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State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)
....rned Judge was perturbed on the newspaper's report over cruelty to women, which shook his conscience so much so that he was ready to execute a death sentence by stoning if there had been any such provision. 31. These observations show that the learned Additional Sessions Judge was driven by......e of occurrence. In the said marriage they were blessed with a son aged about 4 1/2 years old. On 13-2‑98 at 9‑00 PM Nasima (P.W.2), Shalema, Shefali (not examined) and Anowara (P.W.3), mother-in-law of Shalema were taking supper and on seeing that Nazrul became furious and brought an axe from t..Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
....t of Pre-emption is a statutory right conferred upon a co-sharer either by way of a. inheritance or b. purchase or contiguity of the land transferred, and that right can be defeated only under the provisions of law embodied in section 96(10)(a) of the Act………………………..(6) Bur......ion is a statutory right conferred upon a co-sharer either by way of a. inheritance or b. purchase or contiguity of the land transferred, and that right can be defeated only under the provisions of law embodied in section 96(10)(a) of the Act………………………..(6) Burden of proof ..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. ......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)
....nts become relevant. Relevancy and admissibility are neither synonymous nor co‑extensive. Nor is one included in the other. A person tendering of a fact has to show that it is admissible under some provisions of the Evidence Act. It is not open to any judge to exercise a dispensing power, and admi......bors. They have not stated the names of the neighbors from whom they learnt that the condemned prisoner assaulted Shamima to death for dowry. Therefore, these statements are not legally admissible in law. The learned Judge of the Tribunal illegally recorded the statements of the witnesses or, in the..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)
....efendant was unjustly favoured and consequently, the allotment so made and the lease deed registered pursuant thereto is tainted with unfairness and the authority in making the allotment violated the provisions of Articles 27 and 144 of the Constitution. The learned Counsel for the petitioner submit......fendant No. 6 and took decision to lease out the land in suit as institutional plot to him. It was the definite case of the defendant Nos. 1-5 that the allotment was made upon due compliance of law and the allotment so made was neither improper nor illegal. It was also the case of the defendan..Category: Property Law | Date: 18 Jan, 2004 | Hits: 86
Abdul Bashir alias Bashu Vs. State, 2004, 33 CLC (AD)
....e Penal Code. 5. The learned Advocate for the condemned prisoner submitted that in recording the confessional statement of the condemned prisoner, PW 16, the Magistrate, did not comply with the provision of section 164 of the Code of Criminal Procedure. It is seen from the evidence of PW 16 th...... of the Code of Criminal Procedure. It is seen from the evidence of PW 16 that the said witness recorded the confessional statement of the condemned prisoner upon due compliance of the provision of law. There is nothing in the evidence of the said witness that in recording the confessional stateme..Category: Criminal Law | Date: 18 Jan, 2004 | Hits: 98
Abdus Sobhan Mandal (Md) Vs. Md. Jonab Ali Fakir & others, 2005, 34 CLC (AD)
....ial evidence on record and in order to set aside the material finding of the trial Court is required to advert to the reasons assigned by it which is incumbent under the provision of Order XLI, rule 31 of the Code of Civil Procedure. The appellate Court, as a final Cour......e Court that the disputed transfer is an exchange not a sale has not been made with reference to any evidence and, as such, the finding of the appellate Court is not a correct finding in the eye of law. ……..(6) Lawyers Involved: Shahidul Isl..Category: Civil Law | Date: 18 Jan, 2004 | Hits: 264
Hafizur Rahman & another Vs. State and others, 204, 33 CLC (HCD)
....unity after his arrival in the clinic operated the opposite party No.2 informant though the operation was not successful and accordingly, contends that the proceeding being not in conformity with the provision of sections 315/316 of the Penal Code should be quashed. 4. The learned Counsel for t......3. The learned Counsel for the accused petitioners submits that there is no ingredient of the offence under sections 315/316 of the Penal Code and that the proceeding being an abuse of the process of law and Court is liable to be quashed. He submits that the allegation if taken to be true then the a..Category: Criminal Law | Date: 17 Jan, 2004 | Hits: 3
....
January 17, 2004.
