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Sushovan Guha and others Vs. Mahbubul Mannan Chowdhury and others, 2005, 34 CLC (HCD)
....s that the petitioners have filed the revisional case in order to delay the trial of the suit and to cause harassment to the other parties and thus the petitioners have not come to Court with a clean hand. 24. The crux of the instant case is whether the learned Additional District Judge can issue......by the learned District Judge, Chittagong, for the selfsame application for stay. 2. The petitioners as plaintiffs instituted the other Suit No. II of 2002 on 2-3-2002 for the declaration of title over the 'Kha' scheduled land and the plaintiffs filed a separate application on 17-6-2002 for a tem......s directed to dispose of the revisional application within 2(two) months from the date of the receipt of this order. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 100...Category: Procedural Law | Date: | Hits: 77
Abdul Mannan alias Mona Miah Vs. State, 2002, 31 CLC (HCD)
....that Chowkider took the dead body. 22. This is all the evidences adduced by the prosecution. The defence examined 3 DWs. 23. DW 1 is Md. Shahabuddin. He stated that he was serving in the Dhaka Chand Textile Mills Ltd, Narayanganj and he is the brother of the condemned-prisoner Abdul Mannan and......………………Respondent. Judgment August 21, 2002. Cases Referred to- State Vs. Abul Kalam, 5 BLC 230; State Vs. Eunnus Kha, 5 BLC 253; the State represented by the Solicitor to the Government of the People's Republic of Bangladesh Vs. Md. Shafikul Islam alias Rafique and another, 4...... of Additional Sessions Judge, and Nari-o Shishu Nirjatan Daman Bishesh Adalat No. 2, Noakhali for necessary action in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 91. ..Category: Criminal Law | Date: | Hits: 96
Government of Bangladesh Vs. Helal Jute Press Ltd. and others, 2009, 38 CLC (AD)
....nt for release of the goods of the company. The taking over was challenged by filing writ petition No.352 of 1974 and the Rule obtained therein was made absolute on 12-03-1975. The Government did not handover the possession of the company to the respondent No.2, the Managing Director of the Company ......I ADC (2011) 376, 31 BLD (AD) (2011) 86. ......dent No.2 left the country temporarily and that by Gazette Notification No.290 dated 28-12-1971 issued by the Ministry of Commerce under the Acting President Order No.1M-35/71/ B dated 26-12-1971 the management of the company M/S Helal Jute Press Ltd. was taken over, though the company is a Banglade..Category: Property Law | Date: | Hits: 128
Jahangir Alam (Md.) and another Vs. Md. Shamsur Rahman Sarder & others, 2010, 39 CLC (AD)
.... his petitions are awaiting decision, he was served with a notice by the writ respondent No.2 of dispossession for implementation of judgment in Writ Petition No.165 of 1998, and he was directed to hand over possession to the Kanoongo which compelled him to institute writ Petition No.408 of 2002......2. The dispute relates to a piece of land appertaining to SA Khatian No. 955 of S.A. Khatian No.542 measuring an area of 16 decimals, situates at Bara Moghbazar, Dhaka. The parties are at loggerheads over the ownership of the said land and legal proceedings cropped up since 1961. One Shamsul Huda ...... Appeal No. 271 of 2003 is disposed of in the terms of the judgment in C.A. No. 270 of 2003. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 22, 8LG (AD) (2011) 65, 31 BLD (AD) (2011) 52. ..Category: Property Law | Date: | Hits: 71
Government of Bangladesh and others Vs. Kamrun Nahar and 5 anothers, 2010, 39 CLC (AD)
....have been regularized from the date of regularization of their services, which is in accordance with law. 5. Mr. Mahmudul Islam, learned Senior Counsel, appearing for the respondents, on the other hand, contends that the seniority of the writ petitioners would be decided as per Rule 8 of the Teac......ed in: 16 BLC (AD) (2011) 18, VIII ADC (2011) 95, 8 LG (AD) (2011) 21.......with retrospective effect or and from 01.02.1978. On perusal of the record it appears that almost all the petitioners of all the writ petitions were appointed in the respective colleges under private management before promulgation of Absorption Rules, 1998. Thus we cannot but to hold that petitioner..Category: Employment/Service Law | Date: | Hits: 91
....L-SBA Associates also stood good for EPI-BFEW Consortium. The learned Advocate further submitted that from decision No.2 that it is totally flawed, self-contradictory and motivated because on the one hand, the review panel asked the procuring entity to re-evaluate the proposal of EPI-BFEW and, on th......s a reputed contractor of water Treatment Plant and it has been working with Titas Gas T&D Co. Ltd. and Bakarabad Gas System Co. Ltd. Under Petrobangla and Roads and High Ways, and various other government and non-government organizations for a long time. The writ respondent No.5 Project Direc......ts.
