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Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ......to the victim. 11. It appears that the weapon used was a lethal one and the injury was grave in nature caused at the lower part of the body sufficiently demonstrating both by words and action that the condemned prisoner‑petitioner had intention to cause the death or causing suc..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
BRTC Vs. Md. Esken Mollick and anr., 2004, 33 CLC (AD)
....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. ...... PM being drunken he entered into the Bus Depot of BRTC and assaulted his colleagues and on the said allegation proceedings were drawn against him and he was asked to show cause as to why punitive action should not be taken against him for trespassing into the office of the Deputy Manager (Tech)..Category: Labour and Industrial Law | Date: 16 Mar, 2004 | Hits: 99
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
....passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ......days but the same was not taken within the specified time as required by Rule 12. It was also the contention of the petitioner that lie was deprived of reasonable notice before taking the impugned action against him. 3. The High Court Division while rejecting the application summari..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)
....nt District Judge is directed to hear and dispose of the suit within a period of three months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 317. ......l Court committed a serious error in allowing the prayer for addition which has resulted in failure of justice. 5. Secondly, he submitted that in the instant suit third party has got no cause of action to be added as he could not get any step whatsoever for enforcement of his agreement. Th..Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ......ed from the Latin "debere" 'meaning to owe, "debitum" meaning something owed. It is a common-law word of technical meaning. In a purely technical sense it is that for which an action of debt or "indebitatus assumpsit" will lie. 13. In Halsbury's Laws of Eng..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)
....inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ......le of res gestae as applied in this case. 9. Section 6 of the Evidence Act provides that facts which, though not in issue, are so connected with a fact in issue as to form "part of the same transaction", are relevant, whether they have occurred at the same time and place or at different times a..Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164
Govt. of BD. rep. by Sec., Min. of Post, T&T & ors. Vs. Abul Khair, 2004, 33 CLC (AD)
....llate Tribunal when apparently the respondent has not been dealt with in accordance with law following, the principles of natural justice. The petition is dismissed. Ed. ......ry Officer and the authority took the decision on the basis of enquiry report on serving second show cause notice in accordance with rules. There is no illegality in the matter of taking disciplinary action against the respondent and, as such, the case is liable to be dismissed. 4. The ..Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
....e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......lding No. 67, Motijheel Commercial Area, Dhaka, filed Writ Petition No. 288 of 1985 challenging the validity of Government orders declaring the aforesaid property as abandoned and also challenged the action of the Government inviting offers to sell the aforesaid property contending that the above ho..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
Category: Employment/Service Law | Date: 17 Jan, 2004 | Hits: 120
Secretary, Ministry of Health and Family Welfare & others Vs. Parvin Sultana, 2005, 34 CLC (AD)
....illegality in the impugned Judgment of the High Court Division calling for our interference. Accordingly, this petition merits no consideration. Hence, it is dismissed. Ed. ......nless they are not listed and that any transfer would be deemed by way of harassment but the petitioner who has not been enlisted in the said list has been transferred which is deemed to be an action against her for her trade union activities and the order of transfer is simply an act of har..Category: Constitutional Law | Date: 10 Jan, 2004 | Hits: 246
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. ......t in law would not stand in the way of the petitioner to move this Court under section 46 of the Act inasmuch as an application in the instant case under section 46 of the Act arose on fresh cause of action after granting registration to the mark of the opposite party No.2 and in support of his cont..Category: Intellectual Property Law | Date: 15 Dec, 2003 | Hits: 18
A & E Products Group LP and others Vs. Md. Mohiuddin Ahmed and others, 2003, 32 CLC (AD)
....respondents. In that view of the above, we do not find any substance in the submissions of the learned Counsel for the petitioners. The petition is dismissed. Ed.This Case is also Reported in:......ed hangers to the great detriment of the plaintiffs petitioners. and causing serious irreparable loss inasmuch as section 20(2) of the Trade Marks Act, 1940 allowed the plaintiffs-petitioners to take action against any person for 'passing of' goods as the goods of that person and taking into conside..Category: Intellectual Property Law | Date: 14 Dec, 2003 | Hits: 264
Syed Md. Anwarul Haque and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
.... This Case is also Reported in: 57 DLR (2005) 248. ......Registrar and give him unlimited area jurisdiction to perform his functions in the absence of guideline of the legislature. The unfettered power allows the respondent-Government to exercise arbitrary action and not in accordance with law and it is violative of the basic fundamental rights of the cit..Category: Family Law | Date: 9 Dec, 2003 | Hits: 4
Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209
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. ......declaring an order or an act done or proceeding taken to be without lawful authority and of no legal effect. Thus the Court could interfere only when a person proceeded against has done the act or action taken is vitiated by an act of lack of jurisdiction or by being in excess of jurisdiction.&n..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. ......laring the order dated 29‑5‑1994 (Annexure T to the writ petition, canceling lease of the writ petitioners) to have been made without lawful authority and is of no legal effect and the subsequent actions thereto including the 2nd allotment dated 6‑6‑1994 (Annexure 'J' to the writ petition) t..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. ......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. ..Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1
Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)
....; 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......rty as well as by the defendant No. 5 (Respondent No. 6 herein) by filing separate sets of written statements. The case of the contesting defendant Nos. 1 and 2 was that plaintiffs had no causes of action for the suit and the Suit has been filed to grab the land of the government raising claim on..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
Abul Kashem Khan Vs. State, 2003, 32 CLC (HCD)
....rvations made in the body of this judgment. Communicate the order to the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 431. ...... said Ain by stating grounds, even though FRT was submitted in favour of the accused. In the instant case before us, it is found, before acceptance of the FRT by the Tribunal or before its taking any action on it, the petitioner submitted a narajee petition containing allegations against the police ..Category: Women and Children | Date: 27 Aug, 2003 | Hits: 157
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....be eligible for grant of relief. It can, also, be said that cause of action presupposes the existence of a right in plaintiff which right has either been infringed or is threatened to be infringed. Cause of action cannot be construed in an isolated way and whole averments made in plaint are to be ......laintiff Bank. Defendants and their associates threatened Plaintiff Bank to make forcible entrance on suit property and illegally dispossessed Plaintiff Bank and that dispossession gave rise cause of action on part of Plaintiff Bank to lay the suit before Court. The Suit was, thereafter, renumber..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35