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Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ......Court that it was not established in fact the pathway, as claimed by the pre-emptees, that said to have separated the pre-emptor's land from the land sought to be pre-empted was a municipal road or a recorded path, rather it is seen that the claimed 3' width brick built pathway or 'ail' is for the u......rein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ...... accepted. The mere fact that notice of the mutation proceeding has not been served on the respondent can not defeat the final order passed by the Revenue Officer when on the basis of that a separate khatian was opened and rents paid by the petitioner-respondent. The non-filing of petition for mutat..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
....e, in the case of any dispute relating to execution of the work, Superintendent Engineer, LGED of the District for the time being was named as the sole arbitrator for arbitration. 'XEN’ was wrongly typed in place of Superintendent Engineer, as Mr. Shafique Ahmed showed us from printed BD F......tor also allowed claims No.10(i), ii(a), iii(a), iv, v, vi(a) and (b) for Taka 23,04,600 for loss and damages for payment on account of the staff and workers' salary for sitting idle. 37. He recorded that he examined the expenses which the contractor had to defray and pay due to default of ......also Reported in: 57 DLR (2005) 656. ......d dated 22‑6-2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3
Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)
.... 14. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......ishment imposed was illegal or vitiated by procedural impropriety, rather the AAT had held that "there has been no procedural defect in the departmental proceeding". The AAT has also not recorded any finding as to irrationality of the punishment awarded nor it has held that the decisio......peal is allowed. There is no order as to costs. Ed. ...... 14. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130
Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)
....ave been executed by the respondent and to decide the appeal iii accordance with law. The plaintiff of the suit shall bear the costs of the examination by the Handwriting Expert. Ed. ......ively for the sum of Taka 5,03,400 with interest and the defendant (Nirmal Chandra Dutta) contested the suit filing written statement and that during pendency of the suit evidence of Md Nurul Huq was recorded in part but later the suit ended in sole decree and coming to know of the same the responde...... bear the costs of the examination by the Handwriting Expert. Ed. ......ave been executed by the respondent and to decide the appeal iii accordance with law. The plaintiff of the suit shall bear the costs of the examination by the Handwriting Expert. Ed. ..Category: Property Law | Date: 5 Apr, 2004 | Hits: 103
SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)
.... 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. ...... Titas Gas Transmissions 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 ca......is dismissed. There is no order as to costs. Ed. ...... 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. ..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259
Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
....n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed....... the rate of Taka 1,200 and lie paid the rent upto March, 1983 and thereafter stopped payment of rent, that in 1987 he (defendant) came to know that the plaintiff No. 1 got the electricity connection recorded in his name by striking off the name of the defendant and thereupon he filed an application......of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed.......n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed...Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
Govt. of BD. rep. by Sec., Min. of Post, T&T & ors. Vs. Abul Khair, 2004, 33 CLC (AD)
....itted that the Administrative Tribunal rightly held that rule VII and X of the Government Servants (Discipline and Appeal) Rules 1985 have been complied with and the Administrative Appellate Tribunal wrongly held otherwise. The learned Advocate‑on‑Record lastly, submitted that during the......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. ......he 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. ..Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
.... then moved this Division and leave was granted to consider whether the High Court Division failed to consider the affidavit‑in-Âopposition of the appellants, particularly Annexure Ga thereto, and wrongly held that the appellants could not produce a single paper to show that their predecessor lat......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. ......n of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......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. ..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
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. .......6). Haji Abdul Dhabak (P.W.7) and Rokeya Khatun (not examined) blurting out that she killed her husband. Anjuara Khatun, also, confessed her guilt by way of judicial confessional statement which was recorded by Md. Bazlur Rahman (P.W.8), Magistrate, First class under section 164 of the Code of Crim......ife. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277. ......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. ..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
Abdus Sattar (Md) and ors. Vs. Lalon Mazar Sharif & Seba Sadan Committee & ors., 2004, 33 CLC (AD)
....and have been in, possession. At the time of SA Operation 0.77 acres of land out of 1.43 acres of land was correctly recorded in the name of the plaintiff in Khatian No. 191 but 0.30 acre of land was wrongly recorded in the name of Chomar Promanik, the predecessor‑ in‑interest of the def......d appertaining to CS Khatian No. 174 belonged to Bholai Shah Fakir and Sital Shah Fakir in equal share and the CS record was accordingly prepared and finally published. After the death of the said CS recorded tenants Pari Nesa, Abdul Gafur. Elach Nesa, Osiran Nesa, Noorjahan and Amena Khatun inherit......ference is called for. Accordingly, this leave petition is dismissed. Ed. ......onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for. Accordingly, this leave petition is dismissed. Ed. ..Category: Property Law | Date: 11 Feb, 2004 | Hits: 127
