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State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)

....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. ......and Fara Mahmuda, Assistant Attorney General ‑ For the State. Dr. Mohammad Abul Bashar, Advocate ‑ For the State ‑ Defence Lawyer. Death Reference No. 47 of 2001 with Jail Appeal No. 3881 of 2001. Judgment SK Sinha J. - This reference under section 374 CrPC read..

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)

....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. ...... Judgment February 23, 2004. The Administrative Tribunals Act, 1981 (VII of 1981), Section 4   The Government Servants (Discipline and Appeal) Rules, 1985, Rules 7 and 10   Natural Justice   The a..

Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125

Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)

....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. ......ate‑on‑Record‑For the Appellants. MI Faroqui, Senior Advocate, instructed by MG Bhuiyan, Advocate‑on‑Record‑For Respondent No. 1. Not represented‑ Respondent Nos. 2‑27. Civil Appeal No. 33 of 1998. (From the judgment and order dated 31st August 1997 passed by the High Cou..

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

State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)

....sisted of testimonies of P.W.1 Abdul Hamid. P.W.2 Mahbubur Rahman, P.W.4 Abdul Mannan, P.W.5 Mizanur Rahman, P.W.6 Saheb Ali, P.W.7 Alhaj Abdul Malek Dhabak, P.W.8.Md. Bazlur Rahman, Magistrate First Class, P.W.9 Dr. M Shamsul Hassan who performed Post Mortem Examination, P.W.10 Md. Rustam Ali Gazi,..............Condemned Prisoner Judgment            February 17, 2004. Result: Death Reference No.43 of 2001 stands rejected. Criminal Appeal No.3459 of 2001 and Jail Appeal No.3887 of 2001 are dismissed. Cases Referred to- A..

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)

....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. ......209;Record‑For the Petitioner. Md. Nurul Amin, Advocate instructed by AK Shahidul Huq, Advocate‑on‑Record‑For Respondent No. 1.  Civil Petition for Leave to Appeal No. 1333 of 2002 (From the judgment and order dated 27‑11‑2001 passed by t..

Category: Property Law | Date: 11 Feb, 2004 | Hits: 127

Wali Ahmed Bhuiyan Vs. Dr. Jahangir Hossain Bhuiyan, 2004, 33 CLC (AD)

....h Court Division of the kind calling for interference by this Division, the petition lacks merit. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......nstructed by Md S R Khoshnabish,  Advocate‑on‑Record ­For the Petitioner. Amir Hossain Chowdhury, Advocate‑on‑Record­- For the Respondent. Civil Petition for Leave to Appeal No. 981 of 2002. (From the Judgment and Order dated March 24, 2002 passed by the Hig..

Category: Civil Law | Date: 11 Feb, 2004 | Hits: 209

State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)

....t was good or bad, that he used to chase people within his reach and that he killed his wife after he untied himself. 11. Mahbuba Hasmat (P.W.6) stated that on 15‑2-98 she was a Magistrate 1st Class, Kishorgonj, that she recorded the statement of Nazrul Pagla under Section 164 CrPC. She prove......Appellant Vs. Nazrul Islam @ Nazrul……………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..

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

Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)

.... 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. ...... Agreement of re­conveyance cannot be treated or deemed to be a complete usufructuary mortgage……………..(15)  Cases Referred to- Durga Choudhrain Vs. Jawahir Singh, 17 Indian Appeal 122; Nefar Chandra Pal Chowdhury Vs. Shukkur Sheikh, AIR 1918 P.C 92; Ramchandra Vs. Ray Lin..

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. ......Lawyers Involved: Abdur Razzaque Khan, Additional 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 ..

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

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

....at no person shall be appointed a Special Judge unless he has been a Sessions Judge. An Additional Sessions Judge, or an Assistant Sessions Judge or a Metropolitan Magistrate or Magistrate of the 1st Class may be appointed as Special Judge. A Nari‑o‑Shishu Tribunal appointed under section 26 of ......8; 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 DLR 286; Asiman Begum Vs. State, Criminal Appeal No. 793 of 1996; Sukh Lal Vs. Tara Chand ILR (1906) 33 Cal 68(FB). Lawyers Involved: Md..

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)

....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. ......ah, Advocate-on-Record—For Respondent Nos. 1-5.   Civil Review Petition No. 127 of 2003. (From the Judgment and Order dated August 18, 2003 passed by the Appellate Division in Civil Appeal No. 50 of 2000).  Judgment          &..

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: ......n-record- For the Petitioner. Abdur Rezzaque Khan, Additional Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Respondent state. Criminal Petition for Leave to Appeal No. 17 of 2003. (From the Judgment and Order dated May 7, 2002 passed by the High Court D..

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. ...... Shahidul Islam, Advocate, instructed by Md Nawab Ali, Advocate‑on‑ Record ‑ For the Petitioner. Not represented-The Respondents. Civil Petition for Leave to Appeal No. 1368 of 1999. (From the judgment and order or dated 23rd May, 1999 passed by the H..

Category: Civil Law | Date: 18 Jan, 2004 | Hits: 264

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

....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: ......tioner. Abdur Rab Chowdhury, Senior Advocate, instructed by Zahirul Islam, Advocate-on-Record- For Respondent No. 1. Not represented ‑ Respondent Nos. 2‑3. Civil Petition for Leave to Appeal No. 394 of 2003. (From the Judgment and Order dated March 1, 2003 passed by the High Cou..

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)

....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. ......cted by B Hossain, Advocate‑on‑Record‑ For the Petitioners. Ataur Rahman Khan, Advocate-on‑Record‑ For the Respondent.  Civil Petition for Leave to Appeal No. 1329 of 1999. (From the judgment and order dated 11th August, 1999 passed..

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: ......ed by Sufia Khatun, Advocate‑on‑Record‑For the Appellant. Rafiqul‑ul‑Huq, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record‑For the Respondent. Criminal Appeal No. 11 of 2000. (From the judgment and order dated 23rd June 1999 passed by the High Cour..

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)

....dgment Syed Amirul Islam J.-This rule was issued upon the opposite party Nos.1 and 2 to show cause as to why the Trade Mark registered under the name of "Aziz Biri" bearing No.40518 in Class-34 dated 5.5.1994 together with its existing features of label, get up and design should not b......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. ..

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:......oners. MA Samad, Senior Advocate, instructed by ASM Khalequzzaman, Advocate‑on‑Record ‑ For Respondent No. 1 Not represented ‑ Respondent Nos.2‑5. Civil Petition for leave to Appeal No.1521 of 2003. Judgment Md. Fazlul Karim J. - The plaintiff-petitioners seek leave t..

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)

....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. ......bsp; KZ Alam, Senior Advocate, instructed by Md Ahsanullah Patwary, Advocate‑on‑Record‑For the Appellants. Ex-parte-For the Respondent. Criminal Appeal No. 3 of 2002. (From the judgment and order dated August 14, 2001 passed by the High C..

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)

.... 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:......, instructed by Mvi. Wahidullah, Advocate‑on‑ Record for Respondent Nos. 3 & 5. Not represented—Respondents Nos. 2 & 4. Not represented—Respondent Nos. 2-6. Civil Appeal Nos. 278 and 279 of 2003 (From the Judgment and order dated 25th May 2003 passed by the Hi..

Category: Others | Date: 10 Dec, 2003 | Hits: 261