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Syed Salahuddin Ahmed Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....cation Number (TIN) in the name of his company Salahuddin Filling and CNG Servicing Station and obtained permission from Rupantarita Prakritik Gas Company Ltd. for the above purpose. The petitioner also applied to the Uttara Commercial Bank's Mohakhali Branch for opening Letter of Credit for importi......rming him about the order of cancellation, vide letter dated 18-11-1993 (Annexure-C). Soon after, the petitioner filed an application seeking stay of the impugned order on 18-11-1993. Respondent No.2 called for a report from respondent No.6 to ascertain whether 'servicing centre' was feasible on the......y each of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs and the Ministry of Communication. Ed. This Case is also Reported in: 59 DLR (2007) 388. ..Category: Constitutional Law | Date: | Hits: 200
Bonlac Foods Ltd. Vs. Unilac Sanowara (BD) Ltd. & another, 2005, 34 CLC (HCD)
.... the word "Diploma" without any device was registered on 25-8-1991. It is further asserted that Sanowara used its trademark since 1991 whereas Bonlac never used its trademark in Bangladesh. It is also pointed out that the International Business Distribution Officer of Bonlac made a survey of the p......emark 'Diploma' with the device, namely glass of milk with a ribbon around it, is well-founded, particularly in view of the publicity of the petitioner by way of the article in the bulletin/ magazine called 'Bonlink'. For all intents and purposes, the petitioner and the opposite party No. 1 have bee......rks Rules, 1963 ("the Rules"), thus creating confusion amongst the traders and the buyers about the true origin of the goods marketed under the name "Diploma" and resulting in decreasing turnover and loss of goodwill and business reputation of the petitioner. Bonlac further claims that being unaware..Category: Intellectual Property Law | Date: | Hits: 199
Mobarak Hossain alias Jewel Vs. State, 2000, 29 CLC (HCD)
..... 2. Short facts leading to the Rule are, that an inspector of police lodged a first information report against one Subrata Kumar Saha for counterfeiting currency notes and possessing the same and so a case was started against him under sections 25A(a) & (b) of the Special Powers Act, 1974 on...... accused to inspect and thereby to get copy of the aforesaid statements, the answer is in the affirmative. But we feel inclined to view the problem from another angle also. In the instant case we are called upon to decide first as to whether the petitioner is a person charged with accusation. If the......e. We therefore find that the Rule merits no consideration and, as such, it should be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 135. ..Category: Criminal Law | Date: | Hits: 25
N Mohd Engineering Industries Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
.... Chittagong was justified in maintaining the estimate of GP @ 40%. 4. Mr. AFM Ferojuddin Bhuiyan, the learned Advocate appearing for the applicant, submits that the assessee applicant produced all sorts of books of accounts and the supporting papers to explain the return but the Deputy Commission......2 showing loss of Taka 62,97,836 which include loss amount of Taka 5,5 8,424 incurred during the year. In response to notices under sections 83(I) and 79 of the Income Tax Ordinance, 1984 hereinafter called “the Ordinance”, the assessee submitted the necessary books of accounts before the Deputy......llate Tribunal, Chittagong Bench, Bangladesh in ITA No. 2469 of 1993-94 (Assessment Year 1991-92). 2. The assessee applicant company filed income tax return for the assessment year 1991-92 showing loss of Taka 62,97,836 which include loss amount of Taka 5,5 8,424 incurred during the year. In resp..Category: Fiscal/Taxation Law | Date: | Hits: 72
Bhaskar Chakraborty Vs. State, 2006, 35 CLC (HCD)
....rothers Bangladesh Ltd. 4. Police commenced investigation and after conclusion of the same, submitted charge sheet against the accused petitioner under sections 406/420 of the Penal Code and also arrested the accused petitioner. The accused petitioner, after preferring a miscellaneous appli......is Rule under section 561A of the Code of Criminal Procedure, on 18-2-2001, challenging the legality and propriety of the entire proceeding, as aforesaid, and the Deputy Commissioner, Dhaka, has been called upon to show cause as to why the said proceeding should not be quashed. At the time of issuan...... accused petitioner is directed to appear before the trial Court to face trial. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 325. ..Category: Criminal Law | Date: | Hits: 81
