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Chittagong City Corporation, represented by its Mayor and 3 others Vs. Md. Afzal Hossain and others, 2004, 33 CLC (HCD)

.... therefore, necessary to limit its scope on permissible grounds, having regard to the aim, scope and the object of the whole Act." But before we consider the relevant Labour Legislations in Bangladesh we would like to consider certain earlier judgments passed by the Supreme Court of India ......Original Jurisdiction) Present: ABM Khairul Haque J Md. Miftahuddin Choudhury J Chittagong City Corpora­tion, represented by its Mayor and 3 others............Petitioners Vs. Md. Afzal Hossain and others ..............................................Respondents ...... In the result, the Rule is made absolute with the above observations and directions. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 741.   ...... This Case is also Reported in: 57 DLR (2005) 741.   ..

Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4

Jahangir Alam (Md) alias Zakir Vs. State, 2004, 33 CLC (AD)

....prisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A The Constitution of Bangladesh, 1972, Articles 103 & 104 Considering the facts and circumstances of the cases and......t Appellate Division (Criminal) Present: Syed JR Mudassir Hussain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Jahangir Alam (Md) alias Zakir .....................Petitioner Vs. State ....... Respondent Judgment March 9, 2004. Result: Maintaining the convict...... to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ......orous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ..

Category: Criminal Law | Date: 9 Mar, 2004 | Hits: 93

Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)

....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. ......05) 317. ......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. ...... 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)

....are dismissed. Cases Referred to- Amin Scales Ltd. and another Vs. Md. Yakub, 1987 BLD (AD) 259 = 39 DLR (AD) 201; Haridas Vs. Baroda Kishore, 27 Cal 38; Fardous Chowdhury Vs. Government of Bangladesh, 3 BLC (AD) 213; Bancharam Majumdar Vs. Adyanath Bhattacharja, ILR 36 Cal, 936; Capt BS D......Supreme Court High Court Division (Statutory Original Civil Jurisdiction)   Present: Syed Amirul Islam J Ataur Rahman (Md.) another......................Petitioners Vs. Edruc Limited ..........................................Respondent Judgment March......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. ......is Case is also Reported in: 57 DLR (2005) 337. ..

Category: Company Law | Date: 3 Mar, 2004 | Hits: 8

Govt. of BD. rep. by Sec., Min. of Post, T&T & ors. Vs. Abul Khair, 2004, 33 CLC (AD)

....peal No. 57 of 2002).  Judgment                    Md. Faziul Karim J.- The Government of Bangladesh and others seek leave to appeal against the judgment and order of the Administrative Appe...... Md. Tafazzal Islam J  Government of Bangla­desh represented by the Secretary, Ministry of Post, Telegraph and Tele­ communication and others....................Petitioners Vs. Abul Khair.... Respondent   Judgment February 23, 2004. ......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. ......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)

....azlul Karim J Md. Tafazzul Islam J Jalil Brothers and ors...................Appellants Vs. Humayun Majid and ors................Respondents Judgement February 18, 2004. The Bangladesh Abandoned Property (Control, Management & Disposal) Order, 1972, Article 10 The p...... Supreme Court Appellate Division (Civil) Present: SJR Mudassir Husain CJ Md. Fazlul Karim J Md. Tafazzul Islam J Jalil Brothers and ors...................Appellants Vs. Humayun Majid and ors................Respondents Judgement February 18, 2004. Th......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. ......High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..

Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133

Abdus Sattar (Md) and ors. Vs. Lalon Mazar Sharif & Seba Sadan Committee & ors., 2004, 33 CLC (AD)

....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. ......d. ......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. ......ch, 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)

.... 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.         ......sent: SK Sinha J MM Rahman Bhuiyan J State…………………………………………Appellant Vs. Nazrul Islam @ Nazrul……………Condemned Prisoner Judgme...... 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.         ...... Lawyers Involved: Nikhilesh Dutta, Deputy Attorney-General, with Mohammed Abdul Baset, Assistant Attorney-General and Fara Mahmuda, Assistant Attorney-General- For the State-Appellant. Md. Khalilur Rahman‑ For the Condemned Prisoner. Death Reference No.11 of 2001 with Jail Appe..

Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5

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. ......rt 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. ......ned no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed.   Ed. ..

