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Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....tters namely, Company Matter No.96 of 2001 and Company Matter No.97 of 2001 were taken up together for hearing because the respondent in both the matters is the same company and issues involved are also same. 2. Both the petitioners are ex-employees of the respondent company M/s Edruc Limited. ......t within the meaning of section 241 which was section 162 of the 1913 Act. 7. I have examined the legal provisions as contained in the aforesaid sections of the Companies Act, 1994, (hereinafter called 'the Act') and these are the relevant sections which need to be considered in disposi......ation or damages for breach of contract or remuneration due for services rendered do not fit in with the category of "debt" because quantum of the claim has to be decided on evidence at the trial. But in case of debt quantum is definite and certain and, in fact, cannot be disputed. This as...... Edruc Limited ..........................................Respondent Judgment March 3, 2004. Result: The applications are dismissed. Cases Referred to- Amin Scales Ltd. and another Vs. Md. Yakub, 1987 BLD (AD) 259 = 39 DLR (AD) 201; Haridas Vs. Baroda Kishore, 27 Cal 3..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)
....e under section 374 CrPC read with section 25 of the Nari-o-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 has been made by the Nari-o-Shishu Nirjatan Daman Bishesh Adalat, Lakshmipur. Condemned prisoner Md. Abu Taher has faced trial before the Bishesh Adalat in Nari‑o‑Shishu Niriatan Daman Ca......the main fact in relation to its constituent details; (ii) one which applies it to the details of such fact merely; (iii) one which applies it to the "surrounding circumstances" of some central fact, called, in contradiction, the "principal fact"; and (iv) one which applies it to the total whole com......with section 25 of the Nari-o-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 has been made by the Nari-o-Shishu Nirjatan Daman Bishesh Adalat, Lakshmipur. Condemned prisoner Md. Abu Taher has faced trial before the Bishesh Adalat in Nari‑o‑Shishu Niriatan Daman Case No. 65 of 1997. The Bishesh...... Cases referred to- State Vs. Bahar Miah, Death Reference No. 3 of 2002. Lawyers Involved: Nikhilesh Dutta, Deputy Attorney General with Mohammed Baset, Assistant Attorney General and Fara Mahmuda, Assistant Attorney General ‑ For the State. Dr. Mohammad Abul Bashar, Advoc..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)
....peal setting aside the impugned judgment and order dated 18‑4‑2000 passed by the Administrative 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 p......ing, inter alia, that he had no knowledge about the opening of more than one account in his name and he never committed any offence of temporary defalcation as alleged. Thereafter, the respondent was called for personal hearing at the office chamber of Post Master General. On appearance the responde......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. ...... Md. Ruhul Amin J Md. Fazlul Karim J MM Ruhul Amin J Md. Tafazzal Islam J Government of Bangladesh represented by the Secretary, Ministry of Post, Telegraph and Tele communication and others....................Petitioners Vs. Abul Khair....Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
....on) Present: AK Badrul Huq J Md. Abu Tariq J State.............................................Petitioner Vs. Anjuara Khatun................................Condemned Prisoner Judgment February 17, 2004. ......asis of conviction. A Alim Vs. State, 45 DLR 43 has been referred to in support of said contention. 57. Disclosure of names of assailant by a person before his death whether written or verbal is called dying declaration. Principle of dying declaration is based upon Legal maxim "Nemo Moritu......ession made on 15-4‑1999 was, thereafter, retracted by her on 30‑4‑1999, after a period of fifteen (15) days. 5. Prosecution case programmed in First Information Report and unfurled during trial was that, on 13‑9‑1999 at about 11‑30 PM Tipu Sultan slept on western portico of a brick......hatun................................Condemned Prisoner Judgment February 17, 2004. Result: Death Reference No.43 of 2001 stands rejected. Criminal Appeal No.3459 of 2001 and Jail Appeal No.3887 of 2001 are dismissed. ..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)
