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Abdul Momen Chowdhury and others Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....respondent No.1 is directed to provide necessary logistic support for the purpose to the respondent No.2. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 9. ......that the heart of the parliamentary system is free and fair elections periodically, held, based on a adult franchise, although social and economic democracy may demand much more. So far the question of locus standi of the petitioners is concerned there is no scope of argument against the p...... secure to the voters particulars from the candidates for the election to the Parliament (House of the nation) in the form of informations disclosing the past of the candidates including certain facts necessary for making correct choice for candidates. 2. This writ petition has been f..Category: Election Law | Date: 24 May, 2005 | Hits: 11
New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)
....have merely been the selling agents in Bangladesh there under of products manufactured by the Predecessors-in-interest of the Petitioner and that at no date were they given any authority to obtain an identical trade mark or a mark deceptively similar to the registered trade marks of the Petitioner f......ration in favour of the Opposite Party No.1. It is contended that such grant of registration is contrary to law resulting in confusion amongst traders and buyers about the true origin of the goods in question. The business fallout has been that the Petitioner has been suffering in terms of decreasin......rted in this regard that not only has the trade mark "Red Cow" in that process become integrated with the business of the Predecessors-in-interest of the Petitioner, but further that in the facts and circumstances of this case the trade mark connotes and denotes the property of the Predece..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. ......hmed and Bachchu Patwary might have submitted the forged document in order to put the accused in trouble. Since the accused appellant is denying that he has not filed the alleged certificate then the question does not arise whether he had knowledge about the forged certificate or not. One of the ing......requisite qualification for promotion was SSC and PTI certificate and that he has been falsely implicated in this case out of suspicion. 8. The learned Special Judge on consideration of the facts and circumstances of the case and evidence on record passed the impugned judgment and order da..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. ......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. ......assed by the learned Magistrate, First Class, Kushtia in GR case No.73 of 1993 acquitting the opposite parties from the charge under sections 325/323 of the Penal Code respectively. 2. The short facts relevant for the disposal of this revision are that on 4‑3‑1993 the petitioner lodged a fi..Category: Evidence Law | Date: 16 May, 2005 | Hits: 4
State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)
.... 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. ...... and the said proceedings should not be generally interfered with at an interlocutory stage in exercise of the inherent jurisdiction provided under section 561A of the Code. But a pertinent question may be posed as to when and under what circumstances the said jurisdiction can and sho...... sufficient or not. The learned Assistant Attorney general further submitted that an application under section 561A of the Code of Criminal Procedure is pre-mature at the initial stage under the facts and circumstances of the case unless the accused-respondent had gone through the stage under s..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)
....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. ......This appeal, by leave, is against the judgment dated November 3, 1991 of the High Court Division in Writ Petition No. 448 of 1988 making the Rule absolute and thereupon declaring that the property in question has been listed in the 'Kha' list of the abandoned buildings without lawful authority and t......at burden is on the person who challenges the correctness of the recital in the registered deed to establish that the said recital is not correct, that the fact recited in the registered deed are the facts stated in the affidavit affirmed by Sahera Khatun in confirmation of the oral gift in favour o..Category: Property Law | Date: 15 May, 2005 | Hits: 120
Jamuna Builders Ltd. and another Vs. Rajdhani Unnayan Kartripakkha and another, 2005, 34 CLC (HCD)
