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State Vs. Moslemuddin (Md), 2004, 33 CLC (AD)

.... Moslemuddin (Md) ............ Respondent Judgment January 19th, 2004 Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General, instructed by AM., Md Wahidullah Advocate‑on Record‑For the Appellant. Not represented‑The Respondent. Criminal Appeal ......rt 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. ......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)

.... Lal Vs. Tara Chand ILR (1906) 33 Cal 68(FB). Lawyers Involved: Md. Baset, Assistant Attorney General and Fara Mahmuda, Assistant Attorney General ‑ For the State – Petitioner. Oziullah, Advocate ‑ For the Condemned Prisoner. Death Reference No. 3 of 2002 with Criminal Appe......o Reported in: 56 DLR (2004) 454. ......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. ......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. ..

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)

....itioner vs Capital Tower (Pvt) Ltd & Ors...Respondents Judgment January 18th, 2004 Lawyers Involved: Dr Kamal Hossain, Senior Advocate, instructed by Md Nawab Ali, Advocate-on-Record—For the Petitioner. Khondker M......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. ......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. ......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)

....02 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, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-record- For the Petitioner. Abdur Rezzaque Kha...... Supreme Court Appellate Division (Criminal) Present: Md. Ruhul Amin J SJR Mudassir Husain J MM Ruhul Amin J Abdul Bashir alias Bashu .............Petitioner Vs. State..................... Respondent Judgment January 18, 2004. Result: The pe......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: ..

Category: Criminal Law | Date: 18 Jan, 2004 | Hits: 98

Abdus Sobhan Mandal (Md) Vs. Md. Jonab Ali Fakir & others, 2005, 34 CLC (AD)

....idence and, as such, the finding of the appellate Court is not a correct finding in the eye of law. ……..(6) Lawyers Involved: Shahidul Islam, Advocate, instructed by Md Nawab Ali, Advocate‑on‑ Record ‑ For the Petitioner. ...... Appellate Division (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J Ruhul Amin J Abdus Sobhan Mandal (Md)......Petitioner Vs. Md. Jonab Ali Fakir & others ………Respondents Judgmen....... 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. ..

Category: Civil Law | Date: 18 Jan, 2004 | Hits: 264

Palli Daridra Bimochon Foundation (PDBF) Vs. PDBF Karmachari Union, Bangladesh & Others, 2004, 33 CLC (AD)

....ikalpana Samity Karmachari Union and others, 52 DLR 151, Kumudini Hospital vs. Kumudini Hospital Karmachari Union and others, 43 DLR 655. Lawyers Involved: Khandakar Mahbubuddin Ahmed, Senior Advocate, instructed by Md. SR Khoshnabish, Advocate‑on‑ Record‑ For the Petitioner. Abdur...... ......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: ..

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)

....gh Court Division rightly decided the case in favour of the writ petitioner. Lawyers Involved: Fida M Kamal, Additional Attorney General, instructed by B Hossain, Advocate‑on‑Record‑ For the Petitioners. Ataur Rahman Khan, Advocate-on&#......bsp; 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 Judgment January 10, 2004. ......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. ..

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)

....ta AIR 1971 SC 2162; Begum Motia Akhtar Khanam vs. Shawrat Ara and others, 42 DLR (AD) 26, State vs. Khondker Mohammed Moniruzzaman, 1997 BLD (AD) 54. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Sufia Khatun, Advocate‑on‑Record‑For the Appellant. Rafiqul‑ul�......Appellate Division (Criminal) Present: KM Hasan CJ Md. Fazlul Karim J Md. Tofazzal Islam J Securities and Exchange Commission, represented by its Chairman …… Appellant Vs. Runa N Alam............Respondent Judgment January 5, 2004. Result: The appea......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: ..

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)

....RFC 168; Ciba Ltd. Basle Switzerland Vs. M. Ramalingam and S. Subramaniam Trading; South Indian Manufacturing Co., Madura and another (AIR 1958 Bombay 56). Lawyers Involved: Mahmudul Islam, Advocate-For Petitioner. Gazi Md. Neamat Hossain, Advocate-For Opposite Party No.2. Trade ...... Md. Rahimuddin Mia (Bharasa)………………………………………………….Petitioner Vs. The Registrar of Trade Marks and another………………&he......class 34 dated 5.5.94 together with its existing features 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. ......class 34 dated 5.5.94 together with its existing features 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. ..

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)

....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 Advocate, instructed by Md. Nawab Ali, Advocate‑on‑Record - For the Petitioners. MA Samad, ......llate Division (Civil) Present: KM Hasan CJ Md. Fazlul Karim J Hamidul Haque J Md. Tofazzul Islam J A & E Products Group LP and others………Petitioners Vs. Md. Mohiuddin Ahmed and others……… Respondents Judgment December 14, 2003. ......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:..

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)

....ernment against the order of acquittal, the application for condonation of delay was filed upon misconception……(9 & 10) Lawyers Involved: KZ Alam, Senior Advocate, instructed by Md Ahsanullah Patwary, Advocate‑on‑Record‑For the Appellan...... (Criminal) Present: Md. Ruhul Amin J Syed JR Mudassir Hussain J MM Ruhul Amin J Dr. MA Mazed & others............................Appellants Vs. Bangladesh, Represented by the Solicitor ..........................Respondents ......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. ......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. ..

