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Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
.... months on the basis of the record available. The accused moved the Appellate Division. The Appellate Division in the background of the facts and circumstances of the case directed the trial Court to complete the trial within the time specified by the Appellate Division, if not concluded within the ......n of Corruption Act, 1947, section 3 (2) of the Anti-corruption Act, 1957 read with paragraph 59 of the Anti-corruption Manual it is seen that investigation of an offence enumerated in Act II of 1947 and in the Schedule of Anti-corruption Act, 1957 by an Assistant Inspector of the Bureau of Anti-cor...... similar control over their staff." 26. First information report against the accused‑respondents in the respective appeal for commission of the offence of misappropriation of the Government property as public servant was lodged by an Assistant Inspector of the District Anti‑Corruption Bu......han one at one trial for all such offences is permissible in law. In the instant appeals trial of a person accused of more offences than one at one trial for all offences are not a subject matter for adjudication and, as such, we are not addressing ourselves to the submissions so made. 30. We ar..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
....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. ...... March 16, 2004. The Pourashava Ordinance, 1977 (XXVI of 1977), Section 13(1) (d) The resolution of no-confidence taken against the petitioner upon due compliance of relevant law and such resolution having been approved by the competent authority, the order of removal of the pe......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. ......er of a Pourashava, we are of the view in moving a resolution of no confidence upon alleging the situation as contemplated in section 13(1)(d), read with explanation thereto of the Ordinance prior adjudication thereof by the Court for taking the resolution for removal of the Chairman/ Commission..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
....
In the result, the Rule is made absolute with the above observations and directions.
There is no order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 741.
......t
High Court Division
(Special Original Jurisdiction)
Present:
ABM Khairul Haque J
Md. Miftahuddin Choudhury J
Chittagong City Corporation, represented by its Mayor and 3 others............Petitioners
Vs.
Md. Afzal Hossain and others ...........................an, DIT Vs. Chairman, Second Labour Court 34 DLR (AD) 37. He submits that the respondent No.2 is an employee and if he is aggrieved by any order of the Corporation, he could file an appeal before the proper authority or might even file a suit before the civil Court but he, not being a worker, did no...... the bad memories of laissez faire and bitter struggles in this field and nourishing new sprouts of legality, fertilised by the seminal ratio in Banerji. Indeed, every great judgment is not merely an adjudication of an existing list but an appeal addressed by the present to the emerging future. And ..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)
....cuted an agreement and handed over possession of the holding to him. To protect his right and actual physical possession under the agreement, and in order to avoid multiplicity of proceedings and for complete adjudication of the disputes third party sought to be added in the suit as defendant No.4. ......Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J Akram Hossain (Md.)................................Petitioner Vs. Sahera Khatun and others.........................Respondents Judgment March 8, 2004. Result: T...... Result: The Rule is discharged. Whether or not the oral contract as claimed by the plaintiff is genuine and enforceable in law Addition of subsequent transferees is necessary for proper adjudication of the question whether the plaintiff’s case of alleged contract between t......esult: The Rule is discharged. Whether or not the oral contract as claimed by the plaintiff is genuine and enforceable in law Addition of subsequent transferees is necessary for proper adjudication of the question whether the plaintiff’s case of alleged contract between the plai..Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5
