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Manzu Sweeper Vs. State, 2005, 34 CLC (HCD)

.... a copy of the judgment for information and taking necessary action.  Ed.  This Case is also Reported in: 59 DLR (2007) 593; 13 MLR (HCD) (2008) 417.       ......nterfeit……………….(29) Where there was no evidence that the currency note in possession of the accused was of such nature or description of look that a mere look at it would convince any person of average intelligence that it was counterfeit or forged nor any such question was put to th..

Category: Criminal Law | Date: | Hits: 40

Mofidul Haque (Md) Vs. Bangladesh, 2006, 35 CLC (HCD)

...., there is no merit in this appeal. The appeal must fail. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ......law. 3. Conversely, the claims of the appellant as made in Form TM-6 are that the applicant for rectification had no user of the mark Liberty in Bangladesh and, as such, the applicant is not a person aggrieved within the meaning of sections 37 and 46 of the Trade Marks Act. 1940. Since the ap..

Category: Intellectual Property Law | Date: | Hits: 198

A Wadud Member and another Vs. State, 2006, 35 CLC (HCD)

....We find no substance in the Rule, In the result, the Rule is discharged. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 59 DLR (2007) 586. ......ed by the petitioners and appears from the order sheet annexed with the Rule petition, it appears that when the anticipatory bail was granted, the accused petitioner was in custody and either a false person was presented before the court or the petitioner suppressed the true facts or this court with..

Category: Criminal Law | Date: | Hits: 29

Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)

....arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ......for revocation on 18-11-85 after about 19 years of granting the Letter of Administration. In his application he did not state a single word why he made the application after such a long time. Where a person comes to Court after a long lapse of time and knowledge, the Court will not reopen the grant ..

Category: Property Law | Date: | Hits: 68

Sylhet Gas Fields Ltd. Vs. Chairman, 2nd Labour Court and another, 2007, 36 CLC (HCD)

....ischarged on contest without any order as to cost. The stay order passed at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 576. ......ischarged on contest without any order as to cost. The stay order passed at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 576. ..

Category: Labour and Industrial Law | Date: | Hits: 114

Muhaiminul Hasan Khan Vs. Md. Nurul Islam Khan and others, 2001, 30 CLC (HCD)

....fresh and dispose of the original application for succession certificate in the light of above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156.......he view taken by learned Subordinate Judge. 18. Now, lastly, we must consider the legal standing of a nominee or next of kin in such proceeding for succession certificate. It may be noted that any person may apply for the certificate but it is always expected that an heir of the deceased should m..

Category: Property Law | Date: | Hits: 36

Bura Yunus and others Vs. State, 2007, 36 CLC (HCD)

.... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549.......pports probability of the defence version that PWs 5 and 14 have been using Doctor Kudarat-e-Khoda hostel of Bangladesh Leather Technology, as their abode for realising money and implicating innocent persons by insti­tuting false cases. Learned Advocate finally submits that the prosecution has fail..

Category: Criminal Law | Date: | Hits: 90

Shafique Ullah (Md) Vs. Chairman, Rupali Bank Ltd. and others, 2006, 35 CLC (HCD)

....e Appeal No. 621 of 2000 is hereby affirmed. Send down the lower Court's records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 546.......e Appeal No. 621 of 2000 is hereby affirmed. Send down the lower Court's records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 546...

Category: Criminal Law | Date: | Hits: 29

Mahmudur Rahman and another Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)

....d to have been made without lawful authority and is of no legal effect There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 540; 13 MLR (HCD) (2008) 353. ......urt may seem fit and proper. 2. In both the Writ petitions the petitioners have impugned the inclusion of their names in the lists prepared by the Central Bank's Credit Information Bureau (CIB) as persons who have defaulted in the payment of bank dues. 3. Both the Rules concern common que..

Category: Banking Law | Date: | Hits: 124

Dr. Md. Golam Hossain Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....s the Rule having no merit fails. In the result, the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 533. ......the case of Government of the People's Republic of Bangladesh vs. SM Fariduddin reported in 21 DLR (AD) 155 wherein it is held: "If by an order of transfer any terms and conditions of service of a person in the service of the Republic is violated, his remedy lies with the Administrative Tribunal...

Category: Employment/Service Law | Date: | Hits: 89

Abul Khair and others. Vs. Chairman, Chittagong Dock Sramik Parichalana Board and Chairman, Chittagong Port Authority, Chittagong and others, 2009, 38 CLC (AD)

....tance in the submissions of the learned Counsel for the appellants. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 803....... Act and that the Chittagong Port Dock Workers (Regulation of Employment) Scheme, 1986 provides in its Section 13 regarding the medical examination of its employee. Section 13(1) provides that livery person before being registered as a dockworker under any provision of this Scheme shall be required ..

