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Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)

.... Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 48 DLR (AD) 62; Managing Director, Rupali Bank Ltd. Vs. Chairman, 1st Labour Court & others, 46 DLR (HC) 143; Al-haj Abul Basher Vs. Bangladesh and others, 50 DLR (AD) 11; The Chairman, Bangladesh Textile Mills Corporation Vs. Nasir......tion) Present: Md. Muzammel Hossain J Farid Ahmed J Hasmot Ali and others……………………………………………………………………………Petitioners Vs. The Chairman, 3rd Labour Court, Dhaka and others………………………..Respondents ......on No.1699 of 2004 and Writ Petition No.1700 of 2004). Garib Newaz with Moksuda Begum, Advocates-For the Petitioners (Writ Petition No.1695 of 2004 with Writ Petition No.1698 of 2004). Abdul Wadud Bhuiyan with Md. Shamsur Rahman, Advocates-For the Respondent Nos.2-5. Writ Petiti......periods will be treated as leave without wages. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ..

Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9

Bangladesh Legal Aid and Services Trust (BLAST) Vs. State and four others, 2006, 35 CLC (HCD)

....176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ...... (Special Original Jurisdiction) Present: ABM Khairul Haque J ATM Fazle Kabir J Bangladesh Legal Aid and Services Trust (BLAST)................................Petitioner Vs. State and four others................................Respondents Judgment April ......nt. In the result, the Rule is made absolute but without any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ......nt. In the result, the Rule is made absolute but without any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ..

Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131

Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)

....…………….Re­spondents Judgment April 18, 2006. Result: The Rule is made abso­lute. Cases Referred to- Registrar, Supreme Court of Bangladesh Vs. Md. Sofiuddin and another, 6 BLC (AD) 141; Anwarul Huq Khan Vs. Government of Banglad...... Md. Abdul Matin J ATM Fazle Kabir J Md. Zulfikar Mahmud……………………………………Petitioner Vs. The National University, Gazipur repre­sented by the Vice-Chancellor, Gazipur-1706 and ......ent and report compliance. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 495. ......d to implement this order as per rules within 30 days from the date of receipt the copy of this judgment and report compliance. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 495. ..

Category: Employment/Service Law | Date: 18 Apr, 2006 | Hits: 2

Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)

....of the Act empowers the Director General or an officer authorized by him, an Inspector of Police or a person above his rank, a Customs Inspector or a person above his rank, an inferior Officer of the Bangladesh Rifles or above his rank, to enter into and search in the manner prescribed thereunder be...... Chowdhury J Rabya Khatun…………………………………………………..Petitioner Vs. The State and another……………………&helli...... by the accused-appellant himself without re­quirement for search". The view was taken relying on a single Bench decision in Kochi @ Jishan & others Vs. The State, 8 BLD 412. 27. In Abdul Razzak Talukder Vs. The State, 51 DLR 83, the conviction of the appel­lant under sections ......appellant is found not guilty of the charge and she be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 473. ..

Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10

Hazi Afsar Uddin Mina and others Vs. Alhaj Sk. Sultan Ali and others, 2006, 35 CLC (HCD)

....ter of the compromise decree whether it is forged or genuine. Learned Senior Assistant Judge, Bagerhat Sadar shall, also, report compliance of the order of this Court to Registrar of Supreme Court of Bangladesh immediately after the disposal of the Suit. Ed. This Case is also Reported in: 15 B......D) (2007) 303. ...... report compliance of the order of this Court to Registrar of Supreme Court of Bangladesh immediately after the disposal of the Suit. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 303. ...... report compliance of the order of this Court to Registrar of Supreme Court of Bangladesh immediately after the disposal of the Suit. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 303. ..

Category: Procedural Law | Date: 18 Apr, 2006 | Hits: 29

Delwar Hossain Vs. State and others, 2006, 35 CLC (HCD)

....nd as bar in the way of learned Court below to take decision freely and fairly in accordance with law upon materials on record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 258. ......e Court High Court Division (Criminal Appellate Jurisdiction) Present: Md. Abdul Quddus J Md. Abdul Hye J Delwar Hossain.................................Appellant Vs. The State and others.........................Respondents Judgment April 17, 2006......pon materials on record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 258. ......nd as bar in the way of learned Court below to take decision freely and fairly in accordance with law upon materials on record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 258. ..

Category: Women and Children | Date: 17 Apr, 2006 | Hits: 24

Government of Bangladesh Vs. Kalimuddin Pramanic and others, 2006, 35 CLC (HCD)

..... Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 131. ...... (Civil Jurisdiction) Present: Syed Mahmud Hossain J Government of Bangladesh……………………………Petitioner Vs. Kalimuddin Pramanic and others…………………..Opp......ip;..Opposite Parties Judgment March 28, 2006. Result: The Rule is made abso­lute. Cases Referred to- Jafar Ali Vs. Khagendra Chandra Dutta and others, 1983 BLD 32; Abdul Majid and others Vs. The Province of East Pakistan and others, (1971) 23 DLR 203. Lawyers......t plot Nos.794 and 2546/2583 to anybody. No order as to costs. Send down the L.C. record with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 131. ..

