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State Vs. Bahar Miah, 2004, 33 CLC (HCD)
....t was observed, "in view of the decision of the Appellate Division the learned Assistant Attorney General candidly Submitted that there is no point is sending the case for fresh trial and interest of justice will be better served if the case is finally decided by this Court, We find substance in sub...... of the Nari‑o‑Shishu Nirjatan Daman Ain, 2000. The case record was eventually sent to the Nari‑o‑Shishu Nirjatan Daman Tribunal, Comilla. The Tribunal on perusal of the police report and the documents submitted therewith, having found prima facie case against the condemned prisoner and two ..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)
....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. ......lan having been made to benefit favoured party is an arbitrary act to confer undue advantage to enrich a 'favoured party', contrary to the public interest and the contention that an important document (written statement) containing admission of the defendant Nos. 1-5 with regard to a materia..Category: Property Law | Date: 18 Jan, 2004 | Hits: 86
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: ......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
Abdus Sobhan Mandal (Md) Vs. Md. Jonab Ali Fakir & others, 2005, 34 CLC (AD)
....ontents of the deed itself and thereby the High Court Division committed an error of law in reversing the finding of the Court of appeal below resulting in an error in the decision causing failure of justice ignoring the fact that the decision of the Court of appeal below is binding upon the High Co....... We are fully in agreement with the above findings of the high court Division. For all the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Civil Law | Date: 18 Jan, 2004 | Hits: 264
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. ......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)
....n (1) and (2) of section 46 to maintain the purity of the Register. No doubt a discretion is vested in the tribunal but that discretion has to be exercised judicially keeping in view the principle of justice and public interest. The discretion of the Court or the Registrar under section 46 of the Ac...... by fraud and secondly if the mark registered subsequently is deceptively similar to an earlier registered mark and in the instant case the petitioner has been able to show from its pleadings and the documents annexed with the application that in the instant case the opposite party No.2 is guilty of..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)
....not be axed down. The delay of 150 days on the part of the Government who remains a slow moving juristic person, thus, demands due consideration and the delay caused may be condoned to secure ends of justice". 3. As against the judgment and order of the High Court Division appellan......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)
....ional offer and that it violated clause 14.4 of the Instruction to Bidders (ITB). That this erroneous view about the vital matter has. vitiated the whole decision and has resulted in gross failure of justice putting the hard‑earned ADB aided people oriented development project in jeopardy, likely ......a tender for bids for procurement of geo textile bags on 23 September 2002. That BWDB invited sealed bids in four lots strictly in conformity with the Technical Specification provided. in the bidding documents in different size of bags; the invitation further stated that in the comparison of bids, A..Category: Others | Date: 10 Dec, 2003 | Hits: 261
Syed Md. Anwarul Haque and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....y. The learned Advocates further submit that such curtailment cannot be done at the whims of the respondents without even giving them any hearing and therefore it is against the principles of natural justice. In support of their arguments the learned Advocates rely on the decision in the case of Ruh...... This Case is also Reported in: 57 DLR (2005) 248. ..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. ......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
Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209
State Vs. Md. Awal Fakir, 2003, 32 CLC (HCD)
....picable felony who is no other than their son-in-law. But truth could not be flung to the wind in spite of the labour undertaken to shield the rapist as well as the killer and truth came to light and justice stood salvaged on a verdict of Court which was gallows for the author of the crime. 2. ......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
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. ...... Court of Settlement to try the case and give a decision in accordance with law after giving reasonable opportunity to the parties concerned of being heard and also adducing evidence both oral and documentary and further directing the petitioners to restore the possession of the case property to..Category: Property Law | Date: 7 Dec, 2003 | Hits: 139
Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)
.... exercise of power of certiorari High Court Division can send a case to the court or Tribunal below to see as to whether there is compliance of the relevant provision of law or principle of natural justice. It is an established principle of law that the Labour Court sitting over the order......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)
....o. 155 of 2000) was looking after the property as the constituted attorney of the said respondent Nos. 7 and 8. In the aforesaid background the respondent Nos. 1‑4 upon servicing a notice demanding justice filed the writ petition seeking declaration that the order dated May, 29, 1994 canceling the...... Division in comparing the thumb impressions appearing in the petition seeking allotment and in the power of attorney and thereupon in taking the view that the thumb impressions appearing in the said documents are not similar. The law permits the Court to compare signature of a person with his admit..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Abul Bashar and ors. Vs. Prafulla Kumar Das & ors., 2004, 33 CLC (AD)
....Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel. Ed. ......Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel. Ed. ..Category: Property Law | Date: 2 Nov, 2003 | Hits: 96
Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and ors., 2005, 34 CLC (AD)
....ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. ......ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 2 Nov, 2003 | Hits: 783
Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)
.... Judge practically usurped the jurisdiction of the learned Chief Metropolitan Magistrate at the very initial stage of the proceedings by his impugned judgment and order and thus caused miscarriage of justice. The impugned judgment and order passed by him was, therefore, liable to be quashed, he subm......ge had jurisdiction to intervene under section 439A of the Code of Criminal Procedure. Their Lordships observed: "What the learned Sessions Judge did in this case is that he scrutinised the documents of the various parties carefully and came to the conclusion that the matter should be sett..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)
....; 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ...... the evidence of the plaintiffs as discussed above we are of the view trial Court was in serious error in holding that plaintiffs have no possession in the land in suit. The plaintiffs by oral and documentary evidence have established that they have acquired title to the land in suit from the un..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)
....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. ......cedure can be admitted into evidence under section 80 of the Evidence Act, let us reproduce section 80 of the Evidence Act: "80. Presumption as to documents produced as record of evidence‑wheneven any document is produced before any Cou..Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107