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Mojibur Rahman (Md.) and others Vs. State, 2012, 41 CLC (HCD)
....al Judge, Dhaka and also to the Chairman of the Anti-Corruption Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36. ......d b) whether the signature on the third nomination letter was a forgery…....................(24) The IO failed to examine sufficiently the relevant persons and documents pertaining to the principle legal issues of the case prior to submitting his investigation report, and therefore furth......te and contradictory. The two vital issues of the case were - a) the authenticity of the surplus status of the 11 accused petitioners and b) whether the signature on the third nomination letter was a forgery…....................(24) The IO failed to examine sufficiently the relevant pers......al Judge, Dhaka and also to the Chairman of the Anti-Corruption Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36. ..Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9
Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)
....riminal Revision No.54 of 1996 is set-aside and quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ......riminal Revision No.54 of 1996 is set-aside and quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ......1898 (Act No. V of 1898); section 561A Inherent power of the High Court Division The inherent power of the High Court Division as mentioned under section 561A of the Code can be exercised only for either of the three purposes specifically mentioned in the section which are, firstly, to give......iminal Revision No.54 of 1995 being illegal be set-aside and the Judgment and order of acquittal dated 29-08-1995 in GR Case No.54 of 1996 be confirmed. 12. The only question that survives for the determination in this case is whether the inherent power under section 561A of the Code of Criminal ..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117
Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
.... appreciation of law and fact do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 624. ...... behalf of the petitioner that the New Nation Printing Press was not the successor establishment of the New Nation Publications Limited and held that this was a defence plea which as per well settled principle was to be decided on evidence before the trial Court and it was not at all ground for quas......e Petitioner. Abdur Razzaque Khan, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record—For Respondent No.1. Not represented-For Respondent No.2. Criminal Petition for Leave to Appeal No.113 of 2010. (From the judgment and order dated 18.02.2010 passed by the...... appreciation of law and fact do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 624. ..Category: Labour and Industrial Law | Date: 4 Mar, 2012 | Hits: 238
Nobendu Das alias Ronju Vs. State, 2012, 41 CLC (HCD)
....cquitted of the charge and be set at liberty forthwith, if otherwise not wanted. Send down the lower Court's record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:......vides punishment only for infliction of grievous injury on demand of dowry, but the Ain does not provide anywhere any punishment for infliction of simple injury on demand of dowry. It is the cardinal principle of interpretation of statute that provisions of any penal law or that of any special law s......l Miscellaneous Case No.10245 of 2005. Judgment Md. Ruhul Quddus J.- This Rule at the instance of a convict was issued on an application under section 561A of the Code of Criminal Procedure for quashment of judgment and order dated 26.5.2003 passed by the Nari-o-Shishu Nirjatan Damon Tribu......cquitted of the charge and be set at liberty forthwith, if otherwise not wanted. Send down the lower Court's record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:..Category: Women and Children | Date: 29 Feb, 2012 | Hits: 168
Dream Land Properties Ltd. Vs. Hazi Abdul Wazed and others, 2012, 41 CLC (AD)
....is remanded to the High Court Division for disposal of the appeal on merit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 67. ......is remanded to the High Court Division for disposal of the appeal on merit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 67. ......on and also to reduce the docket. It cannot be said that the evidence on record are not sufficient to determine the suit finally in the absence of expert's opinion. If it requires an expert's opinion for ends of justice, the High Court Division may obtain such opinion for the purpose of effectually ......e trial Court on the reasonings that since the defendant denied the execution of the agreement, the deed of agreement being the sheet anchor of the suit; the disposal of the suit depends upon the determination of the genuineness of the deed of agreement; that the learned judge of the trial Court..Category: Procedural Law | Date: 19 Feb, 2012 | Hits: 147
....one should immediately pay, if not paid already, the fees, charges and VAT to the concerned authorities in accordance with law.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 401.
......one should immediately pay, if not paid already, the fees, charges and VAT to the concerned authorities in accordance with law.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 401.
......otal consideration value. It is never deducted like advanced income-tax or income-tax from the income. In whichever stage one deducts and pays VAT, he has to deduct it after addition of VAT and not before addition. .......(39)
Constitution of Bangladesh, 1972
Article 102
......the Government may determine procedure and fees for renewal of licence in absence of Rules and Regulations in this regard. This section has confined the power of the Government only in respect of the determination of procedure for renewal and renewal fees. However, while approving the Guideline in q..
Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15
....rade mark No.31112 in Class -32 for the Trade Name "FROOTI", in accordance with law.
However, there shall be no order as to costs.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 730.
...... that there is no confusion regarding the production of the Gawa Ghee."