.... 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. ......প্রতীয়মান হয়। The Deputy Collector, Dhaka (Revenue) vide its memo dated 4‑12‑02 informed the respondent No.2 that the petitioner No.1 has valid title over the land in question. The respondent No.2, instead of giving the formal approval to the proposed plan, was delib......lication dated 12‑9‑01 and why the impugned memo shall not be declared as violative of the fundamental rights guaranteed under Articles 27, 31, 40 and 42 of the Constitution. 2. The material facts as stated in the writ petition are that the petitioner No.1 is a private limited company incor..Category: Administrative Law, Company Law | Date: 9 May, 2005 | Hits: 9
Debobrota Baiddya @ Debu Vs. State, 2005, 34 CLC (HCD)
....ganj PS Case No. 3 dated 3-11-2002 under sections 6/7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and he be discharged from his bail bonds. Ed. This Case is also Reported in: 58 DLR (2006) 71.......ganj PS Case No. 3 dated 3-11-2002 under sections 6/7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and he be discharged from his bail bonds. Ed. This Case is also Reported in: 58 DLR (2006) 71.......42 of 2003 arising out of Gopalganj Police Station Case No. 03 dated 3-11-2002 framing charge under section 6/7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 against the appellant. 2. The material facts for disposal of the appeal are that on 3-11-2002, one Chitta Ranjan Roy Karmaker as informant ..Category: Women and Children | Date: 9 May, 2005 | Hits: 84
Md. Abdul Halim Miah and others Vs. Bangladesh and Other, 2005, 34 CLC (AD)
....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 ...... concerned Ministry and Department, the benefits of their service can not be denied to them as it was decided in the circular dated 22.4.84 (Annexure-K-2) which remained in force being unchanged. The question of giving seniority to the ad hoc appointees was considered in a subsequent meeting held ......ther directing the writ respondent nos. 1-10 to follow the final gradation list published on 1.10.1990 (Annexure-H) relating to the writ-petitioner-respondents and other writ respondents. 2. The facts relevant for disposal of these appeals are common as detailed in those writ petitions, inter a..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)
....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. ......e Government. He entered into an agreement for sale of the said property on 1‑11‑1963 with the writ petitioner's mother Most. Badrunnessa and subsequently transferred the premises in question to her by a registered deed dated 14‑11‑1963. Their mother was possessing the p......nts represented by the Secretary, Ministry of works and others, against the judgment and order dated 23-2-1993 passed by the High Court Division in Writ petition No. 1887 of 1989. 2. The facts, in short, are that the respondent Nos. 1 to 3, daughters and son of late Md Akhtar and late M..Category: Property Law | Date: 4 May, 2005 | Hits: 115
....
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. ......legal
effect. Thereafter several representations were given to the respondent Nos. 1
and 2 but they did not take any steps whatsoever for handing over the vacant
possession of land and building in question. On 23.7.1977 the petitioners sent
a legal notice upon the respondent No.3 requesting him ......t
necessary and that it becomes effective as soon as the order of the
derequisition is communicated to the owner of the house."
10. The aforesaid
decision appears to be suitably fitted to the facts of the instant case.
11. In the
aforesaid decision of the Writ Petition No.48 of 1979 th..
Category: Property Law | Date: 3 May, 2005 | Hits: 3
Md. Farid Uddin Ahmed Vs. Atahar Uddin and another, 2005, 34 CLC (HCD)
.... 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. ...... is no evidence that the accused respondents in capacity as bank manager, Senior Officer respectively of the Islami Bank Bangladesh Limited investment division, were entrusted with the property in question or with dominion over it and he committed the criminal breach of trust in respect of it. T......dibility. There is no legislative mandate in law for criminal prosecution for such irregularities and violation of the rules, instructions and Morbaha of system of investment. Having regards to the facts we failed to discover any merit in the submissions advanced by the learned Counsel for the a..Category: Criminal Law | Date: 2 May, 2005 | Hits: 2
Md. Abdur Rahman Faroque Vs. Md. Shamsul Hoque and another , 2005, 34 CLC (AD)
....he background of the discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 181. ......premises within specified time and in default specified amount is to be paid, in such situation compliance with the judgment would come in operation and such situation being absent in the judgment in question or in other words the judgment which has been set aside by the SCC Court and thereupon the ......he background of the discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 181. ..Category: Civil Law | Date: 2 May, 2005 | Hits: 119
