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Mashriqui Jute Mills Vs. Chairman, Second Labour Court & another, 2005, 34 CLC (HCD)
.... was dismissed from service most illegally on the basis of an inquiry report which was not impartial. More so, one Hamidur Rahman, Assistant Labour Officer, issued the show cause notice, prepared the Inquiry report and dismissed the respondent No. 2. The Assistant Labour Officer is not the competent......itioner, thereafter, dismissed him on 21-7-1996 on the basis of the inquiry report. The respondent No. 2 sent a grievance petition to the petitioner as per rule. He appeared before the petitioner for personal hearing but to no effect and the petitioner kept his earlier decision unchanged. The dismis..Category: Employment/Service Law | Date: | Hits: 67
Abdus Salam (Md.) Vs. Deputy Registrar of Trade Marks and others, 2005, 34 CLC (HCD)
....a is directed to dispose of Trade Marks Appeal No. 5 of 2004 on merit in accordance with law. No order as to costs in any of the appeals. Ed. This Case is also Reported in: 58 DLR (2006) 343.......ficulties in marketing his product with the trade mark 'Crocodile' under the name and style Sabuj Hosiery because of the registration of the trade mark in the name of the respondents and thus he is a person aggrieved within the meaning of section 37 of the Act, 1940 and he had/has locus standi to fi..Category: Intellectual Property Law | Date: | Hits: 189
Ismail Howlader and others Vs. State, 2006, 35 CLC (HCD)
....nowara Begum who were granted bail earlier by this Court stand discharged from the bail bond if furnished any. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 335.......ith the wooden row (বৈঠা) which Nasir resisted with his hand. But Azim instantly dealt a fist blow on Nasir. As a result Nasir fell down. On seeing these, informant's son Lokman and two other persons named Majibur and Saiful tried to rescue Nasir, but failed due to the resistance of co-accus..Category: Criminal Law | Date: | Hits: 43
Nil Sen Singh Vs. Radha Mohan Singh and others, 2006, 35 CLC (HCD)
....tle Suit No. 2 of 2003 is set aside. The judgment and decree dated 30-1-2003 of the trial Court is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 329. ......which runs thus: "101. Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts must prove that those facts exist? When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that..Category: Property Law | Date: | Hits: 75
Noorjahan Ahmed and others Vs. Tarifuddin Ahmed, 2003, 32 CLC (HCD)
....ps for reconstruction of the record of the other suit No. 105 of 1983. There shall be no order as to cost. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 326.......dra Chandra Rishi and others Vs. Sufia Begum and others reported in 42 DLR (AD) 285 wherein it was held—it is obligatory upon the process server to mention in his report the name and address of the person if any by whom the house in question was identified and in whose presence the copy of summons..Category: Property Law | Date: | Hits: 83
Abdul Khaleque Vs. Hazera Begum and another, 2006, 35 CLC (HCD)
....ith a copy of this judgment at once. Let a copy of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs. Ed. This Case is also Reported in: 58 DLR (2006) 322.......r. 4. The learned Advocate engaged by the petitioner having been elevated to the Bench, a notice was sent from this Court with a copy of the Court's order directing the petitioner to appear either personally or through any learned Advocate. However, in due course, when the matter was taken up for..Category: Criminal Law | Date: | Hits: 97
Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)
....l run concurrently. Let a copy of the order along with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311.......nly been awarded taking into consideration the old age of the accused-petitioner. Moreover, section 417A(2) of the Code of Criminal Procedure does not provide any scope to prefer any appeal by such a person who is not a complainant. In the instant case, since Opposite-party No.2 is not a complainant..Category: Criminal Law | Date: | Hits: 60
Mansur Ali Howlader Vs. Nurul Islam Howlader, 2004, 33 CLC (HCD)
....ppeal in accordance with law and to dispose of the appeal within 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 58 DLR (2006) 304, 26 BLD (HCD)(2006) 53.......defendant in the suit as an assignee of the defendant No. 5 contending, inter alia, that the defendant No. 5 sold the suit land to Bimal Chandra on 16-3-1974 and the latter sold the same to different persons including the petitioner on 3-6- 1974. The said application dated 27-6-1984 was fixed for he..Category: Property Law | Date: | Hits: 81
Amin Uddin (Md.) Vs. State, 2006, 35 CLC (HCD)
.... matter having great social importance giving top most priority. LC records along with copy are sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 294, 26 BLD (HCD) (2006) 433. ......an, Daman Tribunal will not take cognisance of any offence under said Ain for action without any written report from any police officer not below the rank of Sub-Inspector of police or from any other person authorised by law about the offence complained of. 6. He categorically explains that polic..Category: Criminal Law | Date: | Hits: 48
Nabisco Biscuit and Bread Factory Ltd. Vs. Baby Food Products Ltd. and another, 2005, 34 CLC (HCD)
....ected to take necessary steps in accordance with law to effect rectification of the Register of Trade Marks in the light of this Judgment. Ed. This Case is also Reported in: 58 DLR (2006) 287. ......s. Prem Chand Gupta trading as Universal Trade Co. reported in 1985 PTC, 33, wherein it has been held that filing an objection and failing to effectively prosecute the opposition does not prevent any person from applying rectification. The learned Advocate has referred to several decisions of the In..Category: Intellectual Property Law | Date: | Hits: 386