Naimuddin and another Vs. State, 2007, 36 CLC (HCD)
.... and Nari-o-Shishu Nirjatan Daman Bishesh Adalat 3, Dinajpur convicting the appellants under section 8(2) of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 and sentencing them to rigorous imprisonment for 14(fourteen) years each with fine of Taka 10,000 (ten thousand) in default to rigorous i......mpany them to the railway station were denied. 10. PW 1 victim Bilkis in her deposition stated that her parents died in her infancy. She used to reside at Farmgate. Accused Naim and one female called Rina brought her to Bihari Colony at Mohammadpur. On 16-5-1997 she along with Hasina alias Be...... appeal is dismissed. The impugned judgment and order of conviction is hereby affirmed. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 314. ..Category: Criminal Law | Date: | Hits: 84
Titas Gas Transmission and Distribution Co. Ltd. Vs. Shams Company and others, 2001, 30 CLC (HCD)
....and interest for its illegal use and occupation of the suit land till date. 3. Defendant No. 1 appeared and resisted suit by filing a written statement denying plaint case. Defendant Nos. 2 to 6 also filed a joint written statement. In their joint written statement, it is mainly stated that avera......unity of hearing to both parties and as soon as within six months, from the date of receipt of the records. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 128.......the plaint; b. the defendant No. 1 is trespasser in the suit land; c. the plaintiff is entitled to a decree for Taka 43 (forty-three) lac only as value of the suit land and compensation for his loss of business or earnings from the year 1982 to December, 1989 and interest on this amount at the..Category: Property Law | Date: | Hits: 31
Eastern Hardware Store Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....erence the applicant raised the following questions for answer by this Court: (1) Whether, in the facts and on the circumstances of the case, the Assistant Commissioner of Taxes was justified to resort to clause (a) of sub-section (4) of section 35 of the Income Tax Ordinance to reject the accoun......d, the learned Advocate appearing for the applicant, submits that the Assistant Commissioner of Taxes was not justified in resorting to section 35(4)(a) of the Income Tax Ordinance, 1984 (hereinafter called the Ordinance) when neither the Deputy Commissioner of Taxes nor the Appellate Additional Com......n favour of the applicant. Accordingly, the questions raised in the reference are answered as above. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 125. ..Category: Fiscal/Taxation Law | Date: | Hits: 65
Mainuddin Vs. State, 2010, 39 CLC (AD)
.... 2. The petition arises out of the following facts. One Md. Sukur Ali lodged a First Information Report (F.I.R.) with the Doulatpur Police Station on 11th April, 2005 against the eight accused persons alleging that on 27th March, 2005 at about 9.30 p.m. accused Linkon and Altaf called away his s......First Information Report (F.I.R.) with the Doulatpur Police Station on 11th April, 2005 against the eight accused persons alleging that on 27th March, 2005 at about 9.30 p.m. accused Linkon and Altaf called away his son Arif Hossain from his residence and thereafter he did not return home. On query ......in maintaining the impugned order. The submissions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 259..Category: Criminal Law | Date: | Hits: 24
Yunus Mia (Md) and others Vs. Bangladesh Krishi Bank & ors, 2001, 30 CLC (HCD)
..... Then the petitioners made an application under Order XXI rule 58 read with section 151 of the Code of Civil Procedure for release of the attached land. Their case is, that Azhar Ali Mirdha, predecessor-in-interest of opposite party Nos. 2 to 9 was owner in possession of 4-12 acre of land. He trans......om attachment has not occasioned any failure of justice. 12. In the result, the Rule is discharged. No order as to costs. The order of stay as granted at the time of issue of the Rule is hereby re-called and vacated. The executing Court is directed to proceed with the execution as usual in accord...... is hereby re-called and vacated. The executing Court is directed to proceed with the execution as usual in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 123...Category: Property Law | Date: | Hits: 27
Mokbul Hossain Vs. Government of Bangladesh & ors., 2002, 31 CLC (HCD)
