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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) ......is section, shall observe the following procedure:  (a) the worker concerned shall submit his grievance to his employer, in writing, by registered post within fifteen days of the occurrence of the cause of such grievance and the employer shall within fifteen days of receipt of..

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...... from the region of individual complaint into a general complaint on behalf of all the workers in the industry. Such widespread extension of labour unrest is not a rare phenomenon but is of frequent, occurrence......... 14. When our Act came to be passed, labour disputes had already assumed big..

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

Jahangir Alam (Md) alias Zakir Vs. State, 2004, 33 CLC (AD)

....ASM Khaleq­uzzaman, Advocate‑on‑Record‑For the Petitioner. Not represented‑The Respondent‑State. Criminal Petition for Leave to Appeal No. 26 of 2003. (From the judgment and order dated 5th November, 2002 passed by the High Court Division in Miscellaneous Case No. 1783 of 1997). ......rom the petitioner. 3. It was also alleged that the convict-­petitioner also threatened his wife with a razor when she raised alarm. Subsequently when the patrol police party came to the place of occurrence the accused‑petitioner was handed over to them and the police prepared seizure list aft..

Category: Criminal Law | Date: 9 Mar, 2004 | Hits: 93

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......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. ..

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......prisoner subsequently prefer an appeal from jail. These matters are disposed of by this judgment. 2. The prosecution case has been narrated by Mohd. Ayub Ali Mollah which is as follows: The occurrence took place on 24‑5‑97 at about 1.00/1.30 PM under Raipur Police Station. Shafali Begu..

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)

....8209;Record‑For the Petitioner. Md. Sajjadul Hoque, Advocate‑on‑Record- For the Respondent. Civil Petition for Leave to Appeal No. 889 of 2002. (From the order dated 24th April 2002 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 57 of 200......utta most illegally causing financial loss to the Government. It was also found that the respondent tried to misappropriate Taka 6000 at the time of payment of a Defence Savings Certificate. When the occurrence of temporary defalcation came to the knowledge of the authority the respondent deposited ..

Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125

State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)

.... Jessore found Anjuara Khatun guilty of offence of section 302 of Penal Code and convicted her there under. Following conviction she was awarded death sentence. Judgment of conviction and sentence is dated 17‑9‑2001. 24. Husband Tipu Sultan shall be referred to hereinafter as deceased Tipu ...... blood­ stained. He was, also, a witness to seizure of incriminating spade and other articles. 13. P.W.5 Mizanur Rahman in his testimony testified that accused Anjuara Khatun on the night of occurrence took refuge in his residence and message was sent to Tipu Sultan's house and people c..

Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7

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......rated by Sakhina Khatun (P.W.1) is as follows: 3. Deceased Shalema is her niece and wife of the condemned-prisoner Nazrul who was given in marriage with Nazrul about 5 years prior to the date of occurrence. In the said marriage they were blessed with a son aged about 4 1/2 years old. On 13-2‑..

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

State Vs. Bahar Miah, 2004, 33 CLC (HCD)

....‑Shishu Nirjatan Daman Bishesh Adalat, (sic) (Nari‑o‑Shishu Nirjatan Daman Tribunal) Comilla for confirmation of death sentence awarded to the condemned prisoner Bahar Mia by judgment and order dated 31‑1‑2002, in Nari‑o‑Shishu Nirjatan Case No. 73 of 2001. The condemned prisoner prefe......3. Prosecution case, in short, as narrated by Tarab Ali (PW 1) is as follows: Shamima Akhter, since deceased, is the niece of informant Tarab Ali. Shamima lost her father and he reared her up. The occurrence took place on 1‑11­-2000 at about 3.00 PM when Shamima was killed and he got the death..

Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163

Abdul Bashir alias Bashu Vs. State, 2004, 33 CLC (AD)

....dditional Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Respondent state. Criminal Petition for Leave to Appeal No. 17 of 2003. (From the Judgment and Order dated May 7, 2002 passed by the High Court Division in Death Reference No. 14 of 1998. (Heard along ......earned Counsel for the petitioner that the contradictions in the evidence of the alleged eye‑witnesses or in the evidence of the witnesses who immediately after the incident arrived at the place of occurrence were not considered. The submission so made is of general nature. It has not been specifi..

Category: Criminal Law | Date: 18 Jan, 2004 | Hits: 98

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...... 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:..

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

Ershad Ali Sikder (Md) Vs. State, 2003, 32 CLC (AD)

....t No. 1.  Criminal Petition for Leave to Appeal No. 97 of 2003 with Criminal Miscellaneous Petition No. 13 of 2003 and Jail Petition No. 7 of 2003. (From the judgment and order dated 28‑1‑2003 pawed by the High Court Division in Death Reference No. 13 and Criminal Jail App......tor was due to shock and hemorrhage as a result of the above mentioned injuries which were ante mortem and homicidal in nature.  4. Police during investigation visited the place of occurrence, seized incriminating articles under proper seizure list, and held inquest over the dead ..

Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122