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Badrud Doza (alias Momin) (Md.) Vs. State, 2006, 35 CLC (HCD)
....strate, Dhaka rejecting the prayer for bail. 2. The facts involved for disposal of the Rule are as follows: 3. The prosecution case, as alleged in the first information report, was that one Dipak Chandra Gupta, Assistant Police Superintendent C1D Interpol, Dhaka lodged a first information report ......later on. The learned Counsel also took us to the petition of retraction of the confessing accused and showed us the way the confessional statement was obtained by the police. He also requested us to note the relevant part of the application, which was as follows: সর্বমোট ২০ দ..Category: Criminal Law | Date: | Hits: 64
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....received by KEB at 9:00 AM on Monday that is 5‑7‑1993 because of the fact that the banks in Korea remained closed from 1:30 PM on Saturday until 9:00 AM of Monday. The branch office of KEB that handled the matter received the telex on Tuesday, that is 6‑7‑1993. First defendant on behalf of......ease mark your records and confirm by return tested telex accordingly." 158. In reply telex dated 23‑7‑1993 the CB wrote to the ABBL that "We confirm that we marked our records. Pls note however that we did not confirm the subject L/C as confirmation charges were not paid by benefi..Category: Business or Commercial Law | Date: | Hits: 289
.... In the result, the Rule is discharged without any order as to costs and the order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 58 DLR (2006) 517.
......t the bottom of the 2nd page of the deed in the seal of the Notary Public it appears that there was an over-writing on the date 31-8-2002 which was deleted and replaced by 5-11-2002. It is strange to note there is no date of purchase of the stamp paper on which the deed of the Power of Attorney was ..
Category: Business or Commercial Law | Date: | Hits: 251
Dr. Md. Abu Obaidah Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
....s under the definition employee of the said company. Therefore, he should be given exemption on house rent allowance. 7. Mr. Kazi Waliul Islam, the learned Assistant Attorney-General, on the other hand, by referring to Rule 33(3) (b) of the Income Tax Rules, submits that the assessee being admitt...... the learned Advocate for the applicant. Thus, question Nos. (iii) and (iv) are also decided in the affirmative in favour of the Department. Ed. This Case is also Reported in : 58 DLR (2006) 515...Category: Fiscal/Taxation Law | Date: | Hits: 91
Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....l FV Shin Fa Chern # 20 with 13 crews were arrested by the Bangladesh Navy and the case was started in the Patenga Police Station being No. 10 dated 24-9-2000. Thereafter, on 30-9-2000 the vessel was handed over to the Marine Fisheries Department by the Bangladesh Navy as nobody claimed the vessel. ......n 14th October, 2000 he came to Bangladesh and made a representation to release the vessel and the crews on 16th October, 2000. On the basis of the representation the Embassy of China issued a verbal note being No. BC 131/00 to the Government of Bangladesh in the Ministry of Foreign Affairs endorsin..Category: Admiralty Law or Maritime Law | Date: | Hits: 221
Ashique Jeans Apparels Ltd and another Vs. National Board of Revenue and another, 2005, 34 CLC (HCD)
....is not actually done. In this context, he submits that the respondents committed illegality in issuing the impugned orders which are liable to be declared without lawful authority. 9. On the other hand, Mr. Kazi Waliul Islam, the learned Assistant Attorney-General appearing on behalf of the respo......holiday within 180 days of commencement of commercial production has not been fulfilled. The petitioners stated in the writ petitions that the National Board of Revenues on receipt of the application noted in the file on 25-9-2000 that the application was filed within 180 days as stipulated in secti..Category: Fiscal/Taxation Law | Date: | Hits: 93
Abdur Rahim Chowkider @ Abdur Rahman Sheikh Vs. Raji Haider and others, 2006, 35 CLC (HCD)
