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.... He has denied the allegations about his disqualification. He has contended that there is no cause of action to file this case and that the case was not maintainable as respondent No.1 did not prefer any appeal to the Election Commission against the decision of the Returning Officer taken on 4.12.20......al, in brief, are as follows:
In the election of the 9th Parliament for Tangail-5 Constituency held on 29.12.2008, the appellant and respondent Nos.1-4 were the contesting candidates. At the initial stage of the election process, the Deputy Commissioner, Tangail acting as Returning Officer received......gh Court Division is correct.
Accordingly the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489.
..
Category: Election Law | Date: 14 Feb, 2012 | Hits: 262
....tition is maintainable. The Rule is made absolute in part.
Tele Communication (Amendment) Act (XLI of 2010)
Sub-section (2) of section 39 provides that if the government is of the view that any condition of the license has to be amended, it may direct the BTRC to do such amendment and such......e directly to the government exchequer after deduction. VAT is always added to the total consideration value. It is never deducted like advanced income-tax or income-tax from the income. In whichever stage one deducts and pays VAT, he has to deduct it after addition of VAT and not before addition.&n......one should immediately pay, if not paid already, the fees, charges and VAT to the concerned authorities in accordance with law.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 401.
..
Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15
....ebruary 12, 2012.
Result:
The application is disposed of.
Cases Referred to-
Chiswick Products Vs. The Registrar of Trade mark, Karachi, PLD 2975 Karachi 421; Abdul Aziz Vs. Seven-up Company, Karachi, PLD 98 Karachi 10; Powell Vs. Birmingham Vinegar Brewery Co. (1893) 10 RPC 63 Ch. D; A......rade mark No.31112 in Class -32 for the Trade Name "FROOTI", in accordance with law.
However, there shall be no order as to costs.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 730.
......l of the registered Trade mark No.31112 in class No.32 from the Registrar of Trade mark Register.
5. Pursuant to the notice served, the respondent No.1 Parle Agro Product Limited appeared in the proceeding on engaging the learned Advocate Mr. ABM Shamsud Doulah who preferred affidavit-in-opposi..
Category: Intellectual Property Law | Date: 12 Feb, 2012 | Hits: 91
Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)
....1 having been unduly influenced by the defendant No. 1 of that suit entered into a compromise to the detriment of the interest of her minor children namely plaintiff Nos. 2-4 without taking any guardianship certificate of her minor children under the Guardian and Words Act. At the time of ......Sub-ordinate Judge, Additional Court and Artha Rin Adalat No. 2, Dhaka in Title Suit No. 155 of 2001. 2. During pendency of the appeal when the matter was brought in the list for hearing at that stage an application for recording a decree on compromise was filed before this Court on Januar......ection with all its force. 22. We have also noticed the consequence of entertaining such an unhealthy attitude between man and man in this case which if detected by the Court at any stage in any proceeding, we are of the considered opinion that the concept of social justice should be invok..Category: Property Law | Date: 7 Feb, 2012 | Hits: 4
Abdur Razzak Vs. State, 2012, 41 CLC (HCD)
....dgment and Order to the learned Divisional Special Judge, Dhaka and another copy to the Chairman of Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 192. ......dgment and Order to the learned Divisional Special Judge, Dhaka and another copy to the Chairman of Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 192. ......s to form "an opinion that there is ground for presuming that the accused has committed offence................" An opinion on the basis of presumption and a finding in a judicial proceeding are two distinct concepts. A finding about commission of offence must be based on evidenc..Category: Anti-Corruption Laws | Date: 2 Feb, 2012 | Hits: 134
Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)
....art of the High Court Division to alter the conviction of the appellant The High Court Division is expected to be careful while exercising its power on the question of conversion of the conviction of any accused. Since the state has taken no exception against the conversion of the conviction, A......wer on the question of conversion of the conviction of any accused. Since the state has taken no exception against the conversion of the conviction, Appellate Division feel it not proper at this stage to interfere with his conviction. Appellate Division find no ground to commute the senten......mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ..Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....llip;………….Respondents Judgment February 1, 2012. Result: The appeal and the leave petition are dismissed. A mutawalli cannot grant lease of any part of waqf property in perpetuity with prior sanction of the Administrator. The language ......ion in the eye of law. Therefore, the lease, according to him, is violative to section 57 of the Waqfs Ordinance. This point is devoid of substance, inasmuch as, neither in the plaint nor at any stage of the proceeding the plaintiff has raised this point. The learned counsel has raised thi......receipts: exhibits-'Kha and Kha(1)' by which he paid rents in respect of the land in question upto 1379-1382 and exhibit- 'Ga' the certified copies of the order sheets of the mutation proceedings, (ii) the lease deed of defendant No.1 dated 18-5-1965 is valid and is in existence and ..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)
