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Commissioner of Customs and others Vs. Ruhul Amin Bachuchu and others, 2009, 38 CLC (AD)
....% AIT, 2.5% licence fee and 2.5% IDSC but the petitioners released the imported consignment only after realizing excess tax of Tk.4,92,201.39 and then he filed a representation to the petitioners claiming entitlement of the benefit of the SRO 206 dated 17.9.98 and also asked for refund the exc......s) Syed Mahbubur Rahman, Advocate-on-Record-For the Respondent. (In Civil Petition No. 1016 of 2007) Not represented-the Respondent. (In Civil Petition Nos. 1017-1025 of 2007) Civil Petition for Leave to Appeal Nos. 1016-1025 of 2007. (From the judgment and order dated 5.4.2007 passed by......of paper book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till hearing of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 14. ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....of with the above observations and modifications. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ......aque, Senior Advocate with Md. Khurshid Alam Khan, Advocate, instructed by Musfiqur Rahman Khan, Advocate-On-Record-For the Respondent No. 3 Not Represented-the Respondent No. 4. Civil Petition for Leave to Appeal No.10 of 2011. (From the judgment and order dated 29.09.2010 passed by the Hi......have been committed by the petitioner and the accused No.1 under the Ain of 2009 during the period from 01.01.2003 to 31.05.2007. We have noticed that the details of the allegations of the offence of money laundering have been elaborately set out in the FIR, being Cantonment Police Station Case No.0..Category: Civil Law | Date: | Hits: 174
Razia Sultana Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....ired by the petitioner under the said agreement, having been made and no step was taken by her in that respect the said agreement even if there was one, lost its force by efflux of time. Besides, she claims in view of the provisions of Article 4 of the Order all shares and other proprietary interest......o register the deed of sale of the said property on the strength of the deed of agreement dated 13‑11‑1964 but without any result. After liberation of Bangladesh also the petitioner renewed her efforts to get the sale deed of the property registered firstly through the firm of chartered accounta......property but she was asked to vacate the premises only on the round that the balance of the total consideration was not paid within time, as such, she was asked to vacate the premises and the earnest money paid earlier was sought to be forfeited. The learned Advocate submits that when the agreement ..Category: Business or Commercial Law | Date: | Hits: 194
Virginia Tobacco Company (BD) Ltd. Vs. Registrar of Trade Marks and another, 2000, 29 CLC (HCD)
....It has further been contended that the Government of Bangladesh has imposed ban of the State Express 555 Cigarettes manufactured by the respondent No. 2 and therefore, the respondent No. 14 could not claim to be prejudiced under law. It has further been contended that since the mark of the appellant......label of the appellant. 2. The respondent No.2 Ardath Tobacco Company Limited filed an application under section 37 read with section 46 of the Trade Marks Act, 1940 (hereinafter called "the Act") for removal or rectification of the registered Trade Mark of the appellant on the ground that they a......ing heard to the parties and the parties will be at liberty to adduce further evidence if they want. There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 362. ..Category: Intellectual Property Law | Date: | Hits: 226
Jashimuddin (Md.) alias Md. Jashimuddin Vs. Dali Begum and another, 2003, 32 CLC (HCD)
