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State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
....e of condemned prisoner in unequivocal terms stated that condemned prisoner took refuge in his house and she was seized by witnesses. There was no occasion on the part of condemned prisoner in making good escape from scene house and, also, to hide in the house of Mijanur Rahman (P.W.5) when her husb.......6). Haji Abdul Dhabak (P.W.7) and Rokeya Khatun (not examined) blurting out that she killed her husband. Anjuara Khatun, also, confessed her guilt by way of judicial confessional statement which was recorded by Md. Bazlur Rahman (P.W.8), Magistrate, First class under section 164 of the Code of Crim......ussed nor considered by us and a we shall not make an idle parade of discussing those authorities to save the Judgment to be unnecessarily encumbered. 30. First branch of contention pressed into service is that, there had been unusual delay in laying First Information Report and First Informati..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. ......hy;-3 for declaration of title to the suit land stating, inter alia, that the suit land appertaining to CS Khatian No. 174 belonged to Bholai Shah Fakir and Sital Shah Fakir in equal share and the CS record was accordingly prepared and finally published. After the death of the said CS recorded tenan......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. ..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: ......nt of the premises for own use and occupation is to establish the same through the evidence of disinterest, and reliable witness. 8. In the background of the facts transpiring from the record, we are of the view High Court Division as well as trial Court were not in error in not placi......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)
.... was taken to the hospital where she died, that she made statement before a Magistrate on the following day and put her signature in her statement. In cross she stated that the condemned-prisoner had good relationship with Shalema, that he never assaulted his wife prior to the date of occurrence, th......onj Police registered a case, held inquest on the dead body of Shalema, sent the dead body for autopsy, seized alamats from the place of occurrence, arrested the condemned prisoner, arranged for recording the confessional statement of the condemned-prisoner and after investigation, having found...... 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)
.... 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. ......wal Mia for Md. Muzibur Rahman - 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 lea...... 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. ..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. ......perintendent of Police, Tangail in his Memo No. 1023 dated 16‑2‑91. 4. As it appears on the question of sanction for the prosecution the High Court Division found that there is no evidence on record showing such sanction from proper authority though for prosecution of the accused, a governme......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. ..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. ......ining some witnesses, having found prima facie case against the condemned prisoner and others submitted charge-sheet under section 11 (ক) of the Nari‑o‑Shishu Nirjatan Daman Ain, 2000. The case record was eventually sent to the Nari‑o‑Shishu Nirjatan Daman Tribunal, Comilla. The Tribunal o......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. ..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. ...... Court of Assistant Judge, Dhaka to the High Court Division and the same was tried in the High Court Division. As mentioned hereinabove a Division Bench of the High Court Division on the materials on record decreed the suit in the manner as stated hereinbefore. The defendant No. 6 appealed, Civil Ap......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. ..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: ......the sentence of death awarded to the prisoner and altered to the sentence of imprisonment for life. Lawyers Involved: Shaukat Ali Khan, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-record- For the Petitioner. Abdur Rezzaque Khan, Additional Attorney-General, instructed by Mvi.......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: ..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. ......, Order XLI, Rule 31 The appellate Court being the final Court of fact while reversing the judgment of the trial Court must discuss and consider the material evidence on record……..(6) The High Court Division rightly decided the case h....... 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. ..Category: Civil Law | Date: 18 Jan, 2004 | Hits: 264
....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:
......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:
......usiness, it has not ceased to be an, ‘industry' only because of its some philanthropic activities. It has also been observed by the High Court Division that the writ petitioner instead of realising service charge is realising interest at a very high rate and, as such, the petitioner comes within t..
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. ......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. ......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. ..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)
.... Eastern Housing 908,200 392,370 34,450 154,140 1,398,800 442,370 48,450 216,140 It will appear from the above analysis that quite a good number of shares which they sold through DVP has not been recorded in DSE trading. They indirec......sult: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), Section 265C Section 265C of the Code of Criminal Procedure enjoins a duty upon the Court, to consider the record of the case and the documents submitted therewith and upon hearing the submissions of the acc......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: ..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)
....oduct of the petitioner and the customer/consumers ordinarily being mostly uneducated and ordinary common people, they buy "Aziz Biri" as the product of the petitioner. The petitioner's goods are so much so popular and in demand that his establishment has been paying customs/excise dut......o.2 is identical to the mark of the present petitioner and it has been registered as back as on 11.8.76 and that was in his Registry and the law casts upon a duty upon the Registrar to scrutinise the record before publication of advertisement to see if any similar mark already exists in the Registry......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)
....aintiffs petitioners. and causing serious irreparable loss inasmuch as section 20(2) of the Trade Marks Act, 1940 allowed the plaintiffs-petitioners to take action against any person for 'passing of' goods as the goods of that person and taking into consideration of the same the Court below passed t......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)
....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. ......ntention of the learned Counsel for the appellants was that delay was not explained upon stating cogent reason for the same. 4. The aforesaid Session Case was registered on receiving the records of GR Case No. 670 of 1998 which was registered in connection with Joydebpur PS Case No. 8(9......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)
....haser by taking into account of discounts offered by Bidders in case of award of multiple contracts. Margin of preference: 1. In supply only contracts, a margin of preference will be granted to goods, manufactured in Bangladesh in accordance with the following provisions, provided that the Bid......any question or made any query or raised any objection, specially to conditionality and discounts of the bid‑documents Prior to the bidding. On 27‑11‑2002 the tenders were opened and the entire record of bid opening was filed by the writ petitioner and marked Annexure‑B. The bids were evalua...... 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:..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. ...... This Case is also Reported in: 57 DLR (2005) 248. ......le has been formulated by taking into consideration the need to create greater employment opportunities for the large number of Moulanas and unemployed people on the one hand, and providing efficient service for registration of marriages and divorces to the growing population of the country on the o..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. ......ure and on completion of investigation submitted charge‑sheet in the case. 5. One Noor Alam, bodyguard of condemned‑prisoner Ershad Ali Sikder made confessional statement which was recorded under section 164 of the Code of Criminal Procedure by PW 6 Md Sabir Ahmed, Magistrate, 1st......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. ..Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122
....r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages.
Ed.
This Case is also Reported in:
...... being aggrieved thereby the plaintiff respondent preferred an appeal and the appellate Court reversed the findings of the trial Court upon consideration of Exhibits 5, 7 and 10 and other evidence on record and came to the finding to the effect that since plaintiff respondent was allowed to continue......om the post of Assistant Teacher is void, illegal and without jurisdiction and not binding upon her and also prayed for mandatory injunction against the defendant petitioner; for her reinstatement in service with back salary and allowances.
3. The case of the plaintiff respondent is that she was..
Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209
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