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Monir Hossain alias Monir Vs. State, 2007, 36 CLC (HCD)
....……………..Convict-Appellant Vs. State………………………………………………..Respondent Judgment March 5, 2007. Lawyers involved: Md. Khandker Mahbub Hossain with Md. Abdul Awal, Advocates—For the Convict-Appellant. Nikhilesh ......Barguna in Nari-o-Shishu Nirjatan Daman Case No. 31 of 2000 is hereby affirmed. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 416. ..Category: Criminal Law | Date: | Hits: 33
Samiran Haider and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....s. Shafiuddin 50 DLR (AD) 27; SP Sampath Kumar vs. Union of India AIR 1987 SC 386; JB Chopra vs. Union of India AIR 1987 SC 357; SP Sampalh Kumar vs. Union of India has been overruled by the case of Chandra Kumar vs. Union of India AIR 1997 SC 1125. Lawyers involved: Amirul Islam with ......iction we are not inclined to go into their merits. Accordingly, these Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 410. ..Category: Employment/Service Law | Date: | Hits: 107
Mahbub-ur-Rahman Chowdhury Vs. DG, Bureau of Anti-Corruption and others , 2007, 36 CLC (HCD)
....ioner under section 4 (1) of the Act 26 of 1957 is without jurisdiction and without any lawful authority and is of no legal effect and, as such, the Rule should be made absolute. 12. On the other hand, Mr. Zaman Akhter Bulbul, the learned Deputy Attorney-General with Mr. AKM Salahuddin Khan, the...... In the result, the Rule is discharged without any order as to the cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 403. ..Category: Anti-Corruption Laws | Date: | Hits: 150
Rabiul Karim (Md.) Vs. State, 2005, 34 CLC (HCD)
.... was ante mortem and suicidal in nature. In the 2nd Medical Report the doctor could not give any opinion due to the decomposition of the dead body. None of PWs saw assault on the victim. On the other hand, they have admitted that on the night of occurrence this convict was not at home. So, the story......t aside. Let the convict Md. Rabiul Karim be set at liberty forthwith if not wanted in any other connection. Sent down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 401. ..Category: Criminal Law | Date: | Hits: 30
Syed Salahuddin Ahmed Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....-11-1993, the application of respondent No. 7 for lease was considered and the land in question was leased out to him by an agreement executed on 14-5-2003 and possession of the land had already been handed over to him on 26-5-2003. After execution of the lease deed in favour of respondent No. 7 and......able as soon as the CNG station was commissioned. In this connection, it is to be mentioned here that the Government property cannot be leased out without observing transparency. It is important to note that transparency inhibits corruption and promotes good governance. It is the duty of the Gover..Category: Constitutional Law | Date: | Hits: 200
Bangladesh Film Development Corporation Vs. Chairman, Labour Court & another, 2007, 36 CLC (HCD)
....ervice Regulations of the FDC is less favourable to the express provision of the Standing Orders Act that provision, in our view, is void ab initio." 25. The facts and circumstances of the case in hand are identical. Therefore, the principle expressed in the case referred to above fully applies t......discharged. The stay order passed at the time of issuance of these Rules is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 379. ..Category: Labour and Industrial Law | Date: | Hits: 181
State Vs. Kajal Ahmed Jalali, 2007, 36 CLC (HCD)
....………………………..Petitioner Vs. Kajal Ahmed Jalali (absconding)…………….Condemned-Accused Judgment March 5, 2007. Cases Referred To- Bangladesh (State) vs. Paran Chandra Baroi, 6 BCR (AD) 225. Sharad Birhichand Sarda vs. State of Maharashtra, AIR 1984 Supreme Cou...... said that Shyam Mia made a telephone call to the CID Office on that day and accordingly, he was brought there. He did not say what was the purpose to contact CID Officer all on a sudden. Nothing was noted down in the diary about his appearance on that date and reason for such act. He deposed that c..Category: Criminal Law | Date: | Hits: 109
Jakir Hossain Vs. Jel Vanu, 2005, 34 CLC (HCD)
....ses Referred To- Dewan Mohammad Safare Ali vs. Bangladesh 43 DLR 221; Gangamoyi Debi vs. Troiluckhya Nath Chowdhury 33 IA 60 at 65; Abani Mohan Saha vs. Assistant Custodian (SDO) Vested Property, Chandpur 39 DLR (AD) 223; Kiron Chandra Das vs. Sirajul Hoque Patwari 34 DLR 225; Saheda Khatun vs. S......etitioner and the opposite party, perused the application, the Affidavit-in-Opposition filed on behalf of the opposite party No. 1, and the judgments and decrees of the courts below. 7. This Court notes at the outset the submission of the Learned Counsel for the petitioner, Md. Muzibur Rahman tha..Category: Property Law | Date: | Hits: 32
Bonlac Foods Ltd. Vs. Unilac Sanowara (BD) Ltd. & another, 2005, 34 CLC (HCD)
....ty for costs may be returned to the learned Advocate appearing on behalf of the petitioner. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 332. ......h I believe is a mis-spelling of Sanowara Ltd, Dhaka; the mark being the word Diploma in class-29 and name of the product being milk powder. On the reverse, on page 2 of the examination report, it is noted that there were four other applications for registration of trademark with the name Diploma, t..Category: Intellectual Property Law | Date: | Hits: 199
Mobarak Hossain alias Jewel Vs. State, 2000, 29 CLC (HCD)
....se, have access to the report stating the names of the parties, the nature of the information and the names of the persons who appear to be acquainted with the circumstances of the case. On the other hand, there are good and obvious reasons why in the case of communications prior to that stage betwe...... of the Code of Criminal Procedure. 2. Short facts leading to the Rule are, that an inspector of police lodged a first information report against one Subrata Kumar Saha for counterfeiting currency notes and possessing the same and so a case was started against him under sections 25A(a) & (b) ..Category: Criminal Law | Date: | Hits: 25
