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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. ......both applications against the respondent company is that the arrear salaries, allowances and other dues of the petitioners could not be paid by it on termination of service/retirement of service. The case of the petitioners is that they served the respondent company in different capacities and in du......PSL RM 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; Varji..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. ......eath by a judgment and order dated 27th day of September, 2001. The condemned prisoner subsequently prefer an appeal from jail. These matters are disposed of by this judgment. 2. The prosecution case has been narrated by Mohd. Ayub Ali Mollah which is as follows: The occurrence took place ......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. ......‑5‑97 who rejected the appeal on 23‑12‑97 most illegally upholding the order of punishment of compulsory retirement from service. 3. The petitioners contested the case filing written statement denying material allegations stating, inter alia, that the respondent ......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. ......es that premises owned by Government are not subject to section 18 of Premises Rent Control Ordinance, 1963, similar is the position in Rent Control Act, 1991. Moreover, the Appellate Division in the case of Md Ayub vs Bangladesh and others, 39 DLR (AD) 111, has distinguished the right of a tenant i......al Area, Dhaka occupied by the appellants and respondents Nos. 3‑17 stating, inter alia, that former Government of East Pakistan by a registered deed of lease dated 6‑10‑65 granted lease of the land situated at Holding No. 21, Motijheel Commercial Area, Dhaka to Enam Elahi and Brothers, a fami..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. ......ar, AIR 1979 SC 1505 = 1979 CriLJ 1122. Lawyers Involved: Md. Abdur Rouf, Deputy Attorney-General with Md. Ibrahim Khalil, Assistant Attorney-General‑ For the State-Respondent (In all the cases). Shaukat Ali Khan with Fazlul Huq Khan Farid with Rehan Hossain with MM Haq Siddique and......econd Court, Jessore in Sessions Case No.182 of 1999. 7. Prosecution to bring home culpability of Anjuara Khatun put on witness box fourteen (14) witnesses. 8. Defence adopted was that over land dispute some other, persons killed Tipu Sultan. Innocence and false implication had been, also,..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. ......1, 2004. 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 Advocat......er as plaintiff instituted Title suit No. 3 of 1985 in the Court of Subordinate Judge (now Joint District Judge), Kushtia against the opposite party Nos. 1-3 for declaration of title to the suit land stating, inter alia, that the suit land appertaining to CS Khatian No. 174 belonged to Bholai S..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: ......t was contested by the defendant-respondent denying the material avertments made in the plaint. 4. The trial Court dismissed the suit on the finding that plaintiff failed to make out a case of bonafide requirement of the premises in suit for his own use and occupation. Thereupon, the ......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: ..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. ......d order dated 19th February, 2001 in Sessions Case No.84 of 1998. Condemned Prisoner, pursuant there of preferred the above appeal. These matters are disposed of by this judgment. 2. Prosecution case, in short, as narrated by Sakhina Khatun (P.W.1) is as follows: 3. Deceased Shalema is her...... 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. ......l No.8 of 1999 overruling rendered by learned trail judge in Miscellaneous Case No.4 of 1989 laid under section 96 of State Acquisition and Tenancy Act (For short the Act) dismissing Miscellaneous case is under protest in this Civil Revision Petition under section 115 of the Code of Civil Proced......he rule is discharged. Right of Pre-emption Right of Pre-emption is a statutory right conferred upon a co-sharer either by way of a. inheritance or b. purchase or contiguity of the land transferred, and that right can be defeated only under the provisions of law embodied in secti..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. ......sections and to pay a fine of Taka 1000/on both counts, in default to suffer rigorous imprisonment for a period of one month and both the sentences were to be run concurrently. 2. The prosecution case, in brief, is that informant, Abdur Rouf, Assistant Commissioner (Land) Mirzapur, Tangail on su......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. ......al, shortly, the Tribunal, Comilla to face charge under section 11(ক) of Nari‑o‑Shishu Nirjatan Daman Ain, 2000. Condemned prisoner pleaded not guilty and claimed to be tried. 3. Prosecution case, in short, as narrated by Tarab Ali (PW 1) is as follows: Shamima Akhter, since deceased, is......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. ...... No. 6 and from registering the lease deed in favour of the said respondent and also to restrain the defendant Nos. 1-5 from delivering possession to the said defendant. It was further prayed that in case the lease deed is executed and registered in favour of the defendant No. 6 in that case the sai......o. 92 of 1993 was transferred from the 1st Court of Assistant Judge, Dhaka) decreeing the same in part in the following manner: "It is declared that the deed of lease in respect of the suit land and in favour of the defendant No. 6, Capital Tower (Pvt) Ltd registered on 6-4-1993 is null an..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: ...... guilty under sections 326 and 307 of the Penal Code but did not pass any separate sentence. The learned Additional Sessions Judge by the same judgment acquitted the other accused. 2. Prosecution case, in short, was that on September 16, 1995 in the morning the condemned prisoner with his tracto......same judgment acquitted the other accused. 2. Prosecution case, in short, was that on September 16, 1995 in the morning the condemned prisoner with his tractor tried to cross PW 1’s (informant) land which was made ready for transplanting of paddy saplings and transplanting of paddy saplings wa..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. ......hile reversing the judgment of the trial Court must discuss and consider the material evidence on record……..(6) The High Court Division rightly decided the case holding that the summary finding of the appellate Court that the disputed transfer is an excha......stituted Miscellaneous Case No. 39 of 1993 under section 96 of the State Acquisition and Tenancy Act in the Court of the Assistant Judge, Natore. The pre- emptor's case was that he being a contiguous land owner, has the right of pre-emption against the pre-emptee, who is a stranger thereto and the p..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. ......h to a dead female child. Due to negligence on the part of the accused petitioners they committed an offence under section 315/316 of the Penal Code. Pursuant to such and first information report the case was investigated upon by the police who after investigation submitted final report which was ac......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:
......
11. In section 2(XIV) definition of 'industry' has been given and the same runs as: "Industry means any business, trade, manufacture, service, employment or occupation".
12. It was the definite case of the respondent No.1 herein that the petitioner herein charges interest @16% to 18% from its ......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)
....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. ......ho 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 Division rightly decided the case in favour of the writ petitioner. Lawyers Involved: Fida M......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)
....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: ......ppeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), Section 265C Section 265C of the Code of Criminal Procedure enjoins a duty upon the Court, to consider the record of the case and the documents submitted therewith and upon hearing the submissions of the accused and the p......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. ......d that the petition is not maintainable as he has not come with clean hands and suppressed the material fact that against the application of the opposite party No.2 the petitioner filed an opposition case and that was rejected on merit. Besides, the material allegations made in the petition is also ......i 421; PLD 1999 Karachi 281; re Arbeny' Application, (1887) 4 R.P.C. 143; Kenrick and Jefferson LTD., 128 R.P.C. 45; Noblit-Sparks Industries application (1950) 68 RFC 168; Ciba Ltd. Basle Switzerland Vs. M. Ramalingam and S. Subramaniam Trading; South Indian Manufacturing Co., Madura and anothe..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:......e alleged that the petitioner's product was not a registered one, for which they could not maintain an application for temporary injunction against the defendants and considering that aspect of the case vacated the order of injunction. Had the petitioner's product been registered possibly a compla......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
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