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....
In the result, the
Rule is discharged.
Communicate the
judgment and order immediately to the parties concerned.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 57.
......udgment and order immediately to the parties concerned.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 57.
......n the performance
of his undertaking the agent must act in accordance with the authority which
has been given to him. In the absence of express authority he must act in
accordance with the general nature of the business, i.e. within his implied
authority or he must act in accordance within his u..
Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6
Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)
....periods will be treated as leave without wages. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ...... copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ...... the judgment conflicts with the provisions of Section 4(2) of the Employment of Labour (Standing Order) Act 1965 which provides for the period of probation for worker whose function is clerical in nature for 6 months and other such workers for 3 months including break due to leave and illegal l..Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9
Bangladesh Legal Aid and Services Trust (BLAST) Vs. State and four others, 2006, 35 CLC (HCD)
....nt. In the result, the Rule is made absolute but without any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ......out any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ......ther purpose but for the sole object that they would serve the people and enhance their interest. It should be engraved in the minds of all that the people creates the nation, the people for whom the nature with all its high functionaries and services do exist. 32. The high functionaries are no..Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131
Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)
....appellant is found not guilty of the charge and she be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 473. ...... be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 473. ......ing on those decisions of this Court and those of the Appellate Divisions, and interpret them differently. In the premises, we find that this Court has delivered conflicting judgments on similar nature of facts. We are of the view that there should be uniformity in the decisions of this Court o..Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10
Kishore Kumar Dutta Vs. State, 2006, 35 CLC (HCD)
....en on bail in the Criminal Appeal, bail bond furnished by him stands discharge. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 174. ......shed by him stands discharge. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 174. ......ed a patent error in the decision. Judgment of conviction and sentence having suffered from legal infirmity got no leg to stand and it crumbles. 41. Disturbing and striking facets of fundamental nature have been manifested in prosecution case inculcating a formidable doubt in the truthfulness o..Category: Women and Children | Date: 20 Feb, 2006 | Hits: 127
....med to have been in her service in the post of Lecturer in
Economics.
Send down the lower Court records at
once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 66.
......tion)
Present:
Md. Abdul Aziz J
Most.
Musarraf Sultana………………………………………………………………………………………Petitioner
Vs.
Principal and Member-Secretary,
Kanchipara Mahabidhyalaya and others……Opposite Parties
Judg...... the suit and there being no prayer for
mandatory injunction directing the authority to reinstate her in her post with
salary and allowances the suit is not maintainable in it's present form and
nature.
9. Assailing the judgments of the
Courts below Mr. Md. Mazibar Rahman, the learned Adv..
Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6
State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)
....d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229.......ented by National Legal Aid. Death Reference No.105 of 2003 with Jail Appeal No.611 of 2003. Judgment Khondker Musa Khaled J. - This is a reference under section 374 of the Code of Criminal Procedure, made by the learned Additional Sessions Judge, Habiganj, for confirmation of death s......is admitted in evidence as Exhibit 2. He deposed that according to the inquest report, there were several sharp cutting injuries on the body of the deceased. He also identified the handwriting and signature of the 1st investigating officer Sub-Inspector Abdul Majid who was not alive at the time of t..Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82
Jabbar and others Vs. State, 2005, 34 CLC (HCD)
....d down the lower Court's records at once with a copy of this judgment, for information and taking necessary action. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 29. ...... this judgment, for information and taking necessary action. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 29. ...... the chest and abdominal cavity and right 4th rib cut near the sternal end. He opined that death was due to haemorrhage and shock caused by above injuries, which were ante-mortem and homicidal in nature. The dead body was identified to him by the constable. 15. P.W.8 Safer Ali deposed that..Category: Criminal Law | Date: 18 Oct, 2005 | Hits: 3
World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
.... reasons assigned by the High Court Division in the impugned order, we do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ...... interference. The petition is, accordingly, dismissed. Ed. ......assed by the High Court Division in Writ Petition No. 5135 of 2004 discharging the Rule challenging the Memo No. BTRC/LL-Sec/WorldTel/2002-1032 dated 20-4-2004 issued by respondent No. 2 under the signature of respondent No. 3 so far as it omits/deletes the "exclusive clause 2.3' of the Licence Agre..Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331
....cumstances we do not
find any substance in this Rule. Accordingly the Rule is discharged without any
order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 20.
...... the Rule is discharged without any
order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 20.
...... respondent No.3 meaning thereby that the
Report of the Procurement Scrutiny Committee and the Report of the respondent
N0.4, the Additional Chief Engineer (Mechanical) R & H were similar in
nature and Character. The respondent No.3 in the aforesaid facts and
circumstances referred the m..
