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Ashique Jeans Apparels Ltd and another Vs. National Board of Revenue and another, 2005, 34 CLC (HCD)
....ant Attorney-General—For Respondent No. 2 (In Writ Petition No. 4084 of 2002). Writ Petition Nos. 4083 of 2002 and 4084 of 2002. Judgment Mirza Hussain Haider J. - In both these Rules, the parties and the fact in issue being the same and similar, both are taken up for hearing together and...... section 46 is to encourage more new undertakings to be established. However, there will be no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ......te sheet, he submits that nowhere in the said note sheet it has been mentioned that 45 machineries were transferred by shifting any business concern rather, admittedly, 8 machineries were borrowed as loan from the sister concern of the petitioner company which were not old and, as such, the same doe..Category: Fiscal/Taxation Law | Date: | Hits: 93
Abdur Rahim Chowkider @ Abdur Rahman Sheikh Vs. Raji Haider and others, 2006, 35 CLC (HCD)
....jpur in Title Appeal No. 8 of 1989 affirming those dated 31-12-1988 passed by Assistant Judge at Sadar in Pirojpur in Title Suit No. 50 of 1988, which decreed the suit in its entirety. 2. Opposite party Nos. 1 to 10 as plaintiffs on or about 12-3-1988 instituted the suit against the petitioner an......t that such witness could not be a witness to the 'Benami' transaction. 30. Plaintiffs could not adduce any other evidence to prove their case on 'Benami'. They could not even find anyone to prove payment of consideration by Ishaque Ali for the deed dated 1-4-1974, Exhibit 1 (d). 31. Defendant...... decree affirming those of trial Court decreeing the suit are hereby set aside and the suit is dismissed. Send down the record at once. Ed. This Case is also Reported in: 58 DLR (2006) 470. ..Category: Property Law | Date: | Hits: 79
Category: Environmental Law | Date: | Hits: 484
Wally Ahmed alias Babi Vs. State, 2005, 34 CLC (HCD)
....ct or what he was doing was unlawful or wrong. The appellant was under the spell of mental unbalance and not capable of understanding. He added that as many as 13 prosecution witnesses were examined apart from the police and the doctor, all other witnesses are close relations and they, in one voice,......d from the bail bond. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 58 DLR (2006) 433; 13 MLR (HCD) (2008) 375. ......d from the bail bond. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 58 DLR (2006) 433; 13 MLR (HCD) (2008) 375. ..Category: Criminal Law | Date: | Hits: 70
Nazrul Islam (Md.) and another Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....project, respondent No. 4 cancelled the work order, vide letter dated 1-9-2004 (Annexure G). The petitioner submitted several representations stating the cause which prevented him from performing his part of the contract. 3. Finding no other alternative, the petitioners served notice upon the res......of catalogue. After finalization of deal with the Indian exporter, the petitioner opened letter of credit with the Jamuna Bank's Shantinagar Branch, Dhaka on 23-8-2004 for an amount of $16,886.00 for payment of imported materials. While the petitioners have been waiting for extension of time for ins......ent that the petitioners can still vindicate their grievance through arbitration as contained in the contract. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 431...Category: Business or Commercial Law | Date: | Hits: 186
Sk Md. Tariqul Alam and another Vs. ATM Matiul Islam, 2006, 35 CLC (HCD)
....or the Petitioners. Majumder Saiful Islam, Advocate—For the Opposite Party. Civil Rule No. 577(con) of 2004. Judgment Siddiqur Rahman J. - This Rule was issued calling upon the opposite party to show cause as to why the delay of 285 days in filing the revisional application should not ......lt, the Rule is made absolute without any order as to cost and the delay of 285 days in filing the revisional application is hereby condoned. Ed. This Case is also Reported in: 58 DLR (2006) 425.......lt, the Rule is made absolute without any order as to cost and the delay of 285 days in filing the revisional application is hereby condoned. Ed. This Case is also Reported in: 58 DLR (2006) 425...Category: Procedural Law | Date: | Hits: 116
Jamal Ahmed alias Jamal Vs. State, 2005, 34 CLC (HCD)
....tioner's hands were tied with a rope and pressed him to inform his relatives for bringing Taka 10(ten) lac. Then the informant asked his friend Rafiqul Islam @ Robu to bring the money and the accused party snatched away Taka 16,000 and his mobile phone from him. Accused Jamal brought a Litace car in......the best way the Court would deem fit and proper within 2(two) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 419. ......the best way the Court would deem fit and proper within 2(two) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 419. ..Category: Criminal Law | Date: | Hits: 65
