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Md. Bazlur Rashid Vs. Bangladesh, 2008, 37 CLC (AD)

.... M.M. Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Bazlur Rashid ………………………............Petitioner Vs. Bangladesh, repre­sented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bang......ecision and there is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 53. ...... Parliamentary Affairs and others, 16 BLD (AD) 110. Lawyers Involved: Mohammad Hossain, Advocate, instruct­ed by A. K. M. Shahidul Huq, Advocate-on-record-For the Petitioner. Civil Petition for Leave to Appeal No. 474 of 2007. Judgment Md. Tafazzul Islam J.- This petition for leave t......ecision and there is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 53. ..

Category: Civil Law | Date: | Hits: 105

Government of Bangladesh and others Vs. Kamrun Nahar and 5 anothers, 2010, 39 CLC (AD)

.... (AD) (2011) 18, VIII ADC (2011) 95, 8 LG (AD) (2011) 21.......on Rules, 1981. These petitions are disposed of with the above modification and observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 18, VIII ADC (2011) 95, 8 LG (AD) (2011) 21.......rs. (In all the cases). Mahmudnl Islam, Senior Advocate (with SM Atiqur Rahman), instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Respondents. (In all the cases). Civil Petition for Leave to Appeal Nos. 1508-13 of 2010. (From the judgment and order dated 9.7.2009 passed by t......on Rules, 1981. These petitions are disposed of with the above modification and observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 18, VIII ADC (2011) 95, 8 LG (AD) (2011) 21...

Category: Employment/Service Law | Date: | Hits: 91

Chairman, Chittagong Water Supply & Sewerage Authority (CWASA) and others Vs. EPI-BFEW Consortium & others, 2010, 39 CLC (AD)

....d application for prequalification for the Design, Cons­truction, Commissioning and Handing Over of a 90 MLD Surface Water Treatment Plant at Mohara on 4th July 2005. The writ-petitioner Company and Bangladesh Foundry and Engineering Works Ltd. (BFEW) formed a con­sortium with Engineering Projects......ts. The impugned judgment and order passed by the High Court Division making the Rules absolute are set aside. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 9, VIII ADC (2011) 146. ......T No. MWSP-WTP-01/2005 issued on 04-07-2005 by the writ-respondent No. 5. 2. The facts involved in the case, in short, are that the respondent as the writ-petitioner filed the said writ petition before the High Court Division challenging the decision of the Cabinet Purchase Committee dated 21-8-2......ts. The impugned judgment and order passed by the High Court Division making the Rules absolute are set aside. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 9, VIII ADC (2011) 146. ..

Category: Others | Date: | Hits: 164

Ziaul Karim Farazi and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)

....esent: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Md. Muzammel Hossain J Ziaul Karim Farazi and others .....................................Petitioners Vs. Government of Bangladesh represented by the Secretary, Ministry of Finance, (Finance Division) Bangladesh Secretar......smissed the A.T. Case No. 89 of 2000. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 111, 63 DLR (AD) (2011) 119. ........................Respondents Judgment August 2, 2009. Lawyers Involved: Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1758 of 2008. (From the judgment and order dated 29.06.2008 passed by the......smissed the A.T. Case No. 89 of 2000. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 111, 63 DLR (AD) (2011) 119. ..

Category: Administrative Law | Date: | Hits: 215

Government of Bangladesh Vs. Messers Khalil Steels, 2008, 37 CLC (AD)

....09. ......he High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 109. ......and another……….Respondents Judgment August 12, 2008. Lawyers Involved Zainul Abedin Advocate-on-record-For the Petitioners. Not represented-For the Respondents. Civil Petition for Leave to Appeal No. 930 of 2007. (From the Judgment and Order dated 23 April, 2007 passed by ......he High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 109. ..

Category: Fiscal/Taxation Law | Date: | Hits: 93

Yusuf Jamil Babu Vs. Bangladesh and others, 2009, 38 CLC (AD)

....e Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedm J Md. Abdul Matin J Yusuf Jamil Babu.....................................Petitioner Vs. Bangladesh and others .........................Respondents Judgment February 5, 2009. Lawy...... above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 102. ......ord- For the Petitioner. Mahmudul Islam, Senior Advocate instructed by Syed Mahabubar Rahman, Advocate-on-Record-For Respondent No.8. Not represented- Respondent Nos. 1-7. Civil Petition for Leave to Appeal No.199 of 2009. (From the judgment and order dated the 20th day of January, 2...... above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 102. ..

