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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. ...... done by the petitioner was nothing but a show of business. This was proved by the 4-member departmental enquiry committee which found that the petitioner was liable for the missing containers as per provisions of sections 17 and 168 of the Customs Act, 1969. The petitioner could have seized the all..Category: Criminal Law | Date: | Hits: 158
Dr. Abdur Rahman and others Vs. Chairman, RAJUK & others, 2005, 34 CLC (HCD)
....ceived and there is no scope to interfere with the impugned order. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 103. ......Acquisition and Requisition of Immovable Property Ordinance, 1982. The said Ordinance is a special law and if anybody is aggrieved by any action taken under the Ordinance he or she must resort to the provisions of the Ordinance and cannot taken the shelter of civil Court as section 44 of the Ordinan..Category: Civil Law | Date: | Hits: 99
Government of Bangladesh Vs. Helal Jute Press Ltd. and others, 2009, 38 CLC (AD)
....ntenance of the godowns within 10 months be set aside. There shall be no order as to cost. Ed. This Case is also Reported in: 8 LG (AD) (2011) 70, VIII ADC (2011) 376, 31 BLD (AD) (2011) 86. ...... 3. The writ respondent No.1-Governrnent-appellant contested the Rule contending, inter alia, that the writ petitioner No.2 -respondeent No.2 left Bangladesh during war of liberation and as per the provisions of the voting President's Order No.1M-35/71/ B dated 26-12-1971 possession of the propert..Category: Property Law | Date: | Hits: 128
Md. Bazlur Rashid Vs. Bangladesh, 2008, 37 CLC (AD)
....ecision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 53. ...... Nikah Registrar on temporary basis under sub-Rule 5(1) on the date of commencement of this substituted rule shall deemed to have been licensed by the Government on regular basis and subject to the provisions of Rule 10 and other concerned provisions, he shall be issued a permanent license of Nika..Category: Civil Law | Date: | Hits: 105
Jahangir Alam (Md.) and another Vs. Md. Shamsur Rahman Sarder & others, 2010, 39 CLC (AD)
.... 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. ......property. 10. According to Mr. Bhuiyan, the transfer of the disputed land in favour of the appellant Jahangir Alam is barred by section 6 of Ordinance No. LIV of 1985. If the transfer is barred by provisions of ordinance No.LIV of 1985, then the suit is also barred by the same provision. It has b..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.......y Education by different Notifications appointed all the writ petitioners on ad-hoc basis, which was according to them, without lawful authority, inasmuch as, the said appointments were made as per provisions the Rules of 2000, whereas, the colleges of the writ petitioners were nationalized when..Category: Employment/Service Law | Date: | Hits: 91
....tted. There was no change in the basic design of the plant. The change therefore cannot be viewed as substantive or major and found it superfluous to seek expert opinion as mentioned which is not a mandatory provision. Since TEC did not take any step as regards the tender of the writ-petitioner, r...... Chairman, TEC to DCL was issued with the sole intention to upgrade the offer of DCL-SBA to make it responsive, in spite of difference of opinion among the TEC members, the Chairman TEC, ignoring the provisions of Public Procurement Regulations (PPR), 2003 incorporated major modifications to make th..
Category: Others | Date: | Hits: 164
Jabed Ali alias Kasai Jabed alias Mawra Jabed Vs. State, 2011, 40 CLC (HCD)
.... section 342 of the Code of Criminal Procedure. Such omission on the part of the trial Court is fatal inasmuch as by now it is well settled that proper compliance with the provision of section 342 is mandatory and failing on the part of the Judge to bring the incriminating evidence to the notice of ......war Ali is acquitted of the charges levelled against him and discharged from his bail bond. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 44
Ziaul Karim Farazi and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....smissed 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. ......he appellant in court fee stamp affixed to the memo of appeal for causing service of notices of the appeal to the respondents. A tribunal can admit an appeal only if it is made in accordance with the provisions of Subsections (1), (2), (3), (4) and (5) as stated above. An appeal can only be regist..Category: Administrative Law | Date: | Hits: 215
....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.......from on payment of rates and taxes to the Sheresta of the Zaminder and, after withdrawal of the Zamindery System, said Shamsuddin Bhuiyan became a tenant directly under the government pursuant to the provisions of the State Acquisition and Tenancy Act and as such was owning and possessing the suit l..
