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Bura Yunus and others Vs. State, 2007, 36 CLC (HCD)
.... bullet loaded with the gun, and from the possession of Swopan two bombs were recovered. The other dacoits firing and detonating bombs aiming them retreated. The informant sustained injuries on right hand and face by gun shot, the appellant Khokan sustained injury on his head with the splinters of b......99 and Criminal Appeal No. 2469 of 2002 arose from the judgment and order dated 22-5-2002 of the Metropolitan Assistant Sessions Judge, 5th Court, Dhaka in Metropolitan Sessions Case No. 716 of 1999. over the self same occurrence, two cases have been registered separately and the prosecution has als...... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549...Category: Criminal Law | Date: | Hits: 90
Tahmid Ahmed Vs. Jalaluddin Jaffar Ali Hussain, 1999, 28 CLC (HCD)
.... Md. Joynul Abedin J Tahmid Ahmed …………….Petitioner Vs. Jalaluddin Jaffar Ali Hussain ……………Objector Judgment February 7, 1999. Cases Referred To- Satish Chandra Banik and others Vs. Dhaka Jute Mills Ltd PLD 1968 (Dhaka) 610=19 DLR 280 (13 & 14); Itte......as directors consequent upon the suit being decreed hurried to this Court for obtaining necessary order for holding annual general meetings for the years 1982-1997 by condoning the delay in order to cover up their past misdeeds for the last 14 years. 4. Mr. Jalal Uddin Jaffar Ali Hussein, apprehe......e majority shareholders of the company led by Tahmid Ahmed illegally removed him and his late father Jaffar Ali Hossain by the aforesaid resolution dated 8-5-1983 with a view to exclude them from the management of the affairs of the Company. He and his father filed the above suit and obtained an ord..Category: Company Law | Date: | Hits: 222
Shamshad Asif Vs. Additional District Judge and others, 1999, 28 CLC (HCD)
....l Hossain J Shamshad Asif……………………………Petitioner Vs. Additional District Judge and others……….Respondents Judgment June 16, 1999. Lawyers Involved: SB Bhandary, Advocate—For the Petitioner (In Writ Petition Nos. 2792, 2793, 2794, 2795 and 2796 of 199......alisation of the amount of debt with interest .Thus the nature of the two suits and issues are different. Issue before the Artha Rin Adalat in such a suit is whether the plaintiffs are entitled to recover the amount of debt from the defendants. On the other hand, issue before the Bankruptcy Court is......ules are discharged with cost at the rate of Taka 1,000.00 to be paid by the petitioner of each Rule to the contesting respondent No.2. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 138...Category: Civil Law | Date: | Hits: 78
....rman, Chittagong Dock Sramik Parichalana Board and Chairman, Chittagong Port Authority, Chittagong and others......................Respondents
Judgment
August 20, 2009.
Lawyers Involved:
Khandker Mahbubuddin Ahmed, Senior Advocate with A. M. Mahbuddin, Advocate instructed by Md. Aftab Ho......inance and Accounts Officer and respondent No.6 is the Chief Medical Officer of Chittagong Dock Sami Parichalan Board Hospital and the respondent No.7 is the Secretary of Ministry of Shipping of the Government. All the appellants were appointed to do their respective jobs before formation of the afo......tance in the submissions of the learned Counsel for the appellants.
In the result, the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 803...
Category: Labour and Industrial Law | Date: | Hits: 109
.... instead of resorting to the shortcut proÂvision of rule 13(ii) of the Regulations, 2003.
Accordingly, the petitions are disÂposed of.
Ed.
This Case is also Reported in: VII ADC (2010) 799. ......……............Petitioner (In Civil Petition No. 1323 of 2008)
Abul Kalam (3)....................Petitioner (In Civil Petition No. 1324 of 2008)
Vs.
Bangladesh Bank, repreÂsented by the Governor and others….......Respondents (In all the cases)
Judgment
July 26, 2009.
Lawyers...... instead of resorting to the shortcut proÂvision of rule 13(ii) of the Regulations, 2003.
