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Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....amount due to the petitioner on account of salary and allowances. From the break‑up of the claim it also appears that some of the claims are not payable by the respondent company. Therefore, in the facts and circumstances of the case and the stand taken by the respondent No.1 it appears to be a ge...... Edruc Limited ..........................................Respondent Judgment March 3, 2004. Result: The applications are dismissed. Cases Referred to- Amin Scales Ltd. and another Vs. Md. Yakub, 1987 BLD (AD) 259 = 39 DLR (AD) 201; Haridas Vs. Baroda Kishore, 27 Cal 3......laim for compensation or damages for breach of contract or remuneration due for services rendered do not fit in with the category of "debt" because quantum of the claim has to be decided on evidence at the trial. But in case of debt quantum is definite and certain and, in fact, cannot be d..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)
....under section 8 of the Evidence Act pointing finger to his guilt that he was responsible for the cause of death of his wife. 6. It has been contended on behalf of the condemned prisoner that the facts proved by the prosecution do not constitute an offence punishable under section 10(1) of the N...... Cases referred to- State Vs. Bahar Miah, Death Reference No. 3 of 2002. Lawyers Involved: Nikhilesh Dutta, Deputy Attorney General with Mohammed Baset, Assistant Attorney General and Fara Mahmuda, Assistant Attorney General ‑ For the State. Dr. Mohammad Abul Bashar, Advoc......, in support of its case, has examined 12 witnesses, of them, 4 witnesses are officials and of the remaining witnesses, two have been declared hostile. The case entirely rests upon the circumstantial evidence. There is no eyewitness of the occurrence. The Bishesh Adalat on consideration of the evide..Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164
Govt. of BD. rep. by Sec., Min. of Post, T&T & ors. Vs. Abul Khair, 2004, 33 CLC (AD)
....ly been compulsorily retired the Administrative Tribunal rightly dismissed the Administrative Case No. 114 of 1994 and thus Administrative Appellate Tribunal erred in law in disturbing the finding of facts duly arrived at by the Administrative Tribunal and, as such, the same requires Interference by...... Md. Ruhul Amin J Md. Fazlul Karim J MM Ruhul Amin J Md. Tafazzal Islam J Government of Bangladesh represented by the Secretary, Ministry of Post, Telegraph and Tele communication and others....................Petitioners Vs. Abul Khair........llate Tribunal when apparently the respondent has not been dealt with in accordance with law following, the principles of natural justice. The petition is dismissed. Ed. ..Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
....edly found in possession of the property. 15. Then the aforesaid order of making the respondent Nos. 6 and 7 as parties was challenged and the Appellate Division held as follows: "From the facts as stated above, submissions made by the learned Counsels and authority cited above by them, ......ithout any order as to costs. Ed. ......r legal obligation to restore the vacant possession to the respondent No. 1 after removing therefrom their tenants and other impediments. Mr. Faroqui further submits that "transfer of possession", as evidenced in the Annexure‑Ga, cannot be the transfer of lease which the Government acquired from a..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
....osited that a decision is only an authority for what it actually decides. It cannot be quoted for a proposition that may seem to follow it. Every judgment must be read as applicable to the particular facts proved or assumed to be proved since the generality of the expression which may be found there......hatun................................Condemned Prisoner Judgment February 17, 2004. Result: Death Reference No.43 of 2001 stands rejected. Criminal Appeal No.3459 of 2001 and Jail Appeal No.3887 of 2001 are dismissed. ......her, persons killed Tipu Sultan. Innocence and false implication had been, also, insisted. In support of defence plea Eakub Ali (D.W.1) and Shahadat Hossain (D.W.2) had been examined. 9. Central evidence in connecting Anjuara Khatun in commission of crime consisted of testimonies of P.W.1 Abdul..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)
.... of 1990 and restoring the judgment and decree dated M‑2‑1990 passed by the learned Subordinate Judge (now Joint District Judge) Kushtia in Title Suit No. 3 of 1985. 2. Short facts are that the petitioner as plaintiff instituted Title suit No. 3 of 1985 in the Court of Subor......petition is dismissed. Ed. ......se to fill up the lacuna of the case of any party…..(6) Order XXVI, rule 12. Report of the Advocate Commissioner itself without examining the commissioner is not an evidence but if the commissioner deposes on oath before the court in respect of the commission repo..Category: Property Law | Date: 11 Feb, 2004 | Hits: 127
