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Abdus Sobhan Mandal (Md) Vs. Md. Jonab Ali Fakir & others, 2005, 34 CLC (AD)
....ocate‑on‑ Record ‑ For the Petitioner. Not represented-The Respondents. Civil Petition for Leave to Appeal No. 1368 of 1999. (From the judgment and order or dated 23rd May, 1999 passed by the High Court Division in Civil Revision No. 3891 of 1997). ...... without going through the contents of the deed itself and thereby the High Court Division committed an error of law in reversing the finding of the Court of appeal below resulting in an error in the decision causing failure of justice ignoring the fact that the decision of the Court of appeal below..Category: Civil Law | Date: 18 Jan, 2004 | Hits: 264
Secretary, Ministry of Health and Family Welfare & others Vs. Parvin Sultana, 2005, 34 CLC (AD)
.... Petitioners. Ataur Rahman Khan, Advocate-on‑Record‑ For the Respondent. Civil Petition for Leave to Appeal No. 1329 of 1999. (From the judgment and order dated 11th August, 1999 passed by the High Court Division in Writ Petition No. 123 of 1999). ......;2-1987 in order to avoid transfer of 3rd and 4th class employees provided the principle which was duly approved by the Cabinet Division Meeting dated 23‑2‑1986 and pursuant to the decision of the Cabinet Division Meeting it was informed to all concerned that the job of 3rd and ..Category: Constitutional Law | Date: 10 Jan, 2004 | Hits: 246
Md. Rahimuddin Mia (Bharasa) Vs. The Registrar of Trade Marks and another, 2003, 32 CLC (HCD)
.... 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 Biri" bearing No.40518 in Class-34 dated 5.5.1994 together with its existing features of label, get up and design should not be expunge......żŕ¦ś' along with the bust of his son in respect of bidies. The present petitioner filed an opposition which was rejected on merit and the petitioner did not file any appeal against that order and decision dated 25.8.98 passed in opposition Case No.1366 of 1996 and as such the present application..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)
....zlul Karim J. - The plaintiff-petitioners seek leave to appeal against the impugned judgment and order of the High Court Division passed in FMA No. 302 of 2003 dismissing the appeal against the order dated 29‑5‑2003 passed by the Joint District Judge, fifth Court, Dhaka in Title suit No. 48 of 2......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
Dr M A Mazed & ors. Vs. Bangladesh represented by the Solicitor, 2004, 33 CLC (AD)
....anullah Patwary, Advocate‑on‑Record‑For the Appellants. Ex-parte-For the Respondent. Criminal Appeal No. 3 of 2002. (From the judgment and order dated August 14, 2001 passed by the High Court Division in Criminal Rule No. 88(R) of 2001). ......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
Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)
....pondent Nos. 3 & 5. Not represented—Respondents Nos. 2 & 4. Not represented—Respondent Nos. 2-6. Civil Appeal Nos. 278 and 279 of 2003 (From the Judgment and order dated 25th May 2003 passed by the High Court Division in Writ Petition No. 1900 of 2003). Judgmen....... Result: The appeals are allowed. The Constitution of Bangladesh, 1972, Article 102 Whether Writ petition challenging award of contract is maintainable? Where there is no decision contrary to the terms of the tender or no lack of transparency in the process of evaluation..Category: Others | Date: 10 Dec, 2003 | Hits: 261
Syed Md. Anwarul Haque and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
.....3951 of 2002, 8432 of 2002, 4571 of 2003 and 5448 of 2003 the Petitioners have also impugned Rule 10 of the Muslim Marriages and Divorces (Registration) Rules, 1975 as amended by SRO No.284‑Ain/97 dated 31‑12‑97. In Writ Petition No.811 of 2003 the Petitioner has also impugned the aforesaid R......e accrued jurisdiction of a Nikah Registrar without following any procedure at the sweet will of the executive, by abusing its discretionary power. In support of his submission he has relied upon the decision of this Court in the case of Dr. Nurul Islam Vs. Bangladesh reported in 33 DLR (AD) 201. Th..Category: Family Law | Date: 9 Dec, 2003 | Hits: 4
Ershad Ali Sikder (Md) Vs. State, 2003, 32 CLC (AD)
....t No. 1. Criminal Petition for Leave to Appeal No. 97 of 2003 with Criminal Miscellaneous Petition No. 13 of 2003 and Jail Petition No. 7 of 2003. (From the judgment and order dated 28‑1‑2003 pawed by the High Court Division in Death Reference No. 13 and Criminal Jail App......torney‑General for the State. 11. Mr. Malek at the very outset submitted the High Court Division did not at all discuss the evidence and also did not assign reasons for coming to the decision and the decision of the High Court Division is not based on proper assessment, evaluation a..Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122
....Appellants.
Abdur Rab Chowdhury, Senior Advocate, instructed by ASM Khalequzzaman, Advocate‑on‑ Record‑For Respondent No. 1.
Civil Appeal No. 137 of 2001
(From the judgment and order dated 12‑4‑2000 passed by a Single Bench of the High Court Division in Civil Order No. 1960 of 2......f two and a half year after a specific probationary period of 2 (two) years the plaintiff respondent would be deemed to have been confirmed in the service according to the principle enunciated in the decision in the case of Mustafia Aziz vs Principal Momenshahi Cadet College, Mirzapur reported in 29..
Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209
State Vs. Md. Awal Fakir, 2003, 32 CLC (HCD)
....wal Fakir, son of Md. Rajol Fakir, village Mirzapur, Police Station‑Kalia, District‑Narail recorded in Nari‑o-ÂShishu Nirjatan Case No.15 of 2000 arising out of Kalia Police Station Case No. 4 dated 9‑2‑2000 corresponding to GR No. 24 of 2000 is maintained. Death sentence be executed in t......ounced only to shield the condemned prisoner. The subsequent testimony of PW 8 was thrown away very correctly by Bishesh Adalat on disengaging truth from falsehood. No exception can be taken to the decision reached by Bishesh Adalat. Third branch of contention, also falls to the ground. ..Category: Women and Children | Date: 7 Dec, 2003 | Hits: 178
Govt. of People's Repub. of BD & other Vs. Md. Shamsul Haque & other, 2004, 33 CLC (AD)
....9;on‑ Record‑ For Respondent No. 1. Not represented‑ Respondent No. 2. Civil Petition for Leave to Appeal No. 586 of 2003. (From the judgment and order dated 8th April 2003 passed by the High Court Division in Writ Petition No. 2338 of 2001). ......ordered. The Abandoned Building (Supplementary Provisions) Ordinance, 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..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)
.... Ahsanullah Patwary Advocate‑on‑Record‑For Respondent No. 2. Ex parte‑ Respondent No. 1. Civil Appeal No. 128 of 1998. (From the judgment and order dated 26th August 1998 passed by the High Court Division in Writ Petition No. 670 of 1994). ......evance petition to appellant No. I under section 25(1)(b) of the said Act. The appellant No.1 by its letter dated 27‑10‑1992 replied to the said grievance petition upholding its earlier decision dated 2‑101992. Thereafter, the respondent No.2 filed Complaint Case No. 122 of..Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
....In Civil Appeal Nos. 152 & 154 of 2000). Not Represented‑ Respondents (In Civil Appeal Nos. 153‑155 of 2000) Civil Appeal Nos. 152‑155 of 2000. (From the Judgment and order dated June 10, 1999 passed by the High Court Division in Writ Petition No. 2127 of 1994). Judg......llants Vs. AKM Saiful Alam and others..................... Respondents Judgment November 3, 2003. The Constitution of Bangladesh 1972, Article 102 (2) Delay or prompt decision taken in the matter of cancellation of allotment in the circumstances of the case cannot be..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)
....8209;Record‑ For Respondent No. 1. Not Represented‑ Respondent Nos. 2‑6. Civil Petition for Leave to Appeal No. 1205 of 2003. (From the judgment and order dated 27th July, 2003 passed by the High Court Division in FMA No. 234 of 2003). Ju......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)
.... 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 Judge, Rajshahi in Criminal Revision No.98 of 200......out the factum of possession. 10. From our discussion above we have already found that 1st party opposite party No.1 got a decree of permanent injunction in his favour in the disputed land. In a decision in the case of Shah Mohammad Vs. Haque Newaz & State, reported in 23 DLR (SC) 14 it has..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)
....le 120 The person whose interest is affected due to preparation of wrong record of rights of his property is authorised to file a suit seeking declaration of title within six years from the date, the person in whose name record has been wrongly prepared and finally published raises claim ......om were not legal and valid and the Exhibit 6, Nadabi deed, executed by Gonesh Chandra Mondal's son Haripada Mondal ought not to have been taken into consideration for the purpose of arriving at a decision that Gonesh Chandra Mondal, son of Joy Gopal Mondal ceased to be the owner of the land of ..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)
.... Md. Nawab Ali, Advocate‑on‑Record‑For the Appellants. Not represented‑The Respondent. Criminal Appeal No. 27 of 2001. (From the Judgment and order dated 3‑6‑1999 passed by the High Court Division in Criminal Appeal No. 579 of 1998.) ......prisonment for life. The convicts then preferred the above appeal before the High Court Division but the appeal was dismissed and the High Court Division by the impugned judgment and order upheld the decision of the trial Court. On granting of leave, the convicts preferred the present appeal before ..Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107
Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)
....lance amount would be paid within 4(four) months, the time was extended several times and as such the question of time being the essence of the contract does not arise. He has pointed out that on the date of bainapatra out of total consideration money of Tk. 2,00,000/-(two lacs), TK. 70,000/- (Seven......e parties, the High Court Division erred in holding that the petitioner committed breach of contract in failing to pay up the balance consideration money by 25.2.85 and such error led to an erroneous decision occasioning failure of justice. He next submits that the petitioner being in possessi..Category: Contract Law | Date: 20 Oct, 2003 | Hits: 256
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....ecord‑For Respondent Nos. 1 & 5. Not Represented‑ Respondent Nos. 2‑4. Dispensed with‑ Respondent Nos. 6‑ 10. Criminal Appeal No. 17 of 1999. (From the judgment and order dated 24 June 1998 passed by the High Court Division in Criminal Miscellaneous Case No. 3125 of 1997......llaneous Case No. 3125 of 1997 (arising out of Criminal Revision No. 72 of 1987 and NGR Case No. 132 of 1987) making the Rule disposed of directing the first party appellants to go to Civil Court for decision about title and possession over the suit property within one year from date and until a dec..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....Appeal before this Court depicts a lamentable episode and an apt paradigm how blood of one organ of Government could be sucked by another unit of the said Government. 2. In challenge of a Judgment dated August 16, 1998 followed by a decree dismissing plaintiffs suit for a declaration of title and.......I.T. to acquire any property without prior permission of Government of Bangladesh and, also, right to lease out property in favour of any institution. 20. Learned Subordinate Judge with the above decisions dismissed the suit. 21. Plaintiff having been resentful of the above adjudication sough..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
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