....midul Haque J .- This Rule was issued calling upon the respondents to show cause as to why the detenu Al-Haj Mokbul Hossain now detained in Dhaka Central Jail, should not be brought before this Court so that it may satisfy itself that he is not being held in custody illegally and without any lawful ......e D) of the supplementary affidavit. At first it is mentioned that the workers and supporters of the detenu assembled in his house at night to prepare plans and strategy in connection with the hartal called by Bangladesh Awami League on 2-12-2001. Next, it is mentioned that during hartal of that day......illegally and as such we find no substance in the Rule and the same liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 118. ..Category: Criminal Law | Date: | Hits: 34
Delower Hossain @ Ali Hossain Bhuiyan Vs. State, 2001, 30 CLC (HCD)
....that she looks like his sister, then he approached her to go with him at his house enabling him to introduce her with his mother and when they reached at Moderga bus stand, the petitioner incited her so that she would not hesitate to go with him, believing in good faith she went with him at Gulistan......o Kabinnama of marriage of the victim cannot be taken into consideration since the victim herself stated in her evidence that the convict petitioner having adopted deceitful means has procured the so-called Kabinnama, and on consideration of the above aspect of the matter it can be said that the kab......ing paragraphs are for the purpose of disposal of the Rule only. In the result the rule is discharged. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 114. ..Category: Criminal Law | Date: | Hits: 37
Md. Makbul Hossain & others Vs. Sree Shibu Pada Dam, 1987, 16 CLC (HCD)
....ed as parties to the aforesaid probate proceeding on the ground that the petitioner No. 1 auction purchased the ease property long ago and obtained delivery of possession through Court and thereafter sold some portion thereof to opposite-party Nos. 2 & 3 and that the petitioners are now in posse......ge has rightly rejected their application. The rule is, therefore, discharged without any order as cost. Mustafa Kamal J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 120. ......of the will. So the learned Advocate submitted that in the facts and circumstances of the case the petitioners ought to be added as parties to the proceeding, otherwise they will suffer irreparable loss and injury. 8. We are unable to accept the contention of the learned Advocate for the petiti..Category: Property Law | Date: | Hits: 54
M.A. Hai and others Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (HCD)
....cers and other employees, the Trading Corporation of Bangladesh has been following the Government Servants (Discipline and Appeal) Rules, 1976, hereinafter referred to as the Rules of 1976. It is also alleged by the petitioners and conceded by the Corporation that upon the repeal of the Rules of 1......en in his absence and on the basis of examining witnesses and recording their statements in his absence and thereby violating the principles of natural justice. 18. In these Rules, however, we are called upon to decide an issue of a larger dimension. We are called upon to decide, as to whether an...... cases. In the result, all the Rules are discharged but without any order as to costs. Mohammad Ismail Uddin Sarker J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 109. ..Category: Employment/Service Law | Date: | Hits: 80
Sonali Bank Vs. Rana Oil Mill and ors., 1999, 28 CLC (HCD)
....lments @ 47,226 each payable in June and December each year, which will start from the 12 month of the date of first disbursement of Any residue to be repaid with the last instalment. The plaintiff also sanctioned a cash credit limit of Taka 3,00,000 payable from Bank’s own fund, against hypotheca......0 is hereby set aside and the suit is also dismissed with costs of appeal and the suit. Send down the lower court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 130. ......s. Rather the defendant has paid instalments even after closing down the mill. The defendant has to close the Mill by retrenching the employees on paying their wages for which he has incurred serious loss. The defendants have so far paid Taka 5, 08,000.00 up to December 1987 from 1985 as instalments..Category: Civil Law | Date: | Hits: 85
.... No. 1, 1A and respondent No. 2 all made appearance by filing affidavits-in-opposition. We have heard the learned Advocate on behalf of the petitioner and on behalf of those three respondents and also the learned Attorney-General. At first, Mr. Abdur Razzaque made his submission in support of th......uld have power to inquire into or try under the provisions of Chapter XV relating to the place of inquiry or trial.
