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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. ......learned Additional Attorney‑General also found difficult to support the order passed by the writ-respondent No. 4. Having regard to the facts and circumstances of the case, we are of the view that the learned Judges of the High Court Division rightly decided the case and there is no le..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: ......s liable for the offence committed by the company and the burden is on the director to prove that the offence has been committed without his knowledge. The learned Counsel further submits that in any view of the matter, respondent having been made an accused in the petition of complaint and allegati..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. ...... biris of the petitioner are traded all over the country under a distinctive name and label "Aziz Biri" with photograph of the bust of the eldest son of the petitioner named Aziz and with a view to distinguishing the high quality biri products of the petitioner from the rest of others the ..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:......ot having been registered, the petitioners have no legal right to protect by way of an order of injunction in the Court of law against the alleged violation by the defendant-respondents. In that view of the above, we do not find any substance in the submissions of the learned Counsel for the pe..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. ......lication in respect of an appeal arising from the judgment of acquittal passed in a case initiated not upon a petition of complaint but registered in a police station upon lodging of an Ejahar. In view of the provisions as in Article 157 of the Limitation Act providing period of 6 months for fil..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)
.... by the writ‑respondent No.4 with respect to all the 4 (four) lots in their bid submission sheet as conditional offer and that it violated clause 14.4 of the Instruction to Bidders (ITB). That this erroneous view about the vital matter has. vitiated the whole decision and has resulted in gross fai......it‑respondent No.4 with respect to all the 4 (four) lots in their bid submission sheet as conditional offer and that it violated clause 14.4 of the Instruction to Bidders (ITB). That this erroneous view about the vital matter has. vitiated the whole decision and has resulted in gross failure of ju..Category: Others | Date: 10 Dec, 2003 | Hits: 261
Syed Md. Anwarul Haque and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
.... This Case is also Reported in: 57 DLR (2005) 248. ...... cases not more than one union. 13. The aforesaid Rules therefore, clearly lay down a criteria according to which a Nikah Registrar may be given jurisdiction of area to perform his functions. In view of the aforesaid Rule it cannot be said that the Government has unfettered power to appoint som..Category: Family Law | Date: 9 Dec, 2003 | Hits: 4
Ershad Ali Sikder (Md) Vs. State, 2003, 32 CLC (AD)
....ials on record has arrived at the correct decision. For the reasons and discussions made above the leave petition is dismissed Connected Jail Petition No. 7 of 2003 is also rejected. Ed. ...... and circumstances of the cases. Moreover, it should be remembered that for lack of motive, the ocular evidence of injured witnesses and other eye‑witnesses should not be discarded, specially in view of the fact that their evidence has not at all been shaken in the cross‑examination………..Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122
Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209
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. ......injuries on the person of deceased Rehana Begum. Of them two (2) injuries were found on right labial major and left labial major and cause of death was attributed to injuries caused. 5. A bird's view of prosecution case tabled in First Information Report and spelt out during trial was that, Tar..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)
.... 10. We do not find any substance in the submission of the learned Counsel for the petitioners for any interference with the impugned judgment and order. The petition is dismissed. Ed. ......Settlement dismissing the case for default, must be held to be without lawful authority and to be of no legal effect and thus the case must be sent back to the Court of Settlement for trial. This view of ours gets support from a decision of this Court as reported in 45 DLR 304. ..Category: Property Law | Date: 7 Dec, 2003 | Hits: 139
Bangladesh Vs. Dr. Md. Tofajjal Hossain, 2006, 35 CLC (AD)
....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. ......he question of maintainability of the case was agitated both before the Tribunal and the Appellate Tribunal. Of the three members, one of the members of the Administrative Appellate Tribunal held the view that the case was not maintainable but the other two members including the chairman held that t..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)
....Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ......h the power to see that the procedure followed by the domestic Enquiry Committee was in accordance with rules and principles of natural justice or not. The Labour Court also is not a Court of review or appeal over the Enquiry Committee." 6. On perusal of the impugned ju..Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
....be exercised where some mistake or error apparent on the face of the record is found; it may also be exercised on any analogous ground. But it may not be exercised on the ground that the decision was erroneous on merits. That would be the province of a Court of appeal". The learned Counsel has also ...... The Code of Civil Procedure (v of 1908), Order XLVII rule 1 The High Court Division is quite competent to take recourse to either revise or some other suitable procedure to reconsider or review or to see correctness of its judgement earlier made on furnishing of fresh materials by a party..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Abul Bashar and ors. Vs. Prafulla Kumar Das & ors., 2004, 33 CLC (AD)
....Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel. Ed. ......bsp; 5. The High Court Division maintained the order of the learned Assistant Judge rejecting the petitioners' prayer for stay of the further proceedings of Execution Case No. 1 of 1999 on the view that petitioners were not parties in the Partition Suit No. 28 of 1987, pursuant to a decree wh..Category: Property Law | Date: 2 Nov, 2003 | Hits: 96
Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and ors., 2005, 34 CLC (AD)
....ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. ......No. 6 Hanvit Bank under the concerned Letter of Credit without any further delay and accordingly, allowed the appeal setting aside the order of ad-interim injunction. 8. In that view of the finding of the Courts below, we do not find any substance in the submission of the lear..Category: Business or Commercial Law | Date: 2 Nov, 2003 | Hits: 783
Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)
....e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ......h of peace in case of this nature, but no order by a criminal court for attachment of the property drawn by the learned Magistrate under section 145 CrPC can validly be made." So, our considered view is that the proceedings under section 145 of the Code of Criminal Procedure were quite inapprop..Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1
Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)
....; 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ...... title and possession of the plaintiff in the land in suit can even be a cause of action of the suit and thus the suit cannot be held to be barred by limitation. The High Court Division was of the view that treating a portion of the land as recorded in SA Khatian later on in RS Khatian as vested..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)
....6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ......mits of Bangladesh and his attendance could not be procured without much delay. Unless these facts are proved or brought to the notice of the Court, a medical report cannot be admitted in evidence in view of the provisions of section 509A of the Code of Criminal Procedure. 9. Next, as r..Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107