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Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)

....ing severe injuries and thereafter, Mofizur Rahman snatched away Taka 4,000 from his pocket. Victim died at Chittagong Medical College Hospital. Pursuant to the first information report, the police registered a case and after investigation submitted a report in favour of Mofizur Rahman recommendin......n consideration of the record and the documents submitted therewith i.e., the first information report, statements of the witnesses, the other documents, such as, the seizure list, inquest report and post mortem report, if there be any, and such other documents if seized in course of the investigati....... State and another……………………………………………….Opposite Parties. Judgment April 18, 2005. Cases Referred to- Amar Kumar Thakur and others Vs. State 1988 BLD (AD) 101 = 40 DLR (AD) 147; Hajee Md. Ahsanullah Vs. Arafatunnessa Bibi being dead his heirs AH Ahmed..

Category: Criminal Law | Date: | Hits: 49

HRC Shipping Ltd. Vs. MV X-Press Manaslu, MV X-Press Resolve & others, 2006, 35 CLC (HCD)

....oods carried in a ship, where the "relevant person" (for the purpose of section 21(a)(b) of the Supreme CourtAct 1981) was the owner of the ship, on a trueconstruction of the section "owner" meant”"registered owner" and not merely someone with anequitable property in the ship." The decision in the...... The defendant No. 1 is directed to bear all expenses of the Marshal and his team in connection with the release of the vessel. Ed. This Case is also Reported in: 58 DLR (2006) 185; 12 MLR 265. ...... The defendant No. 1 is directed to bear all expenses of the Marshal and his team in connection with the release of the vessel. Ed. This Case is also Reported in: 58 DLR (2006) 185; 12 MLR 265. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 314

Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)

....issioner at Comilla delivered possession of the cinema hall to them. After receipt of the rest of consideration of Taka 31,15,000, a Senior Assistant Secretary on behalf of the Ministry, executed and registered a sale deed being No. 2726 dated 12-6-94 transferring 22.92 decimals of land only along w......Industries is now obliged to return the money received in respect of schedule-1 (kha) property to the plaintiff. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 176. ......uty Commissioner, Comilla. It must be mentioned that none of the papers supports his claim. 46. Pursuant to the affidavit, the Deputy Commissioner, Comilla promptly filed an affidavit sworn by the ADC (Rev), Comilla annexing number of letters including one dated 21-3-04 of the Deputy Commissioner..

Category: Property Law | Date: | Hits: 159

Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)

....st the Members of the Election Committee of the Bangladesh Jatiyo Matsajibi Samabaya Samity Ltd. as it was not a body or authority constituted or established by government under any law though it was registered as a Co-operative Society and was a body corporate under the Co-operative Society Ordinan......ngle judgment. 2. In writ petition No. 3773 of 1996, Rule Nisi is issued calling upon the respondent No.1 Mr. Anwar Hossain, to show cause as to why he should not be prohibited from holding the post and position of the Executive Director II, Editor, Printer and Publisher of the Daily Ittefaq a......y 28 & 29, 2003. July 14, 2003. Result: The Rules are made absolute without any order as to cost. Cases Referred to- Osman Gani Mondal Vs. Mainuddin Ahmed and others, 27 DLR (AD) 61; 47 DLR 209; 31 DLR (AD) 234; 4 MLR (AD) 347; 48 DLR 569; 1998 BLD 363; 6 MLR (AD) 8; 45 DLR ..

Category: Information Technology Law | Date: | Hits: 324

Moulana Md. Abdul Kader Azadi Vs. Government of Bangladesh and other, 2005, 34 CLC (HCD)

....ce with law. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 114. ......h the prior permission of the Directorate, Primary Education, and Dhaka as evident in Annexure C to the supplementary affidavit dated 18-4-2005. It is also stated that he voluntarily retired from the post of teacher of the Government Primary School on 4-4-2004 as evident in Annexure-E to the Supplem......ce with law. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 114. ..

