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Suo Moto Ex-parte Order 2005

....tice knowing full that a sitting judge can alone be removed and his capacity or conduct can be enquire into only under Article 96(4) (b) of the Constitution by the Supreme Judicial Council. 3. Bangladesh Bar Council being statutory body is obliged to act in aid of this Court and is bound to......ions. The Registrar of this Court is also directed to circulate this order through National Dailies and all Electronic Media. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 66. ......l Electronic Media. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 66. ......ions. The Registrar of this Court is also directed to circulate this order through National Dailies and all Electronic Media. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 66. ..

Category: Others | Date: 23 May, 2005 | Hits: 13

New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)

....ranspired that Unilac Australia Pty. Ltd. entered into an Agency Agreement on 1.7.1986 with M/s. Sanowara Corporation, represented by its proprietor Mr. Nurul Islam to promote, distribute and sell in Bangladesh products manufactured by Unilac Australia (Annexure-'B'). Subsequently, Unilac Au......cial Original Jurisdiction) Present: Syed Refaat Ahmed J New Zealand Milk Brands Ltd. of 25, the Terrace, Wellington, New Zealand……………Petitioner Vs. Sanowara Dairy & Industries Ltd., of 601, Ramjoy Mohajan Lane, Khatungonj, Chittagong a......de Mark No.66879 in Class-29 be sent to the Respondent No.2 Registrar, Department of Patents, Designs and Trade Marks forthwith. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ......de Mark No.66879 in Class-29 be sent to the Respondent No.2 Registrar, Department of Patents, Designs and Trade Marks forthwith. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ..

Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187

Muzaffar Hossain Sarker (Md.) Muzaffar Hossain Sarker (Md.) Vs. State, 2002, 31 CLC (HCD)

....far Hossain Sarker who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 711. ......risdiction) Present: Siddiqur Rahman Miah J Muzaffar Hossain Sarker (Md.)………………………………Appellant Vs. State …………………………&hell......ucation Board, Dhaka, P.W.9 constable Sonaul Haque is another seizure list Witness, P.W.10 Shamsul Haque is an Upper Divisional Assistant in the Directorate of Primary Education, Mirpur Dhaka, P.W.11 Abdul Khaleque Majumder is an Assistant Monitoring Officer, District Primary Education, Chandpur, P.......far Hossain Sarker who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 711. ..

Category: Criminal Law | Date: 16 May, 2005 | Hits: 3

Sheikh Abdul Quddus Vs. Akram Sheikh @ Akram and others, 2005, 34 CLC (HCD)

....ate of receipt of this order to serve out their remaining portion of sentence imposed upon them. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (HCD)(2005) 650. ......urt High Court Division (Criminal Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Sheikh Abdul Quddus................................................Petitioner Vs. Akram Sheikh @ Akram and others............................Opposite Parties Judgment ......d. This Case is also Reported in: 57 DLR (HCD)(2005) 650. ......ate of receipt of this order to serve out their remaining portion of sentence imposed upon them. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (HCD)(2005) 650. ..

Category: Evidence Law | Date: 16 May, 2005 | Hits: 4

State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)

.... (S.C.) 764, R. P. Kapur Vs. State of Punjab, A.I.R. 1960 (SC) 866, M.S. Khawaja Vs. State, 17 DLR(SC)153, Mofazzal Hossain Mollah and others Vs. State, 45 DLR(AD)(1993) 175, Zabaida Rashid Vs. Bangladesh, 2 BLC (HCD) 356. Lawyers Involved: Abdur Razzaque Khan, Additi......J Mohammad Fazlul Karim J Amirul Kabir Chowdhury J The State (in all appeals)……………………….Appellant Vs. Md. Mominullah (Median) (In Criminal Appeal No. 3 of 1999) Eskan @ Sheikh Eskande......ip;……….Appellant Vs. Md. Mominullah (Median) (In Criminal Appeal No. 3 of 1999) Eskan @ Sheikh Eskander Mirza (In Criminal Appeal No. 4 of 1999) Md. Abdul Kalam @ Kalam (In Criminal Appeal No. 5 of 1999) Md. A. Rouf @ Abdur Rouf Sarder (In C...... the accused-respondents in the case are hereby set aside and the accused respondents are directed to appear before the trial Court to face the trial in accordance with law. Ed. ..

