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Nasir Howlader Vs. State, 2004, 33 CLC (HCD)
....eased which comes within the mischief of first part of section 304 of the Penal Code. 27. In the light of the above observation we are of opinion that in no way this case can be brought within the scope of second part of section 304 of the Penal Code and accordingly, the decision given by the lea...... Judge, Bagerhat is hereby affirmed. Let a copy of this judgment along with lower court's record be sent to the concerned court at once. Ed. This Case is also Reported in: 56 DLR (2004) 151. ..Category: Criminal Law | Date: | Hits: 30
Abdul Motaleb & others Vs. Aftab Miah and another, 2002, 31 CLC (HCD)
.... them a hearing in the matter as no evidence in support of the opposition was forwarded to the applicant though the same was filed before the Registrar on 1‑3‑2001. We have carefully examined the scope of Rule 33(1) and it appears that it is incumbent upon the opponent to send the evidence, if a...... appellants, as there was no occasion to do so in the absence of any TM 55. Therefore, we find no substance in the appeal which must fail. Ed. This Case is also Reported in: 56 DLR (2004) 145...Category: Intellectual Property Law | Date: | Hits: 181
Abul Kashem and others Vs. State, 2003, 32 CLC (HCD)
....rder case and the capital punishment has been awarded to the condemned prisoner Kashem and life imprisonment to accused Anowar Hossain Pintu for the death of Chairman Abdul Halim. There is hardly any scope taking this shifting of the place of occurrence so lightly in a murder case like the present o......thwith. Convict appellant Anwar Hossain Pintu alias Anwar Hossain may therefore; be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 132...Category: Criminal Law | Date: | Hits: 39
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....rejected the petitioner's application apparently on the ground that the Appellate Division of the Supreme Court of Bangladesh having dismissed Review Petition Nos. 78, 79 and 80 of, 2002 there was no scope to consider the application. Although in the said Judgment it was made clear that respondent N......ons made and the findings given by us in this judgment will have no bearing in disposing of the suit now awaiting disposal in the court below. Ed. This Case is also Reported in: 56 DLR (2004) 91...Category: Information Technology Law | Date: | Hits: 230
Arif Iftekhar Ali and others Vs. Sekandar Ali Hawlader, 2002, 31 CLC (HCD)
....guity but inspection of suit property gives rise to much controversy as to its nature and extent, particularly, vis‑a‑vis investigation under Order XXVI rule 9 of the Code, When the meaning and scope of the word inspection is understood, the nature and extent of the power of the Court to order......lled and vacated, learned Joint District Judge is directed to proceed expeditiously with the proceedings pending before him. Communicate. Ed. This Case is also Reported in: 56 DLR (2004) 82. ..Category: Property Law | Date: | Hits: 26
Uttara Bank Limited Vs. Syed Abidur Reza and others, 2009, 38 CLC (AD)
.... before the labour Court and not in a suit before the civil Court. 17. The respondent on the other hand submits that the proviso to section 25(1) of the Act does not provide for the respondent any scope for lodging any complaint seeking any redress thereunder, as the order of termination of emplo......in the aforesaid decision and no further discussion is called for and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 470...Category: Employment/Service Law | Date: | Hits: 95
Reaz Shahid @ Milon Vs. State, 2001, 30 CLC (HCD)
.... Taka 1,00,000 with two sureties of like amount to the satisfaction of Jananirapatta Bigna Shirishtikari Aparad Damon Tribunal, No. 2, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 385.......az Sahid alias Milon is directed against an order dated 25-9-2000 recorded by Jananirapatta Bigna Shrishti Kari Aparadh Daman Tribunal, Dhaka in Jananirapatta Case No. 47 of 2000 rejecting prayer for bail of accused-appellant. Subsequently, the case has been renumbered as Jananirapatta case No. 39 o..Category: Criminal Law | Date: | Hits: 34
Shah Newaz (Md.) and others Vs. Shah Wali and another, 2001, 30 CLC (HCD)
....nly on the grounds, among others, that both the courts below travelled beyond the plaint and based their findings upon the averments made in the application of defendant No. I which is not within the scope of Order VII rule 11 of the Code of Civil Procedure and thereby both the Courts below committe......end down the original case records at once with a copy of this judgment to the learned District Judge, Dhaka for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)375...Category: Trust/Waqf Law | Date: | Hits: 187
Nurul Islam Manzoor Vs. State, 2000, 29 CLC (HCD)
.... are returned to one of the learned Advocates of the petitioners. Communicate the order to the Metropolitan Session Judge, Dhaka. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 276. ...... to the Magistrate that the offence is triable exclusively by the Court of Sessions, he shall- (a) Send the case to the Court of Sessions: (b) Subject to the provisions of this Code relating to bail, remand the accused to custody during, and until the conclusion of, the trial; (c) Send to t..Category: Criminal Law | Date: | Hits: 45
Abdul Mannan (Md) Vs. Swaraj Roy and others, 2001, 30 CLC (HCD)
....he Bainapatra. He accordingly, prayed that for disposal of such suit, his presence is necessary. 4. Plaintiff opposed the application by filling a written objection mainly raising objection on the scope of inquiry in a suit for specific performance and denied that opposite party No. 1 has got any......is affirmed. No order as to costs. The order of stay granted at the time of issue of the Rule is hereby re-called and vacated, Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 352. ..Category: Property Law | Date: | Hits: 31
Khulna Newsprint Mills Limited Vs. Chairman, Labour Court, 1999, 28 CLC (HCD)
....’s year of birth as 1936 and accordingly, passed the formal order of retirement on 29-6-93. 8. Mr. Md. Khalilur Rahman submits that Labour Court under Industrial Relations Ordinance, 1969 had no scope or jurisdiction to decide what is the actual date or year of birth of any worker. 9. He als......impugned judgment and order passed by that Labour Court is set aside without any order as to costs. Let the LC Records be sent down Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 271...Category: Labour and Industrial Law | Date: | Hits: 117
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12. We, therefore, do not agree that the declaratory relief contemplated in section 42 should be kept within a closed compartment. It is by now well settled that each suit seeking relief within the scope of section 42 must be decided on its own merits and its own peculiar circumstances and that no......) Ltd. registered on 6-4-93 is null and void.