Category: Property Law | Date: | Hits: 81
Concord Engineers Construction Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....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. ......nt, submits that the learned Taxes Appellate Tribunal failed to notice that interest on capital borrowed for the purpose of business is allowable deduction in computing income from business under the provisions of the Ordinance and in this view of the matter maintaining the disallowance of the same ..Category: Fiscal/Taxation Law | Date: | Hits: 135
Kamruzzaman (Md.) alias Zaman Vs. State, 2000, 29 CLC (HCD)
....har, District-Rajshahi be enlarged on bail in Motihar PS Case No.2 dated 6-3-2000 to the satisfaction of the District Magistrate, Rajshahi. Ed. This Case is also Reported in: 52 DLR (2000) 556. ......es the export of which is prohibited under sub-section (1) shall be deemed to be goods of which the export has been prohibited under section 19 of the Sea Customs Act, 1878 (VIII of 1878) and all the provisions of that Act shall have effect accordingly, except that the antiquity in respect of which ..Category: Criminal Law | Date: | Hits: 72
Bally Schutrabriken Ag, Switzerland Vs. Hosnara Begum, 1999, 28 CLC (HCD)
....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. ......fuse the consumer of the local market as such the learned Registrar ought to have allowed the objection filed under section 8(a) of the Act. The learned Advocate further submits that in this case the provisions of section 10(A) of the Act is also attracted and in either case the learned Registrar is..Category: Intellectual Property Law | Date: | Hits: 210
Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)
.... clearly contrary to the provision of the Constitution and is violative of Part VI of the Constitution. By reference to Mithu Vs. State of Punjab, AIR 1983 (SC) 473, which related to the provision of mandatory death penalty in case of conviction under section 303 of the Penal Code, he submitted that...... commencement of the Constitution are protected, although he would still argue that, in any case where the death penalty is the only penalty available under the law, that would be in violation of the provisions of the Constitution. He argued that in such a case where the death penalty is the only pe..Category: Criminal Law | Date: | Hits: 128
Shakainath Mohanta Vs. Md. Tatikuddin Mondal and others, 1999, 28 CLC (HCD)
....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....... setting aside abatement liberally, unless there are gross laches and negligence on the part of the applicant. 13. It has been consistently held by the superior Courts of the subcontinent that the provisions of Order 22 rule 9(2)(3) of the Code should be liberally construed. Abatement of a suit p..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.......rpretation of sections 6 and 7 of the Artha Rin Adalat Act as amended and also expressed their opinion. Both the learned Advocates Mr. Rafique-ul Haq and Dr. M Zahir have taken us through the amended provisions of sections 6 and 7 of the aforesaid Act. Section 6 was amended in the manner that if an ..Category: Civil Law | Date: | Hits: 87
Mehnaz Sakib Vs. Bangladesh, 1999, 28 CLC (HCD)
....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.......ollect the copy of the order of detention or any relevant paper of her detention. Thereafter the petitioner moved this Court with a newspaper clipping confirming the detention of the detenu under the provisions of Special Powers Act for a period of 30 days and obtained the present Rule. 6. The re..Category: Criminal Law | Date: | Hits: 64
....6/93 is hereby set aside and the appellant’s mark is restored to its original position.
Send down the lower Court records expeditiously.
Ed.
This Case is also Reported in: 51 DLR (1999) 237.......31-1-95 came to the finding that the mark comes under the mischief of section 14(1) of Trade Marks Act and the registered proprietor failed to prove use of the mark within stipulated period under the provisions of section 37(1) (b) of the Trade Marks Act. He ordered that the Trade Mark Application N..
Category: Intellectual Property Law | Date: | Hits: 319
Agrani Bank Vs. W Rahman Jute Mills Ltd. and ors., 1998, 27 CLC (HCD)
.... may be made to the decisions reported in 14 BLD (AD) 196 and 18 BLD 291. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 235. ......h the Artha Rin Adalat is a civil Court but it is not a civil Court as contemplated under the Code of Civil Procedure. It is a civil Court of defined nature having its own forum of appeal and all the provisions of the Code of Civil Procedure have not been made applicable and more particularly, the p..Category: Civil Law | Date: | Hits: 108
Sayed Nurul Hossain Vs. Secretary, Ministry of Industries, 1998, 27 CLC (HCD)
....yment of the petitioner and accordingly no interference is called for. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 226.......ing the said appointment. Further, Regulation 53 of the Bangladesh Standard and Testing Institution Service Regulation, 1989 provided that regarding retirement and re-employment of BSTI employees the provisions of Public Servants (Retirement) Act. 1974 will be applicable but the petitioner, taking a..Category: Employment/Service Law | Date: | Hits: 117
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