Category: Criminal Law | Date: 16 May, 2005 | Hits: 105

Sec. Min. of Works and Urban Dev., Govt. of BD & ors Vs. Rowshan Ara Begum & anr, 2005, 34 CLC (AD)

....pellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J MA Aziz J Secretary, Ministry of Works and Urban Development, Government of Bangladesh and other……………. Appellants Vs. Rowshan A...... MM Ruhul Amin J MA Aziz J Secretary, Ministry of Works and Urban Development, Government of Bangladesh and other……………. Appellants Vs. Rowshan Ara Begum and another ……………Respondents ......09;1973 and in c6rifirmation thereof affirmed an affidavit before the Magistrate, First Class, Dhaka on 14‑7‑1973, that Sahera Khatun gifted the property in presence of Amanullah Munsiff, Abdul Hashim and Md Riazuddin, that Sahera Khatun delivered possession of the gifted property to the......background of the discussions made hereinabove we find merit in the appeal. 18. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..

Category: Property Law | Date: 15 May, 2005 | Hits: 120

Jamuna Builders Ltd. and another Vs. Rajdhani Unnayan Kartripakkha and another, 2005, 34 CLC (HCD)

....orated under the Companies Act, 1994. The Company was incorporated with the object, inter alia, to construct commercial and residential buildings and it is also engaged in the real estate business in Bangladesh. The petitioner company has finalized the infrastructure of a project for developing......J Md. Emdadul Huq J Jamuna Builders Ltd. and another……………………………………….Petitioners Vs. Rajdhani Unnayan Kartripakkha and another………………&h...... the Building Construction Rules, 1996. In the result, the Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 762. ...... the Building Construction Rules, 1996. In the result, the Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 762. ..

Category: Administrative Law, Company Law | Date: 9 May, 2005 | Hits: 9

Md. Abdul Halim Miah and others Vs. Bangladesh and Other, 2005, 34 CLC (AD)

....hers ……………………Petitioners (In Civil Review Petition Nos. 44-45 of 2004) Md. Abdus Salam-2 ……………………Petitioners (In Civil Review Petition Nos. 50-51 of 2004) Vs. Bangladesh represented by the Secretary, Ministry of Establishment and others…………Respondents...... and others ……………………Petitioners (In Civil Review Petition Nos. 44-45 of 2004) Md. Abdus Salam-2 ……………………Petitioners (In Civil Review Petition Nos. 50-51 of 2004) Vs. Bangladesh represented by the Secretary, Ministry of Establishment and others…………Resp......s. 69-72 of 2002 here. Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Mohammad Fazlul Karim J MM Ruhul Amin J MA Aziz J Amirul Kabir Chowdhury J Md. Abdul Halim Miah and others ……………………Petitioners (In Civil Review Petition Nos. 44-45......received our due notice in the judgment sought to be reviewed." These petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 10, 12 MLR (AD) 2007, 209 ..

Category: Employment/Service Law | Date: 9 May, 2005 | Hits: 119

Bangladesh rep. by the Ministry of Works & ors Vs. Nasima Khatoon and others, 2005, 34 CLC (AD)

.... Ed. ......ed JR Mudassir Husain CJ MA Aziz J Amirul Kabir Chowdhury J Bangladesh represented by the Ministry of Works & ors …...... Appellants Vs. Nasima Khatoon and others...................Respondents Judgment May 4, ......rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ......rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ..

Category: Property Law | Date: 4 May, 2005 | Hits: 115

Jahangir Mohammad Adel and two others Vs. Government of Bangladesh, Represented by the Secretary, Ministry of Education and others, 2005, 34 CLC (HCD)

....iginal Jurisdiction) Present: Tariq ul Hakim J Afzal Hossain Ahmed J Jahangir Mohammad Adel and two others…………………Petitioners Vs. Government of Bangladesh, Represented by the Secretary, Ministry of Education and others…………………….R......vision (Special Original Jurisdiction) Present: Tariq ul Hakim J Afzal Hossain Ahmed J Jahangir Mohammad Adel and two others…………………Petitioners Vs. Government of Bangladesh, Represented by the Secretary, Ministry of Education and others�......he father of the petitioners in Writ Petition No.48 of 1979. In the aforesaid Writ Petition another Bench of this Court comprising of their Lordships Mr. Justice Shahabuddin Ahmed and Mr. Justice Abdul Matin Khan Chowdhury came to a clear finding that there is no valid requisition of the proper...... Ghosh Street, Armanitola , Dhaka to its owners within 4(four) months from the date of receipt of this order of this Court. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 73. ..