....r father's house in distress. Finding no other alternative she went to the house of defendant No. 1 on 29‑11‑1998 and asked the defendant No. 1 to take her and the child or in the alternative she claimed dower and maintenance. Defendant No. 1 refused to accept her and to pay the dower and mainte......3‑2000 passed by the learned Senior Assistant Judge, Family Court, Sadar, Mymensingh in Family suit No. 9 of 1999. 2. The opposite party No. 1 as plaintiff instituted Family Suit No. 9 of 1999 before the Court of learned Senior Assistant Judge, Sadar, Mymensingh against the defendant Nos. 1 and......son are not entitled to get any maintenance and that the suit has not been filed as per provision of law and that the plaintiff is a corrupt woman and she used to cohabit with various persons to earn money and that the defendant No. 1 is a minor boy of 14 years and he appeared in SSC examination in ..Category: Family Law | Date: | Hits: 186
State Vs. Billal Hossain Gazi, 2004, 33 CLC (HCD)
....ourt and the trial Court shall be at liberty to decide the case independently on the basis of the evidence to be available with the record. Ed. This Case is also Reported in: 56 DLR (2004) 355. ......d: Nikilesh Dutto, Deputy, Attorney-General with Md. Baset, Assistant Attorney-General and Fara Mahmuda Assistant Attorney-General-For the State. Md. Abdul Haque, Advocate-State Defence Lawyer for the Respondent. Death Reference No. 33 of 2001. Judgment SK Sinha J.- The Nari‑o‑Sh......ich is as follows: 3. The victim Nilufa Akter has been given in marriage with the condemned prisoner about 7/8 years ago. After the marriage the accused Billal Hossain Gazi has taken ornaments and money as dowry by creating pressure upon the victim. He used to torture the victim both physically a..Category: Criminal Law | Date: | Hits: 43
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ...... 1972 SC 711; SK Dey Vs. Officer-in-charge Sukchi PS, AIR 1974 SC 871; Natobar Parida and others Vs. State of Urishaw, AIR 1975 SC 1465; State of MP Vs. Mobarak Ali, AIR 1959 SC 707; Directorate of Enforcement Vs. Deepak Mahajan, AIR 1994 SC 1775 and Abhinandan Jha Vs. Dinesh Mishra, AIR 1968 SC 117......problem of securing the attendance of accused at trial: Courts usually using financial bonds as the means to this end and that the result was the pretrial imprisonment of people too poor to raise the money for such a bond. Congress passed the Federal Bail Reform Act 1966, legislating for release on ..Category: Criminal Law | Date: | Hits: 70
Harun‑or‑Rashid Vs. State, 2003, 32 CLC (HCD)
.... as Nari‑o‑Shishu Nirjatan Case No. 639 of 2002. 4. Hearing both sides charge was framed against accused Harun under sections 7/9(1) of the said Ain to which accused pleaded not guilty and claimed to be tried. Accordingly, trial commenced. A hail petition was moved on 14‑10‑2002 and a......ent Md. Abdul Quddus J.- This Criminal Appeal No. 3105 of 2003 under section 28 of the Nari‑o‑Shishu Nirjatan Daman Ain, 2000 is directed against order dated 26‑7‑2003 rejecting prayer for bail of accused‑appellant Harun‑or‑Rashid @ Harun in Nari‑o‑Shishu Case No. 639/02 by ......f the prayer for bail of accused-appellant Harun be accordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ..Category: Criminal Law | Date: | Hits: 72
State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....tik had discussion and, thereafter, both of them came out of the house and proceeded towards Khulna by a babytaxi. It has been, also, clearly established by evidences that Abdus Sabur put forward a claim of Taka 5,00,000 as evidenced by PW 1 and PW 36 and condition was put forward that in the even......No. 1037 of 2000. Judgment AK Badrul Huq J.- For murder and, thereafter, disappearance of dead body of Md Jahangir Kabir Fatik, an Advocate, Ershad Ali Sikder, LM Liaquat alias Liaquat Lashkar (for short Liaquat Lashkar) , ldrish Ali Talukder alias ldris Jamai (shortly ldris Jamai), Noor Alam,......lla (PW36) made telephone call on telephone No. 723777. There had been rings but no response came forth. Abdus Sabur along with one Sandha approached the house of Hashem Ali Molla (PW36) and demanded money and offered condition that Fatik would be recovered in the event of payment of money. b) Ab..Category: Criminal Law | Date: | Hits: 69