34. Their lordship in the Appellate Division in the Case of BCIC Vs. Sattar Match Works reported in 44 DLR (AD) 208 laid the principle as to refusal to register similar trademark by registrar in the following language:
"Re......hamsud Doulah, Advocate - For the Respondents.
Trademark Application No.1 of 2011.
Judgment
AFM Abdur Rahman J. - This application, under section 42 of the Trade mark Act 2009, praying for rectification of the Register of Trade marks by removing the registered Trade mark No.31112 in c......rade mark No.31112 in Class -32 for the Trade Name "FROOTI", in accordance with law.
However, there shall be no order as to costs.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 730.
..
Category: Intellectual Property Law | Date: 12 Feb, 2012 | Hits: 91
Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)
....n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ......his Constitution. (2)............................ 11. The learned Advocate also refers to Article 8 (2) of the Constitution which reads as:— (1)..................... (2) The principles set out in this Part shall be fundamental to the governance of Bangladesh, shall be appli......ssed by the learned Sub-ordinate Judge, Additional Court and Artha Rin Adalat No. 2, Dhaka in Title Suit No. 155 of 2001. 2. During pendency of the appeal when the matter was brought in the list for hearing at that stage an application for recording a decree on compromise was filed before ......n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ..Category: Property Law | Date: 7 Feb, 2012 | Hits: 4
Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)
....ed in the course of a sudden quarrel and not being a premeditated act, we would like to consider the question whether confirmation of the death sentence contravened any recognized principle guiding the High Court's discretion to confirm". The Supreme Court noticed that the co......; 5. I would like to point out here that the principle of pleading guilty is not applicable to a case the offence of which is punishable to death......lip;…............................Respondents (In both cases) Judgment February 1, 2012. Result: The appeal is dismissed commuting the sentence of death to imprisonment for life. Conversion of the Conviction There is no scope on the part of the High Court Div......mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ..Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....bdul Wahhab Miah J. I agree with the reasoning and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33. ......found in chapter III, whereas, section 56 is found in Chapter VI under the heading ‘Transfer of Waqfs Property.' These two chapters provide for two distinct purposes. It is established principle that the duty of the Court is to effectuate the purpose of an enactment and not to defeat ......rt of waqf property in perpetuity with prior sanction of the Administrator. The language used in this section is so explicit that the mutawalli can exercise the right of transfer by way of lease for a period exceeding 5 years with prior approval of the Administrator. The words and figure &......ers and Functions of the Administrator and the Committee" like saplings in a row. Section 27 relates to the general powers and functions of the Administrator which include investigation and determination of the nature and extent of Waqfs and waqf properties, inspection of accounts, returns..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
.... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ...... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ......posed of. The word judgment is not defined in the Arbitration Act. Order XX, rule 4(2) of the Code requires that judgments of all Courts shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision. Section 17 of the Arbitr......d of. The word judgment is not defined in the Arbitration Act. Order XX, rule 4(2) of the Code requires that judgments of all Courts shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision. Section 17 of the Arbitratio..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Nawabgonj Government College Vs. Aftabuddin (Md.) and others, 2012, 41 CLC (AD)
.... illegal. From the above discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ...... illegal. From the above discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ...... Petitioner Khondaker Saiful Huq, Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For Respondent No.1 None represented—For Respondent Nos.2-9. Civil Petition for Leave to Appeal No.1911 of 2009. (From the judgment and order dated 7-7-2009 passed by the ...... High Court Division. 10. We have considered the arguments made by the learned advocates of both the sides and through the materials on record. 11. In this case the main question raised for determination was whether the land Appeal Board Rules. 1990 has provided any provision for enter..Category: Property Law | Date: 23 Jan, 2012 | Hits: 90
Saiful Islam Jitu (Md.) Vs. State, 2012, 41 CLC (HCD)
....he privilege of bail. Communicate a copy of this Judgment and order at once to the Court concerned. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 234 ......he privilege of bail. Communicate a copy of this Judgment and order at once to the Court concerned. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 234 ......fter investigation into the case submitted charge-sheet against the petitioner on 18-6-1993 under section 19A and (f) of the Arms Act. 4. Thereafter the accused-petitioner moved an application before the learned Sessions Judge, Dhaka, to transfer the case to the Juvenile Court stating that the ......sed-petitioner was a child that below 16 years at the time, when the offence was committed and, as such, he should have tried by the Juvenile Court. Mr. Khan tried to impress us that the date for the determination of the age of the Juvenile is the date of occurrence; not the date of framing charge. ..Category: Constitutional Law, Criminal Law | Date: 18 Jan, 2012 | Hits: 2
