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Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)

....der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ......and reminders made by the petitioner. Having failed to realise the amount on demand the petitioner filed the Mortgage Suit in the Court of the Subordinate Judge and First Artha Rin Adalat, Chittagong for realisation of the aforesaid dues from the respondents. The respondents filed a written statemen......der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ......d to- Ruhul Amin Vs. District Judge, 38 DLR (AD) 172; Begum Lutfunnessa Vs. the People's Republic of Bangladesh, 42 DLR (AD) 86; Assessing Officer Vs. Burmah Eastern Limited, BCR 1982 (AD) 438. Lawyers Involved: Mainul Hosein with Md. Joynul Abedin, Advocates ‑ For the Petitioner. Roka..

Category: Civil Law | Date: | Hits: 116

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.......y and also fixing Taka. 7 lacs as rate of each value of each year. By SRO No. 192 dated 1.7.88 fixing the capacity filing value to be 2 cores 50 lacs bottle and the rate was fixed at 80%, 64% and 48% for the Dhaka, Chittagong, Rajshahi and Khulna Divisions respectively per year and earlier SRO No. 1......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....... August 2, 1994. Result: The Rules are made absolute. Cases Referred to- Zaibtun Textile Mills Ltd. Karachi and others Vs. Central Board of Revenue and others, PLD 1971 Karachi 333. Lawyers Involved: Syed Ishtiaq Ahmed with Mahmudul Islam and Nihad Kabir, Advocates ‑ For the P..

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.......ation is allowed. Cases Referred to- Simmons Vs. Mathieson and Co. Ltd., (1911) 28 RPC 486; Phillips Vs. Harbra Rubber Company, (1920) 37 RPC 233; Infield Ltd Vs. Rosen, (1939) 36 RPC 163; Stratford Auto Components Vs. Britax London Ltd., 1964 RPC 183; Western Engineering Co. Vs. Paul Engineer......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.......nents Vs. Britax London Ltd., 1964 RPC 183; Western Engineering Co. Vs. Paul Engineering Co., AIR 1968 Cal. 109; Dwarkadas Hanaji Sha Vs. Chhatatal Revicarandas and Company, AIR 1941 (Bombay) 188. Lawyers Involved: Syed Ishtiaq Ahmed with Syed Refaat Ahmed and Nihad Kabir, Advocates ‑ For th..

Category: Intellectual Property Law | Date: | Hits: 192

Reza (Md.) Vs. Executive Engineer, Facilities Department, and others, 1997, 26 CLC (HCD)

....n the result, the Rule is discharged without any order as to costs. The order of stay, granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 434.......ar, Noakhali, in Title Suit No.289 of 1996 issuing an Order of status quo restraining the construction of the school building till disposal of the suit. 2. The petitioner instituted the above suit for permanent injunction with a prayer for temporary injunction for restraining the defendant opposi......n the result, the Rule is discharged without any order as to costs. The order of stay, granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 434....... March 13, 1997. Result: The Rule is discharged. Cases Referred to- 38 DLR (AD) 70; 40 DLR 496; 44 DLR (AD) 144; 31 DLR (AD) 319; 35 DLR 25; AIR 1933 (Bom) 118; AIR 1920 (Pat.) 567. Lawyers Involved: Ruhul Amin, Advocate ‑ For the Petitioner. Mihir Kanti Majumder, Advocate ..

Category: Civil Law | Date: | Hits: 93

Belayet Hossain Vs. Bank Indosuez, 1998, 27 CLC (HCD)

....il Procedure is not maintainable and accordingly the same is liable to fail. The Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 431. ......t No.3 and Subordinate Judge, Dhaka in Money Suit No 109 of 1991 should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for the purpose of disposal of this Rule are as follows: The opposite party as plaintiff filed Mo......il Procedure is not maintainable and accordingly the same is liable to fail. The Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 431. ...... Judgment January 19, 1998. Result: The Rule is discharged. Cases Referred to- Sultana Jute Mills Ltd. and ors Vs. Agrani Bank and others, 14 BLD (AD) (1994) 195; 46 DLR (AD) 174. Lawyers Involved: Sirajul Hoque with Ranjan Chakraborty, Advocates - For the Petitioner. Rafiq..

Category: Civil Law | Date: | Hits: 121

Gajendra Nath Mondal and others Vs. Motia Begum and others, 1997, 26 CLC (HCD)

....ee dated 18-9-85 passed by the same Court in SCC Suit No.1 of 1985. The Rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 429.......C Suit No.1 of 1983. 2. The opposite party Nos. 1-6 as plaintiffs filed SCC Suit No.1 of 1983 in the then Court of Munsif, 2nd Court and the SCC Judge at Serajganj against the defendant-petitioner for ejectment of the defendant-petitioner from the suit premises alleging that the defendant-petitio......ee dated 18-9-85 passed by the same Court in SCC Suit No.1 of 1985. The Rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 429.......�…………Petitioners Vs. Motia Begum and others……………Opposite-Parties Judgment June 29, 1997. Result: The Rule is discharged. Case Referred to- ILR 5 Cal 699. Lawyers Involved: Md. Fazlul Karim, Advocate - For the Petitioner. Bakhtear Hossain, Advocate ..

