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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. ......vision (Criminal) Md. Fazlul Karim J Tafazzul Islam J State ........... Appellant Vs. Moslemuddin (Md) ............ Respondent Judgment January 19th, 2004 Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General, instructed by AM., Md Wahi......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)
....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. ......kub Ali Sardar and others, 40 DLR (AD) 246; Abdul Matin and others Vs. State, 42 DLR 286; Asiman Begum Vs. State, Criminal Appeal No. 793 of 1996; Sukh Lal Vs. Tara Chand ILR (1906) 33 Cal 68(FB). Lawyers Involved: Md. Baset, Assistant Attorney General and Fara Mahmuda, Assistant Attorney Gene......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)
....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. ......rpur Mazar Co-Operative Market Society Ltd.....Petitioner 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-......cate-on-Record— For the Respondent No, 6. Mvi Md Wahidullah, Advocate-on-Record—For Respondent Nos. 1-5. Civil Review Petition No. 127 of 2003. (From the Judgment and Order dated August 18, 2003 passed by the Appellate Division in Civil Appeal No. 50 of 2000). ..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: ...... 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: Shaukat Ali Khan, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-reco......han, Additional Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Respondent state. Criminal Petition for Leave to Appeal No. 17 of 2003. (From the Judgment and Order dated May 7, 2002 passed by the High Court Division in Death Reference No. 14 of 1998. (Heard ..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. ......ale 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 Islam, Advocate, instructed by Md Nawab Ali, Advocate‑...... Md. Jonab Ali Fakir & others ………Respondents Judgment January 18, 2004. The Code of Civil Procedure, 1908 (V of 1908), Order XLI, Rule 31 The appellate Court being the final Court of fact while rev..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. ......04. Result: The Rule is discharged. Penal Code (XLV of 1860) Sections 304, 315-316 A dead child is a person within the meanings of Section 304,315-316 of the Penal Code. Lawyers Involved: Khondker Mahbub Uddin Ahmed with Sarafat Hossain and Md. Serajul Haque- For t......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
....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:
......
Bangladesh Paribar Parikalpana Samity vs. Paribar Parikalpana 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......nstructed by Zahirul Islam, Advocate-on-Record- For Respondent No. 1.
Not represented ‑ Respondent Nos. 2‑3.
Civil Petition for Leave to Appeal No. 394 of 2003.
(From the Judgment and Order dated March 1, 2003 passed by the High Court Division in Writ Petition No. 2807 of 2002)
..
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. ...... issued by the Government from time to time framing regulations of transfer of such employees. The High Court Division rightly decided the case in favour of the writ petitioner. Lawyers Involved: Fida M Kamal, Additional Attorney General, instructed by B Hossain......others....Petitioners Vs. Parvin Sultana....Respondent Judgment January 10, 2004. The Constitution of Bangladesh, 1972, Article 103 Order of transfer of a senior staff nurse who is the writ petitioner is contravention of the circu..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: ...... Cases Referred to- GL Gupta vs. DN Mehta 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‑R......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)
....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. ......parks Industries application (1950) 68 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, Advoca......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)
....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:......ioner 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 Advocate, instructed by Md. Nawab Ali, Advocate...... and circumstances the plaintiffs petitioners was compelled to file the suit for declaration, permanent injunction and damage. 3. Upon filing the suit, the petitioners filed an application under Order XXXIX, rules 1 and 2 read with section 151 of the Code of Civil Procedure praying for an order..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. ......iod 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……(9 & 10) Lawyers Involved: KZ Alam, Senior Advocate, instructed by Md Ahsanullah Patwary, Advoca......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)
.... 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:......Samity Vs. Bangladesh, 39 DLR (AD); Bangladesh 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, inst......e submissions made by Mr. TH Khan has further submitted that Water Development Board having invited tender bid in exercise of its enabling power to enter into contract under Article 17 of President's Order 59 of 1972 and compliance of any term or condition prescribed by any statute having not been i..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. ......) 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, Justice and Parliamentary Affairs and others, 1996 BLD (AD) 110; Moulavi Mohammad Khorshed Vs. ...... 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)
....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. ......p; Md. Abdul Majid Sarker vs State, 40 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‑R......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
....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:
......z vs. Principal, Momenshahi Cadet 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 th......aman, 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 Order No. 1960 of 2000).
Judgment
Syed JR Mudassir Husain J.- This appeal, by way of leave,..
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. ......ence 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. Gower. Lawyers Involved: Md. Helaluddin Molla, Deputy Attorney General with Md. Giasuddin (Mithu), Ass......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)
.... 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. ......n as to whether enlistment of property as abandoned building, had legally been done and the High Court Division send the case back on remand rightly for deciding this issue on merit. Lawyers Involved: AJ Mohammad Ali Additional Attorney‑General, instructed by Md.......rs Vs. Md. Shamsul Haque and other ..................Respondents Judgment December 7, 2003. The Code of Civil Procedure, 1908 (V of 1908) Section 151, Order XXXIX rule I Though the appeal of the writ petitioner was dismissed on 27‑3..Category: Property Law | Date: 7 Dec, 2003 | Hits: 139
Bangladesh Vs. Dr. Md. Tofajjal Hossain, 2006, 35 CLC (AD)
....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. ......ngladesh Secretariat, Dhaka and others…………......Appellants. Vs. Dr. Md. Tofajjel Hossain….......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......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)
....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. ......ses Referred: Mohd Abdun Noor vs. Platinum Jute 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, Advoca....................... Appellants Vs. Chairman, 2nd Labour Court and another....... Respondents Judgment November 4, 2003. The Employment of Labour (Standing Order) Act, 1965 (VIII of 1965), Section 25 Whether in exercise of power of certiorar..Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106
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