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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: ......ssed. The Code 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: Shauk...... 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)
....ontents of the deed itself and thereby the High Court Division committed an error of law in reversing the finding of the Court of appeal below resulting in an error in the decision causing failure of justice ignoring the fact that the decision of the Court of appeal below is binding upon the High Co....... 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. ...... The High Court Division rightly decided the case holding that the summary finding of the appellate 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 ey......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)
....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. ......zur Rahman on whose part there was no negligence who at the earliest opportunity 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......zzam Husain with M. Moazzal Husain with M Zahirul Alam Babar, Md. Shahjahan Kabir and Reazuddin Khan- For the Opposite Party No.2 Informant. Md. Mokleshur Rahman Zahid, Ireen Mahbub, Assistant Attorney-General- For the State. Criminal Miscellaneous Case No. 7242 of 2001 Judgment ......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
....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:
......stion of giving registration or refusing registration is the exclusive jurisdiction of the Registrar of Trade Unions and in the performance of the said act Registrar of Trade Unions alone is required to take decisions at his level………………(12)
Cases Referred to-
Bangladesh Paribar ......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. ......that as the representative of the Nurses Association she raised some demands before the authority and out of grudge, the authority issued the impugned order which apart from being malafide is also, according to the government circular, deemed to be by way of harassment. 3. That......Constitution of Bangladesh, 1972, Article 103 Order of transfer of a senior staff nurse who is the writ petitioner is contravention of the circulars issued by the Government from time to time framing regulations of transfer of such employees. The High Court Division rightly decided ......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)
....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: ...... as quoted in the complaint petition there is no mention or reference of the petitioner's name nor it was indirectly alleged that she was responsible for the conduct of the affairs of the Company and accordingly, the High Court Division rightly allowed the application filed under section 265C of the...... 5, 2004. Result: 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 submis......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)
....n (1) and (2) of section 46 to maintain the purity of the Register. No doubt a discretion is vested in the tribunal but that discretion has to be exercised judicially keeping in view the principle of justice and public interest. The discretion of the Court or the Registrar under section 46 of the Ac......ri" bearing No.40518 in Class-34 dated 5.5.1994 together with its existing features of label, get up and design should not be expunged from the Register of Trade Marks and the Register rectified accordingly and/or such other or further order or orders passed as to this Court may seem fit and pr...... 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. ......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:......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:...... The petition is dismissed. The Trade Marks Act, 1940 (V of 1940), Section 20 (2) Had the petitioner’s product been registered possibly a complaint could be made under the Trade Marks Act to protect the trade mark of the petitioner but that not having been registered petitioner has no le......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)
....not be axed down. The delay of 150 days on the part of the Government who remains a slow moving juristic person, thus, demands due consideration and the delay caused may be condoned to secure ends of justice". 3. As against the judgment and order of the High Court Division appellan......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. ......hul Amin J Syed JR Mudassir Hussain J MM Ruhul Amin J Dr. MA Mazed & others............................Appellants Vs. Bangladesh, Represented by the Solicitor ..........................Respondents Judgment December 10, 2003. ......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)
....ional offer and that it violated clause 14.4 of the Instruction to Bidders (ITB). That this erroneous view about the vital matter has. vitiated the whole decision and has resulted in gross failure of justice putting the hard‑earned ADB aided people oriented development project in jeopardy, likely ......e was contested by writ‑respondent‑appellants filing three separate affidavits‑in-opposition denying the 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 an......is also Reported in:......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)
....y. The learned Advocates further submit that such curtailment cannot be done at the whims of the respondents without even giving them any hearing and therefore it is against the principles of natural justice. In support of their arguments the learned Advocates rely on the decision in the case of Ruh......ward, in category B not more than two wards and in category C not more than three wards and in other cases not more than one union. 13. The aforesaid Rules therefore, clearly lay down a criteria according to which a Nikah Registrar may be given jurisdiction of area to perform his functions. In ...... 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 the Rule ...... 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
....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:
......tted with an intimation that an enquiry committee was formed and she was directed to show cause in respect of the charges and to explain her conduct within 15 (fifteen) days. The plaintiff respondent accordingly, submitted her explanation on 18‑3‑1992 to the enquiry committee. By another letter ......reversed the finding of the trial court and the High Court Division in their revisional jurisdiction having committed, no illegality in summarily rejecting the revisional application there is nothing to interfere. ………………………(11)