Result:
The petition 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 i......n section 2(XXVIII) of the IRO, are very much entitled to form a Trade Union and that having had done, they had a right to get registration of the Trade Union in case of satisfying the requirement of law as in section 8 of the IRO and that the 2nd Labour Court having had found that the members of 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. ......petitioner) to show cause as to why the impugned order to transfer her dated 18‑11-1998 issued by the respondent No. 4 (Annexure‑A) should not be declared to have been made without lawful authority and of no legal effect. The petitioner's case is that she is a Senior Staff Nurse ..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)
....mitted by the company and the burden is on the director to prove that the offence has been committed without his knowledge. He lastly submits that the High Court Division failed to take notice of the provision of section 24(2) of the Securities and Exchange Ordinance, 1969 in its proper perspective ......s that there are sufficient materials to proceed against the accused and having framed charge instead of discharging the accused order of the High Court Division to the contrary is not sustainable in law. ………………….(24, 26, 27). Cases Referred to- GL Gupta vs. DN Mehta AIR 1971 ..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)
....en compelled to file the instant application under section 46 of the Trade Mark Act, 1940 (hereinafter called "the Act"). In granting registration of the mark of the opposite party No.2 the provision of section 8 of the Act has been offended and also by committing a fraud upon the Registra......ed Advocate further submits that it is true that the petitioner earlier filed an opposition against the application of the opposite party No.2 but ultimately that application was rejected and that in law would not stand in the way of the petitioner to move this Court under section 46 of the Act inas..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:......Act to protect the trade mark of the petitioner but that not having been registered petitioner has no legal right to protect the trade mark sought for by way of an order of injunction in the court of law. ......................(7) Lawyers involved: Mohammad Ozair Farooq, Senior Advoc..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)
....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 filing an appea......n under section 417(3) of the Cr. P. C. "left no scope for application of section 5 of the Limitation Act inasmuch as there being no cogent reason explaining the delay, there is no scope in law to condone the delay to secure ends of justice". The further contention of the learned Coun..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)
....he writ petitioner and marked Annexure‑B. The bids were evaluated by different committees comprising highly experienced officials of the BWDB, concerned Ministries and consultants of the ADB as per provisions of the bid evaluation rules. The committees for evaluation and the composition thereof ar......issued by the writ‑respondent No.3 (petitioner No. 2 herein) informing the issuance of Notification of Award to the writ respondent No.4 on 25‑2‑2003,were declared to have been passed without lawful authority and of no legal effect and direction was given for re‑tender. 2. The writ‑petit..Category: Others | Date: 10 Dec, 2003 | Hits: 261
Syed Md. Anwarul Haque and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ladesh and others.................................................Respondents Judgment December 9, 2003. Result: All the Rules are discharged. There is no vires in the second provision to section 4 of Muslim Marriages and Divorces (Registration) Act, 1974 As well as in...... Writ Petitions). Writ Petition No.5448 of 2002, with 4571 of 2003, 811 of 2003, 3951 of 2002, with 4832 of 2002. Judgment Tariq-ul Hakim J.-All these Rules concern common questions of law and are, therefore, being disposed of by this single judgment. 2. In all these Writ Petitio..Category: Family Law | Date: 9 Dec, 2003 | Hits: 4
....g before the appeal and arbitration committee of the Board. The trial Court also held that the suit for mandatory injunction and for direction to pay arrear salary, etc. is not maintainable under the provision of section 42 of the Specific Relief Act and being aggrieved thereby the plaintiff respond......view of the Regulation No. 6(1) of the Recognition of the Non‑Government Secondary Teachers Board of Intermediate and Secondary Education, Dhaka Terms and Conditions of 1977 and on the principle of law as enunciated in 48 DLR 472 and 31 DLR (AD) 298, the impugned judgment of the High Court Divisio..
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. ......d Jail appeal puts on display a paradigm how father and mother betrayed the cause of their own daughter, the victim of crime Rehana Begum, on burying the factuality into deep debris before a Court of law in a dehumanising and revolting crime which was rape followed by death only to liberate the cont..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. ......09;4‑2003 passed by the High Court Division in Writ Petition No. 2338 of 2001 making the Rule absolute directing the Court of Settlement to try the case and give a decision in accordance with law and also directing the petitioner to restore the possession of the property to the respondent N..Category: Property Law | Date: 7 Dec, 2003 | Hits: 139
Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)
....965), Section 25 Whether in exercise of power of certiorari High Court Division can send a case to the court or Tribunal below to see as to whether there is compliance of the relevant provision of law or principle of natural justice. It is an established principle of law that...... 25 Whether in exercise of power of certiorari High Court Division can send a case to the court or Tribunal below to see as to whether there is compliance of the relevant provision of law or principle of natural justice. It is an established principle of law that the Labour ..Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106
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