Motleb Mondal Vs. State & others, 2005, 34 CLC (HCD)
....57/2000 in accordance with law and in the manner as directed in the cited decision as reported in 18 DLR SC 474. Copy is sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 282. ......enable the court to have the whole relevant evidence included in one trial and a decision could be arrived at after a proper consideration of the entire material relied on by the parties. The accused persons would in addition obviously have the right to adduce defence evidence if they so chose. If t..Category: Criminal Law | Date: | Hits: 41
Kazi Rashed Akhter Shahid (Prince) Vs. Rokshana Choudhury (Sanda), 2006, 35 CLC (HCD)
....of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 271, 26 BLD (HCD) (2006) 613. ...... later, ends. (6) Nothing shall debar a wife whose marriage has been terminated by talaq effective under this section from remarrying the same husband, without an intervening marriage with a third person, unless such termination is for the third time so effective." 20. Before the promulgation ..Category: Family Law | Date: | Hits: 184
State Vs. Harun Chowdhury, District Magistrate and Mostafa Kamal, SP Sylhet, 2005, 34 CLC (HCD)
....tafa Kamal, Superintendent of Police, Sylhet are exonerated from the charge of contempt of Court and they are warned to be careful in future. Ed. This Case is also Reported in: 58 DLR (2006) 267....... as to why they should not be punished for committing contempt of Court for violating the orders dated 8-3-2005 and 2-4-2005 passed by this Hon'ble Court. 2. Both the contemners have appeared in person before this Court and tendered unconditional apology supported by affidavits. The Contemner N..Category: Civil Law | Date: | Hits: 1272
Md. Lokman @ Lokman Vs. State, 2010, 39 CLC (AD)
....Rule requiring no interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 156, 8 LG (AD) (2011) 81, 31 BLD (AD) (2011) 60. ......hava erected a Jatra Pandel for aiding an institution and that on 01-01-2001 rehearsal of Jatra was stated at about 11.00 P.M. while the deceased was supervising the rehearsal programme the accused persons rushed to the place of occurrence with deadly weapons and opened fire by firearms in order t..Category: Criminal Law | Date: | Hits: 73
Dhaka Leather Complex Ltd. Vs. Sikder Construction Ltd. and another, 2009, 38 CLC (AD)
....ost. The impugned judgment and order dated 18-08-2003 passed by the High Court Division in First Appeal No. 255 of 2002 is hereby affirmed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 75.......মর্মে কোন আলামত পাওয়া যায়না”। Section 14(2) of the Arbitration Act provides that after an award is made any party to the arbitration agreement of any person claiming under such party may request the arbitrator or the Umpire to cause the award or a si..Category: Alternative Dispute Resolution | Date: | Hits: 187
Abi Abdullah (Md.) and others Vs. Government of Bangladesh, 2005, 34 CLC (HCD)
.... petitioners are concerned. In the result, the Rule is made absolute so far as it relates to the petitioners without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 250. ......impugned memo dated 29-11-94 is contrary to the decision of the Appellate Division of the Supreme Court of Bangladesh reported in 31 DLR (AD) 195 wherein it was held that the proprietary right of the person to whom the land belonged and during the period of submergence of the land the ownership is n..Category: Property Law | Date: | Hits: 99
Executive Engineer, Sylhet Public Works Department Vs. Md. Asob Ali, 2005, 34 CLC (HCD)
....o costs. The order of stay passed at the time of issuance of the Rule is hereby vacated. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 58 DLR (2006) 236. ......", "price", "property" and "seller" are provided in section 2 of the Sale of Goods Act. 10. Then, there is the Contract Act, 1872. Clause(a) of section 2 of the Contract Act provides that when one person signifies to another his willingness to do or to abstain from doing anything with a view to o..Category: Business or Commercial Law | Date: | Hits: 209
Tahera Begum and others Vs. Mizanur Rahman (Md.) and others, 2004, 33 CLC (HCD)
.... in Title Suit No. 12 of 2002 staying all further proceedings of Title Execution Case No. 1 of 2002 is hereby set aside. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 224....... 151 read with Order XXI and rule 26 of the Code in his suit for stay of all further proceedings of said Title Execution Case No.1 of 2002 on the ground mainly that final decree as drawn against dead person, namely, defendant No. 232 Jalal Patwari, was a nullity and could not be executed. 6. Said..Category: Property Law | Date: | Hits: 72
Badel Alam Howlader Vs. Falu Dewan and others, 2004, 33 CLC (HCD)
....ly within a period of 3 (three) months from the date of receipt of this order. Communicate the order and send down the lower Court records. Ed. This Case is also Reported in: 58 DLR (2006) 218. ......that his clients would be rendered homeless by cancellation of the settlement appears to be totally unfounded. 15. The purpose of issuance of a show cause notice is to afford an opportunity to any person, whose right or interest is likely to be prejudiced or adversely affected by any proposed act..Category: Property Law | Date: | Hits: 66
State Vs. Md. Shahjahan, 2004, 33 CLC (HCD)
.... accused condemned prisoner Md. Shahjahan be set at liberty at once if not wanted in any other case. The Lower Court's Record is sent down. Ed. This Case is also Reported in: 58 DLR (2006) 203. ......nd Shamsul Islam entered into the Bank to hand over required cash leaving the convict-appellant in the baby taxi with the rest cash. All on a sudden, the informant heard a shooting sound and saw some person entering into the Bank holding the accused with rifle and then it was learnt that Abdul Wadud..Category: Criminal Law | Date: | Hits: 96
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