Search Options
Judgment Advanced Search
Displaying 1141-1160 of 8162 results.
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
....d 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. ......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 ...... 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)
.... occasions found the respondent Tashildar to be absent from his Tahsil Office. On verification of the case book and pass book of the Tahasil Office it was also detected that the respondent Tahsildar had deposited in total Taka 32,483/58 upto 8‑3‑90 whereas he had collected Taka 53,621.39 since 1......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. ......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). ......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)
....ed. Cases Referred to- Sris Chandra Nandy Vs. Rakhalananda Thakur, AIR 1941 PC 16; State Vs. Eunus Kha, 5 BLC 353; State Vs. Mannan Gazi, 6 BLC 187; Ashnan Begum Vs. State, 51 DLR (AD) 18; Haripada Biswas Vs. State and another, 34 DLR (AD) 142; Bangladesh Vs. Yeakub Ali Sardar and others, 40 D......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......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)
....e of the defendant Nos. 1-5 that the layout plan of the area was modified and the land leased out to the defendant No. 6 has been classified as institutional plot, that the allotment of the land was made to the defendant No. 6, since he applied for allotment of the same to establish a hospital; that......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. ......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......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)
....along with Criminal Appeal No. 1106 of 1998 and Jail Appeal No. 2084 of 1998). The High Court Division by the aforesaid Judgment accepted the reference upon dismissing the appeals. The reference was made by the 1st Court of Additional Sessions Judge, Mymensingh upon convicting the condemned prisoner......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......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)
....(6) The High Court Division rightly decided the case holding that the summary finding of the appellate Court that the disputed transfer is an exchange not a sale has not been made with reference to any evidence and, as such, the finding of the appellate Court is not a correc....... 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)........ 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
Hafizur Rahman & another Vs. State and others, 204, 33 CLC (HCD)
..........................................Opposite Parties Judgment January 17, 2004. 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 Invo......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......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
....
Md. Ruhul Amin J
Syed JR Mudassir Husain J
MM Ruhul Amin J
Palli Daridra Bimochon Foundation ........Petitioner
Vs.
Palli Daridra Bimochon Foundation Karmachari Union, Bangladesh (Proposed) and others ........Respondents
Judgment
January 17, 2004.
Result:
......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:
......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......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)
....ry of Health and Family Welfare & 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 pe......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. ......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......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)
....und on consideration of the materials 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......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......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)
....sa)………………………………………………….Petitioner Vs. The Registrar of Trade Marks and another………………………&hellip......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. ......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......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)
....Group LP and others………Petitioners Vs. Md. Mohiuddin Ahmed and others……… Respondents Judgment December 14, 2003. Result: The petition is dismissed. The Trade Marks Act, 1940 (V of 1940), Section 20 (2) Had the petitioner’s product been registered ...... Division passed in FMA No. 302 of 2003 dismissing the appeal against the order dated 29‑5‑2003 passed by the Joint District Judge, fifth Court, Dhaka in Title suit No. 48 of 2003 vacating the ad interim order of injunction on an off- date without hearing the plaintiff petitioners. 2. The plai......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: ......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)
....l) 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 Judgment ......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. ......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......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)
....itioners Vs. BJ Geo Textile Ltd. and another……………….Respondents Judgment December 10, 2003. Result: The appeals are allowed. The Constitution of Bangladesh, 1972, Article 102 Whether Writ petition challenging award of contract is maintainable? ...... 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:......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...... 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)
.... (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Tariq‑ul Hakim J Syed Md. Anwarul Haque and others..............................Petitioner Vs. Bangladesh and others.................................................Respondents Judgment Dece...... This Case is also Reported in: 57 DLR (2005) 248. ......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...... 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)
.... 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. ......pondent 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 and Criminal Ja......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
....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:
......r 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 Order No. 196......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)
....t'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. ...... been no eye‑witness to the incident and prosecution case rested on circumstantial evidence. It has already been stated that PW 6 the father, PW 7 the mother and some other prosecution witnesses in order to liberate the condemned prisoner from charges mounted against him betrayed the cause of just......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)
....reme Court Appellate Division (Civil) 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 ..................003. 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 27‑3‑2001 but the ad interim order of injunction passed during the pendency of the appeal was a valid order and, ...... 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 27‑3‑2001 but the ad interim order of injunction passed during the pendency of the appeal was a valid order and, as such,...... 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)
.... 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. ......y Amir Hossain Chowdhury, Advocate -on –Record- For the Respondent. Civil Appeal No. 584 of 2001. Judgment Md. Hamidul Haque J.- This appeal has been preferred against the judgment and order passed by the Administrative Appellate Tribunal in Appeal No. 43 of 1998 after obtaining leave......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
85901465680281160828954938195871058156538880701546633126296