State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)
....punishment for the offence he had committed. 16. The learned Advocate appearing for the condemned-prisoner submitted that the, learned Additional Session Judge misread the evidence on record and wrongly held that the defence has failed to prove the insanity by adducing reliable evidence. He fur......sed to chase people within his reach and that he killed his wife after he untied himself. 11. Mahbuba Hasmat (P.W.6) stated that on 15‑2-98 she was a Magistrate 1st Class, Kishorgonj, that she recorded the statement of Nazrul Pagla under Section 164 CrPC. She proves that statement Exhibit 2 h...... 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
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. ......wal Mia for Md. Muzibur Rahman - For petitioner. Md. Shoyeb Khan - For opposite party No.1. Civil Revision No.4822 of 2000. Judgment AK Badrul Huq J.- A Judgment of volte face recorded by learned Appellate Judge in Miscellaneous Appeal No.8 of 1999 overruling rendered by lea......gment January 20, 2004. Result: The rule is discharged. Right of Pre-emption Right of Pre-emption is a statutory right conferred upon a co-sharer either by way of a. inheritance or b. purchase or contiguity of the land transferred, and that right can be defeated on...... 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. ..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. ......bors from whom they learnt that the condemned prisoner assaulted Shamima to death for dowry. Therefore, these statements are not legally admissible in law. The learned Judge of the Tribunal illegally recorded the statements of the witnesses or, in the alternative, he illegally allowed the public pro......dance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ......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. ..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: ...... bodies to the morgue, PW 14, the Medical Officer, who administered treatment to PW 5 who was grievously injured by the strokes of 'Dao' inflicted by the condemned prisoner, PW 16, the Magistrate who recorded the confessional statement of the conÂdemned prisoner and PWs 15 and 17 investigated the c......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: ......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: ..Category: Criminal Law | Date: 18 Jan, 2004 | Hits: 98
Securities and Exchange Commission, represented by its Chairman Vs. Runa N Alam, 2004, 33 CLC (AD)
....hout his knowledge. He lastly submits that the High Court Division failed to take notice of the provision of section 24(2) of the Securities and Exchange Ordinance, 1969 in its proper perspective and wrongly discharged the accused‑respondent from the instant case." 2. This appeal is directed a......SE and in foreign DVP sales they are the 2nd biggest seller, selling 34,26,866 shares of different companies valued at Tk. 85,10 crore. Shown below a comparison of their sale miDVP and local sales as recorded by DSE. Name of the Company Total Sales as per DSE Record ......ssions 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)
....he same is available to an opponent also and an application for rectification can be filed on limited grounds only, i.e., if any entry is made in the registry without sufficient cause or if any entry wrongly remains in the Register. This power conferred on the Tribunal by section 46 of the Act is al......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. ......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)
....d the order of ad interim injunction and, as such, the judgment and order passed by the High Court Division is liable to be set aside. The learned Counsel further submits that the High Court Division wrongly and improperly dismissed the appeal in spite of the findings and observations that the Court......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:...... (Civil) Present: KM Hasan CJ Md. Fazlul Karim J Hamidul Haque J Md. Tofazzul Islam J A & E Products Group LP and others………Petitioners Vs. Md. Mohiuddin Ahmed and others……… Respondents Judgment December 14, 2003. Result: The......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:..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)
....oners contend writ petitioner No. 1 was lowest in lot Nos.1 and 4 after applying the 15% domestic preference and, as such, these two lots ought to have been awarded to them; the BWDB authorities have wrongly added VAT to the price quoted by the writ petitioners, though the writ petitioner being a lo...... 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...... 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:..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. ......ure and on completion of investigation submitted charge‑sheet in the case. 5. One Noor Alam, bodyguard of condemned‑prisoner Ershad Ali Sikder made confessional statement which was recorded under section 164 of the Code of Criminal Procedure by PW 6 Md Sabir Ahmed, Magistrate, 1st...... reasons and discussions made above the leave petition is dismissed Connected Jail Petition No. 7 of 2003 is also rejected. Ed. ......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. ..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. ......ictim of crime was washed by Dr. Shyamal Krishna Saha (PW 11) who found no poison in the stomach and, on the other hand, death was assigned to injuries caused upon her and in view of positive opinion recorded by Dr. Shyamal Krishna Saha (PW 11) as to the cause of death question of asking for a visce......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 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. ..Category: Women and Children | Date: 7 Dec, 2003 | Hits: 178
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