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SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)

....#8209;on‑Record‑For Respondent Nos. 3‑31.  Not represented‑Respondent Nos. 1‑2.  Civil Appeal No. 45 of 2000. (From the Judgment and Order dated June 29, 1999 passed by the High Court Division in Writ Petition No. 2982 of 1998).  ...... 9. In view of our discussions made hereinabove we find no merit in this appeal.  The appeal, accordingly, is dismissed.  There is no order as to costs.  Ed. ..

Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259

Alauddin Sikder (Md) & anr. Vs. BD and ors., 2004, 33 CLC (AD)

....on‑Record ‑For Respondent No. 7. Not represented‑Respondent Nos. 1‑6 & 8.   Civil Petition for Leave to Appeal No. 249 of 2004. (From the order dated 11 ‑2‑2004 passed by the High Court Division in Writ Petition No. 3939 of 2003). ......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)

....ional Advocate with him) instructed by AKM Shahidul Huq, Advocate‑on-­Record ‑ For the Respondents (In all the appeals). Criminal Appeal Nos. 33‑37 of 1999. (From the Judgment and Order dated December 11, 1997 passed by the High Court Division in Criminal Revision Nos. 5‑8 of 1996 an......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. ..

Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74

Monajjel Hossain Khan Vs. State, 2006, 35 CLC (AD)

.... SR Khoshnabish, Advocate-on-Record—For the Petitioner.  Not Represented—Respondent.   Criminal Petition for Leave to Appeal No. 55 of 2004. (From the judgment and order dated 3-12-2003 passed by the High Court Division in Criminal Revision No. 1257 of 2003).  Jud......revisional application the High Court Division has not, in any way, committed any illegality warranting interference by this Court. Accordingly, the application for leave to appeal is dismissed. Ed. ..

Category: Criminal Law | Date: 24 Mar, 2004 | Hits: 92

Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)

....cate with him) instructed by MG Bhuiyan, Advocate-­on‑Record ‑For Respondent No. 1. Not Represented ‑ Respondent Nos. 2‑3. Civil Appeal No. 45 of 1997. (From the Judgment and Order dated November 5, 1990 passed by the High Court Division in First Appeal No. 191 of 1992). Judgm......n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed...

Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106

BRTC Vs. Md. Esken Mollick and anr., 2004, 33 CLC (AD)

.... Md. Wahidullah. Advocate‑on‑Record‑For Respondent No. 1. Not represented‑Respondent No. 2. Civil Appeal No. 312 of 2001. (From the judgment and order dated 13‑8‑1998 passed by the High Court Division in Writ Petition No. 1805 of 1995) ......as come to a correct decision and there being no error in the said judgment, the appeal has no substance. In the result the appeal is dismissed without any order as to costs. Ed. ..

Category: Labour and Industrial Law | Date: 16 Mar, 2004 | Hits: 99

Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)

.... Additional Attorney General instructed by Sufia Khatun, Advocate-on-Record –For the respondents. Civil Petition for Leave to Appeal No. 1659 of 2003 (From the Judgment and Order dated October 29, 2003 passed by the High Court Division in Writ Petition No. 5958 of 2003).  ......passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance.  Accordingly, the petition is dismissed.  Ed. ..

Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269

Chittagong City Corporation, represented by its Mayor and 3 others Vs. Md. Afzal Hossain and others, 2004, 33 CLC (HCD)

....the Ordinance itself…. (45) In accordance with the provisions of section 18(2) of the Act, a worker cannot be kept under suspension for more than 60 days and since the order of suspension dated 31‑5‑1998 of the first-party expired after the expiry of the said 60 days by efflux of tim...... 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.   ..

Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4

Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)

....vision No.2433 of 2003. Judgment Md. Abdur Rashid J.- The plaintiff obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against an order dated 15‑4‑03 passed by Joint District Judge, Court No.5 at Dhaka in Title Suit No.229 of 2002, ......nt District Judge is directed to hear and dispose of the suit within a period of three months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 317. ..

Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5

Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)

.... to a person he becomes a creditor and can maintain a petition. A creditor is a person to whom the company owes a debt i.e. a definite sum of money presently due but may be paid now or in some future date, the learned Advocate contends. The learned Advocate finally submits that the claim of the peti......ommon Law. English Contract Law as we know it to‑day developed around a form of action known as the action of assumpsit which came into prominence in the early sixteenth Century as a remedy for the breach of informal agreements reached by word of mouth, i.e., by 'parol'. The early common l..

Category: Company Law | Date: 3 Mar, 2004 | Hits: 8

State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)

....ndemned prisoner Md. Abu Taher has faced trial before the Bishesh Adalat in Nari‑o‑Shishu Niriatan Daman Case No. 65 of 1997. The Bishesh Adalat has sentenced him to death by a judgment and order dated 27th day of September, 2001. The condemned prisoner subsequently prefer an appeal from jail. T......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

State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)

....arned Additional Sessions Judge, 3rd Court, in charge of the Second Court, Kishoregonj for confirmation of death sentence awarded to the condemned prisoner Nazrul Islam @ Nazrul by judgment and order dated 19th February, 2001 in Sessions Case No.84 of 1998. Condemned Prisoner, pursuant there of pref...... a copy of his judgment for future reference. Send down the lower court records. Ed. This Case is also Reported in: 57 DLR (2005) 289.         ..

Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5

Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)

.... a. (i) First opposite party of Revision petition, in the capacity of co-sharer by purchase, as pre emptor presented a petition under section 96 of The Act for the land delineated in sale deed dated 17.7.1997 in favour of stranger pre-emptee second opposite party of Revision Petition in the ...... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ..

Category: Property Law | Date: 20 Jan, 2004 | Hits: 6

Secretary, Ministry of Health and Family Welfare & others Vs. Parvin Sultana, 2005, 34 CLC (AD)

.... Petitioners. Ataur Rahman Khan, Advocate-on‑Record‑ For the Respondent.  Civil Petition for Leave to Appeal No. 1329 of 1999. (From the judgment and order dated 11th August, 1999 passed by the High Court Division in Writ Petition No. 123 of 1999). ......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)

.... 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 together with its existing features of label, get up and design should not be expunge......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. ..

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)

....zlul Karim J. - The plaintiff-petitioners seek leave to appeal against the impugned judgment and order of the High Court Division passed in FMA No. 302 of 2003 dismissing the appeal against the order dated 29‑5‑2003 passed by the Joint District Judge, fifth Court, Dhaka in Title suit No. 48 of 2......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)

....anullah Patwary, Advocate‑on‑Record‑For the Appellants. Ex-parte-For the Respondent. Criminal Appeal No. 3 of 2002. (From the judgment and order dated August 14, 2001 passed by the High Court Division in Criminal Rule No. 88(R) of 2001). ......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)

....pondent Nos. 3 & 5. Not represented—Respondents Nos. 2 & 4. Not represented—Respondent Nos. 2-6. Civil Appeal Nos. 278 and 279 of 2003 (From the Judgment and order dated 25th May 2003 passed by the High Court Division in Writ Petition No. 1900 of 2003). Judgmen......act and a contract becomes a statutory contract when a statute stipulates terms which should be incorporated in the contract. It was held in that case that writ jurisdiction can be invoked in case of breach of contract when‑ (a) the contract is entered into, by the Government in the capaci..

Category: Others | Date: 10 Dec, 2003 | Hits: 261

Govt. of People's Repub. of BD & other Vs. Md. Shamsul Haque & other, 2004, 33 CLC (AD)

....9;on‑ Record‑ For Respondent No. 1. Not represented‑ Respondent No. 2.   Civil Petition for Leave to Appeal No. 586 of 2003. (From the judgment and order dated 8th April 2003 passed by the High Court Division in Writ Petition No. 2338 of 2001).  ...... 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

Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)

....In Civil Appeal Nos. 152 & 154 of 2000). Not Represented‑ Respondents (In Civil Appeal Nos. 153‑155 of 2000) Civil Appeal Nos. 152‑155 of 2000. (From the Judgment and order dated June 10, 1999 passed by the High Court Division in Writ Petition No. 2127 of 1994). Judg...... 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. ..

Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899