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Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)
....ay frame proper guidelines for giving effect to the intention of the legislature in matters of fixing the capacity and the rate thereof. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 32.......etition Nos. 1092 and 1115 of 1989). M Nurullah with AQM Shafiullah and Md. Bazlur Kabir, Advocates ‑ For the Petitioner (In Writ Petition No. 465 of 1989). AK Mujibur Rahman, Deputy Attorney General ‑ For the Respondents (In all the writ petitions). Writ Petition Nos. 728, 803, 802 and......ay frame proper guidelines for giving effect to the intention of the legislature in matters of fixing the capacity and the rate thereof. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 32.......iction) Present: Qazi Shafiuddin J Kazi AT Manowaruddin J Eastern Beverage Industries Ltd………………………………………….Petitioner (In Writ Petition No. 728 of 1990) Bangladesh Beverage Industries Ltd. and another.............Petitioner (In Writ Petition No. 803 of ..Category: Fiscal/Taxation Law | Date: | Hits: 199
National Fans Ltd. Vs. Md. Firoz and another, 1995, 24 CLC (HCD)
....ontroller of Patents & Designs, is directed to remove the said design from the record and register of design. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 437.......ontroller of Patents & Designs, is directed to remove the said design from the record and register of design. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 437.......ontroller of Patents & Designs, is directed to remove the said design from the record and register of design. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 437.......' being a novelty, should not have been granted. Moreover, the registration of the design of the petitioner predates the registration of the respondent's design and, as such, was already published in Bangladesh. 5. The respondent's case, as set out in his counter affidavit, is that the respondent..Category: Intellectual Property Law | Date: | Hits: 192
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
....fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290.......pellate Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Moazzem Hossain, Deputy Attorney-General………………………Appellant Vs. State…………………….Respondent J......fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290.......uite adequate to understand the issues involved. 3. To commit someone for contempt of Court and punish him for it, if found guilty, is the inherent power of a Court of record. The Supreme Court of Bangladesh is such a Court. The power is, no doubt, extra-ordinary. The Judge who commits any one ..Category: Criminal Law | Date: | Hits: 116
....of the Constitution.
In the result, the appeal is allowed without any order as to costs. The order of the Labour Court is set aside.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 251. ......der) Act, 1965.
2. Appellant No.1 is a Company incorporated in Bangladesh and Appellant No.2 is the Manager of the said Company. One Abul Bashar was an employee under Appellant No.1 and was also General Secretary of Respondent No. 4, a Union formed of the employees of Appellant No.1 and regis......of the Constitution.
In the result, the appeal is allowed without any order as to costs. The order of the Labour Court is set aside.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 251. ......reinstating an employee of Appellant No.1 whose service was terminated under section 19 (1) of the Employment of Labour (Standing Order) Act, 1965.
2. Appellant No.1 is a Company incorporated in Bangladesh and Appellant No.2 is the Manager of the said Company. One Abul Bashar was an employee un..
Category: Labour and Industrial Law | Date: | Hits: 167
Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)
....ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284....... 603. Lawyers Involved: Moinul Hosein and Md. Joynal Abedin, Advocates, Supreme Court, instructed by Md. Aftab Hossain, Advocate on Record - For the Appellant. B. Hossain, Assistant Attorney-General, instructed by A.W. Mallik, Advocate on Record - For the Respondent. Criminal Appeal No.......inst the appellant under section 561A of the Code of Criminal Procedure. 10. The criminal proceedings, G.R. Case No.88 of 1875, arose from a First Information Report lodged with the Swarupkati Police Station on 29-5-75 by the Regional Manager of the Sonali Bank against the accused appellant......in the meantime he disbursed a sum of Tk. 2 lakh to the accused No.2 (by way of illegal temporary over-draft) "in gross violation of the Bank's Rules and against the credit restriction imposed by the Bangladesh Bank". It was mentioned that the accused Manager did not take any approval, from the Head..Category: Criminal Law | Date: | Hits: 95
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:......vice PLC, 1990 2 Admin LR 77 DC; R Vs. Disciplinary Committee of the Jockey Club, ex parte Aga Khan 1993 1 WLR 909 CA; R Vs. Criminal Injuries Compensation Board, ex parte Lavin (1967 2QB 864); R Vs. General Medical Council ex-parte Gee 1986, 1 WLR 1247; R Vs. Trustees of Roman Catholic Diocese of W......h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:......vision Special Original Jurisdiction Present: AHM Shamsuddin Choudhury J Sheikh Md. Zakir Hossain J A.F. Shahab Uddin Ahmed......... Petitioner. Vs. National Shooting Federation, Bangladesh, South East Corner of Gulshan Model Town, P.S. Gulshan, Dhaka, and others......... Respon..Category: Property Law | Date: | Hits: 159
....nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered.
