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Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ......e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ......th sentence of the petitioner dismissing his Criminal Appeal No. 862 of 2000 against the conviction under section 302 of the Penal Code and death sentence awarded on him by the Additional Sessions Judge, 1st Court, Khulna in Sessions Case No. 8 of 2000 arising out of Khulna PS Case No. 23 dated ..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
....n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed.......n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed....... the High Court Division. A Division Bench of the High Court Division heard the appeal and allowed the same upon observing "the lacuna, we find, in the disposal of the suit by the learned Subordinate Judge is that he ought to have himself examined the alleged signatures of the defendant No. 1 in vie..Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
....passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ......rity appointed by the Prescribed Authority, (Government); that the term "Misconduct comprises several independent and distinct offences as are known in the Penal Code as well as in the other Special Criminal Laws, in order to identify on which count the Chairman is guilty. &nbs......nbsp; 5. The learned Counsel for the petitioner urged the following grounds in support of the petition for leave to appeal: I. For that the learned Judges of the Hon'ble High Court Division erred in law in summarily rejecting the Writ Petition ..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
....
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.
......bservations and directions.
There is no order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 741.
...... emphasis on the employer-employee relations.
(d) If the organisation is a trade-or business it does not cease to be one because of philanthropy animating the undertaking."
The learned Judge devised the following tests:
"IV. The dormant nature test:
(a) Where a complex ..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
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. ......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. ......Md. Abdur Rashid J.- The plaintiff obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against an order dated 15‑4‑03 passed by Joint District Judge, Court No.5 at Dhaka in Title Suit No.229 of 2002, which allowed an application of a third par..Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....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. ......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. ......nability to pay its debts is not maintainable. It is the position within out jurisdiction. It is now well settled even within our jurisdiction as it appears from various decisions of both the Company Judge and the Appellate Division that if there is a bona fide dispute about debt then that cannot be..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
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. ......nd prima facie case submitted charge-sheet against the condemned prisoner and final report in favour of the other inmates of the house. 4. Eventually, the case record has been sent to the Senior Special Tribunal, Lakshimpur. The Senior Special Tribunal has taken cognizance of the offence agains......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
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. ......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. ......sent: 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. The Bangladesh Abandoned Property (Control, Management & Di..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
....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. ......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. ......umbed to injuries at Jessore General Hospital. 6. Wife Anjuara Khatun having been indicted and charged for offence of section 302 of the Penal Code faced trial before learned additional Sessions Judge. Second Court, Jessore in Sessions Case No.182 of 1999. 7. Prosecution to bring home culp..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. ......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. ......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 learned Additional District Judge 1st Court Kushtia in Title Appeal No. 84 of 1990 and restoring the judgment and decree dated M..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: ......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: ...... 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 Judge, Sadar Comilla, in Small Cause Court Suit‑No.6 of 1992 dismissing the same. 2. The ..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. ......Reference No.11 of 2001 with Jail Appeal No.820 of 2001. Judgment SK Sinha J.- This reference under section 374 of the Code of Criminal Procedure was made by the learned Additional Sessions Judge, 3rd Court, in charge of the Second Court, Kishoregonj for confirmation of death sentence awar..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. ...... 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. ......n - For petitioner. Md. Shoyeb Khan - For opposite party No.1. Civil Revision No.4822 of 2000. Judgment AK Badrul Huq J.- A Judgment of volte face recorded by learned Appellate Judge in Miscellaneous Appeal No.8 of 1999 overruling rendered by learned trail judge in Miscellane..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. ......ay of leave at the instance of the State is against the judgment and order dated 28‑6‑1995 passed by the High Court Division in Criminal Appeal No. 2013 of 1992 allowing the appeal arising out of Special Case No. 2 of 1991 under section 403 of the Penal Code and section 5(2) of the Prevention of...... the respondent and passed sentence as aforesaid, Against the aforesaid order of conviction and sentence the respondent preferred Criminal Appeal No. 2013 of 1992 and the same was allowed by a Single Judge of the High Court division thereby acquitting the accused respondent from the said order of co..Category: Anti-Corruption Laws | Date: 19 Jan, 2004 | Hits: 96
State Vs. Bahar Miah, 2004, 33 CLC (HCD)
....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. ......er section 302 of the Penal Code on alteration of the charge as submitted by the learned Deputy Attorney General following the said decisions. In the case of Mannan Gazi it was observed, "the learned Special Judge" has committed no illegality or wrong in finding the appellant guilty under section 30......eal No. 63 of 2002. Judgment SK Sinha J. - This reference under section 25(sic) (section 29) of the Nari‑o‑Shishu Nirjatan Daman Ain, 2000 read with section 374 Cr.P.C. has been made by the Judge (District & Sessions Judge) of Nari‑o‑Shishu Nirjatan Daman Bishesh Adalat, (sic) (Nar..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. ......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. ......ment and decree of February 1, 1999 passed by a Division Bench of the High Court Division in Transfer Suit No. 1 of 1995 (the Title Suit No. 92 of 1993 was transferred from the 1st Court of Assistant Judge, Dhaka) decreeing the same in part in the following manner: "It is declared that the..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: ......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: ......and Jail Appeal No. 2084 of 1998). The High Court Division by the aforesaid Judgment accepted the reference upon dismissing the appeals. The reference was made by the 1st Court of Additional Sessions Judge, Mymensingh upon convicting the condemned prisoner under section 302 of the Penal Code and sen..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. ....... 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. ......ading to this petition, are that the respondent No. 1 as preemptor instituted Miscellaneous Case No. 39 of 1993 under section 96 of the State Acquisition and Tenancy Act in the Court of the Assistant Judge, Natore. The pre- emptor's case was that he being a contiguous land owner, has the right of pr..Category: Civil Law | Date: 18 Jan, 2004 | Hits: 264
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: ......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: ......ere is no sufficient ground for proceeding against the accused and while discharging the accused the Court shall record the reasoning for the same but in the instant case, learned Additional Sessions Judge having found on consideration of the materials on record and documents in the case and upon he..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)
....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. ......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. ......he petitioner did not go to the civil Court to determine the rights of the parties as directed by the Registrar and instead filed an application under, section 46 for removal of the mark. The learned Judge took the view that since none of the parties went to the competent court to determine the ques..Category: Intellectual Property Law | Date: 15 Dec, 2003 | Hits: 18
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