Category: Procedural Law | Date: | Hits: 82

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.......e aspects of the entire episode requiring deliberation by this Court. 2. Facts of the case as stated in the judgment are quite 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 re......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....... Mishra Vs. Orissa High Court, AIR 1974 Ori. 1; Joseph Orakew Izura Vs. The Queen, 5 ILR (PC) 540; Parshuram Detaram Shamdasini Vs. The King Emperor, 1945 A.C. 264; Atiqullah Vs. State, 33 DLR 11. Lawyers Involved: In person - the Appellant. Moksudur Rahman, Deputy Attorney-General, instruc..

Category: Criminal Law | Date: | Hits: 116

M/s. Railway Men's Stores Ltd., & another Vs. Chairman, Labour Court, Chittagong & another, 1977, 6 CLC (AD)

....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. ......ny 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 registered as such under the Industrial Relations Or......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. ......espondent Judgment August 31, 1977. Result: The appeal is allowed. Case Referred to- Administrator, Omar Sons Ltd. Vs. Chairman, 1st Labour Court and another, (1976) 28 DLR 178. Lawyers Involved: S R. Pal, Sr. Advocate with A. K. M. Shofiqur Rahman, Advocate, instructed by A..

Category: Labour and Industrial Law | Date: | Hits: 167

Md. Altafur Rahman Vs. Tamijur Rahman, 1977, 6 CLC (AD)

....is appeal. It is dismissed with in this appeal. It is dismissed with cost, to be paid by the appellant, to the appearing respondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ......laintiffs, on enquiry, had the knowledge of the kabala on 9-7-61. They say that she did not execute the kabala, another thumb impression might have been taken in her unconscious state, as she was ill for four or five months before her death. She was an illiterate, and a purdahnasheen lady. The attes......is appeal. It is dismissed with in this appeal. It is dismissed with cost, to be paid by the appellant, to the appearing respondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ......an……………………………………Appellant Vs. Tamijur Rahman.....................................Respondent Judgment January 26, 1977 Result: The appeal is dismissed. Lawyers Involved: Khandakher Mahbubuddin Ahmed, Advocate instructed by Abu Backkar, Advocate-on-R..

Category: Property Law | Date: | Hits: 73

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.......accused No.1. There is a note of interrogation after the word "business partner". However, the allegation was that the accused No.1 in collusion with the accused petitioner has misappropriated the aforesaid amount and committed criminal breach of trust and further prejudiced the economic and finan......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....... Vs. The State……………………………Respondent Judgment April 6, 1983. Result: The appeal is dismissed. Case Referred to- Rumball Vs. Schmidt, (1882) 2 QBD 603. Lawyers Involved: Moinul Hosein and Md. Joynal Abedin, Advocates, Supreme Court, instructed by Md..

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:...... Vs. VR Rudani, AIR 1989 (SC) 1607; Manjurul Huq Vs. Bangladesh and others, 44 DLR 239; Zakir Hossain Vs. Bangladesh, 55 DLR 130; Farzana Moazzem Vs. Securities and Exchange Commission, 54 DLR 66; Conforce Ltde. Vs. Titas Gas Transmission and Distribution co. Ltd. 42 DLR (HC) 33; Sejal Rikeen Dalal ......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:......DLR 66; Conforce Ltde. Vs. Titas Gas Transmission and Distribution co. Ltd. 42 DLR (HC) 33; Sejal Rikeen Dalal Vs. Stock Exchange, Bombay, (AIR 1991 Bom 30); Khatri Vs. Bihar, (AIR 1981 S.C. 928). Lawyers Involved: Masood R. Sobhan, Advocate - For the Petitioner. Rafiq-ul-Huq with Belayet H..

Category: Property Law | Date: | Hits: 159

Alhaj Advocate Ahmed Ullah Foundation Vs. Dhaka City Corporation, Represented by the Mayor, Nagor Bhaban, Dhaka and others, 2011, 40 CLC (HCD)

....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: ......72 2 ALL E R 589); Attorney General of Hongkong Vs. Ng Yuen Shin (1983 2 AC 629); Council of Civil Service Unions Vs. Minister far the Civil Service, GCHQ case (1985 AC 374); R Vs. Secretary of State for Home Department, ex parte Zegiri (2002 U K H L 3); R Vs. Secretary of State for Home Department,......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: ......eries and Food, ex-parte Homble Fisheries Ltd (1995 2 ALL ER 714); Rawland Vs. Environment Agency (2005 Ch,1); R Vs. Devon CC ex-parte Baker (1995 1 ALL E R 73); R Vs. Newhan LBC (2002 1 WLR 237). Lawyers Involved: Bashir Ahmed,Advocate - For the Petitioner. A.B.M. Altaf Hossain, Deputy Att..

