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Pushpa Rani Saha Podder Vs. Rash Mohan Saha, 2005, 34 CLC (AD)
....rd- For the Appellant. Md. Aftab Hossain, Advocate-on-Record - For Respondent Nos. 1-2. Not represented- Respondent Nos. 3-9. Civil Appeal No. 30 of 2000. (From the judgment and order dated 15.11.1994 passed by the High Court Division in Civil Revision No. 1244 of 1987). Judgment......d an error of law requiring interference by us. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 350; 10 MLR (AD) 345. ..Category: Property Law | Date: 4 Jul, 2005 | Hits: 127
Saeeda Yasmin and others Vs. Capital Service Center Ltd and others, 2005, 34 CLC (AD)
....y Sufia Khatun, Advocate‑on‑Record‑For Respondent No. 1. Not represented‑Respondent Nos. 2‑4. Civil Petition for Leave to Appeal No. 956 of 2003. (From the Judgment and Order dated February 5, 2003 passed by the High Court Division in Civil Revision No. 235 of 2002). Ju...... The Code of Civil Procedure, 1908 (V of 1908), Section 115 Judicial order of a court should be speaking assigning the reason of arriving at the decision taken. In spite of that even if the order itself be not elaborate or speaking but if the de..Category: Procedural Law | Date: 29 Jun, 2005 | Hits: 98
Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)
.... the Opposite Party Nos.1-5. Civil Revision No.5 of 2005. Judgment Md. Abdul Aziz J.-Opposite party Nos.1-5 were called upon to show cause as to why the impugned judgment and order dated 14.7.04 passed by the learned Additional District Judge, 2nd Court, Rajshahi in Miscellan......on on appointment was withdrawn by the UGC on 22.12.2003 and restriction imposed by the Government was also withdrawn on 8.1.2004 by two separate circulars, that in a meeting held on 22.3.2004 a decision for appointment of 327 4th Class employees on the daily basis was approved following due p..Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7
Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)
....on No. 4785 of 2000 with Civil Revision No. 1058 of 2001. Judgment Bijan Kumar Das J.- By these Rules the opposite party was called upon to show cause as to why the impugned judgment and decree dated 12-6-2000 passed by the District Judge, Dhaka in Family Appeal No. 22 of 1993 reversing these ......haka. The appeal was transferred to the Court of Nari-o-Shishu Nirjatan Daman Bishesh Adalat, Dhaka under a Memo of Ministry of Law and Parliamentary Affairs but subsequently in view of an unreported decision of the High Court Division taking the view that Nari-o-Shishu Nirjatan Daman Bishesh Adalat..Category: Family Law | Date: 25 Jun, 2005 | Hits: 237
Md. Joinul Abedin Vs. Government of Peoples' Republic of Bangladesh, 2005, 34 CLC (HCD)
....2002. Judgment Md. Muzammel Hossain J.-This Rule was issued at the instance of the petitioner calling upon the respondents to show cause as to why the impugned order vide Memo. No.48/2002/C dated 15.01.2002 passed by the Respondent No.3 and the letter issued by the Respondent No.6 cancelli......t the petitioner was properly selected by the Managing Committee presided over by the Chairman of the said Committee who is also the Upazilla Nirbahi Officer, Atwari, Panchagarh and thereafter as per decision of the Managing Committee, the petitioner was appointed as the Assistant Superintendent but..Category: Civil Law | Date: 22 Jun, 2005 | Hits: 3
Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)
....r the Opposite Parties. Civil Revision No. 5699 of 2001 Judgment MM Rahman Bhuiyan J.- This hearing occasions consideration of the Rule issued directing against the judgment and decree dated 12‑6‑2001 and 26‑6‑2001 passed by the learned Subordinate Judge cum Artha Rin Adalat, ......tus materially changed from a mere lessee to a full fledged tenant with all the rights and incidents of a tenant as provided in the State Acquisition and Tenancy Act. This error has vitiated the decision and plaintiffs-petitioners have been gravely prejudiced thereby and the case rightly deserv..Category: Property Law | Date: 19 Jun, 2005 | Hits: 3
Jamuna Television Limited and another Vs. angladesh and others, 2005, 34 CLC (HCD)
..... Abdur Rashid J.- This Rule Nisi was issued upon an application made under Article 102 read with Article 44 (1) of the Constitution calling upon the respondents to show cause as to why impugned Memo dated 22‑3‑04, 8‑4‑04 and 24‑3‑04 [Annexure-A, A(1), and A(2)] respectively issued by an......ts order dated 25‑26 August, 2003 made the Rule absolute and directed the respondents to dispose of the application of the JTV dated 13‑2‑02 within 30 days of receipt of that order. Against the decision, the Ministry and the Commission made two petitions for Leave to Appeal being CP No.1253 of..Category: Information Technology Law | Date: 16 Jun, 2005 | Hits: 4
Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)
....ng strangulation. 4. Following commission of crime law was set on motion on submission of a first information report by Mahbubuddin, husband of Nilufar, with Sabujbagh Police Station on the said date i.e. on 2-12‑1992, as informant. HR Khan, father of Nilufar and father‑in‑law of Mah......unged from record and Trial Judge committed a substantial error in finding that evidence of P.W.1 might be taken into consideration in view of circumstances of case and by this error the merit of the decision of the case had been seriously affected. IV. Second Judicial Confessional statement of..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
Hamida Begum Vs. Mosharef Hossein Sikder and others, 2005, 34 CLC (HCD)
....n, Deputy Attorney-General-For the State. Criminal Miscellaneous Case No.1200 of 2002. Judgment Syed Muhammad Dastagir Husain J.- This Rule is directed against the Judgment and order dated 9.11.2000 passed by Additional Sessions Judge, First Court, Barisal in Criminal Revision N......e disposed of within 3 months from the date of receipt of this order. 8. Send down the lower court records at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 94. ..Category: Criminal Law | Date: 15 Jun, 2005 | Hits: 2
Emarat Ali Vs. State, 2005, 34 CLC (HCD)
....1 of 2001. Judgment Siddiqur Rahman Miah J. - This Criminal Revision under section 439 of Code of Criminal Procedure at the instance of Emarat Ali is directed against the judgment and order dated 9‑10‑2001 passed by the learned Metropolitan Sessions Judge, Dhaka in Metropolitan Crimina...... Metropolitan Magistrate as well as the judgment and order dated 9‑10‑2001 are liable to be set aside acquitting the accused petitioner. 14. The learned Advocate for the petitioner cited the decision in the case of Masum Ali and others Vs. State reported in 37 DLR 261, in the case of Montu ..Category: Criminal Law, Limitation Law | Date: 14 Jun, 2005 | Hits: 1
Khaled Ahmed Chowdhury Vs. State, 2005, 34 CLC (HCD)
....mstances of the case and evidence on record convicted the petitioner under section 170 of the Penal Code sentencing him thereunder to suffer simple imprisonment for one year by his judgment and order dated 21‑10‑1989 in GR Case No.3503 of 1988 in presence of the accused person. 4. Being agg......limitation for filing a revisional application which can only be considered on a satisfactory and cogent explanation of delay caused in filing such an application. 10. I may profitably refer the decision in the case between Muhammad Swaleh and another Vs. Messrs United Grain & Fodder Agenci..Category: Limitation Law | Date: 13 Jun, 2005 | Hits: 2
Mahmuda Begum and others Vs. Chairman, First Court of Settlement and others, 2005, 34 CLC (HCD)
....ral - For Respondent No.2. Writ Petition No.2615 of 1995. Judgment Moyeenul Islam Chowdhury J.- This Rule Nisi was issued upon the respondents as to why the impugned Judgment and order dated 26-11-1995 (Annexure-C) passed by the respondent No.1 should not be declared to be without...... date of execution of the contract for sale, that is to say, on 27-12-1970 is protected by section 53A of the Transfer of Property Act. In this connection, Mr. Abdul Wadud Bhuiyan has referred to the decision in the case of Bangladesh represented by the Secretary, Ministry of Works and others Vs. Ka..Category: Property Law | Date: 25 May, 2005 | Hits: 33
Abdul Momen Chowdhury and others Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....s issued calling upon the respondent Nos.1 Bangladesh and (2) Bangladesh Election Commission to show cause as to why they should not be directed to secure to the voters particulars from the candidates for the election to the Parliament (House of the nation) in the form of informations disclosin......cross on a little bit of paper no amount of rhetoric or voluminous discussion can possibly diminish; the overwhelming importance of the point". In the same judgment also quoted another decision of the same Court in the case reported in (1978) 1 SCC 405 which runs as under:— ..Category: Election Law | Date: 24 May, 2005 | Hits: 11
New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)