Jalaluddin Vs. State, 2006, 35 CLC (HCD)
....on. He added that on 15-6-2001 he recorded the statement of Abdul Hye (PW 3) who did not state to him that when the deceased was taken to the house of accused then there was bleeding from her private parts. He examined PW 4 on 24-5-2001 who did not state to him that accused went to Gazipuir to see b......h any other offence. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 410.......h any other offence. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 410...Category: Criminal Law | Date: | Hits: 55
Category: Others | Date: | Hits: 146
Suratjan Bewa Vs. Md. Abdul Mannaf and others, 2006, 35 CLC (HCD)
....ite Parties. Civil Revision No. 4932 of 1999. Judgment Syed Refaat Ahmed J. - In this application under section 115 of the Code of Civil Procedure a Rule was issued calling upon the opposite-parties to show cause as to why judgment and decree dated 31-5-1999 passed by the learned Additional......urt noted that the factors found by the trial Court to negate the validity of the deed were that no satisfactory evidence had been produced by the defendant No. 1 in favour of its execution, or as to payment of consideration and of delivery of possession. Here the lower appellate Court observed that......e in the Rule issued. In the result, the Rule is discharged. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 400...Category: Property Law | Date: | Hits: 82
Sheikh Mujibur Rahman @ Rajib Ullah Vs. State, 2004, 33 CLC (HCD)
.... report cannot, in any way, be taken as the prosecution case. 6. Secondly, the learned Sessions Judge framed charge against the appellant under section 304 of the Penal Code without specifying the parts contained in the section. The investigating officer submitted charge-sheet against the appella......upon Mr. Md. Abdur Rashid Mia then Sessions Judge, now Jananirapatta Bignakari Aparadh Daman Tribunal, Barisal by guaranteed registered post. Ed. This Case is also Reported in: 58 DLR (2006) 393.......upon Mr. Md. Abdur Rashid Mia then Sessions Judge, now Jananirapatta Bignakari Aparadh Daman Tribunal, Barisal by guaranteed registered post. Ed. This Case is also Reported in: 58 DLR (2006) 393...Category: Criminal Law | Date: | Hits: 51
State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)
....this common judgment. 6. The essence of the prosecution case is that on 8-6-2002, at about 12-50 PM while on her way to girls' hostel, Sabekun Nahar alias Sony, a student of Chemical Engineering Department of Bangladesh University of Engineering and Technology (BUET) sustained injury by bullet fi......e set at liberty at once if not wanted in any other case. Send down the LC Record with a copy of the judgment. Ed. This Case is also Reported in: 58 DLR (2006) 373, 26 BLD (HCD) (2006) 641. ......e set at liberty at once if not wanted in any other case. Send down the LC Record with a copy of the judgment. Ed. This Case is also Reported in: 58 DLR (2006) 373, 26 BLD (HCD) (2006) 641. ..Category: Criminal Law | Date: | Hits: 236
Firoz Hossain Shah (Md.) Vs. State, 2005, 34 CLC (HCD)
....hani, learned Advocate for the petitioner, submits that the allegations disclosed in the petition of complaint are of civil nature and for the money involved in the petition of complaint the opposite party No.2, that is, Agrani Bank, Rangpur Cadet College branch, Rangpur by instituting Artha Rin Cas......d obtained decree for the amount mentioned in the petition of complaint. It also appears from paragraph 8 of the complaint that the Bank has admitted that the accused petitioner has already made part payment of the said amount. Annexure F is the decree of the Artha Rin Suit and it also appears the B...... in the Court of Magistrate, First Class, Rangpur is quashed. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 58 DLR (2006) 361. ..Category: Criminal Law | Date: | Hits: 46
Abdul Mazid (Md.) Vs. State, 2006, 35 CLC (HCD)
....uch offence. Therefore, it is clear from the evidence and other attending facts and circumstances of the case that the accused had attacked deceased Ansar Ali and struck several dagger-blows on vital parts of his body, when he saw deceased Ansar Ali engaged in sexual cohabitation with his (accused's...... However, imposition of fine shall remain unaltered. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 355....... However, imposition of fine shall remain unaltered. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 355...Category: Criminal Law | Date: | Hits: 93
Abdus Salam (Md.) Vs. Deputy Registrar of Trade Marks and others, 2005, 34 CLC (HCD)