The impugned judgment and order passed by the High Court Division making the Rules absolute are set aside.
Ed.
This Case is also Reported in: 16 BLC (AD) (2011) 9, VIII ADC (2011) 146.
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Category: Others | Date: | Hits: 164
Yusuf Jamil Babu Vs. Bangladesh and others, 2009, 38 CLC (AD)
....he Government under Bangladesh Textile Mills Corporation (BTMC). In the year of 1982, the Government decided to denationalize the same in favour of its previous owner and accordingly, the Company was handed over to the present management on 24.12.1982. As per rules, a director of a Company may be tr......n the date of scrutiny on 17.12.2008, the nomination paper of the petitioner was cancelled by the Returning Officer on the ground of being loan defaulter under Section 16(2) (ঘ) (ঙ) of the Local Government (Upazila Parishad) Ordinance, 2008. The petitioner being aggrieved by the order of the Ret......as a Public Limited Company. The father of the petitioner was one sponsor Director of the Company. After independence of Bangladesh, the Company was nationalized by the Government and the control and management of the Company was vested with the Government under Bangladesh Textile Mills Corporation ..Category: Election Law | Date: | Hits: 116
Islami Bank Bangladesh Ltd. Vs. Shohag Medicine Supply and others, 1998, 27 CLC (HCD)
....the basis of calculation of the damages is there in the agreement. But the trial Court overlooked it. 6. Mr. Mahmudul Islam, the learned Counsel appearing on behalf of the respondent, on the other hand, submits that for getting damages there must be evidence that the plaintiff suffered loss and d......accepted Taka 1,60,000.00 on condition of paying of Taka 1,75,925.00. The difference is calculated as profit. So the basis of calculation of the damages is there in the agreement. But the trial Court overlooked it. 6. Mr. Mahmudul Islam, the learned Counsel appearing on behalf of the respondent, ......e plaintiff bank will be at liberty to realise the amount through the process of the Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (2000) 571. ..Category: Banking Law | Date: | Hits: 199
Shah Alam and others Vs. State, 2000, 29 CLC (HCD)
....her Exhibits-5 and 6 respectively. This P.W. further proved the confessional statement of accused Ali Mia (not appellant before us) recorded by Magistrate, First Class, Asadul Islam, after seeing his hand-writings and signatures thereto. She proved the confessional statement and the signature of the......e to the file of the present trial Court who on the basis of materials available on record framed charge against the accused-appellants and others under sections 395/397 of the Penal Code and read it over to the accused persons in dock who pleaded not guilty and demanded trial. 5. The prosecution....... Send down the LC records along with a copy of this judgment to the Trial Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 52 DLR (2000) 566. ..Category: Criminal Law | Date: | Hits: 67
Concord Engineers Construction Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....d the interest on the ground that had the applicant not advanced loans to other sister concerns, there would have been no need for the applicant company to borrow money for its business. On the other hand, the Appellate Tribunal maintained that order on the ground that the assessee company is a busi......ent of interest on borrowed capital and in arriving at that finding he has specifically observed that on the day when the loans were advanced by the assessee company to third parties they were fully covered by the companies capital and other liabilities than the said Bank loan and the learned Senior......stions raised in these references in the negative and in favour of the assessee applicant. The parties are left to bear their own cost. Ed. This Case is also Reported in: 52 DLR (2000) 562. ..Category: Fiscal/Taxation Law | Date: | Hits: 135
Bally Schutrabriken Ag, Switzerland Vs. Hosnara Begum, 1999, 28 CLC (HCD)
