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Hafizur Rahman & another Vs. State and others, 204, 33 CLC (HCD)
....7‑10‑2001 is hereby recalled. Communicate this order to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 588. ..............................Opposite Parties Judgment January 17, 2004. Result: The Rule is discharged. Penal Code (XLV of 1860) Sections 304, 315-316 A dead child is a person within the meanings of Section 304,315-316 of the Penal Code. Lawyers Involved: Kho..Category: Criminal Law | Date: 17 Jan, 2004 | Hits: 3
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)
....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: ......ious Acts, the Courts have always held that a Director can be made liable who is responsible for the conduct of the affairs of the Company because such section is a highly penal section as it makes a person who is a Director of the Company vicariously liable for an offence committed by the Company. ..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)
....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. ......ed mark of the opposite party No.2 has attained immunity from attack under section 24 of the Act. It is also asserted that the petition is not maintainable as the petitioner is not an "aggrieved person" within the meaning of section 46 of the Act. It is also asserted that the petition is n..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)
....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:......reat detriment of the plaintiffs petitioners. and causing serious irreparable loss inasmuch as section 20(2) of the Trade Marks Act, 1940 allowed the plaintiffs-petitioners to take action against any person for 'passing of' goods as the goods of that person and taking into consideration of the same ..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)
....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. ......ving that the ground of delay cannot be characterized "to be loose and the application cannot 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 justi..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. ......es and Divorces Registration Act, 1974 is as follows: 7. "Nikah Registrars: For the purpose of registration of marriage under this Act, the Government shall grant licenses td such number of persons to be called Nikah Registrars, as it may deem necessary for such areas as it may specify. ..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. ...... prisoner Ershad Ali Sikder ordered to finish Monir. Faruque @ Jamai Faruque and others attacked them. (Monir and others). Monir was seriously assaulted and he sustained grievous injuries on his persons. Syed Chainul Islam, Chayan (PW 4) also sustained injuries, at the. hands of accused persons..Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122
State Vs. Md. Awal Fakir, 2003, 32 CLC (HCD)
....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. ......ed as perpetrator of outrage. 4. Autopsy on dead body of Rehana Begum had been performed by Dr. Shyamal Krishna Saha (PW 11). Post Mortem Report revealed that there were five (5) injuries on the person of deceased Rehana Begum. Of them two (2) injuries were found on right labial major and left ..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)
....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. ......ne any other witness in support of his defence. That the Enquiry Committee while holding the enquiry found that only one rod of the window was bent about 6/7 inches and it was not possible for any person to enter into the store from outside by that bend. Attention of the respondent No.2 was draw..Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
.... 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. ......2) or any other provision of the Constitution preclude it to do so. …………..(28) The Evidence Act, 1872 (I of 1872), section 43 The law permits the Court to compare the signature of a person with his admitted signature. But it is safe and sound to leave the matter of examination of s..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
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. ......999 and found the garments good and fit to be exported. The defendant No.1, at this stage, informed that they will soon give necessary instruction for shipment of the goods/garments. Thereafter, a person came from Korea and conducted the inspection being employed by the defendant No.1 for and on..Category: Business or Commercial Law | Date: 2 Nov, 2003 | Hits: 783
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. ............ Appellant Vs. AKM Abdul Hye and ors.............Respondents 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 a..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. ...... before the trial started he voluntarily surrendered. Then 6 (six) prosecution witnesses were examined including the informant, the victim, mother of the victim and investigating officer. The accused persons were also examined under section 342 of the Code of Criminal Procedure. Then considering the..Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107
Abul Kashem Khan Vs. State, 2003, 32 CLC (HCD)
....rvations made in the body of this judgment. Communicate the order to the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 431. ......lleging that on 20‑10‑2001 he, his wife and other members of his family went to Daudkandi police station to make statements in an arson case (registered as GR case No. 229/01) against the accused persons leaving his son Arif, (11) at home. They returned home at about 5.00 in the afternoon but th..Category: Women and Children | Date: 27 Aug, 2003 | Hits: 157
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ......s a likelihood of any breach of peace and upon being satisfied, as such, as to apprehension of breach of peace exists or existed, pass necessary order for regulating the possession in favour of the person who has been found to be in exclusive possession and pass an order, as such, in regard to the..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ......angladesh Bank laid the suit. Bangladesh Bank is an organ of the Government. Order 29 Rule 1 enjoins that in any suit, by or against Government the plaint or written statement shall be signed by such person as the Government may by general or special order appoint in this behalf and shall be verifie..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Harunur Rashid and ors. Vs. State and ors., 2004, 33 CLC (AD)
....offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed. Ed. ......of law as contained in section 467 of the Penal Code and also failed to take notice that Champak Lata executed the sale deed in her own name as Champak Lata and did not execute in the name of another person, as such there is no question of committing forgery and thus the High Court Division committe..Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85
Shafiqul Islam Vs. Government of Bangladesh and another, 2003, 32 CLC (AD)
....d period provided by law. In the circumstances we find no substance in the petition. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 37. ......ner, in brief, is that he joined in the service of the then Government of Pakistan in 1967. Subsequently, he was transferred to Dhaka. The petitioner used to pass different type sof bills of the Army personnel. One Harun-or-Rashid, ex‑Army man, filed a criminal case in the Cantonment PS on 13‑..Category: Administrative Law | Date: 23 Aug, 2003 | Hits: 128
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
....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. ...... government land is not a right under section 42 of the Specific Relief Act, but in the instant case plaintiff accrued a right to question the propriety of the allotment of the Suit land to a third person consequent to its letter, Exhibit 5 and the defendant's reply thereto, Exhibit 5(a). But we..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216