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State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)
.... 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. ......;…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...... it has to discharge its onus beyond a shadow of doubt. The Indian Supreme Court in the case of Dahyabhai Chhaganbhai Thakur Vs. State of Gujarat, AIR 1964 SC 1563 observed: "When a plea of legal insanity is set up, the Court has to consider whether at the time of commission of the offence..Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
....dor failed to substantiate that the land in dispute was under mortgage and sale deed in pre-emption proceeding is an out and out sale. F) Plea adopted by, vendor that valuation of transferred property would be taka 1,70,000/- also could not be proved on production of any independent witness......7) 69. ......neither the scribe nor the attesting witnesses had been examined from side of Vendor-petitioner. Vendor-petitioner signally failed to discharge the burden of proof which was upon him in respect of legal existence of Agreement. Learned Appellate Judge duly took into account this apposite legal as..Category: Property Law | Date: 20 Jan, 2004 | Hits: 6
State Vs. Moslemuddin (Md), 2004, 33 CLC (AD)
.... 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 record showing such sanction from proper authority though for prosecution of the accused, a government servant, such sanction was nece......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).......ew, the trial has been held without sanction from the proper authority and, as such, the trial held by the Special Judge is without jurisdiction and the impugned order of conviction and sentence is illegal". In view of above position we fined no reason to interfere with the judgment and order..Category: Anti-Corruption Laws | Date: 19 Jan, 2004 | Hits: 96
State Vs. Bahar Miah, 2004, 33 CLC (HCD)
....t the facts of the given case do not impel us to take a lenient view in his favour. His trial by the Tribunal was without jurisdiction and it is such a case which demands that he should be tried by a proper Court for an offence punishable under the Penal Code after compliance of formalities. For tri......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......tatements of the neighbors. They have not stated the names of the neighbors from whom they learnt that the condemned prisoner assaulted Shamima to death for dowry. Therefore, these statements are not legally admissible in law. The learned Judge of the Tribunal illegally recorded the statements of th..Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163
Secretary, Ministry of Health and Family Welfare & others Vs. Parvin Sultana, 2005, 34 CLC (AD)
....illegality in the impugned Judgment of the High Court Division calling for our interference. Accordingly, this petition merits no consideration. Hence, it is dismissed. Ed. ...... Court Appellate Division (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Secretary, Ministry of Health and Family Welfare & others....Petitioners Vs. Parvin Sultana....Respondent ......s to why the impugned order to transfer her dated 18‑11-1998 issued by the respondent No. 4 (Annexure‑A) should not be declared to have been made without lawful authority and of no legal effect. The petitioner's case is that she is a Senior Staff Nurse of the National Institute ..Category: Constitutional Law | Date: 10 Jan, 2004 | Hits: 246
Securities and Exchange Commission, represented by its Chairman Vs. Runa N Alam, 2004, 33 CLC (AD)
.... has been committed without his knowledge. He lastly submits that the High Court Division failed to take notice of the provision of section 24(2) of the Securities and Exchange Ordinance, 1969 in its proper perspective and wrongly discharged the accused‑respondent from the instant case." 2. Th......ly allowed. Ed. This Case is also Reported in: ......the Company. 19. The words "was in charge of” appearing in aforesaid Indian provision are absent in our section 24 of Securities and Exchange Ordinance, 1969. 20. The said section creates a legal fiction whereby a director, manager or other officer responsible to the company for the conduc..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)
