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SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)

....smissions and Distribution Company Limited. It may be mentioned information which was lodged by SM Jillur Rahman on 9‑7‑1992 over the incident stated above a GD Entry was recorded since prior to that already an information was lodged with Tejgaon Police Station and a case was register...... 9. In view of our discussions made hereinabove we find no merit in this appeal.  The appeal, accordingly, is dismissed.  There is no order as to costs.  Ed. ......sain Talukder was appointed Special Public Prosecutors to conduct hearing of the Sessions Case No. 120 of 1993 of the 3rd Court of Additional Sessions Judge, Dhaka. The appointment was made by the Ministry of Law, Justice and Parliamentary Affairs (Solicitor Wing) Government of Bangladesh by the..

Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259

Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)

.... harassed is a good ground to invoke our inherent powers ……True, section 5A (Act II of 1947) allows a police officer having below the rank of the Inspector of police to file a charge‑sheet, but prior to that an order of the Magistrate, First Class, shall be necessary. In this case no such orde......on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ......on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ..

Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74

Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)

....issioner of a Pourashava, we are of the view in moving a resolution of no confidence upon alleging the situation as contemplated in section 13(1)(d), read with explanation thereto of the Ordinance prior adjudication thereof by the Court for taking the resolution for removal of the Chairman/ Comm......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. ......58 of 2003 summarily rejecting the same. The writ petition was filed impugning Memo, dated September 3, 2003 issued under the signature of Deputy Secretary (Pouro), Local Government Division of the Ministry of Local Government, Rural Development and Co‑operatives of the Government of Bangla..

Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269

Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)

....creditors within the meaning of section 245 of the Act. However, an ex­-employee of the company may become a creditor within the ambit of section 242(1) of the Act if his claim is determined in a prior suit by a competent civil Court but in the instant case admitted position is that the claim of......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. ......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. ..

Category: Company Law | Date: 3 Mar, 2004 | Hits: 8

State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)

....llah which is as follows: The occurrence took place on 24‑5‑97 at about 1.00/1.30 PM under Raipur Police Station. Shafali Begum, since deceased, has been given in marriage about 14/15 months prior to the date of occurrence with the condemned prisoner Mohammad Abu Taher. At the time of marri......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. ......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. ..

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. ......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. ......sp; Present:  Md. Ruhul Amin J Md. Fazlul Karim J MM Ruhul Amin J Md. Tafazzal Islam J  Government of Bangla­desh represented by the Secretary, Ministry of Post, Telegraph and Tele­ communication and others....................Petitioners ..

Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125

State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)

....ase, in short, as narrated by Sakhina Khatun (P.W.1) is as follows: 3. Deceased Shalema is her niece and wife of the condemned-prisoner Nazrul who was given in marriage with Nazrul about 5 years prior to the date of occurrence. In the said marriage they were blessed with a son aged about 4 1/2 ...... 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.         ...... 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.         ..

Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5

Mirpur Mazar Co-Operative Market Society Ltd. Vs. Capital Tower (Pvt) Ltd & Ors., 2006, 35 CLC (AD)

.... 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. 6.  3. Facts, in the background of which th......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. ......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. ..

Category: Property Law | Date: 18 Jan, 2004 | Hits: 86

Palli Daridra Bimo­chon Foundation (PDBF) Vs. PDBF Karmachari Union, Bangladesh & Others, 2004, 33 CLC (AD)

....Foreign Agencies and Organisations and the loan advance by the Government. It has also been contended that petitioner charges high rate of interest from its loanees. It has lastly been contended that prior to absorption of the members of the Trade Union in the management of the petitioner, they were......ioner as an industry. In view of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......ioner as an industry. In view of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..

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. ......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. ...... Supreme Court  Appellate Division (Civil)  Present: Md. Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J  Secretary, Ministry of Health and Family Welfare & others....Petitioners Vs. Parvin Sultana...

