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Mirpur Mazar Co-Operative Market Society Ltd. Vs. Capital Tower (Pvt) Ltd & Ors., 2006, 35 CLC (AD)
....mode of allotment of the plot in question. 12. In view of the discussions made herein over we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ......ussions made herein over we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ......and registered in favour of the defendant No. 6 in that case the said lease deed be declared as void. There was also a prayer for mandatory injunction against the defendant Nos. 1-5 for restoring the nature of the land in suit to its position as was prior to leasing out the land to the defendant No...Category: Property Law | Date: 18 Jan, 2004 | Hits: 86
Abdul Bashir alias Bashu Vs. State, 2004, 33 CLC (AD)
....dge, Mymensingh, to take steps in accordance with law in the light of the judgment passed by the said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ......he judgment passed by the said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ......ence of the alleged eye‑witnesses or in the evidence of the witnesses who immediately after the incident arrived at the place of occurrence were not considered. The submission so made is of general nature. It has not been specifically submitted or brought to our notice which particular contradicti..Category: Criminal Law | Date: 18 Jan, 2004 | Hits: 98
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. ......, get up and design. There will be no order as to costs. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 233. ......ect and safeguard his business interest over his manufactured "Aziz Biri" products got his trade mark registration of the aforesaid trade mark "Aziz Biri" with all its descriptive nature of label and get up from the Trade Mark Registry, Government of Bangladesh, namely the opposi..Category: Intellectual Property Law | Date: 15 Dec, 2003 | Hits: 18
Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)
.... Division in Writ Petition No. 1900 of 2003 making the Rule absolute are hereby set aside and the Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......¦â€¦â€¦â€¦â€¦.Respondents Judgment December 10, 2003. Result: The appeals are allowed. The Constitution of Bangladesh, 1972, Article 102 Whether Writ petition challenging award of contract is maintainable? Where there is no decision contrary to the terms of th...... Development Project (PIRDP) in order to save about two million people of two projects who were vulnerable to river erosion and flood affecting their homes, cultivable lands and their livelihood. The nature of work is such that it can be implemented effectively during the dry season. The main materi..Category: Others | Date: 10 Dec, 2003 | Hits: 261
Ershad Ali Sikder (Md) Vs. State, 2003, 32 CLC (AD)
....ials on record has arrived at the correct decision. For the reasons and discussions made above the leave petition is dismissed Connected Jail Petition No. 7 of 2003 is also rejected. Ed. ...... reasons and discussions made above the leave petition is dismissed Connected Jail Petition No. 7 of 2003 is also rejected. Ed. ......ow 0.5" x skin depth. Death of the deceased Khaled in the opinion of doctor was due to shock and hemorrhage as a result of the above mentioned injuries which were ante mortem and homicidal in nature. 4. Police during investigation visited the place of occurrence, seized i..Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122
State Vs. Md. Awal Fakir, 2003, 32 CLC (HCD)
....the terms of the judgment recorded by Nari‑o‑Shishu Nirjatan Daman Adalat, Narail. Lower Court's Record be sent down at once. Ed This Case is also Reported in: 56 DLR (2004) 647. ......hishu Nirjatan Daman Adalat, Narail. Lower Court's Record be sent down at once. Ed This Case is also Reported in: 56 DLR (2004) 647. ...... the upper part of the left breast. (Crescentive shape). Death, according to him, was due to shock and hemorrhage as a result of above mentioned injuries which were ante-mortem and homicidal in nature. e. Evidence of PW 2 Naher Begum, PW 3 Jitendra Nath Biswas and PW 4 Monika Biswas. Evid..Category: Women and Children | Date: 7 Dec, 2003 | Hits: 178
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. ...... Supreme Court Appellate Division (Civil) Present: Md. Fazlul Karim J Md. Hamidul Haque J Md. Tofazzul Islam J Superintendent (now General Manager), James Finlay PLC and another................. Appellants Vs......e petitioners, submits that the High Court Division in the writ jurisdiction is not a Court of Appeal and it has no jurisdiction to send a case back on remand in exercise of a jurisdiction in the nature of certiorari. Secondly, he submits, the observations which the Labour Court were directe..Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
.... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ......e find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ......rticle 102 (2) or any other provision of the Constitution preclude it to do so. …………..(28) The Evidence Act, 1872 (I of 1872), section 43 The law permits the Court to compare the signature of a person with his admitted signature. But it is safe and sound to leave the matter of exam..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)
....e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ...... hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ......de the jurisdiction of a Magistrate under section 145 CrPC. Action can, of course, be taken always under sections 107 and 151 of the Criminal Procedure Code to prevent breach of peace in case of this nature, but no order by a criminal court for attachment of the property drawn by the learned Magistr..Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ......o. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ......arter and converted some of the land into salt bed and some portion as agricultural land and have been growing salt and agricultural products. The second party men are most dangerous and desperate in nature and having no respect for law and order and no right, title and interest over the case land h..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
