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Dr. Abdur Rahman and others Vs. Chairman, RAJUK & others, 2005, 34 CLC (HCD)
....an infirm one, and the impugned order suffers from gross illegality, he contends. 7. Mr. Shah Md. Khasruzzaman, the learned Advocate appearing for the defendants-opposite party No. 1, on the other hand, submits that it is true the impugned order is a non-speaking order but that defect itself is n......ed by section 44 of the Ordinance. 9. Thus it appears that the petitioners have failed to establish a prima facie case in their favour for getting an order of injunction. Moreover, we have already noted that the prayer of injunction has become in fructuous as the petitioners are no more in posses..Category: Civil Law | Date: | Hits: 99
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......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...... 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
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...... 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......on Rules, 1981. These petitions are disposed of with the above modification and observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 18, VIII ADC (2011) 95, 8 LG (AD) (2011) 21...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......y-misinterpreted and the Chairman TEC decided to recommend DCL-SBA for award of contract to the concerned Ministry.
6. The writ-respondent No.2 examined the tender evaluation report containing the note of dissent and minutes of the Chittagong WASA Board and decided that the matter related to a la..
Category: Others | Date: | Hits: 164
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......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....... 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......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......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
.... 1995 are set aside. The order of stay of execution of other execution case No.20 of 1985 stands vacated. The executing court is directed to execute the decree as it stands within one month including handing over possession in the suit land in favour of appellants through court.
The office is dir......e No. i, ii, iii and iv together for consideration and decision:-
The plaintiff respondent has examined only one witness to prove his claim. We have gone through the evidence of P.W.1. It is to be noted here that the instant suit being No. 100 of 1995 is the second round legal battle between the ..
Category: Property Law | Date: | Hits: 110
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 ......ithin the ambits of the Constitution, since that punishment would be contrary to the provision of the Constitution as found in Article 35(5) read with Article 6 of ICCPR and Article 5 of the UDHR. We note the submission of Mr. Farooqui that Bangladesh is a signatory to the ICCPR. 29. A number of ..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 ......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...Category: Property Law | Date: | Hits: 73
Habib Bank Ltd. Vs. Eastern Bank Limited and another, 1999, 28 CLC (HCD)
....l be registered if it is otherwise in order. The assistance rendered by the two learned Senior Advocates of the Bar is highly appreciated. Ed. This Case is also Reported in: 52 DLR (2000) 537.......he trial Court and the trial Court accepted the same. With the order of the trial Court when the Memorandum of Appeal was presented before the Stamp Reporter of this Court, Stamp Reporter has given a note on 25-5-1999 stating that the 50% of decretal amount was filed in the trial Court by Bank Guara..Category: Civil Law | Date: | Hits: 87
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......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......entary affidavit-in-opposition learned Advocate for the petitioner submits that this Annexure X(1) containing the grounds of detention was also not served upon the detenu, and it is manifest from the notes at the bottom of the Annexure X(1) which purported to say that the same was offered to the det..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. ...... (ii) any person authorised by the Bangladesh Bank in this behalf shall act as such chairman or director or chief executive of the banking company.” 4. It is interesting at the very outset to note that in section 46(1) the words “সুস্পষ্ট হয়” have been used but in the..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......e also hold same view that as the Sessions Judge had no jurisdiction to try the case, there was no trial at all and as there was no trial, the question of retrial does not arise. It is interesting to note that, in this reported case, the Court made the following observation: “We may observe tha..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......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
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