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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. ...... is discharged. Whether or not the oral contract as claimed by the plaintiff is genuine and enforceable in law Addition of subsequent transferees is necessary for proper adjudication of the question whether the plaintiff’s case of alleged contract between the plaintiff and the defend......tted that presence of subsequent transferee is always necessary, particularly when the owners of the holding denied to have made any contract with the plaintiff. 8. Perused the record as placed, facts stated hereinbefore do not admit of any controversy. On 20‑11‑2002 the suit was instituted..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. ......e dues to the petitioners on settlement of accounts. 4. Since Mr. Shamsuddin Babul, the learned Advocate appearing for the respondent, raised the preliminary question of maintainability of these applications is would be proper for me not to enter into the me......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..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. ......ffence within the ambit of the offence, it is necessary for the prosecution to prove that the death is caused on account of dowry. No alternative punishment has been provided for the offence. Now the question is, whether the Bishesh Adalat is justified in convicting the condemned prisoner on the pri......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..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)
....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. ......g Mr. Abdus Sattar APMG (Security) who issued notice to the respondent on 47‑1996 fixing 8‑7‑1996 for appearance and hearing. The respondent appeared before him and he was Oven questionnaire to which lie was directed to reply in writing. The Enquiry Officer conduced enquiry is......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..Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125
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. ......learned Counsels and authority cited above by them, it appears that in view of the nature of tenancy of respondents Nos. 6 and 7 respectively separate considerations are required for deciding the question before us. It appears that in the writ petition appellant not only prayed for a declarati......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, ..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. ...... qualified by particular facts of the case in which such expression occurs. It is neither desirable nor permissible to pick out a word or a sentence from any judgment divorced from the context of the question under consideration and treat it to be complete law declared by court. 29. Authorities......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..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. ...... 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..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: ...... 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..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. ...... 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 ..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. ...... 3. Feeling dissatisfied with the above adjudication by Appellate Judge. Vendor as petitioner approached this Court in this Revision petition under section 115 of the Code. 4. The Only question that outlasts determination is whether decision contributed by Appellate Judge in allowin......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..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. ...... case although tile investigating officer in the charge‑ sheet mentioned about the order 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 ......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. ......(1) of the Nario‑Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 and that of an offence under section 11(ক) of the Nari‑o‑Shishu Nirjatan Daman Ain, 2000 are of the similar nature. Now the question is, whether the condemned prisoner may be convicted under section 302 of the Penal Code on ......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..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. ......got itself incorporated in 1992, that amongst the objects, one is to carry on business of clinic and hospital, that the Company applied to the authority seeking lease of the land in question or, in the alternative, another specified plot for the purpose of construction of a hospita......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: ......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: ......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..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. ......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..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. ...... 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 ..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:
......tition is dismissed.
The Industrial Relations Ordinance, 1969 (XXIII of 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 Regist...... 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..
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. ......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..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: ......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: ......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..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)
....legal financial gain inspite of their product being of inferior quality. It is further contended that the opposite party No.2 in fact copied the trade mark of the petitioner company and it is in fact identical to the trade mark of the petitioner and by suppressing the fact that the mark of the oppos......red owner of the mark is a person aggrieved within the meaning of section 46 of the Act. The learned Advocate further submits that a cursory view of both the marks would demonstrate that the marks in question are deceptively similar with each other and the opposite party No.2 in fact is imitating an......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..Category: Intellectual Property Law | Date: 15 Dec, 2003 | Hits: 18
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