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

....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. ......lumbered as Miscellaneous Case No. 28 of 1995. F. In the said Miscellaneous Case Chameli Glass Works represented by its proprietors had been made opposite parties through their Attorney by Court's order dated 26-6- 2005. G. Ms. Chameli Glass Works represented by their proprietors had not been ......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. Abdullah, A......ported in: 61 DLR (HCD) (2009) 46. ..

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)

.... of 2000 for realization of the decretal dues amounting to Tk. 29,05,334.25 as on 30.11.2000. 4. In the execution case several dates were fixed for sale of the mortgaged property by auction upon publishing the auction notice in accordance with law but sufficient bidders having not responded the......nk, a financial 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.......made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 284. ......ory Original 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…………&he..

Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6

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

....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. ......nts (In 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.2......rvey Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 400. ......Court High Court Division (Special 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 Secre..

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. ......ercourse is true. Further observation is: In a case of this kind where the evidence and condition of the prosecutrix form the only evidence which the court has to go upon it is necessary in order to sustain a conviction that it should at least be found that the woman's statement is in acco...... 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. ......erefore, to address with such cases with proper approach, circumspection and utmost care disengaging ring of truth from falsehood ensuring salvation of Criminal Justice. The present case before us is one of such case. 2. Law relating to rape traces its origin in Great Britain in the year 1376 w..

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)

....eshi Manufacturer and Merchant made an application on 31.07.1997 to the Registrar of Trade Marks, Dhaka for registration of mark CANNON in class-25 for Hosiery products. The said application was duly published in Trade Marks Journal No.209 in the month of January, 2001. The respondent No.2 thereafte......ul Islam-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. 1824/200......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. ......r, filed notice of opposition to the application for registration of the said marks in Class-25 being opposition case No.1824/2001 contending inter alia, that since inception of their business the opponent, the respondent No.2 adopted the word "CANON" and the LOGO being the first word of t..

Category: Intellectual Property Law | Date: 15 Feb, 2007 | Hits: 34

Md. Afazuddin Vs. Md. Ataur Rahman & another, 2007, 36 CLC (AD)

.....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: ......nstructed 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. 3......hree) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: ......rt, is that the defendant No. 1 entered into an agreement with him to sell the suit property at a consideration of Tk. 1,20,000/- and on receipt of Tk.5,001/- from the plaintiff as earnest money the defendant No.1 executed a bainapatra in favour of the plaintiff on 19.02.1985. There w..

Category: Contract Law | Date: 7 Feb, 2007 | Hits: 272

Ful Miah & others Vs. State, 2007, 36 CLC (HCD)

....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. ......neral - For the State. Criminal Appeal No.1778 of 2003. Criminal Miscellaneous Case No.9275 of 2005. Judgment Surendra Kumar Sinha J.- This appeal and the Rule arose from the Judgment and order dated 13.5.2003 of the special Tribunal No.4, Habigonj in Special Tribunal Case No.40 of 1999....... 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. ......��……………………………Convict Appellants (In Jail) Vs. The State…………………………Respondent With Md. Isak Miah………………………………Convict-Petitioner (In Jail) Vs. The State…………………………………Opposite Party Judgment..

Category: Criminal Law | Date: 25 Jan, 2007 | Hits: 26

Hafizuddin and another Vs. Moherjan & Others, 2007, 36 CLC (HCD)

....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. ......ff filed an application before the said Court, disclosing the death of Amjad Hossain, the sole plaintiff and prayed for substituting them as his legal heirs. The learned Judge after hearing, by his order dated 15.1.1985, rejected their said petition and recorded abatement of the suit. On 9.2.1985......rned parties. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 88. ......o 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)

.... 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. ......ections 6(1)/7/30 of the Nari-O-Shishu Nirjatan Daman 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, ......tan Daman Ain, 2000 is quashed. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 68. ......Supreme Court 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 ..

Category: Women and Children | Date: 19 Nov, 2006 | Hits: 11

State Vs. Md. Abdul Gofur, 2006, 35 CLC (HCD)

....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. ......imposed 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 Jamal......end 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. ......lip;…..State Vs. Md. Abdul Gofur…………………………………………….Condemned-Prisoner Judgment October 19, 2006. Result: The Death reference is rejected and the ..

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. ......h imposed 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......s 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. ...... Involved: Fahima Nasrin, Deputy Attorney-General with Md. Jamil Akhter Elahi, Assistant Attorney-General-For the State. Khalilur Rahman Bhuiyan, Advocate State Defence Lawyer-For Condemned Prisoner Shahid Javed Gaira @ Garib Mia. S.M. Rezaul Karim with Md. Abdur Razzak and Afifa Begum Sopn..

Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31

M. H. Monzur Vs. Md. Nuruzzaman and others, 2006, 35 CLC (HCD)

....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. ......dul 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 Judge of the Artha Rin Adalat No.......��….Opposite Parties Judgment August 21, 2006. Result: The Rule is discharged. Cases Referred to- Abdul Wadud Contractor and another Vs. Nazir Ahmed and others, 48 DLR (AD) 120; Jinnat Ali Muktear Vs. Abdul Majid, 27 DLR 385; Nizamuddowla Vs. Nurul Islam and others, 22 DLR 277; ......Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Syed Mohammad Ziaul Karim J M. H. Monzur………………………………………………………………………..Petitioner Vs. Md. Nuruzzaman and others……………………………………………….Oppo..