....Karachi 92, PLD 1968 Karachi 369, PLD 1959 (WP) Karachi 154, PLD 1962 Karachi 355, 1951 PC 108. 5. Mr. Gazi Md. Neamat Hossain, the learned Advocate appearing for the respondent No.1, on the other hand, submits that the proprietorship of a mark is acquired by two ways either by user or by registr......ound that the appellants trade mark had no user in Bangladesh at any point of time nor the same was registered in Bangladesh under the Act and as such there was no question of deception and confusion over the mark. It is observed by the learned Registrar that rights of property in trade mark is acqu......ined to interfere with the impugned judgment and order. The Court fees paid are correct. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 52 DLR (2000) 546. ..Category: Intellectual Property Law | Date: | Hits: 210
Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)
....nce which called for the death penalty. Murder is a very abhorrent act, but still there are citizens who will say that instead of giving the death penalty life imprisonment may be given. On the other hand, there will be citizens who will say that the facts and circumstances of the case dictate that ...... Imman Ali J Sheikh Abdul Awal J Bangladesh Legal Aid and Services Trust (BLAST) and another ..........Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, Dhaka and others ...............a copy of this judgment be communicated at once. Sheikh Abdul Awal J. - I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 194; 15 MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ..Category: Criminal Law | Date: | Hits: 128
Ershad Ali Vs. State, 2000, 29 CLC (HCD)
.... Judgment MA Aziz J.- This appeal calls in question the propriety of the order dated 7-3-2000 passed in Special Tribunal Case No.2 of 2000 by the learned Sessions Judge and Special Tribunal No.1, Chandpur refusing to enlarge appellants Ershad Ali and Abul alias Choto Abul on bail. 2. Chandpur ......started fleeing away from their place of assembly. The appellants were arrested and brought back to the: place where they were found waiting and as many as 5 kirizes, one chapati and 2 knives were recovered from their possession. 4. Mrs. Umme Kulsum Rekha, learned Advocate for the appellants subm......n of the District Magistrate, Chandpur. The learned tribunal will however be at liberty to cancel bail if there is any misuse of the same. Ed. This Case is also Reported in: 52 DLR (2000) 544...Category: Criminal Law | Date: | Hits: 38
Shakainath Mohanta Vs. Md. Tatikuddin Mondal and others, 1999, 28 CLC (HCD)
....ate Judge erred in law in not taking a lenient view on the matter and the same has occasioned failure of justice. 10. Mr. Shahidul Islam, the learned Advocate for respondent Nos.1 -3, on the other hand, submits that in view of the fact that the death of defendant No.14 Nur Mohammad was known to t......hin 6 months from date of the receipt of this order. Communicate the order of the Court to the learned Subordinate Judge, Noagaon at once. Ed. This Case is also Reported in: 52 DLR (2000) 541.......hin 6 months from date of the receipt of this order. Communicate the order of the Court to the learned Subordinate Judge, Noagaon at once. Ed. This Case is also Reported in: 52 DLR (2000) 541...Category: Property Law | Date: | Hits: 73
Foto Fast Color Lab Vs. Bangladesh & others, 2000, 29 CLC (HCD)
....that fictitious and arbitrary claim of Taka 1,98,316.00 was made on the basis of imaginary average monthly amount of VAT at Taka 19,877/81. 9. The learned Deputy Attorney-General could not lay his hand on any provision of law in the VAT Act to show that the authority could make such arbitrary dec......tter of fact on perusal of the same in Annexure-D it is very much clear that on the fact of the matter the same was a demand simpliciter claiming Taka 1,98,316.00 due from the petitioner for alleged government revenue. 7. From the aforesaid sequence of event it can be concluded that the petitione......onsequent right of the parties to proceed in accordance with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 533...Category: Fiscal/Taxation Law | Date: | Hits: 139
Mehnaz Sakib Vs. Bangladesh, 1999, 28 CLC (HCD)
