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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:......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:......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..Category: Intellectual Property Law | Date: 14 Dec, 2003 | Hits: 264
Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)
.... 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:......d on 25‑9‑2002 in the daily newspapers. The seven foreign bidders and one local bidder namely, the writ petitioner No.1 participated in the bid. It is firmly asserted that no bidder bad asked any question or made any query or raised any objection, specially to conditionality and discounts of the......e allegations made in the writ petition and firmly asserting that the tender was floated according to the approved rules, regulations, terms and conditions of the ADB. That the important and relevant facts are that the Asian, Development Bank (ADB) agreed to provide US Dollar 42.20 million to implem..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. ......s (In all the 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...... This Case is also Reported in: 57 DLR (2005) 248. ..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. ......penalty. 23. He next cited the case of State of Andhra Pradesh vs. Rayavarapu Punnayya and another reported in AIR 1977 (SC) 45. 24. In that case it was decided that the question is- (i) Whether the bodily injuries found on the deceased were intentionally infli...... Evidence Act, 1872 (I of 1872), Section 8 The motive though not relevant and material the same of the condemned prisoner can very well be inferred from the evidence of PW 3 and the facts and circumstances of the cases. Moreover, it should be remembered that for lack of motive, th..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:
......ondent No. 1 against her dismissal order was pending before the Intermediate and Secondary Education Board, Dhaka. The other is that, the service of the respondent No. 1 having not been confirmed the question of approving her dismissal only by the Board of Intermediate and Secondary Education does n......tunity to examine the witnesses. It is further stated that the plaintiff respondent sent a representation to the chairman of the Board of Intermediate and Secondary Education, Dhaka stating the above facts on 7‑9Â1992 and thereupon the Board directed the school authority to reinstate her and acco..
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. ......bout 1/3" x 1/4" and also on the middle of the left labial major about 1/4" x 1/4". Unless there is forcible seizure and ravishment, the injuries noted in Post Mortem. Report could not be caused and question of sustaining injuries on secret parts of the victim of crime Rehana Begum did not arise at......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. ..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. ...... Court Division and, as such, on the basis of alleged Bainanama no right and title has been created and admittedly the case land is under the possession of the Government, as such, the property in question was rightly included as an abandoned property of 'Ka' list. 8. The learned 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. ..Category: Property Law | Date: 7 Dec, 2003 | Hits: 139
Bangladesh Vs. Dr. Md. Tofajjal Hossain, 2006, 35 CLC (AD)
....ase was maintainable, the appeal is liable to be dismissed. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 59. ...... Ministry of Shipping, dismissing him from service. The Administrative Tribunal set aside the order of dismissal. Then the above appeal was preferred before the Administrative Appellate Tribunal. The question of maintainability of the case was agitated both before the Tribunal and the Appellate Trib......ase was maintainable, the appeal is liable to be dismissed. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 59. ..Category: Administrative Law | Date: 10 Nov, 2003 | Hits: 164
Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)
....Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ......fication dated 4‑11-1991 and the 2nd Labour Court, Dhaka had no jurisdiction to entertain the case. The appellant No. 1 after filing written statement, filed a petition raising the question of jurisdiction but the respondent No. 1 did not give any decision on the question of juri......Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ..Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
.... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ......ed by the High Court Division in Writ Petition No. 2127 of 1994). Judgment Md. Ruhul Amin J.- These appeals, by leave, are by the writ‑respondent Nos. 6‑9, purchasers of the plot in question from the subsequent allottees (writ respondent Nos. 3 and 4) as well as by writ‑responÂ......Court Division failed to appreciate properly the decision of Moni Begum vs. RAJUK, 46 DLR (AD) 154 and wrongly held that in writ jurisdiction review application is not maintainable, that new relevant facts having bearing on the case having been discovered and a review having been sought on that grou..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Abul Bashar and ors. Vs. Prafulla Kumar Das & ors., 2004, 33 CLC (AD)
....Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel. Ed. ......Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel. Ed. ......er dated September 19, 2000, The petitioners as against the said order moved the High Court Division in revisional jurisdiction and obtained the Rule. The High Court Division in the background of the facts and circumstances of the case observed since the petitioners were not party in the partition s..Category: Property Law | Date: 2 Nov, 2003 | Hits: 96
Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)
....e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ......on that it is the dispute relating to possession that was for a Magistrate to consider in a proceedings under section 145 of the Code of Criminal Procedure. He had no scope to probe into the disputed question of ownership of the immovable property. But disregarding it, he drew up a proceedings under......e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ..Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1
Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)
....; 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......s not legal and sustainable in law. 7. The law is now settled that against the wrong record of rights the person whose interest is' affected by such wrong recording need not file suit questioning legality of the record of rights so prepared and finally published within 6 years from ......; 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)
....6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ......e in evidence by the High Court Division under section 80 of the Evidence Act. It is apparent that the High Court Division misconstrued the provisions of section 80 of the Evidence Act. To decide the question whether the statement of the victim as recorded under section 164 of the Code of Criminal P......t the medical officer who made the report was dead or was incapable of giving evidence or was beyond the limits of Bangladesh and his attendance could not be procured without much delay. Unless these facts are proved or brought to the notice of the Court, a medical report cannot be admitted in evide..Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107
Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)
....tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ......spondent Md. Amir Ali. He has submitted that in the bainapatra though it was mentioned that the balance amount would be paid within 4(four) months, the time was extended several times and as such the question of time being the essence of the contract does not arise. He has pointed out that on the da......tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ..Category: Contract Law | Date: 20 Oct, 2003 | Hits: 256
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ......2nd party and who possess which portion of the PL. It has also been proved from his admission that Moulavi Amjad Ali brought him on hire who gave evidence as tutored witness. Hence his evidence is questionable. 2nd party witness No. 4 Karimdad admitted in cross that the PL is 100 bamboos in leng......n in favour of the first party‑appellant whereas in the referred decision the approach as to application of law was otherwise round. In view of the above, the said decision is not applicable in the facts and circumstance of the instant case. 24. The instant proceeding under section 145 of the ..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ...... court and the substance and not the form of suit was required to be gone into by learned Judge and amendment sought by Plaintiff in this respect was refused by learned Judge and dismissal of suit on question of legal character of Plaintiff Bank is absolutely illegal and decision cannot be sustained......ndicating Defendant's forcible entrance into suit property and as such it could not be gathered on which date cause of action of suit arose. 51. Expression "cause of action" means entire bundle of facts which a plaintiff has to prove in order to be eligible for grant of relief. It can, also, be s..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Harunur Rashid and ors. Vs. State and ors., 2004, 33 CLC (AD)
....offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed. Ed. ......nts or vendees and co accused Champak Lata is the vendor. Accused Ananta is identifier and accused Amjad Ali, Habibur Rahman are attesting witnesses whereas Abdus Shahid was the scribe of the deed in question; that aforesaid Biresh Chandra Das being aware about the forged deed filed the petition of ......offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed. Ed. ..Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85
DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)
....sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ......th section 153 of the Code of Civil Procedure provides general power to amend given to the Court at any time to amend any defect or error in any proceeding of the suit and for determining the real question or issue raised or depending on such proceeding. 16. However, in the instant c......cedure for any remedy that was made under Order XXI rules 11 (2) and 14 of the Code of Civil Procedure but no amendment could be made as in the case resorting to Order XXI rule 17(2) in the instant facts and circumstances of the case and referred to the decisions reported in 18 DLR 595 and 14 DL..Category: Civil Law | Date: 20 Aug, 2003 | Hits: 291
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
....previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ......it got itself incorporated in 1992, that one of the objects of the company is to carry on business of clinic and hospital, that it filed an application to the authority for the lease of the land in question or iii the alternative another specified plot for the construction of a hospital, that the...... deed of lease was registered on April 6, 1993, that some land has been left out for car park on the north of the land leased out to the plaintiff. 8. The suit, in the background of the facts as mentioned above, was tried by a Division Bench of the High Court Division and decreed in ..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
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