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Ziaul Karim Farazi and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
.... Tk. 310-670/-, a scale that was fixed for grade No.VII in the scale of pay in 1973. Although the petitioners having practical experience for composing works were drawing scale of Tk.220-420/- at the relevant time in the VIII grade correspondingly, the scale of pay declared in 1977, the anomaly and ......hority and therefore is of no legal effect. 13. Heard the learned Advocate-on-Record and perused the petition and the impugned judgment and order of the Administrative Appellate Tribunal and other papers on record. 14. It appears that the appellate tribunal rightly held that the A.T. case was ......) 111, 63 DLR (AD) (2011) 119. ......smissed the A.T. Case No. 89 of 2000. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 111, 63 DLR (AD) (2011) 119. ..Category: Administrative Law | Date: | Hits: 215
Government of Bangladesh Vs. Messers Khalil Steels, 2008, 37 CLC (AD)
....he High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 109. ......r the parties made the Rule absolute. 6. We have heard Mr. Zainul Abedin, the learned Advocate-on-Record for the petitioners and perused the judgment of the High Court Division and other connected papers on record. 7. The High Court Division held that undisputedly SRO. No.119 dated 6.6.2002 (A......bedin J Md. Abdul Matin J The Government of Bangladesh represented by the Secretary, Ministry of Finance, Internal Resources Division, Bangladesh Secretariat, Secretariat Building, Ramna, Dhaka and others......................Petitioners Vs. Messers Khalil Steels represented by its propr......he High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 109. ..Category: Fiscal/Taxation Law | Date: | Hits: 93
....me owner-possessors of suit plot no.41 on basis of a gift and while thus they were owning and possessing the same, they sold out the said land of Plot No.41 to aforesaid Shamsuddin Bhuiyan and at the relevant time vendor Golam Saber Shamsuddin Ahmed being minor, the patta deed dated 1.7.1944 was exe......rials on record and hence no interference is called for.
Accordingly the application for leave to appeal is dismissed without costs.
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 105.......6.
Lawyers Involved:
Md. Ibrahim Khalil, Advocate-on-Record-For the Petitioner.
Not represented-the Respondents.
Civil Petition for Leave to Appeal No. 429 of 2008.
(From the judgment and order dated 03.01.2006 passed by the High Court Division in Civil Revision No.1480 of 1997.)
......it. The defendant contested the suit denying ownership and possession of the plaintiffs in the suit land relying on purchase made by his father. The plaintiffs adduced four (4) witnesses and produced documents marked Exhibits-1 to 4 series in support of their case and the defendant adduced five (5) ..
Category: Property Law | Date: | Hits: 81
Shah Alam and others Vs. State, 2000, 29 CLC (HCD)
....estigating Officer. In cross he admitted that no looted article was recovered in this case. He then said that accused Kazi Shahjahan was acting as Head Cashier of Sonali Bank, Jangalia Branch, at the relevant time. He then claimed that the four confessing accused implicated the accused Kazi Shahjaha....... Send down the LC records along with a copy of this judgment to the Trial Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 52 DLR (2000) 566. ....... This Case is also Reported in: 52 DLR (2000) 566. ....... Send down the LC records along with a copy of this judgment to the Trial Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 52 DLR (2000) 566. ..Category: Criminal Law | Date: | Hits: 67
Concord Engineers Construction Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....eciding whether a claim for interest on capital borrowed for the purpose of business can be allowed, the fact that the assessee had ample resources at his disposal and need not have borrowed is not a relevant matter for consideration. The matter to be decided is whether the amount of interest paid w......ithout any interest and that was also not in connection with its business and thus there is no illegality in the order of the Appellate Tribunal. 10. We have perused the application along with the papers annexed therewith and considered the submissions made by the learned Advocate for the respect......issioner of Taxes Vs. Titas Gas Transmission & Distribution Co. Ltd. Dhaka, 46 DLR 332; 142 ITR 528; 44 ITR 847; Commissioner of Income Tax, Andhra Pradesh Vs. Gopi Krishna Muralidhar, 47 ITR 469 and 51 ITR 835. Lawyers Involved: MA Noor, Advocate—For the Applicant. Md. Aftabuddin—......stions raised in these references in the negative and in favour of the assessee applicant. The parties are left to bear their own cost. Ed. This Case is also Reported in: 52 DLR (2000) 562. ..Category: Fiscal/Taxation Law | Date: | Hits: 135
Bally Schutrabriken Ag, Switzerland Vs. Hosnara Begum, 1999, 28 CLC (HCD)
.... Act but facts of those cases are quite distinguishable from the facts of the instant case. The other cases either relate to section 10 or passing off and infringement action and as such they are not relevant for determining the issue involvement in the instant appeal. 6. We have perused the mate....... In the case of Montres Rolex SA, Geneva Switzerland Vs. Assistant Registrar of trade marks and another reported in PLD 1987 Karachi 199, it has been held that mere advertisement of a product in newspapers and journals without evidence of actual sale of such product in the local market is not suffi...... (2000) 546. ......ent to the date of filing of the application by the respondent No.1, use of the mark in other countries was of no use for the purpose of registration of the mark in Bangladesh and also found that the documents submitted as annexures to the affidavit did not prove the use or reputation of the mark in..Category: Intellectual Property Law | Date: | Hits: 210
.... in different form. This is the 2nd round legal fight upon the self same subject matter and upon common issues which have already been decided finally. The learned joint District judge, framed some irrelevant issues. The subject matter of the suit has already been decided by the Appellate Division. ......execute and register kobala deed in favour of the defendant appellant. It further shows from the record of execution case No. 20 of 1985 that the said court directed the decree holder to put in stamp papers for writing a kobala deed and stamp papers were duly supplied on 18.1.1992. The kobala was wr...... I agree.