Category: Constitutional Law | Date: 10 Jan, 2004 | Hits: 246

Securities and Exchange Commission, represented by its Chairman Vs. Runa N Alam, 2004, 33 CLC (AD)

....irector, manager, or other official responsible to the company for conduct of its business shall be deemed as such to be guilty of the offences as the primary offending company or body corporate. But prior to holding any director, manager or other official responsible for an offence and convicted, i......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: ......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: ..

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)

....the opposite party No.1 in that the similar mark is already registered for the same kind of product in class-34 and thus obtained the instant registration fraudulently and since the petitioner is the prior registered owner of the mark is a person aggrieved within the meaning of section 46 of the Act......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

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:......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:......‑2002 requesting the defendant No. 3 to change its name. That in the meantime since the office of the Registrar was dragging the matter; the plaintiff No.3 made a written complaint to the Minister, Ministry of Commerce and prayed for intervention. Thereafter, the Assistant Secretary of the Ministr..

Category: Intellectual Property Law | Date: 14 Dec, 2003 | Hits: 264

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:...... 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:......dding (ICB) documents were prepared following the ADB guidelines by the consultants; the documents were duly concurred by the ADB and approved by the Bangladesh Water Development Board (BWDB) and the Ministry of Water Resources (MoWR). The tender was floated on 23‑9‑2002 and duly published on 25..

Category: Others | Date: 10 Dec, 2003 | Hits: 261

Syed Md. Anwarul Haque and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)

.... This Case is also Reported in: 57 DLR (2005) 248.                         ...... This Case is also Reported in: 57 DLR (2005) 248.                         ......hellip;..(22) Cases Referred to- Dr. Nurul Islam Vs. Bangladesh, 33 DLR (AD) 201; Ruhul Mannan Helali Vs. Government of Bangladesh and others, 8 BLC 34; Kazi Md. Amirul Islam Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs and others, 1996 BLD (AD) 110; Moulavi Mohammad K..

Category: Family Law | Date: 9 Dec, 2003 | Hits: 4

Kadamtala Purba Basaboo Uchcha Bidalaya & ors. V. Hasna H. Sarker @ Hasna Heba Sarker & others, 2003, 32 CLC (AD)

....r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages. Ed. This Case is also Reported in: ......r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages. Ed. This Case is also Reported in: ......e provision Appellants, contended that in view of section 10(4) of the Intermediate Secondary Education Ordinance (E. P. Ordinance No. XXXIII of 1963) and the letter of the controlling authority, the Ministry of education, dated 18‑10 1994 (Annexure‑1) and reply thereto from the Board of Interme..

Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209

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

Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)

....ed 2‑9‑90, "and in the circumstance' is all fairness the respondent Nos. 1 and 2 ought to have issued a fresh show cause notice upon the petitioners as contemplated by Clause 23 of the lease deed prior to the issuance of the letter of cancellation on 25‑5‑94" (sic) (in fact, allotment was ca...... 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. ...... House Building Finance Corporation kept in abeyance sanction of loan till 1993, that on November 9, 1994 the respondent No. 2 during his casual visit to the office of the Commissioner of Settlement, Ministry of Housing and Public Works, came to know that allotment of plot No. 40/1, Block‑F has be..

Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899

Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and ors., 2005, 34 CLC (AD)

....ment under the letters of credit dated 28‑9‑1999 and 12‑10‑1999 but nothing could be placed before us to show any condition precedent or that there was a legal condition for prior satisfaction of the amount under the master letter of credit prior to the satisfaction as to ......ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order.  The petition is dismissed.  Ed. ......ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order.  The petition is dismissed.  Ed. ..

Category: Business or Commercial Law | Date: 2 Nov, 2003 | Hits: 783

Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)

....ar on misconception of law and fact has affirmed the finding as to possession of tile first party appellant ignoring the fact that the case land was in possession of the second party respondent since prior to the alleged auction sale. 8. It appears from the record that the learned Magistrate, Co......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: ......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: ..

Category: Property Law | Date: 27 Aug, 2003 | Hits: 414