Wali Ahmed Bhuiyan Vs. Dr. Jahangir Hossain Bhuiyan, 2004, 33 CLC (AD)
.... case of bonafide requirement 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 wer......he Premises Rent Control Act, 1991 (III of 1991), Section 10 The contention of bonafide requirement of the premises for use of the owner should have to be substantiated by disinterested and reliable witness. Lawyers involved: Khondker Mahbubuddin Ahmed, Senior Advocat...... use and occupation is a matter exclusively of his, but still then person who comes with a case of bonafide requirement 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 tran..Category: Civil Law | Date: 11 Feb, 2004 | Hits: 209
State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)
.... and in the manner as stated by the prosecution. The condemned-prisoner claimed the benefit of section 84 of the Penal Code on the plea that he was completely insane at the time of occurrence. In the facts of the given case, let us consider whether the defence has substantiated its plea. It is true ......;…Condemned Prisoner Judgment January 20, 2004. Result: The Death Reference is rejected the Jail Appeal is allowed. Cases Referred to- Shamsul Haque alias Shamsul and others Vs. State, 38 DLR (AD) 75; Dahyabhai Chhaganbhai Thakur Vs. State of Gujarat, AIR 1964 SC......j on 3‑5‑98. He denied the defence suggestion that the accused was mad and he was handed over by his relations to the police. 15. The learned Additional Sessions Judge upon assessment of the evidence on recorded held that P.Ws.2 and 3 who are respectively, the mother and the Bhabi of the co..Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
....udge it is not possible to hold that those went against the weight of evidence and materials brought on record and suffer, from patent wrongness, dodderiness and waywardness. 22. Decisions of facts reached by Appellate Judge as last and final Judge of fact based; on evidence and materials o......7) 69. ......right can be defeated only under the provisions of law embodied in section 96(10)(a) of the Act………………………..(6) Burden of proof Burden of proof is the obligation to adduce evidence to the satisfaction of Court in order to establish the existence or non existence of a fac..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. ......itional Attorney General, instructed by AM., Md Wahidullah Advocate‑on Record‑For the Appellant. Not represented‑The Respondent. Criminal Appeal Nos. 27 of 1997. (From the Judgment and order dated 28 June 1995 passed by the High Court Division in Criminal Appeal No. 2013 of 1992).......er of the Superintendent 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..Category: Anti-Corruption Laws | Date: 19 Jan, 2004 | Hits: 96
State Vs. Bahar Miah, 2004, 33 CLC (HCD)
....e of Mannan Gazi it was observed, "the learned Special Judge" has committed no illegality or wrong in finding the appellant guilty under section 302 of the Penal Code for killing his wife. We, in the facts and evidence on record of the case, maintain the same conviction of the appellant under sectio......ate……………Petitioner Vs. Bahar Miah …….......... Condemned Prisoner Judgment January 18, 2004. Result: The death reference is rejected. Cases Referred to- Sris Chandra Nandy Vs. Rakhalananda Thakur, AIR 1941 PC 16; State Vs. Eunus Kha, 5 BLC 353; State Vs. Manna......n, in support of its case, has examined 6 witnesses and the defence has examined one witness. Defence case reveals from the trend of suggestions given to the prosecution witnesses as well as from the evidence of DW 1 is that, the condemned prisoner has been falsely implicated in the case. His furthe..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. ......Advocate-on-Record— For the Respondent No, 6. Mvi Md Wahidullah, Advocate-on-Record—For Respondent Nos. 1-5. Civil Review Petition No. 127 of 2003. (From the Judgment and Order dated August 18, 2003 passed by the Appellate Division in Civil Appeal No. 50 of 2000).&nb......re was no basis for treating the plot allotment whereof was sought for the construction of the hospital that would be run on commercial basis as anything other than a commercial plot and there was no evidence on record that the project was nonprofit making or charitable to justify the plot allo..Category: Property Law | Date: 18 Jan, 2004 | Hits: 86
Abdul Bashir alias Bashu Vs. State, 2004, 33 CLC (AD)
