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Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)
....Rabindra Nath Majhi and others……………………..Respondents Judgment August 8, 2007. Cases Referred To- Manorama vs. Shiva Sundari 24 CWN 480. Kali Das vs. lshan Chander 31 Cal 914 (PC); State vs. Pali Ram, AIR 1974 (SC) 14; Bangladesh vs. AKM Saifiil Alam 9 MLR ......arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ..Category: Property Law | Date: | Hits: 68
Sylhet Gas Fields Ltd. Vs. Chairman, 2nd Labour Court and another, 2007, 36 CLC (HCD)
.... section 25 of the Employment of Labour (Standing Orders) Act 1965 the subsequent case under section 34 of the Industrial Relations Ordinance, 1969 was not maintainable at all. 6. On the other hand, Mr. Sirajul Huq, the learned Advocate appearing for respondent No. 2, has argued that a worker......ischarged on contest without any order as to cost. The stay order passed at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 576. ..Category: Labour and Industrial Law | Date: | Hits: 114
Aziz Hasan and others Vs. Bangladesh, 2007, 36 CLC (HCD)
....t of BanglaÂdesh and 6 others) appears to us not correctly decided due to the failure of the then Attorney-General to point out the distinction between 42 DLR (AD) 167 and 48 DLR (AD) 199 on the one hand and the case of Mustafizur Rahman on the other." 21. In Monohar Ali, (2003 23 BLD (AD) 5......ely read the aforesaid decisions particularly those of the Appellate Division. We find in the case of A. Hannan only the scope of section 19 of the Act empowering exemption was considered. It is also noted that after said decision, section 30A was inserted in the Act with effect from July 1, 1995. A..Category: Fiscal/Taxation Law | Date: | Hits: 64
Enamul Haq (Md) Vs. Jatiyo Bishwabiddalay and others, 2007, 36 CLC (HCD)
....t in any way in conflict with the Rules and Regulations prescribed by the University. 8. Mr. Khair Ezaz Maswood, learned Advocate appearing on behalf of respondent Nos. 1, 2, 4 and 5, on the other hand, submits that the petitioner has connection with a militant group banned by the Government and,......uld be easily detected that the letter of appointment was, in fact, sent to the address of the petitioner. This submission of the learned AdvoÂcate cannot be brushed aside. 12. It is important to note here that (1) Mr. Md. Nojibur Rahman (2) Mr. Md. Anwarul Kabir, the applicants for the posts of..Category: Employment/Service Law | Date: | Hits: 65
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...... 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
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......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
.... 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. ......e like petiÂtioners with the approval of Governor. In rule 2 of the Regulations, 2003 clearÂly shows that the regulations shall apply to all employee of the Bank and definiÂtion of the employee is noted in rule 3(1) (a). It appears that the General Manager has given power to terminate service of ..
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, ......‘6, however, does not specifically refer to CI. Fittings or cast iron fittings but refer to unwrought and partly wrought common metals and their alloys. In the alphabetical list of goods of the above noted manual also does not refer to any goods or products as cast iron fittings or tubewell but refe..Category: Intellectual Property Law | Date: | Hits: 175
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...... Speedy Trial Tribunal stating that the age of the accused is below 14 years and, as such, the case is legally to be tried by Juvenile Court. On the basis of the application, the learned Judge gave a note in the order sheet on 27-10-2004 ordering the office to write a letter to the Civil Surgeon, Kh..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......sed persons upon being influenced by various people. In his further cross-examination, he admitted that his son Jahangir is affiliated to a political party. He denied the sugÂgestion that Mahima was note raped and that she committed suicide due to family reasons and that she was of immoral characte..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 ...... 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......cited as seizure list witnesses did not support the prosecution case and all other witnesses like PWs 1, 6,7 and 9 are the police witnesses whose testimonies cannot be relied. 21. It has to be noted that from the evidence on record it is found that the appellant was not present at the time of..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......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
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......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......‘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......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...... version of accounts regularly employed in mercantile system and duly audited. 6. The respondent ultimately submitted revised return of loss of Taka 16,87,555. The Deputy Commissioner of Taxes noted in his order that pursuant to notice under section 79 and 83(1) of the Ordinance an authorised..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. ..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......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 ......rade Marks Act. Accordingly, it is my view that the registration obtained under trademark registration No. C-62724 in Class-29 dated 28-11-1999 is liable to be expunged. 17. Furthermore, it is noted that the Registrar registered the trademark of opposite party No. 1 when the trademarks of Uni..Category: Intellectual Property Law | Date: | Hits: 187
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