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)

....ladesh Power Development Board Vs. Md. Asaduzzaman, 8 MLR (AD) 241, Managing Director, Dhaka WASA Vs. Superior Builders and Engineers Ltd. 51 DLR (AD) 56. Lawyers involved: TH Khan, Senior Advocate, QC Ajmalul Hossain, Senior Advocate with him, instructed by, Md. Aftab Hossain, Advocate�...... Appellate Division (Civil) Present: Md. Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J Director General, BWDB and others…………..Petitioners Vs. BJ Geo Textile Ltd. and another……………….Respondents Judgment Decembe...... 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:...... 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:..

Category: Others | Date: 10 Dec, 2003 | Hits: 261

Syed Md. Anwarul Haque and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)

..... Secretary, Ministry of Law, Justice and Parliamentary Affairs, 50 DLR (AD) 82; Raisuddin Vs. Bangladesh and others, 51 DLR (AD) 152. Lawyers Involved: Mahbubur Rahman with Ashik Al Jalil, Advocates-For the Petitioner (In Writ Petition Nos.5448 of 2002 and 3951 of 2002). Shah Md. Mun......t Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Tariq‑ul Hakim J Syed Md. Anwarul Haque and others..............................Petitioner Vs. Bangladesh and others.................................................Respondents Judg...... This Case is also Reported in: 57 DLR (2005) 248. ...... 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)

....0 DLR (AD) 83; Fateh Khan and others vs State 15 DLR (SC) 51; State of Andhra Pradesh vs Rayavarapu Punnayya and another AIR 1977 (SC) 45. Lawyers Involved: Abdul Malek Senior Advocate instructed by Sufia Khatun, Advocate‑on‑Record‑For the Petitioner. Abdur Raz......ision (Criminal) Present: Md. Ruhul Amin J SJR Mudassir Husain J MM Ruhul Amin J Ershad Ali Sikder (Md) ...........Petitioner Vs. State ……. Respondent Judgment December 9, 2003. ......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. ......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. ..

Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122

Kadamtala Purba Basaboo Uchcha Bidalaya & ors. V. Hasna H. Sarker @ Hasna Heba Sarker & others, 2003, 32 CLC (AD)

....et College, Mirzapur 29 DLR 104, Rajshahi Girls' High School and others vs. Md. Abdul Mannan 48 DLR 472 and Abdul Hannan Sikdar vs. Bangladesh Bank 31 DLR (AD) 298. Lawyers Involved: SM Munir, Advocate, instructed by Md Nowab Ali, Advocate‑on‑Record‑For the Appellants. Abdur Rab Cho......ellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Syed JR Mudassir Husain J Kadamtala Purba Basaboo Uchcha Bidalaya and others the same..............Appellants Vs. Hasna Hena Sarker @ Hasna Heba Sarker & ors.............. Respondents Judgment De......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: ......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: ..

Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209

State Vs. Md. Awal Fakir, 2003, 32 CLC (HCD)

....Gower. Lawyers Involved: Md. Helaluddin Molla, Deputy Attorney General with Md. Giasuddin (Mithu), Assistant Attorney General ‑ For the State (In all the cases). Dewan Abdun Naser, Advocate ‑ For the Appellant (In Criminal Appeal No. 1019 of 2001). Death Reference No. 17 of...... High Court Division (Criminal Appellate Jurisdiction) Present: AK Badrul Huq J Md. Abu Tariq J State ................................................. Petitioner Vs. Md. Awal Fakir ...................................Respondent Judgment December 7,......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. ......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)

.... case back on remand rightly for deciding this issue on merit. Lawyers Involved: AJ Mohammad Ali Additional Attorney‑General, instructed by Md. Ahsan Ullah Patwary, Advocate‑on-Record‑ For the Petitioners. Khandker Mahbubuddin Ahmed, Senior Advo......vil) Present: KM Hasan CJ Md. Fazlul Karim J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh and other ............Petitioners Vs. Md. Shamsul Haque and other ..................Respondents Judgment ...... 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. ...... 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)

..........Respondent. Judgment November 10, 2003. Result: The appeal is dismissed. Lawyers Involved: A. J. Mohammad Ali, Additional Attorney-General, instructed by A.K.M. Shahidul Huq, Advocate-On-Record- For the Appellants. Mahmudul Islam, Senior Advocate, instructed by Amir Hoss...... Hamidul Haque J Md. Tafazzul Islam J The Government of Bangladesh, represented by the Secretary, Ministry of Shipping, Bangladesh Secretariat, Dhaka and others…………......Appellants. Vs. Dr. Md. Tofajjel Hossain….......Respondent. Judgment November 10, 2003. Result: ......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. ......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)

.... Mills Ltd. and another 1978 BSCR 467; Lesson vs. General Council of Medical Education and Registration 43 Chancery Division 366. Lawyers Involved: MA Mannan Senior Advocate, instructed by Md. Nawab Ali, Advocate‑on‑Record‑ For the Appellants. &n...... Md. Fazlul Karim J Md. Hamidul Haque J Md. Tofazzul Islam J Superintendent (now General Manager), James Finlay PLC and another................. Appellants Vs. Chairman, 2nd Labour Court and another....... Respondents Judgment ......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. ......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)

....rnment of Bangladesh and others 51 DLR 118; Hussain Baksh vs Settlement Commissioner 21 DLR (SC) 456; Chairman, BCSIR vs Abdul Khaleque 43 DLR 209. Lawyers Involved: Mahmudul Islam, Senior Advocate (Probir Neogi, Advocate with him) instructed by Sufia Khatun, Advocateon‑Record‑For t......eme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Serajuddin Ahmed and others............ Appellants Vs. AKM Saiful Alam and others..................... Respondents Judgment November 3,...... 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. ...... 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. ..

Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899

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