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Shakawat Hassan Vs. State, 2004, 33 CLC (HCD)
.... This Case is also Reported in: 57 DLR (2005) 244. ...... April 4, 2004. Result: The Application is disposed of. Case Referred to- Abdul Wadud Vs. State, 48 DLR 599. Lawyers Involved: SM Rezaul Karim, Advocate-For the Petitioner. &n...... This Case is also Reported in: 57 DLR (2005) 244. ..Category: Criminal Law | Date: 4 Apr, 2004 | Hits: 1
Alauddin Sikder (Md) & anr. Vs. BD and ors., 2004, 33 CLC (AD)
....p; The petitioners are directed to pay cost of Taka 5,000 (five thousand) each and pay the amount to the college fund within one month from the date of receipt of this order. Ed. ......ation Authority of Bangladesh vs. Kazi Abdur Rouf and others 46 DLR (AD) 145; Board of Intermediate and Secondary Education and others vs. Md. Faizur Rahman and others 51 DLR (AD) 59. Lawyers Involved: Prabir Halder, Advocate, (appeared with the leave of the Court) ins......p; The petitioners are directed to pay cost of Taka 5,000 (five thousand) each and pay the amount to the college fund within one month from the date of receipt of this order. Ed. ..Category: Constitutional Law | Date: 31 Mar, 2004 | Hits: 213
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ......r vs. State 30 DLR 237; Maklesur Rahman vs. State 35 DLR 72 and Md. Mosharaf Hossain and others vs. State 1990 BLD I 10 = 42 DLR 213. Md Abul Hossain vs. State, 1999 BLD (AD) 97 = 4 BLC (AD) 122. Lawyers Involved: Abdur Razzaque Khan, Additional Attorney‑ General, instructed by Md. Amir Ho...... Additional Advocate with him) instructed by AKM Shahidul Huq, Advocate‑on-Record ‑ For the Respondents (In all the appeals). Criminal Appeal Nos. 33‑37 of 1999. (From the Judgment and Order dated December 11, 1997 passed by the High Court Division in Criminal Revision Nos. 5‑8 of 1..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
Monajjel Hossain Khan Vs. State, 2006, 35 CLC (AD)
....revisional application the High Court Division has not, in any way, committed any illegality warranting interference by this Court. Accordingly, the application for leave to appeal is dismissed. Ed. ...... J Monajjel Hossain Khan alias Mintoo.......................Petitioner vs State, Represented by the DC......................Respondent Judgment March 24th, 2004. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate (Syed Ziaul Karim, Advocate, wi......revisional application the High Court Division has not, in any way, committed any illegality warranting interference by this Court. Accordingly, the application for leave to appeal is dismissed. Ed. ..Category: Criminal Law | Date: 24 Mar, 2004 | Hits: 92
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ......ber, Labour Appellate Tribunal, Dhaka and others 52 DLR (AD) 160; Zulfikar Ali Bhutto vs State PLD 1979 SC 741 and Ekushey Television Ltd vs Dr Chowdhury Mahmood Hasan 55 DLR (AD) 26. Lawyers Involved: Abdul Malek, Senior Advocate, AKM Shafiqul Alam, Advocate with him),......t Division and this Court, in its impugned judgment, has assumed the submissions and the grounds taken in this review petition, maintained the conviction and sentence. 13. Review under Order XXVI of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988 is subject to the la..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
....n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed.......the bianapatra with available authenticated signature of the defendant. Therefore The High Court Division was in error in sending the case back on remand for the same purpose to the trial court. Lawyers Involved: ASM Khalequzzaman, Advocate‑on‑Record ‑ For the Appellant. M I Farooq......, Advocate with him) instructed by MG Bhuiyan, Advocate-on‑Record ‑For Respondent No. 1. Not Represented ‑ Respondent Nos. 2‑3. Civil Appeal No. 45 of 1997. (From the Judgment and Order dated November 5, 1990 passed by the High Court Division in First Appeal No. 191 of 1992). ..Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
BRTC Vs. Md. Esken Mollick and anr., 2004, 33 CLC (AD)
....as come to a correct decision and there being no error in the said judgment, the appeal has no substance. In the result the appeal is dismissed without any order as to costs. Ed. ......or prejudicial to the interest of the worker unless such intention is clearly spell out or manifested in the statute………………….(8 & 11) Lawyers Involved: Md. Nowab Ali, Advocate‑on‑Record‑For the Appellant. ......r as to whether the High Court Division erred in law in not considering that the grievance petition filed by hand in view of the provision of section 25(1)(a) of the Employment of Labour (Standing Orders) Act, 1965, in short, the Act, cannot be considered a grievance petition as such grievance p..Category: Labour and Industrial Law | Date: 16 Mar, 2004 | Hits: 99
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
....passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ...... The matters in Article 9 of the constitution are the policy matters of the Republic for the attainment thereof endeavour shall have to be made by the state to fulfill the same. Lawyers Involved: TH Khan, Senior Advocate instructed by AKM Shahidul Huq, Advocate-on-Record......d Ali, Additional Attorney General instructed by Sufia Khatun, Advocate-on-Record –For the respondents. Civil Petition for Leave to Appeal No. 1659 of 2003 (From the Judgment and Order dated October 29, 2003 passed by the High Court Division in Writ Petition No. 5958 of 2003).&..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
....
In the result, the Rule is made absolute with the above observations and directions.
There is no order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 741.
......rporation of the City of Nagpur Vs. Its employees, AIR 1960 (SC) 675; Bangalore Water Supply and Sewerage Board Vs. Rajappa, AIR 1978 (SC) 548; AIR 1963 SC 1873; AIR 1953 SC 58; AIR 1961 SC 484.