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: ......Appellant Vs. The State ................... Opposite Party 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. Jai......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: ...... J Md. Ruhul Quddus J Oli Ahmed ... .................Appellant Vs. The State ................... Opposite Party Judgment June 13, 2012. Result: This jail appeal is allowed. Lawyers Involved: Zinat Akhter Nazley Begum, Advocate - for the appellant. Yousuf Mahmud Morsh..

Category: Criminal Law | Date: | Hits: 95

Md. Tarique Aziz Vs. State, 2012, 41 CLC (AD)

.... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......rique Aziz ... .......Appellant Vs. The State ... ........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. ...... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......arzi-ul-Huq J Md. Ruhul Quddus J Md. Tarique Aziz ... .......Appellant Vs. The State ... ........Opposite Party Judgment March 15, 2012. Result: The jail appeal is allowed. Lawyers Involved: Hasna Begum, Advocate - for the appellant. Yousuf Mahmud Morshed, Assistant ..

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. ......er called "the said property") originally belonged to one Mrs. Inge Flatz (an Austrian Lady) by virtue of a lease deed dated 14-9-1965 executed by the then Dhaka Improvement Trust (DIT) in her favour for 99 years. After Liberation, since the said property became abandoned under the provisions of the...... 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. ......gum Vs. Bangladesh, 45 DLR 571 (at para 16); Messrs ATJ Industries case, 28 DLR 27; 28 DLR (AD) 120; Ayesha Khatun's Case, 50 DLR 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 ..

Category: Property Law | Date: | Hits: 127

SM Kamaluddin Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)

.... 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. ......ving TIN: 267-100-1599. For the assessment year 1994-95, the Deputy Commissioner of Taxes assessed total income of the applicant at Taka 60,16,358 including unexplained investment of Taka 23,41,958 for construction of a two-storied house of the applicant as income from other sources. He estimated ...... 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. ......2000) 28 BTD 50; Hotel and Engineer Consultants Vs. Commissioner of Taxes, (2000) 52 DLR 170; Seth Gurmukh Singh and another Vs. the Commissioner of Income Tax, Punjab, (1944) 12 ITR 393 (Lahore). Lawyers Involved: MA Noor with Majedul Islam Patwary, Advocates - For the Applicant. Kazi Wal..

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. ......te Parties. Civil Revision No.697 of 1997. Judgment Md. Momtaz Uddin Ahmed J.- The Rule was issued at the instance of the defendant No.6 on the following terms: "Let the records be called for and a Rule issue calling upon the opposite party No.1 show cause as to why the impugned judgment......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. ......LR 94; Erfan Ali Vs. Joynal Abedin Mia (late) represented by his legal heirs Golenur, 35 DLR (AD) 216; Khodeja Begum and another Vs. Sagarmal Agarwala alias Sombamal Agarwala, BCR 1987 (AD) 172. Lawyers Involved: AH Mahfoozur Rahman with Mashiul Alam, Advocates - For the Petitioner. Kazi ..

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. ......sul Huda J.- This rule was issued on 7-7-2008 on an application under section 561A of the Code of Criminal Procedure at the instance of the accused petitioner Sheikh Hasina Wazed alias Sheikh Hasina, former Prime Minister of Bangladesh calling upon the opposite party to show cause as to why the proc......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. ......am Sarwar Hiru Vs. State, 13 MLR (AD) 103; Abdul Qader Chowdhury Vs. State, 28 DLR (AD) 38; Ali Akkas Vs. State, 17 BLD (AD) 44; 36 DLR (AD) 14; 11 BLC 51; Begum Khaleda Zia Vs. State, 55 DLR 596. Lawyers Involved: Sheikh Fazle Noor Taposh with Yousuf Hossain Humayun, Abdul Matin Khasru, SM Re..

Category: Criminal Law | Date: | Hits: 156

Human Rights and Peace for Bangladesh (HRPB) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....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: ......d. This Case is also Reported in: ......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: ......ultural Affairs, Bangladesh Secretariat, P.S. Shahbag, Dhaka, Bangladesh and others ...........................Respondents Judgment January 19, 2012. Result: The Rule is made absolute. Lawyers Involved: Manzill Murshid, Advocate - for the petitioner. A. B. M. Altaf Hossain, Depu..

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: ...... Bangladesh and others ................. Respondents Judgment February 10, 2011. Result: The Rule is discharged. Lawyers Involved: Tanjibul Alam with Md. Anisur Rahaman, Advocates - for the Petitioner. Syed Sanaul Haque, Advocate - for the Respondent. Writ Petition No. 8642 o......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: ......ddus J Nurul Amin Bhuiyan ... ...................Petitioner Vs. Bangladesh and others ................. Respondents Judgment February 10, 2011. Result: The Rule is discharged. Lawyers Involved: Tanjibul Alam with Md. Anisur Rahaman, Advocates - for the Petitioner. Syed ..

Category: Civil Law | Date: | Hits: 129

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