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

....roceeding of that case was stayed. It was the further case of the plaintiff respondent that before getting a kobala deed executed and registered, through Court, the defendant No. 1 and 2 was added as parties in the HRC Case No. 224 of 1983 and beyond the notice of the plaintiff they withdrew Taka 36......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)

....Government of the People's Republic of Bangladesh, Bangladesh Secretariat, Dhaka and others .......................Respondents Judgment March 2, 2010. Result: The Rule is made absolute in part. Cases Referred to- Sheela Barse and another Vs. Union of India and others, AIR 1986 Supr......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)

....o the Alampur Bazer when he disclosed that there is a arms at his paternal house which was given to him by younger brother Amirul Islam Mukul; that on the basis of the alleged statement the informant party searched vacant house and found arms as started in the seizure list, that he prepared seizure ......he alleged statement the informant party searched vacant house and found arms as started in the seizure list, that he prepared seizure list in presence of local witnesses, hence the case. 3. After investigation police submitted a charge sheet on 07.07.2010 against the appellant under section 19 A..

Category: Criminal Law | Date: | Hits: 91

Shakainath Mohanta Vs. Md. Tatikuddin Mondal and others, 1999, 28 CLC (HCD)

....he aforesaid order dated 21-1-89, defendant No.10 preferred Civil Revision No.108 of 1989 (Rangpur)/Civil Revision No.1507 of 1991 (Dhaka) before the High Court Division and this Court on hearing the parties discharged the Rule by judgment dated 27- 8-199 1. In this case their Lordships found that i......hin 6 months from date of the receipt of this order. Communicate the order of the Court to the learned Subordinate Judge, Noagaon at once. Ed. This Case is also Reported in: 52 DLR (2000) 541...

Category: Property Law | Date: | Hits: 73

Asaduzzaman (Md.) Vs. Md. Salamatullah & others, 1999, 28 CLC (HCD)

....SS Halder with Probir Halder, Advocates — For the Opposite Parties. Criminal Miscellaneous Case No.767 of 1997 with 145 of 1997. Judgment Md. Hamidul Haque J.- By these two Rules, opposite parties were directed to show cause as to why the proceedings of CR Case No.555 of 1996 and CR Case ......quashed. In the result, both the Rules are made absolute. The proceedings of CR Case No.555 of 1996 and CR Case No.65 of 1996 are quashed. Ed. This Case is also Reported in: 52 DLR (2000) 530...

Category: Criminal Law | Date: | Hits: 46

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

....ce. 4. The police without prior information or notice suddenly arrested the detenu on 21-04-99 under section 54 of the Code of Criminal Procedure and kept her in Ramna Police Station. In the later part of the day she was straightway taken to the Dhaka Central Jail under detention for a period of ......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)

....tatement of the objects and reasons of the bill as quoted above it is also clear to us that the purpose of the bill was to check the “persistent tendency to amass property by dishonest means on the part of public servants and other persons”. Corrupt and dishonest means may be adopted by a privat....... State and ors reported in 4 BLT (AD) (1996) 58 the Appellate Division took a different view. In considering the question whether an officer of the Bureau of Anti-Corruption is competent to hold the investigation as the alleged offences under sections 406/420/109 of the Penal Code are said to have ..

Category: Criminal Law | Date: | Hits: 69

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

....or is not the proprietor of the trade mark and that Vidyut Mettalic Ltd. is in India and they prayed for rejection of the respondents’ application. 4. The Registrar of Trade Marks heard both the parties at length and considered the documents produced and by his order dated 31-1-95 came to the f......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)

....the petitioner and asks him to show cause under section 46(1) of the Bank Company Act, 1991 within seven 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 A......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

Shahidul Vs. State, 1998, 27 CLC (HCD)

....98. Judgment Md. Hassan Ameen J. - This Rule was issued on an application under section 561A of the Code of Criminal Procedure filed by the accused petitioner Shahidul calling upon the opposite party, State, represented by the Deputy Commissioner, Khulna, to show cause as to why the judgment a...... (accused petitioner) and Noor Islam were with him who fled away earlier. Accordingly, the informant lodged the first information report when the aforesaid PS case was started. 4. The police after investigation submitted charge sheet against the accused petitioner and 2 others under section 4 of ..

Category: Criminal Law | Date: | Hits: 33

Ekramul Huq @ Bachchu and another Vs. State, 1999, 28 CLC (HCD)

.... has never occurred to us that it was necessary in every such case to declare whether further proceedings should or should not be taken. Occasionally it has happened that under the circumstances of a particular case, no further proceedings should be taken.” 11. From the above observation it is ......and ultimately she was murdered after raping her on the night following 13-10-89 and her dead body was found in the morning on 14-10-89 in marshy land. In this case, charge-sheet was submitted by the investigation officer under sections 302/201 of the Penal Code against the eight accused including t..