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. ...... Edruc Limited ..........................................Respondent Judgment March 3, 2004. Result: The 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 3......ince Mr. Shamsuddin Babul, the learned Advocate appearing for the respondent, raised the preliminary question of maintainability of these applications is would be proper for me not to enter into the merits of the case at this stage and see if the applications are......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. ..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. ...... Cases referred to- State Vs. Bahar Miah, Death Reference No. 3 of 2002. Lawyers Involved: Nikhilesh Dutta, Deputy Attorney General with Mohammed Baset, Assistant Attorney General and Fara Mahmuda, Assistant Attorney General ‑ For the State. Dr. Mohammad Abul Bashar, Advoc......ain fact and explanatory of it, including acts and words which are so closely connected therewith as to constitute a part of the transaction, and without a knowledge of which the main fact may not be property understood. They are the events themselves speaking through the instinctive words and acts ......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
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. ......ithout any order as to costs. Ed. ......d Property (Control, Management & Disposal) Order, 1972, Article 10 The predecessor of the appellant having been inducted in the premises in dispute as an allottee of the government after the property was declared abandoned, the appellant, not being in the same footing, can not claim the sam......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)
....x, recorded statements of witnesses under section 161 of the Code of Criminal Procedure, seized alamats and prepared seizure list. 21. P.W.14 Sub-Inspector of Police Md. Ataur Rahman performed incomplete investigation, recorded statements of eight (8) witnesses under section 161 of the Code. He......hatun................................Condemned Prisoner Judgment February 17, 2004. Result: Death Reference No.43 of 2001 stands rejected. Criminal Appeal No.3459 of 2001 and Jail Appeal No.3887 of 2001 are dismissed. ......ondemned prisoner retracted confession on 30-4‑1999 after a period of fifteen (15) days of judicial confessional statement. In the retracted confession condemned prisoner stated of enmity over land property with persons noted in retracted confessional statement. Law has been well settled through j......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
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
....ent of re-conveyance, if to be deemed to be an usufructuary mortgage, is to be registered under Registration Act and an unregistered Agreement of reconveyance cannot be treated or deemed to be a complete usufructuary mortgage……………..(15) Cases Referred to- Durga Choudhr......7) 69. ......dor failed to substantiate that the land in dispute was under mortgage and sale deed in pre-emption proceeding is an out and out sale. F) Plea adopted by, vendor that valuation of transferred property would be taka 1,70,000/- also could not be proved on production of any independent witness......ndependent witness. G) Decision rendered by Trail Judge did not rest upon examination of evidence but the same stood obsessed by emotion. 3. Feeling dissatisfied with the above adjudication by Appellate Judge. Vendor as petitioner approached this Court in this Revision petiti..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. ......itional Attorney General, instructed by AM., Md Wahidullah Advocate‑on Record‑For the Appellant. Not represented‑The Respondent. Criminal Appeal Nos. 27 of 1997. (From the Judgment and order dated 28 June 1995 passed by the High Court Division in Criminal Appeal No. 2013 of 1992)....... his Memo No. 1023 dated 16‑2‑91. 4. As it appears on the question of sanction for the prosecution the High Court Division found that there is no evidence on record showing such sanction from proper authority though for prosecution of the accused, a government servant, such sanction was nece......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. ......ate……………Petitioner Vs. Bahar Miah …….......... Condemned Prisoner Judgment January 18, 2004. Result: The death reference is rejected. Cases Referred to- Sris Chandra Nandy Vs. Rakhalananda Thakur, AIR 1941 PC 16; State Vs. Eunus Kha, 5 BLC 353; State Vs. Manna......t the facts of the given case do not impel us to take a lenient view in his favour. His trial by the Tribunal was without jurisdiction and it is such a case which demands that he should be tried by a proper Court for an offence punishable under the Penal Code after compliance of formalities. For tri......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
....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:
...... 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:
The petition is di......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:
......2 DLR 151 and 43 DLR 655. Facts of the said 2 cases arc quite distinguishable from the facts of the instant case and, as such, the same have no relevancy to and bearing on the question that calls for adjudication in the instant case. The other contention of the learned Counsel that although High Cou..