Lawyers involved:
Maqbul Ahmed, Advocate- For the Petitioners.
Nesar Ahmed with BA Rashid,......inuing the order of suspension upon him to his greatest prejudice, much beyond the period of 60 (sixty) days, illegally violating the provisions of section 18(2) of the Employment of Labour (Standing Orders) Act, 1965, as such, the first party prayed for withdrawing the order of suspension and to al..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Jahangir Alam (Md) alias Zakir Vs. State, 2004, 33 CLC (AD)
.... to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ......the ends of justice conviction under section 4 of the Anti-Terrorism Act is upheld but the sentence of rigorous imprisonment for life is modified to 10 years rigorous imprisonment with fine. Lawyers Involved: Md. Khurshid Alam Khan, Advocate, (appeared with the leave of the Court), instr...... to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ..Category: Criminal Law | Date: 9 Mar, 2004 | Hits: 93
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. ......td. Vs. Nitai Chand Saha and others, 3 BCR (AD) 221; Nurul Islam and others Vs. Jamila Khatun and others, 53 DLR (AD) 45; Mohammad Abdul Mannan Vs. Swaraj Roy and others, 8 MLR 302 = 54 DLR 352. Lawyers Involved: Mahbubey Alam with Samarandra Nath Biswas, Advocates‑ For the Petitioner. ......o execute and register necessary sale deed the plaintiff was constrained to institute the suit on 20‑11‑2002. 3. On 18‑1‑2003 opposite party No.4 as third party made an application under Order I, rule 10 of the Code for his addition in the suit. In the application, it is stated that the..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. ......M Ramanathan Chettiar Vs. OR MP RM Ramanathan Chettiar, 1968 SC 1047 at 1049; Sahadeo Sukul and others Vs. Seikh Shawkat Hossain, 12 CWN 145 at 146; Re Welsh Brick Industries Ltd., 1946 2 All England Law Reports, page 197; Ram Lal Vs. Central Bank of India, AIR 1961 Punj. 340 at 344, 349; Varjivanda......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. ..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. ...... Judgment March 1, 2004. Result: The death reference is rejected & Jail appeal is allowed. Cases referred to- State Vs. Bahar Miah, Death Reference No. 3 of 2002. Lawyers Involved: Nikhilesh Dutta, Deputy Attorney General with Mohammed Baset, Assistant Attor......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. ..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. ......imposing any punishment upon a delinquent staff has a duty to see that he has been dealt with in accordance with law and following the principles of natural justice….(7) Lawyers Involved: Mvi. Md. Wahidullah, Advocate‑on‑Record‑For the Pet......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. ..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. ......same footing, can not claim the same right which a tenant inducted by the owner could claim……………………(16) Case Referred to- Md. Ayub vs. Bangladesh and others, 39 DLR (AD) 111. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate (SM Munir, Advocate with him) inst.......................Appellants Vs. Humayun Majid and ors................Respondents Judgement February 18, 2004. The Bangladesh Abandoned Property (Control, Management & Disposal) Order, 1972, Article 10 The predecessor of the appellant having been inducted in the premises in..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. ...... A Alim Vs. State, 45 DLR 43; State of Maharashtra Vs. Krishnamurti Laxmipati Naidu, AIR 1981 SC 617=1981 CriLJ 9; Surajdeo Oza and others Vs. State of Bihar, AIR 1979 SC 1505 = 1979 CriLJ 1122. Lawyers Involved: Md. Abdur Rouf, Deputy Attorney-General with Md. Ibrahim Khalil, Assistant At......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. ..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. ......ner itself without examining the commissioner is not an evidence but if the commissioner deposes on oath before the court in respect of the commission report then the same is evidence. Lawyers Involved: Md. Nawab Ali, Advocate‑on‑Record‑For the Petitioner. ...... The Code of Civil Procedure, 1908 (V of 1908), Section 107(B) Remand cannot be allowed as a matter of course to fill up the lacuna of the case of any party…..(6) Order XXVI, rule 12. Report of the Advocate Commissioner itself without examining t..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: ......991 (III of 1991), Section 10 The contention of bonafide requirement of the premises for use of the owner should have to be substantiated by disinterested and reliable witness. Lawyers involved: Khondker Mahbubuddin Ahmed, Senior Advocate, instructed by Md S R Khoshna......ecord For the Petitioner. Amir Hossain Chowdhury, Advocate‑on‑Record- For the Respondent. Civil Petition for Leave to Appeal No. 981 of 2002. (From the Judgment and Order dated March 24, 2002 passed by the High Court Division in Civil Revision No. 3779 of 1995). ..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. ......hers Vs. State, 38 DLR (AD) 75; Dahyabhai Chhaganbhai Thakur Vs. State of Gujarat, AIR 1964 SC 1563; Bhikari Vs. State of Uttar Pradesh, AIR 1966 SC 1; Fayasena Vs. Reginam, (1970) 1 All ER 219. Lawyers Involved: Nikhilesh Dutta, Deputy Attorney-General, with Mohammed Abdul Baset, Assistan...... 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. ..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. ...... fact rests upon the party who substantially asserts the affirmative of the issue and not upon the party who denies it; for a negative is usually incapable of proof. This Rule is derived from Roman Law and, is supportable not only on the ground of fairness but, also, upon that of the greater prac......ing seven years and the provision of section 95 of The Act shall apply to such transfer whether made before or after the date of commencement to State Acquisition and Tenancy Act (Second Amendment) Order, 1972. 12. Section 95A mandates that any transfer of a holding or of portion or share t..Category: Property Law | Date: 20 Jan, 2004 | Hits: 6
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