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State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
....Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277. ......t AK Badrul Huq J.- Paradigm of taking life of wife by husband, whether for dowry or for any other cause is not rare but archetype of doing to death by wife of husband is sporadic. This criminal proceeding by way of Death Reference is a phenomenal case of murder of husband by wife. Husband Tipu..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. ...... record of Sessions Case No.31/92 and none of the witnesses made any statement relating to that case. We failed to understand how the learned Additional Sessions Judge took judicial notice of another proceeding and used the same against the condemned-prisoner. He fails to notice the previous judgmen..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. ......d the claim of pre-emptor first opposite party on presentation of a written objection putting forward contention: i) The transfer was not an out and out sale and sale deed under pre-emption proceeding was accompanied with an agreement of re-conveyance and the land was under a mortgage by..Category: Property Law | Date: 20 Jan, 2004 | Hits: 6
State Vs. Bahar Miah, 2004, 33 CLC (HCD)
....he offence for taking necessary steps in accordance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ......t the stage of taking cognizance of the offence. The expression 'cognizance' refers to a stage of mental condition at which the Magistrate or the Judge, as the case may be, decides whether a judicial proceeding against an accused person for placing him on trial on the accusation made against him. No..Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163
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: ......cted several blows by 'Dao' in different places of his body and he died. The said incident was witnessed by Hazrat Ali's mother Julekha Khatun (since deceased) and she while upon raisin‑, alarm was proceeding towards her son Hazrat Ali the condemned prisoner attacked her and inflicted blows by 'Da..Category: Criminal Law | Date: 18 Jan, 2004 | Hits: 98
Hafizur Rahman & another Vs. State and others, 204, 33 CLC (HCD)
....7‑10‑2001 is hereby recalled. Communicate this order to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 588. ...... Judgment Md. Ali Asgar Khan J.- This Rule on an application filed under section 561A of the Code of Criminal Procedure was issued calling upon the opposite parties to show cause as to why the proceeding of GR Case No.382 of 2000 arising out of Dhanmondi PS Case No.49(2) 2000 under sections 3..Category: Criminal Law | Date: 17 Jan, 2004 | Hits: 3
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: ......the record of the case and the documents submitted therewith and upon hearing the submissions of the accused and the prosecution to come to a considered finding that there is no sufficient ground for proceeding against the accused and while discharging the accused the Court shall record the reasonin..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. ......ore in effect contended that the doctrine of res judicata is not attracted in such a case. 11. In the facts and circumstances of the case it is to be decided whether issues decided in opposition proceedings between the parties are res judicata in rectification proceedings. It should be remember..Category: Intellectual Property Law | Date: 15 Dec, 2003 | Hits: 18
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. ...... (In Criminal Appeal No. 1019 of 2001). Death Reference No. 17 of 2001 Criminal Appeal No. 1019/2001 Jail Appeal No. 1059 of 2001. Judgment AK Badrul Huq J. - This Criminal proceeding by way of Death Reference and, also, Criminal appeal and Jail appeal puts on display a pa..Category: Women and Children | Date: 7 Dec, 2003 | Hits: 178
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. ......of appointment was issued by the Secretary of the Ministry concerned in accordance with provisions of article 55(4) of the constitution. It is true that the respondent was dismissed in a departmental proceeding under provisions of the Government Servants (Discipline and Appeal) Rules, 1985. Under Ru..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. ......ondent No. 1 is not in accordance with law and the same is liable to be set aside." 7. The exercise of jurisdiction under certiorari empowers High Court Division to declare a proceeding to have been taken without lawful authority and of no legal effect which includes either..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. ......ew application without applying its judicial mind to tile new evidence placed before it. 10. The learned Counsels appearing for the appellants in Appeal Nos. 152 and 155 have submitted that the proceeding initiated upon a writ petition before the constitution Bench of the High Court Division i..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Abul Bashar and ors. Vs. Prafulla Kumar Das & ors., 2004, 33 CLC (AD)
....Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel. Ed. ......er 19, 2000 (order No. 16 dated 19‑92000) of the Court of Senior Assistant Judge, Charfesson, Bhola, in Title Execution Case No. 1 of 1999 rejecting the application seeking stay of further proceedings of the said Execution Case. The Execution case was filed pursuant to final decree dated ..Category: Property Law | Date: 2 Nov, 2003 | Hits: 96
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. ......each other. There was an apprehension of imminent breach of peace and loss of lives. The Officer-in-Charge of the Boalia Police Station thus urged upon the Chief Metropolitan Magistrate to initiate a proceedings under section 145 of the Code of Criminal Procedure, attach the disputed property and ap..Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1
Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)
....6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ...... record of evidence‑wheneven any document is produced before any Court, purporting to be a record or memorandum of the evidence, or of any part of the evidence, given by a witness in a judicial proceeding or before any officer authorised by law to take such evidence or to be a statement o..Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107
Jashimuddin Vs. State, 2004, 33 CLC (AD)
.... against the impugned judgment and order dated 9‑2‑2002 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 2364 of 2002 discharging the Rule for quashing under section 561A of the Code of Criminal Procedure the judgment and order of conviction a......cted and sentenced. 6. We do not find any infirmity with the impugned judgment for our interference. The petition is accordingly, dismissed. Ed. ..Category: Criminal Law | Date: 26 Oct, 2003 | Hits: 79
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....y judgment and order dated 13‑7‑1997 affirming the judgment and order of the Magistrate, against which the second party respondents filed under section 561 A of the Code of Criminal Procedure for quashing the impugned order dated 13‑7‑1997 passed by the Additional Sessions Judge, Cox's Bazar...... the income of the property to the winning party in the Civil Court. If the first party appellant Nos. 1 and 2 fails to file a suit as per above direction within the stipulated period of one year the proceeding under section 145 of the Code of Criminal Procedure shall stand dropped and the second pa..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....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. ......s.6-12. Md. Zakir Hossain with Khandker Khaliqur Rahman and Narayan Chandra Mondal, Advocate - For Respondent Nos.2and 13. First Appeal No.9 of 2000. Judgment AK Badrul Huq J.- This civil proceeding by way of First Appeal before this Court depicts a lamentable episode and an apt paradigm..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Shafiqul Islam Vs. Government of Bangladesh and another, 2003, 32 CLC (AD)
....d period provided by law. In the circumstances we find no substance in the petition. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 37. ...... allegations of offence under section 161 of the Penal Code read with section 5(2) of Act II of 1947. As the prosecution failed to produce any witness within the specified period of time the criminal proceeding was stopped under section 339(C) (4) of the Code of Criminal Procedure and the petitioner..Category: Administrative Law | Date: 23 Aug, 2003 | Hits: 128
DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)
....sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ...... Section 151 of the Code of Civil Procedure provides inherent power of the court whereas section 153 of the Code of Civil Procedure empowers the court to amend any defect or any error in any proceeding of the suit at any time. Lawyers Involved: Dr. Md. Zah..Category: Civil Law | Date: 20 Aug, 2003 | Hits: 291