....on for leave to appeal is directed against the judgment and order dated 27‑11‑2001 passed by a Single Bench of the High Court Division in Civil Revision No. 1783 of 1997 making the Rule absolute and thereby reversing the judgment and decree dated 30‑11-1996 passed by the learn......n the circumstances we find that the High Court Division on correct assessment and upon due consideration 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. ...... the petitioner and Mr. Md Nurul Amin the learned Advocate for the respondent No. I and perused the judgment of the High Court Division and other connected papers. 6. It appears that the trial Court after giving finding on all the 5 issues framed in the suit including the maintainabilit......petition is dismissed. Ed. ..Category: Property Law | Date: 11 Feb, 2004 | Hits: 127
Wali Ahmed Bhuiyan Vs. Dr. Jahangir Hossain Bhuiyan, 2004, 33 CLC (AD)
....ion upon observing that plaintiff in support of his case has examined himself alone and no other independent witness to corroborate his claim of bonafide requirement of the premises in suit. It was also noticed by the High Court Division that earlier plaintiff took other part of the premises from de......h Court Division of the kind calling for interference by this Division, the petition lacks merit. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... defendant‑respondent on the ground of bonafide requirement. 3. The suit was contested by the defendant-respondent denying the material avertments made in the plaint. 4. The trial Court dismissed the suit on the finding that plaintiff failed to make out a case of bonafide r......he Premises Rent Control Act, 1991 (III of 1991), Section 10 The contention of bonafide requirement of the premises for use of the owner should have to be substantiated by disinterested and reliable witness. Lawyers involved: Khondker Mahbubuddin Ahmed, Senior Advocat..Category: Civil Law | Date: 11 Feb, 2004 | Hits: 209
State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)
....ellip;………………………………Appellant Vs. Nazrul Islam @ Nazrul……………Condemned Prisoner Judgment January 20, 2004. Result: The Death Reference is rejected the Jai...... he did not try to flee away. 10. The prosecution has tendered Halima Aktar (P.W.5). In cross-examination, she stated that Nazrul is not related to her, that she is a neighbour, that he was called as "Pagla Nazrul", that sometimes he became completely mad and chased people that a......ned-prisoner and after investigation, having found a prima facie case submitted charge-sheet against the condemned prisoner. The case record was eventually sent to the learned Sessions Judge for trial. The learned Additional Sessions Judge who took up the case for trial, framed charge under sec......;…Condemned Prisoner 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..Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
....e of the issue and not upon the party who denies it; for a negative is usually incapable of proof. This Rule is derived from Roman Law and, is supportable not only on the ground of fairness but, also, upon that of the greater practical difficulty which is involved in proving a negative than in p...... 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. ...... 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. ......7) 69. ..Category: Property Law | Date: 20 Jan, 2004 | Hits: 6
State Vs. Moslemuddin (Md), 2004, 33 CLC (AD)
....1 under section 403 of the Penal Code and section 5(2) of the Prevention of Corruption Act, II of 1947 by which the respondent was convicted by the Tribunal and was sentenced to suffer rigorous imprisonment for one year separately under both the sections and to pay a fine of Taka 1000/on both count......tence is illegal". In view of above position we fined no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed.  Ed. ......sil Kachari the respondent Tahsildar, after keeping the money in the safe custody of Jamurki Tahsil Kachari, went home and subsequently he deposited the money in the Sonali Bank after his arrest. The trial Court, after hearing, convicted the respondent and passed sentence as aforesaid, Against the a......itional Attorney ÂGeneral, instructed by AM., Md Wahidullah Advocate‑on Record‑For the Appellant. Not represented‑The Respondent. Criminal Appeal Nos. 27 of 1997. (From the Judgment and order dated 28 June 1995 passed by the High Court Division in Criminal Appeal No. 2013 of 1992)...Category: Anti-Corruption Laws | Date: 19 Jan, 2004 | Hits: 96
State Vs. Bahar Miah, 2004, 33 CLC (HCD)
