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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...... 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. ...... 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
....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.......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. ......k Company Act to show cause as to why necessary action should not be taken against the Board of Directors of Arab Bangladesh Bank for acting contrary to the depositors interest by approving irregular loan facilities to Messrs, Marshall Services for purchasing JAS Distilleries Limited from BSRS. A tr..Category: Employment/Service Law | Date: | Hits: 79
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 ......was arrested by BNS Tamjeed at 21-06 north longitude and 91-31 east latitude which is inside the territorial water of Bangladesh in which contrabands items were being unloaded from the vessel without payment customs duty and the charges. Further, the mere fact that the vessel was proceeding to the p......llowed. The office is directed to return the above certified copies alter furnishing of the Photostat copies of the same by the petitioner. Ed. This Case is also Reported in: 51 DLR (1999) 211. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
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......e idea of area preservation to avoid accidents or environmental hazard is not well founded. What is required to avoid accidents is strict adherence to the regulations in all operations. Attacking the payment procedure in foreign currency for cost recovery and profit sharing in the PSCs and for gas p......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
Thomarshu alias Majhi Vs. Bangladesh, 1999, 28 CLC (HCD)
....s refilled before the Subordinate Judge at Dinajpur who was acting as an Arbitrator under the Ordinance and the same was renumbered as Miscellaneous Case No.45 of 1985. 4. On 23-09-85 the opposite party opposed the application by filing a petition contending mainly that as the petitioner received......pplication is not maintainable and that it is also barred by the limitation by the impugned order. 6. The leaned Advocate appearing for the petitioner submitted that as the petitioner received the payment under award ‘under protest’, so his application is maintainable under section 28 of the ...... Rule is liable to be discharged and accordingly, is discharged but without any order as to cost. Let the records of the case be sent down. Ed. This case is also Reported in: 52 DLR (2000) 516. ..Category: Property Law | Date: | Hits: 95
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...... rigorous imprisonment for three years as awarded by the learned trial Court is reduced to rigorous imprisonment for two years while maintaining the fine of Taka 1,96,800.00 intact. In default of the payment of the fine, the appellant shall have to undergo rigorous imprisonment of a further period o......his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510...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......-2/5231 dated 27-3-94 (Annexure-A) to the writ petition is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 503. ......-2/5231 dated 27-3-94 (Annexure-A) to the writ petition is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 503. ..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...... of an area measuring .04 1/2 acre from the Estate in the first part of the year 1360 BS at an annual Jama of Rs. 9/15/0, that said Hazrat Ali while in ownership and possession of the land on regular payment of rent to the landlord sold the pattan land to the defendant by registered sale deed dated ......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.......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. ......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
Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)
....he Code of Civil Procedure in view of the findings already given in Artha Rin Adalat Case No.1 of 1991 which was decreed as early as on 21-3-1992 by a Court of competent jurisdiction between the same parties having the matter substantially in issue between them. 9. The learned Advocate further su......4 lac in different instalments. The further case of the plaintiff company is that the defendants Bank did not pay the installment in time though Bank sanctioned 5 lac but paid only 4 lac and withheld payment of Taka 1 lac, did not co-operate with the plaintiff company in realizing the claim for dama......ich is the creature of President’s Order 27 of 1972. 3. The plaintiffs case in short is that for the purpose of extending and improving his cold storage for the storage of potatoes he prayed for loan of Taka 50 lac from the defendant-appellants Bank but only Taka 35 lac was sanctioned and paid...Category: Civil Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Aziz Pipes Limited, 2003, 32 CLC (AD)
....S)...........Respondent (In Civil Appeal No. 151 of 2001) Judgment August 11, 2003. Result: The Civil Appeal No. 95 of 2001 is dismissed and Civil Appeal No. 151 of 2001 is allowed in part. Lawyers Involved: A. K. M. Nazrul Islam, Senior Advocate, instructed by A.S.M. Khalequz...... period (IDCP) insolation of NIP, 1982 23,93,371.00 Illegal recovery of Exchange Risk Premium amounting to Tk. 34,94,544/- and non-adjustment of the same against loan on payment date causing undue realization of interest thereof. 35,78,224.00 ......d., a Public Limited Company for a decree of Tk. 1,44,39,817/- claiming that the said amount was realized by the defendant Bangladesh Shilpa Rin Sangstha (BSRS) in excess while making recovery of the loan of Tk. 2,25,40,000/- given to the plaintiff by the BSRS. 3. The plaintiff took the loan fro..Category: Civil Law | Date: | Hits: 126
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
....of the District. On 16.01.2007 M/S. Salma Fuel Supply sent a voucher of Tk.4,20,000.00 for 39,000 liters of fuel to his firm and the respondent No.2 sold fuel accordingly. On 31.01.2007 the informant party on the basis of a G.D. Entry No. 1025 dated 31.01.2007 raided the compound of the respondent N......rected to take steps for disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ......rected to take steps for disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ..Category: Criminal Law | Date: | Hits: 100
Eser Ali Sheikh (Md.) Vs. Md. Mokarram Ali and others, 2001, 30 CLC (HCD)
.... of her best desire, she could not complete the execution and registration of the necessary ‘Kabala’ for the order of injunction. She died leaving two sons, defendants No.1 and 2 who are opposite parties Nos.2 and 3 herein as her only heirs and legal representatives. 4. It was also stated tha......istered deed of sale dated 3-2-59. Thus being owner in possession of the entire 41 shatak, Sharijan Nessa got her name mutated both in the revenue as well as in the Municipal records and possessed on payment of rents and taxes, etc. She had her dwelling house in 14 shatak of plot No.2650 and the res...... of 1996 of the First Court of Subordinate Judge at Kushtia is also recalled and vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 612. ..Category: Property Law | Date: | Hits: 91
....