Category: Property Law | Date: 3 May, 2005 | Hits: 3

M Moinul Khan Vs. State, 2005, 34 CLC (HCD)

....ection (1 Kha) of section 27 of the aforesaid Ain, 2000. Communicate a copy of the judgment and the order expeditiously to the Court below. Ed. This Case is also Reported in: 58 DLR (2006) 253. ......me Court High Court Division (Criminal Appellate Jurisdiction) Present: Md. Muzammel Hossain J Md. Abdul Hye J M Moinul Khan………………………………………Appellant Vs. State…………………………………………………..Respondent. Judgment Ma......to the Court below. Ed. This Case is also Reported in: 58 DLR (2006) 253. ......ection (1 Kha) of section 27 of the aforesaid Ain, 2000. Communicate a copy of the judgment and the order expeditiously to the Court below. Ed. This Case is also Reported in: 58 DLR (2006) 253. ..

Category: Women and Children | Date: 3 May, 2005 | Hits: 98

Md. Farid Uddin Ahmed Vs. Atahar Uddin and another, 2005, 34 CLC (HCD)

....al Judge, Narayanganj against the accused-respondents alleging, inter alia, that the accused Atahar Uddin Ahmed former manager and accused Md. Momin Ali Bepari former Senior Officer of Islami Bank Bangladesh Limited, Narayanganj Branch in capacity as manager and officer-in-charge of the investme......me Court High Court Division (Criminal) Present: AKM Fazlur Rahman J Syed Mohammad Ziaul Karim J Md. Farid Uddin Ahmed…………………..Complainant-appellant Vs. Atahar Uddin and another……………………Accused-respondent Judgment May ......nvested under the Morbaha system furnished a letter of guarantee with the bank for payment and that was duly approved by the higher authority of the bank. 14. P.W.2 Md. Anisur Rahman and P.W.3 Abdul Mannan were posted as second officer and Senior Officer respectively with the bank after the ...... Send 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: 13 MLR (HCD) (2008) 186. ..

Category: Criminal Law | Date: 2 May, 2005 | Hits: 2

Anowar Hossain (Md.) and another Vs. Bangladesh and others, 2005, 34 CLC (HCD)

....ion (Special Original Jurisdiction) Present: SAN Mominur Rahman J Moyeenul Islam Chowdhury J Anowar Hossain (Md.) and another.........................Petitioner Vs. Bangladesh and others….......................................Respondents Judgment A......urt Division (Special Original Jurisdiction) Present: SAN Mominur Rahman J Moyeenul Islam Chowdhury J Anowar Hossain (Md.) and another.........................Petitioner Vs. Bangladesh and others….......................................Respondents Judgme......ejected without any order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 512. ......ejected without any order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 512. ..

Category: Civil Law | Date: 25 Apr, 2005 | Hits: 4

Sohel Rana (Md.) Sohel Rana (Md.) Vs. State, 2005, 34 CLC (HCD)

....or information and necessary action. Send down the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ...... High Court Division (Criminal Appellate Jurisdiction) Present: Sheikh Rezowan Ali J Md. Rais Uddin J Sohel Rana (Md.)..........................................Appellant Vs. State ………….................................................Resp...... to be about 8 weeks of viable single pregnancy. He denied the defence suggestion, in his cross-examination, that the report was false or that the report of examination was not proper. 16. P.W.5 Abdul Goni stated in his deposition that he knew the victim informant and the jail appellant Sohel R......or information and necessary action. Send down the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ..

Category: Criminal Law, Women and Children | Date: 19 Apr, 2005 | Hits: 1

Rafiqul Islam Mollah (Md.) Vs. State, 2005, 34 CLC (HCD)

....ted and the accused appellant is sentenced to suffer imprisonment for life for the offence under section 302 of the Penal Code. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 581. ......l Revisional Jurisdiction) Present: Sikder Maqbul Huq J Nirmalendu Dhar J Rafiqul Islam Mollah (Md.)…………………Condemned Prisoner Vs. State……………………&he......of the victim Salina Begum, visited the place of occurrence, held inquest on the dead body of the victim in presence of the witnesses and sent the same to Gopalganj morgue through P.W.5 constable Mir Abdul Mannan Molla and another constable Mozammel Huq (not examined) and on receipt of the post mort......ted and the accused appellant is sentenced to suffer imprisonment for life for the offence under section 302 of the Penal Code. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 581. ..