Let a copy of the judgment be sent t the Ministry of Law and Parliamentary Affairs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 263.
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Category: Property Law | Date: | Hits: 72
Pubali Bank Ltd. Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
.... a measure of abundant caution. In other words, section 6 is the matter ouster provision, section 7 is an exception to that ouster. The exception cannot render the ouster provision nugatory. There is scope for argument that if both appellate and revisional interlocutory orders of an Artha Rin Adalat...... cost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 340...Category: Civil Law | Date: | Hits: 93
State Vs. Rashid Ahmed & others, 2002, 31 CLC (HCD)
....hittagong and the Deputy Commissioner, Chittagong for their information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 333. ......of Syed Ahmed, Abul Kalam, son of Amin Sarif, Gura Mia, son of late Samiuddin and Abdul Latif, son of late Samiuddin are acquitted of the charges levelled against them. They are discharged from their bail bonds. 34. The convicted accused respondents are hereby directed to surrender immediately, t..Category: Criminal Law | Date: | Hits: 76
Shamsul Haque (Md) Vs. State, 1999, 28 CLC (HCD)
....is acquitted of the charge brought against him and he be discharged from him bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 255. ......ns and Special Tribunal Judge, Jamalpur in Special Powers Act Case No.6 of 1990 is hereby set aside. The convict appellant is acquitted of the charge brought against him and he be discharged from him bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 52..Category: Criminal Law | Date: | Hits: 32
Mohammad Ali Vs. State, 2000, 29 CLC (HCD)
.... down the LC record along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 245. ......The learned trial Court found accused Moslemuddin not guilty for the offence charged. In this connection it may not be out of place to mention here that the accused-appellant absconded after going on bail and thereafter the police arrested him when he preferred the present appeal which is opposed by..Category: Criminal Law | Date: | Hits: 89
.... binding upon him for public interest so that no confusion can be created in the minds of the public by not doing so and then give notice if other applications are pending. Generally, there is little scope of innumerable applications to pend on the same trade marks making the duty of the Registrar t...... Trade Marks in favour of the opposite party No. 1 is expunged from the register of Trade Marks. Let the register be rectified accordingly.
Ed.
This Case is also Reported in: 54 DLR (2002) 294.
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Category: Intellectual Property Law | Date: | Hits: 167
....derived from the same basic rule or rules (grundnorms). Where there is a written Constitution, the grundnorm will be that the Constitution ought to be obeyed.
68. American Jurist Rosco Pound (The scope and purpose of Sociological Jurisprudence (1910-11)-24 HLR 591) said that the law is a species...... Penal Code, should not be issued, and why such other order or orders should not be passed as this court may deem fit appropriate.
5. Pending hearing of the Rule, the petitioner was enlarged on bail in Martial Law Case No. 12 of 1986, which arose out of Kotowali P.S. Case No. 25 dated 24.12.19..
Category: Constitutional Law | Date: | Hits: 482
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
....e application was seriously opposed by the pre-emptors. 4. The application was heard on 4-5-2000 and rejected by the trial Court being of the view that in the frame of the proceeding, there was no scope for the Court to hear and decide on the valuation of the proceeding even for the purpose of pe...... this Rule is discharged. No order as to costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 285...Category: Property Law | Date: | Hits: 28
....7 i.e. after an inordinate delay of 9 (nine) years. The claim of refund is thus barred by limitation and Sales Tax Act being a Special Act having provided for special period of limitation there is no scope for extension of time by any authority.
13. Mr. Siddique has also relied on the case of G L......and in that view of the matter cannot get any refund.
In the result, the Rule is discharged without however any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 230.
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Category: Fiscal/Taxation Law | Date: | Hits: 69
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