Ed.
This Case is also Reported in:
......dant No.1 and 2 had authority to withdraw money from HRC Case No. 224 of 1983?
5) Whether the plaintiff is entitled to get a decree as prayed for?
6. Both the parties examined witness and their documents were admitted into evidence.
7. The learned Sub-ordinate Judge by the impugned judgment..
Category: Property Law | Date: | Hits: 110
Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)
....oceeding, so that the Bishesh Adalat would have been able to examine him to ascertain his status. In this regard it was observed as follows: "the age of an accused at the time of occurrence is not relevant. If it is found that at the time of trial an accused is not a child there would be no illeg......a copy of this judgment be communicated at once. Sheikh Abdul Awal J. - I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 194; 15 MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ...... MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ......a copy of this judgment be communicated at once. Sheikh Abdul Awal J. - I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 194; 15 MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ..Category: Criminal Law | Date: | Hits: 128
Shahidul Islam Mohan @ Mohan Huzur Vs. State, 2011, 40 CLC (HCD)
..... 6. The learned Assistant Attorney General appearing for the respondent opposes the appeal. 7. Heard the learned advocate of both the sides and perused the FIR, deposition of P. W. 1 and other relevant documents annexed to the supplementary affidavits together with the impugned order. 8. P......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......ase in short is that on 19.06.2010 one S. I. Ziaul Ahshan lodged a FIR with the Kushtia Police Station alleging inter alia that he along with other police personnel’s arrested the accused appellant and recovered arms as per the statement of the accused appellant and thereafter seizing the alleged ......he learned Assistant Attorney General appearing for the respondent opposes the appeal. 7. Heard the learned advocate of both the sides and perused the FIR, deposition of P. W. 1 and other relevant documents annexed to the supplementary affidavits together with the impugned order. 8. Perusing t..Category: Criminal Law | Date: | Hits: 91
Md. Nurul Hakim @ Md. Noor Hakim Vs. State, 2011, 40 CLC (HCD)
....nt may be enlarged on bail. The learned Assistant Attorney General appearing for the respondent opposes the appeal. 4. Heard the learned advocate of both the sides and perused the FIR and other relevant documents annexed to the application for bail together with the impugned order. 5. On pe......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......the Special Tribunal No. 4, Cox’s Bazar in Special Tribunal Case No. 174 of 2010 arising out of G. R. Case No. 147 of 2010 corresponding to Teknaf P.S. Case No. 05 dated 2.5.2010 under section 19 A and (f) of the Arms Act, rejecting the prayer for bail of the appellant. 2. A magazine containing...... enlarged on bail. The learned Assistant Attorney General appearing for the respondent opposes the appeal. 4. Heard the learned advocate of both the sides and perused the FIR and other relevant documents annexed to the application for bail together with the impugned order. 5. On perusal of ..Category: Criminal Law | Date: | Hits: 57
Shahadat Hossen Vs. State, 2011, 40 CLC (HCD)
....nt may be enlarged on bail. The learned Assistant Attorney General appearing for the respondent opposes the appeal. 5. Heard the learned advocate of both the sides and perused the FIR and other relevant documents annexed to the application for bail together with the impugned order. 6. On pe......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......s that on 9.9.2010 one Md. Abdul Nabi lodged an FIR with the Lohagara Police station alleging that on 8.9.2010 at 11.45 p.m. some unknown peoples entered their area which was seen by the local people and alarmed in their mosque’s maik that on 9.9.2010 at 11.00 a. m. the informant and others saw th...... enlarged on bail. The learned Assistant Attorney General appearing for the respondent opposes the appeal. 5. Heard the learned advocate of both the sides and perused the FIR and other relevant documents annexed to the application for bail together with the impugned order. 6. On perusal of ..Category: Criminal Law | Date: | Hits: 41
Shakainath Mohanta Vs. Md. Tatikuddin Mondal and others, 1999, 28 CLC (HCD)