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: ......ly allowed. Ed. This Case is also Reported in: ...... has been committed without his knowledge. He lastly submits that the High Court Division failed to take notice of the provision of section 24(2) of the Securities and Exchange Ordinance, 1969 in its proper perspective and wrongly discharged the accused‑respondent from the instant case." 2. Th......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)
.... divorced from the context in which they were made and it is improper to take out a sentence from a judgment divorced from the context in which it was given and treat such an isolated sentence as the complete enunciation of law by this Court. The 48 DLR case has, in my opinion, been mis-appreciated ......;……………………………………………….Petitioner Vs. The Registrar of Trade Marks and another……………………………&...... get up and design should not be expunged from the Register of Trade Marks and the Register rectified accordingly and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner is the proprietor of Taj Biri Factory in village-Sarai, Haragach, Pol......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. ..Category: Intellectual Property Law | Date: 15 Dec, 2003 | Hits: 18
Syed Md. Anwarul Haque and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
.... This Case is also Reported in: 57 DLR (2005) 248. ......sp; ......stitution of the country and, as such, the said provision is liable to be struck down. He has referred to the case reported in 33 DLR (AD) 201 wherein their Lordships have held that in the absence of proper guidelines as to how discretion is to be exercised will lead to arbitrary exercise of power. ...... This Case is also Reported in: 57 DLR (2005) 248. ..Category: Family Law | Date: 9 Dec, 2003 | Hits: 4
Ershad Ali Sikder (Md) Vs. State, 2003, 32 CLC (AD)
....of eye‑witnesses, namely, PWs 1, 3, 4, 5, 7, 9, 10 and 14 are consistent regarding causing injuries on the person of deceased Khaled by the condemned‑prisoner and the chain of evidence is also so complete that there can be no other conclusion other than the guilt of the condemned-prisoner Ersh......, 1898 (V of 1898), Section 374 The Penal Code, 1860 (XLV of 1860), Section 320 The victim survived for weeks in the hospital due to intensive care and treatment after sustaining injury caused brutally upon him and thereafter succumbed to injuries......of the above mentioned injuries which were ante mortem and homicidal in nature. 4. Police during investigation visited the place of occurrence, seized incriminating articles under proper seizure list, and held inquest over the dead body of the deceased, sent the same to the morgu......ials on record has arrived at the correct decision. For the reasons and discussions made above the leave petition is dismissed Connected Jail Petition No. 7 of 2003 is also rejected. Ed. ..Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122
State Vs. Md. Awal Fakir, 2003, 32 CLC (HCD)
....nnocent. 32. Circumstances noted above are made beads. Links are not missing between one bead and other bead and they do form rosary. The chain of instances against the condemned-prisoner is so complete that it does not leave any reasonable doubt consistent with the innocence of the condemned.................. Petitioner Vs. Md. Awal Fakir ...................................Respondent Judgment December 7, 2003. Result: Death Reference is accepted, Jail Appeal and Criminal Appeal stand dismissed. Cases referred to- Barter Vs. Barter, (1950) 2 All En......the terms of the judgment recorded by Nari‑o‑Shishu Nirjatan Daman Adalat, Narail. Lower Court's Record be sent down at once. Ed This Case is also Reported in: 56 DLR (2004) 647. ......the terms of the judgment recorded by Nari‑o‑Shishu Nirjatan Daman Adalat, Narail. Lower Court's Record be sent down at once. Ed This Case is also Reported in: 56 DLR (2004) 647. ..Category: Women and Children | Date: 7 Dec, 2003 | Hits: 178
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. ......ion (Civil) Present: Md. Fazlul Karim J Md. Hamidul Haque J Md. Tofazzul Islam J Superintendent (now General Manager), James Finlay PLC and another................. Appellants Vs. Chairman, 2nd Labour Court and another.........tion to send a case back on remand in exercise of a jurisdiction in the nature of certiorari. Secondly, he submits, the observations which the Labour Court were directed to follow are not the proper yardsticks for determination of the legality of an order of discharge. The Labour Court is ......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. ..Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106
Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and ors., 2005, 34 CLC (AD)
....arments was under the close supervision of the defendant No. 1 and was manufactured maintaining high quality as per order of the buyer. The production of the entire consignment i.e. 22,094 pcs, was completed by 4th January, 2000 which was ahead of/before shipment date. That on completion of the ...... Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J Smart Apparels (Pvt.) Ltd….. ................Petitioner Vs. Hanvit Bank Kuni Bong Branch and ors………..Respondents Judgment November 2, 2003. ......ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. ......ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 2 Nov, 2003 | Hits: 783
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. ......te Parties Judgment November 1, 2003. Result: The Rule is discharged. Cases Referred to- Shah Mohammad Vs. Haque Newaz & State, 23 DLR (SC) 14; Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986 BLD (AD) 261 = 38 DLR (AD) 246; Moslemuddin......itan Magistrate, Rajshahi in MNGR (Metropolitan Non-General Register) Case No.273 of 2003 should not be quashed and/or such other or further order or orders passed as to this Court might seem fit and proper. 2. Facts, relevant for the purpose of disposal of this Rule, in short, are that Officer......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. ..Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1
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