Warid Telecom International Ltd Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....and Order. In the result, the appeal is allowed with aforesaid direction. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 188. ......and Order. In the result, the appeal is allowed with aforesaid direction. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 188. ......or modify or annul the decision or order appealed against, but the Tribunal neither confirmed nor modified or annulled the decision or order appealed against. The Tribunal simply dismissed the appeal for default. The order of the Tribunal is a non-speaking one. Chapter xxvi of the Code of Crimi......section 373, where section 367 relates with the language and the contents of judgment. Section 367 of the Code of Criminal Procedure requires that every judgment shall contain the point or points for determination, the decision thereon and the reasons for the decision. This court finds that an Order..Category: Fiscal/Taxation Law, Information Technology Law | Date: 18 Jan, 2012 | Hits: 8
Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)
....t. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ......arned counsel appearing for the petitioner after placing the petition and the relevant Annexures with it mainly argued that the respondents without issuing any notice upon the petitioner violated the principle of Natural Justice without giving any hearing and most arbitrarily canceled the license of......the name of his proprietorship firm "Universal Money Changer" issued by the respondent No.3, Deputy General Managers, Foreign Exchange Policy Division, Bangladesh Bank dated 18.9.1997 to buy and sale foreign currency from the incoming and outgoing passengers. The said license was issued on yearly ba......t. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179
Shamsuddin Ahmed & others Vs. City Bank Ltd., 2012, 41 CLC (HCD)
....f 2008 are dismissed with these observation. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 30. ......here is no reference of Review Committee or any one else, neither is there any direction to take consideration into any decision of any Review Committee or any other authority or person. It is settle principle that the execution court cannot go behind the decree. So the execution court does not have......rder No.150 dated 15-3-2004 rejected the said application of the judgment debtors after giving detailed reasoning. The present appellants have not filed any proper application under Order XXI Rule 90 for setting-aside the sale. The present appellant has filed the said application dated 4-2-2008 unde......f 2008 are dismissed with these observation. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 30. ..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 4
Syed Gulam Shariar Vs. Mohammad Abdul Mannan and others, 2012, 41 CLC (AD)
....e to appeal has no merit. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 214; 17 BLC (AD) (2012) 112. ......e to appeal has no merit. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 214; 17 BLC (AD) (2012) 112. ......itioner Vs. Mohammad Abdul Mannan and others…………………........Respondents Order January 2, 2012. Result: The Civil Petition for leave to appeal be dismissed. Whether the pre-emptors owned and possessed any land contigu......as got no merit. 11. We have considered the submissions of the learned Counsel of both the sides and gone through the judgments of all the courts below. In this case the only question raised for determination is whether the pre-emptors owned and possessed any land contiguous to the land transfe..Category: Property Law | Date: 2 Jan, 2012 | Hits: 89
....
Let a copy of the Judgment be sent to the learned Special Judge, Court No.2, Dhaka at once for information and necessary action.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 1.
......tare decisis
The subordinate courts should not follow previous decision which has been overruled by the Appellate Division because it may give wrong result. So Court will not adhere to a rule of principle established by previous decisions which has already been found to be an erroneous one. The......Rea
In the true nature of things it is not always possible to prove dishonest intention without the help of any evidence, oral or circumstantial. It can only be proved by number of circumstances for which a reasonable inference can be drawn. There is no doubt that mens rea or criminal inte......
Let a copy of the Judgment be sent to the learned Special Judge, Court No.2, Dhaka at once for information and necessary action.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 1.
..
Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
JMS Glass Industries Limited Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....directed to admit and dispose of the appeal expeditiously. With this observations and direction, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 77. ......ed, the prayer for waiver of deposit before filing of appeal as regained under section 42(2) of VAT Act, could be waived, on consideration of hardship of the petitioner. Be it mentioned that this principle may be applicable in case of filing of the appeal when made before the Appellate Tribunal......r the Petitioner. None appears - For the Respondents. Writ Petition No.9742 of 2011. Judgment Md. Ashfaqul Islam J.- Let the supplementary affidavit filed by the petitioner be formed part of the main petition. 2. At the instance of the petitioner, IMS Glass Industries ......directed to admit and dispose of the appeal expeditiously. With this observations and direction, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 77. ..Category: Fiscal/Taxation Law | Date: 12 Dec, 2011 | Hits: 14
Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)
....eed with the impugned Special Case in accordance with law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ......owing principles are well settled by various judicial pronouncements of our apex Court. In the case of Ali Akkas Vs. Enayet Hossain and others reported in 17 BLD(AD) 44 = 2 BLC (AD) 16, the principles for quashing a pending criminal proceeding under section 561A of the Code of Criminal Pro......rruption Act, 1947, now pending in the Court of Metropolitan Special Judge, Dhaka, should not be quashed or any other order passed as to this Court may seem fit and proper. 2. The relevant facts for disposal of the Rule are that on 3-7-2008, Mr. Harunur Rashid Sub-Assistant Director, Anti-Corru......eed with the impugned Special Case in accordance with law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ..Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161
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