....k) of the Code of Civil Procedure rejecting the appellant’s prayer for substitution of the heirs and heiresses of deceased defendant No.17 Nur Mohammad on setting aside abatement. 2. Short facts relevant for the purpose of the case are that the appellant as plaintiff instituted, a suit before t......hin 6 months from date of the receipt of this order. Communicate the order of the Court to the learned Subordinate Judge, Noagaon at once. Ed. This Case is also Reported in: 52 DLR (2000) 541.......reme Court High Court Division (Civil Appellate Jurisdiction) Present: Mahfuzur Rahman J Gour Gopal Saha J Shakainath Mohanta………….Appellant Vs. Md. Tatikuddin Mondal and others……………Respondents Judgment May 26, 1999 . Case Referred To- Azimunnes......hin 6 months from date of the receipt of this order. Communicate the order of the Court to the learned Subordinate Judge, Noagaon at once. Ed. This Case is also Reported in: 52 DLR (2000) 541...Category: Property Law | Date: | Hits: 73
Foto Fast Color Lab Vs. Bangladesh & others, 2000, 29 CLC (HCD)
....ificate from the Dhaka Municipal Corporation on 21-7-1991 and opened a letter of credit for import of the machine in 1991 and upon arrival of the machineries submitted bill of entry together with all relevant papers for delivery of the machineries for the business in the month of June, 1992. The pet......rom the Dhaka Municipal Corporation on 21-7-1991 and opened a letter of credit for import of the machine in 1991 and upon arrival of the machineries submitted bill of entry together with all relevant papers for delivery of the machineries for the business in the month of June, 1992. The petitioner o...... Lab…………Petitioner Vs. Bangladesh & others…………Respondents Judgment May 25, 2000. Cases Referred To- Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board and ors., 48 DLR (AD) 20. Lawyers Involved: Rafiqul Islam, Advocate—For the Petitioners. ......efinite view that the respondents, prior to proceeding against the petitioner, should have issued a show cause notice and held enquiry affording opportunity to the petitioner to produce materials and documents vis-a-vis the materials and documents of the respondents for a decision as to the alleged ..Category: Fiscal/Taxation Law | Date: | Hits: 139
Asaduzzaman (Md.) Vs. Md. Salamatullah & others, 1999, 28 CLC (HCD)
....al, Satkhira should not be quashed. 2. As the facts and question of law involved are similar in both the Rules, these were heard together and are now disposed of by this single judgment. 3. The relevant facts necessary for the purpose of disposal of the above Rules are stated below: “The ......quashed. In the result, both the Rules are made absolute. The proceedings of CR Case No.555 of 1996 and CR Case No.65 of 1996 are quashed. Ed. This Case is also Reported in: 52 DLR (2000) 530.......laneous Case No.767 of 1997 with 145 of 1997. Judgment Md. Hamidul Haque J.- By these two Rules, opposite parties were directed to show cause as to why the proceedings of CR Case No.555 of 1996 and CR Case No.65 of 1996 pending in the Nalishi Adalat ‘Ka’ Anchal, Satkhira should not be quas......quashed. In the result, both the Rules are made absolute. The proceedings of CR Case No.555 of 1996 and CR Case No.65 of 1996 are quashed. Ed. This Case is also Reported in: 52 DLR (2000) 530...Category: Criminal Law | Date: | Hits: 46
Mehnaz Sakib Vs. Bangladesh, 1999, 28 CLC (HCD)
....following day to meet the detenu and collect the copy of the order of detention. But neither she was allowed to see the detenu nor she was allowed to collect the copy of the order of detention or any relevant paper of her detention. Thereafter the petitioner moved this Court with a newspaper clippin......that the right guaranteed to the detenu under sub-article (2) of Article 33 of our Constitution has been flagrantly violated. 18. Learned Deputy Attorney-General has drawn our attention to certain papers from the file showing that the detenu was forwarded to the Court of Chief Metropolitan Magist......dul Matin J Mehnaz Sakib……………Petitioner Vs. Bangladesh…………..Respondents Judgment May 30, 1999. Cases Referred To- Abdul Latif Mirza Vs. Government of Bangladesh and others, 31 DLR (AD) 1; Md. Anwar Hossain Vs. Government of Bangladesh, 30 DLR 423; Government of......se the detenu Mrs. Jobaida Rashid now detained in Dhaka Central Jail, Dhaka forthwith if she is not wanted in connection with any other case. Ed. This Case is also Reported in: 52 DLR (2000) 526...Category: Criminal Law | Date: | Hits: 64
Tarique Rahman Vs. Director General, Bureau of Anti-Corruption, 1999, 28 CLC (HCD)
