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State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
....hatun................................Condemned Prisoner Judgment February 17, 2004. Result: Death Reference No.43 of 2001 stands rejected. Criminal Appeal No.3459 of 2001 and Jail Appeal No.3887 of 2001 are dismissed. ......ondemned prisoner retracted confession on 30-4‑1999 after a period of fifteen (15) days of judicial confessional statement. In the retracted confession condemned prisoner stated of enmity over land property with persons noted in retracted confessional statement. Law has been well settled through j..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
State Vs. Moslemuddin (Md), 2004, 33 CLC (AD)
....itional Attorney General, instructed by AM., Md Wahidullah Advocate‑on Record‑For the Appellant. Not represented‑The Respondent. Criminal Appeal Nos. 27 of 1997. (From the Judgment and order dated 28 June 1995 passed by the High Court Division in Criminal Appeal No. 2013 of 1992)....... his Memo No. 1023 dated 16‑2‑91. 4. As it appears on the question of sanction for the prosecution the High Court Division found that there is no evidence on record showing such sanction from proper authority though for prosecution of the accused, a government servant, such sanction was nece..Category: Anti-Corruption Laws | Date: 19 Jan, 2004 | Hits: 96
State Vs. Bahar Miah, 2004, 33 CLC (HCD)
....ate……………Petitioner Vs. Bahar Miah …….......... Condemned Prisoner Judgment January 18, 2004. Result: The death reference is rejected. Cases Referred to- Sris Chandra Nandy Vs. Rakhalananda Thakur, AIR 1941 PC 16; State Vs. Eunus Kha, 5 BLC 353; State Vs. Manna......t the facts of the given case do not impel us to take a lenient view in his favour. His trial by the Tribunal was without jurisdiction and it is such a case which demands that he should be tried by a proper Court for an offence punishable under the Penal Code after compliance of formalities. For tri..Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163
Securities and Exchange Commission, represented by its Chairman Vs. Runa N Alam, 2004, 33 CLC (AD)
....ly allowed. Ed. This Case is also Reported in: ...... has been committed without 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. Th..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)
....;……………………………………………….Petitioner Vs. The Registrar of Trade Marks and another……………………………&...... get up and design should not be expunged from the Register of Trade Marks and the Register rectified accordingly and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner is the proprietor of Taj Biri Factory in village-Sarai, Haragach, Pol..Category: Intellectual Property Law | Date: 15 Dec, 2003 | Hits: 18
Syed Md. Anwarul Haque and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....sp; ......stitution of the country and, as such, the said provision is liable to be struck down. He has referred to the case reported in 33 DLR (AD) 201 wherein their Lordships have held that in the absence of proper guidelines as to how discretion is to be exercised will lead to arbitrary exercise of power. ..Category: Family Law | Date: 9 Dec, 2003 | Hits: 4
Ershad Ali Sikder (Md) Vs. State, 2003, 32 CLC (AD)
...., 1898 (V of 1898), Section 374 The Penal Code, 1860 (XLV of 1860), Section 320 The victim survived for weeks in the hospital due to intensive care and treatment after sustaining injury caused brutally upon him and thereafter succumbed to injuries......of the above mentioned injuries which were ante mortem and homicidal in nature. 4. Police during investigation visited the place of occurrence, seized incriminating articles under proper seizure list, and held inquest over the dead body of the deceased, sent the same to the morgu..Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122
Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)
....ion (Civil) Present: Md. Fazlul Karim J Md. Hamidul Haque J Md. Tofazzul Islam J Superintendent (now General Manager), James Finlay PLC and another................. Appellants Vs. Chairman, 2nd Labour Court and another.........tion to send a case back on remand in exercise of a jurisdiction in the nature of certiorari. Secondly, he submits, the observations which the Labour Court were directed to follow are not the proper yardsticks for determination of the legality of an order of discharge. The Labour Court is ..Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106
Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)
....te Parties Judgment November 1, 2003. Result: The Rule is discharged. Cases Referred to- Shah Mohammad Vs. Haque Newaz & State, 23 DLR (SC) 14; Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986 BLD (AD) 261 = 38 DLR (AD) 246; Moslemuddin......itan Magistrate, Rajshahi in MNGR (Metropolitan Non-General Register) Case No.273 of 2003 should not be quashed and/or such other or further order or orders passed as to this Court might seem fit and proper. 2. Facts, relevant for the purpose of disposal of this Rule, in short, are that Officer..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)
....Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Government of Bangladesh, represented by the Additional Deputy Commissioner...... Appellant Vs. AKM Abdul Hye and ors.............Respondents Judgment October 29, 2003. The Limitati...... Judgment October 29, 2003. The Limitation Act, 1908 (IX of 1908) Article 120 The person whose interest is affected due to preparation of wrong record of rights of his property is authorised to file a suit seeking declaration of title within six years from the date, ..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