.... High Court Division (Criminal Appellate Jurisdiction) Present: SK Sinha J Md. M Rahman Bhuiyan J State……………Petitioner Vs. Bahar Miah …….......... Condemned Prisoner Judgment January 18, 2004. Result: The death reference is rejected. Cases Ref......sts also in part on the veracity and competence of some other person. The evidence of those who do not know the person but have only heard of his reputation is 'hearsay' statement made by persons not called as witness are inadmissible to prove the truth of the matters stated, except when such statem......t the judgment and order of conviction. Since these matters arise out of the same judgment, they are disposed of by this judgment. 2. Condemned prisoner Bahar Mia along with two others were put on trial before the Nari‑oÂ-Shishu Nirjatan Daman Tribunal, shortly, the Tribunal, Comilla to face c......ate……………Petitioner Vs. Bahar Miah …….......... Condemned Prisoner Judgment January 18, 2004. Result: The death reference is rejected. Cases Referred to- Sris Chandra Nandy Vs. Rakhalananda Thakur, AIR 1941 PC 16; State Vs. Eunus Kha, 5 BLC 353; State Vs. Manna..Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163
Abdul Bashir alias Bashu Vs. State, 2004, 33 CLC (AD)
....The Code of Criminal Procedure, 1898 (V of 1898), Section 374 The Penal Code, 1860 (XLV of 1860), Section 302 Delay cannot be a ground for commutation of the sentence of death awarded to the prisoner and altered to the sentence of imprisonment for life. Lawyers Involved: Shaukat Ali Kha......6‑9‑1995 was registered. On completion of investigation Police submitted charge‑sheet against the condemned prisoner and another and thereupon they were put on trial. The condemned prisoner was called upon to answer the charge under sections 302/326 and 307 of the Penal Code and the other accu......pon Fulbaria PS Case No. 4 dated 16‑9‑1995 was registered. On completion of investigation Police submitted charge‑sheet against the condemned prisoner and another and thereupon they were put on trial. The condemned prisoner was called upon to answer the charge under sections 302/326 and 307 of......de of Criminal Procedure, 1898 (V of 1898), Section 374 The Penal Code, 1860 (XLV of 1860), Section 302 Delay cannot be a ground for commutation of the sentence of death awarded to the prisoner and altered to the sentence of imprisonment for life. Lawyers Involved: Shaukat Ali Khan, Sen..Category: Criminal Law | Date: 18 Jan, 2004 | Hits: 98
Abdus Sobhan Mandal (Md) Vs. Md. Jonab Ali Fakir & others, 2005, 34 CLC (AD)
....p; Syed JR Mudassir Husain J.- The pre-emptee-petitioner is seeking leave to appeal against the judgment and order dated 23rd May, 1999 passed by the High Court Division making the Rule absolute in Civil Revision 3891 of 1997. 2. The facts, leading to this petition, ar....... 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. ...... The Code of Civil Procedure, 1908 (V of 1908), Order XLI, Rule 31 The appellate Court being the final Court of fact while reversing the judgment of the trial Court must discuss and consider the material evidence on record……..(6) ...... Ed. ..Category: Civil Law | Date: 18 Jan, 2004 | Hits: 264
Hafizur Rahman & another Vs. State and others, 204, 33 CLC (HCD)
.........................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: Khondk......le is discharged. 8. The order staying further proceeding of GR No.382 of 2000 arising out of Dhanmondi PS Case No.49(2) 2000 at the time of issuance of the Rule 17‑10‑2001 is hereby recalled. Communicate this order to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. ...... the case which is not generally done in an application under section 561A of the Code of Criminal Procedure. The accused petitioners would get an opportunity to raise the grievance if any before the trial Court at the time of framing charge whether offence under sections 315/316 or 304A of the Pena...... (Criminal Revisional Jurisdiction) Present: Md. Ali Asgar Khan J Md. Ashfaqul Islam J Hafizur Rahman & another.....................Accused-Petitioners Vs. State and others......................................Opposite Parties Judgment January 17, 2004..Category: Criminal Law | Date: 17 Jan, 2004 | Hits: 3
Securities and Exchange Commission, represented by its Chairman Vs. Runa N Alam, 2004, 33 CLC (AD)
....f the accused and the prosecution to come to a considered finding that there is no sufficient ground for proceeding against the accused and while discharging the accused the Court shall record the reasoning for the same but in the instant case, learned Additional Sessions Judge having found on consi......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: ......e and, as such, was liable to be punished under section 24 thereof. 4. The Chief Metropolitan Magistrate took cognisance of the offence and sent the case to the Court of Sessions Judge, Dhaka for trial. The learned Additional Sessions Judge, First Court, Dhaka transferred the case upon setting u......ly allowed. Ed. This Case is also Reported in: ..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)