Category: Property Law, Tenancy Law | Date: 28 Mar, 2006 | Hits: 4

Ms. Ok Kyung Oh Vs. State, 2006, 35 CLC (HCD)

....mplaint in Nari-O-Shishu Case no.18 of 2005 by Nari-O-Shishu Nirjatan Daman Tribunal, is upheld. 24. Copy be sent down accordingly. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 26. ...... Present: Md. Abdul Quddus J Md. Abdul Hye J Ms. Ok Kyung Oh, daughter of Mr. Man Ho Oh, present resident of House No.25, Road No.27, Sector 7 Uttara Dhaka-1230..................Appellant Vs. 1. The State, represented by the Deputy Commissioner, Gazipur, 2. Mr. Bo Sun Park Son of M......d. 24. Copy be sent down accordingly. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 26. ......mplaint in Nari-O-Shishu Case no.18 of 2005 by Nari-O-Shishu Nirjatan Daman Tribunal, is upheld. 24. Copy be sent down accordingly. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 26. ..

Category: Women and Children | Date: 22 Mar, 2006 | Hits: 84

Kishore Kumar Dutta Vs. State, 2006, 35 CLC (HCD)

....s than 5 years for the attempt to inflict injury. 26. The said Ain had undergone an amendment namely Nari-O-Shishu Nirjatan Daman (Sangasdhan) Ain, 2003 (Act No.XXX of 2003). It was published in Bangladesh Gazette Extra-Ordinary on 19th July, 2003 and it became effective since that date. 2......(2007) 174. ......en on bail in the Criminal Appeal, bail bond furnished by him stands discharge. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 174. ......en on bail in the Criminal Appeal, bail bond furnished by him stands discharge. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 174. ..

Category: Women and Children | Date: 20 Feb, 2006 | Hits: 127

Rafiqul Islam (Md.) Vs. State, 2006, 35 CLC (HCD)

.... the same bail granted by the Tribunal till disposal of the case. Let the copy of the judgment be set down at once. Ed. This Case is also Reported in: 58 DLR (2006) 244, 26 BLD (HCD) (2006) 96. ...... Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Sheikh Rezowan Ali J Md. Abu Tariq J Rafiqul Islam (Md.) ………………………. Accused-Petitioner Vs. State …………………………………………………………..Opposite Party. ......…………………………………..Opposite Party. Judgment February 13, 2006. Cases Referred to- AIR 1949 Mad 77; Lakhi Naragam Kundu Vs. Crown, 4 DLR 352. Lawyers Involved: Abdul Latif Prodhan. Advocate—For the Petitioner. Ireen Mahahub, Deputy Attorney-General—For ...... the same bail granted by the Tribunal till disposal of the case. Let the copy of the judgment be set down at once. Ed. This Case is also Reported in: 58 DLR (2006) 244, 26 BLD (HCD) (2006) 96. ..

Category: Women and Children | Date: 13 Feb, 2006 | Hits: 98

Md. Abdul Hannan alias Khalil Vs. Sate and another, 2006, 35 CLC (HCD)

.... Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 291. ......me Court High Court Division (Criminal) Present: AKM Fazlur Rahman J Sayed Mohammad Ziaul Karim J Md. Abdul Hannan alias Khalil………………………Appellant Vs. The Sate and another……………………...........Respondents Judgment Febru...... This Case is also Reported in: 13 MLR (HCD) (2008) 291. ...... Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 291. ..

Category: Women and Children | Date: 7 Feb, 2006 | Hits: 78

Moju Bibi and others Vs. Abdul Aziz and others, 2006, 35 CLC (HCD)

.... order as to cost. The judgments and decrees of the courts below are upheld. The lower Courts record be sent down at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 639. ......an Bhuiyan J Moju Bibi and others……………………………………………….Petitioners Vs. Abdul Aziz and others……………………&helli......n J Moju Bibi and others……………………………………………….Petitioners Vs. Abdul Aziz and others………………………&hellip...... order as to cost. The judgments and decrees of the courts below are upheld. The lower Courts record be sent down at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 639. ..

Category: Property Law, Procedural Law | Date: 25 Jan, 2006 | Hits: 5

M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)

.... constructed a pucca house thereon and she herself resided in the house and thus she has been enjoying the suit property. 4. It is further stated in the plaint that af­ter the liberation of Bangladesh, the suit prop­erty was wrongly treated as abandoned prop­erty and the same was vested...... (Civil Appellate Jurisdiction) Present: Siddiqur Rahman Miah J Syed AB Mahmudul Huq J M. Manzur Ahmed……………………………………………………Appellant Vs. Mrs. Inge Flatz and others…………………………………….Respondent Judgm...... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ...... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ..

Category: Property Law | Date: 15 Dec, 2005 | Hits: 8

Abdul Aziz & Government of Bangladesh Vs. Hindu Deity Luxmi Gobinda Jew & ors, 2006, 35 CLC (AD)

....on Judgment Here. Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Abdul Aziz....Appellant (In Civil Appeal No. 216 of 2000) Government of Bangladesh, represented by the Deputy Commissioner & Deputy Custodian Enemy Property, Dhaka .......... No. 216 of 2000) Government of Bangladesh, represented by the Deputy Commissioner & Deputy Custodian Enemy Property, Dhaka .....................Appellant (In Civil Appeal No. 217 of 2000) Vs. Hindu Deity Luxmi Gobinda Jew and oth­ers .... Respondents (In both the appeals) Judgme......also Reported in: ......the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is dis­missed without any order as to cost. Ed. This Case is also Reported in: ..

