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Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....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. ......on the mere ground of delay, except in case of' extraordinary nature. The concept of time, in either respect, is of the essence for competency of a criminal prosecution cannot be said as of universal application, since limitation does not apply to criminal prosecution. If, in fact, an offence has be..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
Monajjel Hossain Khan Vs. State, 2006, 35 CLC (AD)
....revisional application the High Court Division has not, in any way, committed any illegality warranting interference by this Court. Accordingly, the application for leave to appeal is dismissed. Ed. ......3 passed by a Division Bench of the High Court Division in Criminal Revision Case No. 1257 of 2003 refusing interference with the order dated 8-11-2003 passed by the Magistrate, Gopalganj sending the application to the Investigation Officer with a direction to add relevant section of the Druta Bicha..Category: Criminal Law | Date: 24 Mar, 2004 | Hits: 92
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....ess the impugned order shows error apparent on the face of the record the same cannot be reversed in review basing on the evidence already on record when a different opinion could be arrived at on fresh evaluation of the evidence………(14) Cases Referred to- ......sp; 13. Review under Order XXVI of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988 is subject to the law and practice of the Court. The Court may of its own motion or on the application of a party to the proceeding may make review on the grounds of an error apparent on th..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
....n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed.......t Appeal No. 191 of 1992 sending back on remand the suit to the trial Court with a direction to the parties to get the disputed signature examined by a handwriting expert and for that they would file application within one month from the date of receipt of the record by the trial Court, in default n..Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
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. ....... It was also the contention of the petitioner that lie was deprived of reasonable notice before taking the impugned action against him. 3. The High Court Division while rejecting the application summarily has observed "we are of the view, that facts revealed in various annexur..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
....eport dated 30-7-1998 found him not guilty of the charge brought against him but the said report was not accepted by the petitioner-corporation and it appointed Mr. Abu Nesar, a Magistrate, to hold a fresh enquiry. The new enquiry officer held enquiry on 28-9-1999 without giving the respondent No.2 ......ry of this Sub-continent. Although we generally agree with their learned views, so far the workers who are employed in an industry but with greatest respect we are unable to accept it as of universal application, as for example, so far the case in hand, with regard to the employees of a city or muni..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Jahangir Alam (Md) alias Zakir Vs. State, 2004, 33 CLC (AD)
.... to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ......victed and sentenced the convict‑prisoner and discharged the Rule". Having regard to the above finding of the High Court Division, we are of the view that the ends of justice will be met if this application is disposed of with modification of sentence. Accordingly, maintaining the conviction, t..Category: Criminal Law | Date: 9 Mar, 2004 | Hits: 93
Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)
....nt District Judge is directed to hear and dispose of the suit within a period of three months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 317. ......he Petitioner. Osman Gani, Advocate- For the Opposite Parties. Civil Revision No.2433 of 2003. Judgment Md. Abdur Rashid J.- The plaintiff obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against an order dated 15‑4‑03 p..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. ...... Ataur Rahman (Md.) another......................Petitioners Vs. Edruc Limited ..........................................Respondent Judgment March 3, 2004. Result: The applications are dismissed. Cases Referred to- Amin Scales Ltd. and another Vs. Md. Yakub,..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)
....the accused killed the victim on account of dowry, the trial of the accused by the Bishesh Adalat would be without jurisdiction and that the proper course would be to send the case back on remand for fresh trial under the general law. In that case this Court remanded the case to the Court of Magistr...... as including everything that may be fairly considered an incident of the event under consideration. The author of our Evidence Act has avoided using this term in sections 6, 7 and 8 which are merely applications of the rule governing the admissibility of res gestae. It is a vague and uncertain conc..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)
....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. ......;2‑1997 and thereby restoring the respondent to his former post treating him on duty with all financial and other benefits as admissible under the rules. 2. The respondent filed an application under section 4 of the Administrative Tribunal Act, 1980 being Administrative Tribunal C..Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
....e same property. Further, in view of the auction sale held on 7‑8‑1980, a third party i.e. late Mr. Shamsur Rahman, is not and cannot be a transferee of the original right of lease and it was a fresh induction of late Shamsur Rahman as tenant by the Government landlord. Moreover, the Governmen...... the respondent Nos. 6 and 7 were deleted with the permission of the Court as they were not considered necessary parties for deciding the issues raised in the writ petition but subsequently, on their applications, they were again made parties by the High Court Division as respondent Nos. 6 and 7 sin..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
.... 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. ......xercise of revisional jurisdiction contemplated in section 115 of the Code unless it is shown that decision are based upon gross misreading of evidence those has been founded on misconception or misapplication or misapprehension of law or any misinterpretation of any material document or otherwi..Category: Property Law | Date: 20 Jan, 2004 | Hits: 6
State Vs. Bahar Miah, 2004, 33 CLC (HCD)
....In the case of Eunus Khan, it was observed, "in view of the decision of the Appellate Division the learned Assistant Attorney General candidly Submitted that there is no point is sending the case for fresh trial and interest of justice will be better served if the case is finally decided by this Cou......ave been without jurisdiction. The accused persons in those cases had no hand in the matter of choosing the form. The accused persons are harassed for the laches of the prosecution as well as for non application of judicial mind by the Tribunals. These defects are detected at the appellate stage. In..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)
....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. ...... classified as institutional plot, that the allotment of the land was made to the defendant No. 6, since he applied for allotment of the same to establish a hospital; that there was an enquiry on the application of the defendant No. 6 and in the light of the enquiry report the Allotment Committee co..Category: Property Law | Date: 18 Jan, 2004 | Hits: 86
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. ....... Md. Mokleshur Rahman Zahid, Ireen Mahbub, Assistant Attorney-General- For the State. Criminal Miscellaneous Case No. 7242 of 2001 Judgment Md. Ali Asgar Khan J.- This Rule on an application filed under section 561A of the Code of Criminal Procedure was issued calling upon the o..Category: Criminal Law | Date: 17 Jan, 2004 | Hits: 3
....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:
......es of the petitioner herein, formed Trade Unions and thereupon applied on 4‑12‑2000 to the Registrar of Trade Union seeking registration in the light of the provision of section 5 of the IRO. The application so filed was rejected by the Registrar of Trade Unions and thereupon, as per provision o..
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)
....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. ...... she will stand released on the third day as was intimated by the respondent No. 4 in the impugned order dated 18‑11‑1998. On receipt of the said impugned order the petitioner filed an application for cancellation of the said transfer order and she also filed another application on 1..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: ......or reference of the petitioner's name nor it was indirectly alleged that she was responsible for the conduct of the affairs of the Company and accordingly, the High Court Division rightly allowed the application filed under section 265C of the Code of Criminal Procedure. The learned Counsel further ..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)
....ejected and that in law would not stand in the way of the petitioner to move this Court under section 46 of the Act inasmuch as an application in the instant case under section 46 of the Act arose on fresh cause of action after granting registration to the mark of the opposite party No.2 and in supp...... DLR (AD) 208; 48 DLR 376; 44 DLR 376; PLD 1975 Karachi 421; PLD 1999 Karachi 281; re Arbeny' Application, (1887) 4 R.P.C. 143; Kenrick and Jefferson LTD., 128 R.P.C. 45; Noblit-Sparks Industries application (1950) 68 RFC 168; Ciba Ltd. Basle Switzerland Vs. M. Ramalingam and S. Subramaniam Trad..Category: Intellectual Property Law | Date: 15 Dec, 2003 | Hits: 18
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