Category: Election Law | Date: | Hits: 116

Islami Bank Bangladesh Ltd. Vs. Shohag Medicine Supply and others, 1998, 27 CLC (HCD)

.... This Case is also Reported in: 52 DLR (2000) 571. ......e plaintiff bank will be at liberty to realise the amount through the process of the Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (2000) 571. ......ite of that he managed to repay Taka 11,000.00 to the bank. His case is that due to financial stringency he was not in a position to repay the bank’s dues. 4. Both the parties adduced evidence before the trial Court. The Artha Rin Adalat on consideration of the evidence on record and the facts ......e plaintiff bank will be at liberty to realise the amount through the process of the Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (2000) 571. ..

Category: Banking Law | Date: | Hits: 199

Kamruzzaman (Md.) alias Zaman Vs. State, 2000, 29 CLC (HCD)

....ion of neighbours including Md. Alam Hossain and Md. Jalil in whose presence the statues were seized. On interrogation appellant Kamruzzaman gave out that contractor Hanif smuggles antiquities out of Bangladesh and for the said purpose accused Mofiz of Manda collected the aforesaid statues for Hanif......har, District-Rajshahi be enlarged on bail in Motihar PS Case No.2 dated 6-3-2000 to the satisfaction of the District Magistrate, Rajshahi. Ed. This Case is also Reported in: 52 DLR (2000) 556. ......ocess the appellant took out two touchstone statues of god ‘Ram’ and goddess ‘Seeta’ weighing about 15 Kg and 1 Kg. respectively worth about Taka 4 lac. No sooner had the statues been offered for sale, the police party waiting outside stormed into the house and arrested the appellant under s......har, District-Rajshahi be enlarged on bail in Motihar PS Case No.2 dated 6-3-2000 to the satisfaction of the District Magistrate, Rajshahi. Ed. This Case is also Reported in: 52 DLR (2000) 556. ..

Category: Criminal Law | Date: | Hits: 72

Bally Schutrabriken Ag, Switzerland Vs. Hosnara Begum, 1999, 28 CLC (HCD)

....ia and Pakistan and is used since the year 1851 first in Switzerland and subsequently in other countries of the world. To protect and safeguard their right, interests and titled to such trade mark in Bangladesh the appellants applied for its registration to the Registrar of trade marks hereinafter c......ined to interfere with the impugned judgment and order. The Court fees paid are correct. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 52 DLR (2000) 546. ......ector was rejected. 2. The appeal arises out of the following facts and circumstances. The respondent No.1 Messrs Hosnara Begum trading as “BALLY” shoes, filed application No.15884 in Class-25 for registration of the trade mark as “BALLY” shoes having her office at 230/4 New Elephant Road......ined to interfere with the impugned judgment and order. The Court fees paid are correct. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 52 DLR (2000) 546. ..

Category: Intellectual Property Law | Date: | Hits: 210

M/S. G. K. Brothers and another Vs. M/S. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)

....late Jurisdiction) Present: Shahidul Islam J Md. Rais Uddin J M/S. G. K. Brothers and another……………... Principal-Defendant-Appellants Vs. M/S. Imperial Chemical Industries Bangladesh Limited……………Plaintiff-Respondent Judgment March 20, 2011. Cases Referr......the suit land in favour of appellants through court. The office is directed to send down the lower Court’s record at once. Md. Rais Uddin J.- I agree. Ed. This Case is also Reported in: ......decree dated 02.11.1996 passed by the learned Sub-ordinate Judge, 3rd Court, Chittagong in Other Suit No. 100 of 1995 decreeing the suit. 2. The respondent as plaintiff instituted the suit seeking for the following relieves; অতএব বাদী নিন্মমতে প্রার্থ......the suit land in favour of appellants through court. The office is directed to send down the lower Court’s record at once. Md. Rais Uddin J.- I agree. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 110

Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)

.... (HCD) (2010) 194; 15 MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ......a copy of this judgment be communicated at once. Sheikh Abdul Awal J. - I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 194; 15 MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ......f 1999 by Nari-o-Shishu Nirjatan Daman Bishesh Adalat, Manikganj purportedly under section 6(2) of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 (Act of XVIII of 1995) should not be brought before this Court so that it may satisfy itself that the petitioner is not being held in custody witho......a copy of this judgment be communicated at once. Sheikh Abdul Awal J. - I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 194; 15 MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ..