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. ......Judge, Third Court, Dhaka in Title Suit No.138 of 1991 rejecting 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......llip;………………….Opposite parties Judgment August 8, 2006. Result: The Rule is made absolute. Cases Referred to- Md. Serajuddin Ahmed and others Vs. A.K.M. Saiful Alam and others, 56 DLR (AD) 41; Kessarbai Vs. Jethabai, AIR 1...... Present: Siddiqur Rahman Miah J Syed Mohammad Ziaul Karim J Md. Chand Miah and others…………………………….Petitioners Vs. Md. Ibrahim and others…………………&..

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. ......g and is liable to be set aside. 17. In the result this rule is made absolute and the impugned 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. ......der as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 225. ......Division (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..

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)

..... 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. ......is Rule was issued calling upon the respondents to show cause as to why the demand notice dated 02.11.88 on the petitioner for Tk. 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 witho...... The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 579. ......ector, 28, Dilkusha Commercial Area, Motijheel, Dhaka……………………………………………Petitioner Vs. Government of Bangladesh and others……………&helli..

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)

....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. ......e Court and as such there is no ground of interfering with the impugned judgment and decree under section 115(1) of the Code of Civil Procedure. In the result, the rule is discharged without any order as to the costs. The judgment and decree dated 31.3.1994 passed by the District Judge, Ja......e Opposite Parties. Civil Revision No.2275 of 1994. Judgment AKM Fazlur Rahman J.-This Rule issued on an application under section 115(1) of the Code of Civil Procedure is directed against the judgment and decree dated 31.3.1994 passed by the District Judge, Jamalpur in O.C. App......se is also Reported in: 26 BLD (HCD) (2007) 488. ..

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. ......d. Rabiul Karim and Md. Iqbal Hossain, Assistant Attorney-General-For the Respondent. Criminal Appeal No.1083 of 2004. Judgment Khademul Islam Chowdhury J.-This appeal is directed against an order dated 9.03.2004 passed by the learned Special Tribunal and Sessions Judge, Chapai Nababganj in......s.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. ......on, Chapai Nababgonj Police Station, District Chapai Nababgonj on as informant 15.9.2003 lodged First Information Report with Chapai Nababganj Police Station implicating accused appellants along with one Samiul Huque, alleging that on receipt of secret information that one Md. Durul Islam of village..

Category: Criminal Law | Date: 20 Jul, 2006 | Hits: 21

Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)

....will on 12.04.1974 in Misc. case No.58 of 1972; that the notice of the probate proceeding was duly served and that the notice upon the general people was also duly served by a 'Beggapti' published in Rajshahi Barta dated 27.08.1973; that after due service of notice and after exhausting ......4 of 1994. Judgment Siddiqur Rahman Miah J.-This appeal at the instance of petitioner, Nani Gopal Hazra, under section 229 of the Succession Act of 1925 is directed against the judgment and order dated 29.09.1988 passed by the learned District Judge, Rajshahi, in Misc. Case No.188 of 1982 ......hellip;………………Respondents Judgment July 19, 2006. Result: The Appeal is allowed. Cases Referred to- Brajabala Vs. Tarapada Saha Minor and others, 11 DLR 1959 page 40; Pannu Geegania Vs. Devi Proshad AIR 1963 MP15; Juttendromohun ......ad Hasan Rana-For the Appellant. Khondaker Saiful Hoque-For the Respondents. First Appeal No.64 of 1994. Judgment Siddiqur Rahman Miah J.-This appeal at the instance of petitioner, Nani Gopal Hazra, under section 229 of the Succession Act of 1925 is directed against the judg..

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

Syed Jasimuddin and others Vs. Moulana Abu Musa Siddique & others, 2006, 35 CLC (HCD)

....d in the body of this judgment. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 518. ......y the impugned judgment and decree dated 31-7-2002 passed by the Senior Assistant Judge and SCC Judge, Raozan Chittagong in SCC Suit No. 2 of 1997 should not be set aside and/or such other or further order or orders be passed as to this Court may seem fit and proper. 2. The Rule is opposed on b......Case is also Reported in: 61 DLR (HCD) (2009) 518. ......R (HCD) (2009) 518. ..

Category: Civil Law | Date: 2 Jul, 2006 | Hits: 4

Moulana Mohammad Baquer Siddiqui Vs. Tamizuddin Khan Trust Estate and others, 2006, 35 CLC (HCD)

.... by this Court stands vacated. The trial Court is directed to expedite the trial of both the suits. Communicate the order at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 57. ...... with T.M. Sakil Hossain, Advocate-For the Opposite Parties. Civil Revision No.1308 of 2003. Judgment Mir Hashmat Ali J.-In the instant Rule, the petitioner challenged the judgment and order dated 17.2.2003 passed by the learned Joint District Judge, 2nd Court, Dhaka in Title Suit No.......ivil Revisional Jurisdiction) Present: Mir Hashmat Ali J ABM Hatem Ali J Moulana Mohammad Baquer Siddiqui…………………………………………….Petitioner Vs. Tamizuddin Khan Trust Estate and others……………………………………..Opposite Parties Judgm......igh Court Division (Civil Revisional Jurisdiction) Present: Mir Hashmat Ali J ABM Hatem Ali J Moulana Mohammad Baquer Siddiqui…………………………………………….Petitioner Vs. Tamizuddin Khan Trust Estate and others……………………………………..O..

Category: Procedural Law | Date: 25 Jun, 2006 | Hits: 27

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