Accordingly, the petitions are disÂposed of.
Ed.
This Case is also Reported in: VII ADC (2010) 799. ..
Category: Administrative Law | Date: | Hits: 215
Jamal Uddin Ahmed Vs. Abdul Haque and another, 2002, 31 CLC (HCD)
....years with effect from 12th March, 1993. In this manner, the petitioner is continuing his manufacturing business of sanitary fittings of various types with the trade mark 'Lucky'. 10. On the other hand, one Delwar Hossain, the proprietor of the firm. Sohag Enterprise and Engineering, presumably, ......anitary purpose is not defined anywhere but the words would suggest that the products which are needed in the sanitary purpose of a modem civic life would come within its purview, be it is a manhole cover or a wash basin as shown by the Opposite Party No. 1 himself in Annexure‑15 of his affidavit-......818 as of the date 30th September, 1993, in Class‑6 in respect of CI. Fittings, is cancelled. In the result, the petition is allowed. Ed. This Case is also Reported in: 55 DLR (2003) 102. ..Category: Intellectual Property Law | Date: | Hits: 175
Hafizuddin Ahmed Vs. M Aslam Miah & others, 2002, 31 CLC (HCD)
....ce. Let a copy of this judgment and order be sent to opposite party No. 5, the Administrator of Waqfs for his perusal and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 95.......ed the deeds of sale in order to grab the waqf properties in fraud of the waqf and such deeds are not binding on the waqf. The plaintiff was constrained to institute the suit to remove the cloud cast over the title of the waqf property by said transaction. 5. Defendant No.1 alone contested the su......07‑54 and since, he divested himself and all his heirs and successors of all interest in said land. He appointed Haji Abdus Samad, father of Defendant No. 2 to 4 first mutawalli for administration, management and construction of a mosque. After construction of the mosque, he instructed to raise dw..Category: Trust/Waqf Law | Date: | Hits: 228
Rahamatullah (Md) and another Vs. State, 2007, 36 CLC (HCD)
....llah and Md. Saltu alias Dalim is directed against the judgment and order passed by the learned Judge, Speedy Trial Tribunal, Khulna in Speedy Trial Tribunal Case No. 37 of 2004 arising out of Court Chandpur Police Station case No. 03 dated 8-8Â-2003 corresponding to GR case No. 76 of 2003 convicti......pable of committing crime— A child above 9 and below 16 years of age who has not attained sufficient maturity of understanding to judge of the nature and consequence of his conduct. 19. The overall aim is therefore, not to punish the offender, but to seek out the root of the problem, in ot......receipt of the case records with notices to the contending parties. Send down the records along with the copy of the judgment immediately. Ed. This Case is also Reported in: 59 DLR (2007) 520...Category: Criminal Law | Date: | Hits: 32
Uzzal alias Elias Hossain Vs. State, 2006, 35 CLC (HCD)
....her as compensation. In case of failure to pay the fine, the District Collector (Deputy Commissioner) was, directed to realise the fine in accordance with section 15 of the Ain and to expediÂtiously hand over the fine amount to the victim's father. The accused were also found guilty under section 7......s compensation. In case of failure to pay the fine, the District Collector (Deputy Commissioner) was, directed to realise the fine in accordance with section 15 of the Ain and to expediÂtiously hand over the fine amount to the victim's father. The accused were also found guilty under section 7 of t......in and to be paid to the informant Abdul Mannan, the father of the victim, as compensation. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 505...Category: Criminal Law | Date: | Hits: 35
Taju and others Vs. State, 2007, 36 CLC (HCD)
.... that place and got her admitted to Bhairab Health Complex where the doctor on duty finding her in a serious condition advised to send her to Dhaka Medical College Hospital. But for want of helping hands and as the address of the victim was not known they could not take any effective step at that ......e Ali Miah's house of East Haripur and raped her one after another causing profuse bleeding due to which she became senseless. Thereafter, local Chowkider Abdur Rahman (PW 4) and Jharu Miah (PW 5) recovered her from that place and got her admitted to Bhairab Health Complex where the doctor on duty f...... The accused appellant Taju, son of Sona Miah, is discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 499. ..Category: Criminal Law | Date: | Hits: 42