Category: Criminal Law | Date: | Hits: 128

Shahidul Islam Mohan @ Mohan Huzur Vs. State, 2011, 40 CLC (HCD)

.... the accused appellant is a suspected accused of Kushtia Police Station Case No.34 dated 29.01.2010 under section 302/34 of the Penal Code; that he was absconded at India and on 18.06.2010 he came to Bangladesh to meet his associates; that after his information he lodged G. D. Entry No.774 dated 18.......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......rs Act, against the order dated 11.11.2010 passed by the learned Special Tribunal, 3rd. Court, Kushtia in Special Tribunal Case No. 188 of 2010 under section 19A of the Arms Act, rejecting the prayer for bail of the appellant. 2. Prosecution case in short is that on 19.06.2010 one S. I. Ziaul Ahs......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 91

Ershad Ali Vs. State, 2000, 29 CLC (HCD)

....t Judgment June 4, 2000. Cases Referred To- Ocean Industries Ltd. Vs. Industrial Development Bank 18 DLR (SC) 354 and PLD 1966 (SC) 938; Dira Dockyard and Engineers Ltd. and others Vs. Bangladesh Shilpa Rin Sangstha & others, 39 DLR (AD) 59. Lawyers Involved: Umme Kulsum Rek......n of the District Magistrate, Chandpur. The learned tribunal will however be at liberty to cancel bail if there is any misuse of the same. Ed. This Case is also Reported in: 52 DLR (2000) 544.......3. Bail petition of the appellants was rejected by the impugned order 7-3-2000 holding, inter alia, that on 10-3-99 at about 1-40 AM the appellants along with a group of miscreants were lying in wait for the arrival of their adversaries and on seeing the police closing in, they started fleeing away ......n of the District Magistrate, Chandpur. The learned tribunal will however be at liberty to cancel bail if there is any misuse of the same. Ed. This Case is also Reported in: 52 DLR (2000) 544...

Category: Criminal Law | Date: | Hits: 38

Habib Bank Ltd. Vs. Eastern Bank Limited and another, 1999, 28 CLC (HCD)

....e High Court Division. 13. Mr. Mainul Hosein submits that the decretal amount sometimes may be a very big amount and if 50% in cash is to be deposited by Treasury Challan either in the Treasury or Bangladesh Bank it is very difficult to do it in view of the fact that such huge amount of the decre......l be registered if it is otherwise in order. The assistance rendered by the two learned Senior Advocates of the Bar is highly appreciated. Ed. This Case is also Reported in: 52 DLR (2000) 537.......Respondent Opposite Party. MA Halim with AM Moniruzzatnan Lasker Advocates—For the Respondent Opposite Party. FAT No. 358 of 1999. Judgment Md. Mozammel Hoque J.- This is an application for acceptance of Bank Guarantee with respect to deposit of half of the decretal amount to the Court......l be registered if it is otherwise in order. The assistance rendered by the two learned Senior Advocates of the Bar is highly appreciated. Ed. This Case is also Reported in: 52 DLR (2000) 537...

Category: Civil Law | Date: | Hits: 87

Foto Fast Color Lab Vs. Bangladesh & others, 2000, 29 CLC (HCD)

....2000) 533.......onsequent right of the parties to proceed in accordance with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 533....... the business under the name and style “Foto Fast Color Lab” in the year 1992 after obtaining necessary Certificate from the Dhaka Municipal Corporation on 21-7-1991 and opened a letter of credit for import of the machine in 1991 and upon arrival of the machineries submitted bill of entry togeth......onsequent right of the parties to proceed in accordance with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 533...