....e was no conflicting mark on record at the Registry at the time, the trade marks were duly registered upon advertisement in the Trade Marks Journal and have since been renewed and remained valid till date (Annexures- 'A', 'A-1' and 'A-2'). 3. It so transpired that Unilac......de Mark No.66879 in Class-29 be sent to the Respondent No.2 Registrar, Department of Patents, Designs and Trade Marks forthwith. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ..Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187
Muzaffar Hossain Sarker (Md.) Muzaffar Hossain Sarker (Md.) Vs. State, 2002, 31 CLC (HCD)
.... Siddiqur Rahman Miah J.- This criminal Appeal under section 410 of the Code of Criminal Procedure at the instance of the appellant Muzaffar Hossain Sarker is directed against the judgment and order dated 2‑11‑2002 passed by the learned Special Judge (District and Sessions Judge), Comilla in Sp......ant against the weight of evidence on record. The evidence do not warrant for any such conviction under section 471 of the Penal Code. It is further submitted that the learned Special Judge based his decision on mere surmises and conjecture; that all the witnesses examined are very interested and bi..Category: Criminal Law | Date: 16 May, 2005 | Hits: 3
Sheikh Abdul Quddus Vs. Akram Sheikh @ Akram and others, 2005, 34 CLC (HCD)
.... Criminal Revision No.192 of 2003. Judgment Siddiqur Rahman Miah J.-This criminal revision under section 439 of the Code of Criminal Procedure is directed against the judgment and order dated 22‑1‑2003 passed by the learned Additional Sessions Judge, 2nd Court, Kushtia in Criminal ......bserved some contradictions between the statement given to the police and the evidence given before the court. In this connection, the learned Advocate for the petitioner Mr. Md. Abdul Awal cited the decision in the case of Al Amin and others Vs. State reported in 51 DLR 154, in the case of Nayan Vs..Category: Evidence Law | Date: 16 May, 2005 | Hits: 4
State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)
....sp; Mohammad Fazlul Karim, J: These appeals arose by way of leave granted in Criminal Petition for Leave to Appeal Nos. 256-260 of 1998 filed against the judgment and order dated 24.6.1998 passed by a Division Bench of the High Court Division in Criminal Miscellaneous......along with it and hearing the parties framed charges against the accused including the accused-respondents. 12. The principle of quashing proceeding has been formulated in the celebrated decision in the case of Abdul Quader Vs. State reported in 28 DLR (AD) (1976)38 wherein it has ..Category: Criminal Law | Date: 16 May, 2005 | Hits: 105
Sec. Min. of Works and Urban Dev., Govt. of BD & ors Vs. Rowshan Ara Begum & anr, 2005, 34 CLC (AD)
....rajur Rahman, Advocate‑on‑Record‑For Respondent No. 1. Not represented‑Respondent No. 2. Civil Appeal No. 1 of 1999. (From the judgment and order dated November 3, 1991 passed by the High Court Division in Writ Petition No. 448 of 1988). ......er daughter Anwari Khatun has not been proved by calling the persons in whose presence the gift said to have been made upon ignoring any material or any material fact having the bearing in making the decision in the aforesaid matter was left out of consideration. In fact, the High Court Division on ..Category: Property Law | Date: 15 May, 2005 | Hits: 120
Jamuna Builders Ltd. and another Vs. Rajdhani Unnayan Kartripakkha and another, 2005, 34 CLC (HCD)
....on No. 6305 of 2003. Judgment Md. Awlad Ali J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned memo No. Rajuk/Na Aa Aa/2C-85/2202/599/Stha: dated 17‑11‑2002 (Annexure-A) should not be declared to have been issued without lawful authorit......e fee of Tk.2,10,000 was deposited along with the application in the form of pay order (Annexure-D). Even after expiry of 45 days of submission of the application the respondent No.2 did not give his decision thereon. In such situation, the petitioner vide letter dated 24‑12‑01 addressed to the ..Category: Administrative Law, Company Law | Date: 9 May, 2005 | Hits: 9
Debobrota Baiddya @ Debu Vs. State, 2005, 34 CLC (HCD)
....dent. Criminal Appeal No. 4094 of 2003. Judgment Khademul Islam Chowdhury J.- The Criminal appeal under section 28 of the Nari-o-Shishu Nirjatan Daman Ain, 2001 is directed against the order dated 9-9-2003 passed by the Nari-o-Shishu Nirjatan Daman Tribunal.,Gopalganj in Nari-o-Shishu Nirja......ganj PS Case No. 3 dated 3-11-2002 under sections 6/7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and he be discharged from his bail bonds. Ed. This Case is also Reported in: 58 DLR (2006) 71...Category: Women and Children | Date: 9 May, 2005 | Hits: 84
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