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Category: Civil Law | Date: 21 Jun, 2004 | Hits: 321
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....aid appeal was heard and dismissed on merit, the Civil Petition for Leave to Appeal No. 826 of 1998 shall also stand dismissed without any order as to costs. Ed. This Case is also Reported in: ......ugh regular BCS examination in 1982 and the appointees of the special batch recruited pursuant to the subsequent special batch advertisement dated 22‑12‑1982 consequent upon recommendation of the Council Committee duly approved by the President of the country were placed in the seniority list vi..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ......e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Monajjel Hossain Khan Vs. State, 2006, 35 CLC (AD)
....revisional application the High Court Division has not, in any way, committed any illegality warranting interference by this Court. Accordingly, the application for leave to appeal is dismissed. Ed. ......ingredients of the aforesaid Ain in the allegations contained in the first information report. 2. Facts of the case, in brief, is that Mr. Syed Akram Hossain, Chief Executive Officer, District Council of Gopalganj lodged an first information report with the Gopalganj Police Station against th..Category: Criminal Law | Date: 24 Mar, 2004 | Hits: 92
BRTC Vs. Md. Esken Mollick and anr., 2004, 33 CLC (AD)
.... within time though it was submitted by hand, the legal requirement has been fulfilled as provided under section 25(1)(a) of the Act. 6. We have considered the submissions made at the Bar and perused the materials on record. To appreciate the submissions let us examine section 25 of......as come to a correct decision and there being no error in the said judgment, the appeal has no substance. In the result the appeal is dismissed without any order as to costs. Ed. ..Category: Labour and Industrial Law | Date: 16 Mar, 2004 | Hits: 99
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
....ontentions. Contentions advanced from side of condemned prisoner have been hit back from side of State in bringing home counter-contentions. Good numbers of authorities have been referred to from the Bar in support of respective contentions. 28. On authority it can conveniently be posited that ......Waugh Vs. King (Supra) a dying declaration was incomplete and it could not be ascertained what the deceased was about to add and this error was not pointed out to Jury and Judicial Committee of Privy Council held that dying declaration is inadmissible when upon its face it is incomplete and no one c..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)
.... a copy of his judgment for future reference. Send down the lower court records. Ed. This Case is also Reported in: 57 DLR (2005) 289. ...... not be absolved from proving the guilt of the accused beyond reasonable doubt: having regard to the plea taken by him and the evidence adduced in the case. These decisions were referred to the Privy Council in the case of Fayasena Vs. Reginam, (1970) 1 All ER 219, from Ceylon which is governed by t..Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
.... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ...... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ..Category: Property Law | Date: 20 Jan, 2004 | Hits: 6
Securities and Exchange Commission, represented by its Chairman Vs. Runa N Alam, 2004, 33 CLC (AD)
....cordingly, set aside. The learned Additional Sessions Judge shall proceed against the accused in accordance with law. The appeal is accordingly allowed. Ed. This Case is also Reported in: ...... and others reported in 42 DLR (AD) 26 as under: "And then the transferee on determination of interest of the transferor shall be deemed to be a tenant in respect of such premises." The Privy Council says: "Now when a person is "deemed to be" something, the only meaning possible is that ..Category: Business or Commercial Law | Date: 5 Jan, 2004 | Hits: 340
Md. Rahimuddin Mia (Bharasa) Vs. The Registrar of Trade Marks and another, 2003, 32 CLC (HCD)
....class 34 dated 5.5.94 together with its existing features of label, get up and design. There will be no order as to costs. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 233. ......class 34 dated 5.5.94 together with its existing features of label, get up and design. There will be no order as to costs. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 233. ..Category: Intellectual Property Law | Date: 15 Dec, 2003 | Hits: 18
Bangladesh Vs. Dr. Md. Tofajjal Hossain, 2006, 35 CLC (AD)
....ase was maintainable, the appeal is liable to be dismissed. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 59. ......ase was maintainable, the appeal is liable to be dismissed. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 59. ..Category: Administrative Law | Date: 10 Nov, 2003 | Hits: 164
Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)
....Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ......a finding. ……………..(11, 15 & 18) Cases Referred: Mohd Abdun Noor vs. Platinum Jute Mills Ltd. and another 1978 BSCR 467; Lesson vs. General Council of Medical Education and Registration 43 Chancery Division 366. Lawyers Invol..Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106
Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)
....nciple of law that hearsay evidence cannot be the basis of conviction. Unfortunately, the High Court Division quoted the following statement of the victim “ Bari ferer pothe shondher por ashami Foran tahake dakiya raster pashe niya ashami Foran taher ......or all these reasons, there was no scope of placing reliance upon the above statement recorded under section 164 of the Code of Criminal Procedure. We may here reproduce the observations of the Privy Council which was subsequently consistently followed by the Courts in this Sub‑continent. The ..Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....ificate sale. Even he could not say the plot No. and Khatian Nos. of the PL. It goes to show that they were not in possession of the PL. 2nd party witness No. 3 admitted in cross that he hails from Bara Mascal, 3 miles away from the PL. He also admitted that he could not be able to say Dag No. a...... 56; Haji Golam Hossain vs. Abdur Rahman Munshi 40 DLR (AD) 196; Abdul Jabbar vs. Azizul Huq and others 46 DLR 460; Nader Ali Sk vs. Bangladesh 1984 BLD (AD) 7; Emperor vs. Nazir Ahmed AIR 1945 Privy Council 18; Shafiqur Rahman vs. NI Chowdhury 35 DLR (AD) 127. Lawyers Involved: Khan Saifur R..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
.... iv. Bangladesh Bank did not come forward to be Plaintiff and General Manager, Bangladesh Bank could not be Plaintiff for Bangladesh Bank. 25. In the wake of rival contentions advanced from the Bar, points that survive for determination are: 1. (a). Whether suit property is acquired propert......se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Harunur Rashid and ors. Vs. State and ors., 2004, 33 CLC (AD)
....offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed. Ed. ......offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed. Ed. ..Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
....previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Motiar Rahman (Md.) and 18 others Vs. Government of the People's Republic of Bangladesh and others
....done since 17‑2‑1993. From the order of detention in all the cases it is found that most of the District Magistrates including the District Magistrates of Dhaka, Narayanganj, Manikganj, Faridpur, Barisal, Chittagong, Cox's Bazar, Pabna, Gopalganj made those orders effective for 30 (thirty) d......rculate this Order among all the District Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327. ..Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
.... the petitioner through L.A. Case No.138/1961-62 and also challenged the notice issued under Memo. No. Rajuk/pa/sha/ni-pa/ka/dha for taking possession of the land of the petitioner in Mouja Baridhara, Block 'J,' Plot No.783, measuring more or less 30 decimals of land and demolishin......s. The body with the power to decide cannot lawfully proceed to make a decision until it has afforded to the person affected a proper opportunity to state his case."(P-80). Though the Privy Council in Durayappah Vs. Fernando, (1917) 2 AC 337, held somewhat differently, the latter English d..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Zahed Ali Foreman (Driver) and ors. Vs. State, 2004, 33 CLC (AD)
.... in Criminal Appeal No. 1151 of 1994. The criminal appeal was filed by 10 convicts out of 12 convicts against the judgment and order dated June 13, 1994 of the 2nd Court of Additional Sessions Judge, Barisal in Sessions Case No. 12 of 1993. The learned Additional Sessions Judge convicted accused Moj......terference is called for by this Division in respect to the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ..Category: Criminal Law | Date: 24 May, 2003 | Hits: 84