Category: Fiscal/Taxation Law | Date: | Hits: 139

Mehnaz Sakib Vs. Bangladesh, 1999, 28 CLC (HCD)

.... 52 DLR (2000) 526.......se the detenu Mrs. Jobaida Rashid now detained in Dhaka Central Jail, Dhaka forthwith if she is not wanted in connection with any other case. Ed. This Case is also Reported in: 52 DLR (2000) 526.......the Respondents. Writ Petition No.1389 of 1999. Judgment Md. Abdul Matin J.- This Rule Nisi was issued calling upon the Respondents to show cause as to why the detenu should not be brought before this Court so that it may satisfy itself that she is not being held in custody without any lawf......se the detenu Mrs. Jobaida Rashid now detained in Dhaka Central Jail, Dhaka forthwith if she is not wanted in connection with any other case. Ed. This Case is also Reported in: 52 DLR (2000) 526...

Category: Criminal Law | Date: | Hits: 64

Tarique Rahman Vs. Director General, Bureau of Anti-Corruption, 1999, 28 CLC (HCD)

....Original Jurisdiction) Present: Mainur Reza Chowdhury J MA Aziz J Tarique Rahman………………………Petitioner Vs. Director General, Bureau of Anti-Corruption, Government of Bangladesh and others ……………..Respondent Judgment March 23, 1999. Cases Referred T...... of Anti-Corruption because the condition precedent for such delegation is satisfaction of the Government which is incapable of delegation. Ed. This Case is also Reported in: 52 DLR (2000) 518. ......tition No.5384 of 1996 with Writ Petition No.736 of 1993 with Writ Petition No.2538 of 1991. Judgment Mainur Reza Chowdhury J.- On an application made by the petitioners in the afore-mentioned Writ Petitions under Article 102 of the Constitution of Bangladesh Rules Nisi were is...... of Anti-Corruption because the condition precedent for such delegation is satisfaction of the Government which is incapable of delegation. Ed. This Case is also Reported in: 52 DLR (2000) 518. ..

Category: Criminal Law | Date: | Hits: 69

Samah Razor Blades Industries Ltd. Vs. Supermax International Pvt. Ltd and another, 1998, 27 CLC (HCD)

....ublished from time to time in the newspapers. This registration of the mark conferred upon the registered owner an exclusive and monopoly right over the trade mark “Supermax” for use on blades in Bangladesh. There was no question of visual or phonetic similarity with the mark of the respondent a......6/93 is hereby set aside and the appellant’s mark is restored to its original position. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 51 DLR (1999) 237........ 28335 in Class-8 was removed from the register. 2. The short fact leading to this appeal is that the appellant Samah Razor Blades Industries Ltd. filed application No. 28335 in class 8 on 2-3-89 for registration of the words ‘Supermax’ razor blade. The application was registered in their fa......6/93 is hereby set aside and the appellant’s mark is restored to its original position. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 51 DLR (1999) 237...

Category: Intellectual Property Law | Date: | Hits: 319

Abdur Rahim Chowdhury Vs. Bangladesh Bank, Dhaka and others, 1997, 26 CLC (HCD)

.... DLR (1999) 231. ......n the prayer of the petitioner let the operation of the order be stayed for 4 days to enable the petitioner to move the Appellate Division. Ed. This Case is also Reported in: 51 DLR (1999) 231. ......days, as to why appropriate action shall not be taken against him. On hearing the said Rule in part this Court found that the petitioner has filed an appeal under section 48 of the Bank Company Act before the Board of Directors of Bangladesh Bank against the directive not to function as the Managing......n the prayer of the petitioner let the operation of the order be stayed for 4 days to enable the petitioner to move the Appellate Division. Ed. This Case is also Reported in: 51 DLR (1999) 231. ..

Category: Employment/Service Law | Date: | Hits: 79

Sayed Nurul Hossain Vs. Secretary, Ministry of Industries, 1998, 27 CLC (HCD)

....he appointment of the petitioner should not be declared to have been made without any lawful authority and is of no legal effect. 2. The case of the petitioner, in brief, is that, respondent No. 2 Bangladesh Standards and Testing Institution herein after referred to as BSTI, is a body corporate h......yment of the petitioner and accordingly no interference is called for. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 226.......ct Director under BSTI vide Memo dated 31-12-1991 (Annexure-A) and vide memo dated 2-3 (Annexure-B) his pay scale was fixed at Taka 7100x200-8900 and the petitioner since his appointment, had been performing his duties most satisfactorily. However suddenly he received the memo dated 29-6-92 (Annexur......yment of the petitioner and accordingly no interference is called for. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 226...

Category: Employment/Service Law | Date: | Hits: 117