Category: Employment/Service Law | Date: | Hits: 81

Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)

....no order as to costs. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 106, 26 BLD (HCD) (2006) 83. ......may seem fit and proper. 2. The facts leading to the issuance of the Rule, in brief, are: 3. The petitioner was appointed as Assistant Collector of Customs on 31-12-1987. He was promoted to the post of Deputy Collector of Customs on 21-4-1993. In 1995, the post of Deputy Collector of Customs w...... The Rule is made absolute. Cases Referred to- State of West Bengal and others Vs. Swapan Kumar Guha and Others, AIR 1982 (SC) 949; Saidur Rahman alias Chan Miah and others Vs. State, 40 DLR (AD) 281; State of Haryana and others Vs. Ch. Bhajan Lal and others, AIR 1992 (SC) 604; Messrs Pepsi ..

Category: Criminal Law | Date: | Hits: 158

Abdul Mannan alias Mona Miah Vs. State, 2002, 31 CLC (HCD)

.... 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. ......nd lodged the UD Case No. 5 dated 29-11-1997 and thereafter, he came to know that, in fact, the condemned-prisoner and other co-accused killed his daughter and he was also convinced after getting the post mortem report from the doctor that his daughter was throttled to death and thereafter he filed ......, 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, 43 DLR (AD) 92; State Vs. Mofazzal Hossain Pramanik, page 64A. Lawyers Involved: Hellal Uddin Mollah, ..

Category: Criminal Law | Date: | Hits: 96

Jahangir Alam (Md.) and another Vs. Md. Shamsur Rahman Sarder & others, 2010, 39 CLC (AD)

....interest in the disputed property, that the ex-parte decree obtained Abdul Wahed Sarder in Title Suit No.170 of 1961 is void and collusive, that he purchased the disputed property from Anis Fatema by registered deed dated 3rd April, 1987 and thereupon filed Writ Petition No.165 of 1998 seeking a dir...... 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. ......he judgment of the High Court Division is set aside. Civil 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)

....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....... count their seniority from the date of taking over of the college by the Govern­ment, (ii) Effective service of the respective teachers shall be counted for the purpose of their promotion to higher post in accor­dance with the rules made in this behalf." 11. The expressions "effective service"......d Colleges (Directorate of Public Instruction) Absorption 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

Yusuf Mia Vs. State, 2011, 40 CLC (HCD)

....on 302/34/120(Kha)/109 of the Penal Code against 12 accused persons including the petitioner. 4. Thereafter the case was transmitted to the court of Druta Bichar Tribunal No.4, Dhaka for trial and registered as Druta Bichar Tribunal Case No.28 of 2004. Thereafter on an application filed by Md. Sh......ncel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in:   ......ncel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in:   ..

Category: Criminal Law | Date: | Hits: 50

State Vs. Syduzzaman Faruq, 2010, 39 CLC (AD)

....he respondent on bail. There is, therefore, no cogent reason to interfere with the same. '' Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 115. ...... have heard the learned Additional Attorney General, perused the F.I.R, the medical evidence and the impugned judgment. The High Court Division while enlarging the respondent on bail noticed that the post mortem report of the victim did not corroborate the gun shot injury allegedly inflicted by the ......n in enlarging the respondent on bail. There is, therefore, no cogent reason to interfere with the same. '' Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 115. ..

Category: Criminal Law | Date: | Hits: 46

Ziaul Karim Farazi and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)

....েওয়া গেল”। 11. Against the said judgment and order dated 25.04.2004 the respondents have preferred appeal to the Administrative Appellate Tribunal Appeal No.137 of 2004 which was registered on 16.08.2004 under Section 6(2) of the Administrative Tribunal Act of 1980. According to...... and Bangladesh Government Printing Press would be equally treated. Bangladesh Bureau of Statistics, Bangladesh Secretariat, Dhaka floated an advertisement on 06.11.1974 inviting applications for the post of compositors among other posts. The qualification for appointment of compositors had been req......s such rightly allowed the appeal and dismissed the A.T. Case No. 89 of 2000. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 111, 63 DLR (AD) (2011) 119. ..

