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State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
....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. ......econd Court, Jessore in Sessions Case No.182 of 1999. 7. Prosecution to bring home culpability of Anjuara Khatun put on witness box fourteen (14) witnesses. 8. Defence adopted was that over land dispute some other, persons killed Tipu Sultan. Innocence and false implication had been, also,......ife. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277. ...... qualified by particular facts of the case in which such expression occurs. It is neither desirable nor permissible to pick out a word or a sentence from any judgment divorced from the context of the question under consideration and treat it to be complete law declared by court. 29. Authorities..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)
....as put into auction on 11‑12‑1945. Ismail Hossain Shah Fakir. Secretary Ullan Shah Committee, purchased the suit land in auction. The auction sale was confirmed on 13‑21946 and possession was delivered through court on 7‑6‑1946. The suit land appertaining to CS Kha......er as plaintiff instituted Title suit No. 3 of 1985 in the Court of Subordinate Judge (now Joint District Judge), Kushtia against the opposite party Nos. 1-3 for declaration of title to the suit land stating, inter alia, that the suit land appertaining to CS Khatian No. 174 belonged to Bholai S......ference is called for. Accordingly, this leave 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
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
....sfer matter, pre emptee Second opposite party was a stranger to the transferred holding. No co-share notice had been served upon pre-emptor First opposite party vendor petitioner exercised acts of possession on transferred land and pre-emptee second opposite party did not possess the land. ......he rule is discharged. Right of Pre-emption Right of Pre-emption is a statutory right conferred upon a co-sharer either by way of a. inheritance or b. purchase or contiguity of the land transferred, and that right can be defeated only under the provisions of law embodied in secti......gment January 20, 2004. Result: The rule is discharged. Right of Pre-emption Right of Pre-emption is a statutory right conferred upon a co-sharer either by way of a. inheritance or b. purchase or contiguity of the land transferred, and that right can be defeated on...... 3. Feeling dissatisfied with the above adjudication by Appellate Judge. Vendor as petitioner approached this Court in this Revision petition under section 115 of the Code. 4. The Only question that outlasts determination is whether decision contributed by Appellate Judge in allowin..Category: Property Law | Date: 20 Jan, 2004 | Hits: 6
State Vs. Moslemuddin (Md), 2004, 33 CLC (AD)
....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. ......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. ......tion we fined no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed.  Ed. ...... case although tile investigating officer in the charge‑ sheet mentioned about the order of the Superintendent of Police, Tangail in his Memo No. 1023 dated 16‑2‑91. 4. As it appears on the question of sanction for the prosecution the High Court Division found that there is no evidence on ..Category: Anti-Corruption Laws | Date: 19 Jan, 2004 | Hits: 96
State Vs. Bahar Miah, 2004, 33 CLC (HCD)
....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. ......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. ......dance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ......(1) of the NariÂo‑Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 and that of an offence under section 11(ক) of the Nari‑o‑Shishu Nirjatan Daman Ain, 2000 are of the similar nature. Now the question is, whether the condemned prisoner may be convicted under section 302 of the Penal Code on ..Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163
Mirpur Mazar Co-Operative Market Society Ltd. Vs. Capital Tower (Pvt) Ltd & Ors., 2006, 35 CLC (AD)
....he land described in the schedule to the plaint to the defendant No. 6 and from registering the lease deed in favour of the said respondent and also to restrain the defendant Nos. 1-5 from delivering possession to the said defendant. It was further prayed that in case the lease deed is executed and ......o. 92 of 1993 was transferred from the 1st Court of Assistant Judge, Dhaka) decreeing the same in part in the following manner: "It is declared that the deed of lease in respect of the suit land and in favour of the defendant No. 6, Capital Tower (Pvt) Ltd registered on 6-4-1993 is null an......ussions made herein over we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ......got itself incorporated in 1992, that amongst the objects, one is to carry on business of clinic and hospital, that the Company applied to the authority seeking lease of the land in question or, in the alternative, another specified plot for the purpose of construction of a hospita..Category: Property Law | Date: 18 Jan, 2004 | Hits: 86
Abdul Bashir alias Bashu Vs. State, 2004, 33 CLC (AD)
....dge, Mymensingh, to take steps in accordance with law in the light of the judgment passed by the said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ......same judgment acquitted the other accused. 2. Prosecution case, in short, was that on September 16, 1995 in the morning the condemned prisoner with his tractor tried to cross PW 1’s (informant) land which was made ready for transplanting of paddy saplings and transplanting of paddy saplings wa......he judgment passed by the said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ......dge, Mymensingh, to take steps in accordance with law in the light of the judgment passed by the said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 18 Jan, 2004 | Hits: 98
Abdus Sobhan Mandal (Md) Vs. Md. Jonab Ali Fakir & others, 2005, 34 CLC (AD)
..... 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. ......stituted Miscellaneous Case No. 39 of 1993 under section 96 of the State Acquisition and Tenancy Act in the Court of the Assistant Judge, Natore. The pre- emptor's case was that he being a contiguous land owner, has the right of pre-emption against the pre-emptee, who is a stranger thereto and the p......ons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ....... 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. ..Category: Civil Law | Date: 18 Jan, 2004 | Hits: 264
....ioner as an industry.
