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

....n stage is, generally speaking, outside the purview of the Court and involves employment of any Court process and, as such, it is difficult to include the actions of investigation agencies within the scope of judicial process. The circumstances of each case, in which the inherent power is invoke......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

Chittagong City Corporation, represented by its Mayor and 3 others Vs. Md. Afzal Hossain and others, 2004, 33 CLC (HCD)

....t would equally be an industry in the hands of a Corporation. 15. In the case of Bangalore Water Supply and Sewerage Board Vs. A Rajappa AIR 1978 SC 548 the Supreme Court of India considered the scope of the word "industry' as defined in section (j) of the Industrial Disputes Act 1947....... In the result, the Rule is made absolute with the above observations and directions. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 741.   ..

Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4

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

....24, sub­-section (v), the word "debt" finds its place and it has been stated that the company is liable to be wound up when it is unable to pay its debts. So, in order to appreciate the scope of the arguments advanced by the learned Advocates let us examine the law and ascertain the le......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

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

....tion. The High Court Division rejected the contention of the writ petitioner that the Labour Court passed the order in its absence upon observing as per provision of section 8 of the IRO there was no scope for making the writ petitioner a party in the appeal since in the appeal legality of the order......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

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

....en recorded in DSE trading. They indirectly, are mainly a seller; most of the sales are in big volumes likely to be those of big holders of shares. Major buyers also seem to be selective, which leave scope for influencing market. Their trading in other major issues during the period under review was......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)

....s published anybody in this world can approach the Registrar opposing the registration of the mark and generally that is done either on the ground of offending section 8 or section 10 of the Act. The scope under section 10 is some how limited inasmuch as only a registered owner of a mark can resort ......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

Dr M A Mazed & ors. Vs. Bangladesh represented by the Solicitor, 2004, 33 CLC (AD)

.... of acquittal is entertainable by the High Court Division after expiry of 60 days from the date of an order of acquittal and the special limitation under section 417(3) of the Cr. P. C. "left no scope for application of section 5 of the Limitation Act inasmuch as there being no cogent reas......ackground of the discussions made hereinbefore we find no merit in this appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 164. ..

Category: Procedural Law | Date: 10 Dec, 2003 | Hits: 108

Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)

....er no circumstances be termed to be conditional. Then with reference to letter dated 1‑2‑2003 issued by the learned Counsel of the respondent‑writ petitioner, he has submitted that there was no scope for consideration of the same inasmuch as under clause 28.2 the said letter having the effect ...... 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

State Vs. Md. Awal Fakir, 2003, 32 CLC (HCD)

.... no discretion to award sentence less than the sentence prescribed. In section 6(2) of the Ain of 1995 only death sentence has been prescribed and when the offence under section is proved there is no scope left for the Court for awarding lesser sentence on any ground whatsoever. 36. In the prem......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

Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)

....p; 17. In the said decision a passage was quoted from the case of Lesson vs. General Council of Medical Education and Registration reported in 43 Chancery Division 366 on the scope of domestic enquiry:    "There must be due inquiry. The a......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. ..

Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106

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

.... that the jurisdiction is the creation of the statute and as the Constitution is silent as to power of the High Court Division to review its judgment and order passed in writ jurisdiction there is no scope for entertaining the application for review and to review the judgment or order passed by the ...... 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. ..

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

Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)

....f the remaining 0.0325 acre of land, According to the learned Sessions Judge, there being a decree in favour of 1st Party opposite party No.1, regulating possession in his favour there was hardly any scope to interfere with the same in a proceedings under section 145 of the Code of Criminal Procedur......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

Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)

....y the Magistrate who recorded the statement of the victim under section 164 of the Code of Criminal Procedure was not produced before the tribunal for examination. For all these reasons, there was no scope of placing reliance upon the above statement recorded under section 164 of the Code of Crimina......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. ..

Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107

Abul Kashem Khan Vs. State, 2003, 32 CLC (HCD)

....¦¤à§‡ পারিবে। 8. It does not appear from the aforesaid provisions of section 27 of the Ain that after submission of police report recommending discharge of the accused there was any scope for the informant to submit any narajee petition against such FRT. It, however, conferred juri...... As a result he made a GD entry being No. 1290 dated 24‑10‑2001 at Daudkandi Police Station. It was further alleged by him that two of the accused of the aforesaid arson case on being released on bail asked the informant-petitioner to withdraw the case and also to pay them a sum of Taka 1,00,000..

Category: Women and Children | Date: 27 Aug, 2003 | Hits: 157

Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)

....0, AIR 1925 PC 36, AIR 1979 SC 114, (1911) 1 KB 410, (1953) 2 QB 18, AIR 1975 SC 1810, 9 PLR (Dhaka Series) 477 and 8 BLC (AD) 111. The principle enunciated in the aforesaid cases that outside the scope of section 42 of the Specific Relief Act declaration can be sought for, in our opinion can ha......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. ..

Category: Property Law | Date: 18 Aug, 2003 | Hits: 216

Bangladesh Vs. Md. Matiur Rahman and another, 2006, 35 CLC (AD)

....2 to release the goods. So the question involved in the appeal relates to legality of the ad interim order.  9. In that view of the matter, in our opinion in the present appeal there is no scope to consider the prayer of the Respondent No. 2 to release the goods to it on payment of t......on on acceptance of the customs duty and other levies to be assessed by the Customs Authority is stayed till disposal of the writ petition.  There is no order as to costs.   Ed. ..

Category: Business or Commercial Law | Date: 26 Jul, 2003 | Hits: 128

Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)

....ned Ad­vocate appearing as amicus curiae, then ad­dressed us on this issue. He submitted that this contempt petition, in fact, calls for ap­praising two vital questions in determining the scope of contempt. This Court firstly has to decide if the order violation of which is com­plain......in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in:  26 BLD (HCD) (2007) 515. ..

Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13

State Vs. Md. Motiur Rahman & anr., 2004, 33 CLC (AD)

.... Mr. Alam. Over and above, the witnesses have made statements under section 161 of the Code of Criminal Procedure. Further, the case is still under investigation stage; therefore, there is hardly any scope to weigh the evidence that are available against the accused respondents; this is not a stage ......itnesses made under section 161 of the Code or judicial confession made under section 164 of the Code, when there is strong circumstantial evidence, cannot be taken into consideration for granting bail to an accused of a murder case………..(14)  Lawyers Involved:&nbs..

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)

....sorption as permanent employees, in view of the nature of the contractual relationship and inasmuch as there could not be any expectation contrary to express provision of the contract which leaves no scope for any interpretation, the exclusion clause being very clear and definite without ambiguity. ......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. ..

Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164

Khandaker Abdul Hannan Vs. Sayara Begum, and anr., 2004, 33 CLC (AD)

....cordingly, the appeal is dismissed upon reduction of the sentence to the extent of period of imprisonment already served out. The appellant is discharged from his bail bond.  Ed. ......rits consideration.  Accordingly, the appeal is dismissed upon reduction of the sentence to the extent of period of imprisonment already served out. The appellant is discharged from his bail bond.  Ed. ..

Category: Criminal Law | Date: 22 Apr, 2003 | Hits: 78