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Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....nability to pay its debts is not maintainable. It is the position within out jurisdiction. It is now well settled even within our jurisdiction as it appears from various decisions of both the Company Judge and the Appellate Division that if there is a bona fide dispute about debt then that cannot be......ainable 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. ......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. ......are dismissed. Cases Referred to- Amin Scales Ltd. and another Vs. Md. Yakub, 1987 BLD (AD) 259 = 39 DLR (AD) 201; Haridas Vs. Baroda Kishore, 27 Cal 38; Fardous Chowdhury Vs. Government of Bangladesh, 3 BLC (AD) 213; Bancharam Majumdar Vs. Adyanath Bhattacharja, ILR 36 Cal, 936; Capt BS D..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. ......nding 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. ...... 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. ......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. ......te 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. ......nal when apparently the respondent has not been dealt with in accordance with law following, the principles of natural justice. The petition is dismissed. Ed. ......peal No. 57 of 2002). Judgment Md. Faziul Karim J.- The Government of Bangladesh and others seek leave to appeal against the judgment and order of the Administrative Appe..Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
....sent: SJR Mudassir Husain CJ Md. Fazlul Karim J Md. Tafazzul Islam J Jalil Brothers and ors...................Appellants Vs. Humayun Majid and ors................Respondents Judgement February 18, 2004. The Bangladesh Abandoned Property (Control, Management & Di......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. ......roper 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. ......azlul Karim J Md. Tafazzul Islam J Jalil Brothers and ors...................Appellants Vs. Humayun Majid and ors................Respondents Judgement February 18, 2004. The Bangladesh Abandoned Property (Control, Management & Disposal) Order, 1972, Article 10 The p..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
....umbed to injuries at Jessore General Hospital. 6. Wife Anjuara Khatun having been indicted and charged for offence of section 302 of the Penal Code faced trial before learned additional Sessions Judge. Second Court, Jessore in Sessions Case No.182 of 1999. 7. Prosecution to bring home culp......njuara 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. ......hatoon 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. ......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. ..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)
....the High Court Division in Civil Revision No. 1783 of 1997 making the Rule absolute and thereby reversing the judgment and decree dated 30‑11-1996 passed by the learned Additional District Judge 1st Court Kushtia in Title Appeal No. 84 of 1990 and restoring the judgment and decree dated M......ideration 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. ......n 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. ......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. ..Category: Property Law | Date: 11 Feb, 2004 | Hits: 127
Wali Ahmed Bhuiyan Vs. Dr. Jahangir Hossain Bhuiyan, 2004, 33 CLC (AD)
.... 2002 of a Single Bench of the High Court Division in Civil Revision No. 3779 of 1995 discharging the Rule obtained against the judgment and order dated July 5, 1995 of the Court of Senior, Assistant Judge, Sadar Comilla, in Small Cause Court Suit‑No.6 of 1992 dismissing the same. 2. The ......ourt 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: ......ision 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: ......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)
....Reference No.11 of 2001 with Jail Appeal No.820 of 2001. Judgment SK Sinha J.- This reference under section 374 of the Code of Criminal Procedure was made by the learned Additional Sessions Judge, 3rd Court, in charge of the Second Court, Kishoregonj for confirmation of death sentence awar......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. ......f his judgment for future reference. Send down the lower court records. Ed. This Case is also Reported in: 57 DLR (2005) 289. ...... 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)
....n - For petitioner. Md. Shoyeb Khan - For opposite party No.1. Civil Revision No.4822 of 2000. Judgment AK Badrul Huq J.- A Judgment of volte face recorded by learned Appellate Judge in Miscellaneous Appeal No.8 of 1999 overruling rendered by learned trail judge in Miscellane......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. ......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)
.... the respondent and passed sentence as aforesaid, Against the aforesaid order of conviction and sentence the respondent preferred Criminal Appeal No. 2013 of 1992 and the same was allowed by a Single Judge of the High Court division thereby acquitting the accused respondent from the said order of co......ence 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. ......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. ......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)
....eal No. 63 of 2002. Judgment SK Sinha J. - This reference under section 25(sic) (section 29) of the Nari‑o‑Shishu Nirjatan Daman Ain, 2000 read with section 374 Cr.P.C. has been made by the Judge (District & Sessions Judge) of Nari‑o‑Shishu Nirjatan Daman Bishesh Adalat, (sic) (Nar......e 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. ......e 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. ...... 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 DLR (AD) 246; Abdul Matin and others Vs. State, 42 D..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)
....ment and decree of February 1, 1999 passed by a Division Bench of the High Court Division in Transfer Suit No. 1 of 1995 (the Title Suit No. 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......ode 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. ......llotment 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. ......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)
....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 under section 302 of the Penal Code and sen......teps 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: ......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: ......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)
....ading to this petition, are that the respondent No. 1 as preemptor instituted 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 pr......e 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. ......lly 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. ....... 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)
....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. ......‑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. ......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
....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:
......oner 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:
......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:
......sent:
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..
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)
....he High Court Division considered the conditions appearing in para Ka, Kha, Ga, & Gha and thereof it is found that the order of transfer if any shall be deemed to be for harassment. The learned Judges of the High Court Division also considered the circular (Annexure‑C2) and that in such......ned Judgment of the High Court Division calling for our interference. Accordingly, this petition merits no consideration. Hence, it is dismissed. Ed. ......ent of the High Court Division calling for our interference. Accordingly, this petition merits no consideration. Hence, it is dismissed. Ed. ......inistry 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 wr..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)
....ere is no sufficient ground for proceeding against the accused and while discharging the accused the Court shall record the reasoning for the same but in the instant case, learned Additional Sessions Judge having found on consideration of the materials on record and documents in the case and upon he......ordingly, 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: ......, 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: ......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)
....he petitioner did not go to the civil Court to determine the rights of the parties as directed by the Registrar and instead filed an application under, section 46 for removal of the mark. The learned Judge took the view that since none of the parties went to the competent court to determine the ques......lass 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. ......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. ......z 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-34 which was ..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)
....ave to appeal against the impugned judgment and order of the High Court 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 o......espondents. 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:......ts. 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:......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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