Tuta Pramanik (Md) Vs. State, 2007, 36 CLC (HCD)
.... submits that this is a fit case where the accused appellant should get benefit of doubt. 8. Mr. Md. Rabiul Karim, the learned Assistant Attorney-General appearing for the State, on the other hand, opposes the submissions of the learned Advocate for the appellant and submits that the allegat...... of local witnesses namely, Younus Ali (PW 2), Md. Rakib Uddin (PW 3), Md. Bahar Ali (PW 5), Sree Arjun Roy and Robi Das Chowkider in the bedroom of a two doors tin shed house of the appellant and recovered one 9 mm pistol about 7.5" long in the body of which it is written auto pistol cal -9 mm, 9 r......is set at liberty forthwith, if he is not wanted in connection with any other case. Send down the lower Court records expediÂtiously. Ed. This Case is also Reported in: 59 DLR (2007) 492...Category: Criminal Law | Date: | Hits: 42
Anisur Rahman Gazi alias Anisur alias Chhotu Vs. State, 2007, 36 CLC (HCD)
....ase for which the convict-appellant should get the benefit of doubt and should be acquitted. 9. Mr. Nikhilesh Dutta, the learned Deputy Attorney-General appearing for the State, on the other hand, vehemently opposes the contention of the learned Counsel for the appellant and submits that t......admitted that there are firearms under his control and possession and according to his version and pointing out a revolver loaded with two cartridges and one dagger measuring 15" in length were recovered and he could not produce any valid papers against those arms and ammunition. Accordingly, s......be set at liberty forthwith, if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 488. ..Category: Criminal Law | Date: | Hits: 34
Fida-ul-Huq Vs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)
....d in the Government and the same has been declared as abandoned property and the same has been managed and controlled by the Abandoned Property Authority. At present the property in question has been handed over to the Directorate of Accommodation and the Directorate of AccommoÂdation cannot allow ......Hashmat Ali J Syed Abu Kowser Md. Dabirush-Shan J Fida-ul-Huq……………………………………………………………………………………………….Petitioner Vs. Government of the People's Republic of Bangladesh and others…………..Respondents Judgment ...... Mr. S Naseem Anwar left Bangladesh and, as such, the said building, was declared as abandoned property under Presidential Order No. 16 of 1972 and the Government obtained the possession, control and management of the said building and directed the said petitioner to pay rent to the authority accord..Category: Property Law | Date: | Hits: 34
Superintendent Engineer, PWD & another Vs. A Mahiuddin and others, 2007, 36 CLC (HCD)
....d the aforesaid salami to the defendants and on 20-8-1986 lease deed was executed between the plaintiff and the defendant and the same was registered thereafter on 28-8-1986; that the defendant No. 5 handed over the possession of the suit land to the plaintiff; that the plaintiff spent a huge amount......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Petitioners Vs. A Mahiuddin and others.............................................Opposite Parties Judgment February 11, 2007. Cases Referred To- Government of People's Republic of Bangladesh and others vs. Khashru Miah, 58 DLR (AD) 46; Khodeja Be......e and the judgment and decree dated 4-3-2002 passed by the learned Joint District Judge, is hereby affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 476. ..Category: Property Law | Date: | Hits: 28
Jinnat Ali (Md) Vs. Md. Abu Bakkar Siddique and others, 2002, 31 CLC (HCD)
....nancy Act, 1950. The learned Assistant Judge, however, assessed the development cost at Taka 5388 which was to be deposited within 30 days by the preÂemptor in favour of the pre-emptee. On the other hand, the learned Subordinate Judge while disposing the appeal concurred with the findings of the le......n in the case of Rafiqul Alam Vs. Rahimuddin Sarkar and others reported in 34 DLR 180. Facts of the said case called for a decision as to what would be the priority in between the co-sharers inter se over the claim of the pre‑emption i.e. as between a co-sharer by inheritance and a co-sharer by pu......‘1995 in Miscellaneous Appeal No. 88 of 1995 are hereby affirmed. Send down the LCR with a copy of this judgment to the Court concerned. Ed. This Case is also Reported in: 55 DLR (2003) 92. ..Category: Property Law | Date: | Hits: 37
