. Md. Ataur Rahman & another, 2007, 36 CLC (AD)
....ted by Md. Nawab Ali, Advocate-on-Record- For the Respondents. Civil Appeal No.173 of 2003. Judgment MM Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 28.01.2002 passed by a Division Bench of the High Court Division in Civil Revision No. 3537 of.......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: ..Category: Contract Law | Date: 7 Feb, 2007 | Hits: 272
Hafizuddin and another Vs. Moherjan & Others, 2007, 36 CLC (HCD)
....hers……………………Opposite parties Judgment January 16, 2007. Result: The Rule is discharged. Generally, in deciding an issue of abatement of the suit, the actual date of death of the concerned plaintiff or the defendant is very much relevant. However, if the le......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
State Vs. Md. Abdul Gofur, 2006, 35 CLC (HCD)
....d upon the condemned prisoner Md. Abdul Gofur on his conviction under section 11(Ka) of the Nari-O-Shishu Nirjaton Damon Ain, 2000 (herein after will be called as Ain, 2000) by the judgment and order dated 2.9.2003 passed in Nari-O-Shishu Nirjaton Damon Case No.896 of 2003 arising out of Jamalpur P.......uilt of the accused on misreading of the evidence is liable to be set aside. The learned Advocate also submits that since it is a case under special law involving demand for dowry, the case decisions referred to by the learned D.A.G., are not applicable in the present case because those de..Category: Criminal Law | Date: 19 Oct, 2006 | Hits: 6
State Vs. Shahid Javed Gaira @ Garib Miah and others, 2006, 35 CLC (HCD)
....sed upon accused Shahid Javed Gaira alias Garib Miah, Ismail Mollah alias Galu and Sundar Babu son of Afzal Hossain upon their conviction under Sections 302/34 of the Penal Code by judgment and order dated 18.8.2004 in Metropolitan Sessions Case No.2248 of 2001. By the same judgment five other accus......any explanation as to why he disbelieved the witnesses who stated categorically that the accused standing in the dock was not the Sundar Babu, who is the perpetrator of the crime. By reference to the decision in the case of Sheikh Mujibur Rahman @ Razibulla Vs. State, 58 DLR 393, he submits that thi..Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31
M. H. Monzur Vs. Md. Nuruzzaman and others, 2006, 35 CLC (HCD)
....yum, 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 Judge of the Artha Rin Adalat No.4, Dha......ed amendment of the plaint will change the nature and character of the suit and the learned Judge of the trial Court by allowing the application committed an error of law resulting in an error in the decision occasioning failure of justice. In support of her contention the learned Counsel refers the..Category: Procedural Law | Date: 21 Aug, 2006 | Hits: 42
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