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State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)
.... The witnesses have seen the occurrence. Thereafter, he has lodged the first information report with the Raipur Police Station. 3. Pursuant to the first information report, the Raipur police has registered a case, held inquest on the dead body, sent the dead body to the morgue and after investi......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. ......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. ..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. ......strative Tribunal Dhaka dismissing AT Case No. 114 of 1998 and setting aside the punishment of compulsory retirement passed on 27‑2‑1997 and thereby restoring the respondent to his former post treating him on duty with all financial and other benefits as admissible under the rules. ......mber of inquiries were held to victimise the respondent. Subsequently a departmental proceeding was drawn up against the respondent bringing several charges at the instance of said Arun Kumar Sarker, ADG and a charge sheet drawn up on 6‑4‑1996 was sent to the respondent. The respondent s..Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
....r of the building situated at Holding No. 21, Motijheel Commercial Area, Dhaka occupied by the appellants and respondents Nos. 3‑17 stating, inter alia, that former Government of East Pakistan by a registered deed of lease dated 6‑10‑65 granted lease of the land situated at Holding No. 21, Mot......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. ......eing in the same footing, can not claim the same right which a tenant inducted by the owner could claim……………………(16) Case Referred to- Md. Ayub vs. Bangladesh and others, 39 DLR (AD) 111. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate (SM Munir, Advocate wi..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. ......ces cannot be relied upon in fixing conviction upon condemned prisoner. 39. A close relative who is a natural witness cannot be regarded as an interested witness. The term "interested" postulates that the witness must have some direct interest in having the accused somehow or the othe......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)
....d to collect rent from the defendant by giving receipt on behalf of Lalon Shah Dargha Committee during the period 1352‑1362 BS Umed Mollik transferred his share to one Munshi Md. Chand Ali by a registered kabala dated 3‑71356 but did not deliver possession of the transferred land an......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. ......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)
.... incident from Nasima and others. She then met Ibrahim, the local Chairman, and as per his advice she lodged the first information report, which was written by Ibrahim. 4. The Kishoregonj Police registered a case, held inquest on the dead body of Shalema, sent the dead body for autopsy, seized ......ikul Alain (P.W.9) stated that he filled up the first information report form, which was written by Dr. Ibrahim and took up the case for further investigation. He further stated that he collected the postmortem report and after perusing the case diary submitted charge-sheet against the accused Nazru...... Judgment January 20, 2004. Result: The Death Reference is rejected the Jail Appeal is allowed. Cases Referred to- Shamsul Haque alias Shamsul and others Vs. State, 38 DLR (AD) 75; Dahyabhai Chhaganbhai Thakur Vs. State of Gujarat, AIR 1964 SC 1563; Bhikari Vs. State of Ut..Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
.... The State Acquisition and Tenancy Act 1950 (Act No. XXVIII 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 ......nished by Trial Judge, warrants any interference by this Court in exercising of its Rivisional authority envisaged in section 115 of the Code. 5. The question posed now may be approached and reposted. 6. Right of Pre-emption is a statutory right conferred upon a co-sharer either by way ...... 1963 SC 302; Fokaruddin Mia and another Vs. Mohammad Khoda Baksu Sheikh, 29 DLR (SC) 268; Akrab Ali Vs. Zaihiruddin, 30 DLR (SC) 81; Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 37 DLR (AD) 205; Naimuddin Sardar Vs. Md. Abdul Kalam, 41 DLR (AD) 3; Jasimuddin Kanchan Vs. Ali Ashraf, 42..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. ......n, Comilla, came to the condemned prisoner's house, held inquest on the dead body and sent the dead body to the morgue for autopsy for ascertaining the cause of death. The police after receipt of the post‑mortem report and on examining some witnesses, having found prima facie case against the cond......nce is rejected. Cases Referred to- Sris Chandra Nandy Vs. Rakhalananda Thakur, AIR 1941 PC 16; State Vs. Eunus Kha, 5 BLC 353; State Vs. Mannan Gazi, 6 BLC 187; Ashnan Begum Vs. State, 51 DLR (AD) 18; Haripada Biswas Vs. State and another, 34 DLR (AD) 142; Bangladesh Vs. Yeakub Ali Sardar and..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)
...., Dhaka) decreeing the same in part in the following manner: "It is declared that the deed of lease in respect of the suit land and in favour of the defendant No. 6, Capital Tower (Pvt) Ltd registered on 6-4-1993 is null and void." 2. The suit was filed seeking a decree for per......mode of allotment of the plot in question. 12. In view of the discussions made herein over we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ......mode of allotment of the plot in question. 12. In view of the discussions made herein over we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ..Category: Property Law | Date: 18 Jan, 2004 | Hits: 86
Abdul Bashir alias Bashu Vs. State, 2004, 33 CLC (AD)
....nt for her treatment. PW 1 upon hearing about the incident from the persons who witnessed the incident lodged the first information report and thereupon Fulbaria PS Case No. 4 dated 16‑9‑1995 was registered. On completion of investigation Police submitted charge‑sheet against the condemned pri......09 of the Penal Code. The accused persons pleaded not guilty and claimed to be tried. 3. Prosecution in all examined 17 witnesses including the official witness PW 9, the Medical Officer who held post mortem examination of the dead body of Hazrat Ali and Julekha Khatun, PWs 10 and 12, the consta......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