....iable to be set aside. In support, he cited 6 MLR 199, Abul Quashem and another Vs. Hafizur Rahman and others. 18. Mr. Sadananda Rana learned Advocate for plaintiffs-opposite parties, on the other hand, submits that both the courts below decreed the suit as prayed for and such decree is now bindi...... decree affirming those of trial Court decreeing the suit are hereby set aside and the suit is dismissed. Send down the record at once. Ed. This Case is also Reported in: 58 DLR (2006) 470. ..Category: Property Law | Date: | Hits: 79
Abu Musa Kutub (Md.) Vs. Secretary, Election Commission and others, 2005, 34 CLC (HCD)
....ion of age is a disputed question of fact which cannot be decided in a Writ petition. The principle expressed in the case referred to above fully applies in the facts and circumstances of the case in hand. 17. In fact, the question of determination of age of a person is a highly contentious issue...... is discharged. The interim order passed at the time of issuance of the Rule, is herby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 450. ..Category: Election Law | Date: | Hits: 87
....lated in the National Assembly of Bangladesh. There was no suggestion that the petitioners had any ulterior motive in filing the instant writ. We also do not consider them as busybodies. On the other hand, in view of the wide berth given to the meaning of the phrase 'person aggrieved' in the case of......the symmetrical scheme of the complex in its totality. On the contrary, such a positioning would have balanced the existing residential layout, leaving the recreational garden and court intact. Be it noted that the impugned project has been located in what might be termed as the 'frontal aspect' of ..
Category: Environmental Law | Date: | Hits: 484
Nazrul Islam (Md.) and another Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....e the arbitration clause in the contract, the present writ petition is maintainable. 6. Mr. Mrinal Kanti Biswas, learned Advocate appearing on behalf of respondent Nos. 1, 4, 6 and 7, on the other hand, submit that the present Writ petition is not maintainable as there is scope for arbitration fo......ent that the petitioners can still vindicate their grievance through arbitration as contained in the contract. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 431...Category: Business or Commercial Law | Date: | Hits: 186
Abdus Sattar @ A. Sattar @ Sottar Vs. State, 2006, 35 CLC (HCD)
.... night he along with his wife Nandita were sleeping in their house when the informant's elder brother Jenu Lal Barua went out to respond to the call of nature at about 12 in the night with a torch in hand and had seen Kanu Barua, Kazal Barua and Kazal Barua's cousin and other 15/20 persons rented by......ion with any other case. He is also discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 415, 26 BLD (HCD) (2006) 351...Category: Criminal Law | Date: | Hits: 59
State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)
....……………………………………..Petitioner Vs. Mokammel Hyeath Khan…………………………………Respondent. Judgment March 1, 2006. Cases Referred to- Paran Chandra Barai Vs. State, 6 BCR (AD) 225; State Vs. Faruqur Rahman and Others, BLT's Special Issue 200...... was injured. 4. Abdominal aorta lower part was perforated. The abdominal cavity was full of blood (about 3 liters of blood) 5. Peritoneum was injured. 6. Duodenum is injured. 42. He also noted that one deformed bullet of a rifle firearm was recovered from abdominal cavity and handed it ..Category: Criminal Law | Date: | Hits: 236
Alauddin (Md.) Vs. State and others, 2005, 34 CLC (HCD)
.... others, 1986 BLD (AD) 261 = 38 DLR (AD) 246, Ghulam Mustafa Vs. Abdul Karim and others, 16 DLR (WP) 27; Saber Ahmed and 30 others Vs. Amir Hamja and 6 others, 31 DLR 169; Md. Shamsul Alam Vs. Kanak Chandra Shomee and another, 31 DLR (AD) 150; Nader Ali Sheikh Vs. State and others, 35 DLR 180; Md. A......in that dale and also agreed that they will not ask for any adjournment until it is required on emergency. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 364...Category: Criminal Law | Date: | Hits: 55
Firoz Hossain Shah (Md.) Vs. State, 2005, 34 CLC (HCD)
