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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: ...... Judgment                Md. Ruhul Amin J.- Delay of 2 days is condoned. Plaintiff seeks leave to appeal against the judgment and order dated March 24, 2002 of a Single Bench of the High Court Division in Civil Revisi..

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.         ...... was made by the learned Additional Sessions Judge, 3rd Court, in charge of the Second Court, Kishoregonj for confirmation of death sentence awarded to the condemned prisoner Nazrul Islam @ Nazrul by judgment and order dated 19th February, 2001 in Sessions Case No.84 of 1998. Condemned Prisoner, pur..

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. ...... 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. ..

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. ...... 28 June 1995 passed by the High Court Division in Criminal Appeal No. 2013 of 1992). Judgment Md. Tafazzul Islam J: This appeal by way of leave at the instance of the State is against the judgment and order dated 28‑6‑1995 passed by the High Court Division in Criminal Appeal No. 2013..

Category: Anti-Corruption Laws | Date: 19 Jan, 2004 | Hits: 96

State Vs. Bahar Miah, 2004, 33 CLC (HCD)

....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. ...... Judge) of Nari‑o‑Shishu Nirjatan Daman Bishesh Adalat, (sic) (Nari‑o‑Shishu Nirjatan Daman Tribunal) Comilla for confirmation of death sentence awarded to the condemned prisoner Bahar Mia by judgment and order dated 31‑1‑2002, in Nari‑o‑Shishu Nirjatan Case No. 73 of 2001. The conde..

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)

....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. ......nbsp;                   Md. Ruhul Amin J: The plaintiff-petitioner has filed this petition seeking review of the judgment dated August 18, 2003 passed in Civil Appeal No. 50 of 2000. The appeal was filed by the de..

Category: Property Law | Date: 18 Jan, 2004 | Hits: 86

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: ......ith Criminal Appeal No. 1106 of 1998 and Jail Appeal No. 2084 of 1998). Judgment Md. Ruhul Amin J.- Delay of 4 days is condoned. This petition for leave to appeal has been filed against the judgment and order dated May 7, 2002 of a Division Bench of the Court Division passed in Death Refer..

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

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

..... 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. ......, 2004. The Code of Civil Procedure, 1908 (V of 1908), Order XLI, Rule 31   The appellate Court being the final Court of fact while reversing the judgment of the trial Court must discuss and consider the  material evidence on record&hellip..

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.   ......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.   ..

Category: Criminal Law | Date: 17 Jan, 2004 | Hits: 3

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

....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: ......rch 1, 2003 passed by the High Court Division in Writ Petition No. 2807 of 2002) Judgment Md. Ruhul Amin J.- This petition for leave to appeal by the writ petitioner is directed against the judgment and order dated March 1, 2003 of a Division Bench of the High Court Division in Writ Petiti..

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. ......ord‑ For the Petitioners. Ataur Rahman Khan, Advocate-on‑Record‑ For the Respondent.  Civil Petition for Leave to Appeal No. 1329 of 1999. (From the judgment and order dated 11th August, 1999 passed by the High Court Division in Writ Petition ..

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: ......ecord‑For the Appellant. Rafiqul‑ul‑Huq, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record‑For the Respondent. Criminal Appeal No. 11 of 2000. (From the judgment and order dated 23rd June 1999 passed by the High Court Division in Criminal Revision No. 1..

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)

....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. ......en in 48 DLR 376, therefore, do not support the view that in the event of rejection of an opposition on merit, only remedy lies by way of an appeal under section 76 of the Act. The observation from a judgment cannot be read in isolation and divorced from the context in which they were made and it is..

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:......epresented ‑ Respondent Nos.2‑5. Civil Petition for leave to Appeal No.1521 of 2003. Judgment Md. Fazlul Karim J. - The plaintiff-petitioners seek leave to appeal against the impugned judgment and order of the High Court Division passed in FMA No. 302 of 2003 dismissing the appeal ag..

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)

....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. ......1898), Section 417(3)  'Special limitation' as provided in sub‑section (3) of section 417 of Cr. P. C.  has no manner of application in respect of an appeal arising from the judgment of acquittal passed in a case initiated not upon a petition of complaint but registered in..

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)

.... 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:......ment and order dated 25th May 2003 passed by the High Court Division in Writ Petition No. 1900 of 2003). Judgment Md. Fazlul Karim J.- These appeals by leave are directed against the impugned judgment and order dated 25th May 2003 passed by the High Court Division in Writ Petition No. 1900 o..

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.                         ......h 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 Petitions the petitioners have impugned the second proviso to se..

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. ......ord­-For Respondent No. 1.  Criminal Petition for Leave to Appeal No. 97 of 2003 with Criminal Miscellaneous Petition No. 13 of 2003 and Jail Petition No. 7 of 2003. (From the judgment and order dated 28‑1‑2003 pawed by the High Court Division in Death Reference No. 13 an..

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)

....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: ......€‘Record‑For the Appellants. Abdur Rab Chowdhury, Senior Advocate, instructed by ASM Khalequzzaman, Advocate‑on‑ Record‑For Respondent No. 1. Civil Appeal No. 137 of 2001 (From the judgment and order dated 12‑4‑2000 passed by a Single Bench of the High Court Division in Civil ..

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. ...... beyond all possible or imaginary doubt, but such proof as precludes every reasonable hypothesis except that which it tends to support. It is proof "to a moral certainty," such proof as satisfies the judgment and consciences of the jury, as reasonable men, and applying their reason to the evidence b..

Category: Women and Children | Date: 7 Dec, 2003 | Hits: 178