Montu and others Vs. State, 2005, 34 CLC (HCD)
....n dated 23‑5‑2004 passed by the learned Magistrate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504. ......d Seba Clinic located to the east side of old bus stand, and it has further been proved that the nephew of the informant was seriously injured and the clinic was damaged by the petitioners. The vital question is who caused him injuries and damaged the clinic. It is crystal clear from the consistent ......a Bichar) 2002 sentencing each of them to suffer rigorous imprisonment for 2 (two) years and to pay a fine of Taka 5,000 each in default to suffer simple imprisonment for 6(six) months more. The facts leading to this Criminal Revision are that one Md. Saiful Islam, as informant, lodged a first ..Category: Criminal Law | Date: 20 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. ......im was the injuries found by P.W.6. In view of the aforesaid facts and circumstances of the case, we find that the victim was done to death in the night of occurrence on 8‑2‑94. 33. Now, the question is, whether the condemned accused Rafiqul Islam committed murder of his wife Salma Begum. W......which were ante mortem and homicidal in nature. On receipt of the post‑mortem report the aforesaid charge officer, being P.W.1 Md. Nurul Amin, lodged the FIR on 7-3‑1994 mentioning the above facts and entrusted P.W.11 SI Md. Majibur Rahman with investigation. P.W.11 investigated into the ca..Category: Criminal Law | Date: 19 Apr, 2005 | Hits: 6
Sultan Ahmed & another Vs. Government of Bangladesh and others, 2005, 34 CLC, (HCD)
....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. ......269 of 2002. Judgment Syed Mahmud Hossain J.- Writ Petition Nos.3230 of 2002 and 8269 of 2002 were heard together and are being disposed of by this common judgment as they do involve common question of law and facts. 2. In both the Rules, the petitioners challenged the issuance of imp......dgment Syed Mahmud Hossain J.- Writ Petition Nos.3230 of 2002 and 8269 of 2002 were heard together and are being disposed of by this common judgment as they do involve common question of law and facts. 2. In both the Rules, the petitioners challenged the issuance of impugned bills and disc..Category: Information Technology Law | Date: 12 Apr, 2005 | Hits: 4
Asadul Hossain (Md.) Vs. State, 2005, 34 DLR (HCD)
....shall be counted from their date of arrest. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 615. ......shall be counted from their date of arrest. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 615. ......ase while the police personnel admittedly, proved the case, It is, probable that they would be otherwise interested and partisan and, as such, their evidence cannot be relied upon and accepted in the facts and circumstances of the present case. Next, they submit that the 3 seizure list witnesses did..Category: Arms Law, Criminal Law | Date: 11 Apr, 2005 | Hits: 9
Government of Bangladesh Vs. Ali Akbar Ansari, 2005, 34 CLC (AD)
....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. ......he position of tenants/lessees in the disputed properties as their interest is derived from the Government and the general observation of the High Court Division in the review petitions that disputed question of fact cannot be decided in the writ petition does not create any right and interest in fa...... Review Petition No. 84 of 2004. Judgment MM Ruhul Amin J.- The petitioners seek review of the judgment dated 25.04.2004 passed in Civil Appeal No. 49 of 2003 dismissing the same. 2. Short facts are that the writ petitioners filed writ petition No. 488 of 1994 stating, inter alia, that af..Category: Property Law | Date: 9 Apr, 2005 | Hits: 93
Bangladesh Homeopathic Medicine Manufacturers Association Vs. Govt. of BD, 2006, 35 CLC (AD)
....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. ......940 and Rules thereunder and Drugs (Control) Ordinance, 1982 are ultra vires of the Constitution and also offends the fundamental right of the petitioner guaranteed under the Constitution. 3. The facts detailed for disposal of this petition are that, Dr Frederick Samuel Hahnemann invented the sc..Category: Health Law | Date: 3 Apr, 2005 | Hits: 759
Advocate Abu Zafor Siddique (Md.) Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....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. ......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. ......ed letter vide Memo No.1038‑R/6/7N-73/2003 dated 17‑12‑2003 issued by the Deputy Secretary (Competent Authority), Ministry of Law, Justice and Parliamentary Affairs. 2. Briefly stated, the facts are that the petitioner was enrolled as an Advocate by the Bangladesh Bar Council on 6‑10‑..Category: Constitutional Law | Date: 2 Apr, 2005 | Hits: 4
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