....used petitioner, as such, for ends of justice, the aforesaid case is liable to be quashed. 3. Mr. Md. Shafiquel Islam Siddique, learned Advocate appearing for the opposite party No.2, on the other hand, submits that the petition of complaint disclosed sufficient ingredients for prosecuting the ac...... in the Court of Magistrate, First Class, Rangpur is quashed. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 58 DLR (2006) 361. ..Category: Criminal Law | Date: | Hits: 46
Abdul Mazid (Md.) Vs. State, 2006, 35 CLC (HCD)
.... the accused the neighboring witnesses nished there and saw the injured condition of the deceased with profuse bleeding and they also had seen accused Mazid to go out of the house with a knife at his hand and subsequently, he fled away by throwing the dagger near the place of occurrence. Subsequentl...... However, imposition of fine shall remain unaltered. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 355...Category: Criminal Law | Date: | Hits: 93
Abdus Salam (Md.) Vs. Deputy Registrar of Trade Marks and others, 2005, 34 CLC (HCD)
....TM-5 stating, inter alia, that they are the internationally reputed manufacturers and merchants of men, women and children clothing’s, including sport and casual wear, shirts, pants, skirts, socks, handkerchiefs, coats, rainwear, jacket slippers, sandals, shoes and headgear and all these goods hav......ther reported in 57 DLR 93 as has been relied upon by Mr. Sayyid Hossain and Mr. Ohiullah. 24. In the background of the submissions of the learned Advocates for the respective parties as have been noted hereinbefore, let us now see the facts of the respective appeals as well as the evidence adduc..Category: Intellectual Property Law | Date: | Hits: 189
Ismail Howlader and others Vs. State, 2006, 35 CLC (HCD)
....Lokman and Nasir's mother (PW 5) reached the place and found that during the said altercation appellant Ali Akbar firstly dealt a blow with the wooden row (বৈঠা) which Nasir resisted with his hand. But Azim instantly dealt a fist blow on Nasir. As a result Nasir fell down. On seeing these, i......esence of Waliur. So even if we ignore the childhood of Waliur, his participation has not been proved beyond reasonable doubt and therefore he cannot be found guilty of the charge. 49. It is to be noted that, according to the charge-sheet, accused Waliur Rahman was a boy of eleven and half years ..Category: Criminal Law | Date: | Hits: 43
Nil Sen Singh Vs. Radha Mohan Singh and others, 2006, 35 CLC (HCD)
....namely, Brojadhon, Kunjaya, Raja Singh and Nimai Singh as his heirs; that thereafter Raja Singh died leaving only son the plaintiff; that Nimai Singh died leaving 2 sons namely, Babaissena Singh and Chandra Mohan Singh; that Brojadhan Singh died as a bachelor; that in this way Kunjaya obtained 1/3 r......tle Suit No. 2 of 2003 is set aside. The judgment and decree dated 30-1-2003 of the trial Court is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 329. ..Category: Property Law | Date: | Hits: 75
Noorjahan Ahmed and others Vs. Tarifuddin Ahmed, 2003, 32 CLC (HCD)
.... Ahmed and others………………….Appellants Vs. Tarifuddin Ahmed………………………………………Respondent. Judgment August 12, 2003. Cases Referred to- Upendra Chandra Rishi and others Vs. Sufia Begum and others, 42 DLR (AD) 285; Kedar Mull Agarwala and another......ps for reconstruction of the record of the other suit No. 105 of 1983. There shall be no order as to cost. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 326...Category: Property Law | Date: | Hits: 83
Abdul Khaleque Vs. Hazera Begum and another, 2006, 35 CLC (HCD)
....he offence is punishable with imprisonment for not more than two years. In fact, that restriction is applicable only to the provision in section 4 relating to conditional discharge, etc. On the other hand, section 5 provides for power of Court to make a probation order in certain cases. This provisi......ith a copy of this judgment at once. Let a copy of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs. Ed. This Case is also Reported in: 58 DLR (2006) 322...Category: Criminal Law | Date: | Hits: 97
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