Gobinda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
......s Trust Vs. High Trees House Ltd (1947 K B 130); Combe Vs. Combe (1951 2 K B 215); Schmidt Vs. the Home Secretary (1969 2 Ch. 149); Re Liverpool Taxi Owners Association (1972 2 ALL E R 589); Attorney General of Hongkong Vs. Ng Yuen Shin (1983 2 AC 629); Council of Civil Service Unions Vs. Minister f...... two late Freedom Fighters Advocates, named Shahid Advocate AKM Siddique and Shahid Advocate Abdul Ahad.
The petitioner has been running orphanage for 30 boys, located at village Sonapur under the Police Station Sudhram of District Noakhali.
6. Recognising the petitioner’s glorious performan......ioner.
A.B.M. Altaf Hossain, Deputy Attorney General - For the respondents.
Writ Petition No. 2709 of 2008.
An application under Article 102 of the Constitution of the People’s Republic of Bangladesh.
Judgment
AHM Shamsuddin Choudhury J. - The Rule under adjudication, issued on 6th ..
Category: Civil Law | Date: | Hits: 218
Oli Ahmed Vs. State, 2012, 41 CLC (HCD)
....ed is set aside. The appellant is acquitted of the charge leveled against him. Send down the records of lower Court. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ...... Judgment June 13, 2012. Result: This jail appeal is allowed. Lawyers Involved: Zinat Akhter Nazley Begum, Advocate - for the appellant. Yousuf Mahmud Morshed, Assistant Attorney General - for the respondent. Jail Appeal No. 1836 of 1996 Judgment Md. Ruhul Quddus J. - T......r three months more. By the same judgment, learned Assistant Sessions Judge also convicted and sentenced two others co-accused. 2. Informant Serajul Haque finding the Officer-in-charge of Chokoria Police Station, Cox’s Bazar available at the office of Taitong Union Parishad on 10.1.1993 lodged ......ed is set aside. The appellant is acquitted of the charge leveled against him. Send down the records of lower Court. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 95
Mohibul Alam Vs. State, 2012, 41 CLC (HCD)
....lant under clause 1(Ka) of section 19(1) of the Madak Drobyo Niyontron Ain, 1990 and sentencing him there under to suffer simple imprisonment for eight years. 2. Informant Md. Anwar Hossain, a Sub-Inspector of the Directorate of Narcotics Control, Kushtia Circle produced the arrested appellant to............................ Respondent Judgment May 13, 2012. Result: The jail appeal is dismissed. Lawyers Involved: No one appears - for the appellant. Khizir Hayat, Deputy Attorney General with Yousuf Mahmud Morshed, Assistant Attorney General- for the respondent. Jail Appeal N......er to suffer simple imprisonment for eight years. 2. Informant Md. Anwar Hossain, a Sub-Inspector of the Directorate of Narcotics Control, Kushtia Circle produced the arrested appellant to Kushtia Police Station on 5.12.2006 and lodged an ejahar alleging, inter alia, that on the basis of secret i......ions Judge, Court No. 3, Kushtia in Session Case No.86 of 2007 is maintained. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 81
Md. Tarique Aziz Vs. State, 2012, 41 CLC (AD)
.... pleaded not guilty and claimed to be tried. 5. In course of trial, the prosecution examined the witnesses, namely, P.W. 1 Md. Mosharraf Hossain, the informant; P.W. 2 Shaikh Mashiur Rahman, a Sub-Inspector of Police deputed to RAB-5 and a member of the raiding party, which arrested the appellant......Opposite Party Judgment March 15, 2012. Result: The jail appeal is allowed. Lawyers Involved: Hasna Begum, Advocate - for the appellant. Yousuf Mahmud Morshed, Assistant Attorney General - for the opposite party. Jail Appeal No. 343 of 2007. Judgment Md. Ruhul Quddus J.......teen years. 2. Facts leading to this appeal, in brief, are that the informant Md. Mosharrf Hossain, a Warrant Officer deputed to RAB-5 produced three persons along with 3978 detonators to Godagari Police Station on 18.12.2005 and lodged an ejahar alleging, inter alia, that on the previous day he ......raiding party arrested the appellant from his house on 9.12.2005 and recovered fifteen militant books and three audio cassettes there from. He (appellant) was a member of J. M. B (Jamaatul Mujahedin, Bangladesh, an organization of Islamist Militants). Immediately after securing his arrest, the appel..Category: Criminal Law | Date: | Hits: 119
Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)
.... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judgment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ......LR 639; Bangladesh Vs. Syed Chand Sultana, 51 DLR (AD) 24, at para-4. Lawyers Involved: Moudud Ahmed with Raziuddin Ahmed, Advocates - For the Petitioner. Mahbubey Alam, the learned Attorney General with Md. Mizanur Rahman, Advocate with Mostafa Zaman Islam, Deputy Attorney-General - For th...... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judgment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ......ni Unnayan Kartipakkha (RAJUK) & others……………………Respondents Judgment December 8, 2010. Result: The Rule is made absolute. Cases Referred to- CQMH Md. Ayub Ali Vs. Bangladesh, 47 DLR (AD) 71; Mrs. Amena Khatun Vs. Chairman, Court of Statement, 15 MLR (AD) 438 = 63..Category: Property Law | Date: | Hits: 127
SM Kamaluddin Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....s so worked out to the income of the assessee as income from other sources within the meaning of section 19(3) of the Income Tax Ordinance, 1984; (b) Whether the Department could legally use the Inspector's Report against the assessee without affording him any opportunity to controvert the same....... the Commissioner of Income Tax, Punjab, (1944) 12 ITR 393 (Lahore). Lawyers Involved: MA Noor with Majedul Islam Patwary, Advocates - For the Applicant. Kazi Waliul Islam, Deputy Attorney-General - For the Respondent. Reference Application No.28 of 2001. Judgment Md. Abdur Rashi...... questions in the negative and against the revenue department and in favour of the assessee. The parties shall bear their own cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 191. ...... questions in the negative and against the revenue department and in favour of the assessee. The parties shall bear their own cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 191. ..Category: Fiscal/Taxation Law | Date: | Hits: 151
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ......cision in the case of Government of the Republic of Bangladesh, represented by the Deputy Commissioner Feni Vs. Har Chandra Nath reported in 10 MLR (AD) 313. "10. The learned Additional Attorney-General submitted that the plaintiffs were very such aware of the preparation of the wrong record of......nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ......nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ..Category: Property Law | Date: | Hits: 123
Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ......Humayun, Abdul Matin Khasru, SM Rezaul Karim, AKM Rabiul Hassan, Md. Mehedi Hasan Chowdhury and Jahangir Hossain Salim, Advocates - For the Accused-Petitioner. Md. Motahar Hossain, Deputy Attorney-General with Mahabub-ul-Alam, Assistant Attorney-General and Dr. Md. Bashir Ullah, Assistant Attorne......roup). On 24-11-1997 the local agents further made payment of Taka 1 crore to the seller of land by way of cheque/pay order as the purchase price of the said land. 3. On receipt of the FIR Tejgaon Police Station Case No.2 dated 2-9-2007 under section 161/163/164/165/165A/109 of the Penal Code rea......e-Parties Judgment April 13, 2010. Result: The rule is made absolute. Cases Referred to- AKM Rafiqul Islam Vs. State, 17 BLD 198; Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38; Bangladesh Vs. Tan Kheng Hock, 31 DLR (AD) 69; Tofail Mohammad Vs. Crown, 6 DLR 143; Ali Ahmed Molla..Category: Criminal Law | Date: | Hits: 156
....erve the notice at the cost of office.
We felt that the prayer is a cogent one and hence, resolved to accede to the same.
Jahangir Hossain J. - I agree.
Ed.
This Case is also Reported in:
......espondents
Judgment
January 19, 2012.
Result:
The Rule is made absolute.
