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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.   ......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.   ......sain with M. Moazzal Husain with M Zahirul Alam Babar, Md. Shahjahan Kabir and Reazuddin Khan- For the Opposite Party No.2 Informant. Md. Mokleshur Rahman Zahid, Ireen Mahbub, Assistant Attorney-General- For the State. Criminal Miscellaneous Case No. 7242 of 2001 Judgment Md. Ali......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.   ..

Category: Criminal Law | Date: 17 Jan, 2004 | Hits: 3

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. ......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. ......transfer of such employees. The High Court Division rightly decided the case in favour of the writ petitioner.    Lawyers Involved:  Fida M Kamal, Additional Attorney General, instructed by B Hossain, Advocate‑on‑Record‑ For the Petitioners. ......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)

....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: ......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: ......azlul Karim J.- This appeal by leave was granted by this Court to consider the submissions of the learned Counsel for the complainant‑appellant as under: "Mr. Mahmudul Islam, learned Attorney-­General appearing for the complainant-­petitioner, submits first, that as per section 24(2) of the ......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)

....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. ......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. ......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. ......fied 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, Police Station-Kaunia, District-Rangpur. The said rule arises out of the following facts and circums..

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)

....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:......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:......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:......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)

....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. ......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. ...... GR Case No. 670 of 1998 which was registered in connection with Joydebpur PS Case No. 8(9) of 1998 initiated upon a written first information report lodged on 3‑9­1989 by the then Director General of Bangladesh Agriculture Research Institute (BARI). The police on receiving the written Eja...... So, the case against the appellants was not registered on a petition of complaint before the Court of Magistrate, rather the case was registered by the Officer‑in‑charge of the Joydebpur Police Station on receiving written Ejaher from the then Director General of BARI. This being the po..

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)

....Inter‑ministerial Tender Evalua­tion Committee : 1 Additional Secretary, MoWR1 Joint Secretary, MoWR1 Joint Chief, MoWR1 ADG (O&M‑1) BWDM1 DG (IMED), GoB1 Deputy Chief, ERD 27-1-2003 Processing for Final Approv...... Division in Writ Petition No. 1900 of 2003 making the Rule absolute are hereby set aside and the Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......lso Reported in:...... Division in Writ Petition No. 1900 of 2003 making the Rule absolute are hereby set aside and the Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:..

Category: Others | Date: 10 Dec, 2003 | Hits: 261

Syed Md. Anwarul Haque and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)

.... This Case is also Reported in: 57 DLR (2005) 248.                         ...... This Case is also Reported in: 57 DLR (2005) 248.                         ...... JB Hassan, Advocate-For the Petitioner (In Writ Petition No.8432 of 2002.) Moinuddin, Advocate-For the Respondent No.5 (In Writ Petition No.8432 of 2002). Farah Mahbub, Assistant Attorney-General­-For the Respondents (In all the Writ Petitions). Writ Petition No.5448 of 2002, wi...... 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)

....ved: Abdul Malek Senior Advocate instructed by Sufia Khatun, Advocate‑on‑Record‑For the Petitioner. Abdur Razzaque Khan, Additional Attorney‑General with Helatudidin Mollah, Deputy Attorney‑General and Md Faisal H Khan Assistant Attorney‑General instructed by Mvi Md Wah......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. ...... 45.  Lawyers Involved: Abdul Malek Senior Advocate instructed by Sufia Khatun, Advocate‑on‑Record‑For the Petitioner. Abdur Razzaque Khan, Additional Attorney‑General with Helatudidin Mollah, Deputy Attorney‑General and Md Faisal H Khan Assistant Attorneyâ€......eath of the deceased Khaled in the opinion of doctor was due to shock and hemorrhage as a result 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 pro..

Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122

Kadamtala Purba Basaboo Uchcha Bidalaya & ors. V. Hasna H. Sarker @ Hasna Heba Sarker & others, 2003, 32 CLC (AD)

....r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages. Ed. This Case is also Reported in: ......hereupon the Board directed the school authority to reinstate her and accordingly she went to join on 1‑1‑1993 but the defendant petitioner Nos. 1‑4 did not allow her to join and thereafter the Inspector of the Schools by letter dated 13‑9‑1993 directed tile school authority to allow the p......r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages. Ed. This Case is also Reported in: ......r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209

State Vs. Md. Awal Fakir, 2003, 32 CLC (HCD)

....peal stand dismissed. Cases referred to- Barter Vs. Barter, (1950) 2 All England Reports 458 at page 459; Davis Vs. Davis; Gower Vs. Gower. Lawyers Involved: Md. Helaluddin Molla, Deputy Attorney General with Md. Giasuddin (Mithu), Assistant Attorney­ General ‑ For the State (......had been no eye‑witness to commission of the crime. Prosecution case rested upon circumstantial evidence. In proof of guilt of Md. Awal Fakir foundation was built upon: a. Evidence of PW I Sub-Inspector of Police Md. Faruque Hossain. PW 1 held inquest on the dead body of Rehana Begum and foun......ssed. Cases referred to- Barter Vs. Barter, (1950) 2 All England Reports 458 at page 459; Davis Vs. Davis; Gower Vs. Gower. Lawyers Involved: Md. Helaluddin Molla, Deputy Attorney General with Md. Giasuddin (Mithu), Assistant Attorney­ General ‑ For the State (In all the cases...... her elder sister Tara Begum who called on in the house of one of her relations. 3. Following commission of crime initially, an unnatural death Case No. 56 of 1999 had been registered with Kalia Police Station and, thereafter, a regular Police Station Case had been registered. Md. Awal Fakir ha..