.... get up and design should not be expunged from the Register of Trade Marks and the Register rectified accordingly and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner is the proprietor of Taj Biri Factory in village-Sarai, Haragach, Pol......;……………………………………………….Petitioner Vs. The Registrar of Trade Marks and another……………………………&......ting and copying the trade mark "Aziz Biri" of the petitioner and selling his products misrepresenting the actual "Aziz Biri" in similar get up, packet, colour, size etc to make illegal financial gain inspite of their product being of inferior quality. It is further contended tha..Category: Intellectual Property Law | Date: 15 Dec, 2003 | Hits: 18
A & E Products Group LP and others Vs. Md. Mohiuddin Ahmed and others, 2003, 32 CLC (AD)
.... ad interim injunction and, as such, the judgment and order passed by the High Court Division is liable to be set aside. The learned Counsel further submits that the High Court Division wrongly and improperly dismissed the appeal in spite of the findings and observations that the Court below vacated......Reported in:......e petitioner’s product been registered possibly a complaint could be made under the Trade Marks Act to protect the trade mark of the petitioner but that not having been registered petitioner has no legal right to protect the trade mark sought for by way of an order of injunction in the court of la..Category: Intellectual Property Law | Date: 14 Dec, 2003 | Hits: 264
Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)
....clause 14A of the bid document. That writ petition has been filed both to save money of the exchequer and also in exercise of the duty enjoined by Article 21 of the Constitution to protect the public property. 6. The Rule was contested by writ‑respondent‑appellants filing three separate a......n:......dent No.3 (petitioner No. 2 herein) informing the issuance of Notification of Award to the writ respondent No.4 on 25‑2‑2003,were declared to have been passed without lawful authority and of no legal effect and direction was given for re‑tender. 2. The writ‑petitioner respondents filed the..Category: Others | Date: 10 Dec, 2003 | Hits: 261
Syed Md. Anwarul Haque and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....stitution of the country and, as such, the said provision is liable to be struck down. He has referred to the case reported in 33 DLR (AD) 201 wherein their Lordships have held that in the absence of proper guidelines as to how discretion is to be exercised will lead to arbitrary exercise of power. ......sp; ...... the second provision to section 4 of Muslim Marriages and Divorces (Registration) Act, 1974 As well as in the Rule 10 of the Muslim Marriages and Divorces Registration Rules, 1974 and the said legal provisions are not ultra vires of the Constitution and in no way infringes of the fundamental ..Category: Family Law | Date: 9 Dec, 2003 | Hits: 4
Ershad Ali Sikder (Md) Vs. State, 2003, 32 CLC (AD)
....of the above mentioned injuries which were ante mortem and homicidal in nature. 4. Police during investigation visited the place of occurrence, seized incriminating articles under proper seizure list, and held inquest over the dead body of the deceased, sent the same to the morgu......, 1898 (V of 1898), Section 374 The Penal Code, 1860 (XLV of 1860), Section 320 The victim survived for weeks in the hospital due to intensive care and treatment after sustaining injury caused brutally upon him and thereafter succumbed to injuries......ault of payment of fine each of them are to suffer rigorous imprisonment for l(one) year more. Therefore, the impugned judgment of the High Court Division with regard to the petitioner is without any legal basis and without proper assessment of the evidence and the material on record. ..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:
......
Supreme Court
Appellate Division
(Civil)
Present:
Md. Ruhul Amin J
MM Ruhul Amin J
Syed JR Mudassir Husain J
Kadamtala Purba Basaboo Uchcha Bidalaya and others the same..............Appellants
Vs.
Hasna Hena Sarker @ Hasna Heba Sarker & or......ba Sarker & ors.............. Respondents
Judgment
December 8, 2003.
The Specific Relief Act, 1887 (1 of 1887), Section 42
Court of appeal below being the final court of fact having legally reversed the finding of the trial court and the High Court Division in their revisional juri..
Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209
Govt. of People's Repub. of BD & other Vs. Md. Shamsul Haque & other, 2004, 33 CLC (AD)
....uilding (Supplementary Provisions) Ordinance, 1985 (LIV of 1985), Section 10(5) The Court of settlement dismissed the case for default without giving any decision as to whether enlistment of property as abandoned building, had legally been done and the High Court Division send the case bac......Court Appellate Division (Civil) Present: KM Hasan CJ Md. Fazlul Karim J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh and other ............Petitioners Vs. Md. Shamsul Haque and other ........................rdinance, 1985 (LIV of 1985), Section 10(5) The Court of settlement dismissed the case for default without giving any decision as to whether enlistment of property as abandoned building, had legally been done and the High Court Division send the case back on remand rightly for deciding thi..Category: Property Law | Date: 7 Dec, 2003 | Hits: 139
Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)
....tion to send a case back on remand in exercise of a jurisdiction in the nature of certiorari. Secondly, he submits, the observations which the Labour Court were directed to follow are not the proper yardsticks for determination of the legality of an order of discharge. The Labour Court is ......ion (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. Chairman, 2nd Labour Court and another.........ondent No. 1 for fresh trial with direction to decide the case in the light of the observations made in the impugned judgment. 2. The appellant moved the writ petition challenging the legality of the judgment and order dated 20‑12‑1993 passed ex parte by the respondent N..Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
....celled on May 29, 1994 and the plot has been allotted to the respondent Nos. 7 and 8 (in appeal No. 155 of 2000) on June 6, 1994 and respondent No. 9 (in appeal No. 155 of 2000) was looking after the property as the constituted attorney of the said respondent Nos. 7 and 8. In the aforesaid backgroun......ts in two appeals. Ed. ......ent in the circumstances of the case cannot be considered malafide or lacking in fairness and transparency and as such cancellation of allotment and fresh allotment to others cannot be said to be not legally valid or without lawful authority………………(27) The Code of Civil Procedure (v ..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and ors., 2005, 34 CLC (AD)
....ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. ...... Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J Smart Apparels (Pvt.) Ltd….. ................Petitioner Vs. Hanvit Bank Kuni Bong Branch and ors………..Respondents Judgment November 2, 2003. ......nts Judgment November 2, 2003. The Code of Civil Procedure, 1908 (V of 1908), Order XXXIX, rule 1 The principle is established and settled as per present legal position that no court can pass any order of injunction or any other restraining order upon a..Category: Business or Commercial Law | Date: 2 Nov, 2003 | Hits: 783
Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)
....itan Magistrate, Rajshahi in MNGR (Metropolitan Non-General Register) Case No.273 of 2003 should not be quashed and/or such other or further order or orders passed as to this Court might seem fit and proper. 2. Facts, relevant for the purpose of disposal of this Rule, in short, are that Officer......te Parties Judgment November 1, 2003. Result: The Rule is discharged. Cases Referred to- Shah Mohammad Vs. Haque Newaz & State, 23 DLR (SC) 14; Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986 BLD (AD) 261 = 38 DLR (AD) 246; Moslemuddin......n 145 CrPC can validly be made." So, our considered view is that the proceedings under section 145 of the Code of Criminal Procedure were quite inappropriate in view of the circumstances and the legal precedent discussed by us above. It further deserves mention here that present 2nd party petit..Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1
Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)
.... Judgment October 29, 2003. The Limitation Act, 1908 (IX of 1908) Article 120 The person whose interest is affected due to preparation of wrong record of rights of his property is authorised to file a suit seeking declaration of title within six years from the date, ......Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Government of Bangladesh, represented by the Additional Deputy Commissioner...... Appellant Vs. AKM Abdul Hye and ors.............Respondents Judgment October 29, 2003. The Limitati......it cannot be held to be barred by limitation. The High Court Division was of the view that treating a portion of the land as recorded in SA Khatian later on in RS Khatian as vested property was not legal. The High Court Division further held that from the side of the defendant Nos. 1 and 2 n..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)
....6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ......p; Appellate Division (Criminal) Present: KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Hoque J Md. Tofazzul Islam J Hossain @ Foran Miah and others........Appellants Vs. State..............Respondents Jud...... Moral conviction deprecated Findings of both the courts are totally wrong as it is a case of no evidence and both the Courts were swayed by emotions and not by any legal consideration and convictions by them is nothing but moral conviction not supported by any le..Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107
Abul Kashem Khan Vs. State, 2003, 32 CLC (HCD)
....tted by the police and discharging the accused) in Nari‑o‑Shishu Case No. 213 of 2002 should not be quashed and/or such other or further order of orders passed as to this Court might seem fit and proper. 2. On 27‑11‑2001 the petitioner as informant lodged a FIR with Daudkandi Police Stati......d calling upon the opposite party State to show cause as to why the order dated 7‑9‑2002 passed by the Nari‑o‑Shishu Nirjatan Daman Tribunal at Comilla (refusing petitioner's narajee petition and thereby accepting the FRT submitted by the police and discharging the accused) in Nari‑o‑Shi......o take cognisance of an offence under the said Ain on the basis of the said narajee petition (complaint petition) even without any report by the police. According to him, the learned Tribunal acted illegally in examining witnesses in support of the said narajee petition, such procedure being applica..Category: Women and Children | Date: 27 Aug, 2003 | Hits: 157
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