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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. ......315/316 of the Penal Code now pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule is that the opposite party No.2, as informant lodged a first information report alleging, inter alia, that she is a lectu..Category: Criminal Law | Date: 17 Jan, 2004 | Hits: 3
Category: Employment/Service Law | Date: 17 Jan, 2004 | Hits: 120
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: ......C (2)." 17. The aforesaid expression means that the person should be in overall control of the day‑to‑day business of the Company or firm. It may also mean and include a director who may be a party to the policy being followed by the Company, yet not be in‑charge of the business of the Com..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. ......r Petitioner. Gazi Md. Neamat Hossain, Advocate-For Opposite Party No.2. Trade Mark Application No.10 of 2001. Judgment Syed Amirul Islam J.-This rule was issued upon the opposite party Nos.1 and 2 to show cause as to why the Trade Mark registered under the name of "Aziz Bir..Category: Intellectual Property Law | Date: 15 Dec, 2003 | Hits: 18
Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)
....on has interpreted clause 14.8 about multiple offer but no patent deviation could be pointed out from the prescribed mode of evaluation inasmuch as the writ petitioner as well could not point out any defect or deviation of rules/procedure in the evaluation process. 18. The learned Attorney‑G......r; (f) Where the contract has been entered into in exercise of statutory power by a statutory authority in terms of the statutory provisions and then breach thereof gives right to the aggrieved party to invoke writ jurisdiction because the relief sought is against breach of statutory obligatio..Category: Others | Date: 10 Dec, 2003 | Hits: 261
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. ......on in Writ Petition No. 670 of 1994). Judgment Md. Fazlul Karim J.- The second‑party respondent obtained leave to appeal against the judgment and order dated 26‑8‑199..Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
.... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ......is quite competent to take recourse to either revise or some other suitable procedure to reconsider or review or to see correctness of its judgement earlier made on furnishing of fresh materials by a party to the case which, according to it, if were before the court the judgement would have been oth..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Abul Bashar and ors. Vs. Prafulla Kumar Das & ors., 2004, 33 CLC (AD)
....Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel. Ed. ......nts Judgment November 2, 2003. The Code of Civil Procedure, 1908 (V of 1908) Order XXI rule 29 The petitioners had not been the party in the partition suit nor they had been the judgment debtors so the provisions of order 21 ru..Category: Property Law | Date: 2 Nov, 2003 | Hits: 96
Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)
....e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ......aneous Case No.7500 of 2003. Judgment Sheikh Rezowan Ali J.- On an application by the petitioner under section 561A of the Code of Criminal Procedure a Rule was issued calling upon opposite party No.1 to show cause as to why the order dated 26‑5‑2003 passed by the learned Sessions Judg..Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1
Abul Kashem Khan Vs. State, 2003, 32 CLC (HCD)
....rvations made in the body of this judgment. Communicate the order to the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 431. ......eous Case No. 3384 of 2003. Judgment Sheikh Rezowan Ali J. - On an application by the petitioner under section 561A of the Code of Criminal Procedure a Rule was issued calling upon the opposite party State to show cause as to why the order dated 7‑9‑2002 passed by the Nari‑o‑Shishu Nir..Category: Women and Children | Date: 27 Aug, 2003 | Hits: 157
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ......risdiction over possession of a property may regulate possession by appointment of a receiver and finally deciding possession of the parties. In case of failure to find possession in favour of either party direct the parties under section 146 of the Cr.P.C. to go to competent civil court…………..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....t land and illegally dispossessed Plaintiff from suit property. 53. Specific date of threatened dispossession had not been noted down in plaint but that cannot be characterised to be a fundamental defect and infirmity in plaint. It cannot be at all suggested that Plaint did not consist of materia......ndants transferred their purchased property to other Defendants and Defendants acquired good title and possession over suit property, ii. In a suit for permanent injunction exclusive possession of party seeking permanent injunction is required to be proved and Plaintiff-appellant failed to prove ..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Shafiqul Islam Vs. Government of Bangladesh and another, 2003, 32 CLC (AD)
....d period provided by law. In the circumstances we find no substance in the petition. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 37. ......ement in the service with all benefits. The petitioner was allowed to join in the service but he was not given benefit of the period of suspension. The petitioner preferred appeal before the opposite party No.1 who allowed 75% of the petitioner's salary during the period of suspension and considered..Category: Administrative Law | Date: 23 Aug, 2003 | Hits: 128
DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)
....ections 151 & 153 Section 151 of the Code of Civil Procedure provides inherent power of the court whereas section 153 of the Code of Civil Procedure empowers the court to amend any defect or any error in any proceeding of the suit at any time. Lawyers Involved:&nbs......sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ..Category: Civil Law | Date: 20 Aug, 2003 | Hits: 291
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
....previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ......lip;(28) Effect of registration of a deed in violation of order of status quo Document registered in violation of an order of status quo would not become invalid although party violating such order would expose themselves to legal action. For such violation document can..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)
....no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ......ivil Revision No.475 of 1991. Judgment Sharifuddin Chaklader J.- These two Rules arise from a common judgment, as such, this judgment would govern both the Rules. 2. Plaintiff-opposite party filed Title Suit Nos.396 and 397 of 1981 in the Court of Assistant Judge, Sadar, Noakhali for ..Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
..... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ......ending on the last day of each month. In the said agreement the defendants agreed to pay WASA and electricity bills and he promised to deliver vacant possession of the house and premises to the first party ie the plaintiff No.1, as and when she desires on a 3 months notice and that the 2nd party pro..Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171
Hossain Shially (Fakir) Vs. State, 2003, 32 CLC (HCD)
....whose 'kupi-bati' the victim could recognise the accused-appellant, has led us to hold that had they been examined in this case, it would not have supported the prosecution case and benefit of this defect must go in favour of the accused-appellant. In consequence of that, we are led to hold that t...... Send down the LC records 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: 56 DLR (2004) 637. ..Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162
Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)
....d any merit in the submissions of the learned Counsel for the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: ...... the listing in the Official gazette of the petitioner's building illegal. This view finds support in the case of Iqbal Ahmed Qurishi vs. Bangladesh reported in 45 DLR 416 in which one of us was a party. " 22. In the case of Bangladesh vs. Professor Golam Azam reported in 46 DLR (AD) 192 i..Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279
Abdul Kader Rabbani and others Vs. Ebaruddin and others, 2003,32 CLC (HCD)
....ance with law and in the light of the observation made in the body of the judgment. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 307. ......cates- For the Petitioners. Not represented‑ the Opposite Parties. Civil Revision No.2603 of 1992. Judgment MM Ruhul Amin J.- This Rule was issued calling upon the opposite party Nos.1‑13 to show cause as to why the impugned order complained of in the petition should not..Category: Civil Law | Date: 1 Jul, 2003 | Hits: 4