Ali Akbar (Md) and others Vs. Sakina Begum and others, 2002, 31 CLC (HCD)
....for maintenance, preservation, protection and management of the suit property as described in schedules A to E and also for collection of rents and profits. On 9‑9‑2001 the defendants opposed the claim by filing a joint written objection. The application was however heard on 15‑1‑2002 and al......against an order dated 15-1‑2002 of Joint District Judge (in-Charge) and Artha Rin Adalat No.2 in Dhaka in Title Suit No. 95 of 1997, appointing a receiver of the suit property. 2. Short facts for disposal of the appeal is that respondent Nos. 1 to 4 as plaintiffs instituted the suit against ......der of stay is recalled. Learned Joint District Judge is directed to proceed with the Suit, expeditiously, Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 303. ..Category: Property Law | Date: | Hits: 69
Nizam Khan (Md) Vs. State and another, 2003, 32 CLC (HCD)
....called. In the result, the Rule is discharged. Communicate this order to the Court of the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 299. ......ause as to why the proceeding of CR No. 5149 of 1999 under sections 406/420 of the Penal Code pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule is that the opposite party No.2 as complainant filed a peti......er agreement/contract the accused‑petitioner purchased various kinds of cloth under different chalans 8 in number worth Taka 9,60,144. The accused petitioner out of this Taka 9,60,144 paid some money and issued cheque towards payment of the outstanding money. Subsequently the accused Petitio..Category: Criminal Law | Date: | Hits: 38
Abdus Samad and others Vs. Md. Gafur and others, 2003, 32 CLC (HCD)
....e with respect to valuation of the suit (if not it had already done so) and then to proceed with the suit in accordance with law giving chance to the defendants to adduce evidence in support of their claim of under valuation. The trial Court is also directed to dispose of the Suit With utmost expedi......ting the plaintiff opposite‑parties to show cause why the order No. 78‑2000 passed by the Assistant Judge, Additional Court No. 1, Dhaka in Title Suit No. 146 of 2000 rejecting an application for return of the plaint should not be set aside and/or pass such other or further order or orders a......spose of the Suit With utmost expedition. Send down a copy of this judgment to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 297. ..Category: Civil Law | Date: | Hits: 114
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285.......Involved: Shamsuddin Babul with JBM Hassan, Advocates-For the Appellant. Md Abdul Baset, Assistant Attorney-General-For the State-Respondent. Farida Khan with Masuda Rehana Begum-For the Informant-Added-Respondent. Criminal Appeal No. 1687 of 1996. Judgment AK Badrul Huq J.- Crim......currence took place on 10‑10‑1991 at 10.00 pm. Her father before departure for Oman kept her and her mother under custody and care Of accused Dr. Anukul Chandra Achariya. Her father used to remit money in the name of accused Dr. Anukul Chandra Achariya who used to bear their expenses. Accused Dr..Category: Criminal Law | Date: | Hits: 64
....e was a factory running on the suit plot. But on inquiry, no industry was found. Then after giving a notice to the plaintiff, a survey was held and the surveyor submitted his report. Having found the claim of the plaintiff false, the lease was cancelled. Subsequently, the plot was allotted to defend......appeal against the decree dated 12‑3‑2001 passed by the Subordinate Judge and Arbitration Court at Dhaka in Title Suit No. 3 of 2000, which dismissed the suit.
2. Plaintiff instituted the suit for a decree of declaration that memo dated 12‑10‑1994 canceling lease and that dated 29‑10‑......e framed land in order to collect fund. He applied to the Janata Bank for land and the Bank sanctioned a loan of Taka 11,00,000. But the amount of loan was not sufficient. So, he did not withdraw any money.