....oper perspective. 9. He further submits that the learned trial court while disposing the petition under section 265C of the Cr. P.C. failed to appreciate that the facts and records do not reveal any prima facie case and upon consideration of the facts and records the conclusion that reasonably ......essional negligence of the doctors and it proved calls for punishment under the appropriate section of law. Prima facie case against the accused persons is there on records. It is, therefore, not the stage to interfere with the proceedings pending before the subordinate court. 18. We are in ful......us Case No.12963 of 2008. Judgment AKM Shahidul Huq J.- This Rule under section 561A of the Code of Criminal Procedure was issued calling upon the opposite party to show cause as to why the proceedings of Jhenaidah Sessions Case No.105 of 2008 under section 304A/34 of the Penal Code, 1860 ..Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
....after the time for making an application to set aside the award has expired or such application having been made after refusing it. So pursuant to section 17 Court is required to see whether there is any cause to remit the award or any of the matters to arbitration for reconsideration or to set asid...... intention of the parties to enter into any contract in future for said works." 18. However, the parties to a contract are at liberty to vary the terms and conditions of the contract at any stage of the contract provided that the change does not contravene any provision of law or against t......ct. Professor Dr. Golam, Rahman thus having been appointed as the sole arbitrator served notices upon both the parties on 31-5-1998 calling upon the appellant being the first party of the arbitration proceeding to file statement of claim in writing and advising the respondent to appear in the arbitr..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
.... to sell flat No.4/B of the project, 'Primrose' at plot No.11 of Street No.4 of DOHS, Banani at taka 30,00,000 (thirty lac). And then again a tripartite agreement was executed with defendant No.1-company through defendant No.2 on 30-6-2001 and the money paid earlier was adjusted towards the value of...... him on taking the balance money and would also register the kabala. In this way, the plaintiff had been kept waiting. In the meantime, more than 80% of the work of the project was completed. At that stage of the work, when again the plaintiff put pressure upon defendant No.2 for the signature of de......the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ..Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
Warid Telecom International Ltd Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....shall contain the point or points or determination, the decision thereon and the reasons for the decision. But in the present case, the Tribunal by merely pronouncing the conclusion without assigning any reasoning in support of the same is found not to have persued the proper way of disposing of the......and Order. In the result, the appeal is allowed with aforesaid direction. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 188. ......ision or order appealed against. Therefore, the Order passed by the Appellate Tribunal is not an Order as per section 196B (1) of the Act. 16. Furthermore, as per section 196C (8) of the Act the proceedings before the Appellate Tribunal shall be deemed to be a judicial proceedings within the me..Category: Fiscal/Taxation Law, Information Technology Law | Date: 18 Jan, 2012 | Hits: 8
Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)
....desh Telecom Pvt. Ltd. Vs. Bangladesh T & T Board and others, 48 DLR (AD) 20; Chittagong Medical Vs. Shahrayer Murshed, 48 DLR(AD) 33; Helaluddin Ahmed Vs. Bangladesh, 45 DLR (AD); Jamuna Oil Company Ltd. Vs. S.K. Dey, 44 DLR (AD) 104; Maneka Gandhi Vs. Union of India, 2 SCR (1978) 621; Kanara B......ontemplates a post-decisional hearing amounting to a full review of the original order on merits then such a statute would be construed as excluding the audi alteram partem rule at the pre-decisional stage. If the statute conferring the power is silent with regard to the giving of a pre-decisional h......ents right after their decision of canceling the license and admittedly he got ample post decision hearing. Failure to issue notice may not be fatal where the person complaining was aware of the proceeding and took steps to file his objection as it has happened in the present case. 24. For..Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179
Dr. Anowar Hossain Vs. Reya Builders and Engi¬neers Ltd, 2012, 41 CLC (HCD)
....d Engineers Ltd................Respondent Judgment January 12, 2012. Result: The Appeal is allowed. Arbitration Act, 2001; Section 7A and 21 Whether any Signatory of the Agreement is a Necessary or Proper Party in the Proceedings- After appreci......bunal did not form any opinion as to whether Mr. Md. Monir Hossain is a necessary party in the proceeding rather they opined that the application for addition of party as has been made at the belated stage after closing the evidence is not a proper and lawful order. 9. We have gone through the ......ppreciating the provisions of section 7A and 21 of the Arbitration Act, 2001, it is manifest that the application for addition of patty by the 2nd party to implead the 3rd party in the proceedings does not come within the ambit of law. Therefore, as to whether any signatory of the agr..Category: Arbitration Law | Date: 12 Jan, 2012 | Hits: 7
Ikhtiar Rahman and other Vs. State, 2012, 41 CLC (HCD)
