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AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....s appeal by leave granting in Civil Review Petition No.1 of 2001 is from the judgment and order dated 21‑8‑2000 passed in Civil Appeal No. 132 of 1998 dismissing the appeal. 2. The short fact relevant for disposal of the appeal is, in brief, that the five appellants instituted the Administra......aid appeal was heard and dismissed on merit, the Civil Petition for Leave to Appeal No. 826 of 1998 shall also stand dismissed without any order as to costs. Ed. This Case is also Reported in: ......zzul Islam J MA Aziz J Amirul Kabir Chowdhury J AHM Mustain Billah & others…………. Petitioners Vs. Bangladesh represented by the Secretary, Ministry of Establishment and others ...........Respondents Judgment May 23, 2004. The Constitution of Bangladesh......aid appeal was heard and dismissed on merit, the Civil Petition for Leave to Appeal No. 826 of 1998 shall also stand dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
....se and would be dealt with after taking evidence in the case but the learned Advocate submits, section 28 enjoins upon the learned Judge to dispose of the petition after taking into consideration the relevant points as raised in the petition filed under the said provision but he failed to exercise h......he Bankruptcy Court is directed to dispose of the bankruptcy case expeditiously.
The order of stay granted earlier by this Court
Ed.
This Case is also Reported in: 57 DLR (2005) 716.
......7 DLR (2005) 716.
......he Bankruptcy Court is directed to dispose of the bankruptcy case expeditiously.
The order of stay granted earlier by this Court
Ed.
This Case is also Reported in: 57 DLR (2005) 716.
..
Category: Banking Law, Corporate Law | Date: 10 May, 2004 | Hits: 9
Asadul Hoque, Trading as Samrat Shoe Vs. Registrar of Trade Marks & another, 2004, 33 CLC (HCD)
....r under the said section of the Code, therefore, he did not commit any illegality in passing the impugned order and, as such, the question of setting aside the same does not arise at all. 6. The relevant provision regarding the exercise of power by the Registrar of Trade Marks to cancel or vary......and prayed for renewal of trade mark. On the basis of the said application the matter was reopened by the Registrar and he, by his order dated 11‑6‑1997, asked the applicant respondent for filing papers in support of his case. The respondent filed some affidavits before the Registrar. In the aff......the subsequent proprietor of registered trade mark No.27185 in Class‑25 cancelling his earlier order dated 29‑4-1993 passed on an application filed by the appellant on 31‑3‑1993 in TM 24 and dated 6‑4‑1993 in TM 38. 2. Short facts, necessary, for the disposal of this appeal are...... observations made hereinbefore. The impugned order passed by the Registrar of Trade Marks is set aside. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 565. ..Category: Others | Date: 5 May, 2004 | Hits: 4
Sunder Ali being dead his heirs A. Hannan & ors. Vs. Md. Serajul I. Sarker & ors., 2004, 33 CLC (AD)
....ed and has also specifically stated the facts in the background of which they were constrained to file the suit. 10. The learned Counsel submits that sufficient facts were given in the relevant paragraphs of the plaint disclosing cause of action and, as such, the High Court Division ......allowed. The trial Court is directed to proceed with the trial of Title Suit No. 4 of 1995 and to dispose of the same expeditiously. There is no order as to costs. Ed. ...... Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Sunder Ali being dead his heirs Abdul Hannan and others .........Appellants Vs. Md. Serajul Islam Sarker & others...................allowed. The trial Court is directed to proceed with the trial of Title Suit No. 4 of 1995 and to dispose of the same expeditiously. There is no order as to costs. Ed. ..Category: Property Law | Date: 27 Apr, 2004 | Hits: 102
Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
....d dated 22‑6-2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ......view of the named Arbitrator in the Arbitration clause of the contract. It was, inter alia, stated that the respondent company on 27‑3‑1995 received the work order along with full set of required papers, plans, specifications, layout, etc. so that the company could perform the work in time, encl......to make an order of reference to the arbitrator appointed by the parties, whether in the agreement or otherwise. The Court can appoint an arbitrator only when the contract did not name any arbitrator and the parties failed to agree to appoint an arbitrator. Not otherwise. 'No objection' on b......d dated 22‑6-2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3
Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)