2. It is stated that on 25-9-85 the petitioners instituted Other Class Suit No.181 of 1985 in the Court of Munsif, First Court at Bogra for eviction of the predecessor-in-interest of the opposite parties, Ismail Sheikh as a licensee. Suit was decreed ex parte on 2-2-86. On 24-4-86 said Ismail Sh...... is directed to proceed with the execution of Execution Case No.10- of 1986 as usual according to law, communicate this order at once.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 610....... is directed to proceed with the execution of Execution Case No.10- of 1986 as usual according to law, communicate this order at once.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 610...
Category: Civil Law | Date: | Hits: 81
Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)
....ttagong Port Authority, the respondent No.1, which found respondent No.8 as a non-responsive bidder in respect of the bid for supply of four Rail Mounted Quay Gantry Cranes (QGC) with necessary spare parts and services and declare the result of Price Bid opened on 2 1-9-2000 and as to why respondent...... declared accepting the decision No.8823 dated 13-9-2000 of the Chittagong Port Authority as contained in Annexure-B to the petition. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 599. ...... declared accepting the decision No.8823 dated 13-9-2000 of the Chittagong Port Authority as contained in Annexure-B to the petition. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 599. ..Category: Others | Date: | Hits: 153
Sk Sohrab Ali Vs. Gazi Abdur Rashid and others, 2000, 29 CLC (HCD)
....directed against the order dated 4-11-80 passed by the 3rd Court of Subordinate Judge, Dhaka in Money Suit No.186 of 1978. 2. Short facts relevant for the purpose of the case are that the opposite party as plaintiff instituted a suit in the 3rd Court of Subordinate Judge. Dhaka being Money Suit N......st payable to the plaintiff fixing 3-12-80 peremptory hearing. It appears from the record that on an earlier occasion the learned Subordinate Judge granted an adjournment to defendant No.4 with cost, payment of which was a precedent, but the latter did not pay the said CP cost. 6. Being aggrieved......is order, with notice to the contending parties. Communicate the order to the learned Subordinate Judge, 3rd Court, Dhaka at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 598. ..Category: Procedural Law | Date: | Hits: 82
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
....hereafter, again contested the Parliamentary election as a Member of Parliament and became elected as such from the aforesaid Constituency on 12-6-1996. He was not prevented at the relevant time from participating in the election held in June, 1996 on account of his alleged disqualification as a res...... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261....... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261...Category: Constitutional Law | Date: | Hits: 202
Abdul Mannan Sarker (Md.) Vs. State and others, 2001, 30 CLC (HCD)
....titioner. Fazlul Hoque Chowdhury, Assistant Attorney General—For the State. Criminal Miscellaneous Case No. 4587 of 1999. Judgment Md. Munsurul Haque Chowdhury J.- By this Rule opposite party was called upon to show cause as to why the impugned proceeding of Motijheel PS Case No.13 dat...... now pending in the Court of learned Metropolitan Magistrate, Dhaka is thus quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 565. ......nding in the court of learned Metropolitan Magistrate, Dhaka should not be quashed. 2. According to the FIR lodged by the informant, the accused petitioner took Taka 1,64,000 from the informant as loan for personal need and business purpose in 3 instalments but he did not refund the money consequ..Category: Criminal Law | Date: | Hits: 43
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