Bhaskar Chakraborty Vs. State, 2006, 35 CLC (HCD)
....om the allegation of criminal breach of trust and cheating as enunciated by the decision of the case of Dewan Obaidur Rahman vs. State and another reported in 1999 BLD (AD) 128, whereas, on the other hand, the State relied upon the ground that the accused petitioner being admittedly agent under the ...... accused petitioner is directed to appear before the trial Court to face trial. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 325. ..Category: Criminal Law | Date: | Hits: 81
Naimuddin and another Vs. State, 2007, 36 CLC (HCD)
....ive them job and business and recovered papers with Indian addresses and some money. The women and children told him that they were brought by the accuseds to export to India. He seized the money and handed over the victims to thana and filed ejahar. He proved the ejahar marked Exhibit 1 and identif...... appeal is dismissed. The impugned judgment and order of conviction is hereby affirmed. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 314. ..Category: Criminal Law | Date: | Hits: 84
Eskayef Bangladesh Ltd. Vs. Commissioner of Taxes, 2004, 33 CLC (HCD)
.... 7. Mr. Mosharraf Hossain Khan, the learned Deputy Attorney-General appearing along with Mr. Kazi Waliul Islam, the learned Assistant Attorney-General on behalf of the respondent, on the other hand, submits that although the DCT disallowed the expenditure on some heads of the accounts, yet th......ct and, therefore, we do not find any substance in the submission of Mr. Altaf Hossain as to the mandate of law to accept an audited account even when the expenditures are not verifiable. It is to be noted that though some of the expenses were not verifiable as specifically pointed out by the DCT, y..Category: Fiscal/Taxation Law | Date: | Hits: 64
Monwar Mallik Vs. State, 2007, 36 CLC (HCD)
.... when she came out to respond to the natural call and took her to an open field and raped her against her will and thus he committed an offence under section 9(1) of the said Ain. 19. On the other hand, defence totally denies the case of the prosecution taking an alibi that the accused had a land...... be set at liberty forthwith if not wanted in any other case. Send down the LCR at once along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 301. ..Category: Criminal Law | Date: | Hits: 38
Titas Gas Transmission and Distribution Co. Ltd. Vs. Shams Company and others, 2001, 30 CLC (HCD)
....ion cannot be allowed to come in the way of justice. 9. In reply, Mrs. Sufia submitted that defendant No. 1 had never asked the plaintiff to execute and register the kabala. Defendant No. 1 had no hand to whatever the plaintiff did and therefore, the defendant No. l appeal cannot fail on legal gr......unity of hearing to both parties and as soon as within six months, from the date of receipt of the records. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 128...Category: Property Law | Date: | Hits: 31
Md. Abdul Khaleque and another Vs. Manik Chandra Sheel and others, 2010, 39 CLC (AD)
....late Division (Civil) Present: Mohammad Fazlul Karim CJ Bijan Kumar Das J Md. Muzammel Hossain J Md. Abdul Khaleque and another………………………Petitioner Vs. Manik Chandra Sheel and others………………………Respondents Judgment March 4, 2010. Lawye......of the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is Reported in: 16 MLR (AD) 2011, 16. ..Category: Property Law | Date: | Hits: 29
Mokim alias Md. Mokim Vs. State, 2002, 31 CLC (HCD)
.... Tribunal Case. 4. During trial charge was framed on 14‑5-1997 under sections 365/387/342 of the Penal Code. 5. In this case prosecution examined as many as 10 witnesses while, on the other hand, defence examined none. After examination of prosecution witnesses the accused persons were exa....... Let the appellant be set at liberty forthwith if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ..Category: Criminal Law | Date: | Hits: 38
Delower Hossain @ Ali Hossain Bhuiyan Vs. State, 2001, 30 CLC (HCD)
....ade above. 13. On consideration of the above discussion we do not find any legal flaws in the impugned judgment and order of conviction and sentence passed by the learned trial Court, on the other hand, the learned Counsel moved that petition on the grounds which are not at all competent to attra......n if he is entitled in exercising the power under section 561A of the Code of Criminal Procedure. In view of the foregoing discussion we hold that this Rule is liable to be discharged. It is to be noted here that the observation which we made in the foregoing paragraphs are for the purpose of dis..Category: Criminal Law | Date: | Hits: 37
Azizur Rahman Vs. Mariamunnessa and others, 2001, 30 CLC (HCD)
....amtazuddin Ahmed J Azizur Rahman………..…………Petitioner Vs. Mariamunnessa and others….………..Opposite Parties Judgment July 24, 2001. Cases referred to- Upendra Chandra Rishi and others vs Sufia Begum and others 42 DLR (AD) 285; Amirun Nessa and others vs Gulam ...... directed to dispose of the suit within one year from the date of receipt of this judgment and order. Send down the lower court records. Ed. This Case is also Reported in: 54 DLR (2002) 108. ..Category: Property Law | Date: | Hits: 44
Matasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (HCD)
....ule stands discharged. Order of stay recorded by this Court at the time of issuance of Rule dated 5-11-2000 stands vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 104. ......is in possession of area covered by purchase deed or much more land in his possession. (ii) To relay whether defendant has been possessing any lands in excess of land purchased by him. (iii) To note physical features of the land and to submit Field Book, Map, etc. 11. Report submitted by le..Category: Administrative Law | Date: | Hits: 236