....nder the circumstance the appellant under the aforesaid clause 1.1, was not entitled to any price escalation/ adjustment. The contract is the conclusive document so far as the bid price and all other relevant matters are concerned and the contract having not provided for price adjustment there is no...... Court Division do not call for any interference. In the result the appeal is dismissed without any order as to costs. Ed This Case is also Reported in: 57 DLR (AD) (2005) 31. ......is also Reported in: 57 DLR (AD) (2005) 31. ......s are made applicable to procurement of goods and work for the subjects as provided in the agreement This rights and obligations of the borrower and the providers of goods are governed by the bidding documents and by the contracts signed by the borrowers with the providers of goods and works and not..Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215
Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)
....ave been executed by the respondent and to decide the appeal iii accordance with law. The plaintiff of the suit shall bear the costs of the examination by the Handwriting Expert. Ed. ......ave been executed by the respondent and to decide the appeal iii accordance with law. The plaintiff of the suit shall bear the costs of the examination by the Handwriting Expert. Ed. ...... Syed JR Mudassir Husain CJ Md Fazlul Karim J Amirul Kabir Chowdhury J Nurul Huq (Md) @ MN Huq ………….Appellant Vs. Nirmal Chandra Dutta and another ........................Respondents Judgment April 5, 2004. ......are forged while the appellant asserted the same to be genuine. In view of the contentious submissions of the parties, we are of the view that it was the duty of the courts below to send the impugned documents to Handwriting Expert for opinion. Such opinion being not taken by either of the Courts be..Category: Property Law | Date: 5 Apr, 2004 | Hits: 103
Monajjel Hossain Khan Vs. State, 2006, 35 CLC (AD)
....al Revision Case No. 1257 of 2003 refusing interference with the order dated 8-11-2003 passed by the Magistrate, Gopalganj sending the application to the Investigation Officer with a direction to add relevant section of the Druta Bichar Ain if there are ingredients of the aforesaid Ain in the allega......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. ......Khan alias Mintoo.......................Petitioner vs State, Represented by the DC......................Respondent Judgment March 24th, 2004. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate (Syed Ziaul Karim, Advocate, with him), Instructed by Md. ......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
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....ditional Sessions Judge, 1st Court, Khulna in Sessions Case No. 8 of 2000 arising out of Khulna PS Case No. 23 dated 19‑5‑1999 corresponding to GR No. 632 of 1999. 2. Facts relevant for disposal of this case is, that on 18‑5‑1999 one Syeda Choliara Khanom, dau......e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ......nion could be arrived at on fresh evaluation of the evidence………(14) Cases Referred to- Zenith Packages Ltd vs Member, Labour Appellate Tribunal, Dhaka and others 52 DLR (AD) 160; Zulfikar Ali Bhutto vs State PLD 1979 SC 741 and Ekushey Television Ltd......e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
....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.......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....... Present: Md. Ruhul Amin J MM Ruhul Amin J Amirul Kabir Chowdhury J Aftab Ali (Captain Retired)......................Appellant Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu and others………Respondents Judgment March 20, 2004. The Code of Civil Procedure, 1908......ending back the suit to the trial Court since the High Court Division was very much competent to compare the signatures of the defendant appearing in the 'bainapatra' with the signatures in the other documents already oil record. 7. It is seen from the judgment of the High Court Division that th..Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
.... Judgment March 16, 2004. The Pourashava Ordinance, 1977 (XXVI of 1977), Section 13(1) (d) The resolution of no-confidence taken against the petitioner upon due compliance of relevant law and such resolution having been approved by the competent authority, the order of rem......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. ...... March 16, 2004. The Pourashava Ordinance, 1977 (XXVI of 1977), Section 13(1) (d) The resolution of no-confidence taken against the petitioner upon due compliance of relevant law and such resolution having been approved by the competent authority, the order of removal of the pe......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
....ngs or services geared to celestial bliss i.e. making on a large scale prasad or food) prima facie there is an industry in that enterprise.
