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Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)
.... Judge committed no error in allowing the prayer for addition. Nor such order has resulted in any failure of justice. In the result the Rule is discharged with cost. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Learned Joint District Judge is directed t......nt District Judge is directed to hear and dispose of the suit within a period of three months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 317. ..Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....century by different charters Royal Courts of Justice were established for the three Presidency Towns of Calcutta, Madras and Bombay and introduced English Common Law and Statute Law in force at that time so far as it was applicable to Indian circumstances. So, the field was governed by common law u......tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)
.....30 PM under Raipur Police Station. Shafali Begum, since deceased, has been given in marriage about 14/15 months prior to the date of occurrence with the condemned prisoner Mohammad Abu Taher. At the time of marriage, a sum of Taka 14,000 has been given to him as dowry. Before the occurrence, the co......inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ..Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164
Govt. of BD. rep. by Sec., Min. of Post, T&T & ors. Vs. Abul Khair, 2004, 33 CLC (AD)
....rodip Kumar Dutta, sons of the aforesaid Dejindra Chandra Dutta most illegally causing financial loss to the Government. It was also found that the respondent tried to misappropriate Taka 6000 at the time of payment of a Defence Savings Certificate. When the occurrence of temporary defalcation came ......llate Tribunal when apparently the respondent has not been dealt with in accordance with law following, the principles of natural justice. The petition is dismissed. Ed. ..Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
....id suit had been dismissed for default; the respondent No. 1 demanded delivery of possession of the respective premises from the Government by way of evicting Jalil Brothers and others who in the meantime did not surrender possession but the Government as yet failed to arrange delivery of possession......e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
.... it out of his own free will, inspired by the sound of his own conscience, to speak nothing but truth. Such confessional statements are made mostly out of a thirst to speak the truth which at a given time predominates in the heart of the confession which impels him to speak out the truth. 46. E......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. ..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)
....tee and later on plaintiff got that share. In this way the plaintiff got 1.43 acres of land from CS Khatian No. 177 and 0.12 acre of land from C S Khatian No. 227 and have been in, possession. At the time of SA Operation 0.77 acres of land out of 1.43 acres of land was correctly recorded in the name......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
State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)
....ssed her ignorance how the condemned-prisoner was apprehended, that condemned-prisoner killed his wife while he was insane, for which, Zafar (father of the deceased) did not pursue the case, that sometimes Nazrul would become mad, that she expressed her ignorance that Nazrul was known as "Pagal...... 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. ..Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
....gment and decree dated 3.8.2000 written down by learned Sub-ordinate Judge, First Court, Shariatpur in Miscellaneous Appeal No.8 of stand maintained. Order of stay passed by this Court at the time of issuance of Rule on 22.10.2000 stand vacated. Having regard to the fact and circumsta...... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ..Category: Property Law | Date: 20 Jan, 2004 | Hits: 6
State Vs. Bahar Miah, 2004, 33 CLC (HCD)
....d no hand in the matter of trial. If there was a trial in the wrong forum the responsibility must lie with the prosecution. But that does not also mean that an accused can never be tried for a second time by an appropriate Court. The better view is that when it is found after a full trial that there......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. ..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)
....not well founded since materials were placed on record by the respondent No. 6 to show the price of the plots described as 'institutional plots' at which were sold earlier and at the relevant time and therefrom it was noticed by this Court that the plot in question allotted to the respondent......mode of allotment of the plot in question. 12. In view of the discussions made herein over we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ..Category: Property Law | Date: 18 Jan, 2004 | Hits: 86
Abdul Bashir alias Bashu Vs. State, 2004, 33 CLC (AD)
....s also been submitted by the learned Counsel for the condemned prisoner that the statements of the witnesses under section 161 of the Code of Criminal Procedure was recorded after lapse of sufficient time and that statement of PW 6 under section 161 of the Code of Criminal Procedure was recorded aft......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)
.... thereto and the pre-emptee without serving the statutory notice upon him obtained the disputed deed of transfer collusively in order to defeat his right of pre emption and that he for the first time came to know about the transfer of the disputed land on 1-11-1988 and thereafter on obtai....... 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
Hafizur Rahman & another Vs. State and others, 204, 33 CLC (HCD)
....ce all necessary medical check‑up was done. She was also under treatment for diabetes under one Dr. Shamsun Nahar Bela as per direction of the accused petitioner No.1 Dr. Hafizur Rahman and at that time she was carrying for 4/5 months. On 25‑1‑2000 when she was quick with child she went ......7‑10‑2001 is hereby recalled. Communicate this order to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 588. ..Category: Criminal Law | Date: 17 Jan, 2004 | Hits: 3
Secretary, Ministry of Health and Family Welfare & others Vs. Parvin Sultana, 2005, 34 CLC (AD)
.... The Constitution of Bangladesh, 1972, Article 103 Order of transfer of a senior staff nurse who is the writ petitioner is contravention of the circulars issued by the Government from time to time framing regulations of transfer of such employees. The High Court Division rightly dec......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. ..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)
....e. The learned Counsel further submitted that in the absence of any evidence or allegation that a Director or an accused Company was responsible, if in‑charge of the actual business at the relevant time, such Director cannot be prosecuted and that the higher Courts of this Sub‑Continent have hel......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)
....The legal provision is that when an application for registration of a mark is filed under section 14 of the Act and it is duly published in the Trade Mark Journal any person may within the prescribed time from the date of advertisement of the application give notice in writing to the Registrar oppos......iz Biri" and prepared distinctive get up and label bearing 3 photographs of the bust of his son 'Aziz' along with distinctive colour, design, decorative pictorial features, monogram of 4 scales, half moon rectangular decorative design and multiple prints of name "Aziz Biri", s..Category: Intellectual Property Law | Date: 15 Dec, 2003 | Hits: 18
Dr M A Mazed & ors. Vs. Bangladesh represented by the Solicitor, 2004, 33 CLC (AD)
.... charges under sections 143, 448, 427, 342, 386 and 380 of the Penal Code. The Government as against the order of acquittal has filed Government Appeal No. 8 of 2001. The appeal so filed being out of time by 150 days filed an application under section 5 of the Limitation Act seeking condonation of d......ackground of the discussions made hereinbefore we find no merit in this appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 164. ..Category: Procedural Law | Date: 10 Dec, 2003 | Hits: 108
Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)
.... place of delivery which is not done in the instant case. The learned Counsel accordingly, submitted that though there was no averment in the writ petition about the lack of transparency and that the time of argument as well no material could be produced to that effect, the High Court Division acted...... 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:..Category: Others | Date: 10 Dec, 2003 | Hits: 261