Abul Kashem Khan Vs. State, 2003, 32 CLC (HCD)
....d calling upon the opposite party State to show cause as to why the order dated 7‑9‑2002 passed by the Nari‑o‑Shishu Nirjatan Daman Tribunal at Comilla (refusing petitioner's narajee petition and thereby accepting the FRT submitted by the police and discharging the accused) in Nari‑o‑Shi......tted by the police and discharging the accused) in Nari‑o‑Shishu Case No. 213 of 2002 should not be quashed and/or such other or further order of orders passed as to this Court might seem fit and proper. 2. On 27‑11‑2001 the petitioner as informant lodged a FIR with Daudkandi Police Stati..Category: Women and Children | Date: 27 Aug, 2003 | Hits: 157
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....vil) Present: AK Badrul Huq J Md. Abu Tariq J General Manager, Bangladesh Bank, Dhaka Office, Motijheel Commercial Area, Dhaka………………..Appellant Vs. Saiyed Shahidul Haque and others…………………Respondents Judgment August 23, 2003. Result: The appeal......Defendants are respondents in the appeal. 4. Appellants as plaintiffs on 4.3.1989 instituted a suit being Title Suit No.87 of 1989 in First Court of Subordinate Judge, Dhaka for a declaration that property described in schedule-A to plaint is acquired land of Government and legally leased out to ..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Harunur Rashid and ors. Vs. State and ors., 2004, 33 CLC (AD)
.... Appellate Division (Criminal) Present: KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Haque J Harunur Rashid and others.....................Petitioners Vs. State and others......Respondents.&nbs......e under section 464 of the penal code. The other accused participated in making such deed committed offence under section 463 of the penal code and conviction under section 467 of the penal code is proper. Lawyers Involved: Abdus Sobhan, Senior Advocate, instruct..Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
.... Md. Ruhul Amin J AS Ahammed J MM Ruhul Amin J Capital Tower Limited................... Appellant Vs. Mirpur Mazar Co‑operative Market Society Limited and others ...........Respondents Judgment &n...... Committee considered the prayer of the defendant No. 6 and took decision to lease out the land to it. It is the definite case of defendants that the allotment made to defendant No. 6 was neither improper nor illegal and the allotment has been made upon due compliance of the law. There is only la..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
....on) Present: Md. Abdul Matin J Afzal Hossain Ahmed J Loretto represented by Nasreen Rahman, Principal……………Appellant Vs. Nasreen Sobhan and another……………………………&......9 decreeing the suit. 2. The respondents as plaintiffs instituted Title Suit No.12 of 1999 in the 3rd Court of Joint District Judge, Dhaka for ejectment of defendant-appellant from the suit property and for delivery of vacant possession of the suit property in their favour contending, inte..Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171
Abdul Kader Rabbani and others Vs. Ebaruddin and others, 2003,32 CLC (HCD)
....his Case is also Reported in: 57 DLR (2005) 307. ......party Nos.1‑13 to show cause as to why the impugned order complained of in the petition should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The case of the petitioners, in short, is that the predecessor-in-interest of the pe..Category: Civil Law | Date: 1 Jul, 2003 | Hits: 4
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....……………………………………………………Petitioner Vs. Mr. Azizul Huq and two others…………………………&helli......e facts may briefly be stated as follows- 3. The present petitioner as petitioner filed Writ Petition No.3705 of 2001 before this Court calling in question the requisition and acquisition of the property of the petitioner through L.A. Case No.138/1961-62 and also challenged the notice issu..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)
....e Division (Civil) Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Abu Sayeed Ahammed J Jahanara Begum being dead his heirs: Sheikh Shahnaz Begum and others ..........Appellants (In Civil Appeal No.438 of 2001) Kazi Ashrafuddin Ahmed.............. No. 27 of 1976 in the 3rd Court of Subordinate Judge, Dhaka for specific performance of contract against the present respondent No. 8 who allegedly entered into a contract for sale of the suit property on 12.9.1979 receiving an earnest money of Tk. 30,000/- out of a total consideration of T..Category: Contract Law | Date: 12 May, 2003 | Hits: 251
Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)
.... Ed. This Case is also Reported in: 57 DLR (2005) 273. ......ssistant Judge, Kalia, Narail in Title Suit No.3 of 2003 granting temporary injunction shall not be set aside and or pass such other order or further order or orders as to this Court may seem fit and proper. 2. Opposite Party No.1 as plaintiff filed Title Suite No.3 of 2003 in the Court of Assi..Category: Civil Law, Election Law | Date: 24 Mar, 2003 | Hits: 2
Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)
.... Present: Md. Ruhul Amin J KM Hasan J Giasuddin Ahmed....Appellant Vs. Green Delta Insurance Company Ltd. and another .....................Respondents Judgment May 28, 2003. T......er for value. He has paid valuable consideration to the extent of Taka 44 lac for the said shares. He has completed all the necessary formalities for obtaining registration of the transfer and the property of the shares has vested wholly in the appellant. The refusal by the Company to register t..Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286