....ng finality to the judgment of the Court of Additional Sessions Judge the same cannot be the round for commuting the sentence of death where death was caused for no reason. In the back ground of the facts and circumstances of the case, in our opinion, delay cannot be a ground for commutation of the......de of Criminal Procedure, 1898 (V of 1898), Section 374 The Penal Code, 1860 (XLV of 1860), Section 302 Delay cannot be a ground for commutation of the sentence of death awarded to the prisoner and altered to the sentence of imprisonment for life. Lawyers Involved: Shaukat Ali Khan, Sen...... PW 1, father of Hazrat Ali and the husband of Julekha Khatun, the informant, lodged the first information report upon hearing of the incident from the persons who witnessed the incident. Part of the evidence of PW 7 is relevant for the disposal of the petition for leave to appeal filed by the conde..Category: Criminal Law | Date: 18 Jan, 2004 | Hits: 98
Abdus Sobhan Mandal (Md) Vs. Md. Jonab Ali Fakir & others, 2005, 34 CLC (AD)
....ner 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, are that the respondent No. 1 as preemptor instituted Miscellaneous...... Ed. ...... (V of 1908), 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 decide..Category: Civil Law | Date: 18 Jan, 2004 | Hits: 264
Hafizur Rahman & another Vs. State and others, 204, 33 CLC (HCD)
.... 2000 arising out of Dhanmondi PS Case No.49(2) 2000 under sections 315/316 of the Penal Code now pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule is that the opposite party No.2, as informant lodged ...... (Criminal Revisional Jurisdiction) Present: Md. Ali Asgar Khan J Md. Ashfaqul Islam J Hafizur Rahman & another.....................Accused-Petitioners Vs. State and others......................................Opposite Parties Judgment January 17, 2004......o held judicial inquiry also found prima facie case against the accused petitioners under sections 315/316 of the Penal Code in view of the allegations as made in the first information report and the evidences as adduced during the time of judicial inquiry and, on the basis of this judicial enquiry ..Category: Criminal Law | Date: 17 Jan, 2004 | Hits: 3
.... of Trade Union has been disapproved by this Court and in support thereof has referred to the cases reported in 52 DLR 151 and 43 DLR 655. Facts of the said 2 cases arc quite distinguishable from the facts of the instant case and, as such, the same have no relevancy to and bearing on the question th...... J
Syed JR Mudassir Husain J
MM Ruhul Amin J
Palli Daridra Bimochon Foundation ........Petitioner
Vs.
Palli Daridra Bimochon Foundation Karmachari Union, Bangladesh (Proposed) and others ........Respondents
Judgment
January 17, 2004.
Result:
The petition is di......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:
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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)
....ve 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 Sultana filed the above writ petition...... Court Appellate Division (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Secretary, Ministry of Health and Family Welfare & others....Petitioners Vs. Parvin Sultana....Respondent ......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)
....ale by others; (vi) being a director or an officer of the issuer of a listed equity security or a beneficial owner of not less than ten per cent of such security who is' in possession of material facts omit to disclose any such facts while buying or selling such security. 11. Section 24, the......ly allowed. Ed. This Case is also Reported in: ......y 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 in‑charge of 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)
....rt may seem fit and proper. 2. The petitioner is the proprietor of Taj Biri Factory in village-Sarai, Haragach, Police Station-Kaunia, District-Rangpur. The said rule arises out of the following facts and circumstances: 3. The petitioner is engaged in the business of manufacturing Biri sin......;……………………………………………….Petitioner Vs. The Registrar of Trade Marks and another……………………………&......DLR 376. Mr. Hossain further submits that this application on its fact is also not maintainable in view of the fact that the averments made in the application has not been substantiated by sufficient evidence in support thereof. Mr. Hossain further submits that in order to bring a case within the am..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)
....rs under the brand name of 'A & E Products’ and because of such passing off the plaintiffs/petitioners have suffered business loss to the tune of Taka 20 crore for the year, 2002. That, in such facts and circumstances the plaintiffs petitioners was compelled to file the suit for declaration, p......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
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