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Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
....tract for sale of land against the predecessor of the respondent Nos. 1 (a) to 1 (c) on the basis of the 'bainapatra' dated August 20, 1982 which was executed upon receiving Taka 1,50,000 out of the total consideration Taka 3,00,000. The predecessor of the present responÂdent Nos. 1 (a) to 1 (c) m......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...Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
.... for the motion of' no confidence for removal of the Chairman from the post. In this view of the matter the special meeting had the requisite number of attendance of above two‑thirds of the total number of the Commissioners. We have perused the resolution of the special meeting dated 8......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. ......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. ..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
....e learned Judge devised the following tests:
"IV. The dormant nature test:
(a) Where a complex of activities, some of which qualify for exemption, others not, involves employees on the total undertaking, some of whom are not 'workmen' as in the University of Delhi case (AIR 19......
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.
......ng City Corporation Ordinance, 1977, as such, he did not have any locus standi to file any case under section 34 of the IRO before the Labour Court and the Labour Court erred in law and acted without jurisdiction in disposing of the said case under the provisions of the Labour Laws although the Firs..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Jahangir Alam (Md) alias Zakir Vs. State, 2004, 33 CLC (AD)
.... 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. ...... 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. ......he petitioner did not prefer any appeal before the High Court Division within 30 (thirty) days, the statutory period of limitation. However, after the expiry of thirty days the petitioner invoked the jurisdiction under section 561A of the Code of Criminal Procedure for quashment of the judgment and ..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. ......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. ..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. ......he quantum of dues and if this be the position then the settled position of law is that a petition filed on the ground of inability 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 decisio..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)
....e details of such fact merely; (iii) one which applies it to the "surrounding circumstances" of some central fact, called, in contradiction, the "principal fact"; and (iv) one which applies it to the total whole composed of both the principal fact and the surrounding circumstances. Res gestae may be......ining injuries, that the evidence on record did not show that the condemned prisoner attended in the funeral of the victim rather he was on the run just immediately after the occurrence, and that his absence just immediately after the occurrence is relevant under section 8 of the Evidence Act pointi......eference No. 3 of 2002, this Court held that if the prosecution failed to prove that the accused killed the victim on account of dowry, the trial of the accused by the Bishesh Adalat would be without jurisdiction and that the proper course would be to send the case back on remand for fresh trial und..Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164
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. ......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. ..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
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: ......e finding that plaintiff failed to make out a case of bonafide requirement of the premises in suit for his own use and occupation. Thereupon, the plaintiff moved the High Court Division in revisional jurisdiction and obtained the Rule. 5. The High Court Division upon observing that plainti..Category: Civil Law | Date: 11 Feb, 2004 | Hits: 209
State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)
.... record, the learned Deputy Attorney-General was deviated from his stand and submitted that though there were some evidence on record as regards the history of insanity of Nazrul but that the defence totally failed to prove its plea that Nazrul was completely insane at or about the time of occurrenc......f mens rea in him is fundamental when the accused relies on a general exception contained in Chapter IV of the Penal Code, in view of section 105 of the Evidence Act the Court is bound to presume the absence of circumstances, which bring the case of the accused within that exception, and consequentl...... 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)
....r or legal predicament on the part of Pre-emptor. First party in having a favorable judicial verdict of an order of pre-emption over the land under preÂemption proceeding. Learned Assistant Judge totally misdirected himself in his approach on the legal war of words and fell into a substantial e...... 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. ......cisions of facts reached by Appellate Judge as last and final Judge of fact based; on evidence and materials on record are not open to interference by High Court Division in exercise of revisional jurisdiction contemplated in section 115 of the Code unless it is shown that decision are based upo..Category: Property Law | Date: 20 Jan, 2004 | Hits: 6
State Vs. Moslemuddin (Md), 2004, 33 CLC (AD)
.... the respondent Tashildar to be absent from his Tahsil Office. On verification of the case book and pass book of the Tahasil Office it was also detected that the respondent Tahsildar had deposited in total Taka 32,483/58 upto 8‑3‑90 whereas he had collected Taka 53,621.39 since 16 7‑89 to 28......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. ...... produced before the learned judge and that he ever wrote under section 6(5) of the Criminal Law (Amendment) Act to the proper authority for the sanction. It is now well settled that sanction confers jurisdiction upon the Special Judge for taking cognizance of an offence against a government servant..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. ......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. ......shesh Bidhan) Adalat under the aforesaid Ain of 1995 could not try an offence under the Penal Code and the order of conviction and sentence under section 304 of the Penal Code was, therefore, without jurisdiction. But the appellant had no hand in the matter of trial. If there was a trial in the wron..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. ....... 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. ......ppeal below resulting in an error in the decision causing failure of justice ignoring the fact that the decision of the Court of appeal below is binding upon the High Court Division in its revisional jurisdiction. 6. We have heard the learned Advocate and perused the impugned judgment o..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. ......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. ......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
....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:
......the workers and employees of the petitioner have the fight to form an association. The High Court Division rejected the contention of the writ petitioner that the Labour Court passed the order in its absence upon observing as per provision of section 8 of the IRO there was no scope for making the wr...... 1969), Section 8(1)
In the matter of registration of the Trade Union as per provision of section 8(1) of the IRO, the question of giving registration or refusing registration is the exclusive jurisdiction of the Registrar of Trade Unions and in the performance of the said act Registrar of Tr..
Category: Employment/Service Law | Date: 17 Jan, 2004 | Hits: 120
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 of the Company and accordingly, the High Court Division rightly allowed the application filed under section 265C of the Code of Criminal Procedure. The learned Counsel further submitted that in the absence of any evidence or allegation that a Director or an accused Company was responsible, if inâ€...... the time of framing of charges alleging that there is no sufficient ground for proceeding against the accused, which having been rejected, the accused moved the High Court Division in its revisional jurisdiction under section 439 of the Code of Criminal Procedure. 23. The High Court Division, h..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)
....in support thereof. Mr. Hossain further submits that in order to bring a case within the ambit of section 8 of the Act the petitioner must produce evidence in respect of the user of the mark which is totally absent in the instant case. Therefore, on that count also the instant application is hit by ......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. ......earned Advocate further submits that if it is found by this Court that the mark adopted by the opposite party No.2 is deceptively similar to the mark of the petitioner then this Court will invoke its jurisdiction under section 46 of the Act as soon as it is found as a matter of fact that the registr..Category: Intellectual Property Law | Date: 15 Dec, 2003 | Hits: 18
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. ......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. ......of provision of section 5 of the Limitation Act the Court if is satisfied with the explanation as to how delay occurred in filing the appeal within the prescribed time then it is very much within its jurisdiction to condone the delay and to make direction to register the appeal. In the instant case ..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)
..... 3. Goods are grouped in lots and pursuant to Sub‑clause 36.6 of the Instructions to Bidders, the Purchaser will evaluate and compare bids on the basis of a lot, or a combination of lots, or a total of lots in order to arrive at the least cost combination for the purchaser by taking into acco...... 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:......it petition was not maintainable at all inasmuch as the writ petitioners were none else than two unsuccessful bidders in an international, tender and consequently they were not entitled to invoke the jurisdiction of the High Court Division under Article 102 of the Constitution basing their claim in ..Category: Others | Date: 10 Dec, 2003 | Hits: 261
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