In view of the discussions made hereinabove we find no substance in the petition.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:
......ioner as an industry.
In view of the discussions made hereinabove we find no substance in the petition.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:
......o substance in the petition.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:
......tition is dismissed.
The Industrial Relations Ordinance, 1969 (XXIII of 1969), Section 8(1)
In the matter of registration of the Trade Union as per provision of section 8(1) of the IRO, the question of giving registration or refusing registration is the exclusive jurisdiction of the Regist..
Category: Employment/Service Law | Date: 17 Jan, 2004 | Hits: 120
Securities and Exchange Commission, represented by its Chairman Vs. Runa N Alam, 2004, 33 CLC (AD)
....rpose of inducing its sale by others; (vi) being a director or an officer of the issuer of a listed equity security or a beneficial owner of not less than ten per cent of such security who is' in possession of material facts omit to disclose any such facts while buying or selling such security. ......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: ......ssions Judge shall proceed against the accused in accordance with law. The appeal is accordingly allowed. Ed. This Case is also Reported in: ......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: ..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)
....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. ......i 421; PLD 1999 Karachi 281; re Arbeny' Application, (1887) 4 R.P.C. 143; Kenrick and Jefferson LTD., 128 R.P.C. 45; Noblit-Sparks Industries application (1950) 68 RFC 168; Ciba Ltd. Basle Switzerland Vs. M. Ramalingam and S. Subramaniam Trading; South Indian Manufacturing Co., Madura and anothe......, get up and design. There will be no order as to costs. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 233. ......red owner of the mark is a person aggrieved within the meaning of section 46 of the Act. The learned Advocate further submits that a cursory view of both the marks would demonstrate that the marks in question are deceptively similar with each other and the opposite party No.2 in fact is imitating an..Category: Intellectual Property Law | Date: 15 Dec, 2003 | Hits: 18
Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)
.... 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:......(MDP) and Pabna Integrated Rural Development Project (PIRDP) in order to save about two million people of two projects who were vulnerable to river erosion and flood affecting their homes, cultivable lands and their livelihood. The nature of work is such that it can be implemented effectively during......¦â€¦â€¦â€¦â€¦.Respondents Judgment December 10, 2003. Result: The appeals are allowed. The Constitution of Bangladesh, 1972, Article 102 Whether Writ petition challenging award of contract is maintainable? Where there is no decision contrary to the terms of th......d on 25‑9‑2002 in the daily newspapers. The seven foreign bidders and one local bidder namely, the writ petitioner No.1 participated in the bid. It is firmly asserted that no bidder bad asked any question or made any query or raised any objection, specially to conditionality and discounts of the..Category: Others | Date: 10 Dec, 2003 | Hits: 261
Syed Md. Anwarul Haque and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
.... This Case is also Reported in: 57 DLR (2005) 248. ...... area to perform his functions. In view of the aforesaid Rule it cannot be said that the Government has unfettered power to appoint someone of their choice as Nikah Registrar for an unlimited area of land within the jurisdiction of Bangladesh. Furthermore other provisions of the said Rules also stip...... ......s (In all the Writ Petitions). Writ Petition No.5448 of 2002, with 4571 of 2003, 811 of 2003, 3951 of 2002, with 4832 of 2002. Judgment Tariq-ul Hakim J.-All these Rules concern common questions of law and are, therefore, being disposed of by this single judgment. 2. In all these..Category: Family Law | Date: 9 Dec, 2003 | Hits: 4
Ershad Ali Sikder (Md) Vs. State, 2003, 32 CLC (AD)
....ials on record has arrived at the correct decision. For the reasons and discussions made above the leave petition is dismissed Connected Jail Petition No. 7 of 2003 is also rejected. Ed. ......ials on record has arrived at the correct decision. For the reasons and discussions made above the leave petition is dismissed Connected Jail Petition No. 7 of 2003 is also rejected. Ed. ...... reasons and discussions made above the leave petition is dismissed Connected Jail Petition No. 7 of 2003 is also rejected. Ed. ......penalty. 23. He next cited the case of State of Andhra Pradesh vs. Rayavarapu Punnayya and another reported in AIR 1977 (SC) 45. 24. In that case it was decided that the question is- (i) Whether the bodily injuries found on the deceased were intentionally infli..Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122
....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:
......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:
......ismissed with costs of a Senior counsel in all stages.