....Learned Judge of the Tribunal, after closing the prosecution, examined the appellants under section 342 of the Code of Criminal Procedure to which they reiterated their innocence, but did not examine any witness in defense. After conclusion of trial, the learned Judge convicted and sentenced them as......cue him. P.W. 4 Minu Begum, the land lady of the House from where the victim child was rescued, flatly denied the case and stated that nothing happened at her house on the date of occurrence. At that stage, she was declared hostile, but the prosecution did not cross-examine her. P.W. 5 Md. Rezaul Ka......ed of the charge and be set at liberty forthwith, if otherwise are not wanted. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This case is also Reported in: ..Category: Women and Children | Date: 12 Jan, 2012 | Hits: 155
Millennium Holdings Limited Vs. Hilton International Co., 2012, 41 CLC (HCD)
....2001, upon which the petitioner Millennium Holdings Limited prayed for issuing notice to the respondents to show cause as to why the respondents shall not be restrained by an order from entering into any management agreement or any other similar arrangement with any third party other than the petiti...... interim order dated 24.8.2011 and the petition under Section 7(a) of the Arbitration Act, 2001 is rejected. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......t. But later when the petitioner was made known that about the cancellation of the said lease on 11.2.2008 most illegally by then caretaker government the petitioner immediately preferred arbitration proceeding as per the lease agreement and obtained an Arbitral award with an order to restore the sa..Category: Arbitration Law | Date: 10 Jan, 2012 | Hits: 45
Mohammad Ali Vs. State and another, 2010, 39 CLC (HCD)
....g a meaningless interpretation. It is an elementary rule of construction that the intention of the legislature must be sought from the statute taken as a whole. In arriving at the true meaning of any particular phrase or words employed in the statute it must not be viewed isolated from the con......ed with all the Criminal Miscellaneous Case mentioned above and sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 428. ......nd spirit where incidentally conducting learned Advocate in all these cases are same. 2. However, in all these cases, Rule were issued calling upon the Opposite-parties to show cause as to why the proceeding of Sessions Case No.382 of 2009 arising out of CR Case No.2599 of 2008 punishable under s..Category: Banking Law | Date: 10 Jan, 2012 | Hits: 452
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
....; Hajee Saru Meah Sowdagar and another Vs. Musammat Al-Haj Jahanara Begum and others, 8 DLR 616; Jamshed Khodaram Irani Vs. Burjorji Dhunjibhai, 43 I.A. 26; Kali Das Ghosh Vs. Mungiram Bangur and Company, AIR (1955) Cal.298; Anwara Begum Vs. Md. Karimul Haque and others 5 BLC (AD) 119; Ma Shwe Mya V...... permission from the Bangladesh Bank and document relating to the lease of the property, had been given to the Purchaser at the time of execution of the agreement for sale. Nevertheless, even at this stage, in October 1993, the Vendor took no steps to rescind the agreement for sale. On the contrary,......nly is rather startling to be told that nine years after a contract has been made, which could have been satisfied within twelve months of its execution, a party to the contract is at liberty to take proceedings for specific performance of contract. The rights of equity which prevail in British Burm..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Md. Amzad Hossain Parag Vs. Md. Saiful Islam and others, 2012, 41 CLC (AD)
.... also entered appearance and filed written statement supporting the case of the plaintiff. But ultimately this defendant No.14 did not remain present during trial, of the suit and did not adduce any evidence in support of his pleading. 7. The defendant Nos.2, 3 and 5 contested the suit by ......w the judgment and decree of the trial court will stand. In the circumstances we dismiss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ......entirely on the contesting defendants to prove that the impugned kabala deed was a genuine one. This view of the appellate court and the High Court Division is wrong. The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side. In th..Category: Property Law | Date: 9 Jan, 2012 | Hits: 98
Shamsul Haque Hawlader Vs. Government of Bangladesh and Others, 2012, 41 CLC (AD)
....n discharged the Rule by the impugned judgment and order dated 31.10.2011. 6. Mr. Khan Saifur Rahman, the learned Counsel appearing on behalf of the petitioner submits that the power to transfer any criminal case is reposed in the High Court Division under section 526 of the Code of Criminal Pr......tions 302/326/307/114/34 of the Penal Code. Prosecution having examined 28 (twenty eight) witnesses, (the evidence was) closed the evidence and the case was fixed for hearing of arguments and at that stage the case was transferred from the Court of Sessions, Madaripur to the Druto Bichar Tribunal No......per appreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. This Case is also Reported in: 32 BLD (AD) (2012) 145. ..Category: Procedural Law | Date: 5 Jan, 2012 | Hits: 92
Anti-Corruption Commission Vs. AKM Shamim Hasan and another, 2012, 41 CLC (AD)
....o the Court of Divisional Special Judge, Barisal for disposal and was registered as Special Case No.7 of 2009. It appears that the trial of the case had already commenced and after examination of as many as 23 prosecution witnesses, the petitioner was examined under section 342 of the Code of C......y, on 14-06-2010 was fixed for examination of the defence witnesses. On this date, on the prayer of the accused, the next date was fixed on 30-6-2010 for examination of the defence witnesses. At that stage, the accused filed an application before the High Court Division under section 526 of the Code......ge, Barisal is set aside. The Divisional Special Judge, Barisal is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 82. ..Category: Anti-Corruption Laws | Date: 2 Jan, 2012 | Hits: 179
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