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. ......is dismissed. There is no order as to costs. Ed. ......f the suit upon contradictory findings and in holding that the plaintiff is entitled to negative relief although relief sought was not negative one and the decree passed is also not of the negative nature. The learned Counsel continued that there is total lack of particulars of facts to substant..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
State Vs. Md. Motiur Rahman & anr., 2004, 33 CLC (AD)
....ns 120(b)/302/380/201/212/114/411/34 of the Penal Code, rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ...... rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ......he learned Judges of the High Court Division while entertaining and granting bail to the accused respondents did not consider that the present case against the accused persons is grave and serious in nature having clear and specific involvement of the accused respondents and that the respondents are..Category: Criminal Law | Date: 12 May, 2003 | Hits: 74
Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)
....sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 132. ......ssed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 132. ......tion as permanent employees and therefore there was no basis or reason for the petitioners to have any kind of legitimate expectation with respect to absorption as permanent employees, in view of the nature of the contractual relationship and inasmuch as there could not be any expectation contrary t..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164
Amir Hossain Vs. MA Malek & others, 2004, 33 CLC (AD)
.... is no bar for the complaint case to proceed side by side with winding up proceeding. In view of the above, the appeal is allowed. Ed. This Case is also Reported in: 56 DLR (AD) 146. ......de with winding up proceeding. In view of the above, the appeal is allowed. Ed. This Case is also Reported in: 56 DLR (AD) 146. ......or winding up of the company at the same time will put the convict respondents under double jeopardy. 14. We have heard the teamed Counsel of both sides. Negotiable Instruments Act, by its nature, is not a cumbersome Act and the proceeding under section 138, once the offence is admitted, ..Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88
Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)
....s both seen and taken together would not bar the respondents to register the appellant's share. In view of the above the appeal is allowed without any order as to costs. Ed. ......the above the appeal is allowed without any order as to costs. Ed. ......garding restrictions on share transfer. The Acts proceed on the assumption that restrictions on transfer of shares are intended to be legitimately used for private companies, which are often in the nature of partnership or family concerns. This sub‑section is inserted so that a transferee ..Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286
Mobarak Hossain alias Mobarak Vs. State, 2004, 33 CLC (AD)
....titioner and other convicts unsustainable in law we find no reason to interfere with the judgment and order sought to be appealed. Accordingly, the petition is dismissed. Ed. ......d no reason to interfere with the judgment and order sought to be appealed. Accordingly, the petition is dismissed. Ed. ...... facts and circumstances of the case and the evidence adduced by the prosecution we have good reasons to believe that the PWs 11 and 12 doctors who examined the victim (PW 1) have, stated the correct nature of the injuries and have opined it a case of forceful sexual intercourse and we are to accept..Category: Procedural Law | Date: 24 Mar, 2003 | Hits: 121
Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).
....urt Division 'Further enquiry" is directed to be held. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 125. ......nbsp; This Case is also Reported in: 55 DLR (AD) (2003) 125. ...... is that the petitioner using a forged document before the Revenue Court tried to mutate his name in the record of right, the proceeding as initiated is illegal. He submitted that in a case of such a nature there must be a complaint by the Court itself in accordance with the provision of section 195..Category: Property Law | Date: 4 Feb, 2003 | Hits: 80
Abdur Rashid (Md) Vs. LGRD and Cooperatives, Local Government Division and others, 2003, 32 CLC (AD)
.... Accordingly, the petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 72. ......AD) (2003) 72. ......ive out of his office because of the view that his continuation in the office is undesirable from the administrative point of view. In the instant case it is seen that there was allegation of serious nature like misappropriation of fund of the Pourashava and that there has been an enquiry as regard ..Category: Others | Date: 27 Jan, 2003 | Hits: 89
Govt. of BD, rep. by the Sec., Min. of Defence & ors. Vs. Md. Afzal Hossain Ansari, 2003, 32 CLC (AD
....peal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 65. ......ted in: 55 DLR (AD) (2003) 65. ......pulsory retirement is not illegal. The question of quantum was not ordinarily considered. In this particular case the punishment awarded is found harsh and unreasonably severe in consideration of the nature of the charges" altered the punishment of compulsory retirement to stoppage of 3 annual ..Category: Administrative Law | Date: 8 Jan, 2003 | Hits: 122
Securities and Exchange Commission Vs. Abu Tyeb and 10 ors. 2003, 32 CLC (AD).
....aken by the Additional Metropolitan Sessions Judge in one session and not as directed by the High Court Division. All the appeals are allowed without any order as to costs. Ed. ......as directed by the High Court Division. All the appeals are allowed without any order as to costs. Ed. ......ure to produce documents have also made it difficult for the accused to decide whether a case lies against him or not. 13. Another reason, according to him, is that this is a case of special nature and does not fall within a normal FIR case as under section 25A of the Securities and Excha..Category: Criminal Law | Date: 17 Dec, 2002 | Hits: 76
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