Ed.
This Case is also Reported in:
......ondent No. 1 against her dismissal order was pending before the Intermediate and Secondary Education Board, Dhaka. The other is that, the service of the respondent No. 1 having not been confirmed the question of approving her dismissal only by the Board of Intermediate and Secondary Education does n..
Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209
State Vs. Md. Awal Fakir, 2003, 32 CLC (HCD)
....the terms of the judgment recorded by Nari‑o‑Shishu Nirjatan Daman Adalat, Narail. Lower Court's Record be sent down at once. Ed This Case is also Reported in: 56 DLR (2004) 647. ......nt Judgment December 7, 2003. Result: Death Reference is accepted, Jail Appeal and Criminal Appeal stand dismissed. Cases referred to- Barter Vs. Barter, (1950) 2 All England Reports 458 at page 459; Davis Vs. Davis; Gower Vs. Gower. Lawyers Involved: Md. Hela......hishu Nirjatan Daman Adalat, Narail. Lower Court's Record be sent down at once. Ed This Case is also Reported in: 56 DLR (2004) 647. ......bout 1/3" x 1/4" and also on the middle of the left labial major about 1/4" x 1/4". Unless there is forcible seizure and ravishment, the injuries noted in Post Mortem. Report could not be caused and question of sustaining injuries on secret parts of the victim of crime Rehana Begum did not arise at..Category: Women and Children | Date: 7 Dec, 2003 | Hits: 178
Govt. of People's Repub. of BD & other Vs. Md. Shamsul Haque & other, 2004, 33 CLC (AD)
....rit Petition No. 2338 of 2001 making the Rule absolute directing the Court of Settlement to try the case and give a decision in accordance with law and also directing the petitioner to restore the possession of the property to the respondent No. 1 within a period of 3 months from the date of rec......evision No. 4197 of 2001 was preferred which is still pending in the High Court Division and, as such, on the basis of alleged Bainanama no right and title has been created and admittedly the case land is under the possession of the Government, as such, the property in question was rightly inclu......003. The Code of Civil Procedure, 1908 (V of 1908) Section 151, Order XXXIX rule I Though the appeal of the writ petitioner was dismissed on 27‑3‑2001 but the ad interim order of injunction passed during the pendency of the appeal was a valid order and, ...... Court Division and, as such, on the basis of alleged Bainanama no right and title has been created and admittedly the case land is under the possession of the Government, as such, the property in question was rightly included as an abandoned property of 'Ka' list. 8. The learned Ad..Category: Property Law | Date: 7 Dec, 2003 | Hits: 139
Bangladesh Vs. Dr. Md. Tofajjal Hossain, 2006, 35 CLC (AD)
....ase was maintainable, the appeal is liable to be dismissed. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 59. ......ase was maintainable, the appeal is liable to be dismissed. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 59. ...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J The Government of Bangladesh, represented by the Secretary, Ministry of Shipping, Bangladesh Secretariat, Dhaka and others…………......Appellants. Vs. ...... Ministry of Shipping, dismissing him from service. The Administrative Tribunal set aside the order of dismissal. Then the above appeal was preferred before the Administrative Appellate Tribunal. The question of maintainability of the case was agitated both before the Tribunal and the Appellate Trib..Category: Administrative Law | Date: 10 Nov, 2003 | Hits: 164
Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)
....Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ......Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ...... Supreme Court Appellate Division (Civil) Present: Md. Fazlul Karim J Md. Hamidul Haque J Md. Tofazzul Islam J Superintendent (now General Manager), James Finlay PLC and another................. Appellants Vs......fication dated 4‑11-1991 and the 2nd Labour Court, Dhaka had no jurisdiction to entertain the case. The appellant No. 1 after filing written statement, filed a petition raising the question of jurisdiction but the respondent No. 1 did not give any decision on the question of juri..Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
.... for 99 years from the Government on the basis of the allotment letter dated February 12, 1979 and in due course they paid the salami in 4 instalments and lease deed was executed on July 30, 1980 and possession was made over on September 12, 1979, that in 1990 they submitted a plan to the RAJUK for ......that the petitions for review were not maintainable. 3. Respondent Nos. 1‑4 filed aforesaid Writ Petition impugning the order dated 29‑5‑1994 canceling their lease in respect of a plot of land in Mohammadpur Housing Estate and allotting the same to respondent Nos. 7 and 8 (in appeal No. ......e find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ......ed by the High Court Division in Writ Petition No. 2127 of 1994). Judgment Md. Ruhul Amin J.- These appeals, by leave, are by the writ‑respondent Nos. 6‑9, purchasers of the plot in question from the subsequent allottees (writ respondent Nos. 3 and 4) as well as by writ‑responÂ..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
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