.... supplementary affidavit stating the circumstances under which the detenu was arrested and was not served with the initial order of detention on the grounds of detention. The respondents on the other hand filed a supplementary affidavit-in-opposition annexing the initial order of detention and the g......azlul Haque J Md. Abdul Matin J Mehnaz Sakib……………Petitioner Vs. Bangladesh…………..Respondents Judgment May 30, 1999. Cases Referred To- Abdul Latif Mirza Vs. Government of Bangladesh and others, 31 DLR (AD) 1; Md. Anwar Hossain Vs. Government of Bangladesh, 3......se the detenu Mrs. Jobaida Rashid now detained in Dhaka Central Jail, Dhaka forthwith if she is not wanted in connection with any other case. Ed. This Case is also Reported in: 52 DLR (2000) 526...Category: Criminal Law | Date: | Hits: 64
Abdur Rahim Chowdhury Vs. Bangladesh Bank, Dhaka and others, 1997, 26 CLC (HCD)
....n the prayer of the petitioner let the operation of the order be stayed for 4 days to enable the petitioner to move the Appellate Division. Ed. This Case is also Reported in: 51 DLR (1999) 231. ......l filed by the petitioner. In compliance of the said direction the Board of Directors of Bangladesh Bank heard the appeal of the petitioner and by a decision dated 25-3-97 upheld the decision of the Governor of Bangladesh Bank suspending the petitioner under section 46(2) of the Bank Company Act, 19......eing based only on one transaction i.e. financing of JAS Distilleries cannot be of such importance after a long lapse of more than two years as to warrant an interference by the Central Bank into the management of a private bank when there is no sign of any harm to any interest of the public or depo..Category: Employment/Service Law | Date: | Hits: 79
Ekramul Huq @ Bachchu and another Vs. State, 1999, 28 CLC (HCD)
....repealed by a fresh legislation in 1995 and, as such, there is no scope of holding any fresh trial for the offences committed under that Ordinance. The learned Assistant Attorney-General on the other hand, has submitted that as the offence committed is an offence committed under Cruelty to Women (De...... cannot pass an order for re-trial. 9. We are of the view that the facts and circumstances of the above two reported cases are different from the facts and circumstances of the case before us. Moreover we have no intention to pass any order for retrial. In the facts and circumstances of the prese......ribunal may consider the question of granting bail to the accused persons if such application is made. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) 219. ..Category: Criminal Law | Date: | Hits: 90
Amora Holding Inc. Vs. Bangladesh, 1998, 27 CLC (HCD)
....re no material either before the Collector of Customs or before the appellate authority, i.e. Member NBR, to show that the vessel was arrested within the customs water of Bangladesh and, on the other hand, in the charge, framed in Special Tribunal Case No.69 of 1987, Annexure-N, it was the case of t......Member National Board of Revenue by order dated 28-1-88 (Annexure-K) set aside the aforesaid order dated 4-6-87. Thereafter revision, under section 196B of the Customs Act 1969, was initiated by the government against the aforesaid order dated 28-1-88 which was heard by respondent Nos. 1, 2 and 3 by......llowed. The office is directed to return the above certified copies alter furnishing of the Photostat copies of the same by the petitioner. Ed. This Case is also Reported in: 51 DLR (1999) 211. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....30); Associated Provincial Picture Houses Ltd. Vs. Wednesbury Corporation (1948 1K B 223); Education Secretary Vs. Tameside Council (1977 Ac 1014); Lazarus Estates Ltd. Vs. Beaseley 1956 1QB 702; Jaichand Vs. West Bengal (AIR 1967 SC 483); Shearer Vs. Shield 1914 AC 808). Lawyers Involved: Abd......ury J Shah Abdul Hannan and others ………………………………………………Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Energy and Mineral Resources,Government of Bangladesh, Bangladesh Secretariat, Segunbagicha, Dhaka and others…………………...... until and unless broader consensus is reached through public debate, should be assured, formulation of a national policy through the Parliament, addressing all the concerns expressed on the issue of management of oil and g as resources of the country, should be expedited. 23. The respondents fi..Category: Constitutional Law | Date: | Hits: 231
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