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State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
.... may be oral or documentary. Confessions may be divided into two classes, Judicial and extra‑judicial. A Judicial confession is that which is made before the Magistrate or in court in due course of legal proceeding, that is recorded under sections 164 and 364 of the Code of Criminal Procedure. A c......g declaration itself can be treated as a substantive piece of evidence and if found reliable can form the basis of a conviction upon a person. A dying declaration, though, enjoins almost a sacrosanct status as a piece of evidence as it comes from the mouth of a person who is about to die and at that..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)
.... it has to discharge its onus beyond a shadow of doubt. The Indian Supreme Court in the case of Dahyabhai Chhaganbhai Thakur Vs. State of Gujarat, AIR 1964 SC 1563 observed: "When a plea of legal insanity is set up, the Court has to consider whether at the time of commission of the offence...... 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)
....neither the scribe nor the attesting witnesses had been examined from side of Vendor-petitioner. Vendor-petitioner signally failed to discharge the burden of proof which was upon him in respect of legal existence of Agreement. Learned Appellate Judge duly took into account this apposite legal as...... 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. Bahar Miah, 2004, 33 CLC (HCD)
....tatements of the neighbors. They have not stated the names of the neighbors from whom they learnt that the condemned prisoner assaulted Shamima to death for dowry. Therefore, these statements are not legally admissible in law. The learned Judge of the Tribunal illegally recorded the statements of th......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
Secretary, Ministry of Health and Family Welfare & others Vs. Parvin Sultana, 2005, 34 CLC (AD)
....s to why the impugned order to transfer her dated 18‑11-1998 issued by the respondent No. 4 (Annexure‑A) should not be declared to have been made without lawful authority and of no legal effect. The petitioner's case is that she is a Senior Staff Nurse of the National Institute ......illegality in the impugned Judgment of the High Court Division calling for our interference. Accordingly, this petition merits no consideration. Hence, it is dismissed. Ed. ..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)
....the Company. 19. The words "was in charge of” appearing in aforesaid Indian provision are absent in our section 24 of Securities and Exchange Ordinance, 1969. 20. The said section creates a legal fiction whereby a director, manager or other officer responsible to the company for the conduc......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)
....ting and copying the trade mark "Aziz Biri" of the petitioner and selling his products misrepresenting the actual "Aziz Biri" in similar get up, packet, colour, size etc to make illegal financial gain inspite of their product being of inferior quality. It is further contended tha......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
A & E Products Group LP and others Vs. Md. Mohiuddin Ahmed and others, 2003, 32 CLC (AD)
....e petitioner’s product been registered possibly a complaint could be made under the Trade Marks Act to protect the trade mark of the petitioner but that not having been registered petitioner has no legal right to protect the trade mark sought for by way of an order of injunction in the court of la......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
Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)
....dent No.3 (petitioner No. 2 herein) informing the issuance of Notification of Award to the writ respondent No.4 on 25‑2‑2003,were declared to have been passed without lawful authority and of no legal effect and direction was given for re‑tender. 2. The writ‑petitioner respondents filed the......respondent No.4 and accepted by the purchaser BWDB as the least cost combination; that this case also involves interpretation of clauses 39and 39. 1 of section 1 of ITB and determination of its legal status and the right of the purchaser inasmuch as the learned Judges gave their decision in total di..Category: Others | Date: 10 Dec, 2003 | Hits: 261
Syed Md. Anwarul Haque and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
.... the second provision to section 4 of Muslim Marriages and Divorces (Registration) Act, 1974 As well as in the Rule 10 of the Muslim Marriages and Divorces Registration Rules, 1974 and the said legal provisions are not ultra vires of the Constitution and in no way infringes of the fundamental ...... 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)
....ault of payment of fine each of them are to suffer rigorous imprisonment for l(one) year more. Therefore, the impugned judgment of the High Court Division with regard to the petitioner is without any legal basis and without proper assessment of the evidence and the material on record. ......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
Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209
Govt. of People's Repub. of BD & other Vs. Md. Shamsul Haque & other, 2004, 33 CLC (AD)
....rdinance, 1985 (LIV of 1985), Section 10(5) The Court of settlement dismissed the case for default without giving any decision as to whether enlistment of property as abandoned building, had legally been done and the High Court Division send the case back on remand rightly for deciding thi...... 10. We do not find any substance in the submission of the learned Counsel for the petitioners for any interference with the impugned judgment and order. The petition is dismissed. Ed. ..Category: Property Law | Date: 7 Dec, 2003 | Hits: 139
Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)
....ondent No. 1 for fresh trial with direction to decide the case in the light of the observations made in the impugned judgment. 2. The appellant moved the writ petition challenging the legality of the judgment and order dated 20‑12‑1993 passed ex parte by the respondent N......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
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
....ent in the circumstances of the case cannot be considered malafide or lacking in fairness and transparency and as such cancellation of allotment and fresh allotment to others cannot be said to be not legally valid or without lawful authority………………(27) The Code of Civil Procedure (v ...... 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. ..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and ors., 2005, 34 CLC (AD)
....nts Judgment November 2, 2003. The Code of Civil Procedure, 1908 (V of 1908), Order XXXIX, rule 1 The principle is established and settled as per present legal position that no court can pass any order of injunction or any other restraining order upon a......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)
....n 145 CrPC can validly be made." So, our considered view is that the proceedings under section 145 of the Code of Criminal Procedure were quite inappropriate in view of the circumstances and the legal precedent discussed by us above. It further deserves mention here that present 2nd party petit......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
Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)
....it cannot be held to be barred by limitation. The High Court Division was of the view that treating a portion of the land as recorded in SA Khatian later on in RS Khatian as vested property was not legal. The High Court Division further held that from the side of the defendant Nos. 1 and 2 n......; 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)
.... Moral conviction deprecated Findings of both the courts are totally wrong as it is a case of no evidence and both the Courts were swayed by emotions and not by any legal consideration and convictions by them is nothing but moral conviction not supported by any le......6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ..Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
.... disturb first party in their possession of the land and with that end in view the second party have been collecting arms and undesirable elements and are determined to oust the appellants from their legal possession over the case land and have been threatening the labourers of the first party appel......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: ..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414