(2) No proceeding of a police-officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under t...... disposed of with the above observations. Send down the record. Communicate copy of this judgment to the respondent No. 3 for compliance.
Ed.
This Case is also Reported in: 54 DLR (2002) 88.
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Category: Anti-Corruption Laws | Date: | Hits: 178
Belal alias Bellal and 2 others Vs. State, 2001, 30 CLC (HCD)
....nd sentence dated 15-9-1996 passed by the learned Additional Sessions Judge, Dinajpur convicting the appellants and another under section 392 of the Penal Code sentencing them to suffer rigorous imprisonment for 10 years and to pay a fine of Taka 1,000 each, in default to suffer RI for 6 (six) month...... put on trial. PW 1 Md. Ketab Ali has deposed in his examination-in-chief that at the relevant time he was a UP member and while he was returning home from Saidpur at about 3-00/4-00 PM Daroga Shaheb called him on Garodangi Bridge from his rickshaw and asked him to put his signature in the seizure-l......, District-Dinajpur be set at liberty forthwith if not wanted in any other connection. Send down the lower Courts records expeditiously. Ed. This Case is also Reported in: 54 DLR (2002) 80. ..Category: Criminal Law | Date: | Hits: 83
Atar Ali Miah (Md) Vs. State and Others, 1999, 28 CLC (HCD)
....adar for Bengali year. 1406 if it is proved that re-tender notification was issued on 19-4-1999 of English Calendar re-inviting bid for the market described in the schedule for the year 1406 BS and also for a declaration that the auction of the defendants acting for the Government is unlawful, illeg...... keeping in view his status as a lessee for the year 1405 BS and also the loss incurred by him as a result of flood. Learned Assistant Judge was not at all required for calling those documents though called for and also to wait for the arrival of the same in disposing of the controversy. The learned......party No. 8 was a lessee for the year 1405 BS who made two applications on 16-3-1999 and 1-4-1999 to Deputy Commissioner praying for lease of suit Hat in his favour for the year 1406 BS adjusting the loss incurred by him in the year 1405 BS. Defendant No.8 gave an undertaking to take lease of suit H..Category: Property Law | Date: | Hits: 34
Farzana Moazzem Vs. Securities and Exchange Commission and others, 2001, 30 CLC (HCD)
....3 dated 1-3-2000 issued by the respondent No. 5, Chief Executive Officer of Dhaka Stock Exchange Ltd., should not be declared to have been issued without lawful authority and of no legal effect and also why respondent Nos. Ito 5 should not be directed to act in pursuance Regulation 7 of the Settleme......oner on 18-1-2000 informed respondent No. 6 of the matter in writing and respondent No. 6 in reply on 20-1-2000 stated that DSE failed to make payment to the account of respondent No. 6 due to Strike called by the Opposition Political Parties. Thereafter on 22-1-2000 the petitioner by another letter...... above terms without any order as to costs. Let copies of the judgment be expeditiously sent to respondents No.1 and 3 for necessary action. Ed. This Case is also Reported in: 54 DLR (2002)66...Category: Business or Commercial Law | Date: | Hits: 210
Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)
....ndents Judgment October 25, 2000. Cases Referred To- Bharat Kumar K Palicha and another vs State of Kerala and others, AIR 1997 (Kerala) 291; AIR 1998 (SC) 1984 and State of Texas vs Johnson, 491 USA 397 (1989) ref. Lawyers Involved: Maksudur Rahman, Advocate — For the Petitione......tion that calling and the holding of what has come to be known as “hartal” is unconstitutional and therefore illegal. In the recent past the opposition parties led by Bangladesh Nationalist Party called hartal on 26-1-99. This hartal was called for 60 hours from 9 February to 11 February 1999 du......vented from keeping open their shops or from carrying on their business activities, the workers are prevented from attending to work in the factories and other manufacturing establishments leading to loss in production.” The organisers of hartal also indulge in wanton acts of vandalism like destru..Category: Constitutional Law | Date: | Hits: 216
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