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Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....on Act, 1957 read with paragraph 59 of the Anti‑Corruption Manual. 25. Provision of section 3(2) of Anti-Corruption Act, 1957 reads as: Section 3(2): "Subject to any orders which the Government may make in this behalf, officers of the Bureau shall have throughout Bangladesh in rela......on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ......deadly weapons and the petitioner stood up and danced on the chest of victim Khaled, for which victim's rib cages were broken, but PW 21, the doctor who held postmortem examination on the dead body of deceased Khaled did not find any injuries on his chest or any mark indicating that the peti..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
....ed in Writ Petition No. 5958 of 2003 summarily rejecting the same. The writ petition was filed impugning Memo, dated September 3, 2003 issued under the signature of Deputy Secretary (Pouro), Local Government Division of the Ministry of Local Government, Rural Development and Co‑operatives ......passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
.... arises does not thereby become an industry as commonly understood. We hardly think in terms of an industry, when we have regard, for instance, to the rights and duties of master and servant, or of a Government and its secretariat, or the members of the medical profession working in a hospital. It w......icipal administration of the City of Chittagong. The Corporation for the City of Chittagong has been constituted under sub-section 1 of section 3 of the Ordinance and under sub-section 2 it will be a body Corporate, having perpetual succession and a common seal, with powers to acquire, hold and disp..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
.... applications 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, ......tor as he assigned the lease to the company which covenanted to indemnify him against liability thereunder and section 2 of the Joint Stock Company Arrangement Act, 1870 was intended to apply to everybody who can be treated as a creditor of any sort, whether actual or contingent. In this connection ..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. ......ath. On getting information about the incident from Ali Ahmed (PW 3), the informant has come to the place of occurrence and seen that Shafali Begum has been lying dead in the west Bhiti hut. The dead body has been kept under a cover. He has noticed injuries on her person. The condemned prisoner has ..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)
.... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Fazlul Karim J MM Ruhul Amin J Md. Tafazzal Islam J Government of Bangladesh represented by the Secretary, Ministry of Post, Telegraph and Tele......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)
....assed by the High Court Division in Writ Petition No. 3223 of 1996 making the Rule absolute. 2. The respondent No. 1 filed the above writ petition seeking direction upon the respondent No. 2, the Government of Bangladesh, to hand over to him the vacant possession of the ground floor of the build......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. ..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. ......n. 2. Following commission of crime law was set on roll by Abdul Hamid as informant with Kotwali Police Station, Jessore on laying First Information report was explained. 3. Autopsy on dead body of husband Tipu Sultan had been brought off by Dr. M Shamsul Hassan (P.W.9) who found one incis..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. ......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
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. ......et Ibrahim, the local Chairman, and as per his advice she lodged the first information report, which was written by Ibrahim. 4. The Kishoregonj Police registered a case, held inquest on the dead body of Shalema, sent the dead body for autopsy, seized alamats from the place of occurrence, arrest..Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5
State Vs. Moslemuddin (Md), 2004, 33 CLC (AD)
....l Attorney‑General appearing for the appellant, submits that the order of acquittal was passed by the learned Single Judge only on the ground that in the present case sanction was obtained from the Government but through inadvertence the copy of the order of the President's Secretariat granting sa......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. ......took place on 1‑11-2000 at about 3.00 PM when Shamima was killed and he got the death news at about 5.00 PM. He went to the house of accused persons and found none in the house. He found the dead body of Shamima. Neighbours told that she was assaulted by Bahar, Abul and Mafia for dowry and they ..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)
....tive Market Society Limited (the Market), owns three-storied Super Market building at 1, Darus Salam, Mirpur, Dhaka on the land measuring more or less three bighas leased out by the Government on April 24, 1981, that land measuring 1002 square yards situates to the east......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)
....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: ......isoner being armed with a Dao' arrived at the land where PW 1’s son, Hazrat Ali was transplanting paddy saplings and upon attacking him inflicted several blows by 'Dao' in different places of his body and he died. The said incident was witnessed by Hazrat Ali's mother Julekha Khatun (since decea..Category: Criminal Law | Date: 18 Jan, 2004 | Hits: 98
....a profit making organisation. It was also the contention that fund of the organisation is generated by donation from different Foreign Agencies and organisations as well as by the loan advance by the Government. It was the further contention since the petitioner is not an 'industry' as has been defi......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:
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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)
....sp; The Constitution of Bangladesh, 1972, Article 103 Order of transfer of a senior staff nurse who 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 Divi......t has stated that the petitioner filed several applications for cancellation of her transfer order on humanitarian ground as well as on medical ground but till date no step has yet been taken and nobody has yet been posted in the petitioners post and place and the petitioner has been drawing her..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: ......term which may extend to five years, or with fine which may extend to five lakh taka or with both. (2) Where the person guilty of an offence referred to in sub‑section (1) is a company or other body corporate, every director, manager or other officer responsible for the conduct of its affairs ..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)
....ured "Aziz 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......circumstances of the present case the instant application is maintainable. From the scheme and the provisions of the Act it appears that when an application for registration of a mark is published anybody in this world can approach the Registrar opposing the registration of the mark and generally th..Category: Intellectual Property Law | Date: 15 Dec, 2003 | Hits: 18
Dr M A Mazed & ors. Vs. Bangladesh represented by the Solicitor, 2004, 33 CLC (AD)
....of complaint but registered 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 ......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
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