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

.... petition for leave to appeal is directed against the judgment and order dated 27‑11‑2001 passed by a Single Bench of the High Court Division in Civil Revision No. 1783 of 1997 making the Rule absolute and thereby reversing the judgment and decree dated 30‑11-­1996 passed by th......tion for leave to appeal is directed against the judgment and order dated 27‑11‑2001 passed by a Single Bench of the High Court Division in Civil Revision No. 1783 of 1997 making the Rule absolute and thereby reversing the judgment and decree dated 30‑11-­1996 passed by the lea..

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

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

....2 days is condoned. Plaintiff seeks leave to appeal against the judgment and order dated March 24, 2002 of a Single Bench of the High Court Division in Civil Revision No. 3779 of 1995 discharging the Rule obtained against the judgment and order dated July 5, 1995 of the Court of Senior, Assistant Ju......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: ..

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

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.         ...... 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)

....t" the burden of proving a fact rests upon the party who substantially asserts the affirmative of the issue and not upon the party who denies it; for a negative is usually incapable of proof. This Rule is derived from Roman Law and, is supportable not only on the ground of fairness but, also, up......ection 10(a) of section 96 of The Act. Sub Section 10(a) of section 96 of The Act enshrines that section 96 shall not apply to a simple or complete usufructuary mortgage or until a decree or order absolute for foreclosure is made a mortgage by conditional sale. 7. The case surged forward b..

Category: Property Law | Date: 20 Jan, 2004 | Hits: 6

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

....rovisions of Nari‑o-­Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 and, as a result, the conviction of the accused persons were altered to under section 302 of the Penal Code. The High Court Division Rules provide that whenever a Division Bench differs from any other Division Bench upon a point of l......of authority over parties and if a Court has no jurisdiction over the subject matter, consent of the parties cannot confer such jurisdiction and a judgment made without jurisdiction in such a case is absolutely null and void. In the case of Sukh Lal Vs. Tara Chand ILR (1906) 33 Cal 68(FB) it was obs..

Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163

Abdus Sobhan Mandal (Md) Vs. Md. Jonab Ali Fakir & others, 2005, 34 CLC (AD)

....b Ali Fakir & others ………Respondents  Judgment January 18, 2004. The Code of Civil Procedure, 1908 (V of 1908), Order XLI, Rule 31   The appellate Court being the final Court of fact while reversing the ......bsp;   Syed JR Mudassir Husain J.- The pre-emptee-petitioner is seeking leave to appeal against the judgment and order dated 23rd May, 1999 passed by the High Court Division making the Rule absolute in Civil Revision 3891 of 1997.   2. The facts, leading to this petition, ..

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

Hafizur Rahman & another Vs. State and others, 204, 33 CLC (HCD)

....n & another.....................Accused-Petitioners Vs. State and others......................................Opposite Parties Judgment January 17, 2004. Result: The Rule is discharged. Penal Code (XLV of 1860) Sections 304, 315-316 A dead child is a ......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

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

.... leave to appeal by the writ petitioner is directed against the judgment and order dated March 1, 2003 of a Division Bench of the High Court Division in Writ Petition No. 2807 of 2002 discharging the Rule obtained against the judgment and order dated May 11, 2002 of the 2nd Labour Court, Dhaka in Ap......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: ..

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)

....ssir Husain J: This Civil Petition for leave to appeal is directed against the judgment and order 11‑8‑1999 passed by the High Court Division in Writ Petition No, 123 of 1999 making the Rule absolute.  2.  The facts leading to this petition are that the respondent Pa......usain J: This Civil Petition for leave to appeal is directed against the judgment and order 11‑8‑1999 passed by the High Court Division in Writ Petition No, 123 of 1999 making the Rule absolute.  2.  The facts leading to this petition are that the respondent Parvin S..

