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Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
....assed by the High Court Division in Writ Petition No. 3223 of 1996 making the Rule absolute. 2. The respondent No. 1 filed the above writ petition seeking direction upon the respondent No. 2, the Government of Bangladesh, to hand over to him the vacant possession of the ground floor of the build......oqui, Senior Advocate, instructed by MG Bhuiyan, Advocate‑on‑Record‑For Respondent No. 1. Not represented‑ Respondent Nos. 2‑27. Civil Appeal No. 33 of 1998. (From the judgment and order dated 31st August 1997 passed by the High Court Division in Writ Petition No. 3223 of 1996). ..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. ......would be on its tip‑toe and guard and would scrutinise the statement more carefully and would separate chaff from grain. Evidence of a close relative has only to be scrutinised with greater care in order to find out whether it suffers from internal marks of falsehood due to interestedness. 40..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. ......Amin, Advocate instructed by AK Shahidul Huq, Advocate‑on‑Record‑For Respondent No. 1. Civil Petition for Leave to Appeal No. 1333 of 2002 (From the judgment and order dated 27‑11‑2001 passed by the High Court Division in Civil Revision No. 1783..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: ...... 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 Revision No. 3779 o..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. ......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, pursuant there o..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. ......sions of law embodied in section 96(10)(a) of the Act………………………..(6) Burden of proof Burden of proof is the obligation to adduce evidence to the satisfaction of Court in order to establish the existence or non existence of a fact contended by a party. The provision as ..Category: Property Law | Date: 20 Jan, 2004 | Hits: 6
State Vs. Moslemuddin (Md), 2004, 33 CLC (AD)
....l Attorney‑General appearing for the appellant, submits that the order of acquittal was passed by the learned Single Judge only on the ground that in the present case sanction was obtained from the Government but through inadvertence the copy of the order of the President's Secretariat granting sa......nal Attorney General, instructed by AM., Md Wahidullah Advocate‑on Record‑For the Appellant. Not represented‑The Respondent. Criminal Appeal Nos. 27 of 1997. (From the Judgment and order dated 28 June 1995 passed by the High Court Division in Criminal Appeal No. 2013 of 1992). ..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. ......ri‑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 condemned prisoner..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)
....tive Market Society Limited (the Market), owns three-storied Super Market building at 1, Darus Salam, Mirpur, Dhaka on the land measuring more or less three bighas leased out by the Government on April 24, 1981, that land measuring 1002 square yards situates to the east......ch of the High Court Division on the materials on record decreed the suit in the manner as stated hereinbefore. The defendant No. 6 appealed, Civil Appeal No. 50 of 2000, as against -the judgment and order of the High Court Division. This Division by the judgment as mentioned hereinbefore allowed th..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: ......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 Reference No. 14 o..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. ...... Ali, Advocate‑on‑ Record ‑ For the Petitioner. Not represented-The Respondents. Civil Petition for Leave to Appeal No. 1368 of 1999. (From the judgment and order or dated 23rd May, 1999 passed by the High Court Division in Civil Revision No. 3891 of 1997)...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. ......tigated upon by the police who after investigation submitted final report which was accepted by the learned Magistrate on 25‑2‑2001 discharging the accused petitioners from the case. Against this order of the learned Magistrate, the opposite party No.2 informant as petitioner filed a naraji peti..Category: Criminal Law | Date: 17 Jan, 2004 | Hits: 3
....a profit making organisation. It was also the contention that fund of the organisation is generated by donation from different Foreign Agencies and organisations as well as by the loan advance by the Government. It was the further contention since the petitioner is not an 'industry' as has been defi......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 Petition No. 2807 o..
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)
....sp; The 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 Divi......or 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 No. 123 of 19..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: ......terials on record and documents in the case and upon hearing the parties 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. ………………….(2..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)
....ured "Aziz Biri" products got his trade mark registration of the aforesaid trade mark "Aziz Biri" with all its descriptive nature of label and get up from the Trade Mark Registry, Government of Bangladesh, namely the opposite party No.1 and it bears Registration No.12971 in Class......ed 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 proper. 2. The petitioner is the propr..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:......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 legal right to protect the trade mark sought for by way of an order of injunction in the court of law. ......................(7) Lawyers involved: ..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)
....of complaint but registered in a police station upon lodging of an Ejahar. In view of the provisions as in Article 157 of the Limitation Act providing period of 6 months for filing an appeal by the Government against the order of acquittal, the application for condonation of delay was filed upon ......red in a police station upon lodging of an Ejahar. In view of the provisions as in Article 157 of the Limitation Act providing period of 6 months for filing an appeal by the Government against the order of acquittal, the application for condonation of delay was filed upon misconception…&h..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)
....ovide US Dollar 42.20 million to implement Jamuna‑Meghna River Erosion Mitigation Project (JMREMP); that total estimated costs involvement for the project is 61 million US dollars, out of which the Government will bear roughly one third of the total costs; the project included river protection wor......or Respondent Nos. 3 & 5. Not represented—Respondents Nos. 2 & 4. Not represented—Respondent Nos. 2-6. Civil Appeal Nos. 278 and 279 of 2003 (From the Judgment and order dated 25th May 2003 passed by the High Court Division in Writ Petition No. 1900 of 2003). J..Category: Others | Date: 10 Dec, 2003 | Hits: 261
Syed Md. Anwarul Haque and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....nfringes of the fundamental rights of the Petitioners as guaranteed therein……..(22) Cases Referred to- Dr. Nurul Islam Vs. Bangladesh, 33 DLR (AD) 201; Ruhul Mannan Helali Vs. Government of Bangladesh and others, 8 BLC 34; Kazi Md. Amirul Islam Vs. Secretary, Ministry of Law,......hich he has been issued a licence. The Nikah Registrars are, therefore, mere licenses and agents of the Government. Thus no question of violation of principles of natural justice arises in passing an order of curtailment of the area under his jurisdiction. In Writ Petition No.3654 of 1998 in the cas..Category: Family Law | Date: 9 Dec, 2003 | Hits: 4
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