Mohsina Rahman alias Jaya Vs. Abdul Majid and others, 2001, 30 CLC (HCD)
....e mud and the question of raising objection for setting aside the same will not be needed and hence the error has resulted an error in the decision occasioning failure of justice. 19. On the other hand, Mr. MA Samad submits that as per provision of section 33 of the Arbitration Act, the petitione......ses if they are given a sum of Taka 20, 45,000. Hence, the real dispute is now about the quantum of payment of money to the petitioners. That the earlier suit and case between the same set of parties over the same subject matter should be disposed of first than the later suit as per well settled pri......the Miscellaneous Case No. 34 of 1998 and Title suit No. 142 of 1998 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 138. ..Category: Civil Law | Date: | Hits: 77
Mark Builders Limited Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....ence of any of the above grounds the Deputy Commissioner of Taxes has got no power to compute the income on any basis or in any manner he thought best. The Deputy Commissioner of Taxes in the case at hand rejected expenses of Taka 35,90,383 out of Taka 3,63,63,518 claimed in the absence of any findi......, if any, in the absence of any finding or information that the business of the respondent was the same in the year in question too. This method of raising the gross profit though received acceptance over use and application for years to compute the income does not appear to have any legal basis. Be......r observations. Let a copy of this order be also sent to the Chairman of the National Board of Revenue for guidance and proper action. Ed. This Case is also Reported in: 59 DLR (2007) 463...Category: Fiscal/Taxation Law | Date: | Hits: 99
Nirode Baran Barua Vs. Mrinal Kanti Das and others, 2006, 35 CLC (HCD)
.... In support of his submissions, the learned Advocate relied on a decision reported in 28 DLR 389. 4. Mr. Khondker Mahbub Hossain, learned Advocate, appearing for the complainant, on the other hand, submits, that learned Magistrate took cognisance of the case after holding judicial inquiry wh......e is discharged. The order of stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 456. ......e is discharged. The order of stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 456. ..Category: Criminal Law | Date: | Hits: 27
Zamir Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
.... the impugned judgÂment since suffers from legal and factual infirmity the same cannot be sustained against the convict-appellants which is liable to be set aside by this Court. 16. On the other hand, the learned Deputy Attorney-General Mr. Humayun Kabir Bulbul, after taking us through the rele......Act, 1908 against the accused persons who are 25 in number, including the convict-appellants and framed charge against all the accused persons on 16-9-2001 under the said section. The charge was read over to those convict/appellants who have been facing trial, namely Jamir Ali, Mainul, Matin Mia, Si......ellants be set at liberty at once if not wanted in any other case. Let a copy of the judgment along with the LCR be sent down immediately. Ed. This Case is also Reported in: 59 DLR (2007) 433...Category: Criminal Law | Date: | Hits: 30
New Zealand Milk Brands Ltd. Vs. Unilac Sanowara (BD) Ltd. & ors., 2005, 34 CLC (HCD)
.... further contended that the petiÂtioner is not an aggrieved person within the meaning of section 46 of the Act and is not entitled to maintain the present application for rectification. On the other hand, opposite party No. 1 claims that the predecessor-in-interest of the petitioner never marketed ...... Judgment July 3, 2005. Cases Referred To- Societe de Fabrication et de Distribution de Parfumerie et Cosmetique (DIPARCO) Societe Anonyme vs. Deputy Registrar of Trade Marks, Government of Pakistan, PLD 1979 Karachi 83; Messrs Kanshiram Surinderkumar a Firm vs. Messrs Thakurd...... 7-8-2004 is directed to be returned to the learned Advocate for the petitioner. Send down the Records of the Registrar at once. Ed. This Case is also Reported in: 59 DLR (2007) 424. ..Category: Intellectual Property Law | Date: | Hits: 187
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