Category: Administrative Law | Date: | Hits: 215

Abdul Jabbar Vs. Akter Hossain Bhuiyan being dead his heirs Md. Masud Hossain Bhuiyan & others, 2009, 38 CLC (AD)

....said lands to the Zamindar's Seresta. Abdur Razzak, the son of the said Kademunnessa sold out lands in the suit plot No.42 to Shamsuddin Bhuiyan alias Raja Mia, father of the plaintiff appellants, by registered sale deed dated 19.12.1942 and delivered possession thereof and later Abdul Kashem @ Sona......rials on record and hence no interference is called for. Accordingly the application for leave to appeal is dismissed without costs. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 105.......itioner Vs. Akter Hossain Bhuiyan being dead his heirs Md. Masud Hossain Bhuiyan & others ........................Respondents Judgment March 15, 2009. Cases Referred To- 35 DLR (AD) 216; 35 DLR 295; 17 DLR (HC) 392; 27 DLR 589; 42 DLR (1990) 434; Erfan Ali Vs. Joynal Abedin Mia..

Category: Property Law | Date: | Hits: 81

Yusuf Jamil Babu Vs. Bangladesh and others, 2009, 38 CLC (AD)

.... above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 102. ......etition summarily. 2. The facts of the case, in short, are that upon announcement of the election schedule for Upazila Parishad, the petitioner submitted his nomination paper on 23.11.2008 for the post of Chairman, Daudkandi Upazila Parishad, Comilla. On the date of scrutiny on 17.12.2008, the no...... In view of the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 102. ..

Category: Election Law | Date: | Hits: 116

Shah Alam and others Vs. State, 2000, 29 CLC (HCD)

.... defence did not cross-examine her. 13. P.W.s 6 and 7 were tendered and not examined by the prosecution. The defence did not cross-examine them. 14. P.W.9 SI of Police claimed that the case was registered by Officer-in-Charge of Kotwali Police Station and he was appointed as Investigation Offi....... 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. ......s. State.………..Respondent Judgment July 18, 2000. Cases Referred to- Abul Khayer and three others Vs. State, 46 DLR 212; Babul alias Abdul Majid Khan and others Vs. State, 42 DLR (AD) 186; Ustar Ali Vs. State, 18 BLD (AD) 43 = 3 BLC (AD) 53. Lawyers Involved: Md. Khurshid A..

Category: Criminal Law | Date: | Hits: 67

Concord Engineers Construction Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)

....puty Commissioner of Taxes being aggrieved by the orders of the Senior Appellate Joint Commissioner of Taxes took second appeal before the Taxes Appellate Tribunal, Division Bench-1, Dhaka which were registered as ITA No.1300 of 1990-91, ITA No.924 of 1991-92 and ITA No.425 of 1991-92. The Taxes App......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. ......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)

.... appellant contended that they are the internationally reputed manufacturers of shoes and foot wears under the trade mark “BALLY” constituting part of their company name. This Trade Mark has been registered in more than 100 countries of the world including United Kingdom, Canada, India and Pakis......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. ......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

M/S. G. K. Brothers and another Vs. M/S. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)

....he plaintiff withdrew Taka 1,80,000/- from the Rent Controller. For want of Income Tax Clearance Certificate, the defendant No. 1 and 2 (present appellants) failed to get the kabala deed executed and registered through Court on the strength of the judgment and order passed by the Appellate Division.......the suit land in favour of appellants through court. The office is directed to send down the lower Court’s record at once. Md. Rais Uddin J.- I agree. Ed. This Case is also Reported in: ......the suit land in favour of appellants through court. The office is directed to send down the lower Court’s record at once. Md. Rais Uddin J.- I agree. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 110

Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)

....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. ......ting laws’ as found in Article 152. So, we can conclude in context that the death penalty per se is not something which is barred by our Constitution. On the other hand Mr. Farooqui has argued that post-promulgation of the Constitution new laws for offences punishable with the death penalty could ......Rule is made absolute in part. Cases Referred to- Sheela Barse and another Vs. Union of India and others, AIR 1986 Supreme Court 1773; Hussain Muhammad Ershad Vs. Bangladesh and others, 21 BLD (AD) 69 ; Dr. Nurul Islam Vs. Bangladesh, represented by the Secretary, Ministry of Health and Popula..

Category: Criminal Law | Date: | Hits: 128

Shahidul Islam Mohan @ Mohan Huzur Vs. State, 2011, 40 CLC (HCD)

....t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......drawing our attention to the deposition of the P.W.1 together with the fact narrated in the FIR submits that the appellant went to India by his valid passport and returned back through Banapole check post and arrested him as suspected accused of Kushtia P.S. Case No.34 dated 19.01.2010 subsequently ......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 91