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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. ......read with Order VI rule 15 of the Code of Civil Procedure and also to Rules 17 and 19 of Civil Rules and Orders (CRO) Volume 1 and section XVI of the Manual of Civil Suit Instructions, containing the provisions as to compromise or adjustment of suits and submits that it was obligatory for the trial ..Category: Property Law | Date: 5 Apr, 2004 | Hits: 103
Alauddin Sikder (Md) & anr. Vs. BD and ors., 2004, 33 CLC (AD)
....p; The petitioners are directed to pay cost of Taka 5,000 (five thousand) each and pay the amount to the college fund within one month from the date of receipt of this order. Ed. ......p; The petitioners are directed to pay cost of Taka 5,000 (five thousand) each and pay the amount to the college fund within one month from the date of receipt of this order. Ed. ..Category: Constitutional Law | Date: 31 Mar, 2004 | Hits: 213
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....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. ......t of the prosecution in that case delay shall not be a ground for quashing of the proceeding…………………..(10 & 13) Investigation by Assistant Inspector of the Bureau Reading the provisions of section 5A of the Prevention of Corruption Act, 1947, section 3 (2) of the Anti-corrup..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
....ed as follows: "The period as contemplated for forwarding the resolution within three days from the date of passing is, according to us, not mandatory. Moreover, from the fact that the proceeding was signed on 10‑6‑2003 it cann......red to be taken as contemplated in section 13(2) have been complied with and, as such, we do not find any error in adopting the resolution." 4. As to the contention that the provisions of Rules 11 and 12 were violated, the High Court Division has observed as follows: ..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
....
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.
......her an industry nor a commercial, establishment or an industrial establishment. As such, its employees, whether employed in a managerial capacity or otherwise, are not workers, either within the provisions of the IRO or under the Act. They are the employees of the Corporation and the terms and ..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....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. ......ain these applications. 6. Mr. Shamsuddin Babul, the learned Advocate appearing for the respondent company, on the other hand, submits that these applications are not maintainable in view of the provisions as contained in sections 241, 242 read with section 245 of the Companies Act inasmu..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)
....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. ......sh trial under the general law. In that case this Court remanded the case to the Court of Magistrate having power to take cognizance of the offence for proceeding with the case in accordance with the provisions of Code of Criminal Procedure. From the medical evidence we find that the cause of death ..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. ......me questionnaire was given to the petitioner to answer. So, the appearance of the petitioner before PMG during enquiry who happens to be the appointing authority of the petitioner is against the provisions of law. If the appointing authority OP No. 3 PMG was not satisfied with the enquiry repor..Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125
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. ......st Class, Jessore proved judicial confessional statement standing on witness box. This P.W.8 divulged that he recorded confessional statement of accused Anjuara Khatoon, filled up columns in Form and provisions of law and procedure had been complied with in recording confessional statement. It, also..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
.... of 1951); section 95 (2) Under section 95 (2) of the State Acquisition and Tenancy Act, 1950 every usufructuary mortgage shall be registered under Registration Act and the word "shall" being mandatory means "must". Transfer of a holding or of portion or a share thereof either by way of an ......t 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 only under the provisions of law embodied in section 96(10)(a) of the Act………………………..(6) Bur..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. ......nts become relevant. Relevancy and admissibility are neither synonymous nor co‑extensive. Nor is one included in the other. A person tendering of a fact has to show that it is admissible under some provisions of the Evidence Act. It is not open to any judge to exercise a dispensing power, and admi..Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163
Mirpur Mazar Co-Operative Market Society Ltd. Vs. Capital Tower (Pvt) Ltd & Ors., 2006, 35 CLC (AD)
....endant. It was further prayed that in case the lease deed is executed and registered in favour of the defendant No. 6 in 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 ......efendant was unjustly favoured and consequently, the allotment so made and the lease deed registered pursuant thereto is tainted with unfairness and the authority in making the allotment violated the provisions of Articles 27 and 144 of the Constitution. The learned Counsel for the petitioner submit..Category: Property Law | Date: 18 Jan, 2004 | Hits: 86
....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:
......as the definite case of the respondent No.1 herein that the petitioner herein charges interest @16% to 18% from its loanees. This fact has not been disputed. If this fact is considered along with the provisions of section 15(2)(K) and (L) and section 16(1)(P) then it becomes clear that the Foundatio..
Category: Employment/Service Law | Date: 17 Jan, 2004 | Hits: 120
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. ......ntical to the mark of the petitioner. Therefore, in the instant case the law enunciated in 48 DLR 376 has no manner of application, more so; because in the instant case the petitioner has invoked the provisions of section 46 of the Act for rectification of the registry as the opposite party No.2 by ..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)
....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. ......respect of an appeal arising from the judgment of acquittal passed in a case initiated not upon a petition of complaint but registered in a police station upon lodging of an Ejahar. In view of the provisions as in Article 157 of the Limitation Act providing period of 6 months for filing an appea..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)
.... 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:......he writ petitioner and marked Annexure‑B. The bids were evaluated by different committees comprising highly experienced officials of the BWDB, concerned Ministries and consultants of the ADB as per provisions of the bid evaluation rules. The committees for evaluation and the composition thereof ar..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. ......econd provision to section 4 of Muslim Marriages and Divorces (Registration) Act, 1974 As well as in the Rule 10 of the Muslim Marriages and Divorces Registration Rules, 1974 and the said legal provisions are not ultra vires of the Constitution and in no way infringes of the fundamental rights..Category: Family Law | Date: 9 Dec, 2003 | Hits: 4
....a Purba Basaboo Uchcha Bidalaya purporting to remove the plaintiff respondent from the post of Assistant Teacher is void, illegal and without jurisdiction and not binding upon her and also prayed for mandatory injunction against the defendant petitioner; for her reinstatement in service with back sa......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:
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Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209
Govt. of People's Repub. of BD & other Vs. Md. Shamsul Haque & other, 2004, 33 CLC (AD)
.... 10. We do not find any substance in the submission of the learned Counsel for the petitioners for any interference with the impugned judgment and order. The petition is dismissed. Ed. ...... 10. We do not find any substance in the submission of the learned Counsel for the petitioners for any interference with the impugned judgment and order. The petition is dismissed. Ed. ..Category: Property Law | Date: 7 Dec, 2003 | Hits: 139
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. ......ellate Tribunal held the view that the case was not maintainable but the other two members including the chairman held that the case was maintainable. The question of maintainability arose in view of provisions of section 4(2) of the Administrative Tribunal Act, 1980 as amended by Act 24 of 1997. It..Category: Administrative Law | Date: 10 Nov, 2003 | Hits: 164
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