Category: Criminal Law | Date: | Hits: 90

Amora Holding Inc. Vs. Bangladesh, 1998, 27 CLC (HCD)

.... Judgment Md. Tafazzal Islam J. - This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned judgment and order dated 22-6-88 passed in File No. 2(12 Cus-7)/88 (part)/475 (Annexure -M) by the respondent No.1 should not be declared to have been made without any ......laint with the Port Police Station, Chittagong against the captain and crew members of the vessel along with some other persons including driver and crew of fishing trawler Shah Amanat and CID, after investigation, submitted charge sheet against them and the case was Tribunal No.3, Chittagong being ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 198

Md. Palash Khan Vs. The State, 2011, 40 CLC (HCD)

.... at liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......accused Md. Anik Chowdhury searching his body. Recovering the alleged pistols and bullets he took it in his own custody making a seizure list in presence of the witnesses, hence the case. 3. After investigation police submitted a charge sheet on 22.8.08 under section 19A and 19(f) of the Arms Act..

Category: Criminal Law | Date: | Hits: 49

Md. Monir Hossain @ Babu Vs. State, 2011, 40 CLC (HCD)

....zzaman J AKM Zahirul Hoque J Md. Monir Hossain @ Babu……………………………….Petitioner Vs. The State ……………………………………………………….Opposite party Judgment March 7, 2011. Result: The rule is made absolute. Lawyers Involved: ......R was lodged on 18.8.2009 but even after the expiry of period of limitation as laid down under section 167 of the Code of Criminal Procedure, till now the investigating officer could not conclude the investigation and not submitted any report and there is no certainty as to when the trial will be co..

Category: Criminal Law | Date: | Hits: 50

Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)

.... “Let a Rule Nisi issue calling upon the respondents to show cause as to why they should not be directed to evolve and formulate a National Strategy Policy through Parliament ensuring appropriate participating interest for the State in all future Production Sharing Contracts prior to leasing out......rder as to cost. All interlocutory orders, issued earlier, are hereby vacated. Mohammad Anwarul Haque J.- I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 386. ..

Category: Constitutional Law | Date: | Hits: 231

Rowshan Ali (Md.) Vs. State, 2000, 29 CLC (HCD)

.... allotted 200 metric tonnes of rice in favour of the Chairman, Bera Upazila Parishad for distribution of the same amongst the distressed persons as, relief provided by the Relief and Rehabilitation Department of the Government. Thereafter the Chairman of Beta Upazila Parishad vide his Memo No.3596 d......d the offence punishable under section 409 of the Penal Code read with section 5(2) of Act II of 1947. 3. An officer of the Bureau of Anti-Corruption investigated the case and on completion of the investigation submitted charged sheet against the accused appellant under section 409 of the Penal C..

Category: Criminal Law | Date: | Hits: 88

Begum Tahmina Vs. Government of Bangladesh, 2000, 29 CLC (HCD)

....ot be declared to have been made without lawful authority and is of no legal effect. 2. The petitioner Begum Tahmina an active member of the Jatiya Party and Secretary of the Health and Planning Department of the Central Committee of the National Mahila Party was served with the above impugned no......of the Bureau.— (1) Notwithstanding anything contained in the Police Act, 1861 (V of 1861), the Government may constitute a Bureau to be called the Bureau of Anti-Corruption for enquiry into and investigation in the offences specified in Schedule and offences notified by the Government. (2) ..

Category: Criminal Law | Date: | Hits: 78

Saleha Khatun and others Vs. Fetema Hajura and others, 2000, 29 CLC (HCD)

....nt and adding the names of his legal heirs of the deceased defendant in his place. 2. The facts relevant for disposal of this application, in short, is that predecessor-in-interest of the opposite parties as plaintiff instituted a suit for declaration of title in the suit land mentioned in the pl......r of stay of further proceeding of OC suit No.402 of 1982/69 of 1990 granted by this Court at the time of issuing the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 457...

Category: Property Law | Date: | Hits: 71

Atiqur Rahman (Md.) Vs. Ainunnahar, 1999, 28 CLC (HCD)

....ional Jurisdiction under section 115 of the Code of Civil Procedure. 3. For the answer the precise facts forming the background of the Rule may be set out which are as follows: (a) The opposite party of the Rule as plaintiff laid a suit being Family Suit No.86 of 1990 before Family Court and S......en absolutely without any merit, the same must be discharged. Resultantly, the Rule is discharged. Order of stay stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (2000) 453...

Category: Procedural Law | Date: | Hits: 67

Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)

....ioner of Taxes after hearing the assessee applicant allowed the appeal and annulled the assessment order passed by the AJCT. Being aggrieved by the aforesaid appellate order of the AJCT the Revenue Department took a second appeal before the Taxes Appellate Tribunal which after hearing the parties al......the Appellate Division and hence we allow the prayer and accordingly grant certificate for preferring appeal before the Appellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ..

Category: Fiscal/Taxation Law | Date: | Hits: 96