Category: Criminal Law | Date: 19 Apr, 2005 | Hits: 6

Sultan Ahmed & another Vs. Government of Bangladesh and others, 2005, 34 CLC, (HCD)

.... Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Sultan Ahmed & another..........................................Petitioners Vs. Government of Bangladesh and others.......................Respondents Judgment April 12, 2005. Resu...... (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Sultan Ahmed & another..........................................Petitioners Vs. Government of Bangladesh and others.......................Respondents Judgment Ap......f stay passed in Writ Petition No.8269 of 2002 is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 560. ......f stay passed in Writ Petition No.8269 of 2002 is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 560. ..

Category: Information Technology Law | Date: 12 Apr, 2005 | Hits: 4

Government of Bangladesh Vs. Ali Akbar Ansari, 2005, 34 CLC (AD)

....he Appellate Division Judgement in Civil Appeal here. Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Government of Bangladesh represented by the Secretary, Ministry of Works, Bangladesh Secretariat, Dhaka & othe...... J MM Ruhul Amin J Md. Tafazzul Islam J Government of Bangladesh represented by the Secretary, Ministry of Works, Bangladesh Secretariat, Dhaka & others…………......Petitioners. Vs. Ali Akbar Ansari………...Respondent. Judgment April 9, 2005. Result: The rev......stances, we find no substance in the submissions of learned Additional Attorney General. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 841. ......stances, we find no substance in the submissions of learned Additional Attorney General. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 841. ..

Category: Property Law | Date: 9 Apr, 2005 | Hits: 93

Bangladesh Homeopathic Medicine Manufacturers Association Vs. Govt. of BD, 2006, 35 CLC (AD)

....assed under the Narcotics Control Act. ......sion (Civil) Present: Syed JR Mudassir Husain CJ Md Fazlul Karim J MA Aziz JAmirul Kabir Chowdhury J Bangladesh Homeopathic Medicine Manufacturers Association......Petitioner Vs. Government of Bangladesh and others.. ......... ........... Respondents Judgment April......t and the petitioners as the users and manufacturers of Homeopathic drugs and medicines can also carry on their lawful trade and business without being harassed under the Narcotics Control Act. ......t and the petitioners as the users and manufacturers of Homeopathic drugs and medicines can also carry on their lawful trade and business without being harassed under the Narcotics Control Act. ..

Category: Health Law | Date: 3 Apr, 2005 | Hits: 759

Advocate Abu Zafor Siddique (Md.) Vs. Bangladesh and others, 2005, 34 CLC (HCD)

.... Present: Md. Awlad Ali J Md. Emdadul Huq J Advocate Abu Zafor Siddique (Md.)…………………………Petitioner Vs. Bangladesh and others………………………&hellip......iction) Present: Md. Awlad Ali J Md. Emdadul Huq J Advocate Abu Zafor Siddique (Md.)…………………………Petitioner Vs. Bangladesh and others……………………&helli......ndents Judgment April 2, 2005. Result: The Rule is made absolute. Lawyers Involved: Monzil Murshid with Md. Abu Zafor Siddique, Advocates‑ For the Petitioner. Md. Abdullah, Advocate‑ For Respondent No.2. Writ Petition No. 2609 of 2004 Judgment &n......date of receipt of this Judgment to be effective from 9‑12-2003. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 602. ..

Category: Constitutional Law | Date: 2 Apr, 2005 | Hits: 4

Ismail Hussain Posshari & anr Vs. District Land Acquisition Officer, Bogra & ors., 2006, 35 CLC (AD)

....eing barred by limitation. In view of the opinion expressed hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ......late Division (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Mr. Ismail Hussain Posshari and another…………Appellant Vs. District Land Acquisition Officer, Bogra and others…......Respondent Judgment ......rred by limitation and the same not being extendable in any situation appellant’s filing of the case after mutating their names was not competent. ..............(24) Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Md. Firoz Shah, Advocate-on-Record— for the Ap......eing barred by limitation. In view of the opinion expressed hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ..

Category: Property Law | Date: 28 Mar, 2005 | Hits: 64

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