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)

....nce, 1969 in its proper perspective and wrongly discharged the accused‑respondent from the instant case." 2. This appeal is directed against the judgment and order dated 13 June 1999 making the Rule absolute in Criminal Revision No. 199 of 1999 thereby discharging the accused‑respondent from......1969 in its proper perspective and wrongly discharged the accused‑respondent from the instant case." 2. This appeal is directed against the judgment and order dated 13 June 1999 making the Rule absolute in Criminal Revision No. 199 of 1999 thereby discharging the accused‑respondent from the ..

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)

....of Trade Marks and another……………………………….Opposite Parties Judgment December 15, 2003. Result: The Rule is made absolute. Cases Referred to- AIR 1990 Calcutta 225; AIR 1974 (Delhi) 91; AIR ......s and another……………………………….Opposite Parties Judgment December 15, 2003. Result: The Rule is made absolute. Cases Referred to- AIR 1990 Calcutta 225; AIR 1974 (Delhi) 91; AIR 1959 Calcutta..

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:......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:..

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)

....ants. Ex-parte-For the Respondent. Criminal Appeal No. 3 of 2002. (From the judgment and order dated August 14, 2001 passed by the High Court Division in Criminal Rule No. 88(R) of 2001). Judgment        &n......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)

.... Md. Fazlul Karim J.- These appeals by leave are directed against the impugned judgment and order dated 25th May 2003 passed by the High Court Division in Writ Petition No. 1900 of 2003 making the Rule disposed of with observation and the Memo No. JMREMP/S‑77/342(7) dated 25‑2‑2003 issued b......formance of one's own obligations could not properly be described as a conditional contract to acquire it, and the agreement in the case depended on no condition outside the contract before it became absolute. 25. When a normal price is quoted pursuant to clause 14.3 of ITB and the discount i..

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

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

..................................Petitioner Vs. Bangladesh and others.................................................Respondents Judgment December 9, 2003. Result: All the Rules are discharged. There is no vires in the second provision to section 4 of Muslim Marriage...... This Case is also Reported in: 57 DLR (2005) 248.                         ..

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

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. ......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. ..

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)

....t‑respondent-petitioners seek leave to appeal against the impugned judgment and order dated 8‑4‑2003 passed by the High Court Division in Writ Petition No. 2338 of 2001 making the Rule absolute directing the Court of Settlement to try the case and give a decision in accordance w......09;respondent-petitioners seek leave to appeal against the impugned judgment and order dated 8‑4‑2003 passed by the High Court Division in Writ 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 l..

Category: Property Law | Date: 7 Dec, 2003 | Hits: 139

Bangladesh Vs. Dr. Md. Tofajjal Hossain, 2006, 35 CLC (AD)

....nce with provisions of article 55(4) of the constitution. It is true that the respondent was dismissed in a departmental proceeding under provisions of the Government Servants (Discipline and Appeal) Rules, 1985. Under Rule 23 of these Rules, review lies to the President but the bar that was imposed......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. ..

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)

....arty respondent obtained leave to appeal against the judgment and order dated 26‑8‑1998 passed by a Division Bench of the High Court Division in Writ Petition No. 670 of 1994 making the Rule absolute and sending back the Complaint Case No. 122 of 1992 to the respondent No. 1 for fresh......respondent obtained leave to appeal against the judgment and order dated 26‑8‑1998 passed by a Division Bench of the High Court Division in Writ Petition No. 670 of 1994 making the Rule absolute and sending back the Complaint Case No. 122 of 1992 to the respondent No. 1 for fresh tria..

Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106

Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)

....istant Commissioner of Settlement. Civil Appeal Nos. 154 and 155 of 2000 are against the judgment and order dated June 10, 1999 of the High Court Division in Writ Petition No. 2127 of 1994 making the Rule absolute upon declaring the order dated 29‑5‑1994 (Annexure T to the writ petition, canceli......t Commissioner of Settlement. Civil Appeal Nos. 154 and 155 of 2000 are against the judgment and order dated June 10, 1999 of the High Court Division in Writ Petition No. 2127 of 1994 making the Rule absolute upon declaring the order dated 29‑5‑1994 (Annexure T to the writ petition, canceling le..

Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899