(b) Absence of profit motive or gainful objective is irrelevant, be the venture in the public, joint, private or other sector.
(c) The true focus is f......
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.
......t
High Court Division
(Special Original Jurisdiction)
Present:
ABM Khairul Haque J
Md. Miftahuddin Choudhury J
Chittagong City Corporation, represented by its Mayor and 3 others............Petitioners
Vs.
Md. Afzal Hossain and others ...........................
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
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....s 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 disposing the preliminary objection that has been r......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. ...... 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......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)
....ot show that the condemned prisoner attended in the funeral of the victim rather he was on the run just immediately after the occurrence, and that his absence just immediately after the occurrence is relevant under section 8 of the Evidence Act pointing finger to his guilt that he was responsible fo......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. ...... 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......lice report under section 173 of the Code of Criminal Procedure available with the record. We direct the learned Magistrate to consider the record of the case and on consideration of the same and the documents submitted therewith, if he finds prima facie case against the condemned prisoner, he shall..Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
....t be the transfer of lease which the Government acquired from a juristic person incorporated in the then West Pakistan because it already extinguished and merged in the paramount title, vested at the relevant time in the Government and further, since late Shamsur Rahman, predecessor‑ in‑ interes......the above writ petition, contested the above writ petition and filed affidavit‑in‑opposition contending, inter alia, that Government, after necessary verification and examination of documents and papers released the above holding from the list of abandoned properties in favour of respondent No. ......ithout any order as to costs. Ed. ......dent No. 1 in the above writ petition, contested the above writ petition and filed affidavit‑in‑opposition contending, inter alia, that Government, after necessary verification and examination of documents and papers released the above holding from the list of abandoned properties in favour of r..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
....ontained in sections 24‑30 of the Evidence Act while adjunctive law is found in sections 163, 164, 364 and 533 of the Code of Criminal Procedure. Sections 24 to 26 lay down when confessions are not relevant i.e. provable. Sections 27‑29 are limitations to their operations. A confession may be or......Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277. ......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. ......Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277. ..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)
....onsideration 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. ......e learned Advocate‑on‑record for 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 fra......petition is dismissed. Ed. ......onsideration 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. ..Category: Property Law | Date: 11 Feb, 2004 | Hits: 127
State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)
....and how the learned Additional Sessions Judge took judicial notice of another proceeding and used the same against the condemned-prisoner. He fails to notice the previous judgment, order or decree is relevant when it is tendered in evidence in support of a plea of autrefois acquit but it would be un......ng the guilt of the condemned prisoner of the offence charged against him. Judges should administer justice on the basis of the materials on record and not on any other extraneous facts. The newspapers reporting influenced him so much that he had forgotten what was legal or illegal. This observ......;…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...... 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
State Vs. Moslemuddin (Md), 2004, 33 CLC (AD)
....estigating officer in the charge‑sheet mentioned about the order of the Superintendent of Police, Tangail of his Memo No. 123 dated 16‑2‑91. The learned Deputy Attorney‑General has placed the relevant order of sanction of the President's Secretariat before us by a supplementary affidavit. He......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. ......itional Attorney General, 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).......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. ..Category: Anti-Corruption Laws | Date: 19 Jan, 2004 | Hits: 96
State Vs. Bahar Miah, 2004, 33 CLC (HCD)
....ublic prosecutor to lead such inadmissible evidence. 8. The general rule of the Evidence Act is that all evidence must be direct, i.e. the fact to be deposed to, whether it is a fact in issue or a relevant fact, must be deposed to, by a person who has seen it if it is one which could be seen, by ......he offence for taking necessary steps in accordance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ......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...... 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
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