Lawyers Involved:
Manzill Murshid, Advocate - for the petitioner.
A. B. M. Altaf Hossain, Deputy Attorney General with Yehida Zaman, Assistant Attorney General - for the Respondent.
Writ Petition No. 959...... stopped. No. 3 incident occurred recently, but the orders from the DC, went down very sharply and adequately to ensure necessary steps against the concerned people. Duty to enforce law lies with the Police Department/RAB-12, and they have executed orders issued by DC, and are still pursuing their d......
This Case is also Reported in:
..
Category: Property Law | Date: | Hits: 159
Nurul Amin Bhuiyan Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....he above observation the Rule is discharged and the order of status quo passed at the time of issuing the Rule is vacated. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......he above observation the Rule is discharged and the order of status quo passed at the time of issuing the Rule is vacated. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......he above observation the Rule is discharged and the order of status quo passed at the time of issuing the Rule is vacated. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......n: ..Category: Civil Law | Date: | Hits: 129
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....eferendum nor it is ultra vires the Constitution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ......: MI Farooqui, Senior Advocate with M Saleem Ullah (in person) M Mohsen Rashid, Ruhul Quddus, Md. Abdul Mannan Khan and Rezia Sultana, Advocates—For the Petitioner. AF Hasan Ariff, Attorney‑General, with AJ Mohammad Ali, Additional Attorney‑General, Fida M Kamal, Additional Attorney‑Ge...... 5. Contempt provision which was made earlier should be restored. 6. Activities of the summary trial Courts should be strengthened. 7. The Election Commission must monitor and ensure that the Police should exercise its power given in Article 87A of the Representation of the People Order, 197......Original Jurisdiction) Present: Md. Joynul Abedin J Md. Awlad Ali J Mirza Hussain Haider J M Saleem Ullah Advocate, Supreme Court...................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law and Parliamentary Affairs, Government of t..Category: Constitutional Law | Date: | Hits: 215
Overseas Garments Industries (Pvt.) Ltd. Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ......bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ......bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ......preme Court High Court Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Md. Emdadul Huq J Overseas Garments Industries (Pvt.) Ltd..............Petitioner Vs. Bangladesh and others.................................Respondents Judgment January 12, 2005. ..Category: Civil Law | Date: | Hits: 129
State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)
....the aforesaid Jail Appeal. The reference and the appeal have been heard together and this judgment would govern them both. 2. On the basis of a forwarding dated 31‑3‑1990 by one SM Nizamuddin, Inspector, Narcotics Control Directorate, West Circle, Dhaka Metro Sub Zone. CR Case No.91 A3 of 199......the Jail Appeal is dismissed with the modification. Lawyers Involved: Serajul Huq with Anisul Huq and Tawfika Karim, Advocates ‑ For the Condemned Prisoner. SA Hasan, Assistant Attorney‑General ‑ For the State. Death Reference No.38 of 1991 with Jail Appeal No.2197 of 1991. Jud......ught to Narcotics Control Room at 41, Segunbagicha. Thereafter on production before the Magistrate a remand for 7 days was prayed for but allowed for 3 days only and in the night he was kept at Ramna Police Station. On 1‑4‑1990 he was interrogated and in the course of interrogation the name of o......g. According to the instruction 8 Inspectors scattered themselves over the area of No.1 Gulshan maintaining liaison between them. Information revealed that two foreigners shall smuggle heroin through Bangladesh, one of them was of dark complexion and another of fair complexion and the information co..Category: Criminal Law | Date: | Hits: 164
Shahidullah Patwary Vs. State, 1983, 12 CLC (AD)
....ismissed. The opinion expressed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ......Kohli Vs. The State, AIR 1967 Cal. 460. Lawyers Involved: Rafiqul Islam, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Appellants. A.W. Bhuiyan, Additional Attorney-General instructed by A.W. Mallik, Advocate-on-Record -For the Respondent No.1 (State). Rafiqur R......he property when called for, in addition to or independent of the forfeiture of his bond under section 514 of the Code of Cr P. 2. The appellant lodged a First Information Report with the Kachua Police Station against respondent No.2 alleging that the latter had stolen away his tractor whereupo......ismissed. The opinion expressed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ..Category: Criminal Law | Date: | Hits: 111
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