Category: Others | Date: 15 Aug, 2005 | Hits: 6
Bangladesh Legal Aid and Service Trust (BLAST) Vs. Bangladesh & another, 2005, 34 CLC (HCD)
....VI of 2003), is declared unconstitutional and void. 45. In the result, the Rule is made absolute but without an order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 156. ...... 45. In the result, the Rule is made absolute but without an order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 156. ...... করা সমীচীন ও প্রয়োজনীয়; (The Underlines are mine). 17. It appears from the preamble that the character of the Gram Sharker would be of representative in nature (প্রতিনিধিত্বমূলক). Its purposes would be to involve the vill..Category: Constitutional Law | Date: 2 Aug, 2005 | Hits: 343
Sadeque @ Sadequr Rahman Vs. State, 2005, 34 CLC (HCD)
....er case. Send down the lower Court records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 498. ...... copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 498. ......ital at the relevant time, held autopsy upon the cadavers of Nayan, Liton, Suruj and Kazal and opined that the deaths were caused due to shock and hemorrhage which were ante-mortem and homicidal in nature. 18. P.W. 18, SI Md. Giasuddin of Shibpur Police Station partly investigated the case...Category: Procedural Law | Date: 27 Jul, 2005 | Hits: 9
Ashraful Alam (Md.) Vs. State, 2005, 34 CLC (HCD)
....petitioner Md. Ashraful Alain, ho is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 718. ......ail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 718. ......f the offence the guilt of the accused lies from first to last on the prosecution and the prosecution must disprove any defence of explanation raised by the accused, even if it appears affirmative in nature. 20. In the instance case, the allegation against the accused petitioner that he violate..Category: Family Law | Date: 4 Jul, 2005 | Hits: 2
Saeeda Yasmin and others Vs. Capital Service Center Ltd and others, 2005, 34 CLC (AD)
....t for sale of land, as such, the High Court Division was not in error in maintaining the order of the trial Court allowing the prayer for amendment. Accordingly the petition is dismissed. Ed. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tofazzul Islam J Saeeda Yasmin and others......................... consideration of the application for amendment of the plaint and the objection filed thereto as well as the other materials has quite correctly found that the proposed amendment would not change the nature and character of the suit and that on consideration of the materials on record we are also of..Category: Procedural Law | Date: 29 Jun, 2005 | Hits: 98
Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)
....t Judge, 2nd Court, Rajshahi in Miscellaneous Appeal No.50/2004 is hereby set aside and that of the trial Court is affirmed. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 5. ......urisdiction) Present: Md. Abdul Aziz J Md. Abu Aslam Advocate, Member, Rajshahi District Bar Accociation………………Petitioner Vs. Rajshahi University, Rajshahi being represented by its Vice Chancellor and others…………………………………………...... and without fulfilling the terms of the circular dated 4.11.1997 issued by the Registrar of the University inter alia and illegally in order to remove the existing sets of employees of the same nature, that the appointments were made whimsically which is clear from the office order dated 3..Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7
Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)
....set at liberty at once, if not required in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 513. ......on with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 513. ......ow of doubt on the basis of clear, cogent, credible and unimpeachable evidence, question of indicting or punishing an accused does not arise. Justice delivery system cannot be carried away by heinous nature of crime or by gruesome manner in which it was found to have been committed. Mere suspicion, ..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
Abdul Momen Chowdhury and others Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....respondent No.1 is directed to provide necessary logistic support for the purpose to the respondent No.2. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 9. ......upport for the purpose to the respondent No.2. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 9. ......LR (AD) 111. While interpreting Article 172(2) of the Constitution our Appellate Division held as under:— 84. The grant of legislative power in the proviso to Article 117 (2) is Plenary in nature. Anyone denying a particular power, or alleging a limitation on a, must show that the po..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)
....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. ......2 Registrar, Department of Patents, Designs and Trade Marks forthwith. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ......s. Even given that reality, the same does not, however, detract from the fact that the said standards and/or requirements shall always hold sway over and have an overriding effect notwithstanding the nature otherwise of any inter-party dealings, acquiescence in and trade-off struck for business expe..Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187
Sheikh Abdul Quddus Vs. Akram Sheikh @ Akram and others, 2005, 34 CLC (HCD)
....ate of receipt of this order to serve out their remaining portion of sentence imposed upon them. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (HCD)(2005) 650. ......maining portion of sentence imposed upon them. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (HCD)(2005) 650. ......thereafter he took his father to Kushtia Sadar Hospital for treatment and after examining him, the doctor issued injury certificate. He proved the first information report marked exhibit 1 and his signature therein marked exhibit‑1/1. He stated in his cross examination that the house of Sohel, Moh..Category: Evidence Law | Date: 16 May, 2005 | Hits: 4
State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)
....roceeding on the ground, inter alia, that no name of any accused has been mentioned in the F.I.R.; that the confessional statement of one of the accused namely Kazi Saiful Islam dated 29.6.96 is exculpatory and cannot be accepted as evidence and cannot be relied upon. The name of accused respon...... aside and the accused respondents are directed to appear before the trial Court to face the trial in accordance with law. Ed. ......learned Counsel further submitted that in exercise of its inherent power, the High Court Division has rightly found that the confessional statement is exculpatory and narrative or informative in nature, as because on being accompanied by the accused namely Saiful Islam alias Kislu the confessin..Category: Criminal Law | Date: 16 May, 2005 | Hits: 105
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