5. Suddenly, he got a notice dated 11‑9‑1993 from the office of defendant No.4 asking ..
Category: Property Law | Date: | Hits: 73
Pak Eastern Industries Ltd. Vs. DC, Dhaka and another, 2004, 33 CLC (HCD)
.... the price on the average of the price as determined by the Deputy Commissioner and that available in 2000 when the notification finally acquiring the land was published in the gazette. The appellant claims compensation at the rate of price on the date of publication of the notice finally acquiring ......resented a cross-appeal from same order. 3. On or about 29‑11‑2000, the owner made an application under section 7(aaa) of the (Emergency) Requisition of Property Act, 1948 (Act XIII of 1948) before the arbitrator for compensation of Taka 179,16,50,000 for acquisition of 11.575 acres of land. ......ka 2,913.24. 45. Mr. Rafiqul Islam submitted that in paragraph 7 of the application, the owner of the land received said amount with objection. Mr. Nazrul Islam claimed that the owner received the money without any objection. We find from said paragraph that the owner rejected the final compensat..Category: Property Law | Date: | Hits: 77
Matiur Rahman (Md) Vs. Nuru Sikdar and others, 2003, 32 CLC (HCD)
.... the disputed land in favour of the accused-opposite parties and further observed that the informant‑petitioner in spite of adjournments granted to him failed to produce documents in support of his claim. He also disbelieved the medical certificate relating to the treatment of the petitioner expre......arim, Advocate-For the Petitioner. Akram Hossain, Advocate-For the Opposite Parties. Criminal Miscellaneous Case No. 3386 of 2003. Judgment Sheikh Rezowan J.- On an application by the informant‑petitioner under section 561A of the Code of Criminal Procedure a rule was issued calling ......h the case from the stage before discharging of the accused-opposite parties. Communicate the order to the courts below at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 246. ..Category: Administrative Law | Date: | Hits: 223
Haji Md. Shamsul Haque Vs. Pubali Bank Limited, 2009, 38 CLC (AD)
....tioner is set aside and the deposited amount be returned to the present petitioner. With this observation the petition is disposed of. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 75.......Record-For the Petitioner. Nur Hossain Chowdhury, Advocate instructed by M Syed Mahbubur Rahman, Advocate-on-Record- For Respondent No. 1. Not represented-Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 2071 of 2008. (From the judgment and order dated 26.08.2008 passed by the......arned Joint District Judge, Second Court, Gazipur in Money Decree Execution Case No.29 of 1994 setting aside the auction sale on 08.07.2002 and directed the plaintiff to deliver the deposited auction money (25% of bid money) of the petitioner along with compensation money i.e. 5% of the purchase mon..Category: Others | Date: | Hits: 109
Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)
....lating the above term of the contract. Because of such offer and other reasons, the plaintiff suffered loss and it assessed the loss under different heads for breach of the contract and filed a final claim for US $ 1,806,816, to the Corporation as compensation. After negotiation, the Corporation add......on under section 115 of the Code of Civil Procedure against order No. 13 dated 25‑11‑2001 passed by Subordinate Judge, Court No. 5 at Dhaka in Title Suit No. 31 of 2001, which rejected the prayer for stay of further proceedings of the suit. 2. Opposite party No.1, a firm engaged in exporting ......e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ..Category: Alternative Dispute Resolution | Date: | Hits: 245
Mohammad Syed Vs. State, 2004, 33 CLC (HCD)
....one Md. Younus Sarder who is alleged to have lodged the GD entry has disowned the same which is the basis of the complaint/FIR and, as such, the impugned order being not based on any papers as to the claim made by the opposite party No. 2 informant and not in accordance with law is liable to be quas......nding to GR No. 128 of 2003 under sections 406/420/467/468/471/109 of the Penal Code now pending in the Court of Chief Metropolitan Magistrate, Chittagong should not be quashed. 2. Necessary facts for the purpose of disposal of the Rule is that, the opposite party No. 2 as informant lodged an FIR...... spare parts worth Taka 1,50,000 and gave the same to Moktar Mistry for making the truck. Moktar Mistry accordingly, gave him a bill of Taka 33,000 as his charge for making the truck. He was short of money and accordingly, he could not make arrangement for payment of Taka 1,65,000 and as per advice ..Category: Criminal Law | Date: | Hits: 45
GM Morshed Vs. City Bank Ltd. and others, 2004, 33 CLC (HCD)
....makes it abundantly clear that both can go together. Section 138(3) says, 'Notwithstanding anything contained in subsections 1 and 2 the holder of the cheque shall retain his right to establish his claim through civil Court if whole or any part of the value of the cheque remains unrealised." 5.......y the proceeding of Petition Case No. 1741 of 2000 under section 138 of Negotiable Instruments Act, 1881 now pending in the Metropolitan Magistrate, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of the Rule, in brief, is that the opposite party No.1 as complainant fi......es of the present case in that on several dates the complainant-opposite party was found to be absent in the court for which the accused ought to have been acquitted. Thirdly, he submits that since a money suit for realisation of the said outstanding amount was filed by the opposite party No.1 befor..Category: Banking Law | Date: | Hits: 237
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