Category: Labour and Industrial Law | Date: | Hits: 109

Jamal Uddin Ahmed Vs. Abdul Haque and another, 2002, 31 CLC (HCD)

....818 as of the date 30th September, 1993, in Class‑6 in respect of CI. Fittings, is cancelled. In the result, the petition is allowed. Ed. This Case is also Reported in: 55 DLR (2003) 102. ......d as sanitary goods by any purchaser of ordinary prudence if he finds those in a shop. Those are made of cast iron, no doubt, but for sanitary purposes. As such, there is every likelihood that when a person purchases one or more of the items as seized from the factory premises of the Opposite Party ..

Category: Intellectual Property Law | Date: | Hits: 175

Hafizuddin Ahmed Vs. M Aslam Miah & others, 2002, 31 CLC (HCD)

....ce. Let a copy of this judgment and order be sent to opposite party No. 5, the Administrator of Waqfs for his perusal and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 95.......intainable in law. 17. Under the Muslim Personal Law, a Mohammedan is entitled to dispose of his property, movable or immovable, by of a waqf, Waqf means and includes any permanent dedication by a person professing the Muslim faith of any property for any purpose recognised by Islam as religious,..

Category: Trust/Waqf Law | Date: | Hits: 228

Zitu Ahsan alias Apon Vs. State, 2007, 36 CLC (HCD)

....t him of the said Ain. The appellant be set at liberty at once if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 528.......ter then she would be finished. Then she went to bring the copy of the Kabinnama but she was not able to collect the said Kabinnama. Subsequently, she has informed the same to the local distinguished persons and then Zitu Ahsan (Apon), Md. Ayet Ali, Most Tahura Begum, they refused and said that ther..

Category: Criminal Law | Date: | Hits: 44

Rahamatullah (Md) and another Vs. State, 2007, 36 CLC (HCD)

....receipt of the case records with notices to the contending parties. Send down the records along with the copy of the judgment immediately. Ed. This Case is also Reported in: 59 DLR (2007) 520....... 3. After submission of the charge sheet, the case was transferred to the court of the learned Judge, Speedy Trial Tribunal Khulna for holding trial. 4. Upon the aforesaid allegations the accused persons are put on trial before the learned Judge, Speedy Trial Tribunal who framed charge under sec..

Category: Criminal Law | Date: | Hits: 32

Uzzal alias Elias Hossain Vs. State, 2006, 35 CLC (HCD)

....in and to be paid to the informant Abdul Mannan, the father of the victim, as compensation. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 505.......ection 9(2) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (henceforth referred top as "the Ain") by judgment and order dated 9-10-2002 in Nari-o-Shishu Case No. 284/2002. In addition, all the accused persons were ordered to pay fine of Taka 1,00,000 each to be paid to the victim's father as compensa..

Category: Criminal Law | Date: | Hits: 35

Taju and others Vs. State, 2007, 36 CLC (HCD)

.... The accused appellant Taju, son of Sona Miah, is discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 499. ......iah lodged the first information report with Raypura Police Station Narsingdi on 22­-12-2000 at about 3-00 PM to the effect that on 20-­12-2000 taking advantage of his absence from home the accused persons named in the first information report enticed and kidnapped his younger sister (the victim) ..

Category: Criminal Law | Date: | Hits: 42

Tuta Pramanik (Md) Vs. State, 2007, 36 CLC (HCD)

....is set at liberty forthwith, if he is not wanted in connection with any other case. Send down the lower Court records expedi­tiously. Ed. This Case is also Reported in: 59 DLR (2007) 492.......d the arms and ammunition. In his cross-examination, he categorically stated that he was present at the time of recovery. He also stated that he does not know whether the appellant was an indifferent person of escapist mentality who used to elude from practical avocations of leading normal family li..

Category: Criminal Law | Date: | Hits: 42

HP Cold Rolling Mills Ltd. Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)

....tual export of the finished goods as drawback expeditiously, pre­ferably within two months of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 483.......র নির্দেশ প্রদান করিতে পারিবে ৷ (Underlined by us) 16. Sub-section (1) of aforesaid section 13 of the VAT Act provides, inter alia, that any person shall be entitled to drawback of the amount of VAT, supplementary duty, customs duty, excise ..

Category: Fiscal/Taxation Law | Date: | Hits: 93

Fida-ul-Huq Vs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)

.... appropriate steps in accordance with law against the said fake Fida-ul-Huq, i.e. the occupant of the flat. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 480.......t since the impugned order was made by the Directorate of Accommodation which made allotment to a Government servant (the respondent No. 5) in accordance with law, the petitioner is not the aggrieved person by the said impugned order Annexure-'F' to the writ petition. He further submits that since t..

Category: Property Law | Date: | Hits: 34