.... 'industry' as in Section 2(XIV) of the IRO, its employees, who answer the definition of 'worker as in section 2 (XXVIII) of the IRO, are very much competent to form a Trade Union and to get the same registered. The learned Counsel for the petitioner in support, of his submission that the organisati......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:
......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
Secretary, Ministry of Health and Family Welfare & others Vs. Parvin Sultana, 2005, 34 CLC (AD)
....illegality in the impugned Judgment of the High Court Division calling for our interference. Accordingly, this petition merits no consideration. Hence, it is dismissed. Ed. ......epresentative of the Nurses Association. The petitioner was transferred from National Institute of Cardio Vascular Disease and Hospital, Dhaka to the Health Complex, Tajumuddin, Bhola in the vacant post of Senior Staff Nurse and she was asked to take release order within two days otherwise she wi......illegality in the impugned Judgment of the High Court Division calling for our interference. Accordingly, this petition merits no consideration. Hence, it is dismissed. Ed. ..Category: Constitutional Law | Date: 10 Jan, 2004 | Hits: 246
Md. Rahimuddin Mia (Bharasa) Vs. The Registrar of Trade Marks and another, 2003, 32 CLC (HCD)
....Opposite Party No.2. Trade Mark Application No.10 of 2001. Judgment Syed Amirul Islam J.-This rule was issued upon the opposite party Nos.1 and 2 to show cause as to why the Trade Mark registered under the name of "Aziz Biri" bearing No.40518 in Class-34 dated 5.5.1994 toget......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. ......sult: The Rule is made absolute. Cases Referred to- AIR 1990 Calcutta 225; AIR 1974 (Delhi) 91; AIR 1959 Calcutta 56; AIR 1984 SC 921; AIR 1989 SC 1629; 8 DLR 170; 20 DLR 1171; 44 DLR (AD) 208; 48 DLR 376; 44 DLR 376; PLD 1975 Karachi 421; PLD 1999 Karachi 281; re Arbeny' Applicat..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)
....¦â€¦ Respondents Judgment December 14, 2003. Result: The petition is dismissed. The Trade Marks Act, 1940 (V of 1940), Section 20 (2) Had the petitioner’s product been registered possibly a complaint could be made under the Trade Marks Act to protect the trade mark of......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:......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
Dr M A Mazed & ors. Vs. Bangladesh represented by the Solicitor, 2004, 33 CLC (AD)
....ion (3) of section 417 of Cr. P. C. has no manner of application in 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 1......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. ...... 11. In the background 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
Syed Md. Anwarul Haque and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
.... This Case is also Reported in: 57 DLR (2005) 248. ...... Secretary, Ministry of Law, Justice and Parliamentary Affairs and others reported in 16 BLD (AD) 110 it has been held that no vested right accrued to the Nikah Registrar on being appointed to such a post. 16. The learned Advocate for the petitioner has also challenged the curtailment of a part...... the Constitution and in no way infringes of the fundamental rights of the Petitioners as guaranteed therein……..(22) Cases Referred to- Dr. Nurul Islam Vs. Bangladesh, 33 DLR (AD) 201; Ruhul Mannan Helali Vs. Government of Bangladesh and others, 8 BLC 34; Kazi Md. Amirul Isla..Category: Family Law | Date: 9 Dec, 2003 | Hits: 4
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. ......ice 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 morgue for post mortem examination, examined witnesses under section 161 of the Code of Criminal Procedure and ......hat their evidence has not at all been shaken in the cross‑examination………………………….(26) Cases Referred to: Md. Abdul Majid Sarker vs State, 40 DLR (AD) 83; Fateh Khan and others vs State 15 DLR (SC) 51; State of Andhra Pradesh vs Rayavarapu Punnayy..Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122
....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:
...... title Suit for a declaration that the letter No. 75/1992 dated 6‑8‑1992 issued by the headmaster of Kadamtala 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 als......
Mustafa Aziz vs. Principal, Momenshahi Cadet College, Mirzapur 29 DLR 104, Rajshahi Girls' High School and others vs. Md. Abdul Mannan 48 DLR 472 and Abdul Hannan Sikdar vs. Bangladesh Bank 31 DLR (AD) 298.
Lawyers Involved:
SM Munir, Advocate, instructed by Md Nowab Ali, Advocate‑on‑Re..
Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209
State Vs. Md. Awal Fakir, 2003, 32 CLC (HCD)
....isit in the absence of her elder sister Tara Begum who called on in the house of one of her relations. 3. Following commission of crime initially, an unnatural death Case No. 56 of 1999 had been registered with Kalia Police Station and, thereafter, a regular Police Station Case had been registe......ector of Police Md. Faruque Hossain. PW 1 held inquest on the dead body of Rehana Begum and found injury on left side of breast. He prepared Inquest Report and sent dead body to morgue for performing post mortem examination. He proved First Information Report. b. Evidence of PW 6 Shirajul Sheik......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
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
.... respondent upon obtaining permission for sale on February 12, 1996 from the authority while proposed to sell the case plot, the writ respondent Nos. 6‑9 purchased the same on April 21, 1996 by a registered deed of sale without knowing about filing and pendency of the Writ Petition No. 2127 of 1......otice addressed to the respondent Nos. 1‑4 to their addressees in which earlier 2 show cause notices were served. It may be mentioned show cause notice dated 17‑2‑94 was sent through registered post. The contention of the respondent Nos. 1‑4 that the 3rd show cause notice was a manufactured ......well as hand writing to the expert or to the person specialized in the examination of signature, handwriting and thumb impression…...(26) Cases Referred to- Moni Begurn vs RAJUK, 46 DLR (AD) 154; Hussain Bakhsh vs Settlement Commissioner and another 21 DLR (SC) 456; Khadomul Islam Chowd..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
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