....rders have been issued by the same respondent under the same authority involving similar question of law and fact they are being disposed of by a single Judgment. 4. We may start by discussing the relevant submissions by the learned Counsels for the petitioners in these writ petitions. 5. It i...... 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. ......risdiction) Present: Mainur Reza Chowdhury J MA Aziz J Tarique Rahman………………………Petitioner Vs. Director General, Bureau of Anti-Corruption, Government of Bangladesh and others ……………..Respondent Judgment March 23, 1999. Cases Referred To- Sonto...... 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
....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.......as given wide publicity through newspaper and various other media which attained wide popularity amongst the members of the public. Cautionary notices were also published from time to time in the newspapers. This registration of the mark conferred upon the registered owner an exclusive and monopoly ......
High Court Division
(Civil)
Present:
Mahmudul Amin Choudhury J
Md. Abdul Aziz J
Samah Razor Blades Industries Ltd…………….Appellant
Vs.
Supermax International Pvt. Ltd and another………….………….Respondents
Judgment
March 11, 1998.
Cases Referred to...... 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 finding that the mark comes under the ..
Category: Intellectual Property Law | Date: | Hits: 319
Abdur Rahim Chowdhury Vs. Bangladesh Bank, Dhaka and others, 1997, 26 CLC (HCD)
....y harm to any interest of the public or depositors. This petition is directed against the impugned order suspending the petitioner under proviso to section 46(2) of the Banking Company Act. It may be relevant at this stage to quote section 46 of Banking Company Act, 1991. “৪৬। ব্য......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. ......me Court High Court Division (Special Original Jurisdiction) Present: Mainur Reza Chowdhury J M A Aziz J Abdur Rahim Chowdhury…………Petitioner Vs. Bangladesh Bank, Dhaka and others………………Respondents Judgment July 10, 1997. Lawyers Involved: Syed......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. ..Category: Employment/Service Law | Date: | Hits: 79
Shahidul Vs. State, 1998, 27 CLC (HCD)
....not wanted in any other case. Send down a copy of judgment along with the LC record to the trial Court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 222.......investigation officer of this case but on his (Abul Bashar) transfer he (deponent) was appointed investigation officer of this case. He further said that he received the case diary, alamats and other papers of the former investigation officer and examined the same and being satisfied submitted charg......l Islam J Md. Hassan Ameen J Shahidul…………….. Petitioner Vs. State ………………..Respondent Judgment August 13, 1998. Cases Referred to- Mofazzal Hossain Mollah and others vs. State 45 DLR (AD) 175 & Md. Sher Ali and others vs. State and another 46 DLR (AD)......not wanted in any other case. Send down a copy of judgment along with the LC record to the trial Court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 222...Category: Criminal Law | Date: | Hits: 33
Amora Holding Inc. Vs. Bangladesh, 1998, 27 CLC (HCD)
...., the learned Deputy Attorney General appearing for the respondents, submits that the present proceedings was started under sections, 156(1) and 157(2) of the Customs Act, 1969 complying with all the relevant provisions and since Member NBR the Appellate authority, found that there is doubt about th......or Chittagong, Colombo and Maldives ports and the agent of the vessel at the time of sail, supplied the manifest of goods like sugar, coconut oil, damarbatu, textiles, cigarettes and connected vessel papers and advised the master of the vessel that detailed manifest of goods of the containers, menti......KM Hasan J Md. Tafazzul Islam J Amora Holding Inc. represented by Mariners (Bangladesh) Ltd……..…………………….. Petitioner Vs. Bangladesh, represented by the Secretary (IRD) and Chairman, NBR, Ministry of Finance and others………..Respondents Judgment June 10, 1998......ded cargoes i.e., coconut Oil, sugar, cigarettes and some other cargoes for different parts and sailed for Colombo via Chittagong and those were documented and as regards other cargoes in the vessel, documents were to follow and/or were to be retained and the customs authority seized the vessel ille..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
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