Category: Property Law | Date: 8 Dec, 2005 | Hits: 90

Most. Musarraf Sultana Vs. Principal and Member-Secretary, Kanchipara Mahabidhyalaya and others, 2005, 34 CLC (HCD)

.... Ali and ors, 51 DLR (AD) 31; Sheikh Roushan Ali Vs. Board of Intermediate and Secondary Educa­tion, Jessore and others, 48 DLR (HCD) 128; The Province of East Pakistan Vs. Mir Golam Sarwar, 341; Bangladesh Water Development Board, rep­resented by its Chairman Vs. Syed Moazzem Hossain and othe......al Jurisdiction) Present: Md. Abdul Aziz J Most. Musarraf Sultana………………………………………………………………………………………Petitioner Vs. Principal and Member-Secretary, Kanchipara Mahabidhyalaya and others……Opposite Partie...... at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 66. ......med to have been in her service in the post of Lecturer in Econom­ics. Send down the lower Court records at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 66. ..

Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6

Abdul Sobahan and others Vs. Noresh Chandra Mondal and others, 2005, 34 CLC (HCD)

....rties is hereby affirmed. The order of stay granted by this Court 11.1.2004 and its subsequent extensions is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 91. ......) (2007) 91. ......sions is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 91. ......rties is hereby affirmed. The order of stay granted by this Court 11.1.2004 and its subsequent extensions is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 91. ..

Category: Procedural Law | Date: 4 Dec, 2005 | Hits: 3

Industries Chemie BV Vs. SMA Quddus and another, 2005, 34 CLC (HCD)

....rade Mark "Well Run" used as brake fluid. In the application in TM 5 it was stated that the appellant has been manufacturing and selling their goods brake oil throughout the world including Bangladesh since long before in the world market under the Trade Mark "Well Run" being reg......l Appellate Jurisdiction) Present: Md. Awlad Ali J Zinat Ara J Industries Chemie BV…………………………..Applicant Vs. SMA Quddus and another..................Respondents Judgment November 30, 2005. ...... in favour of the respondent No.1. No order at to cost. The connected Rule being Rule No. 4 (TM)/2001 is disposed of. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 758. ...... in favour of the respondent No.1. No order at to cost. The connected Rule being Rule No. 4 (TM)/2001 is disposed of. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 758. ..

Category: Intellectual Property Law | Date: 30 Nov, 2005 | Hits: 142

State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)

....d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229....... High Court Division (Civil Appellate Jurisdiction) Present: Khondker Musa Khaled J Moyeenul Islam Chowdhury J State………………………………..Respondent Vs. Maku Rabi Das…………………….Condemned-Prisoners Judgment November 21, 2......9 DLR (SC) 211; State Vs. Rokeya Begum and another, 13 BLT 377 = 10 BLC 687. Lawyers Involved: Fazilatun Nessa, Deputy Attorney-General with Nasreen Akhter, Assistant Attorney-General and Abdul Malek, Assistant Attorney-General—For the State. Md. Khalilur Rahman Bhuiyan, State Def......d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229...

Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82

Md. Habibur Rahman Vs. State, 2006, 35 CLC (AD)

....nbsp; 8.  In such view of the matter we do not find any illegality in the judgment passed by the courts below. The criminal petition is, therefore, dismissed.  Ed. ......ssir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J  Md. Habibur Rahman………………………Petitioner Vs. The State…………………………......llip;…………………………..Respondent  Judgment October 23, 2005    Lawyers Involved:  Abdul Malek, Senior Advocate, (S.M. Shajahan, Advocate, with him), in­structed by Mrs. Sufia Kha......nbsp; 8.  In such view of the matter we do not find any illegality in the judgment passed by the courts below. The criminal petition is, therefore, dismissed.  Ed. ..

Category: Criminal Law | Date: 23 Oct, 2005 | Hits: 83

Jabbar and others Vs. State, 2005, 34 CLC (HCD)

....d down the lower Court's records at once with a copy of this judgment, for in­formation and taking necessary action. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 29.  ......Appellate Jurisdiction) Present: AKM Fazlur Rahman J Syed Mohammad Ziaul Karim J Jabbar and others………………………………………………………..Appellants Vs. The State…………………………………………………………………….R......ed by unidentified dacoits. But out of enmity and grudge the accused persons were falsely implicated. 5. At the trial the prosecution examined seventeen witnesses and tendered two namely P.W.6 Abdul Mannan and P.W.17 Soleman for cross-examination and the defence cross-examined P.W.6 and dec......d down the lower Court's records at once with a copy of this judgment, for in­formation and taking necessary action. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 29.  ..

Category: Criminal Law | Date: 18 Oct, 2005 | Hits: 3