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)

.... 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. ...... 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. ......y been done and the High Court Division send the case back on remand rightly for deciding this issue on merit.  Lawyers Involved:  AJ Mohammad Ali Additional Attorney‑General, instructed by Md. Ahsan Ullah Patwary, Advocate‑on-Record‑ For the Petitioners...... 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

Bangladesh Vs. Dr. Md. Tofajjal Hossain, 2006, 35 CLC (AD)

....ase was maintainable, the appeal is liable to be dismissed. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 59. ......ase was maintainable, the appeal is liable to be dismissed. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 59. ......ants. Vs. Dr. Md. Tofajjel Hossain….......Respondent. Judgment November 10, 2003. Result: The appeal is dismissed. Lawyers Involved: A. J. Mohammad Ali, Additional Attorney-General, instructed by A.K.M. Shahidul Huq, Advocate-On-Record- For the Appellants. Mahmudul Isl......ase was maintainable, the appeal is liable to be dismissed. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 59. ..

Category: Administrative Law | Date: 10 Nov, 2003 | Hits: 164

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. ......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. ......upreme Court Appellate Division (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. Chairm......the store and on his direction an inventory of the medicine in the store was prepared and found that medicine worth Taka 72,541 was missing. A first information report was lodged with Sree Mongal Police Station; the officer‑in‑charge of the Police Station came to the place of occurr..

Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106

Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)

.... 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. ...... 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. ......ate (Probir Neogi, Advocate with him) instructed by Sufia Khatun, Advocate­on‑Record‑For the Appellants (In Civil Appeal Nos. 152 & 155 of 2000). AJ Mohammad Ali, Additional Attorney‑General, instructed by Sufia Khatun, Advocate‑on‑ Record‑For the Appellants (In Civil Appeal N...... 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

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. ......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. ......etting aside the order dated 1‑2‑2003 of attachment of the case land and appointment of a Receiver therein, passed by the learned Chief Metropolitan 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 or......ther 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‑in‑Charge of Boalia Police Station forwarded a copy of GD Entry No.1607 dated 29‑1‑2003 to the Chief Metropolitan Ma..

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)

....ate Division (Civil)  Present: Md. Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J  Government of Bangladesh, represented by the Additional Deputy Commissioner...... Appellant Vs. AKM Abdul Hye and ors.............Respondents......; 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. ......; 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. ......; 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)

....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. ......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. ......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. ......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

Jashimuddin Vs. State, 2004, 33 CLC (AD)

....cted and sentenced.  6. We do not find any infirmity with the impugned judgment for our interference.  The petition is accordingly, dismissed.  Ed.   ......nviction and sentence under section 5 of the Explosive Substances Act, the sentence to run concurrently.  2. The fact leading to the conviction, in short, is that one Sukur Ali, Sub‑Inspector of Police being the informant lodged a first information report with Belkuchi Police Stati......cted and sentenced.  6. We do not find any infirmity with the impugned judgment for our interference.  The petition is accordingly, dismissed.  Ed.   ......sentence under section 5 of the Explosive Substances Act, the sentence to run concurrently.  2. The fact leading to the conviction, in short, is that one Sukur Ali, Sub‑Inspector of Police being the informant lodged a first information report with Belkuchi Police Station on 28̴..

Category: Criminal Law | Date: 26 Oct, 2003 | Hits: 79

Abul Kashem Khan Vs. State, 2003, 32 CLC (HCD)

....rvations made in the body of this judgment. Communicate the order to the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 431. ......rvations made in the body of this judgment. Communicate the order to the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 431. ......€¦Opposite Party Judgment August 27, 2003 Result: The Rule is made absolute. Lawyers Involved: Harunur Rashid, Advocate ‑ For the Petitioner. Alamgir Kabir, Assistant Attorney General ‑ For the Opposite Party‑State. Criminal Miscellaneous Case No. 3384 of 2003. Judg......2 should not be quashed and/or such other or further order of orders passed as to this Court might seem fit and proper. 2. On 27‑11‑2001 the petitioner as informant lodged a FIR with Daudkandi Police Station alleging that on 20‑10‑2001 he, his wife and other members of his family went to ..

Category: Women and Children | Date: 27 Aug, 2003 | Hits: 157