Cases Referred to-
Mustafa Aziz vs. Principal......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)
....picable felony who is no other than their son-in-law. But truth could not be flung to the wind in spite of the labour undertaken to shield the rapist as well as the killer and truth came to light and justice stood salvaged on a verdict of Court which was gallows for the author of the crime. 2. ...... 1/3" x 1/4" (IV) One lacerated injury on the middle of the left labia major about 1/4" X 1/4"' (V) One scratch mark in the upper part of the left breast. (Crescentive shape). Death, according to him, was due to shock and hemorrhage as a result of above mentioned injuries which were...... ...................................Respondent Judgment December 7, 2003. Result: Death Reference is accepted, Jail Appeal and Criminal Appeal stand dismissed. Cases referred to- Barter Vs. Barter, (1950) 2 All England Reports 458 at page 459; Davis Vs. Davis; Gower Vs.......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. ......ndoned Building in respect of the said property in Case No. 10 of 2000 to be declared to have been made without lawful authority and of no legal effect. 3. The High Court Division accordingly, issued Rule to the above effect and also directing as to why the writ‑respondent......f the writ petitioner was dismissed on 27‑3‑2001 but the ad interim order of injunction passed during the pendency of the appeal was a valid order and, as such, required to be complied with and writ-respondent not having complied with the same, the writ petitioner......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)
.... 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 Court sitting over the order......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. ...... November 4, 2003. The Employment of Labour (Standing Order) Act, 1965 (VIII of 1965), 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 ...... 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
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
....o. 155 of 2000) was looking after the property as the constituted attorney of the said respondent Nos. 7 and 8. In the aforesaid background the respondent Nos. 1‑4 upon servicing a notice demanding justice filed the writ petition seeking declaration that the order dated May, 29, 1994 canceling the......e recourse to either revise or some other suitable procedure to reconsider or review or to see correctness of its judgement earlier made on furnishing of fresh materials by a party to the case which, according to it, if were before the court the judgement would have been otherwise as article 102 (2)......he matter of cancellation of allotment in the circumstances of the case cannot be considered malafide or lacking in fairness and transparency and as such cancellation of allotment and fresh allotment to others cannot be said to be not legally valid or without lawful authority………………(27) ......of the case cannot be considered malafide or lacking in fairness and transparency and as such cancellation of allotment and fresh allotment to others cannot be said to be not legally valid or without lawful authority………………(27) The Code of Civil Procedure (v of 1908), Order XLVII rul..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and ors., 2005, 34 CLC (AD)
....ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. ......later than 4 weeks of the receipt of the order with further direction upon the Sonali Bank to pay off defendant No. 6 Hanvit Bank under the concerned Letter of Credit without any further delay and accordingly, allowed the appeal setting aside the order of ad-interim injunction. ......Senior Advocate, instructed by Md. Nawab Ali, Advocate‑on‑Record‑ For Respondent No. 1. Not Represented‑ Respondent Nos. 2‑6. Civil Petition for Leave to Appeal No. 1205 of 2003. (From the judgment and order dated 27th July, 2003 passed by th......or the petitioners, submitted that the High Court Division having directed the trial Court to dispose of the application for temporary injunction within 4 weeks of the receipt of the order erred in law in vacating the ad interim order of injunction and directed Sonali Bank to pay off defendant N..Category: Business or Commercial Law | Date: 2 Nov, 2003 | Hits: 783
Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)
.... Judge practically usurped the jurisdiction of the learned Chief Metropolitan Magistrate at the very initial stage of the proceedings by his impugned judgment and order and thus caused miscarriage of justice. The impugned judgment and order passed by him was, therefore, liable to be quashed, he subm......at injunction was granted in favour of 1st party opposite party No.1 and 2nd party petitioner’s father Altaf Hossain jointly in respect of 0.1975 acre of land in the said TS No.124 of 1992. So, according to him, the disputed land being an undivided property between the parties and that there b...............Petitioner Vs. Shah Md. Mansur .................................Opposite Parties Judgment November 1, 2003. Result: The Rule is discharged. Cases Referred to- Shah Mohammad Vs. Haque Newaz & State, 23 DLR (SC) 14; Md. Shahjahan Sheikh and others ......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. ......; 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. ......bsp; Government of Bangladesh, represented by the Additional Deputy Commissioner...... Appellant Vs. AKM Abdul Hye and ors.............Respondents Judgment October 29, 2003. The Limitation Act, 1908 (IX of 1908) Article 120 The person whose ......tified, that there having no consideration of the plaintiffs' case and the finding made by the trial Court against the plaintiffs, the decree passed in their favour is not legal and sustainable in law. 7. The law is now settled that against the wrong record of rights the person whos..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. ......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. ......midul Hoque J Md. Tofazzul Islam J Hossain @ Foran Miah and others........Appellants Vs. State..............Respondents Judgement October 28, 2003. Moral conviction deprecated Findings o...... which was recorded under section 164 of the Code of Criminal Procedure and the medical report of doctor who examined the victim after the occurrence. He has argued that both the courts erred in law in finding the appellants guilty relying on inadmissible evidence, that is the statement of..Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107
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