....paper book; the papers being agreement entered into between Crocodile International (Pvt.) Ltd. and Milton Traders in Bangladesh dated 15th April, 2002, list of trade mark registration in the various parts of the world, the publication of the journals showing advertisement of the crocodile and also ......th the said application the Photostat copies of the export and import licence in the name of the Sabuj Hosiery from the year 1974, the licence given by the Narayanganj Pourashava and challans showing payment of income tax have been annexed. 12. On behalf of respondent No. 2 also an application ha......a is directed to dispose of Trade Marks Appeal No. 5 of 2004 on merit in accordance with law. No order as to costs in any of the appeals. Ed. This Case is also Reported in: 58 DLR (2006) 343...Category: Intellectual Property Law | Date: | Hits: 189
Ismail Howlader and others Vs. State, 2006, 35 CLC (HCD)
....ng as a pathologist in the same hospital and on that date he conducted the post mortem examination on the dead body of Nasir and made the following report: "(1) One penetrating wound on the upper part of the left chest wall just below: the left clavicle 3" X chest cavity. On dissection one penet......a 19,000) owed by the convict appellants to the victim, and also over a boat along with fishing net which was given to Nasir by the appellants about 10 days before the occurrence for the purpose of repayment of that money by way of fixing a rent of Taka 100 per month for the boat and the net. On 12-......nowara Begum who were granted bail earlier by this Court stand discharged from the bail bond if furnished any. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 335...Category: Criminal Law | Date: | Hits: 43
Nil Sen Singh Vs. Radha Mohan Singh and others, 2006, 35 CLC (HCD)
....as plaintiff filed Title Suit No. 30 of 1998 in the 2nd Court of Subordinate Judge, Mouivibazar, which was subsequently transferred to the Court of Joint District Judge, First Court, Mouivibazar, for partition of his 2/3 rd share out of 2.782/3 acres in the schedule properties. 3. The case of the......tle Suit No. 2 of 2003 is set aside. The judgment and decree dated 30-1-2003 of the trial Court is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 329. ......tle Suit No. 2 of 2003 is set aside. The judgment and decree dated 30-1-2003 of the trial Court is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 329. ..Category: Property Law | Date: | Hits: 75
Noorjahan Ahmed and others Vs. Tarifuddin Ahmed, 2003, 32 CLC (HCD)
....ge, Dinajpur dismissing the suit. 2. The appellant No. 1 as plaintiff instituted other suit No. 130 of 1986 in the Court of Subordinate Judge, Dinajpur against the respondent for a decree that the ex parte Judgment and decree dated 27-11-1984 passed in Other Suit No. 105 of 1983 is void, illegal and......ps for reconstruction of the record of the other suit No. 105 of 1983. There shall be no order as to cost. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 326.......ps for reconstruction of the record of the other suit No. 105 of 1983. There shall be no order as to cost. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 326...Category: Property Law | Date: | Hits: 83
Abdul Khaleque Vs. Hazera Begum and another, 2006, 35 CLC (HCD)
....te. Criminal Revision No. 760 of 1999. Judgment Md. Imman Ali J. - This Rule arises out of an application filed under section 439 of the Code of Criminal Procedure, calling upon the opposite parties to show cause as to why the impugned judgment and order dated 30-8-1999, passed by the learn......s further directed to explain to the petitioner that he will be bound to report to the Probation Officer as stipulated and if he fails to fulfill the conditions mentioned in this order, including the payment of compensation, then he will have to return to this Court and a sentence shall be passed in......ith a copy of this judgment at once. Let a copy of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs. Ed. This Case is also Reported in: 58 DLR (2006) 322...Category: Criminal Law | Date: | Hits: 97
Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)
....udgment Md. Anwarul Haque J. - On an application under section 561A of the Code of Criminal Procedure this Rule was issued calling upon the Deputy Commissioner, Kishoreganj as well as the opposite party No. 2 to show cause as to why the impugned judgment of enhancing the sentence of the petitione......l run concurrently. Let a copy of the order along with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311.......l run concurrently. Let a copy of the order along with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311...Category: Criminal Law | Date: | Hits: 60