....and another……………………………….Opposite Parties Judgment December 15, 2003. Result: The Rule is made absolute. Cases Referred to- AIR 1990 Calcutta 225; AIR 1974 (Delhi) 91; AIR 1959 Calcutta 5......d they resulted to a number of litigations but to no effect in the civil court and thus he has been compelled to file the instant application under section 46 of the Trade Mark Act, 1940 (hereinafter called "the Act"). In granting registration of the mark of the opposite party No.2 the pro......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. ......;……………………………………………….Petitioner Vs. The Registrar of Trade Marks and another……………………………&..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)
.... the appellants of the charges under sections 143, 448, 427, 342, 386 and 380 of the Penal Code. The Government as against the order of acquittal has filed Government Appeal No. 8 of 2001. The appeal so filed being out of time by 150 days filed an application under section 5 of the Limitation Act se......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. ......laint. A case registered upon lodging of an Ejaher in a police station and culminating in filing of charge‑sheet and thereupon person (s) so recommended by the police for prosecution was put on trial and the trial ends in acquittal and thereupon if Government files an appeal either before the ...... by Md Ahsanullah 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..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)
....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, ADB's Domestic Preference Scheme would be applied; in section III of the Instructions o.......3 of ITB and the discount is stated pursuant to clause 14.4, the question immediately arises as to when the discount will operate displacing the normal price quoted pursuant to clause 14.3. The so‑called "condition" of awarding contract of four lots is not a condition for the discount of 20% of t...... 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:......n:..Category: Others | Date: 10 Dec, 2003 | Hits: 261
Syed Md. Anwarul Haque and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....kim J.-All these Rules concern common questions of law and are, therefore, being disposed of by this single judgment. 2. In all these Writ Petitions the petitioners have impugned the second proviso to section 4 of the Muslim Marriages and Divorces (Registration) Act, 1974, (Act No.LII of 1974).......s 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. 8. Provided...... This Case is also Reported in: 57 DLR (2005) 248. ......sp; ..Category: Family Law | Date: 9 Dec, 2003 | Hits: 4
Ershad Ali Sikder (Md) Vs. State, 2003, 32 CLC (AD)
.... The victim survived for weeks in the hospital due to intensive care and treatment after sustaining injury caused brutally upon him and thereafter succumbed to injuries. Survival of the victim for sometime after the injury was caused upon is not a ground for lesser sentence. The extent of brutal...... by him against the order of conviction and sentence as aforesaid. 2. The case of the prosecution, in brief, is that over the Khulna ferry ghat affairs condemned prisoner Ershad Ali Skidders called Monir (PW 3) to come to a meeting scheduled to be held on 16‑5Â-1999 between 9‑00 and 9â...... judicial confession and his statement was obtained by undue influence by the police. 7. Noor Alam implicated the condemned-Âprisoner Ershad Ali Sikder. 8. During trial the condemned‑prisoner along with others stood charged under sections 302/ 34/325 of the Pen......, 1898 (V of 1898), Section 374 The Penal Code, 1860 (XLV of 1860), Section 320 The victim survived for weeks in the hospital due to intensive care and treatment after sustaining injury caused brutally upon him and thereafter succumbed to injuries..Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122
....er 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 also prayed for mandatory injunction against the defendant petitioner; for her reinstatement in servic......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:
......spondents
Judgment
December 8, 2003.
The Specific Relief Act, 1887 (1 of 1887), Section 42
Court of appeal below being the final court of fact having legally reversed the finding of the trial court and the High Court Division in their revisional jurisdiction having committed, no illega......
Supreme Court
Appellate Division
(Civil)
Present:
Md. Ruhul Amin J
MM Ruhul Amin J
Syed JR Mudassir Husain J
Kadamtala Purba Basaboo Uchcha Bidalaya and others the same..............Appellants
Vs.
Hasna Hena Sarker @ Hasna Heba Sarker & or..
Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209
8910629915088931496788948590146568016082895495871015653888070154