Category: Anti-Corruption Laws | Date: 19 Jan, 2004 | Hits: 96

State Vs. Bahar Miah, 2004, 33 CLC (HCD)

.... Rakhalananda Thakur, AIR 1941 PC 16; State Vs. Eunus Kha, 5 BLC 353; State Vs. Mannan Gazi, 6 BLC 187; Ashnan Begum Vs. State, 51 DLR (AD) 18; Haripada Biswas Vs. State and another, 34 DLR (AD) 142; Bangladesh Vs. Yeakub Ali Sardar and others, 40 DLR (AD) 246; Abdul Matin and others Vs. State, 42 D......o 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. ......d 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

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. ...... Appellate Division (Civil)  Present: Md. Ruhul Amin J Syed JR Mudassir Husain J Ruhul Amin J  Abdus Sobhan Mandal (Md)......Petitioner Vs. Md. Jonab Ali Fakir & others ………Respondents  Judgmen....... 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. ......e 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)

....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.   ......Court Division (Criminal Revisional Jurisdiction) Present: Md. Ali Asgar Khan J Md. Ashfaqul Islam J Hafizur Rahman & another.....................Accused-Petitioners Vs. State and others......................................Opposite Parties Judgment J......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.   ......gistrate, Dhaka. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 588.   ..

Category: Criminal Law | Date: 17 Jan, 2004 | Hits: 3

Palli Daridra Bimo­chon Foundation (PDBF) Vs. PDBF Karmachari Union, Bangladesh & Others, 2004, 33 CLC (AD)

....sent: Md. Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Palli Daridra Bimo­chon Foundation ........Petitioner Vs. Palli Daridra Bimochon Foundation Karmachari Union, Bangladesh (Pro­posed) and others ........Respondents Judgment January 17, 2004. Result...... ......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: ......ve we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: 17 Jan, 2004 | Hits: 120

Secretary, Ministry of Health and Family Welfare & others Vs. Parvin Sultana, 2005, 34 CLC (AD)

....inistry of Health and Family Welfare & others....Petitioners Vs. Parvin Sultana....Respondent  Judgment January 10, 2004.   The Constitution of Bangladesh, 1972, Article 103  Order of transfer of a senior staff nurse who is the wr......bsp; 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  Judgment January 10, 2004.   ......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. ...... 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)

....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: ......Appellate Division (Criminal) Present: KM Hasan CJ Md. Fazlul Karim J Md. Tofazzal Islam J Securities and Exchange Commission, represented by its Chairman …… Appellant Vs. Runa N Alam............Respondent Judgment January 5, 2004. Result: The appea......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: ......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)

....z Biri" products got his trade mark registration of the aforesaid trade mark "Aziz Biri" with all its descriptive nature of label and get up from the Trade Mark Registry, Government of Bangladesh, namely the opposite party No.1 and it bears Registration No.12971 in Class-34 which was ...... Md. Rahimuddin Mia (Bharasa)………………………………………………….Petitioner Vs. The Registrar of Trade Marks and another………………&he......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. ...... Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 233. ..

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)

....respondents. In that view of the above, we do not find any substance in the submissions of the learned Counsel for the petitioners. The petition is dismissed. Ed.This Case is also Reported in:......llate Division (Civil) Present: KM Hasan CJ Md. Fazlul Karim J Hamidul Haque J Md. Tofazzul Islam J A & E Products Group LP and others………Petitioners Vs. Md. Mohiuddin Ahmed and others……… Respondents Judgment December 14, 2003. ......respondents. In that view of the above, we do not find any substance in the submissions of the learned Counsel for the petitioners. The petition is dismissed. Ed.This Case is also Reported in:......ons of the learned Counsel for the petitioners. The petition is dismissed. Ed.This Case is also Reported in:..

Category: Intellectual Property Law | Date: 14 Dec, 2003 | Hits: 264

Dr M A Mazed & ors. Vs. Bangladesh represented by the Solicitor, 2004, 33 CLC (AD)

....iminal) Present: Md. Ruhul Amin J Syed JR Mudassir Hussain J MM Ruhul Amin J  Dr. MA Mazed & others............................Appellants Vs. Bangladesh, Represented by the Solicitor ..........................Respondents   Judgmen...... (Criminal) Present: Md. Ruhul Amin J Syed JR Mudassir Hussain J MM Ruhul Amin J  Dr. MA Mazed & others............................Appellants Vs. Bangladesh, Represented by the Solicitor ..........................Respondents   ......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. ......ordingly, 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)

......Petitioners Vs. BJ Geo Textile Ltd. and another……………….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 maintaina...... Appellate Division (Civil) Present: Md. Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J Director General, BWDB and others…………..Petitioners Vs. BJ Geo Textile Ltd. and another……………….Respondents Judgment Decembe...... 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:...... 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

Syed Md. Anwarul Haque and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....n (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Tariq‑ul Hakim J Syed Md. Anwarul Haque and others..............................Petitioner Vs. Bangladesh and others.................................................Respondents Judgment ......t Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Tariq‑ul Hakim J Syed Md. Anwarul Haque and others..............................Petitioner Vs. Bangladesh and others.................................................Respondents Judg...... This Case is also Reported in: 57 DLR (2005) 248.                         ......       ..

Category: Family Law | Date: 9 Dec, 2003 | Hits: 4